HomeMy WebLinkAboutcc min 1954/05/11MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA
Held Tuesday May ll, 195~
The City Council met in the Council Chambers at City Hall on the above
date at 7:00 P.M., with the following Councilman present:
Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe
Absent: None
Also presents City Administrator Floyd, City Attorney Campbell, City Finance
Officer Grant, Assistant to the City Engineer Johnson
Invocation was led by Rev. Charles Rowe
APPROVAL OF CObtICIL MINUTES
It was moved by Councilman Riesland, seconded by Councilman DeWolfe, and
carried, that the ~nutes for the meetings of April 13, 14, 20, and 27 be
approved, copies having been m~ led to each Councilman.
APPROVAL OF PLANNING CO}~SSION MINUTES
It was moved by Councilman DeWolfe, seconded by Councilman Riesland,
and carried, that the Minutes for the planning Commission meetings of April
5, and 19, and May 3 be approved, copies having been mailed to each Councilman.
~i911 Act - Discussion
City Attorney Campbell introduced Mr. Hamilton of O'Melveny & M~ers
Firm, who asked the Council if they wished City owned property to be included
or excluded from the 1911 Act assessment district. He explained if City
property were included in the District, the payment would have to be a lump
sum from the general fund, thus allowing the entire City to participate in the
cost. If the property is eliminated from the District the City share would be
assessed to others within the District.
It was moved by Councilmsn DeWolfe, seconded by Councilman Hobel, and
carried, that the matter be carried over until the next meeting, in order that
a rough estimate of the City share might be obtained before action.
Mr. Nam~lton inquired of the Council if they wished to incorporate
within the 1911 Act, Resolution of Intention, the provisions of a 5% redemption
fee which would require a person to pay, in addition to the interest due to
the next maturingcoupon, 5% of the principle still due upon redemption of
the Bond Assessment.
The Council decided to study this matter further and be prepared to
make a decision at the next meeting.
On the matter of paving between the Railroad tracks within the District,
it was advised by Mr. Hamilton that the City not let the 1911 Act contract until
a firm agreement has been obtained from the Railroad regarding the paving to
be done in their right-of-way.
The Council instructed the City Attorney to negotiate with the Railroad,
a contract for surfacing their right-of-~aywithin the proposed 1911 Act Disstrict.
City Attorney Campbell asked if the City plans on assisting in the
over-all project with funds from the General Fund. The Council was of the
opinion there would be no surplus funds available to allocate toward the 1911 Act.
RESOLUTION No. 1554 - Approving ~ud ordering execution of a supplementary
Contract concerning special attorneys (Assessment District
No. 3 - 1954)
Offered by Councilman Riesland, read in full, passed, adopted and approved
by the following vote, to-wit:
AYES: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe
Noes: None
Absent: None
Engineer of Works, Cu~rie, spoke briefly on the work done to date on the
1911 Act and suggested that the widening of Church Avenue End Landis Avenue
between E. Street and F. Street be included in the projecte
RESOLUTION No. 1555 - Requiring Plans, Specifications, and Estimates of
Costs for certain street work.
(Assessment District No. 3 - 1954 )
Offered by Councilman DeWolfe, read in full, passed, adopted and
approved by the following vote, to-wit:
AYES: Councilmen Hobel, Rader, Halferty, Riesland, DeWo]-fe
Noes: None
Absent: None
City Attorney Campbell explained that under the 1911 Act there were
certain duties assigned to the Superintendent of Streets, and due to the
abolishment of that position by the Council, it would be necessary to assign
the duties to another officer. It was decided the City Engineer would perform
the duties in place of the Street Superintendent.
oRDINANCE No. 492 - Appointing the City Engineer of the City of Chula Vista
to perform the duties of the Street Superintendent in
proceedings under the Improvement Act of 1911 (Assessment
District No. 3 - 1954)
It was moved by Councilman Hobel, secoo~ed by Councilman Riesland,
and carried, that the Ordinance be placed on its first reading. The motion
carried by the following vote, to-wit:
AYES: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe
Noes: None
Absent: None
~The Ordinance was thereupon read in full.
COUNTRY CLUB MANOR UNIT No. 4 - Tentative Nap
It was moved by Councilman Riesland, seconded by Councilman Hobel,
and carried, that the tentative map of Country Club Manor Unit No. 4,
heretofore approved by the Planning Commission, be approved, subject to
annexation to the City of Chula Vista, and subject to improvements required
by Section 7 of the Subdivision Ordinance, and according to Council Resolution
No. 1352; 15 ft. setbacks for side yards be approved along the South side of
Naples St. and the North side of Oxford St.; 25 ft. setbacks on Hilltop Drive;
20 ft. setbacks on Vista Way; 10 ft. setbacks for side yards; the deeding in
fee simple to the City of Lots A, B and C at the Easterly boundary of the
Subdivision; improvements to show 5 ft. sidewalks on Naples St., Oxford St.
and Hilltop Dr; the travelway be increased to 20 ft. on Oxford and Naples
Streets and 40 ft. on Hilltop Dr., and that Council Resolution No. ~447 be
adhered to.
