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HomeMy WebLinkAboutcc min 1957/05/28 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held ~esday May 28, 1957 The Council met in the Council Chambers on the above date at 7:00 with the following Councilmen present: Councilmen Rader, Smith, Dillon, DeWolfe Absent: Councilman DeGraaf Also present: Purchaser-Analyst Ross, City Attorney Mo Campbellw City Engineer Floyd~ Planning Commission Secretary Stonehouse Secretary Saunders In the absence of Mayor DeGraafw Mayor pro-tem Smith presided at the meet- ing and led the salute to the Flago ~UBLIC HEARING - Continuation- Castle Park Annexation NOo 1 This being the time and place for the continuation of the Castle Park Annexation No° i public hearing~ Mayor pro-rem Smith declared the hearing open. Mr. V. J. Bianchi in opposition to the annexation stated the opponents had submitted over the fifty percent protest by land valuation required by law, and requested that proceedings be stopped. No others wishing to be heard, the Mayor pro-rem declared the hearing closed° In accordance with provisions in the annexation code~ it was moved by Councilman Rader~ seconded by Councilman Dillon, and carried, that a valuation of $5300. be placed on the School District land~ for use in computing total land value of the territory proposed to be annexed. The Clerk reported the total valuation of the land~ including the $5300. was $225~059. Total assessed value of the land by those protesting was $113~500. or 50.43%° It was moved by Councilman DeWolfe~ seconded by Councilman Rader~ and carried~ that proceedings on the Castle Park NOolAnnexation be abandoned. It was moved by Councilman Rader~ seconded by Councilman Dillon that the temporary fire protection offered the Castle Park residents pending anne~xation of the area to the City be withdrawn and the Fire Chief so informed. ~,JPUBLIC HEARING - Horton Annexation This being the time and place, as advertised, for the public hearin~ on the Horton Annexation~ Mayor pro-rem Smith declared the hearing open and called for protests from the audience. There being no protests either oral or written from property owners within the territory proposed to be annexed or otherwise~ the Mayor pro-tem declared the public hearing closed. ORDINANCE No. 566 - Approving Horton Annexation - First reading It was moved by Councilman Rader~ seconded by Councilman Dillon, and carried~ that Ordinance No. 566 be placed on its first reading. The motion carried by the following vote to-wit: AYES: Councilmen Rader~ Smith~ Dillon, I~wolfe Noes: None Absent: Councilman DeGraaf The Ordinance was thereupon read in full. ~' PUBLIC HEARING - Appeal of variance granted by Planning Commission for Apartments at 73 Third Avenue This being the time and place~ as advertlsed~ for the public hearing on an appeal to the zone variance granted by the Planning Commission to H. E. Woodward to build apartments at 73 Third Avenue in an R-1 zoner Mayor pro-rem Smith declared the hearing open~ and called upon those wishing to be heard in protest of the variance. Attorney Keith Atherton~ representing protesting property owners in the area submitted petitions of protest signed by eighty-two property owners and requested that the Council overrule the decision of the Planning Commission. Twenty-six property owners made public protests. Attorney Albert Boyer, representing Mro Woodward, spoke in favor of the variance and urged that the Council grant the variance with the conditions stipulated by the Planning Commission, and any other conditions the Council might wish to add° Mro Boselli, adjoining property owner, spoke in favor of the variance° No others wishing to be heard, the Mayor pro-tem closed the public hearing. It was moved by Councilman Rader that the action of the Planning Commission be modified by allowing not more than twenty rentals on the property instead of the seventy-six units supposedly approved by the Planning Commission. The motion died for lack of a second. Attorney Boyer stated it would not be financially sound for his client to develop the property with less than fifty units. It was moved by Councilman DeWolfe, seconded by Councilman Rader~ and carried, that action of the Planning Commission in granting a zone variance from R-1 to R-3 at 73 Third Avenue be overruled and the application for the variance denied. The motion carried by the following vote, to-wit: AYES: Councilmen DeWolfe, Rader, Smith~ Dillon Noes: None Absent: Councilman DeGraaf ~ELEGRAPH KNOLLS SUBDIVISION It was moved by Councilman Dillon, seconded by Councilman Rader~ and carried, that the final map and improvement plans of Telegraph Knolls Subdivision be accepted upon the execution by the owner of a contract with the City of Chula Vista for the installation of improvements and the post- ing of a bond guaranteeing the performance thereof, which contract and bond shall be first approved by the City Attorney as to form and legality. RESOLUTION No. 1949 - Approving sewer easement -Hobart Properties Inc. Offered by Councilman Rader, read in full, passed~ adopted and approved by the following vote to-wit: AYES: Councilmen Rader, Smith, Dillon~ DeWolfe Noes: None Absent: Councilman DeOraaf RESOLUTION No. 1950 - Approving sewer easement - Hoyt S. Pardee Offered by Councilman Dillon, read in full, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Dillon, DeWolfe~ ~ader~ Smith Noes: None Absent: Councilman DeGraaf ~UBLIC ~F~RING - Appeal of set-back variance denied by Planning Commission at Second Avenue and C° Street° This being the time and place as advertised for a public hearing on an appeal to the set-back variance denied Frank Fowler at Second Avenue and C. Street, Mayor pro-rem Smith declared the hearing open. Mrs° Fowler