Loading...
HomeMy WebLinkAboutcc min 1954/07/13 ,.,,,-',~-,,,,~:,,,- ~ ~-"v, '~r"~-,,<'ikj.;;,,,.,,;.:~,,,,;;':i;'-~~*,,,::;t' ;~¡)Ii>ìtl ;.;,-' i-~"';:" . MINUTES OF A RroULAR MEETING OF THE CITY COUNCIL OF mE CITY OF CHULA VISTA, California Held Tuesday July 13, 1954 The City Council met in the Council Chambers at date at 7:00 P.M. with the following Councilmen present: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe Absent: None Also present: City Hall on the above City Administrator Floyd, City Attorney M. Campbell, Assistant to the City Engineer Johnson. Invocation "as led by Reverend Francis E. Cook. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hobel, seconded by Councilman Riesland, and carried, that the Minutes for the meetings of June 9th and 29th be approved, copies having been mailed to each Councilman. APPROVAL OF PLANNING COMMISSION MINUTES It was moved by Councilman Rader, seconded by Councilman Hobel, and carried, that the Planning Commission ~!inutes for meetings of June 7th, 21st, and July 6th be approved, copies having been mailed to each Councilman. V/PUBLIC HEARING _-Annexation of Country Club Manor This being the time and place, as advertised, for a public hearing on the annexation of Country Club !!anor, Mayor Hal1'erty declared the public hearing open, and called for protests 1'rom the audience. There being no protests, either oral or ~Titten 1'rom property owners within the territory proposed to be annexed, or otherwise, it was moved by Councilman Hobel, seconded by Councilman Riesland, and unanimo11s1y carried, that the public hearing be closed. ORDINANCE No. 496 - Approving annexation of Country Club Hanor It was moved by Councilman Riesland, seconded by Councilman Hobel, and unanimously carried, that Ordinance No. 496 be placed on its first reading. The Ordinance was thereupon read in full. PAYHENT OF BIUS After examination by the entire Council, it was moved by Councilman Riesland, seconded by Councilman Hobel, and carried, that the Warrants Nos. 8407 to 8542 inclusive be approved for payment by the following vote, to-wit: AY"'...5: Councilmen Hobel, Rader, IIalferty, Riesland, DeWolfe Noes: None Absent: lIone RE-AFFIRMING ACTION OF ¡.ŒETINGS OF June 9th and 29th It was moved by Councilman Riesland, seconded by Councilman Hobel, and carried, that the actions of the Council at their meetings of June 9th and 29th be re-affirmed. p/PUBLIC HEARING - 1911 Act Assessment District No. 3 - 1954 Mayor Halferty announced that the hour of 7:00 o'clock P.M. having arrived this is the time and place fixed by Resolution No. 1565 to determine whether public convenience and necessity require the work or improvement described in said Resolution and whether the provisions 01' the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall apply thereto. It is also the time and place fixed by said Resolution No. 1565 when and where any and all persons having any protest or objection to said proposed work, to the extent of said assessment district, or to the proposed grades may appear before the City Council and show cause why said proposed work should not be carried out in accordance with said Resolution. ¡~>'-'~'-"_._',..c:,,' ..."'..,.,.....ù~/'^""""·_·"""'-l The Clerk presented the following documents to the Council: (a) Af1'idavit of publication of Resolution No. 1565 (b) Affidavit of mailing notice of hearing (.) Affidavit of posting of "Notice of Improvement" It was moved by Councilman Riesland, seconded by Councilman DeWolfe, and unanimously carried, that said affidavits be approved and placed on file. A large crowd of persons desiring to hear and be heard had assembled. The Council Chamber was inadequate to accommodate such persons. The Mayor stated that arrangements had been made for holding a portion of the hearing in the Auditorium of the F. street School in the City of Chula Vista. Said Auditorium is within five minutes walking distance of the City Hall. Motion was made by Councilman P~esland, seconded by Councilman Hobel, and unanimously carried that the following order be adopted: WHEREAS, at the hearing at 7:00 o'clock P.M. on July 13, 1954, to determine whether public convenience and necessity require the work or improvement described in Resolution No. 1565 and whether the provisions of the Special Asseesment investigation, Limitation and Majority Protest Act of 1931 shall apply thereto, it being also the time fixed by said Resolution No. 1565 when and where any and all persons having any prJtests or objections to said proposed work, to the extent of the assessment district, or to the proposed grades, may appear before this City Council and show cause why said proposed work should not be carried out in accordance with said Resolution; and VffiEREAS, a large group of persons desiring to hear and be heard has appeared at the City Hall and the space and facilities of the Council Chambers in said City Hall are insufficient to accommodate said persons, and an emergency is declared to exist requiring the continuance of the hearing outside the Council Chambers; and V~, Chula Vista Union Grammar School Auditorium, F. Street and Fourth Avenue, Chula Vista, ealifornia is convenient and of sufficient size to accommodate persons desiring to hear and be heard; NOW, THEREFORE, the Council of the City of Chula Vista DOI!S HEREBY ORDER that said hearings be adjourned and continued in Chula Vista Union Grammar School Auditorium at 7:45 o'clock P.M. of this date, July 13, 1954, and that following the portion of said hearing held in said Auditorium the hearing will be resumed, taken up and continued in the CQuncil Chambers of this City Council in the City Hall of the City of Chula Vista; and that all persons who have filed written appeals or protests and all persons othenvise interested in the proceedings are hereby invited to attend either the portion of the hearing held in said Auditorium or the fu:bther hearing to be hald in the Council Chambers of this City Hall as above ordered, or both, as said persons may desi::-e; that any persons desiring to be heard in the matter will be heard in either or both of these places; and That the City Clerk be and he hereby is instructed to read this order immediately to any persons who may