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Home My WebLink Aboutcc min 1949/02/15~J~FJTES OF Ydf JJIT0b.-RhVED F~GULAR ~ETii~G of the CITT COUIJCiL OF ~ CITY 0F CI-_NJI~'~ VISTA, C~kLIFOR1UIA Held Tuesday - February 15, 1949 The Council met in the Council Chmmbers of the City Hall on the above date at 7:00 o'clock P. ~f. with the following members present: CounciLmen: Riesland, !.jashold, Dyson, Kidder° Absent: Coun cf L~.~m Koester. i~ayor Koester being absent, it was moved by Counci~uan l£idder, seconded by Council- may ~-son, and carried that Councilman Riesl~nd be appointed i~yor pro ten?ore to serve during the present absence of CotmciL~an Koester. BILT.q PAID ~fter exs~vdnation by the entire Cou.'~cil ~ud approval of the finance co.~muittee, ~';arrante 700 throu[~h 704 were voted to be paid by the follov~ng vote to-wit: Ah~3: CounciLmen Riesl~d, ifashold, Dyson, Kidder. iT0~S: None. ~L~S~i T: Councilman Koe stet. ~Tter discussion~ it was l~oved by Counciluan Kidder, seconded by CounciZ~mn ~son, ~d carried, that contract 2or supplying gasoline from l[erch l, 1949 to February 28, 1950, be given to the Richfield 0il Co~oration, their bid being T~k Truck price less one cent (l~) per ~allon. City A~dnistrator B~ant was authorized to execute the contract with Richfield 0il Co~oration. ~0LD~I01~ lOOZ'~ ~C-R~ FOR Ii' ~ A OF AC~ING I~0. ~!~0~ ~i~ C6i}!T%0K Offered by CounciLm~ ~Tashold, read in ~11, passed, a~.opted ~d approved by the follow- ing vo2e t~wit: ~. Counci~en z~ashold, ~son, Kidder, Riesland. IONS. i[one. ~$~ ~. CounciD:~ Koester. ~0~0~ .. 1~0. 1004 - ~C~!i~G D~-C~:I3~, F0/l S17~ ~ o~ ~:~R .'zr°~'~ (Lee & Leschorn) Offered by Co~.ci~ Dyson, read in ~ll, passed, adopted ~d approved by the ~ollo ~ng vote t o-~'~it: A~S: CounciD~en ~son, Kidder, Eiesl~md, ~ashold. I~0ES: i~one. ~ ~'~. Co~lci~ ~aD Koe ster. ~ _ ~ ~. _ :~o ~u~o ~ (Hobart Hollies, Inc) P~SOLL~iOI7 U0. 1005 ..C~_IO D~ZCA~IOi~ ~R STP_~ET ~D S~,~ ..... .~0~S Offered by Council~n Kidder, read in ~11, passed, adopted and approved by the followi~g vote to-wit: ~qo. Com~ciLmen Ki~der, Riesland, I7ast~old, N0~S: None · ~: CounciLm~ :~oester. L~. B~ant ~ad a letter of appreciation from Delavsm J. Dickson, City ~l~inistrator of National ~t~, for the use of o~ City Fire Depart~ent during the recent ]~Tational City fire · ~i~SES OF AB~ZfD01..~ING ~Lr. ~o~a.t~ ~ reao' a letter from the City ~ineer listing the exoenses_ incurred in abandon- inF the J_ri~ory° i~r. I. C. Curry, Contractor for the f.E-~or] had requested an ite_~Xzed list of expenses° CounciP,~ !iesland asked if there were ~y suggestions that the Council members would like to n~ke ~th regards to the 0rdin~uce before it w~s turned over for ~blic discus- sion. Counci~ Kidder had a few suggestions ',¢nich he stated he would hol8 over until ~fter the public discussion. I~s. O. ~. Olson stored that there ~'~s a z~dm~uderst~nding that the ~lanning Cozm~ission had ~l the s~y. She s~id that the Council m~y :~te ~y ch~njes they wish without the Pl~,in~ Co~ission having to approve such changes. At this point City A~intstr~tor ~ysnt re~d ~ letter from ~. Willi~; Eckh~t, ~esi- dent of the Ch~oer of Co~,~erce, reco~.