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HomeMy WebLinkAboutcc min 1959/11/03 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday November 3, 1959 The Council met in the Council Chambers at City Hall on the above date at 7:00 PM. with the following Councilmen present: Councilmen Smith, McAllister, DeGraaf, Menzel Absent: Councilman McMains Also present: City Attorney Kugler, City Administrator Fulwiler, City Engineer Floyd, City Planner Fretz, Administrative Analyst Ross In the absence of Mayor Mc-Mains, Mayor pro-rem McAllister presided Pro~tem Mayor McAllister led the salute to the Flag and asked for a moment of prayer. ANVASS OF ELECTION RETURNS - SPECIAL MUNICIPAL ELECTION This being the time and place fixed for the canvass of the returns of the special election held on October 27, 1959, the returns of said election (and the absentee votes cast at said election that have been received) were duly and regularly canvassed as provided by law. It was moved by Councilman Menzel, seconded by Councilman DeGraaf, that the following resolution declaring the result of said canvass be adopted, and that it, together with the City Clerk's Statement, be set forth in full on the Minutes: Ayes: Councilmen Menzel, Smith, McAllister, DeGraaf Absent: Councilman McMains RESOLUTION No. 2337 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF ELECTION HELD IN SAID CITY ON OGTOBER 27, 1959 The City Council of the City of Chula Vista, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. That a special bond election was duly called and regularly held in said City on the 27th day of October, 1959, at which election there was submitted to the qualified voters of said City the following proposition, to-wit: BOND PROPOSITION: Shall the City of Chula Vista incur a bonded indebtedness in the prinicipal sum of $1,250,000 for the purpose of the acquisition and construction by said City of a certain municipal improvement, to wit: a harbor works and facilities, including in connection therewith dredging, filling and diking, the construction of streets, water facilities, sewage facilities, small boat launching facilities, and including for the foregoing appurtenances and works appurtenant thereto, provision for vehicle parking, and the acquisition of all land, easements, pipe, pumps, machinery, apparatus, equipment and other property necessary therefor? Section 2. That the returns of said election have been duly and regularly canvassed by this City Council as provided by law, and all absentee ballots received have been counted and canvassed as provided by law. Section 3. That the votes cast in the precincts established for said election upon said proposition and for and against said proposition, the absentee votes cast upon said proposition and for and against said proposition, and the total votes cast at said election for and against said proposition and upon said proposition are as follows: PRECINCT YES NO TOTAL 1 80 26 106 2 119 21 140 3 126 17 143 4 135 28 163 5 117 33 150 6 158 10 168 7 104 19 123 8 140 34 174 9 87 14 101 10 90 10 100 11 98 13 111 12 110 36 146 13 109 45 154 14 93 32 125 15 149 21 170 16 125 33 158 17 101 36 137 18 77 10 87 19 115 14 129 20 123 17 140 21 121 32 153 22 170 23 193 23 126 24 150 24 185 29 214 25 124 26 150 26 169 28 197 27 66 7 73 28 187 37 224 29 136 23 159 30 151 32 183 31 78 11 89 32 73 11 84 7 3 10 =~849 7~5 4604 the votes of more than two-thirds of all the voters voting at cast in favor of the adoption of said bond proposition, and said bond declared to be carried, and this City Council is authorized to issue stated therein as provided by law. the City Clerk of this City is hereby directed to enter this the minutes of this City Council. AND APPROVED this 3rd day of November, 1959. (S) Robert R. McAllister Pro rem Mayor of the City of Chula Vista, California Campbell City of California ) ) ss CAMPBELL, City Clerk of the City of Chula Vista, Ca{ifornia, DO HEREBY foregoing resolution was duly adopted by the City Council of said City the Mayor Pro rem of said City at an adjourned regular meeting of held on the 3rd day of November, 1959 and that it was so adopted as AYES: Councilmen Menzel, McAllister, Smith, DeGraaf Noes; None Absent: Councilman McMains (S) Kenneth P. Campbell City Clerk of the City of Chula Vista, California STATEMENT