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HomeMy WebLinkAboutcc min 1961/08/15 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday Ausust 15~1961 The Council met in the Council Chamber at the City Hall on the above date at 7:00 P.M. with the following Councilmen present: Councilmen McMains, McAllister, Smith, Menzel Absent: Councilman DeGraaf Also present: City Attorney Duberg, Administrative Analyst Ross, Planning Director Fretz, Building Inspector Grady, Principal Engineer Harshman Mayor Smith led the pledge of allegiance to the Flag, and asked for a moment of prayer. STATEMENT: The City Clerk hereby states that he did post within 24 hours of adjournment, as provided by law, the order of adjournment of the City Council for the adjourned regular meeting of August 15, 1961 ~'/PUBLIC HEARING - ~1911 Act, Phase No.1 This being the time and place, as advertised, for a public hearing on the installation of certain improvements under provisions of the 1911 Block Act to certain properties on "D" Street, Fourth Avenue, Broadway and Madison Avenue, Mayor Smith declared the hearing open. No one in the audience wishing to be heard either for or against the proposed 1911 Act improvements, the Mayor declared the hearing closed. There were no written protests received by the Clerk. RESOLUTION NO. 2652 - With respect to hearing required under Chapter 27, 1911 Act. Offered by Councilman McMains, passed, adopted and approved by the following vote,to-wit: AYES: Councilmen McMains, McAllister, Smith, Menzel NOES: None ABSENT: Councilman DeGraaf .~UBLIC HEARING - Appeal to decision of Planning Co~m]ission in denying Thriftimart a sign variance for East side of Third Avenue, South of "K" Street This being the time and place, as advertised, for a public hearing on the appeal of Jacobson Neon Signs, for Thriftimart, to the decision of the Planning Commission in denying them a variance to erect a temporary commercial sign on the Southeast corner of Third Avenue and "K" Street, Mayor Smith declared the hearing open. No one inthe audience wishing to be heard either for or against the variance the Mayor declared the hearing closed. It was moved by Councilman McAllister, seconded by Councilman McMains, and carried, that the action of the Planning Commission be sustained and the appeal denied. The motion carried by the following vote, to-wit: AYES: Councilmen McAllister, 8mith, McMains NOES: Councilman Menzel ABSENT: Councilman DeGraaf ~/~ PLANNING COMMISSION REPORT OF FINDINGS ON AN APPEAL TO THEIR DECISION GRANTING A SET-BACK VARIANCE FOR PAXTON'S PROPERTY AT 590-594 "D" STREET The Planning Commission report of findings were read on the appeal of Zoltan Komlos to the Commission's decision in granting a set-back variance for the property at 590-594 "D" Street. Attorney Milton Milkes, representing Komlos, filed with the Clerk a Covenant running with the land~ outlining restrictions which were agreed to by the Paxtons and the Komlos'. Attorney Milkes stated that with the filing of this Covenant there was no further opposition to the set-back variance or rezoning and he therefore withdrew the appeal. ORDINANCE NO. 768 - Rezoning Paxton property at 590, 592, 594 "D" Street - first reading. It was moved by Councilman McMains, seconded by Councilman Menzel, and carried, that Ordinance No. 768 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 McMains, McAllister, Smith, Menzel NOES: None ABSENT: Councilman De,reef PLANNING COMMISSION REPORT OF FINDS on an appeal to their decision denying a zone change at 381 "D" Sro (Farrel property) The Planning Comm~ission report of findings were read on the appeal of Mrs° Eleanor Farrel to the decision of the Planning Commission in denying her a zone change from R-1 to R-3 for property at 381 "D" St. September 5th at 7:00 PM. was the time set for a public hearing on the appeal° SUPPLEMENTAL AGREEMENT TO METROPOLITAN SEWER PROPOSAL APPROVED Administrative Analyst Ross stated that it was the desire of San Diego that the Council take action at this meeting on the proposed supplemental agreement to the Metropolitan Sewer District Proposal, said proposal having been submitted to the Council for study. Mayor Smith questioned the validity of the letter by Mro Blom, attached to Council Resolution NOo 2560, recognizing assurances given the City by San Diego with respect to sewage area to be served by Chula Vista. Assistant City Manager of San Diego Blom stated that the letter had been approved by the San Diego City Council, and was also on file in the Clerk's office in San Diego, so should be binding. Both Mro Blom and San Diego City Attorney Firestone urged immediate action by the Council to help assure realization of the project. Mr. Ray Halpenny, member of the Harbor Co~mission, presented facts and figures to the Council, urging that caution be used before approving the supple- mental agreement° Mr° Sam Venor, Harbor Commissioner, stated that the agreement should be approved only if a per unit home cost can be guaranteed° Councilmen McAllister, McMains and Menzel were all in favor of approving the supplemental agreement. Mayor Smith was of the opinion that the 26 million gallon capacity was too much for Chula Vista to sign up for, and was therefore opposed to signing the agreement. RESOLUTION No. 2652-A ~pproving Supplement to Sewage Disposal Agreement of 1960 Offered by Councilman McMains, passed, adopted and approved by the follow- ing vote, to-wit: AYES: Councilmen McMains, McAllister, Menzel Noes: Councilman Smith Absent: Councilman DeGraaf RESOLUTION No. 2653- Approving tentative map of Palomar Plaza Subdivision Offered by Councilman