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HomeMy WebLinkAbout1954-09-21; City Council; MinutesP 1 . adopti0.n of Urgency Ordinance..#lO.i3.. Seconded. by Cm.1 Ede, Five dyes, no nays, none absent, Ordinance adopted. .’ Proposed Ordinance #lo32 creating a Harbor Commission was studied. C,m, Sutton objected s,trongly to the wording of the Ordinance, stating it was his opinion that if such an ordinance were passed it would elim- inate the need; for a City Council, Planning Commission and othere agen- cies. Mr.,Anthony Btated’that the marine engineer, Mr. Patterson, stated that he would proceed without‘a contract upon the word of the Council to make a .preliminary study of the harbor area. . Mayor McClellan ‘suggested that it probably will’ be necessary to de- .. l. vote almost ‘an entire evening to a study of the financing of the sewage ordinance, and, .‘after discussion, Thursday,. September 16th, was agreed upon for a conference session with the .City Attorney on the sewage dis- posal plan matter.. It was decided to defer until later, the setting of -a meeting to consider the Harbor Commission Ordinance, . disposal plant‘and anbther to the discussion of the Harbor Commission City Clerk Ekald‘ reported that the dog control conhittee is working - with the County gf San Diego ‘on -an ordinanoe but has no report at this City Clerk Ewald reported that forms for %he safes tax collection time , . ., .\ e2 9”i are-at the printers, a,nd should be available the last of this week. E3 , Mayor McClellan.reported that the rgvision of the subdivision ordi- LJ .The authorizatton of funds for an engineering survey of the har- e: nance should be ready for the next meeting. < bor wag discusse.d. Cmn, Ede moved that the Council authorize the engi- neer to. begin the survey on the harbor up to a cost of $JOOO.OO, if he , will accept payment after the first of the year. Seconded by Cmn. Hel- . I ton. Mayor McClellan stated he was goigg to vote’against the motion; that he was in favor. of the idea but felt it is premature .and he favored deferrtng’the expenditure of this money anti1 further diseussion of the ,matter..’ Tote on the motion: ayes, C.mn. Castoreha, Ede and. Hdlton; nays, Cmn, .Sutton, Mayor McClellan. Three ’ayes, two nays, none a’bsent, motion carried, Cmn, Sutton stated he believes it to be a misappropriation of fund-s to engineer private property when the City has not acquired any legal control. Shce this brought up the question of the legality of the expenditure, Cmn. Castorena moved that the City Attorney be requested to give a written opinion of.the legality of this propose44 expenditure for survey of’ the harbor. . Seconded. by Cmn. E.de. All ayes, no nays, motion 1. , carried. There being no further, business to come before the Councll, Cmn, Castorena moved for adjournment, seconded by C’m. Eelton, All ayes, meet- ing adjourned at ll:O5 P. M. V’ . I M.‘ 0. EWALD, City Clerk ,.-~-,”””~-~~”“”””””“””-”~””””””””~”””””””~”” i MINUTES OF BllEETING OF CARLSBAD CITY COUNCIL September 21, 1954 1. .’ Meeting called to order at-7:12 P, M. by Mayor HcClellan. Present .besides. the Mayor were Councilien Castorena, Ede, Helton, Sutton, city Palkowski. , Clerk Ewald, Public Works Director, City Attorney Smith, and Police Chief Considera,tion of the minutes of Augus.t 24th and those of September 7th was ‘deferred until later in the meeting, Bity Clerk Ewald read the following correspondence: . Letter from the Department of Commerce in reply to- a letter wri&ten ,to Mr. Holder, indicating that taking of the census probably can be started the week.of October 18th, stating that they will advise later the exact date‘when a representa.tive can be in Caplabad, Written legal opinion from T,”Bruce .. Smith stating that tbe Couneil 8' may legally expend from the..General .Bund.. the .entire amount of funds 're- quired to construct a jetty.inta the ... ocsan;.:and.. that the City may contri- bute no more than one-half of the r.equired. funds from the general fund for the preliminary engineering on inland water-ways or water sites, There was.considerable discussion as to where the line would be drawn' a-s to "inside" and noutside" engineering, since work done inside .the mean high tide line would require matching funds, City Attorney Smith stating that there seems to be some conflict between the Treaty of .Guada- lupe of 1843 and a law passed in 1948 as'to the extent of, private owner- ship of water-front lands. .The difficulty of restricting the engineer- ing to the outer area w,as discussed. Mr. B, Ed, Christiansen, Mr. 