OF CITY CLERK I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above and foregoing resolution is a full, true and correct statement of the fact~ of canvass of the special bond election held in said city on the 27th day of October, 1959 and of the results thereof as declared by said City Council, and said resolution as entered in full on the Minutes of said City Council is hereby adopted by me as my state- ment of the canvass of the returns of said election and the results thereof. Dated: November 3, 1959 (S) Kenneth P. Campbell City Clerk of the City of Chula Vista, California ~,~UBLIC HEARING - Highland Avenue Annexation This being the time and place, as advertised for a public hearing on the propoaed Highland Avenue Annexation, Mayor pro rem McAllister declared the hearing open. Attorney Edward Strop, representing property owners opposed to the proposed annexation submitted a petition of protest and stated that sections 35304.5, 35305 and 35009 of the Government Code had not been followed in the annexation proceedinga. He urged that the Councll terminate further proceedings. No others ~ to be heard either for or against the proposed annexation, and there were no written protests received. City Attorney Kugler stated that the hearing should not be closed if the Council intended to receive any more information before making its decision. It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that the hearing be closed. The motion carried by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, Menzel, McAllister Noes: None Absent: Councilman MoMains Action on the proposed annexation was held over for two weeks. /'~BLIc HEARING - Pylant No. 3 Annexation This being the time and place, as advertised, for a public hearing on the proposed Pylant No. 3 Annexation, Mayor pro-rem McAllister declared the hearing open. No one wishing to be heard either for or against the annexation and no written protests having been received, the Mayor pro rem declared the hearing closed. ORDINANCE No. 663- Approving Pylant No. 3 Annexation It was moved by Councilman Smith, seconded by Councilman Menmel, and carried, that Ordinance No. 663 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 Smith, DeGraaf, Menzel, McAllister Noes: None Absent: Councilman McMains .PUBLIC HEARING - Rienstra Annexation This being the time and place, as advertised, for a public hearing on the proposed Rienstra Annexation, Mayor pro rem McAllister declared the hearing open. No one wishing to be heard either for or against the annexation, and no written protests having been received, the Mayor pro rem declared the hearing closed. ORDINANCE No. 664-Approving Rienstra Annexation It was moved by Councilman DeGraaf, seconded by Councilman Smith, and carried, that Ordinance No. 664 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 DeGraaf, Menzel, McAllister, Smith Noes: None A~ent: Councilman McMains \j/~6BLIC HEARING - Appeal to decision of Planning Commission in denying rezoning West of Broadway on "H" Street This being the time and place, as advertised, for a public hearing on an appeal by Jadson, Inc. to the decision of the Planning Commission in denying their application for the rezoning from R-3 to C-2 of the North and South sides of H. Street, beginning at a 'point 600 feet West of Broadway, Mayor pro-rem McAllister declared the hearing open. Mr. Elmer Sorensen, representing property owners on the North side of H. Street spoke in favor of the proposed rezoning. Neal Laub, President of the Broadway Association urged that the Council rezone both sides of H. Street to the Freeway. Mrs. Wayne Pressler, 522 Je{ferson Avenue spoke in opposition to the rezoning. No others wishing to be heard the Mayor pot rem declared the hearing closed. Councilman Smith was in favor of overriding the decision of the Planning Commission. Councilman DeGraaf was in favor of rezoning the North side of H. Street only. It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that action be held over for one week. ~UBLIC HEARING - Precise zoning of Halecrest Estates This being the time and placer as advertised, for a public hearing on the proposed precise zoning of Halecrest Estates, Mayor pro rem McAllister declared the hearing open. No one wishing to be heard either for or against the proposed zoning, the Mayor pro