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HomeMy WebLinkAbout1954-11-16; City Council; MinutesI 3 "3 sf3 < pr4 3 I I MINUTES OF MEETIWG. OF CARLSBAD CITY COUNCIL Hovember 16, 1954 Meeting called to order at 7:OO P. Id. by Nagor McClellan. Present besides the Mayor were Cmn. Ede, Castorena, Helton, Sutton, City Clerk Ewald, Public Works.DiPector Anthony, City Attorney Smith, Police Chief Palkowski . Reverend Lockerby opened the meeting with a' short prayer. City Clerk Ewald read the following correspondence: Letter and check. from A. A. Xarron making application for Certifi- cate of Convenience on garbage collegction. Letter from Mr. and i!drs. Frank Small protesting against the methods of George Kraft, Jr., present garbage collector. Both letters deferred until later in the meeting, Letter from Gladys Vance Ogborn enclosing check sent her for pay- ment of census enumerator work, endorsed back to the City with the ex- planation that she wi'shed to contribute it toward expense of taking the census. The City C.lerk was asked to accept it with a letter of thanks. Report from the 3oard of Fire Underwriters of the Pacific, advis- ing that the grading is cor?,plete and has been .sent to San Franc,isco for final processing, enclosing two copies of recommendations. Report cir- culated, to members of the Council to be.discussed later. Letter from the Junior Women's-Club endor'sing Xr. Cannon's offer Letter from the Oceanside-Carlsbad High School District, request- ing cancellation of taxes on a parcel of property recently purchased from Nr. and Mrs. Thomas Gunn. ' Cmn, Ede moved that the request of the Oceanside-Carlsbad High Sc hool District for canceilation of taxes on the Gunn propezty. Seconded by Cmn. Sutton. All ayes, motion carried. Memorandum from the Planning Commission recommending that the re- quest. of '??, D, Cannon for extension to June 30, 1955, for approval of final map of Terramar #L+, be approved. Also letter from I!iIr, Cannon on the smae subject. After discussion, Cmn.. Ede moved the adoption .of a resolution authorizing the extension of time for approval of final map of Terrarmar #4 to June. 30, 1955. Seconded by Cmn. Helton. Cmn. Sutton questioned whether such an extension could be legally granted, but the City Attorney stated that there is no limitation on extensions which 'may be granted, other than on the original filing period,. Comm. Swirsky of the Planning Commission was pesent and stated that according to the map brought in to the Commission by Mr. Cannon, the offer to the County involved an indeterminate amount of land, whatever they would need, part of which is within the boundaries of Terrama.r Unit #4. , Cmn. Sutton announced that he would vote against the motion for the rea'son he.felt it needed further study of the map. Vote on the motion : four ayes, one nay (Sutton) for lack of study. Motion carried. of land for a County Regional Center. Memorandum from the Planning Commission recommending that the ap- plication of G. D. hklean, 2740 Arland Road, for rezoning from E-2 to R-1 of the westerly 175 feet of Lot 5, Wilsonia Tract, be granted. Can. Castorena 'moved that a hearing be set on the McLean application for re- zoning on December 7th, at 7:30- P. M. Seconded by Cmn. Ede. All ayes, motion carried. The City Clerk reported that on the recommendation from the Parks, Recreation, Beach and Tree Commission concerning an option on the Till- man property, he had asked Mr. Claud Fennel 'and Mr. W. W. Rogers to make an appraisal of the Tillrnan property. Memorandum Prom the Parks, Recreation, Beach and Tree Commission suggesting the names of Morton,Nielsen or John n4axwell to fill the va- cancy created by the resignation of Joe. Gastelum from the Commission. Deferred until later. The proposed change of boundaries between Carlsbad and Oceanside was discussed. Mr. Anthony pointed out that two of the parcels are mere- ly strips of pavement, and that the third, involving the cloverleaf at Vista Way, has been the scenb Of S:fx accidents and his recommendation, 78. d - supported by the Chief of Police, is that they be relinquished to Ocean- side, It was suggested that the Planning Commission should look these changes over, and Cmn, Sutton moved that action be withheld until the recommendation of the Planning Commission is received. Seconded by Cmn. Helton. All ayes, motion'carried, Biiayor McClellan suggested that the , Skate Highway Department maps be given to the Planning