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HomeMy WebLinkAboutcc min 1959/12/01 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 1, 1959 The Council met in the Council Chambers at City Hall on the above date at 7:00 PoMo with the following Councilmen present: Councilmen McAllister, McMains, DeGraaf, Menzel Absent: None Also present: City Engineer Floyd, City Attorney Kugler, City Administrator Fulwiler, City Planner Fretz, Administrative Analyst Ross, City Finance Officer Grant Mayor McMains led the pledge of allegiance to the Flag and asked for a moment of prayer ~5~UBLIc HEARING - Proposed rezoning-Southwest corner of Broadway and J. St. This being the time and place, as advertised, for a public hearing on the proposed rezoning from R-3 to C-2 the rear of the property on the Southwest corner of Broadway and J. Street,the Mayor declared the hearing A letter from Ralph Small and other property owners on Jo Street open. was read protesting the proposed rezoning. The recommendations of the Planning Commission were read. Attorney Keith Atherton, representing Mr. Arthur Spencer, owner of the property, spoke in favor of the rezoningo Mr. Ralph Small spoke in support of his petition of protest. No others wishing to be heard, the Mayor declared the hearing closed° ~IC HEARING- Proposed rezoning of lot at Moss and Naples Streets This being the time and place, as advertised, for a public hearing on the proposed rezoning from R-1 to R-3 of the triangular lot at the intersection of Moss and Naples Streets, Mayor McMains declared the hear- ing open. Robert Gans, upon inquiry, was informed the maximum height of buildings in the R-3 zone is 35 feet. Mr. Dixon of 1098 Alpine Ave° spoke in opposition to business on the lot. Mr. Martin Jorgensen, 119 Naples Street stated that a petition signed by 62 persons in protest to the proposed rezoning was submitted to the Planning Commission at their hearing. No others wishing to be heard, the Mayor declared the hearing closed. Councilman DeGraaf expressed opposition to the rezoning, and sted the owner apply for a conditional use permit. C HEARING- Establishing zero set-back on "D" Street, West of WoodlaWnAveo This being the time and place, as advertised, for a public hearing on the proposed zero set-back along the North and South sides of "D' Street, West of Woodlawn A~nue, Mayor McMains declared the hearing open. No one in the audience wishing to be heard either for or against the proposed set-back, the Mayor declared the hearing closed. ORDINANCE No. 673 - Amending zoning ordinance-(Rezoning Southwest corner of Broadway and Jo Street, rezoning lot at Moss and Naples, and establishing zero set-back on Do Street West of Woodlawn) - First reading It was moved by Councilman McAllister, seconded by Councilman McMains and carried, that Ordinance No. 673 be placed on its first reading, and that reading of the text be waived. The motion carried by the following vote, to-wit: AYES: Councilmen McAllister, McMains, Menzel Noes: Councilman DeGraaf  t: None C HEARING- Proposed Amendment to zoning Ordinance allowing for larger size lots. This being the time and place, as advertised, for a public hearing on a proposed amendment to the zoning ordinance to allow for lots of greater area than 7,000 square feet, Mayor McMains declared the hearing open° No one wishing to be heard, either for or against the proposed amendment, the Mayor declared the hearing closed° ORDINANCE No. 671-Highland Avenue Annexation- Second reading City Attorney Kugler stated the City had been served with a restrain- ing order on adoption of Ordinance NCo 671, so it could not be placed on its second reading at this time. Rearing on the order is set for December 17th, at vmhich time it will be determined if the restraining order is to continue until the trial. ORDINANCE No. 676-Amending zoning Ordinance(Zero set-back on D. Street West of Woodlawn Avenue ) - First reading It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried~ that Ordinance NCo 676 be placed on its first reading, and that reading of the text be waived0 The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None ORDINANCE No. 677-Amending Zoning Ordinance (Broadway and J. Sto)First reading It was moved by Councilman Menzel, seconded by Councilman McAllister and carried, that Ordinance No. 677 be placed on its first reading and that reading of the text be waived. The motion carried by the following vote, to-wit: AYES: Councilmen Menzel, McAllister~ McMains~ DeGraaf Noes: None Absent: None ~.'PROPOSED REMONING OF LOT AT INTERSECTION OF LOSS AND NAPLES STREETS A petition was read~ signed by thirty-nine property owners~ protest- ing the proposed rezoning from R-1 to R-3 of the triangular lot located at the intersection of Loss and Naples Streets° Action on the proposed rezoning was held over one week for further study. ORDINANCE NCo 674-Amending Zoning Ordinance (larger lot sizes) Second reading It was moved by Councilman McAllister, seconded by Councilman Menzel and carried~ that Ordinanc~No~ 674 be placed on its second reading; that reading of the text be waived and the Ordinance adoptede The motion carried by the following vote~ to-wit: AYES: Councilmen McAllister, McMains~ DeGraaf, Menzel Noes: None Absent: None ORDINANCE No. 675-Amending Zoning Ordinance(Home occupation-Second reading It was moved by Councilman Menzel, seconded by Councilman DeGraaf~ and carried~ that Ordinance No. 675 be placed on its second reading; that reading of the text be waived and the Ordinance adopted° The motion carried by the following vote~ to-wit; AYES: Councilmen Menzel, McAllister~ McMains, DeGraaf Noes: None Absent: None ORDINANCE No. 678-Hand~ill Ordinance- First reading It was moved by Councilman McAllister, seconded by Councilman Menzel and carried~ that Ordinance No. 678 be placed on its first reading and that reading of the text be w~ived. The