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HomeMy WebLinkAbout1954-02-02; City Council; Minutes21 . Cbpy proposed of ResolutLoa. Ho. 87 wa.s passed to each member of the Council and read, It was suggested. that. collection of the monthly fee could be m'de .by the Carlsbad Mutual Water. C.ompany on the water bills, which fee would be. basad on-waterconsumption, a method permitted by the Code, Zfter discussion, Crnn, Ede noved, seconded by Cmn. Castorena, that proposed Resolution No. 87 creating a special assessment district within the boundaries of the City of Carlsbad, be adopted, All ayes, motion carried, resolution adopted, Copieg of proposed Resolution No. 88 were passed to members for read ing, Attorney Smith explained that adoption of this Resolution will pre- serve for the City alternate means of collection of charges foz mainten- ance, operation, construction and acquisition, of a sanitary sewer system, by the County Tax Collector, as set out in the ResQhtion, Can, Ede moved the adoption of Resolution No, 88, outlining boundar- ies of area to be assessed for sewer construction and maintenance. Secon ed by Cm, Castorena, .All ayes, no nays, resolution adopted, City Attor ney Smith explained that if. it is found that a ppoperty has crept into the described area which cannot be served by the sewer, Tt can be later exeluded. I 33 d' Terramar Lightiag District, were passed to members for reading, Cmn, Ede 4 moved the adoption of proposed Resolution No, 89. Seconded by Cmn, Chase -.'- A11 ayes, no nays, resolution adopted. T'T =T Lii Copies of prop.osed Resolution No. 89, setting up code area for the There being no further business $0 come before the Council, Cmn, Castorena moved for adjournment,.seconded by Cmn. Ede. All ayes, meet- ing adjourned at 5:OO Po Me 2 Respectfully .submitted,, GV I. '1 moooona~oooou-oooa~o~woooooo-o~~o~o-~oo-~e-ooamoo~~~-~~eooao~~oo~oo~o-oo .x MImTES OF "ING OF CARLSBAD CITY COUNCIL ' I. '1 moooona~oooou-oooa~o~woooooo-o~~o~o-~oo-~e-ooamoo~~~-~~eooao~~oo~oo~o-oo .x MImTES OF "ING OF CARLSBAD CITY COUNCIL ' F8bruarY 2, 1954 besides the Mayor were ma. Sutton, Ede, Castorem, Chase (7: 35 PO M. 1 city Clerk Hagen, Public Works Director Anthony, and City Attorney Smith, Meeting oalled to order at 7:15 P. Dli. by Magor ,McClella& Present Cmn, Castorena. moved that reading of the minutes of the, regular meeting of January 19th and of the special meeting of January 30th be waived. Seconded by Cmn, Ede, All ayes, motion carried. City Clerk Hagen read the letter from the Citizens' Water Committee, asking that the .City Council take 8 stand on the formation of the Munici- pal Water District. After discussion, Cmn. Sutton moved that the City Council adopt a Resbaution approving the formation of 8 Carlsbad Hunici- pal Water District as novrproposed, the exact wording to be framed later, Seconded by Cmn, Ede, Four ayes, no nsys,'Cmn. Chase absent, Cmn, Sut- ton was asked to collaborate with City Attorney Smith in the framing of the Resolution, the suggestion being made that the thought be developed that from its very formstion the City took steps to make the commimitg eligible for admission to the ,Water Authority, and since it has been held up by legal action from completing these steps, it is the feeling of the Council that it is urgent to complete the formation of a Municipal Water District, etc. The matter of the charge of the Realty Tax Service for the 'certifi- cate of valuation was discussed, Cmn. Ede moved'that the bill of riplZ5O.O due the Realty Tax Servioe be paid, . Seconded by Cmn. Castorena. All aye motion carrfsd. The City Clerk was asked to request a. corrected certibi- eate from them, I City Clerk Hagen read two letters from the Gallinger Corporation re- questing that the City consider transfer of responsibility of' inspection and approval of sub-surface disposal system to the County of San Diego.,. stating #et the VA and FHA had made this condition, It was recalled that the question Of having the County make these inspections had come UP a few months ago and it had been decided at that .time that septic a~ .. ; $25 ., and cesspools. should. be. inspected by the City %aspeatpro During discus- sion it was brought out. that. the .lending...agencies are very valuable fac- tors in the City's growth and every effort should be made to co-operate with them where possible.. Cmn.