Commission, along with the rest of the file on this matter; and also pointed out that on the south edge, running 0u.t into the lagoon, there are some lots which have frontage only on Vista Way, and if this relinquishmant is made this Carlsbad property.wil1 have to front on an Oceanside street, which will leave these people without services,, particularly sewer. The City Clerk read Notice of Public Hearing on the request of Henry and Pauline Wue.ste, Altadena, for reclassification from R-2 to R-4 of Lots 39 to 42, inclusive, Block A, Hayes Land Addition to the City of Carlsbad. The recomrnendat.ion of the Planning Commission for ap- proval of the application was reviewed.. There were no oral or written probests, After discuss'ion, Cmn. Castorena moved that the recommenda- tion of the Planning Commission be accepted, and that the City Attorney, be instructed to prepare an ordinance to accomplish the c-hange from' R-2 to R-4 .on the Wueste property, Seconded by Can. Helton,.. AJ.1 ayes, mo- tion carried. Recommendation of the advisory Library Ccmmittee, appointed by. t,he Co-Ordinating Council to study the library problem in Carlsbad, was read. Cmn, Ede stated that after considering the ordinance creating. a library commission, which received first reading on Novemberj2nd, the Committee felt that the duties set forth would apply only after a City.Libsary is established, and this should be clarified. The C3ty.Attqrne.y stated that he and Mrs. Steen, .c.hairman of the committee, had discussed the matter, that he expressed his opinion that the ordinance was designed to cover the present as well as the future situation, and that she then. felt sat- isfied with it, Cmn, Ede".stated the Coun$y Would not commit themselves on the matter of more books until they can be assured of another year at the same location; in view of which the Cpmmittee recommended that the property be leased for another year and the contract with the County be continued another ye'ar, also that janitorial services be provided, It was also mentioned that perhaps the building lease might'include pay- ment of utilities by the Catholic Church, which w.ould be of material assistance, The Commi$tee also recommended that in the budget for 1955- 1956, an item be included to cover payment of some additional salary to the present librarian so that she. could put in more hours than are now available under the terms of the County contract. (The County's rate is based on circulation of books). The Committees .felt that'during the next year the Commission could look into the formation of a City 11- brary, I The City Attorney reminded the Council that it could not enter into a binding contract beyond the fiscal year,. but that,it could signify its intent to continue beyond tlie fiscal year, After discussion, Cmn, Ede moved that the City Council express its intent to maintain'the present library quarters, or qtiarters of comparable size, Tor. another fiscal year from July 1, $1955. Seconded by Cmn. Sutton. All ayes, motion carried. It was decided that the item of budgeting more salary could not be taken . up at the present time, Second reading was given proposed Ordinance #1037. Cmn. Sutton c questioned the wisdom of having a chairman or secretary elected only until A.pri1-of next year, and suggested that the term be one year from date of election or appointment. No change was made in the ordinance. Cmn, Ede moved .the adoption of Ordinance #1037, creating a Library Commissfon, Seconded by Cmn. Helton, Five ayes, no nays, Ordinance adopted. He requested that a copy of the Ordinance be sent. to Miss Hahn with an explanation that the duties outlined will not interfere with the agreement, and that it is the .intent of the Council to maintain the pre-. sent library quarters for another year, The City Attorney was asked to. write the covering letter, City Clerk Ewald reviewed the recommendations of the San Diego Gas 8c Electric Company, dated July 1, 1954, outlining location and type of proposed street lighting installations, including replacement of e&- isting street lights were originally contracted for by the Chamber Of Commerce and later transferred to the City and are now being,,paid for out of general or traffic rrafety funds. The City .Clerk read letters of protest bearing signatures of 316 per,sons, Many protestants were present in person; those speaking against I. "3 "i a < e J I, I 2 the proposed lighting district being W. H. Shull, Paul Waggener, Charles