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HomeMy WebLinkAboutcc min 1961/11/07 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 7, 1961 An adjourned regular meeting of the City Council of the City of Chula Vista was held at 7:00 P.M. on the above date, with the following Councilmen present: Councilmen McMains, McAllister, Menzel, Smith, DeGraaf Absent: None Also present: City Engineer Cole, City Attorney Duberg, City Administrator Fulwiler, City Planner Fretz, City Finance Officer Grant, Administrative Analyst Ross Mayor Menzel led the pledge of allegiance to the Flag and asked for a moment of prayer. yRESENTATION OF CERTIFICATE Mayor Menzel presented a certificate of appreciation to Mr. Arthur Lynds for his service as Chairman of the City's Golden Anniversary celebration. THIRD AVENUE PARKING DISTRICT City Administrator Fulwiler reported that the protests to the proposed Third Avenue Parking District now on file in the Clerk's office amount to 36.88% of the area in the entire District, and if the properties of the seven who asked to have their names with- drawn from the petition in favor of the District are added to the protests, the percentage protest by area would be 44.38%. A letter was read from the Downtown Association proposing that the opponents to the District be given a period of thirty days in which to obtain the signatures of owners of land within the District who wish to oppose the District. Thomas Huntington, representing those opposed to the District gave percentages he had compiled which he indicated would represent the opposition if the City was neutral as far as City lots are concerned, and if certain owners whose properties are slated for condemnation were given an opportunity to oppose. Mr. Huntington offered to file legally signed petitions to support his figures. Mr. Stuart Ferer, representing proponents of the District, questioned certain of Mr. Huntington's statements, and urged the Council to receive and act upon the only legal information they have received to date which was the Clerk's certificate of sufficiency the Council Jul 3rd, Mayor Menze~ urged gnat the property owners and merchants work together for the good of the entire downtown area. The Councilmen were in accord that other methods of providing parking should be discussed. It was moved by Councilman DeGraaf, seconded by Councilman McAllister amd carried, that the Law Firm of O'Melveny & Myers be directed to prepare for the next Council meeting the necessary papers ordering a debt limit report on the proposed parking District. The motion carried by the following vote, to-wit: AYES: Councilmen OeGraaf, McAllister, Smith Noes: Councilmen McMains, Menzel Absent: None PUBLIC HEARING (continued) Appeal to Planning Commission decision denying application for rezoning of Farrel property at 381 "D" Street This being the time and place set for the continuation of the public hearing of the appeal of Mrs. Eleanor Farrel to the decision of the Planning Commission denying her application for a zone change from R-1 to R-3 for her property at 381 "D" Street, Mayor Menzel declared the hearing open. Mr. Ed Culnan, representing Mrs. Farrel, reviewed the application and action of the Planning Commission, and spoke in support of the appeal° Speaking in opposition to the rezoning were James Gurran, John Callahan, Philip Coates, Claude Yates, Harry Irion, M.K. Anderson, Albert Passerim Graydon Stout, and Hugh Christianseno No others wishing to be heard, the Mayor declared the hearing closed° The Clerk read a petition of protest to the rezoning signed by thirty-four property owner s · Mro Culnan filed a petition signed by 29 property owners favoring the rezoning. After discussion it was moved by Councilman DeGraaf, seconded by Councilman MeAllister and carried, that the action of the Planning Commission be sustained and the appeal denied. Councilman Smith voted "No". BID AWARDED FOR EMPLOYEE BLANKET POSITION BOND City Finance Officer Grant reported having received seven bids on the employee blanket position bond, the low bid being that of Firemans Fund Insurance Co. in the amount of $1,069.50 for a period of three years. It was moved by Councilman Smith, seconded by Councilman DeGraaf and carried, that the low bid of Firemans Insurance Co. be accepted. RESOLUTION No. 2693 - Approving special appropriation of $44,043.75 for salary increases Offered by Councilman Smith, passed, adopted and approved by the following vote to-wit: AYES: Councilmen Smith,McMains,McAllister,Menzel,OeGraaf Noes: None Absent: None O~DINA/qGE No. 775- Amending Sections of the Code relating to Sales & Use Tax-first reading It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that Ordinance No. 775 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 Smith,McMains,McAllister,Menzel,DeGraaf Noes: None Absent: None DISCUSSION ON PROPOSED FALL-OUT SHELTER ORDINANCE City Administrator Fulwiler reviewed a report he received on ordinances of other cities covering the construction of fall-out shelters. Mr. Dewey Mitchell, 10 Second Avenue spoke in favor of shelters in front yard setbacks, but preferred public shelters to individual shelters. Councilman OeGraaf was of the opinion shelters in the front yards would be a definite safety hazard. Councilman Smith expressed concern over appearances of shelters in front yards. The Council took no action, the consensus of opinion being that each individual request should be handled through a variance of the zoning ordinance. 