~ending that the 0rdin~uce be p~sed ~nd cpprov- lng the 0rdin~uce as a whole. He ~lso read a letter fror~ the C~'isti~n ~cience Church with regards to their being allowed to retain their re~ing rooE on Third Avenue~ City Attorney Boyer stated that they would be ~llowed to remain ~t their present location. L letter ~o~ Pi~tro Sc~mrcie, Derby lotel, S~n Tsidro, ~,'ms re~ requesting ch~ge of zonin~ et &th ~ud ~E" gtreet Were he now oyes property. CounciL~ Riesl~ud ststed t~t the Plying Co~iss~on had done ~ fine ~ob on this zoning. He stated th~'t ~o~;zebody was going to be h~t by it, ~s is the case in every or~in~_uce or lm'z. ~e s~id theft in order to control the loc~tions of our n~uf~ct~'ing districts, it is necessary to have a nester plm~. i~'~ Rieslaud said that he hope~ that anyone ia the audience that felt they were beinfl hurt would be as easy as possible in condemning the 0rdinmnce. ]~. Riceland recuested that each ~mber of the :-udience who wished to spe~ brin~ out their point so that eve~~ body could be liven a chance to talk. ~s. Kay ~urns, representing Yr. Sca~:~arcia, again brought u ~ the subject of that party locate~ at 4th and "E" Streets being resorted. ]~r. 'iceland stste~ that it was possible to have a zonin~ff ~ap that -/~oul~ take into consideration each and eve~~ lot. ~. Pdeslrmd questioned [T. Davis if the P!a~ming Cor~:ission would give a zone variance in such a case. ~r. Davis stated that in all probability they would gr~t one. ]~. P~bert C. Cole, ovmer of property located at Church mud "2" Street, requested that his property be changed from a Commercial Zone to a ~!tiple Fmmii~ zone. Attorney Boyer told ]~. Cole that his property is still zoned the same ~s it was. ]'r. Cole questioned the new set-back in corparrison with what it nas when he built his ~resent apartment buildings. ]~. Rieslan5 stated that what is now effective would be effective. In most cases you follo~ the established rule as far as set-backs crc concerned. Cole stated that he would like to have it a m~tter of ~cord that he ~uld have t~e s~.~e i~riviieges as i~e now has and h~s had for the past several ye~s. ~lso that he would li]e to rese~e the zoning in his Nfs. ]~rnest Cmmpbetl, 619 ~rd Avenue, stated that un6er the new 0rdin~mce her property was ~ultiple ~.,,eiling use. SNe r~aunted to knon if this ~ould allow ~er to convert her house into ap~rt:mnts. ~.ttorney Boyer state6 that it would. 7h~s. Cro:?bell said that their propert~ xes quite large and if at some later date they wished to build a duplex on a portion of their [property, would it be legal in view of the fact that it would only be 45' wide? i~r. Riest~md said that in "R~' zone tkat would be possible. ~. '[illie~m K. Drew objected to the pl~ because he feels that it cheapens O~ula Yista~ ~[e said that he felt hational Avenue should be "C2". Nr. ~ew objected to the fact that on ~ Avenue where the property is valuable, it is required to have a ~0' set back. ~. Dre;~ also objects to the fact in "Y~" Zones you c~ have Insan~ Asyi'~ ~d County Jails. lie foesn't think this is oro[~er, i.M. Drew objected to 4/5 vote to over-rule the ~ta~ing Cor~ssion. Ne feels that the City Cou~.cil is attempting to protect t~emsei~s ~.~aen a aemuit is issued in error. ~ro Drm'~ is referring to Sect. 18B ~Com'olismce". ~[e feels ~hat the ~oints that he has brought out ~e very bad and the v.tole thing should be looked over. Attorney Boyer sai~ that he didn't feel that ~, C2 and C1 are cheapenin~ to the City. '[e stated that ~Tation~ Avenue ~ould be extitled to every . mcat it has in this Ordinm~ce. ]~r. Boyer stated, that in re-zoning, ~rd Avenue is actually more restricted than~reviously, ~ere,or,~ could not be 'cheapenin2~". L'ith regards~ to 4/5 vote. Boyer stated that San Diego ~d most Cities have the s~e. l~s. O. ~. 