Coopman, Mrs. Myrtle Ogborn, Mrs.. Eva. .Felt, L. Buchart, Louis V. Dyche, W. D. Marstens. Many of those .prese.nt- had been inaccurately informed as to the cost per lot, and Mayor McClellan explaiaed that the cost was figured on ad valorum valuation, approximately 16.g per $100,00, or'about $4.80 on a $3000.00 assessed valuation. Mr.. Jbhn Wier of the San Diego Gas & Electric Cbmpany stated that the 16# is to coaer the cost.of the .installation, the maintenance, .and the energy., but explained that the cozl pang is seeking a rate increase, and that the stated dost would be sub- ject to any increase in rates. After discussion, Cmn. Ede moved that, due to the great number of protests; proceedirigs for the lighting dis- trict be terminated at this point. Seconded by Cmn. Castorena. All ayes motion carried , After a 15-minute recess, during'which Cmn,-Ede was excused, the Council-was reconvened at '9:fO P. M, Mayor McClellan announced the appointment of Joe Piper of 4334 High- .land Drive, as.. "Safe: Driving Day" director, and that the San Diego Traf- fic Council was so advised, The City Aktorney reported that O'Melveny & Myers have prepared proceedings for the formation of a Sewage Dis osal Plant District and the.election, proposing that a bond issue of 8 60,000,OO be requested, He explained that:the total %extimated cost of the plant would be ap- proximately $110,000,00, of which application can be made for reim- bursement from the "Christmas Tree Fundn of'approximately $!j&,OOO.OO, leaving approximately. #~6,000.~00 to be raised by bond issue. This will be voted on by only the people residing in the area to be served, and the bonds wi-ll be general ,obligation bonds of the City. of Carlsbad, to 'be paid by levying of an.ad valorum tax upon the land involved, a rough calculation,being that 22$ rate would be required.. The attorneys'sub- mitted a proposed schedule for the procesdings;which would contemplate an adjourned meeting on November 23rd to adopt the ordinance; a hearing on December 14th,, and the election on January 11th- After discussion, Cmn. Castorena moved that first reading of proposed Ordinance #5015 be waived, and that such waiver constitute first; reading. Seconded by Cmn. Helton. Four ayes, no nays, motion carried, ' City Attorney Smith read a letter from O'Melveng.& Mge,rs, to 'the City Council advising .that their fee will: be $500.00, $250.00 payable follow- ing the canvass of the election-returns and the remainder following is- suance of' the final opinion; ho*ever, should be election fail, the fee would be'$250.00, After discussion, Cmn. Helton moved that the terms of' the OWelveny & Myers' letter of November 12th be accept.ed and their .employment authorized .on that basis. Seconded By Cmn. Sutton. All ayes, motion carried. Gity Attorney Smith stated he had examined the application for with- drawal of the application of the Carlsbad Sanitary District for engin- eeringfunds, and approved its format, but wished the City Clerk and Pub- lic Works Director to 'check the amounts and figures. He stated the en- gineering'funds must be used within one year after June 30,1955,while the construction funds must be used within one year after December 31, 1955. City Clerk Ewald stated he 8nd BBr. Phelps went to Los Angeles and dis- cussed the entire matter with the Department of Finance, and were advised that the forms were in order. Cmn, Sutton moved, the adoption of Resolu- tion #L!+!+, withdrawing the previous application for $3500.00 engineering funds, Seconded by Cmn. Castorena. All ayes, no nags, motion carried. Cmn. Sutton moved the adoption, of Resolution #145, requesting from the State an allocation amounting to $2940.00 for preparation of plans All ayes, motion carried. . for the Carlsbad Sewage plant and outfall -sewer. Seconded by Cmn, Helton. On'the application for the Elm Avenue Improvement, an explanation was .made of the reduction in engineering fees from $7000.00 to $5580.00, due to re-figuring'on the side street drainage, etc. Mayor NlcClellan stated he would favor withholding the matter at this time, since the time does not expire until June 30,1955,' in order to make application for the en- tire amount allocated. It was decided to put the matter on the agenda of' the adjourned session, if .it is ready for action at that time. Mr. Anthony stated that he cantt impress too strongly upon the Coun- cil or the pe.ople here the urgency of the disposal plant matter, as we are having to uge