0~DINANCE No. 774 - Pertaining to keeping of Animals & Fowls - second reading It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that Ordinance No. 774 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,McAllister,Menzel,DeGraaf Noes: None Absent: None · TELEGRAPH CANYON SEWER City Engineer Cole stated that the Telegraph Canyon sewer problem is resolved to the acquisition of the United Enterprise Corp. easement and financing of the sewer. Mr. Cole emphasized that the granting of the easement and an agreement under which the corporation would grant the easement must be handled separately, and that the corporatipn is willing to grant the easement if such an agreement is entered into. The United Enterprise Corp. wants the right to connect to the sewer without annex- ing to the City, if they so desire, under the following conditions: (1) they would pay all fees and costs as outlined in the Metropolitan Sewer Contract (2) They would pay maintenance and operation costs to use City sewer mains in transporting their sewage to the Metro System (~ they would pay pro-rata share of the Telegraph Canyon Sewer system (4) that only a District or Public Agency could connect to the Sewer It was moved by Councilman DeGraaf, seconded by Councilman McMains and carried, that the City enter into an agreement with the United Enterprise Corp. under the conditions outlined by the City Engineer. On the financing of the sewer Mr. Lane stated that the contract price is $166,517. The City share of the cost is $78,261. It was explained that Bollenbacher & Kelton have indicated they would accept payment of the City's share over a four year period at $20,000 a year plus 4 1/2% interest, or $70,000 cash which is available in the City sewer income fund, with three years to pay the balance at no interest. -2- Councilman DeGraaf questioned the advisability of depleting the sewer fund at this time. Mr. Ray Swaner, representing Bollenbacher & Kelton, stated that his firm would be willing to waive interest on the balance of the City share, if paid over a three year period, if the City Would pay $60,000 cash at this time. City Attorney Duberg asked that the Council let the contract for the Telegraph Canyon sewer only on the condition that the $166,517 has been deposited with the Finance Officer by Bollenbacher & Kelton and we have the signed easement from the United Enterprise Corp., or otherwise place the sewer in the existing right-of-way and_direct the City Attorney to investigate necessary litigation to protect the City in the right-of-way. It was moved by Councilman Smith, seconded by Councilman DeGraaf and carried, that the contract on the Telegraph Canyon Sewer be let on the conditions outlined by the City Attorney. RESOLUTION No. 2698-Approving special appropriation of $60,000 for Telegraph Canyon Sewer Offered by Councilman McMains, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McMains,McAllister,Menzel,DeGraaf,Smith Noes: None Absent: None Conditions of the approval of this resolution are that the remaining $18,261 be paid to Bollenbacher & Kelton over a period of three years at no interest. RESOLUTION No. 2694 - Accepting sewer easement (Elchinique) Offered by Councilman OeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf,Smith,McMains,McAllister,Menzel Noes: None Absent: None RESOLUTION No. 2695- Accepting sewer easement (Judson Estate) Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf,Smith,McMains,McAllister,Menzel Noes: None Absent: None RESOLUTION No. 2696 -Accepting sewer easement (Kile Morgan) Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen OeGraaf,Smith,McMains,McAllister,Menzel Noes: None Absent: None RESOLUTION No. 2697- Determining Sewer connection charge for p~rtion of Lot 19 in Quartersection 124 Offered by Councilman McMains, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McMains,McAllister,Menzel,DeGraaf,Smtth Noes: None Absent: None EXTENSION O__FTIME ON PURCHASE AGREEMENT WITH BROADWAY-HALE Upon the recommendation of City Administrator Fulwiler, it was moved by Councilman Smith, seconded by Councilman McAllister and carried, that Broadway-Hale be granted an extension of time to December 31, 1962 to purchase the property upon which they are building their shopping center, from the City, and that the City Attorney be directed to negotiate this change of lease. REQUEST FOR ORDINANCE ON SALE OF ALCOHOLIC BEVERAGES A letter was read from the Park & Recreation Commission recommending that the Council adopt an ordinance which would prohibit the sale of alcoholic beverages within City parks. The request was referred to the City Attorney for study'and recommenda- tions. ~E~UEST FOR POLICY ON BLACK TOPPING OF ALLEYS A letter was read from Charles E. Brown requesting that the City policy extended to property owners for installation of streets and shoulders be extended to include installation of black top in alleys. The request was referred to City Administrator Fulwiler for study. / QUEST FOR L TIONS FOR CHRISMS TTLES City Administrator Fulwiler stated a request from the Volunteers of America asking permission to place Christmas kettles at the Southwest corner of Third Avenue and F. Street, and in front of the Coronet Store as last year was received. City Administrator Fulwiler was given blanket authority to grant permission to the different organizations on the location of Christmas kettles as he sees fit. ~//SPECIAL CENSUS At the request of the Planning Director, it was moved by Councilman Smith and seconded by Councilman DeGraaf and carried, that the City Administrator be authorized to look into the possibility of having another special census. /~RICAH LEGION LEASE Councilman McAllister asked that the Mayor direct City Administrator Fulwiler to study the feasibility of re-negotiating the lease with the American Legion with the goal in mind of establishing a Veterans Memorial Building. REPORT OF CITY ATTORNEY ON ACTION OF ALCOHOLIC BEVERAGE CONTROL BOARD City Attorney Duberg reported that the Alcoholic Beverage Control Board sustained the protest of the City on the application of Beer City Kuddle Room for a beer license on Broadway, and denied their application. ADJOURNMENT Mayor Menzel adjourned the meeting at 10:30 P.M. until November 14, ~961 at 7:00 PoM.