01son stated that the ~ore valuable the property Is, the le s the set-back from the alley should be. Lloy~ Lee reouested if zone variances woul5 be greeted in the case of vacant lots? He felt that those ~,-P,o did observe the alley set-back rules wouldn't particulari~ ?alp _.a~.e-~ ,~ the alley miser for alreaSy there were too r~v_ ~ buildings built at various set- backs. ':'o feels that we ~ould not be benefiting the City at all. l~. ~fillimm N. Drew objected to the inconsist~cy of sat-backs. iM. Robert C. Cole stated that an alley wasn't supposed to be used for traffic ~nd lC should be adequate for delivery tz~cks to the v~ious businesses. ~. Lloyd Lee felt that unless all buildings c~ be forced to the set-buck, so~ few persons will be affected. l[rs. G. P. Olson stated that the alley set-back did not affect her property as she has a side yard, but she sees no reason ~gny one prooerty o~,~mer should be penalized and not others. ~r. Riesland stated it ':nas in!possible to get out e ~mster zone without hurting ~y pro- perty ovmer. He said what has ha~pened in the past, ~e can't undo, but ~e shou~defi- nitely try to improve such things in the future. ~'r. ~lobert C. Cole stated that if the alleys were large it ~ould be a place for children to play and be a ~ry hazardous condition. ~.~. ~iesland questioned if w. riances ~uld be ~iven in the cnse of set-backs? He said thot if a big store cm~e into the City they would require a big ~ou~:h alley so that they could unload their merch~dise. I'r. William ~'. Dr~ brought up another point which he objected to. ~ne fact that if he should v~t to build an ap~nt in the business district, later to be converted into a business building - it could not be built to the side property line. ['r. Boyer stated the side-yard set back would be necessa~' because a residertial const~ction needs z~ore li[~ht and air than a busi~.ess buildih~. 1~ ~ashold stated that in case t~o buildings were built for ap~tments, later to be converted into business buil~ngs, ~d ~,~ere allowed to be ~uilt to the side property line, there vmuld be no light or air on either side. ira. Dre~ then stated that Uou vould either have to build a store butlSing or nothing in the "gl' zone. [[r. Yack l~cClure questioned whether or not bo~'ders a~ allotted in the "P~" zone. [ Boyer stated a boarding house would not be allo~'~ed. )k'. [~cOlure mzid that i~ t~i;~g to sell his crop-arty, the ~uestion arose v'hether or not you could [~eei: boarders ~d it was bronx:bt up that it ~o'~ld be a :]ZOO fine if a school teacher :~as sllo~'~e~ to rent e f.tto~ey -oT~er i~ter[ rated the Crd~n~ce ~s ~tean~n2 as many as 5 ~eople living as a house-]cee?.n[ unit could be allowed in an 'D~" zone. 'T. Riesland ashed ]ir. Davis, Okairrmn of the ':ta;~ning Co:uission to st~te his fee!iags about the ne~'r zonin[~ 0rdin~mce. iT. Ed. Davis - I third~ it would be advisable to give some ide~~ ~ to what the Pla~ming Conr_ission has used in ak. riving at this 0rd~nance. lfe have ~jiven this 0ndi:aa:zme one ~'ull year, ta]<ing into ~nsideration eve~zone's su~jgestions. Cu~- one aim bas been to appreciate rather t)un depreciate the property. 7-m~y of the susge~tions are f~-fetched. Ue have tried to ~)rotect the pzm?