tem declared the hearing closed. City Planner Fretz asked that zoning of Halecrest Estates be done by two ordinances. One for that area which is to be residential, and one for the commercial area, the ordinance on the commercial zoning to be placed on its second reading only after the passage of the final map on the subdivision of Halecrest Estates containing the proposed commercial area. ~BLIC REARING - Precise zoning of Olivewood Acres Annexation - This being the time and place, as advertised, for a public hearing on the proposed precise zoning of Olivewood Acres Annexation, Mayor pro rem McAllister declared the hear- ing open. Mr. GreEt Anderson requested that Lots 1 to 15 of Sweetwater Valley Industrial Park Subdivision be zoned R-3. No one else wishing to be heard either for or against the proposed zoning, the Mayor pro rem declared the hearing closed. It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that the zoning map of Olivewood Acres be approved, with the revision that Lots 1 through 15 as shown on the tentative map of Sweetwater Valley Industrial Park Subdivision be zoned R-3. streets ~,/'PUBLI REARING Establishing building line set-backs along certain commercial This being the time and place, as advertised, for a public hearing on the establish- ment of five foot set-backs on streets in areas recently zoned for co~,ercial use, Mayor pro rem McAllister declared the hearing open. No one wishing to be heard either for or against the proposed five foot set-backs, the Mayor declared the hearing closed. ORDINANCE No. 665- Amending zoning ordinance to zone residential area in Halecrest Estates, the Olivewood Acres Annexation and establishing five foot set-backs in certain co~ercial streets - First reading It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that Ordinance No. 665 be placed on its first ~eading, and that reading of the text be waived° The motion carried by the following vote to-wit: AYES: Councilmen Smith, DeGraaf, Menzel, McAllister Noes: None Aosent: Councilman McMains ORDINANCE No. 666- Amending zoning ordinance to zone co~ercial area of Halecrest Estates- First reading It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that Ordinance No. 666 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 Smith, DeGraaf, Menzel, McAllister Noes: None Absent: Councilman McMains RESOLUTION No. 2338 - Approving tentative map- Russell Haas Industrial Park Subdivision Offered by Councilman DeGraaf, passed~ adopted and approved with the addition that Main Street and First Avenue within the Subdivision be made 100 foot width streets. REPORT ON ORDINANCE REQUIRING FENCING OF sWIMMING POOLS Councilman Menzel reported that the Co~m~ittee report on the proposed ordinance requiring fencing of swimming pools had been forwarded to the City Attorney for study. ORDINANCE No. 662 - Amending State Retirement Contract ~-- Second reading It was moved by Councilman Smith~ seconded by Councilman Menzel, and carried, that Ordinance No. 662 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 Smith, DeGraaf, Menzel, MeAllister Noes: None Absent: Councilman McMains ORDINANCE No. 667 - Repealing Trailer Park Ordinance No. 472 - First reading It was moved by Councilman DeGraaf, seconded by Councilman Smith, and carried, that Ordinance No. 667 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 DeGraaf, Menzel, McAllister, Smith Noes: None Absent: Councilman McMains RESOLUTION No. 2339 - Giving notice of proposed Cunningham Annexation Offered by Councilman DeGraaf, passed, adopted and approved by the following vote to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, Smith Noes: None Absent: Councilman McMains RESOLUTION No. 2340- Giving notice of proposed Broadway Annexation No. 1 Offered by Councilman DeGraaf, passed, adopted and approved by the following vote to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, Smith Noes: None Absent: Councilman McMains RESOLUTION No. 2341 - Accepting Deed from School District for Vista Square property Offered by Councilman Smith, passed, adopted and approved by the following vote to-wit: AYES: Councilmen Smith, DeGraaf, Menzel, M~Allister Noes: None Absent: Councilman McMains b/~LANNING C0~94~SSION REC(~4ENDATION ON TEF. RY TRAILER PARK CONDITIONAL USE PERMIT A letter was read from the Planning Co~nission