- Ede. stated. he. believed a County-City a- greement on such inspections probably should be approved eventually, but that the contractors should have notice of it beforehand, It was a= greed to defer action to the next meeting and ask, the press to give it some publicity, Cmn, Chsse suggested that the contractors be asked to check into the situation with FHA and, PA. .. City Clerk Hagsn read proposed Resolution $91 accepting relinquish- ,ment of Pi0 Pic0 Drive from the State of California: Mr. Anthony stated that he has gone over the road and found it in good shape. The Highway maps showing the outer highway were studied. It was pointed out that there is a small strip lying on the easte~ly side of Pi0 Pic0 between Elm and Laguna, approximately 20 feet in width, whcih is shown in brown, indicating it is to be relinquished, but not described, Because of its proximity to the property to be purchased for a civic center site, it was agreed that every effort should be made to have it relinquished $0 the City, Cmn. Ede mooed the adoption of proposed Resolution #I1 accepting relinquishment of Pi0 Pic0 Drive as described on the State Highway maps (Parcels 2, 3, 4, 5, and 6). All ayes, no nays, none absent, Resolution adopted 1 The proposed contract with Byrl Phelps was discussed. It was de- cided to make several changes in wording, which changes were noted by the City Attorney, Cmn. Ede moved, seconded by Cmn. Castorena, that the City Clerk and Mayor be authorized. to execute the revised contract with Bgrl Phelps. All. ayes, motion carried,. briefly, but action deferred until later in the meeting. The freeway maintenance agreement with the State was discussed A letter from Mr. Mack of the County aoad Department to the County Board of Supervisors, recommending that the proposed lease for the County Road Station in Carlsbad be based on a higher rental and run for not more than two years, instead of ten, Cmn. Sutton asked what the Council would think of asking Allan Kelly or someone else familiar with the situation talk to Mr. Gehringer, The Council authorized Cmn. Sutton to negotiate for the best deal possible and bring it back to the Council for approval, traffic, stated that he had received a bid from Oceanside Rock & Sand for paving with 3" hot nix, 1600 square feet for $355.00. He stated %.his would extend 45 feet back of the tjwction. He was authorized 'to go 'ahead with these arrangements. Mr. Anthony, reporting on the opening of' State Street to southbound Harry Andrews of Freeland, Peterson, & Evensoo was present on be- half of Mr. W. D. Cannon to ask final approval of TIERRA DEL ORO, on which the Planning Codssion made a recommendation of approval, After discus- sion, Cmn, Chase moved the approval of the final map of TIERRA DEL ORO, altogether with the deolaration of restrictions, to be filed immediately' *B&reafter, Seoonded by Cmn. Sutton. There was considerable .discussion on the point of what procedure should be followed to assure filing of the declaration of restrictions simultaneously with or immediately after fil- ing of the map. Mr. Andrews' agreed not to file the map until he can file the restrictions with it. Vote on the motion: all ayes, motion carried. The proposed freeway maintenance agreement with the State was agaih brought up, after having been read by all members. Cmn, Chase moved that the Council 'authorize the execution of the freeway maintenance agreement with the Sta,te of California, Seconded by Cmn. Ede. All ayes, motion carried. Cmn. Chase stated that it is almost viSal that the City have an in- strument for use of the Public Works Department. It was brought out that the dama e to Joe Apodaca's instrument had been repaired at a cost to the City Bf f 44.00, but that it is not in perfect condition. The price of a new instrument aas.estimated at about *5OO,OO, but it was suggested that arrangements-might, be made to rent that of the Water Company, Mr. Anthony was asked to write I@, Bilich insisting that he make per- r manent repairs on Jefferso n Street, .. ...._ . .. , ' ;, . Cmn. Chase stated that Joe Apodaca would like to have, a yard or space to stockpile some road materials so that they could be