_erty o~a~ers in Chula Vista and we ~ve ~ad only about five ?eopte object, i ~;ish to thar~: the ?lemming Co~m:ission and Ci.a~ber of Commerce. a:reat ~mn~ citizens have studied it and approval. This 0rdin~ce is not ~erfect, none are. )~o lay: of muy kind is absolutel~ equitable. I wish this body to approve this Ordi- nance :s is. En section !g you ha~ the right to come before the 'Pla~ming Commission at ~y t~:~e and tal:e uD any handica:' that doesn't give you your property rights, q'he ?lan- nin[~ Co~-,ission will be happy to give it ~ consideration. Without a zoning Ordin~;ce for 25 more uesrs, it ~mulf be too late. If ~y one could corse in ~6 put up a chicken ranch next door, t~mt ~muld be no good. ~is is for the interest of every vroperty o~mer and every individual, bearing in mind that if you feel there is anythin~ that should be chanced, you ~ay come to the Co~:ission for vari~ce. its. G. P. 01s~n interrupted to say that no one else has been atlov~ed to see the Ordin- ance. ~nat many people knew nothing about what the 0rdin~ce was. She asked how much vsri~,~mes will cost? Sl~e said that t~e State ~w says the Z~tanning Co:,~dssion may ac- ce0t ~'ifts for zone variances. She doesn't see w!:[~ taxes should be raised for the penses of the ~lanniug Co~m. ission. She said that they jet their e:?enses paid and ~ilea[Te paid. She feels that ta:~es are quite hi[~h enough. The Cotmty of S~ Dielco bas given the ?lanning Coz~.isslon )28,000 in one year accordin¥ to the budget. ]~. Zd. Davis - I sincerely trust [~s. 01son is not directing toward this Pi~ming Com- mission. [~. B~t will attest that the State l,aw does ~1~ the ?ls~n:in,~ Commission some ex~,enses. ~a~ the P!~ning Co~aission has never dream ~my exyenses. ~MrtLe~ore, the'Sta~e Lef.'~ allows the Pluming Commission to dra:'~ (10.00 a month, which it !ms not drmm. ['r. Boyer has spent a ~reat deal of t~e. ~is Ordinance has been tsJcen f~ 0rdin~mces that are in affect throughout the State~ in s?ite of shy ofinions. Section 18 and 17 f:ives you any redress. It is for the interest of propez'ty ovmers. [[e:~ers of the Plarming 0o~misslon a~e pronerty o~'mers also. fe have !~,000 people ~d v;e have 5 that have gr!oes~ [ir. Herbert T~mphins - As a s~ll property ovmer, I appreciate the work the Cor~ission has done. It's th~less work they ha~ done. If ~e are going to wait for a zone 0rdin~ce that is [~oing to please every property ovmer ~e'll never have ~0rdin- ~ce in ~ula Vista. You nmv have a basis. There vdll be various improvm~nts that be t~en up by the Plm~ing 0omission ~d City Oouncil. If it is deemed unfair it be ch~[~ed. [ir. Tompkins states ~at for h~, a ~al estate agent, it is a definite help. .~. Riesland said that ~ze had always had a Planning Co~muissiono Zt is a State Law. ?~nether or not we have a zoning 0rdinauce, the Z~l~ing Co~ission c~n accept ~ifts. ~so, the State ~w says we sh~l have a master I~s. O. P. 01son said that the State L~~ says that a Planing Co~ssion must be ad- opted, that the City Co.ail nay adopt it. ~otking compulsa~ to adopting the pl~. i~. ~eith Atherton stated that the State La~ says the City "~ust" have a ~ster pl~. ~s. O. P. 01son feels that the ~hole thing has been held under cover. That the Core- .dss!on skould ~'et in touch with the citizens; that it is ~eric~. It is not demo- cratic or fair in accordance ~'~th the Constitution. ~e doesn't feel that the whole plan should be thro~m out, but feels ~mt citizens should be given a ch~ce to look at it. She stated that she had been insulted at tke Planing Co:~m~ission meetings ~d h~d not been gi~n a fair ch~ce to speak, i~s. 01son feels that all gifts to the Plant. ins go~ission should be ~e, t a record of. ~. R~y Coyle - In ~ position, E have set through all the sessions. ~ don't thimk I know as much about the Ordinance as 7~. Dre~m~, but I feel that it has homestly been put together. I do believe that Chula ~fista needs this 0rdinmuce even ~Tith some of the bad parts in it. I have, for the last two years felt that we do need ~ Ordin~ce in our books ~Tith a few teeth in it that can be iifforced. I bclie~ that this one ~ those features "~ ~.