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HomeMy WebLinkAboutcc min 1952/08/01MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held August 1, 1952 The Council met in the Council Chamber at City Hall at 2:00 P.M. on the above date with the following Councilmen presents Riesland, Halferty, Logan, DeWolfe. Absent: Councilmen Hobel. Also present: Chief Administrative Officer Bryant, City Attorney Boyer, and City Planner Wagner. X PUBLIC HEARING - Allen Nursery School Zone Variance This being the time and place for the public hearing on the Marvel Allen zone variance, Mayor Riesland asked Mr. Wagner to read the application for the zone variance as submitted to the Planning Commission by Mrs. Allen. Attorney Roland DeFere, representing Mrs. Allen, objected that the hearing was out of order as no appeals from the Planning Commission's decision had been received in the time limit as set up in the Zoning Ordinance, and that those received prior to the time limit were not properly submitted, giving grounds for the appeal, etc. as set forth in the Ordinance. Mayor Riesland overruled the objections and ordered the hearing to proceed. City Planner Wagner read Mrs. Allen's application; the Planning Commission's Resolution granting the Variance; all correspondence for and against the Variance. Many from the audience spoke in favor of the Variance. There were no oral objections to the Variance, and no one appeared in favor of the appeal. On motion of Councilman Logan, seconded by Councilman Halferty, and carried, it was RESOLVED that the Zone Variance granted by the Planning Commission in this matter is approved; that the APPEAL from the decision of the Planning Commission in this matter is denied; that the City Council adopts, and by this reference incorporates herein RESOLUTION No. 22 and the findings and facts therein contained, as the Resolution and Findings of Facts of the City Council in this matter. The motion was carried by the following vote to -wit: AYES- Councilmen Logan, DeWolfe, Riesland, Halferty NOES: None ABSENTS Councilman Hobel Attorney Edwin Campbell, representing Mrs. 4iccuiti objected that the hearing was out of order as no appeals from the Planning Commission's decision had been received in the time limit as set up in the Zoning Ordinance, and that those received prior to the time limit were not properly submitted, giving grounds for the appeal, etc. as set forth in the Ordinance. Mayor Riesland overruled the objections and ordered the hearing to proceed. City Planner Wagner proceeded to read Mrs. Riceuitils application for the Variance; the Planning Commission's Resolution granting the Variance; all correspondence for and against the Variance. Attorney Edwin Campbell, representing Mrs. Riccuiti gave reasons why the Variance, in his opinion, should be granted and many others in the audience spoke in favor of the Variance. There were no oral objections to the Variance, and no one appeared in favor of the appeal. On motion of Councilman DeWolfe, seconded by Councilman Halferty, and carried, it was RESOLVED that the Zone Variance granted by the Planning Commission in this matter is approved; that the APPEAL from the decision of the Planning Commission in this matter is denied; that the City Council adopt, and by this reference incorporates herein RESOLUTION No. 23 and the findings and facts therein contained, as the Resolution and Findings of Facts of the City Council in this matter. The motion was carried by the following vote to -wit: AYESs Councilmen DeWolfe, Riesland, Halferty, Logan NOES: None ABSENT: Councilman Hobel Y H. STREET PAVING BIDS REJECTED It was moved by Councilman DeWolfe, seconded by Councilman Logan, and carried, that the low bid of Sim J. Harris on the proposed H. Street improvements be rejected, the bid being above the engineer's estimate. ORDINANCE No. 458 Intention to vacate portion of Third Avenue Extension - First Reading It was moved by Councilman Halferty, seconded by Councilman Logan, and carried, that the ordinance be placed on its first reading. It was thereupon read in full. RESOLUTION No. 1347 Approving agreement for Pound Services Offered by Councilman DeWolfe, read in full, passed, adopted and approved by the following vote, to -wits AYES: Councilmen DeWolfe, Riesland, Halferty, Logan NOES s None ABSENT: Councilman Hobel BAPTIST CHURCH TAX EXEUPTION GRANTED Chief Administrative Officer Bryant recommended that the Baptist Church be given tax exemption on their Church property even though they had not signed up for the exemption as required by law. The Church representative had come in to make application for City exemption, but was told by City Officials that the only require- ment was to sign up with the County. They failed to do so. It was moved by Councilman DeWolfe, seconded by Councilman Logan, and carried, that the Baptist Church be granted the exemption on their Church property. DISCUSSION OF POSSIBLE GAMBLING AND PROSTITUTION ORDINANCE. Police Chief Bernard McCollum met with the Council to request a new Ordinance to regulate card rooms and an Ordinance similar to that in San Diego regulating prostitution. As to the card room Ordinance, the City Attorney requested the Council to advise him of their decision as to policy questions involved, so that an Ordinance could be drawn if a charge was indicated. The matter was discussed at length with no action being taken by the Council. RESOLUTION No. 1346 Accepting dedication of interest in real property (Safeway Alley) Offered by Councilman DeWolfe, read in full, passed, adopted and approved by the following vote, to -wit; AYES: Councilmen DeWolfe, Riesland, Halferty, Logan NOES: hone ABSENT: Councilman Hobel ADJOURNMENT It was moved by Councilman Halferty, seconded by Councilman Logan, and carried, that the meeting adjourn until August 7, 1952 at 4:00 P.M. �t2r t5 i1 - J� - k Kenne P. Camp a ty Cler City of Chula Vista, alifornia