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HomeMy WebLinkAbout1954-07-13; City Council; Minutes2 ation of the necessary signatures on the Leo Williams contract. Seconded by Cmn, Helton, All ayes, motion carried, Cmn. Sutton brought up the question of printing of maps on zone chani The- Council took note that the contract with the Carlsbad Journal 'for printing had expired, and Cmn, Ede moved that the City Attorney be instructed to draw up a contract with the Carlsbad 3ourna-l on the same baE .is and terms as the one previously in affect, and authorizing the signa- tures of the proper City officials, Seconded by Gmn. Sutton. All ayes, motion carried , which was briefly discussed but no action was taken. ~ The proposed franchise with the 0cea.nsi.de Transportion Company was again.discussed briefly and the City Clerk was 'asked to check with the City Attorney as to progress in the matter, There. being no further business to come before the Council, Cmn, Sutton moved, seconded by Can. Helton, for adjournment to July 13th at 7:OO P. M, ' AlJ ayes, meeting adjourned at 11:lO P. M. N yf4 . " 3 ,Respectf,ully submitted, 5 .,3 , 5- Nv gv .Ma 0. EWALD, City Clerk ~~"~"~~~~~~"~""~"".~~"".~-~.""~~----~~------~-~~---~~~~~~"-~ k MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COUNCIL b. July 13, 1954 Meeting called to order by Mayor McClellan,at 7:OO P, M, Present besides the Magor were Cmn. Castorena, Ede, Sutton, Helton, City. Clerk Ewald, Publi,c Works Director Anthony, City Attorney Smith, 'Polkce Chief Palkowbki . I Mayor HCClellan asked Cmn. Ede to begin the budget discussion, Re- vised copies of the budget were passed to. members, Cmn.'Ede pointed out changes from the previous draft of the budget, and summarized the figures, stating tha, based on a. 7& million dollar valuation, it would be possibze to just get by with a $1.00 tax rate, without imposing a City sales tax. It was the opinion of most members that the 7& million figure was conser- vative, The Mayor asked whether anyone present wished to comment on the City ' sales tax proposal. Louis V, Dyche stated he felt that the small amount of money that could be collected by such a tax would not justify the amow of ill will it will generate, He stated he had contacted several people and 'had had one favorable reaction. He also stated he felt the Co.unci.1 might be over-spending, questioning the wisdom of adding another police officer to the staff, and recommended that the budget be trimed to allow for a slush fund, rather than attempting ta r,aise the present figure by instituting a City Sales tax, He was informed thet 8 $5,OOO,OO contingen- cy fund had been included in the budget, Copies of the proposed budget were passed to spectators. Mayor BIcClel-3an asked the Council members what sort of reaction they had had from citizens 'and the various members stated that they had had SOR favorable and some unfavorable comment, but that most felt it to be a fa21 er tax than taxing'property only. Cmn. *Castorella gave a breakdown on how the tax would run, figuring .3@ to include both State and City tax, stating that the breaking point on the. 3&$ tax would be just below that of the present 3% tax. *. I Mayor McClellan explained to the spectators the amount of time spent on the budget in.an effort to pare it down to what is considered the esse1 tials, and stated the problem is whether to levy the maximum $1.00 tax, or initiate a City sales tax, He further stated that there is a great possibility that the next legislature will enact an increased sales tax, 33% or'4%, which the merchant would make in one payment and the Board of Equalization would remit either the 3% or 1% to the City which it was collected. Cmn. Ede, projecting the figures to possible i3& million dollar 3 4. valuation, stated that on. that basis it would take a 79$ rate with sales tax or 894 without sales tax, and at. 93 million, approzimately SO$ withou. sales tax. Mrs. G. E. GriffLn stated that she believed most of the opposition is que to the fact that the people are just not well-enough informed,, Mr. John Howe asked whether-the Council did not believe that enact- ment of a sales tax would turn business away from Carlsbad. He was infon ,ed that every incorporated City in the county except Carlsbad now imposes a City sales tax. Ae brought out that Vista has no City sales tax and they have a good shopping center. quarterly was brought up, and 'mn. Sutton stated he believed it could. -. The question of whether tQe tax could be paid monthly instead of City Attorney Smith summarized the proposed sales tax ordinance, copies of which were passed to Council m8mbers for study. .The ordinance would provide for- time of, payment of the tax as set by the .Board of Equal. ization; that any government or municipal agency is exempted; that a per- son enga ed in business must secure a permit.from the City,Treasurer, costing f 1.00; funds are to be submitted to the City Treasurer and the . ordinance is enforced administratively by the City Clerk; that the funds received from the sales tax ordinance would be applied to the generaJ. ' fund' and would nbt be ear-marked to any particular fund, as presently set up; effective date, September 1, 1954, and any sales contracted for before actual effective date, even though delivery is not actually made unt&l after effective date, 'would not be affected by the tax; that it would follow the same pattern as the State tax generally. he stated that if the Council chooses to