~ it, even thougk there are t~o or ti~ee places I ~muld like to draw a pencil t~ouMk. [M. Ed. Davis - I could also draw a pencil through a few lines. This 0rdirmnce is ~:~erely a spring board. I ar: re~:entD I o~ s. Clson's state:merits. ~is Plannings Cof~ission has actuated the ~esire to do good. ~fe have never received any remuneration of ~my kind, indi~ual or as a bedim. I believe t~at b. coyle can back us up, then ~rs. ~.t she aid not hove tke tlme to be ~ ~' ' ~ 01son says ~ ~', ~ nextra, ~',~en I sa[ she talkeU o0'~ of both ~blic i~earings. _ she is .o~e~z~.l, she ma~y s~e ~.~ tra~sc:~!~t of evenly re~rk. ~. ~iesl~d - If the City Council doesn't acce~ft this, it ~fill be referred to the Pl~niz~: Co:muission ~m,d ~!_l t~4:e e:proxi~:ately six r~ok'e ;o~:ths. L~e have heard t~e st~te~'ents and so~ue o~ the tn-ngs ~e w~ll taken, n~ Council ~d ~z~zm~nS Commission will he f,'la~ tor~uke ~y cn~m~es' ff that will be for the best of the citizens. iM. !]chert Cole rec~ested that ~. Boyer rea~ tle escape clause, r. ~oyer stated that there were t~o in the 0rdlnsmce. lie stated that the ~ ~: "~ ~e .... t~on of the ~lar~!ng Co~ission, the 0rdin~ce can be a.~naec, if the zoning is causing a~a-t-cu--ar ~.~ardshi~, a variance ..~my ce grmnte~. ['k'. Cole said that he felt that this was e step in the right direction, but he would like for ['r. ~oyer to ~ad those sections, which 7'r. Coyer did. ,~r. [[erber t ...... ' ~- =o~4oLlns stated that it is easier to -et a zone varia~ce now th~ under the ~=~ ~= notices ~d only people old 0rdin~ce. Jnder this existing Ordinance, they ~il out ~ ~ t~at t s sound ~ill ap~vear at meetings. ¥~ho actually have an objection ~ - ~. Riesland- Zf all nei~kbors object to a cart in vs~i~ce, it shouldn't be ~ranted~ ~ ~ ~ that tkese ch~es that wer~ ~ade and were not read at the ]~s. 01son - It a~e~r~ hearing should be relegated back to the Co~m~ssion an8 we ~o~.la ~ave ~re hearings. has not had a has. ins since suggested ch~mges. ]~. Boyer - ~e ~w '2rovides for t~o public hearings. ~e have very carefully follo~ed the t~w. So far as hearings were co~cerned, it is within the law. ~. ?~ieslsn~ read section "1" of '~e ?la~min~ a~d Csnscrvation L~ r of CounciL~n Dyson requested 'fermission to leave the ~t~te for thirty days beginning Febrdary 20, 19~. It ;'~as moved by CounciMuan i;as~ ~a, seconded ~:y Cou:~cil-~z~m i[idder carried that permission be ~'ranted. Upon ~otion by Counei~r~an ~asaol , seconded by Counci]~an Dyson e~d carried, the ~eet- ing was a~journed sine die° Herbert V. Bryan' m 6~ ~6 6~ 6~1 6~ 6~ 6~ 6~ 6~ 6~ 6~ ~7 6~ 6~ 6~ 6~ 6~? 6~ 6~ BTyant, Herbert V. BurnS, Bob Calirorn~ Fire ~roteetion ~uipmnt Co. California ~ater & ?ebpboM Co. Cal~£orn~- Natmr & Tolophono ParaS~ Let aeeta~ - c~ty off. cl~ & Adj. soud ~o~eeter-aee. aol?.7~ lO.~l 15.00 lO,O0 ~ V~.eta Ltqum' ~ - ~ :l.~uer taeenae ~ - paid ~ Viota 3t, a~ - Of'fLee wwp%~ttem fee 19J~9 lioemee~ - lw~lXm, OffJme m~.te~ fee* a~l Deptl, ~X.7~ aealth Servl~e .pr eeate~et ~.00 · oemter, Lore~-t 6, l~ for Jane Lauten, 3..'. Fire ~oee Ce~plete Matthed ~rOSo Z~.~I 72 o70 2" ~mlv.P~ee - Pa,~du~ Meters 2~027 Deposit - ~,atebeLLe Hei~ht~ LW~.00 LaS,AXe ~eater l~.&~ $24,67& 092 eta ~ebe~ar/ 9 $2&,67&o92 6'7~ 6'7~ 6'76 6?? 6?8 6?9 6~e aa~elA~e fer Jaa~ar~, 19~9 ~Xoine~rre~ - private m~ Servi~e L~hte, a~e, Pmmr. Safet~ a~ee~ Sea D:l.ea~, T~eh We~l, A~ ~+.~eet eq~ re~a~r~ &.~ 21.97 gd~ .90 Plus eta 9