Mc24ains, Passed, adopted and approved by the follow- ing vote, to-wit: AYES: Councilmen McMains, McAllister, Smith, Menzel Noes: Bone Absent: Councilman DeGraaf RESOLUTION No. 2654- Approving tentative map of Otay Garden Subdivision No° 1 Offered by Councilman McMains, subject to completion of annexation proceed- ings, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McMatns, McAllister, Smith, Menzel Noes: None Absent: Councilman DeGraaf RESOLUTION No. 2655- Approving mutual aid agreement with Montgomery Local Fire District Offered by Councilman Menzel, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel, McMains, McAllister, Smith Noes: None Absent: Councilman DeGraaf Councilman Menzel suggested that Administrative Analyst Ross request that the Montgomery Local Fire District take steps to join the San Diego County Disaster Mutual Aid Master Plan. ~APPRAISER FOR "E" STREET EXTENSION APPROVED It was moved by Councilman McAllister, seconded by Councilman McMains, and carried, that Mr. John Webb be retained to appraise property proposed to be condemned for the extension of "E" Street and that $1500.00 be appropriated from the gas tax fund to pay the fee. It was decided that Mr. Webb would not be retained at this time to appraise the lots proposed to be purchased for parking lots. ~'~APPOINTMENT OF MEMBERS TO PLANNING COMMISSION Councilman McAllister nominated Edward Adams for reappointment to the Planning Commission. Councilman McMains nominated Co~ander Walter Byron for appointment to the Planning Commission. There being no other nominations, the Mayor declared the nominations closed and the Clerk directed to cast an unanimous ballot for the reappointment of Edward Adams and the appointment of Walter Byron to succeed John Harmstead. Both terms are for a period of four years and expire June 30,1965. L,~.APPOINTMENT OF MEMBER TO LIBRARY BOARD Councilman Menzel nominated Mr. M. Gilbert Dudderar for appointment to the Library Board to succeed Mr. Armond Ault. There being no other Nominations the Mmyor declared the nominations closed and the Clerk directed to cast an unanimous ballot for Mr. Dudderar to serve for a four year term, said term to expire June 30, 1965. APPOINTMENT OF MEMBER TO SISTER CITY COMMISSION Councilman Menzel nominated Victor Wulff for appointment to the Sister City Commission to succeed Joe Antrim. There being no other nominations it was moved by Councilman McMains, seconded by Councilman Menzel and carried, that the nominations be closed and the Clerk directed to cast an unanimous ballot for Mr. Wulff for a term of four years, said term to expire June 30, 1965. RESOLUTION NO. 2656 - Intention to Create Assessment District No. 1 Offered by Councilman MoMains, passed, adopted and approved by the follow'lng vote, to-wit: AYES: Councilman McMains, McAllister, Smith, Menzel NOES: None ABSENT: Councilman DeGraaf RESOLUTION NO. 2657 - Intention to Create Assessment District No. 2 Offered by Councilman McMains, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McMains, McAllister, Smith, Menzel NOES: None ABSENT: Councilman DeGraaf RESOLUTION NO. 2658 - Supporting Feasibility Survey for Bay Crossing Offered by Councilman McMains, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McMains, McAllister, Smith, Menzel NOES: None ABSENT: Councilman DeGraaf REPOART ON CARLIN CONSTRUCTION COMPANY DRAINAGE REQUEST Administrative Analyst Ross submitted a report on the request of the Carlin Construction Company that the City study, and share in the cost of improving a drainage ditch that bisects their property bounded by Montgomery Freeway, "L" Street and Industrial Boulevard. It was Mr. Ross' recommendation that the Carlin Company should improve the drainage ditch at their own expense° The Council directed Mr. Rossto so inform the Carlin Company. -3- ~,-CHAMBER REPORT ON ADDITIONAL LIQUOR LICENSES A letter was read from the Chamber of Commerce statinE that the Broadway Association, and the Downtown Association, both oppose issuance of additional on sale liquor licenses in the City. The City Attorney was directed to study what legal steps can be taken by the City fo oppose the issuance of additional licenses in the City by the Board of Alcoholic Beverage Control. RESOLUTION NOo 2659 - Approving Agreement with United Enterprises on Telegraph Canyon Sewer. Offered by Councilman Menzel, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel, McMains, McAllister, Smith NOES: None ABSENT: Councilman DeGraaf REQUEST FOR BETTER BUILDING INSPECTION Mr. Dave Jones asked that strict inspection be made in the future on all new homes built within the City. ~' REQUEST FOR PARKING SPACE Councilman McAllister reported he had received a request f~om Dr. Kelly, at 423 Third Avenue, that a parking space be set aside in front of his office for emergencies. Administrative Analyst Ross was directed to look into the request. ~/CITYATTORNEY ASKS IF COUNCIL DESIRES HIM TO GO TO LOS ANGELES ON BAY CORRIDOR CASE. City Attorney Duber§ stated that the City Attorney of Imperial Beach has been directed to go to Los Angeles to meet with the Attorney representing those protesting the Bay Corridor Annexation, and Mr. Duberg asked if it was the desire of the Council that he accompany Attorney O'Loughlin. It was moved by Councilman McAllister, seconded by Councilman Smith, that Attorney Duberg be directed to go to Los Angeles on the Bay Corridor case. The motion failed to carry by the following vote, to-wit: AYES: Councilmen McAllister, Smith NOES: Councilmen Menzel, McMains ABSENT: Councilman DeGraaf ADJOURNMENT Mayor Smith adjourned the meeting at 9:45 P.M. until August 22nd at 7:00 P~.~M, City Clerk -4-