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HomeMy WebLinkAboutcc min 1959/10/06 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF CHULA VISTA CITY COUNCIL HELD ON Tuesday - October 6, 1959 The Council met in the Council Chambers at City Hall on the above date at 7:00 P.M, with the following Councilmen present: Councilmen Smith, McAllister, DeGraaf, Menzel Absent: Councilmen McMains Also present: City Attorney Kugler, City Administrator Fulwiler, City Engineer Floyd, City Planner Fretz, Administrative Analyst Ross, City Finance Officer Grant In the absence of Mayor McMains, Mayor pro-tem McAllister presided, and called for the pledge of allegiance to the Flag and a moment of silent pr~yer ANVASS OF VOTES- Hilltop Highlands Annexation Election The Council proceeded with the canvass of votes cast at the Hilltop Highlands Annexation election held Tuesday, September 29, 1959, according to the procedure set forth in the Statutes. STATEMENT OF CITY CLERK I, Kenneth Po Campbell, City Clerk of the City of Chula Vista,California DO HEREBY CERTIFY that the City Council of the City of Chula Vista, at an adjourned regular meeting duly held on October 6, 1959, has duly and regularly canvassed the returns of the Hilltop Highlands Annexation Election held in the City of Chula Vista on September 29, 1959, and has declared the results as follows: That the whole number of votes cast by the voters in the area to be annex~dand legally entitled to vote in the election was Forty-three (43). iThat the following measure was voted upon at said election: Shall 'Hilltop Highlands Annexation" be annexed to the City of Chula Vista, and the property in such territory be, after such annexation, subject to taxation equally with the property within the City of Chula Vista, to pay the entire bonded indebtedness of the City of Chula Vista outstanding or authorized at the date of the first publication of the notice of election for the acquisition, construction or completion of municipal improvements? That the total number of votes given in the one precinct for and against the measure was as .follows: Precinct No. 1 For ~2 Against 10 Absentee Ballots For 1 Against 0 TOTAL For 33 Against 10 I CERTIFY that the foregoing statement of result is a full, true, and correct statement of the facts of said canvass and of the results of said election, and that as soon as the result was declared, the aforesaid state- ment was duly entered by me, the City Clerk of the City of Chula Vista, on the records of said City Council. ~enn~h P. Camp~oell~ City C erk-- City of Chula Vista, California ORDINANCE No. 659 - Approving Hilltop Highlands Annexation It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that Ordinance No. 659 be placed on its first reading and adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, Menzel, McAllister Noes: None Absent: Councilman McMains ! SCUSSION ON QUARTER MIDGET AUTO RACES City Administrator Fulwiler gave a resume of past action by the Council on operation of the Quarter Midget Auto races in the Sweetwater Valley and stated the Midgets were still racing, even though the Council had directed that they cease operation as of October 1, 1959. City Attorney Kugler stated that in order to ban the Midget Racer activity, the property owners being annoyed, could ask the Court to enjoin as a private nuisance, or prosecute under City Ordinance No. 20, or the City could ask the Court to enjoin as a public nuisance, adopt an ordinance banning Midget races, or have the Planning Commission start hearings to consider amending the zoning ordinance, so as to eliminate auto racing from the City. Attorney Clinton Jones, representing the Optomist Club, sponsors of the Quarter Midget Auto races, stated his clients would cease operation of the One-half Midget Racers, but would continue racing the Quarter Midgets under the license issued them by the City. He asked permission to be heard before the Planning Commission on the matter. Dr. Martin Hurlbut asked that the Council take immediate steps to stop not only the racing at the speedway, but also any practicing. MAYOR McMains took his seat at the Council table at thls time. William Hummel, president of the Optomist Club stated it was necessary to continue the races in order that members who contributed heavily to building of the track facilities could regain their invest- ment. He admitted that one-half Midget racers were using the track as well as quarter Midgets. After further pros and cons on operation of the quarter Mldget Race track in Sweetwater Valley, it was moved by Councilman Smith and seconded by Councilman McMains, that Ordinance No. 20 pertaining to loud and offensive noise, be enforced if there is any further violation of it as far as the quarter Midget race track is concerned. It was moved by Councilman DeGraaf, seconded by Councilman Smith, and carried, that Councilman Smith's motion be amended to direct the Planning Commission to hold hearings for the purpose of amending the zoning ordinance, as soon as possible, to eliminate Midget Racing from the City. Mayor McMains asked for the vote on Councilman Smith's original motion, as amended, The