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HomeMy WebLinkAboutcc min 1959/09/22 MINUTES OF AN ADJOUN~ED REGUlaR MEETING OF ~E CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held lh~esday September 22~ 1959 The Council met in the Council Chambers at City Hall on the above date at 7:00 PoM. with the following Councilmmn present: Councilmen McAllister~ Smith~ McMains, DeGraaf, Menzel Absent: None Also present: City Attorney Kugler~ City Administrator Fulwiler, City Engineer Floyd~ City Planner Fretz~ Administrative Analyst Ross, City Finance Officer Grant Mayor McMains led the salute to the Flag and asked for a moment of prayer jREqUEST ~) PAINT WHITE CANES ON SIDEWALK A letter was read from the Lions Club requesting permission to paint white canes on the sidewalks on Third Avenue and Broadway to advertise White Cane Day. It was moved by Councilman McAllister, seconded by Councilman Smith, and carried~ that the request be granted. ~LIC rezoning of Vista Square HEARING Proposed This being the time and place~ as advertised~ for a public hearing on the proposed rezoning of Vista Square, Mayor McMains declared the hearing open. No one in the audience wishing to be heard for or against the proposed rezoning~ or otherwise~ the Mayor declared the hearing closed. Councilman DeGraaf asked~ and was told~ that one lot at the Southeast corner of Fifth Avenue and B. Street, not belonging to the City~ was included in the proposed rezoning. Councilman DeGraaf was of the opinion this lot should be left out of the rezoning. ORDINANCE No. 656- Amending Zoning Ordinance to rezone Vista Square- 1st reading It was moved by Councilman McAllister~ seconded by Councilman Smith and cmrried~ that Ordinance No. 656 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 McAllister~Smith~McMains~ Menzel Noes: None Absent: None Councilman DeGraaf abstained from voting ~.~I~UBLIC HEARING- Proposed 1911 Act projects- 400 Block on J. Street This being the time and aplace, as advertised, for a public hearing on proposed 1911 Act improvements on certain properties in the 400 block on J. Street; 289 J. Street; Methodist Church property at Third Avenue and J. Streets~ Mayor McMains declared the hearing open. A letter was read from the Methodist Church stating they planned on having the work done within two months. No one in the audience wish- ing to be heard for or against the proposed proceedings, the Mayor declared the hearing closed. RESOLUTION No. 2320- With respect to hearing on 1911 Act- 400 Block on J. Street Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, towit: AYES: Councilmen DeGraaf, Menzel~ McAllister~ Smith~ McMains Noes: None ~bsent: None J SWIMMING POOL ORDINANCE - Fencing of Pools The Clerk was directed to place this item on the agenda for the next meeting in order that the ordinance could be revised. A section was to be added requiring that mechanical filter units be located 25 feet away from a residence; that fences be six feet high and that the third sentence in subsection (b), Section 2 be deleted. Dr. Aaron McManus was of the opinion approved protective coverings should be considered in the ordinance. RESOLUTION No. 2321 - Approving agreement with O'Melveny & Myers- Parking District No. 1 Offered by Councilman McAllister, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McAllister, Smith~McMains,DeGraaf, Menzel Noes: None Absent: None RESOLUTION No. 2322- Approving agreement with Laurence Thompson-Assessment Engineer- Parking District No. 1 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. 654-Rezoning portion of 700 Block on Broadway-Ynd reading It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that Ordinance No. 654 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,Menzel,McAllister Noes: None Absent: None i,~E~PORARY/~ POWER EQUIPMENT OPERATOR AUTHORIZED the hiring of a temporary power equipment operator for approximately ten weeks to bulldoze debris offered to the City by contractors demolishing the old Court House building in San Diego. The debris is to be dumped on tidelands, and used for rip-rapping. It was moved by Councilman Menzel, seconded by Councilman Smith, and carried, that an amount not to exceed $1100 be appropriated from the unappropriated surplus of the General Fund for hiring of the temporary equipment operator for the period needed. The motion carried by the following vote, to-wit: AYES: Councilmen Menzel,McAllister,Smith,McMains,DeGraaf Noes: None A~sent: None REPORT ON EXTENSION OF SHASTA STREET BETWEEN FIRST AND HILLTOP DRIVE City Administrator Fulwller reported that in order to extend Shasta Street through to Hilltop Drive the appraised value, severance damage and cost of improving the street would amount to approximately $15,000, and he was of the opinion the need for the extension was not great enought to justify an outlay of that amount. An alternative would be to construct a sidewalk through a City owned easement in the amount of $284. It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that the whole matter be dropped. _~PPROPRIATION OF MONEY FOR ESCROW FEES IN PURCHASE OF FIRE STATION PROPERTY City Administrator Fulwiler reported that an additional $62.20 would be needed for escrow fees on the purchase from the School District of additional land needed for Fire Station No. 2. $2200.00 had previously been appropriated by the Council for purchase of the land. It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that $62.20 be appropriated from unappropriated surplus of the General Fund for payment of the escrow fees to Union Title Insurance Co. The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf,Menzel,McAllister,Smith,McMains Noes: None Absent: None ~EQUEST TO DISMISS QUIET TITLE ACTION City