a pump practically all the time, practically 24 hours per day. He was asked to prepare a public statement for ,.the people so 36 they may become fully informed, Cmn, Sutton moved that Mr. Anthony be instructed the necessary facts, ,,figures a.nd data to fully explain to the general public the urgent necessity of rebuilding the sewage, disposal, plant, and that said information be placed in the hands of the local news papers for publicity,and the information of the people. Seconded by Cmn, Castorena. .. Mr. Castdrena suggested that the notice contain the fact that only the people served by the plant will vote on the bonds, There was further discussion,.sorne members feeling that the bonds should be for a longer term than ten years, if possible, The City Attorney observed that the life of the bond should not exceed the life of the improvement. He was asked to inquire of OrfSielveny & Myers i,f we have any alternative as to term, and also as to interest rates. He stated that the Council shoul. consider connection charges, etc., for people living outside the district who connect to the sewer, either by including them within the district by modifying the boundary, or requiring a connection charge, which fee would .be put into the bond redemption fund, Vote on the motion: all ayes, motion carried , Mr. Paul VJaggener stated he felt that the sewage plant is needed but that the entire community should pay for it; that one area should not have to carry the burden of the schools, where the children of fam- ilies living outside the area will benefit, Nayor XcClellan pointed out that the High School District has been approached as to whether, they . would participate in the cost of a sewe'r line 'up Chestnut Avenue; also that in view of the fact that the whole community is entitled to the matching funds, they would be participating in that manner. Proposed Ordinance #lo32 creating a Harbor Commission was discussed,. Cmn. Sutton. suggested that a 7-nian board %e created instead of a 5-man board, and objected that the entire scope of t,he qrdinance is. far too ' broad and overlaps jurisdiction of the Planning Commission and the Parks, Recreation, Beach and Tree Commission, Further discussion was deferred until later, hlr. Anthony reported that. Mr. Bowman of the, Valley Tree Service had offered, if he were given the contrzct to go ahead and t7im all the dangerous trees, to wait until later for payment, when funds became a- vailable. Etslrs. Felt, chairman of the Parks, Recreation, Beach and Tree Commission, was present and stated that she would like to see the work continue and told Mr. Sowman that she would ineet him, along with Mr.. IVestree, on Wednesday and go over the ma? with him, Cmn, Suttors moved that the Director of Public V?orks be authorized, in consultation with . the Parks, Recreation, Beach and Tree Commission, to authorize the.Va1- ley Tree Service to trim trees up to a cost of $2000.00, subject to tk approval of, the City Attorney of the Cityrs authority to so contract, Seconded by Cmn. Castorena. Mr. Anthony sta.ted that ldr, Bowmant.s offer was to take out 40 trees for $2500,00, but .it was pointed out that for any work costing over $2000.00, bids would have to be invited, Vote on the motion: all ayes, motion carried. The City Attorney was requested to render an opinion on .the matter. Discussion of the Harbor Commission Ordinance wa-s resumed. It was generally agreed that a 7-man Commission should be created. Cmn. Sutton stated he would like to see the whole thing toned down and revamped. Cmn. Castorena asked whether an ordinance could be passed without out- lining too many of their duties, since Carlsbad does .not yet have a ,har- bor, 'and then revise it when the harbor has become a 'reality. Mayor Mc- Clellan pointed out that there is a prospect of a lease on part of the lagoon and when that occurs it would require that the City have the du- ties assigned to some group. It was decided to discuss the matter fur- ther at the adjourned meeting to be held next week. The appli.cation of A. A. Marron for a Certificate of Convenience and Necessity was further discussed. Cmn. Sutton moved that a hearing be set to consider the application of A. A. Marron and any,other appli- cations received prior to December 2nd, on December 7th at 8:OO P. M. Seconded by Cmn, Helton, .All ayes, motion carried, The application was referred to the Director of Public Works. The City Attorney stated that the Police Depa*tment