motion carried by the following vote, to-wit: AYES: Councilmen McAllister, McMains, DeGraaf, Menzel Noes: None Absent: None /~PROPOSED HIGHLAND AVENUE SEWER City Engineer Floyd explained that a study revealed that the most feasible way to extend the sewer North on Highland Avenue in order that the Telephone Company could be served, would be to run it down the Westerly side of Highland Avenue in an easement to be obtained from the County. Estimated cost of the project was $7,250°, $1350. of which would be borne by the Telephone Company. The City would be eligible for repayment from the Industrial Subdivision for the amount advanced by the City at this time. It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried, that the City Engineer be authorized to proceed with the project and call for bids. 2 ORDINANCE No. 674- Amending zoning ordinance (larger size lots)- First reading It was moved by Councilman Menzel, seconded by Councilman DeGraaf, and carried, that Ordinance NCo 674 be placed on its first reading, and that reading of the text be waived. The motion carried by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, McMains, DeGraaf Noes: None Absent: None RESOLUTION NCo 2352-Approving tentative map-Montebello Circle Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None P~ESOLUTION No. 2353-Dedicating Mylo Ocean View Estates No. 2 property for Neptune Street Offered by Councilman Menzel, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, McMains, DeGraaf Noes: None Absent: None RESOLUTION No. 2354-Giving notice of intention to participate in Metropolitan Sewer Project Offered by Councilman McAllister, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McAllister, McMains, DeGraaf, Menzel Noes: None Absent: None RESOLUTION No. 2355-Intention to vacate portion of Woodlawn Avenue Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, MeMains Noes: None Absent: None RESOLUTION No. 2356-Intention to vacate portion of Montebello St° Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None RESOLUTION No. 2357-Approval of State Water Plan Offered by Councilman DeGraaf, read in full, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None ORDINANCE No. 672-Regulating Pin-ball Machines -Second reading It was moved ~y Councilman Menzel, seconded by Councilman McAllister and carried, that Ordinance No° 672 be placed on its second reading; that reading of the text be waived and the Ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, McMains, DeGraaf Noes: None Absent: None ORDINANCE No. 675-Amending Zoning Ordinance-Home Occupation-First reading It was moved by Councilman Menzel, seconded by Councilman DeGraaf and carried, that Ordinance No. 675 be placed on its first reading~ and that reading of the text be waived. The motion carried by the following vote, to-wit: -2- I AYES: Councilmen Menzel, McAllister, McMains, DeGraaf Noes: None Absent: None ~iBRARY CONSULTANT APPROVED Upon recommendation of the Library Board of Trustees, it was moved by Councilman Menzel, seconded by Councilman McAllister and carried, that the services of Mr. Edwin Castagna be retained as Library Consultant to study local facilities and that $1000. plus expenses up to $250. be appropriated from the unappropriated surplus of the Library fund for cost of the study. The motion carried by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, McMains, DeGraaf Noe~: None A~ent: None ~SALE OF CITY HOUSE AUTHORIZED Administrative Officer Fulwiler asked permission to advertise the City owned house at 891 First Avenue for sale at a minimum bid of $13,500. It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that the City Administrator be authorized to call for bids on the house at 891 First Avenue for a minimum bid price of $13,500o \~ID ON "L'I STREET SEWER AWARDED City Engineer Floyd reported the three following bids had been received on the "~" Street sewer: ~ E. C~ Young $1865.00 Nelson Equip. Co. 1939.48 W.J.Hutchinson 2515.00 It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that the low bid of E. Co Young be accepted and $1865000 be appropriated from the unappropriated surplus of the sewer income fund saifl amount to be repaid to the fund as properties connect to the sewer. MENTTO HIGGS~_FLETCHER AND MACK AUTHORIZED It was moved by Councilman Menzel, seconded by Councilman McAllister and carried, that $2,500. be appropriated from the unappropriated supplus of the General fund and allocated to the outside legal services account of the City Attorney for payment to Higgs, Fletcher & Mack, Attorneys retained for sale of the Vista Square property. The motion carried by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, McMains, DeGraaf Noe~': None ~isent: None .~NGINEERING SERVICE ON SEWERS - Harvey Ludwig Mr. Harvey Ludwig of the firm of Engineering Science, outlined proposals and explained what services his firm could offer the City as Consultants on the City's sewer needs. It was moved by Councilman Menzel, seconded by Councilman McAllister and carried~ that the City Administrator, City Attorney and City Engineer be directed to negotiate a proposal with Mr. Ludwig for presentation to the Council at their December 15th meeting. ~/~EPLACEMENT FOR COUNCILMAN SMITH Mayor McMains stated the Council would welcome names of citizens eligible for appointment to the Council to fill the unexpired term of Councilman Smith. He suggested that the Council have a get together to discuss possibilities and exchange suggestions. City Attorney Kugler stated that under the Brown Act, the Council could not deliberate or take action on any subject other than personnel, except at an open public meeting. The City Attorney was directed to obtain an opinion from the League of California Cities on the Brown Act. ADJOURNMENT 9:05 It was moved by Councilman McAllister, seconded by Councilman Menzel and carried, that the meeting adjourn sine die.