STREET I~IC~TING DISCUSSION
~. Henry Farris, President of the National Avenue Businessmens'
Association had the Clerk read and file a letter from the San Diego Gas &
Electric Company setting forth the total number needed, and cost per month
of lights for National Avenue between F. Street and L. Street.
Stanley Mc~ains read a report from the Gas Company recommending the
installation of 61 poles on Third Avenue between E. Street and H. Street with
an estimated cost of $750. per month.
It was suggested that the Street Lighting be studied at the budget sessions.
Councilm~n Rader asked that a survey be made of the cost of lighting E. Street
between Third Avenue and National Avenue, so that it could be included in the
budget and carried out after the E. Street widening project.
~PUBLIC HEARING COntINUATION - South Chula Vista Tidelands
City Attorney Campbell informed the Council that due to protests
received by the Western Salt Works and Food ~achinery and Chemical Corporation
who represent more than fifty percent of the assessed value of the area
proposed to be annexed, the annexation would have to be abandoned.
It was moved by Councilman Riesland, seconded by Councilman Hobel,
and unanimously carried, that the annexation proceedings for South Chula
Vista Tidelands be discontinued for the reasons set forth by the City Attorney.
RESOLUTION No. 1556 - Approving circulation of petition for annexation of
Harborside.
Offered by Councilman P~esland, read in full, passed, adopted and
approved by the following vote, to-wit:
AYES: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe
Noes: None
Absent: None
RESOLUTION No. 1557 - Setting hearing date on zoning of Country Club Park No. 1
Offered by Councilman Hobel, read in full, passed, adopted and
approved by the following vote, to-wit:
AYES: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe
Noes: None
Absent: None
~ASTER STREET PLAN - Discussion
City Planner Wagner stated he had met with the Committee to study
the proposed L. Street opening in view of protests received at the public
hearing on the Naster Street Plan, but that the engineering department
had not had time to prepare a cost estimate of the discussed alternate route
through Rice Canyon.
ttenry Farris, City Planning Commission, stated there would be no
comparison between cost of ~he L. Street opening and the Canyon route, as
L. Street could be opened with very little cost to the City and a minimum of
condemnatione
Councilman Rader was of the opinion the Planning Commission should
take care of the bottle neck at First Avenue and Bonita Road before the
Master Street Plan is adopted.
It was moved by Councilman Hobel, seconded by Councilman Riesland,
and unanimously carried, that the adoption of the Master Street Plan be
delayed until the nex~ adjourned meeting of the City Council.
/~REpoRT ON DOG NUISANCE
City Administrator Floyd ~tated he had investigated the dog nuisance
as reported by Mr. Hammer at the last meeting, and found that all Ordinances
were being complied with by the kennel in question.
City Administrator Floyd wrote Mr. Hammer of this, and told him his
only course would be to file a suit against the owner of the kennel if he
considered it a nuisance.
~RE-ACTiVATION OF BUSINESS LICENSE CO~ITTEE
City Attorney Campbell asked that the business license Committee be
re-activated to work out, with the attorneys, the problems that have come up
under the present Ordinance.
Mayor Halferty appointed Councilmen DeWolfe and Rader, Henry Farris, Walter
Davis. Walter Davis to act as Chairman of the business License Committee.
~CHARTER STUDY - Committee proposed
Councilman Rader recommended that the Council study the feasibility
of having the City Charter changed in order that the Mayor would be elected
by the people. Councilman Rader felt, should the Council so desire, the
issue should be placed on the ballot, as a separate issue, possibly on the
November ballot.
It was felt by the other Councilmen that a Committee should study
the Charter thoroughly, recommending all changes they feel essential, and
if agreeable to the Council, have them all p~aced on the ballot at the
same time.
It was moved by Councilman Hob.l, seconded by Councilman DeWolfe,
and carried, that the Mayor appoint a Committee to study changes needed in
the Charter.
SE~ER EASE~ENT DISCUSSION
A letter was read from Albert Boyer, Attorney-at-Law offering for
dedication, four easements for sewers at the rear of their properties on
National Avenue between K. Street and L. Street.
Assistant to the City Engineer Johnson wnce more requested that
the City not acquire additional sewer easements to maintain, but attemtp to
acquire an alley.
Mayor Halferty authorized the City Attorney to negotiate with
Mr. Boyer to see if an alley could not be obtained instead of the easement.
/~REPORT ON RECO}~E~DATIONS FROM CHAMBER OF CO~MERCE STREET ~OMMITTEE
City Administrator Floyd explained that the holes in all streets
were being repaired as fast as possible; that the Engineers had not had
time to estimate the cost of removing the dip at First Avenue and G. Street,
but it was thought it would be quite costly; also that the Planning Commission,
Engineering office, and Police Dept. expect to make recommendations on truck
routes in the near future.