motion carried unanimously. City Attorney Kugler asked if the Council wished to adopt an emergency ordinance banning the racing of Midget autos. He stated he would like to have two arrows in his bow as long as the City was going to act. It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that the City Attorney at the next meeting, make recommenda- tions as to the best procedure to follow. ~SCUSSION ON PROPOSED ORDINANCE ENCLOSING SWIMMING POOLS Councilman Menzel was of the opinion the proposed swimming pool fence ordinance should be given to a Committee for study and report. After discussion, it was moved by Councilman Menzel, seconded by Council- man McAllister, and carried, that Mayor McMains appoint a Committee to study the proposed ordinance requiring the enclosing of swimming pools and report at the meeting of October 27, 1959. It was suggested that the Committee include a member of the Council, Safety Council, and Planning Commission. ~UBLIC HEARING - Proposed 1911 Act projects- 700 block -Fourth Avenue This being the time and place, as advertised, for a public hearing on proposed 1911 Act improvements on certain properties on Fourth Avenue in the 700 block, Mayor McMains declared the hearing open. No one in the audience wishing to be heard either for or against the improvements, the Mayor declared the hearing closed. Charles Wilderson, 791 Fourth Ave. stated he had two driveways to his forty-eight foot lot and the shoulder was paved for approximately twenty-eight feet to the center of the street in front of his driveways. He asked that he be required to install only twenty feet of shoulder paving. He was told that the City would install the shoulder paving if he would pay for the materials, and it would not then have to be done under the 1911 Act if it is done within sixty days. The Street Dept. was directed to inspect the shoulder paving already installed to see that it is up to standard. 2 RESOLUTION No. 2328- With respect to hearing on 1911 Act projects Offered by Councilman Smith, passed, adopted, and approved by the following vote to-wit: AYES: Councilmen Smith, McMains, DeGraaf, Menzel, McAllister Noes: None Absent: None ORDINANCE No. 65~- Enacting provision of the penal code- 2nd reading It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that Ordinance No. 658 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, McMains, DeGraaf, Nenzel, McAllister Noes: None Absent: None RESOLUTION No. 2329-Giving notice of intention to approve an amendment to Retirement Contract Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel, McAllister, Smith, Mc~ains Noes: None Absent: None ~ARDING OF BID FOR CITY INSURANCE City Finance Officer Grant reported three bids had been received for the City's comprehensive public liability and property damage insurance for the next three years, with the low bid being that of the Farmer's Insurance Group in the amount of $11,477.26 per year. It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that the low bid in the amount of $11,477.26 be accepted and that an additional $3,500. be appropriated from the unappropriated surplus of the General Fund to cover the cost above that budgeted. The motion carried by the following vote, to-wit: AYES: Councilmen Smith, NcMains, DeGraaf, Nenzel, McAllister Noes: None Absent: None {~ONDITIONAL USE PERMIT APPROVED - 498 Fourth Avenue Plannlng Commission Conditional Use Resolution No. C-59-2 was read to the Council reconending the construction and operation of a professional office building at 498 Fourth Avenue. It was moved by Councilman NcAllister, seconded by Councilman Nenzel, and carried, that ~he action of the Planning Commission be sustained. RESOLUTION No. 2330- Accepting easement for sewer purposes (Barnhart) Offered by Councilman Smith, passed, adopted, and approved by the following vote, to-wit: AYES: Councilmen Smith, ~cMains, DeGraaf, Nenzel, ~cAllister Noes: None Absent: None RESOLUTION No. 2331- Accepting easement for sewer purposes (Lively) Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, ~cMains, DeGraaf, ~enzel, ~cAllister Noes: None Absent: None RESOLUTION No. 2332- Accepting easement for sewer purposes (Guertin) Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, ~c~ains, DeGraaf, Menzel, ¥cAllister Noes: None Absent: None 3 ~RT OF FINDINGS OF PLANNING COMMISSION with respect to denial of Zone Change on "H" Street West of Broadway A report of findings by the Planning Commission with respect to denial of a zone change from R-3 to C-2 of property on the North and South sides of "H" Street beginning at a point six hundred feet West of Broadway was read to the Council. An appeal by Jadson, Inc. from the decision of the Planning Commission was read to the Council. Mr. Elmer Sorenson, representing the Jadson Co. Inc. spoke in support of the appeal, and Mr. Kyle Stewart, Chairman of the Planning Commission, speaking as an individual, urged that the Council retain the property It was moved by Councilman McAllister, seconded by Councilman Smith and carried, that November 3, 1959 at 7:00 P.M. be set as the time for a public hearing on the appeal. Councilman McMains and DeGraaf voted "no" PRECISE ZONING OF HALECREST ESTATES SUBDIVISION A letter was read from the Planning Commission recommending that the Halecrest Estates Subdivision be precisely zoned to R-i, R-3 and C-1. It was moved by Councilman DeGraaf, seconded by Councilman Smith, and carried, that November 3, 1959 at 7:00 P.M. be set as the time for a public hearing on the precise zoning of Halecrest Estates. L~CISE ZONING OF OLIVEW~D ACRES ANNEXATION A letter was read from the Planning Commission recommending that the Olivewood Acres Annexation be precisely zoned to C-i, C-2, and M-1. It was moved by Councilman Smith, seconded by Councilman McAllister, and carried, that November 3, 1959 at 7:00 P.M. be set as the time for a pull'lc hearing on the precise zoning of Olivewood Acres Annexation. ~.~U~ILDING LINES ALONG COMMERCIAL STREETS A letter was read from the Planning Commission recommending a five foot building line along streets in areas recently zoned for commercial user It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that November 3, 1959 at 7:00 PoS. be set as the time for a l~blic hearing on the change in building lines. CHANGE OF STREET NAME RECOMMENDED (Jamul) A letter was read from the Planning Commission recommending that Jamul Street in the Judson Estates area be renamed. It was ~aved by Councilman DeGraaf, seconded by Councilman Menzel, and carried, that the City Attorney be directed to draft the necessary ordinance. ~.~NDITIONAL USE PERMIT APPROVED - 430-432 "F" Street A letter was read from the Planning Commission recommending the approval of a conditional use permit for a general business office at 430 and 432 "F" Street. It was moved by Councilman DeGraaf, seconded by Councilman Menzel, and carried, that the application for a conditional use permit at 430-432 "F" Street be approved, subject to conditions outlined in the recommendation from the Planning Commission. ~/~ITIZENS COMMITTEE FOR SEWER STUDY It was moved by Councilman McAllister, seconded by Councilman Smith and carried, that the Mayor be directed to appoint a Committee of five members to study and report on sewage matters. j~REQUEST FOR ADDITIONAL TIDELANDS LEASE BY ROHR City Administrator Fulwiler stated that Rohr Aircraft asked to lease an additional 1.17 acres of Tidelands South of the recently filled nine acres, and at the same terms as the nine acres were leased. Rohr Company would fill the area on a repayment contract with the City. The Harbor Commission wrote in favor of leasing the additional land to Rohr Aircraft Company. 4 It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that the City Administrator be directed to negotiate with Rohr Aircraft Company on the additional Tidelands requested, on the basis of 25 a square foot for the first three years of the lease, and 4Q a square foot for the remaining seven years of the lease, with a maximum of $7000. ~r recovery by Rohr Aircraft Co. for improvements. REQUEST FOR EXTENSION OF SEWER A letter was read from the Pacific Telephone & Telegraph Company requesting that the City extend the sewer line Northerly on Highland Avenue so they could connect their property. They would be willing to pay their prorata share of the costs with the City collecting at the time of connection from those properties not participating at this time. Mr. B.F. Johnson, representing the Telephone Company, submitted maps show- ing location of the present and proposed sewer. It was moved by Council- man Smith, seconded by Councilman DeGraaf, and carried, that the Engineer- ing Department be directed to study the request and report to the Council. LICENSE FEE WAIVED FOR MUSCUI~R DYSTROPHY ASSNo A letter was read from the Muscular Dystrophy Assn. of America, Inc. requesting a waiver of fees for charitable solicitation in the City. It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that the fee be waived, as requested. REQUEST FOR IMPROVEMENTS ON BROADWAY A letter was read from the Broadway Association, asking that they be placed on the Council Agenda at the earliest meeting possible, in order to appear in person and discuss the importance of finishing the develop- ment of Broadway. The meeting of October 27, 1959 was the time set for the..Association to meet with the Council. OLUTION OF APPRECIATION A resolution was read from the City of San Diego expressing appreciation for donation of a case to house the bottles of water sent from all parts of the world for dedication of Mission Bay. ~DINANCE PROHIBITING THE OPERATION OF AUTO RACE TRACKS It was moved by Councilman McAllister and seconded by Councilman Smith, that a~ ordinance prohibiting the operating, sponsoring or participation of races or race tracks which are used by vehicles propelled by internal combustion engines, be introduced and adopted as an emergency ordinance. The motion failed to carry by the following vote, to-wit: AYES: Councilmen McAllister, Smith, McMains Noes: Councilmen DeGraaf, Menzel Absent: None It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that the ordinance be represented at the next Council meeting. ADJOURNMENT - 10:20 P.M. It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that the meeting adjourn sine die.