Attorney Kugler requested authorization to file a dismissal of the City's Quiet Title action against the City School District. Superior Court No. 227119, with respect to quieting the title on the old Library site. Mr. Kugler explained that the School Board had adopted a resolution giving up any claim that it had that the old Library site had reverted to the School District, and stating that if the old Library site is used for Civic purposes the School District will not claim that said site has reverted to the School District. It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried, that the City Attorney be wuthorized to file a dismissal of the ~uiet Title action against the School District as recommended. RESOLUTION No. 2323-Approval of tentative map-lile Morgan Terrace No. 2 Offered by Councilman DeGraaf, passed, adopted and approved by the following vote to-wit: AYES: Councilmen DeGraaf,Menzel,McAllister,Smith,McMains Noes: None Absent: None ~irPlmEAL__ TO ACTION OF PLANNING (~[[~I$SION IN DENYING REZONING OF ~0~ BLOCK ON WHITNEY STREET A report was read from the Planning Commission on why the Commission denied an application of property owners in the 200 block on Whitney St. to rezone their property from R-1 to R-3. The decision was appealed to the Council. It was moved by Councilman Smith,seconded by Councilman Menzel and carried that the action of the Planning Commission be sustained. PLANNING CONMISSION RECONMENDATIONS ON REZONING OF PORTION OF B. Street WEST OF BROADWAY A letter was read from the Planning Commission recommending that the Council rezone from R-3 to C-2 the North and South sides of "H' Street from Broadway West for approximately 600 feet. October 13th at 7:00 P.M. was set as the time for a public hearing on the proposed rezoning recommended by the Planning Commission. ~PROPRIATION AU~tORIZED ~X) CLOSE ESCROW ON PURCtLASE OF SCHOO~ PROPER~/ ? IN VISTA SQUARE It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that $19,863.36 be appropriated from the reserve for Capital Development of the General Fund for closing of the escrow on the purchase by the City of property owned by the School District in Vista Square. The motion carried by the following vote, to-wit: AYES: Councilmen Smith,McMains,DeOraaf,Menzel,Mclllister Noes: None Absent: None ~//PLANNING COMMISSION RECOMMENDATION ON EXTENSION OF MITSCHER STREET A letter was read from the Planning Commission recommending that the Council approve the extension of Mitscher Street subject to the dedica- tion of their portion of the right-of-way by the Church of the Latter Day Saints, and that the dedication be improved with a thirty foot travel way and a forty foot radius cul-de-sac. It was moved by Councilman Menzel, seconded by Councilman Smith, and carried that the recommendations of the Planning Commission for the extension of Mitscher Street be approved. I~EPORT~/ OF STEERING COMMITTEE ON SALE OF YlITA SQUARE City Administrator Fulwiler read a report from the Steering Committee summarizing the methods by which the Committee thoroughly investigated each proposal submitted for development of Vista Square, and recommending that the Council accept the proposal of The Broadway-Hale Company. Councilman DeGraaf asked that acceptance of the proposal be held over until he could meet with representatives of each firm submitting proposals, in order that he could verify the facts. Mr. Metcalf, in the audience, asked if the original proposal of Broadway-Hale Company proposed to develop the property immediately. City Administrator Fulwiler read excerpts from the Broadway-Hale proposal. It was moved by Councilman Menzel, seconded by Councilman McAllister and carried, that the City enter into an agreement with the Broadway-Hale Company according to conditions outlined in Council Resolution No. 2278. Councilman DeGraaf abstained from voting. RESOLUTION No. 2324- Giving notice of proposed Pylant No. 3 Annexation Offered by Councilman McAllister, read in full, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McAllister,Smith,McMains,DeGraaf,Menzel Noes: None Absent: None RESOLUTION No. 2325.-Giving notice of proposed Rienstra Annexation Offered by Councihan Menzel, read in full, passed~ adopted and approved by the following vote, to-wit: AYES: Councilmen ~enzel,McAllister~Smith,McMains,DeGraaf Noes: None Absent: None City Attorney Kugler stated that under provisions of Chapter 27 of the 1911 Act, the City may have the County collect assessments at the time~are collected, but it has been learned that the County of San Dieg° has not made a practice of collecting assessments for contract- ing cities. Mr. Kugler asked if the Council would like him or the City Administrator to inquire of the Board of Supervisors whether or not they will be willing to place our 1911 Act assessments o~ the tax roll. City Attorney Kugler informed the Council there were other ways of collect- ing the assessment - namely by imposing a lien against the property. The Administrative Officer was directed to contact the County Administrative Officer to learn what their policy has been. PERSONNEL MEETING Mayor McMains set Thursday night, September 24th at 6:30 as the time for the Council to meet in executive session to discuss personnel matters. DEYELOPMENT OF OLD LIBRARY SITE It was moved by Councilman McAllister~ seconded by Councilman Smith and carried~ that City Administrator Fulwiler and the Recreation Director Jasinek be directed to formulate plans for development of an adult recreation center on the old Library site, and present the plans to the Council at the earliest possible date. ADJOURNMENT - 9:10 P.M. It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that the meeting adjourn until September 29, 1959 at 7:00 P.M.