Walter Davis suggested that the Planning Commission might act as a
Traffic Commission. Mr. Davis stated he had a price of $940. for animated
signs designating parking lots, but felt signs could be designed and built
for much less, and he would make a report on it at a later date.
~/CLARIFICATION OF RUMORS
Walter P. Davis, speaking as a citizen, said he would like clarified ,
certain rumors that have been persisting since the election.
He asked City Administrator Floyd if he or his wife had any relatives
working for the City; if he or Mr. Johnson were personal friends of M~.
Ballard, who was appointed to take the place of Lynn Love, street euperintendent;
if Miss Redden, City Administrator Floyd's secretary, was holding down three
Jobs without having taken a Civil Service examination.
The answer to all questions was an emphatic "no".
Mr. Davis asked Councilman Hobel if it was true that he was om the
Council only to get all he could for Rohr Aircraft Corporation.
Councilman Hobel assured Mr. Davis he felt the City had nothing to
give~ the Rohr Company, and that Rohr Aircraft Corporation had not received
consideration of any kind because of his being on the Council.
Mr. J. E. Rheim, Executive Vice President of Rohr Aircraft Corp.
related the many civic endeavors the Company had participated in; the many
new reAAdente they had brought here, and the added business the Company had
brought to local merchants. In no way did Rohr Aimcraft CorporatAo~ care to
"run the Cit~' but wished to help in all ways to make it a better community
in which to live and work.
Mr. Davis asked City Finance Officer Grant if he had ever, at any time,
issued a check made out personally to Mr. Davis.
Mr. Grant's answer was "no".
Mayor Halferty asked Mr. Davis if he could divulge the name of the
person who asked him these questions. Mr. Davis answered that it was
Councilman Rader.
Councilman Rader explained that he had not asked the question about
~ouncilman Hobel and the Rohr Aircraft Corporation. He felt he could not go
to the other Councilmen for information on the other questionS as he had
heard they were all against him and he might not be able to obtain the
information he desired.
Councilman Rader was assured that the Council was not against him, ao~
they most certainly desired to work harmoniously together as they always had
in the past.
CORRESPONDENCE
A letter was read from the Investment Bankers Assn. of America urging
the Council to consider the matter with great care before entering into the
lease-purchase program contemplated for a new library. No action taken.
A letter was read from the League of California Cities uring the Council
to wire Congressman Utt urging him to contact members of the Ways & Means
Committee, and urge them to act favorably on amendments to the ~Social Security
Act which would permit extension of O.A.S.I to public employees without
Federal restrictions.
It was moved by Councilman De¥iolfe, seconded by Councilm~n Hobel, and
carried, that the City Attorney wire Congressman James B. Utt, as requested,
A letter was read from Chula Vista Junior Womens' Club requesting the
Council's recommendation as to the dispostion of approximately 20 palm trees
left over from their 1952 ~,femorial Lane planting project.
It was moved by Councilman DeWolfe, seconded by Councilman Hobel, and
carried, that City Administrator Floyd be instructed to reply to the letter
inquiring if it is possible to purchase the trees now, with a later delivery
date for planting in the proposed Mall.
A letter was read from L. F. Sessions urinE reconsideration of the
Council's action in abolishing the position of Superintendent of Streets,
and dismissing Lynn Love from the City employ. It was the general thinking of
the Council that Mr. Love should be retained in another capacity.
It was moved by Councilman Hobel, seconded by Councilman DeWolfe, and
carried, that City Admtuistrator Floyd investigate f~rther the possibilities
of retaining the services of r~r. Love, and to explore the possibility of
creating a new position if necessary.
A letter was read from the Chief-of-Police requesting that a new Ordinance
on Fortune Telling be drawn up and adopted.
It wam recon~ended by the Council that the City Attorney write up a new
Ordinance on Fortune Telling.
LEAVE OF ABSENCE GRANTE~ COUNCII~AN HIESLAND
It was moved by Councilman Hobel, seconded by Councilman DeWolfe, and
unanimously carried, that Councilman Riesland be permitted to leave the State
between the 9th and 25th of June, 1954.
Payment of Bills It was moved by Councilman Hobel, seconded by Councilman
DeWolfe, and carried that ~¥arrants Nos. 8077 to 8285 inclusi, ve, be paid. to-wit:
AYES: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe, Noes: None-Absent: None
~CITY ATTORNEY Authorized to purchase Books
It was moved by Councilman Riesland, seconded by Councilman Hobel, and
carried, that the Purchasing Agent be authorized to purchase for the City Attorney
four volumes of the Government Code at approximately $60.
The motion carried by the following vote, to.it:
AYES~ Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe
Noes: None
Absent: None
ADJOURNMENT It was moved by Councilman Hobel, seconded by Councilman
Riesland, and carried, that the meeting adjourn to Nay 18, 1954 at 2:00 P.Mo
Kenneth ~. Campbell, City Cler~
City of Chula Vista