'Allen. Kelly, Mr. William Dindinge.r and City Clerk Ewald as chairman of the Har-, bor Committee, all stressed the urgency of getting the preliminary engi- neering under way; so that somethiag can be passed on to the Interim Com- mittee to be ,presented to the Legislature when it convenes in Janeary, , for the purpose of obtaining State funds, It was agreed that the pre- vious motion voting engineering funds should be rescinded and a resolu- tion adopted employing an engineer, Cmn, Ede moved that the motion made September 7th for the allocation of funds for the surve.y be rescinded, Seconded by Cmn. Castorena; all ayes motion c.arried; Cmn. Ede then. moved the .adoption of a resolution (#134) authorizing the employment of Mr, R. L. Patterson as an engineer and the expenditure of up to $1006 for the preliminary engineering survey, such survey to be restrioted to outside the headlands at the opening of the Agus Hedionda Lagoon to'.the ocean, Seconded by Cmn, .Helton. Cmn, Sutton stated he would ltke to ' see the whole matter held up until the Harbor Commission is formed, ,and until there is full agreement between the City of Carlsbad and .the San Diego Gas & Electric Company. City Clerk Ewald stated that the Gas Com- pany has repeatedly stressed that "the ddor is always open" and- that they would,be willixig to approve a good engineering plan that is approved by their engineer, Vote on the motion: Ayes, Castorena, Ede,. Helton, McClellan; Nay, Cmn, Sutton. Resolution adopted, ' ' Invitation from'the San Diego County Water Authority to ceremoni'es dedicating the San Diego aqueduct on Saturday, October- 2, 1954,: at 2 P,. M. at the south portal of the, tunnel, Mayor McClellan asked that two reser- vations be made for him. Letter fr,om San Diego County and City Visitor's Bureau, attaching folder advertising Carlsbad. The folder was passed around through the audience for their inspection, Mr, Richard Osburn submitted. an affidavit from Mr. Paul Parker of 620 Tamarack Street, declaring that the building located at 3481 Gar-. field Street was occu,pied during August, September andf October of 1952 as living quarters, It was explained that brIr, Parker' had a lease on both pla.ces and had occupied the main building, the sanitary facilities of which had been used by the occupant of the building in question at 3481 Garfield. He stated that the building had been wired with permanent BX wiring at the time he purchased it, but had no sanitarg.fscilities, only water, The City Attorney stated that a mukconforming use cannot be en- larged or changed materially, and that quite possibly by installing plumb- ing faci1ittes.a new use had been created. It was decided to defer the matter until later in the meeting, after study of the affidivit and othe'r. file, City Clerk.Ewald reported a telephone call from Mr. Ed Bulen, stat- ing that he had just arrived from Sacramento and had had a long talk with Mr. DEury, who had stated that Mr, Renyon was under instructions to come down and make a study of the Carlsbad.State Park, ,and that Mr. Drury him- self will be down here within thirty days, This is a result of the Cham- ber of' Commerce request. City Clerk Ewald read a memorandum from the Parks, Recreation, Beach and Tree Commission recommending that the City Council consider acquiring property on the'north side of the Agua Hedionda lagoon, be- tween Harrison Street and the Freeway. After a brief discussion, the matter was set forward on the agenda for consideration at the next meet- , ing . Arnie Stringer, chairman of' the Dog Contcol Comnclttee, reported on the meeting held on Tuesday; September lkth, at the City Hall, with the following persons present: Police Chief Palkowski, %City Clerk EwaId, Mr. George Reece and Arnie Stringer, with