recommending that the application of Lowell Terry for a conditional use permit to allow construction of a Trailer Park in the 600 block of "F" Street be approved. RESOLUTION No. 2342 - Approval of Planning Commission action in granting conditional use permit to Lowell Terry for extension of Trailer Park Offered by Councilman DeGraaf, passed, adopted and approved by the following vote to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, Smith Noes: None ~bsent: Councilman McMains LANNING C(~MISSION RECO~4ENDATION ON DEFINITION ON "Home Occupation" A letter was read from the Planning Commission recommending that the zoning ordinance be amended to define "home occupation" and to permit home occupations in the residential zones. It was moved by Councilman DeGraaf, seconded by Councilman Smith, and carried, that November 24th at 7:00 P.M. be set as the time for a public hearing on the proposed amendment to the zoning ordinance. · RECOMMENDATION ON LIBRARY CONSULTANT A letter was read from the Library Board recommending the hiring of Mr. Edwin Castagna as Library Consultant to study our local facilities. It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that the matter be held over until a later date. RESOLUTION No. 2343 - Approving agreement with Broadway-Hale Company on acquisition of Vista Square Offered by Councilman Menzel, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, Smith, DeGraaf Noes: None Absent: Councilman McMains ~,~PORT ON MEETING WITH CALIFORNIA-WATER & TELEPHONE CO. City Administrator Fulwiler reported that the City Attorney and City Engineer and ;himself had met with representatives of the Water Company and had arrived at a working understanding on proceedings to be followed on any work to be done by the Water Company on City streets. $~VIEW ESTATES No. ~ - Approval of final map It was moved by Councilman Menzel, seconded by Councilman Smith, and carried~ that the final map and improvement plans of Seaview Estates No. 5 be accepted upon the execu- tion by the owner of a contract with the City of Chula Vista for the installation of improvements and the posting of a~ guaranteeing the performance thereof, which contract and bond shall be first approved by the City Attorney as to form and legality. RESOLUTION Nco 2344 - Approving improvement agreement-Seaview Estates No. 5 Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, Menzel, MoAllister Noes: None Absent: Councilman McMains ORDINANCE No. 668 - Changing name of portion of Jamul Street - First reading It was moved by Councilman Smith~ seconded by Councilman DeGraaf, and carried, that. Ordinance No. 668 be placed on its ~ reading and that reading of the text be waived. The motion carried by the following vote, to-wit: AYES: Councilmen ~mith~ DeGraaf, Menzel, McAllister Noes: None Absent: Councilman McMains ,~ETTER_OF APPRECIATION A letter was read from the Planning Co~ission expressing appreciation to the Council for making it possible for members of the Coe~tssion to attend the League of California Cities conference. ,PLANNING CO~MISSION FINDINGS ON APPLICATION FOR CONDITIONAL USE PERMIT A letter was read from the Planning Commission giving its findings on an application for a conditional use permit to operate an art gallery and antique shop at 471 "E" Street. The application was denied by the Planning Co~m%ission. .~ETTING WAGE SCALE It was moved by Council~u~n Smith, seconded by Councilman Menzell M~ and carried, that the prevailing minimum wage scale be established for gas tax project Unit 3 (traffic signals at "L" St. and Third Ave.) as recommended by the City gngineer. D~INAGE PIPE ON PRIVATE LAND City Administrator Fulwiler asked Council approval to allow City forces to lay two lengths of drainage pipe on private land at 174 "E" St., the owner of the property to buy the pipe. City Attorney Kugler stated that the Council must make a determination that such work on private property is primarily for the public benefit. The City Administrator assured the Council that the drainage pipe was necessary for public benefit. It was moved by Councilman DeGraaf, seconded by Councilman Menze~ and carried, that permission be granted as requested. ADJOUP~NT 9:55 P.M. It was moved by Councilman McAllister, seconded by Councilman DeGraaf, and carried that the meeting adjourn sine die. City Clef[