keplt on hadd for e- mergency use, It was suggested that Palm Avenue between Jefferson and Har ding ,Streets where it @ not travelled, could be used ,for .this purpose. I .?,J z-3 t"T1 4 c-3 d I I 21 After a lS-ginu$e..recess,. the.Counci1 was reconvened at 9:30 Po 14. The matter of taking-o.ut .the trees ... to wi.dea Ocean Avenue between Gra, and Cedar was discuased.. Mr. Anthony.. was..asked to familiarize himself wi .the matter and to see what progress can be made before the racing season begins 0 The City Clerk read the report of the Civic Center Site Committee, recommending as a site for the fire and pokice stations and the City ad- ministration. buildings the Alice Houston property on Elm Avenue and fio Pic0 Drive. Mayor McClellan stated that .his firm has a listing on this property and followihg the Saturday (January 30th) meeting he had asked Mrs. Houston whether she would make a more favorable deal for the City and she stated she would take the same net price, $3500,00, for the pro- perty, and would have no objection to selling half with an 'option on the other half, provided she would be assured-that the option would be exercised, which assurance he could not give her. He further stated that possibly Mrs. .Houston would take ~300.00 down and #60.00 per mohth, but expressed himself personally as being in favor of paufng the $3500.00 cash. The matter of having an architect draw an over-all plan w8s dis- cussed, but the point was brought up that there would be considerable ex- pense incurred before anything could be accomplished. Another suggestion was that some university group might undertake a study of the site and needs of the City and work out somethlng. After coasiderable discussinn, Cmn. Castorena moved that the recommendatfon' of. the Site Committee be ac- cepted, and also the adoption of a resolution to purchase ths site recom- mended by the Site Committee for oash. Seconded by Cmn. Ede.. The dimen- sions of the site were described as 225 feet by 159.36 feet, the price, $$35OO.OO cash. Cmn. Chase repeated that he definitely felt that an ar- chitect should @raw plans before any building is built.- Vote on motion: four ayes, one nag (Chase) moion carried. Mayor McClellan stated he would like it thoroughly understood that he has no personal# interest. in selling %his property as his firm would rel'inquish all fees or commissions in connection with the transaction, Broposed Ordinance, #9034, changing zone from R-2 to R-3 of a por- tion of Tracts 201 and 202, Thum'Laads, was smariz8d. Cmn. Ed8 moved that first reading of Ordinance a9034 be waived. Seconded by Cmn. Chase. All ayes, motion carried. that the amount of City of Carlsbad taxes, secured rolls, for the fis- cal year 1958-1954, is $26,484.05, and giying a breakdown on same. City Attorney Smith summarized proposed Ordinance #9031, amending Ordinance #9005 by allowing signs in any zone except M-zones with a spec'ial use permit from the Planning Commission, no permit being requir- ed in M-zones. He was asked about erection of signs in unzoned terri- tory and stated that the use of signs cannot legally be restricted in un- zoned territory. Mayor fdcClellan expressed the opinion that a. special use permit should be required in all zones for erection of signs. After discussion, Cmn. Ed8 moved that this constitute first reading of Ordinanc #9031, and that the City Attorney be requested to include in the ordinanc a requirement for special use permit to allow signs in an M-1 zone. 'Secc ed by Cm. Castorena, Roll call vote. as follaws: Ayes, Cmn, Chase, Ede, Castorena, Mayor ItiicClellan; nays, cmn, Sutton; absent, none;qi$ motion car ried . A letter from the County Auditor and Controller was read, advising Proposed Ordinance #SO20 was discussed, It was suggested that Sec- tion.24-C-l and 2 be amended to stipulate that an encroachment permit should be secured for each sign encroaching upon the public right-of-way, with a fee of $5.00 charged therefor.. .After discussion, Cmn. Chase moved that first reading of proposed' Ordinance #8020 be waived, with the provi- sion that a paragraph be included requiring the obtaining of an encroach- ment permit for any sign extending over public property, with a fee at- tached of $5.00, Seconded by Cmn. Castorena. All