Mr, Lamar 'of the County Dog Licensing Bureau and Mr. Gus Shaw, employee of the Escondido Bumane So- ciety, Mr. Stringer stated that information collected from cities of similar size indicates that it would cost between $6000.00 and $10,000.00 .. .. - e %. for .pens, trucks, labor,. food., .etc... .to. operate a City pound. The Com- mittee discussed with Dr. Lamar the possibility of working under a specia: servtce program between. Carlsbad -and ..the..County of Sa.n Diego, which would include the .truck' operated, by Mr... Shaa .coming. over to Carlsbad regularly ,once a week, or possibly oftener by private arrangements, at no eost o- ther'than the license fee of $2,00 per dog, male, female or neuter, with the proviso that the City Clerk or 'City office arrange -to issue licenses for the fringe area residents (North Carfsbad, etc. 1. Mr. Shaw would pick up any s.trays and hold them for the required length of tiine -- 4 days for a licensed. dog, 14 days for an unlicensed' one. Bdr. Stringer pointed out that the County arrangement would not cover cats, and the ordinance does not .imlude a leash clause., The! Dog C.ontro1 Committee: recommended that the City Council give I ,', .serious thought to this'proposal as a solution to the- dog problem in Carlsbad with no expenditure to. the taxpayers other than the license fee 'paid by dog-owners: Bm, Sutton moved that the recommendation of the .Committee op Dog Control be accepted, and ,that the necessary action be takemas speedily as possible to enact the ordiqgnce by January lst, . ' 1955. Seconded .by Cmn. Castorena, Mr. Stringer 'stated it might be nec- essary for the City. to have a small e-age in the rear of the Police De- .Clerk askdd about the legality of the City staff collecting fees 'out-. side the- City, and the City Attorney stated he would have to look into whether the Coun%y.could legally contract with the City for such services. .. partment to house a dog temporarily until. it can be picked up. The city j 4 a George Kraft, Jr., and Mrs. G. C, Griffith both spoke strongly,in :: favor of a leash .law, as did Dale Scott. Hr. Stringer stated that, the p' 9. City of San Diego is the only part of the' County of San Diego having'a J leash law, as it creates.quite a problem of ,enforcement. However, it was-suggested that the recommended ordina-nce be tried for a while and if something stronger is needed it can possibly be. amended, Vote on the motion: all ayes, no nays, motion carried, Mr. Anthony reported that b&. Paul Waggener .had.withdrawn.hfs -re- 1. quest for ,returning 10 feet along Carlsbad Boulevard to the property owners, so that they could install sidewalks. Mr, Virgil.Hoover was present and stated he intended to .install sidewalks whether the 10 feet .was granted or not, Mr. Anthony stated that' in view of this development he would turn in a report on. the levels and locatio'ns 0.f the si&ewalks to be put in bysthe owner. Hayor McClellan stated he'believed it should be decided whether the City will establish grades for any indivfdual own- ers who wfll put in the sidewalks, .Mr. Anthony reported that there was some difference. of opinion a- mong department heads as to the use of redwood on the side of the,new police and.fire station. It was agreed to discuss this matter further after recess. ... After a 15-ninute recess the Council was' reconvened,at 9:20 P, M, .Discussion was resumed on the question of the type of material to be used on the side of the fire station, and it was .decided to appoint a commit- tee to be available f.or consultation during the balance of the. construc- tion'of the Fire and police station, Mayor McCldllen appointed Council- men Helton and Castorena. .. Cmn. Castorena reported that he had been in consultation with the Fire Chief on the subject of tbe full-time fireman to be employed, and the Chief had felt it would serve the City better if the man could be employed about a week prior to.completion of the building, which, accord- ing to-present indiaations, should be November 1st. It was agreed to a- wait the recommendation .of the Fire Chief of a ma2 to be employed as a paid fireman on October 25th. I After further discussion