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HomeMy WebLinkAbout1954-11-23; City Council; MinutesI. ;J ”4 n 4 6.4 5 I I .. 3: Cmn. Helton moved that. the meeting. be .adJourned to November, 23rd at 7:OO P. M. Seconded by Cmn. Castorena. A11 ayes, meeting adjourned atF10:15 P. M. Respectfully submitted, V . .Me 0 . EWALD, City Clerk .l~.~”..”L~-..”””~~”-~~””~”~.”~-.~~~~~~”~~”o.~.~..~~~.”~.~ .. . < MINUTES OF ADJOURNED XliEETING OF CARLSBAD CITY COUNCIL November 23, 1954 Meeting .called to order at 7:OO P. Mi by Mayor McClellan. Present besides the Mayor were Councilmsh Ede, Sutton, Castorena, Helton, City Clerk Ewald, Public Works Director.Anthong, City Attorney Smith, Police Chief *Palkowski . Is The Mayor submitted for the approval of the Council the name of Morton aielsen for appointment to the Parks, Recreation, Beach and Tree Commission, to complete the unexpired term of Joe Gastelun, ending Au- gust 8, 1955. Cmn. Ede moved that the appointment of Morton-Nielsen’ .to the Parks, Recreation, Beach &.Tree Commission, be approved. Sec,ond- ed by Cmn.. Castorena . All ayes, motion carried. . ’ Discussion was resumed on proposed Ordinance #1032, creating a Har- ‘ bor Connhission.. Cmn. Sutton repeated his objections to the Ordinance on the grounds that it created an oveplapping of functions; that he felt very strongly that the Planning Commission should be responsible for the ,over-all piLannlng 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 objectionablr or a hindrance, the different agencies working in conjunctibn with each other should prove helpful. Discussion was suspended temporarily to discuss the-zpatter of tele- phone service and installations in the new building. Mr. C. I. McDonald of the Pacific Telephone & Telegraph Company was present, and was asked to review the situations as it now elrists, and gave a breakdown on the monthly costs, as follows: City Hall ............... 2184 ...........$ 22.10 Fire Dept .......... (sig.) ............ 5.35 Fire De@t ........r.(bu~.13461 ........... 7.25 Firs Dept ..........( emer14422 ........... 10.35 Police Dept ... i......... 8221 ............r2j.15 Cmn. Sutton proposed that the Council investigate the possibility of changing the present four separate lines to a rotary service with four or five 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. ’ Nr. McDonald 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 wbrk 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 furthep 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, Cnn. Sutton moved that the Council request a survey of the City’s telephone situation by the Pacific, Telephone & Telegraph Com- pany. Seconded by Cmn. Ede. All ayes, motion carried. The Mayor asked whether anyone present wished to .commept, hut none were made. Discussion was resumed on the Harbor Commission ordinance, Mr. David Baird and Mr. Leo Wi1,liams urged immediate action on the Ordinance. Comm. Stringer, the Planning Commission’s Harbor 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- DZng Commission will welcome the creation of a Harbor Conmission and he <, personally did not beli.eve there would be any objections from anyone. He stated he intended to have some information from Hewport and possibly San Diego before the next meeting, Mr, B, M, Christiansen also stressed, the urgency of getting the Commission created. and operating, Cmn, Castorena moved that first reading of proposed Ordiance #lO32, creating ii Harbor Commission, be waived, making the change from a 5- to a ?-member Commission, and that the .City Attorney be instructed to fix the terms of members to serve on the Commission; and that such waiver constitute first reading. Seconded by Cmn, Helton. Cim, Sutton stated he was going to vote "yes for the principle, but not for the content of the ordiance.. Vote on the motion; ayes, Cmn. Castorena, Ede, Helton, Sutton, Mayor I'IcClelAan; nays, none, absent, none, IJIayor McClellan informed those present that the ordinance will come up for second reading on December 7th, and, if adopted, will be- come final 31 days thereafter, He suggested that the various agencies which have proposals as to members of the Commission, make their.pro- posals in writing, making certain that persons recommended are willing to serve; that the Council as a whole will make the appointments, City Clerk Ewald read a letter from Paul Waggener, 170 Pine &e= nue, protesting the formation of the proposed Sewage Disposal District on the present plan, as his group (Citizens' kague for Better' Govern- ment) believes that the entire City should be incorporated into the district, City Attorney Smith explained that in constructing any muni- cipal district you can charge only those whose land is benefitted; that the assessment is dependent upon benefits being accrued to the proper- ty; that when services are extended beyond the area, a fee must be collected frorh those who do not pay for the capital iaprbvement, It was emphasized that the "Christmas Tree" funds belong tb:the whole City, and that those outside the district will participate to that extent, which probably entitles them to more grounds for complaint than people living in the area. Mr. Byrl Phelps was present and explained how the situation has been handled Bt hcinitas and Solana Beach, where fees paid by persons not originally assessed were put into the general fund of the district, and used for operation of the plant. He stated that people on the east side of the freeway, when they are ready to come in, should pay a con- nection charge, The City Attorney stated that no direct action can be taken by the Council as it is not known at this time what the Connec- tion fee will be, but the Counoil can make a statement of intention, Cmn. Ede moved that it is the intent of the Council that all areas not included in the proposed district will, when they annex to or re- ceive benefits from the distrlct, be required to bear