ayes, motion carried. Two letters from the Tree Committee to Mayor McClellan were read, reporting on hazardous trees and limbs, one from Mrs. Felt'and Mrs. Stu- art, and the other si'gaed by Howard Oldham. Referred to the Fire Depart- ment and the Traffic Department for a report at the next Council meeting, Letter from the City of Turlock was read, expressing approval that their suggestion for opening Council meetings with an invocation has beer adopted by the City Council. arrests, 5; accidents, 9; citations, 90; general. cases, 6k. City Clerk Hagen read the Polisce Report for January as follows: w3 The City Clerk read a letter .fzom. the .Department of AgricuJtue at Sacramento advising. that .Southe.rn. Ca.lifarnia. is quarantined insofar as export of hogs outside the.State.is.concarned, due to the feeding of raw garbage which may result in the spreading Qf vesicular exanthema, Letter from the Shoreline Planning Association, regarding use of tidelands funds for beach and park purposes, was read, Referred to Mrs. Sutton, L The City Clerk reported a call from Mr. Cardner, Direotor of Rec- reation, stating that the County had budgeted salary for a month for a lifeguard at the Carlsbad beach (June.1 to July 1) but inasmuch as it would be very difficult, to hire a lifeguard for less than the full 888- son, the C,ounty would be willing. to trade the tower on the beach, owned , by them, for the one month's salary, Referred to the Parks, Recreation, I Beach and Tree Commission, ~ Proposed Ordinance #3009, an urgency ordinance opening State Street to southhound traffic, was read, Cmn, Castorena moved the adoption of urgency Ordinance #3009. Seconded by Cmn. Ede, Five ayes, no nays, none absent, Ordinance adopted, City Clerk Hagen read an itekzed statement of the City Treasurer billing the City for time put in on Sanitary District business, plus milegge, totalling $75l+.OO; also showing a charge of gB33.00 per month for City Treasurer's salary from July, 1952 to June, 1953. The charges were discussed and .doubt expressed whether the- $35.00 salary charge could be made retroactive to July, 1952, antedating the resolution establishing it. It was decfded to refer the account to the Finance Committee, Cmn. Ede and Suttone, for study and their recommendation at the next meeting. It was suggested that the City Treasurer inquire whether the party who owns the remaining bonds in the old sewer district would accept pre- payment, as a substantial saving in interest could be mad.0 by prepayment, Cmn. Sutton reported that Clifton Williams had asked that she re- sent a resolution to the Council, asking tha t the &$df#bf #!bf $J&?V?a- ter Resources Board have a study made of the water situation, She stated that the Attorney for the Water Company had expressed the opinion that such a study might rgn in&o years, and she recommended that the resolu- tion be not adopted, City Attorney Smith reported that there have been ,no further nego- tiations in the karbor matter; that the San Diego Gas BE Electric Comp- any is rather reluctant to enter into any long-term lease, ' and the Com- mittee feels that it would be best to propose terms and let them draw a lease, He pointed out that the City does not have a great deal of bargaining power, He stated there was talk of having a meeting on Friday between the Harbor Committee and other interested parties, Cmn. Suttong reported that the trip to Newport Beach was most en- joyable and informative, and that all who made the trip- were very much ,impressed by the excellent.harbor they have. City Clerk Hagen read a letter from Mayor UcClellan to City Attor- ney Smith, askfng that he request OQSelveny & Myers to revise their bill of #7,725.00 for services rendered in the Patterson suit. The City At- torney stated he did not consider the bill enLhorbitant but that it was higher than he expected. He was asked whether, in event of an appeal, there would be a great deal,. more legal Pees, and he said he tho.ught hot, He stated .that if an appeal is taken, notice of appeal will be filed be- fore February L?th, but that the case may drag out for a long time, and, if it does; will cast a shadow on any plans the Ci,ty may have.for rais- ing money. Mayor McClellan asked the City Attorney whether he felt it would be proper