be assembled in the City Hall in or near the Council Chambers; said City Clerk is further instructed to post a copy of this order on the door 01' the Council Chambers, and to place. an employee of the City on duty in the Council Chambers at all times during which the hearing is being held in said Auditorium and said employee shall be directed to instruct any ánd all persons who come to the Council Chambers for said hearing that said hearing is heing held in said Auditorium and said Clerk shall likewise read this order at the opening of the hearing to be held in said Auditorium. The Clerk read said Order in accordance with its terms and other provisions of the order were carried out. The Council met in the Auditorium of the F. Street Grammar School at Fourth Avenue and F. Street in the City of Chula Vista at the hour of 7:45 P.M. July 13, 1954, with the following members present: Councilmen Hobel, Rader, Halferty, Riesland, DeWolfe Absent: None Mayor Halferty introduced Franklin Hamilton, Special Counsel from O'Melveny & Myers who explained generally the legal procedure concerning the hearings under the 1911 Act. Mr. Hamilton explained that two hearings were being held and conducted concurrently by the City Council. One hearing was on the Resolution of Intention under the Improvement Act of 1911, and the other hearing was on the avoidance 01' the provisions of the Debt Limit Act of 1931, under constitutional provisions relating to charter cities. Property owners were advised of their right to protest and be heard under either or both of said hearings. -2_ .. . '.¡>,..,,~;f;'~~·"'1 Mr. Hamilton introduced F. S. Currie, Engineer of Work who answered Questions directed to him concerning work involved. Mr. Currie stated that as Bngineer of Work he had prepared the plans, specifications and map of the assessment district. He explained that the work consisted generally of grading, paving and the construction of curbs, gutters, sidewalks, driveways, sewers and house connections, storm drains and culverts in the portion of the city north of G. street and that the assessment district included most of the city north of G. Street. He further stated that in his opinion the property within the boundaries of the assessment district would be benefited by the work proposed. Mr. L. J. Thompson, Assessment Engincer, hired by the Council for the project, was introduced and explained brief¡Y the assessment procedure. Mr. Thompson stated that he hijd been employed to prepare an assessment, under the direction and supervision of the Superintendent of Streets, after the completion of the construction. He explained that by reason of proceedings by the Council to dispense with the Debt Limit Act of 1931 the estimated amoints of all individual assessments were not presently available. He also stated that until a contract was awarded and the work completed the exact amount of assessments could not be known. Mr. Thompson then gave a few typical individual assessments, based on estimated costs, and stated that he would be happy to discuss the individual assessments with the various property owners. Mr. Hamilton then explained the procedure to be followed in considering protests. The Clerk presented all written protests which had been filed with him. All protests were read in full and Were received from the following property owners: ('-.' ;'''"..''., (see list in Minute Book) After the reading of the written protests, Mayor Halferty stated that at this time all persons having filed written protests, or their representatives, could be heard in support of such protests. The following persons protested orally: Commander W. H. Farrel, 381 D. st. read his protest stating there had never been drainage damage on D. Street; the poor streets were a result of poor management and inefficient performances; that the assessments were too high, in many cases exceeding the assessed value of the property. Herbert L. Berger, 380 D. street objected to sidewalks being layed 14 feet inside of curb line, making driveways too steep and garages inaccessible. Gonzales Dupree, 306 D. street stated his sewer lateral would have to be lowered if the proposed cut in the bank in front of his house was made. Chris DeBoyer, 249 Garrett Ave. protested to the paving of his alley. C. S. Timmons, 266 Landis Avenue protested widening of Landis Avenue and paving of the alley. George Colmer, 242 Del Mar Avenue protested the cost to the property owners. Ralph Swanson, 174 Corte Maria, representing all residents on Corte Maria from E. Street north, protested the repaving of their street, as it was still in good condition. Earl Cowherd, 170 Garrett Avenue objected to paying again for improvements which he paid for once. MYron D&lseth, 114 Guava Avenue remarked when submitting map for Subdivision on F. Street, the Planning Commission requested that sidewalks, curbs and gutters be put in on two lots adjoining and on which no improvements were indicated on map. He asked permission to go ahead with work even though in the proposed assessment district. Attorney Hamilton informed the Council they could not take action on Mr. Dalseth's question at this time without taking charge of work proceedings under the 1911 Act. T.J .H. McKnight, 82 Second Avenue '''as opposed to the entire project. C. J. Wells, 287 Church Avenue objected to "ddening of Church Avenue and Landis Avenue, as no benefit would be received. Roger W. Vfuitacre, 91 Center st. opposed to breaking up streets and pepaving, when their street is in good condition. Ben Herren, 220 Ash Avenue objected to repaving Ash Avenue, as it was now in perfect condition. Donald w. Hathaway, 649 Chula Vista Street objected mainly to the removal of trees in his block. C. H. Long, 241 Glover Avenue said Glover Avenue needed maintenance, but objected to its being repaved. Frank "~ite, 268 lmdrona street stated the matter was discriminatory, as Third Avenue was repaved from general funds. C. F. Lenihan, 206 Beech Avenue objected to t.he repaving of his street. John Currier, 114 Third Avenue asked for permission to put in improvements, but was denied permission. Jim Lincoln, 148 Third AvenQe objected to removal of trees, parking and sidewalks for the purpose of widening Third Avenue.