must fingerprint and make an examination as to moral background, etc., of the applicants. Cmn. Castorena moved that the payroll, as certified by the City Clerk, .for the period November 16th to December lst, be approved. Se- conded by Cmn. Sutton, All ayes, motion carried. Cmn. Castorena moved that payment be authorized of bills as listed and certified by the City Clerk, Seconded by Cmn. Sutton. All ayes, motion carried. py Cm, Helton moved that the meeting be adjourned to November.23rd at 7:OO P, I$, Seconded by Cmn, Castorena. All ayes, meeting adjourned at'lO:15 P. Me Respectfully submitted, V .Id0 0 . EWALD, City Clerk ~"""""""""""""""-"~~"""""~~-~"-~"~"~~""""~" *. MINUTES OF ADZOURNED HEETING OF CAF'SBAF) CITY COUNCIL November 23, 1954 Meeting called to order at 7:OO P. Id: by litayor McClellan, Present Clerk Ewald, Public Works Director Anthony, City Attorney Smith, Police Chief .Palkowski . , besides the Mayor were Councilman Ede, Sutton, Castorena, Helton, City The Mayor submitted for the approval of the Council the name of Morton Nielsen for appointment to the ?arks, .Recreation, Beach and Tree 3 Commission, to complete the unexpired term of Joe Gastelum, ending Au- 7 gust 8, 1955. Cmn. Ede moved thst the appointment of Morton-Nielsen' 1.J .- + .to the Parks, Recreation, 3each &.Tree Comxission, be approved. Second- ,,:; ed by Crnn.. Castorena. All ayes, motion carried. Discussion was resumed on proposed Ordinance #l032, creating a Har- on the grounds that it created an overlapping of functions; that he felt very strongly that the Planning Commission should be responsible for the over-811 planning of the ,City, 'including the Harbor; -that the Parks & Recreation Commission should be consulted and their advice taken as the prime recreation body of the City; that the policing should be done by the Police Department; that the Harbor Commission should be formed with the one purpose of developing this Harbor. Other members stated they had no objection to the ordinance and felt that instead of being objectionable or a hindrance, the different agencies working in conjunction with each other should prove helpful, ..$ ;.I \ ' bor Cormhission.. Cmn, Sutton repeated his objections to the Ordinance Discussion was suspended tenporarily to discuss the.patter of tele- phone service and installations in the new building. Vz. C. I. McDonald of the Pacific Telephone & Telegraph Company was present, and was asked to review the situations as it now exists, and gave a breakdown on the monthly costs, as follows: City Hall ............... 2181, ...*.......$ 22.10 Fire Dept .......... (bus.)346L. ........... 7.25 Fire Dept .......... (emer14422 ........... 10.35 Fire Dept .......... (sig.) ........... 5.35 Police Dept .............. 8221 ..,.........r25.15 Cmn. Sutton proposed 'that the Council investigate the possibility of' changing the present four separate lines to a rotary service with four or fXve incoming phones, with only one number other -than the emergency fire phone, and that a survey be requested of the telephone company to see what could be accomplished, ' Mr, XcDonald stated that -it ,was unfor- tunate that the matter did not come up before this time, as the new di- rectory is on the press and rolling, but stated they would be happy to have an engineer confer with some one in authority and work out work out whatever type of service the City would require. He stated that normally the Police Department and Fire Department are isblated from other City business, to avoid any delay in incoming emergency call, etc. Mr. McDonald further stated that he did not believe there would be any material change in the charge with the proposed rotary service, and gave a technical explanation of how the proposed system would work. After discussion, Can, Sutton moved that the Council request a survey of' the City's telephone situation by the Pacific, Telephone & Telegraph Com- pany, Seconded by Crnn, Ede, All ayes, motion carried. The Mayor asked whether anyone present wished to comept, hut none were made. Discussion was resumed on the Harbor Commission ordinenee, Mr. David Baird and Mr. Leo Williams urged immediate action on the Ordinance. Comm. Stringer, the Planning Commission's Earbor representative, stated that a request had come in to the Planning Commission for rezoning of a poption of the harbor area to "Marina" zone and that he felt the Plan- ning Cor.mission will welcome the creation of a Harbor Colmission and he