to ask OtMelveng & Myers their opinion of the effect of the continued litigation upon the market value of' the bonds, in case an appeal is taken, and he stated he believed they would be perfectly will- ing to give an opinion, The Bdayor stated he felt it important to try to make progress on (1) the disposal plant, (2) Elm Avenue construction, and ( 3 1 Tyler- Street improvement , 4 Cmn, Castorena stated that there have been some pomplaints of shoot- ing inside the City limits, and recommended that the City pass. an ordin- ance against it, The City Attorney stated that it was undoubtedly cover- ed by State law, Cmn. Castorena as0 recommended that the Council consi- der adopting an ordinance outlawSll(J abandoned ice-boxes, stating that many cities have done so. Nagor McClellan suggested that it probably should be mde broader, to cover holes, open cess-pools, or anything that Ai might be a potential hazard .to children, The natter was discussed brief- ly but no action was taken, C , G, Kentner drew the council.'^ attention. to numerous. trees on Wash ington Avenue which are creating a hazar.do.us condition and should be re- moved, and,offered the use of his “catn to Mr. Apodaca for ‘this work, He was advised that the Parks, Recreation, Beach and Tree CoWssion has authority to grant permission for removal of trees, He also reported that the sign on the left hand side of Elm Avenue at the entrance to the freeway faces east, away from the traffic. Sutton moved for ad jourment, seconded by Cmn. Castorena All ayes, meeting adjourned at’ 11:20 p, M. There being no furXher business to come before the Council, Cmn, Respectfully submitted, - GV -. -> . ‘Q ,r) A< XINUTES OF NIEETING OF CARLSBAD CITY COUNCIL ::? --rr”--~”-””””“”~””””””~~~~”“””~””“~~”~~”””~~~ . .., ‘4 ‘ -,A. .”A February 16, 1954 Meeting called to order at ?:O5 P, M, by Mayor McClellan. Present besides the Mayor were Councilmen Castorena, Ede, Chase, Sutton, City Clerk Hagen, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkowski, Cmn, Ede moved that reading of the minutes of the meeting of Feb- ruary 2nd be waived. Seconded by Cmn, Castorena, All ayes, motion car- ried, The following correspondence was read: Letter from the Office oP Civil Defense, advising that Carlsbad has been duly certified into the California Disaster Council. Letter from John T, Scoble complaining that recent rains had caused 8 deep ditch in the street in front of his property at 4050 Park Avenue; and advising that he will not assume any liability for any damages re- sulting therefrom, Letter from the Chief Administrative Office of the County of San Die go asking for ‘a reply to their letter requesthg a statement of the City’ attitude with respect to a revised definition of food handlers. After a brief‘ discusdon, Cmn, Sutton moved that the City Administrator be in- structed to contact Mr. Hegeland, advising of the Council’s approval of the revised definition and presumably of the revised ordinance regarding I food handlers. Letter Prom the office of the Assessor acknowledging receipt of‘ the three Tax Code Area district descriptions, covering the Sanitary District Sanitary District Maintenance District, and the Terramar Lighting Distric Letter from Mr. P. 3, Johnson of Ventura;asking about the possibi- lity of securing boating concessions on the Agua Hedionda lagoon, quoting from a letter received from the San Diego Gas 8s Electric Company refer- ring him ta the City of Carfsbad. Letter from the Division of Highways to Mayor McCleflan, concerning proposed relinquishment of Pi0 Pic0 Drive, stating tbat they are recom- mending that the. relinquishment include the small strip along Elm Avenue delfneated in brown on the map but not described in thbir former letter. The City Clerk reported that Yz, Gehringer had called on the road station lease matter and advised that the next move would have to cone from the City, as the Supervisors would do nothing further. Referred to the Parks, Recreation, Beach and Tree Commission. Cmn, Sutton reported briefly on the progress made in the boat har- bor matter, stating that she planned to attend a meeting in Los Angeles Wednesday. for Southern California, and that there would be a meeting of the Cloyed Committee for San Dfego County on.February 23rd.