of 'the Osburn matter, Cmn, Ede moved that the statement of fact contained in the Paul Parker affidavit in relation .bo the occupancy of the building at 3481 Garfield be accepted. Seconded by Cmn. Castorena. All ayes, motion carried, The matter was 1eft.h the hands of the City Attorney and Mr, Anthony for further checking, .. Mr.. E. C;Yourell was present and request that the City of Carlsbad stand half the cost of the two fire plugs which he is required to put in inhis subklivision, SBANGBILA, at the corner of Olive Drive and Yourell , Avenue and the corner of Spruce and Yourell. The matter was discussed at considerable length, some Councilinen feeling that the subdivider was being penalized by being required to put in a Greenberg,hydrant, while a property owner can put in the cheaper type (4" riser), It was decided h. 0 to consult the Fire-Chief on the. ma.tter and Cmn. Castorena telephoned him, requesting that he come it.tx, the. meeting,. He arrived at 1O:OO P, M. He suggested that the residents..of the.area be contacted, as they will be servbd.by one of the hydrants'to'be put in by I@. Yourell, and should be willing to' share .the cost, The possibility of whether the .hydrant at Spruce and Yourell would a.de.quatelg 'serve the subaivision was discussed but the.Fire Chief felt he could not change his recommendation and stated that under no circumstances would he ever .recommend a sub-standard fire hydrant. The Mayor remfnded the Council that .the would' be setting- a precedent iP they agreed to City participation o d he cost of these fire hydrants, and it was generally agreed that 'the subilivision ordinance should be strictly adhered to -in this respect, Cmn. Ede moved that Mr. Yourell's request be denied, and that the Council hold specifically to the practices of the past and require the subdivider to put in'fire hg- '. drants as recommended, Seconded by Cmn, Castorena, Ayes, five; nays, ~ none; motion carried, Proposed Ordinance #5020 .relating to. collection of' garbage and trash was .discussed briefly, City Attorney Smith explained .that the Ordinance may exceed the instructions given him,. but other ordinance studi~ed .re- gulate dumping and operating a public dump, so it has been inciuded, ,, Mayor McClellan proposed that the bills be acted upon and the meet-' ing adjourned' until another time, unless the Council decides t.o post- pone the matters s%ill remaining on the agenda until the next meeting. An adjourned meeting was set for Wednesday, September 29th; at '8~00' P.M., and it was agreed ,that the garbage, co,lle.ction ord2-nanc.e would be given first attention. Cmn, Sutton moved that first reading of pToposed Ordinance #go35 changing zone from E-2 to R-1 on a portion of Cedar Hills Addition (@HANGRILA) be waived, and that such waiver constitute first readiag, Seconded by Cmn. Helton, All ayes, motion carried, City Clerk Ewald reported .that he, and Fire Chief Bob Hardin had discussed that ,fact that at some locations the Water. Company would bene- fit greatly by the hurtallation of fire plugs for blow-offs, 'and'that they may be agreeable to standing 25s. It was agreed that it was with- in the City-Clerk's province to contact the Water Corn-pang on this prop- osition. A list of the- bills was passed to Council members for their appro- val. The impracticability of the Section of Ordinance #LO05 pertaining to certification of bills 'by the claimant was discussed, and the City. Attorney was instructed by the Council to prepare an amendment elimina- ting same from the Ordinance. Cmn. Sutton moved that the bills as listed and approved by the AIjlditing Committee and degtartment supervisors be paid. Seconded by Cmn, Helton. All ayes, motion carried. Cmn, Sutton moved that the Council approve the payroll up- to and including Sey)&ember 30, 1954, as approved by the Auditing Committee and certified by the City Clerk, All ayes, motion carried, Cmn, Castorena moved for adjournment, seconded by Cmn, Helton. All ayes, meeting adjourned at 10:45 P. M, to Wednesday, September 29th, at 8:OO P. M. Respectfully submitted, V Me' 0, EWALD City Clerk o"o~o"~o"oIoI"I"~~wo"".o"~~I"~w~.~"Ioo"oo~oo~"o~"o'"""~ .. . ..