appea~d and explained she had erred in asking the Planning Commission for a five foot set-back variance, as what she would really like would be a fifteen foot set-back variance. Kyle Stewart, Member of the Planning Commission stated the reason for the Planning Co~uuission' denying the variance was that it would make condemnation necessary if Second Avenue were ever widened. There being no others wishing to be heard, the Mayor declared the hearing closed. It was moved by Councilman Dillon, seconded by Councilman Rader, and carried, that the action of the Planning Commission be modified and the Fowlers be granted a fifteen foot set-back on their property at Second Avenue and C. Street. The motion carried by the following vote, to-wit: AYES: Councilmen Dillon~ DeWolfe~ Rader, Smith Noes: None Absent: Councilman DeGraaf -2- DISCUSSION ON LETTER TO BE SENT TO BROADWAY PROPERTY OWNERS The letter drafted by the Broadway Association to be sent to property owners on Broadway pertaining to contemplated improvements on Broadway was discussed and the decision arrived at that the letter was too lengthy and ambiguous and should be condensed more to the point° The Mayor suggested that Mr. Ross redraft the letter and mail one to each property owner, after having sent a copy to each Councilman for any criticism they might wish to make by phone to Mr. Ross° ORDINANCE No. 567 - Amendment to Plumbing Ordinance (copper tubing) First reading It was moved by Councilman Rader, seconded by Councilman DeWolfe, and carried, that Ordinance No. 567 be placed on its first reading, with only the amended section read. The motion carried by the following vote to-wit: AYES: Councilmen Rader, Smith, Dillon, DeWolfe Noes: None Absent: Councilman I~Graaf The amended portion of the Ordinance was thereupon read. ~-~'NOHR HIRED TO NEGOTIATE WITH ROHR AND SAN DIEGO GAS & ELECTRIC COMPANY ON DRE~ING A letter was read from the Planning Commission requesting that Mr. Wesley Mohr be retained to represent the City in coordinating our plans for Bay development with the San Diego Gas & Electric Company and Rohr Aircraft. Mr. Mohr explained that because of changes in the Navy's Seaplane base plans it would now be necessary for the Gas Company to do their own dredging~ and as Rohr Aircraft was also planning dredging oper~ tions, it behooved the City to take full advantage of these dredging operations by negotiation with these Companies. Due to the time element the Gas Company was of the opinion discussions by large groups represent- ing several bodies would not be feasible. It was moved by Councilman Dillon, seconded by Councilman DeWolfe, and carried, that the Mohr, Adams~ Plourde Company be hired for a period not to exceed 100 hours at $10. per hour for negotiating with the Gas Company and Rohr Aircraft on their dredging operations; the money to be appropriated from unappropriated surplus of the General Fund. The motion carried by the following vote, to-wit: AYES: Councilmen Dillon, DeWolfe, Rader, Smith Noes: None Absent: Councilman DeGraaf ,//~RDINANCE - Amendment to Gas Ordinance It was suggested that Mro Grady send copies of this ordinance to each Councilman for study and the matter be placed on the June llth Agenda. RESOLUTION No. 1951 - Authorizing Quit-claim Deed to Max M. Lichty Offered by Councilman Rader, read in full, passed, adopted, and approved by the following vote, to-wit: AYES: Councilmen Rader, Smith, Dillon, DeWolfe Noes: None Absent: Councilman DeGraaf ~RESIGNATION OF CIVIL DEFENSE DIRECTOR A letter was read from Edgar Culnan, Director of Civil Defense tendering his resignation. The Clerk was directed to put the matter on the agenda for the June llth meeting. IN EUCALYPTUS PARK REQUESTED ~/,.IMPROV~MENTS Letters were read from the Chula Vista Junior High School P.T.A. and District Committee, Camp Fire Girls, requesting additional picnic facilities and general cleaning up be made at Euclyptus Park. The letter-s were referred to the Park & Recreation Commission. MILITARY ORDER OF PURPLE HEART REQUEST EXHIBIT SPACE A letter was read from the Military Order of the Purple Heart asking permission to display an exhibit of firearms and war equipment on a City --3-- street at some future date this year° It was moved by Councilman DeWolfe, seconded by Councilman Dillon, and carried, that permission be granted as requested. ~,.A~HEEMENT WITH COLLEGE "CENTER OPTIMISTS CLUB INCo A letter was read from the Director of Recreation recommending that the Council approve an agreement with the College Center Optimists Club, Inc. for quarter midget racing in the Eucalyptus Park ring. It was moved by Councilman Rader, seconded by Councilman Dillon, and carried, that the Administrative Officer be authorized to enter into the agreement as recoramendedo &/~LANNING COMMISSION DIRECTED TO ACT ON REZONING PORTION OF BROADWAY Mr. John Freeman stated that property owners on the West side of Broadway between I. Street and J. Street were still desirous of having the Eucalyptus trees removed, but were hesitant in installing curbs, gutters, and sidewalks because their properties did not face Broadway and were not zoned for business. It was the opinion of the Council that if the property were rezoned for business the owners could have the deed restrictions removed, and it might then be an incentive for them to install their improvements along Broadway. It was moved by Councilman Rader, seconded by Councilman Dillon, and carried, that the Planning Commission be directed to hold the necessary public hearing toward the rezoning of Broadway on the West side between I. Street and Jo Street involving all the lots included in the Bay Manor Subdivision backing onto Broadway. ADJOURMENT Mayor pro-tem Smith adjourned the meeting at 11:00 P.M., sine die.