adopt this ordinanae, it could be considered for fist reading at ne,xt meeting, July 20th, with second reading August lst, effebtive 31 .days thereaftar. Mayor McClellan' reported on acquisition of the County Road Station that there was at first some idea that it might be had for nothing, but ' today the County Surveyor asked permission to have the Carlsbad Fire De- partment destroy the buildings, as. they are of no value; but that'he was given to understand that an offer of $300.00 cash for the property as it stands, with the buildings, might get serious consideration. After dis- cussion, Cmn. Castorena moved that the City Clerk be instructed to start negotiations with.the County Clerk to purchase the site of the' former County Road Station for $300.00 cash. Seconded by Cmn. Ede. All ayes, motion carried ," The question was brought up 0% whether execution of the- L,eo Williams 9 contract for construction of sewer laterals had been authorized, and it, ' was decided ft had not. Cmn. Sutton moved that a resolution-be adopted authorizing the Mayor and City Clerk to -execute a',contract with Leo Wil- liams, terms of which have been previously approved by the City Council. Seconded by Cmn. Castorena. All ages, motion carried, L The City Attorney stated that the proposed agreement for'removing rock and gravel from.the Lassen property was ready for Council action. He summarized it briefly, stating the purchase price is 54 per cubic yard and the City is not .obligated to take any specific quantity; and the City is restricted in taking the rock to stay above a certain level. The con- tract runs for one year,. with RO option for renewal 8t the present' time; and the City must repair any damages which are caused by the City's use of the property. Public Works Director Anthony recommended the executioq of the contract. Cmn. Ede moved the adoption of resolution authorizing the execution of a contract with Salson & Lassen. Seconded.by Cmn. Hel? ton. All ayes, motion carried, City Clerk Ewald read a ,letter from Oscar's Cab Company reminding the Council that the changes already made in his Cab Company were pre- viously granted by the Council, as advised by letter from the City clerk of Narch 25th, 1954, and that the only other change he was requesting was to add the word "Oceanside" along with "Carlsbad" on the three cars now' being operated in Carlsbad. Chief Palkowski reported that Mr. Cross came in during the week'with a letter he had received from the Council in March, granting changes in lettering and color of the cabs. City Attorney Smith stated that, if it is the Council's wish to grant the chan6 a letter should be written to Mr. Cross granting the one change, which . should be attached to his Certificate of Convention and Messity as an amer ment. After discussion, Cmn. Castorena moved that Mr. Cross's request fo~ permission to add the "Oceanside" to the cabs operating in Carlsbad, be granted. Seconded by cmn. Helton. In the letter of transmittal; l"f the change is granted, I&, Cross is to be advised to attach the letter to hi8 Certificate as an amendment. Chief Palkowski stated that he has the Cab I I 9 3 9 3 f "y .s 'I. I 7 number designatfons on file in his office, Vote on the motion: all ayes, motion carried, After a 15-minute recess, the Council was reconvened at 8:40 P. X* Mr.' Lull asked and was given permission to relate some of the facts in regard to his sewer connection .prohlesm, He stated that. no inspection was made by the-engineer who engineered the sewer line to ascer%ain the depth of their iine; that they,made q protest and were informed that they could connect; that Ur. Phelps stated he would get them a special permit to connect with an l/gn per foot fall but has never produced that permit; that it was later surveyed by Kr. Anthony, Anderson & Robinson, and him- self, and all found -that it is impossible to connect without going ,to the trouble and expense of tearing up the. floor or tunneling under to raise the pzumbing. He stated tha.t he has four lots, his house being located on two of them-, and that there is no question about the two vacant lots being se$rved by the sewer, but he does.not feel that he should have $500.00 invested and not get any benefit from it. He stated that the sew- er is 22'6" deep at Garfield near the railroad, at whi'ch point the grade comes. up to 9'., Pflr.. Anthony stated that Ivlr. Phelps would probably be up them withih the next week and he would make an appointmht with hi-m, with Mr, Belton,representing the City Council, and try to find out more 'about the'situation. Mayor RRClellan stated he would like to know what assessment would .have been levied on this lot had, the conditions been known, so the Council could more accurately weigh the situati.on, It was decided to 'await .word from Mr. Phelps, after further investigation, inclua ing a sta.tement as to what the assessment wou1.d have been, had he known the, actual conditions; that if the report is -ready by the 20th, it can be heard at that time, A rough draft of City Sales Tax Ordinance #6025 wa's studied. It was decided to ,change the term "City Treasurer" to City Clerk wherever it ap- peared, Cmn, Ede suggested that .it be' drawn up for first feading at the next meeting, and meanwhile, that the matter be furZher publicized, in view of.the fact that .the .people,who have spoken tonight have all been opposed to the tax and-the Council would like to hear the.other side, Each Councilman was asked to communicate to the City Attorney any changes he may want to suggest, October lst, 1954, was'suggested as an effective date, C,laud Fennel stated that he believed the City 'sales tax would be fair and equitable; that the person wh'o'does not own property should pay his quota as he receives the benefit of our schools, police and fire protec- tion, etc. He complimented the Council' on its ef.ficient and farsighted handling of ,community problems It was pointed out that the Council has not yet authorized an audit of the City books. This was done last year in August at a cost. of $350.00 by Everts ,& Esenoff, The City Attorney stated that once each year an in- ventory-audit must be made; and that the authorization should be in the form of a resolution authorizing an audit and inventory to take place wikh in thi-rty days, for the fiscal year just ended. Cm. 3de moved the adop- -tion of a' resolution authorizing an audi,t and inventory to take place wikh in thirty days, for the fiscal year just ended. Seconded by Cmn. Belton, It 'was suggested that an estimate be obtained from the C. P. A. beforehand All ayes, motion carried. Mayor @cCJ.ellan reported that the State Park man had stated that Carl bad had been assigned #1 priority for consideration of major construction, ' ranger and life guard service, etc., in the State's 1955-56 budget. The question of .adoption of the Public Works Department budget so tha some of the necessary work could be done, was discussed. Cmn. Castorena moved the adoption of the Public Works Department protion of. the budget as revised, be adopted. Seconded by Cmn. Helton. All ayes, motion carried. Cmn. Ede moved the adoption of the Police Department portion of the budget; as revised tn the copy dated July 13th. Seconded by Cmn, Castore- na. A11 ayes, moti~on carried. Cmn. Castorena move6 that the $l500,00 item for operating expense in tie Fire Department poption of the budget, be adopted, Seconded by Cmn. ,Sutton. All ayes, motion carried. Cmn. Castorena moved that the City. Attorney's portion of the budget, totalling $4950.00, shown on the revised budget dated July 13th, be adop- :ted, Seconded by Cm. Hefton. All ayes, motion carried. Cmn, Sutton moved the adoption of the Sanitary Department, Mainten- 86 ance and Operation, $3500.00, ,and Bond Retirement, $3500.00; seconded by Cmn, Castoren a. All. ayes, motion carried. Mayor McClellan asked the Council members to think about the methods of financing construction of the Sanitary Sewage Disposal plant. City Attorney Smith named four prime methods of financing same: (1) 1911 Improvement Act, the cost of which improvement would be as- (2) General obligation bonds, City of Carlsbad, 'which would impose sessed against the distri\ct to be benefitted. a tax on the' entire area of Carlsbad. (3) Creation of a Municipa'l Sewage District, under a comparatively , new law ..enacted in 1949. ,(4) Revenue Bond type of proceedi,ng whereby the City borrows money. and the funds to repay come from a sewage charge from 'those aqtually us'- ing the sewer. It was agreed that this problem should be discussed at a special or adjourned session when nothing else would be handled: Cmn. Sutton suggested that Bruce thake these four methods and summarize the advantages and disadvantages .of each, after which a special meeting could be set up fur discussion. The Clerk was instructed to send a' memorandum ,to the City Attorney asking him to prepare a summary of the various fi- nance methods open to the City on thi's sewage disposal plant matter and report to the Council at.a conference session to be set as soon as he is prepared . The City Clerk read an announcement of the League of Cities' meeting on Friday, July 16th, ,at the Coronado Yacht Club, Coronado. The question of giving a franchise for garbage collection was 'again discussed. The City Attorney stated that the procedure'.would be to issue a Certificate of- Public Necessity and Convenience as in the case of taxi- cab service, Can. Ede moved'that the Council request the City Attorney to draw up an ordinance affecting garbage collection, Hayor McClellan'stated that Mr. Anthony. had reported that the citi- zens of Terramar who'had complained of erosion of their beach are tempo- rarily satisfied with the arrangement that the San Diego Gas & Electric. Company will put in some rocks down there to abate the erosion. It was suggested that we obtain the date the State Erosion man will . be down here so that he can be accompanied on his inspection of .the bea- ches, There being no further business to come before the Council, Cmn. : Sutton moviked for adjournment, seconded by.Cmn. Castorena. All ayes, meeting adjourned at lO:O5 P, M. Respectfully Submitted, Nv gv Ma 0 . EVIALD City Clerk ""r""r~"""""~"-~~~""""~"""O"~~~~~"~o""""""""" bSNUTES OF MEETING OF CARLSBAD CITY COUNCIL July 20, 1954 Meeting was called to order at 7.:12 P. M, by Mayor IdcClellan. Pre- sent besides the Mayor were Cmn. Ede, Castorena, and Helton, City Clerk Ewald, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkowski. Absent, Gmn. SUttOn. Reading of the minutes of the meeting of July 6th was deferred until later in the meeting. City Czerk Ewald read the following correspondence: Letter from the Chamber of Commerce recommending that the City con- tact the Board of Supervisors and request that they paace signs on such. inland thoroughfares as El Camgno Re81 and the Countiy Road to San Marcos, directing the traveling public to Carlsbad. Referred to the City.Clerk for action,