the same propor- tion of the cost as will be borne by those who are presently to be included,; that it is also the intention of the Council to add any new areas into .the maintenance and operation district, and as such they would be liable for the tax necessary. Cmn Helton seconded. Vote on the motion: ayes, ,Castorena, Ede, Sutton, kelton, Mayor I%Clellan; nays, none, absent, none, motioh carried. .. Second reading was given proposed Ordiance #5015, an ordiance of necessity and intention, and setting hearing, After discussion, Cmn, Sutton moved the adoption of Ordiance #5Ol5. Seconded by cmn, Helton, Ayes, Cmn,,Castorena, Ede, Sutton, Helton, Playor McClellan. Nays, none, absent, none, Ordiance adopted, Mr L, V, Dyche, temporary chairman of the Citizens' League for Better Government, announced that his group is meeting on Sunday at l:3O P.M. to discuss the proposed sewer plant plan. The City Clerk was asked to contact Nr, Waggener and, ask whether they would care to have members of the staff meet with them to discuss the matter and answer any questions that may come up regarding the proposed proceed- .ings; and also that they make the meeting public, so that anyone inter- ested could attend, The City Attorney and Mr. Anthony were asked to meet with the group if such arrangements are made, After a 15-minute recess, the Council was reconvened at 9:25 P.M. The application for plan preparation funds for the Elm Avenue Improvement project was discussed. Mr. ByrZ phelps explained how the estimate was arrived at, and stated the application is for funds to complete plans for the entire job, to tie down the plan money; that if the entire amount is not required on this particular work it may be transferred to some other project, perhaps for the sewer up Chest- .- ,. 3-1 nut Avenpe. 'Phe application is for 82250.00, which will leave approx- imately $560 .OO unapplied for. b. Phelps showed a paper tracing of the work to be done, which will be put into ink. Cmn, Sutton moved the adoption of Resolution #l46 involving the expenditure of $4500.00 Tor plan preparation for the Elm Avenue Improvement, and authorizing application for sb;ZZ5OOOO frola Cbpter 47 Funds. Seconded by Cmn. Cas- torena. All ayes, motion carried. The question of whether 8 two- or four-lane street is bo be constructed was discussed. It was pointed out that there is only 44 feet -between trees in some instances (across Elm Avenue), and that a two-lane street would require 44 feet. Mr. Anthony stated that I'r. Beuthel was hesitant to go along without taking out the trees, as they will be weakened by the cutting of the ground. My. Phelps stated he would make a large scale map showing the trees and a. rough estfrnate of what a two-lane job will cost as against a four-lane job. After further discussion, the Council decided to hold a public meeting after the sewer bond election, so that the public may become informed as to the problems involved. Cmn, Sutton moved that the Council hold an open hearing at 8:OO P.M., January 18th, pertaining to the Blm Avenue Im- provement. Seconded by Can. Edeg All ayes, mot-ion carried. Mr. phelps suggested that Iqr. Beuthel be asked to sit in on the meetlng, as he would.'!be of great help, I .3 Iqr. fhelps urged that something be done on the sewage disposal p.-! site right after the election, as condemnation proceedings will take * about -thirty days. e. .A 3 The reoommendation of the Pia-nning Commission that the request of the Commission for reclassification from R-2 to E4 of Lots 43 to 46, Block #'An Hayes kdditiorj to the Town of Carlsbad, be approved, was dis- cussed. . emn. Castorena moved that a hearing be set for 7:30 P.M. on December 7th to discuss the reclassifioatfon of said roperty, as recom- mended by the Planning omm mission. Seconded by Cmn. &.~tton. A11 ayes, motion carried. After further discussion, it was decided to defer hear- ing on the matter to a later date, since there was no urgency. Cmn. Castorena moved that his former motion be rescinded (with consent of the second) and that hearing on said application be held on December. Zlst, at 7:30 P.M. Seconded by Cmn. Sutton. All ayes, motion carried', 1 1byor.PkClellan stated that he had had a complaint from a local contractor on the manner of authorization of the tree trimming, and that this contractor had asked that any further tree tramming be opened for bid. The Mayor stated he would favor calling for bids on any addition- al work. After discussion, cmn, Sutton moved that bids be requested for the pruning. of the next thirty most dangerous trees (to be deter- mined by the Director of Public Works in consultation with the Parks, boreation, Beach and Tree Commission] payment to be made on or before by 1-5, 1955; said-bids to be presented to the City office on or before December 20t& to be opened at the Council meeting of December Zlst', Seconded by mn. Castorena. All ayes, motion carried. A letter of resignation from John E. Garcia was read, explaining that due to his working out of town he will be unable to oontinue as a member of the Planning commission. No astion was taken, the Mayor stating he will make a new appointment before the next meeting, if possible. Mr. Anthony reported on the boundary matter, stating that Plr, Ebrlght had come in and stated he would like to have his -property tthe Qld cemetery property) be taken. into Oceanside. Mr. Anthony described how,. by drawlng a line at right angles to Vista Way, the boundary could be straightened out, and this area relfnquished to Oceansfde. . The City Attorney stated that no action should be taken until after the bond election on January llth, as any change of' boundaries will negate the whob proceedings'. I There being no further business' to come before the Council, cmn. Helton moved for adjournment, seconded by cmn. Sutton, All ayes, meeting adjourned at 10215 p.P1. Respectfully submitted, M. 0. EWALD, City Clerk 3:$ NmUTES OF ADJOURNED WEET.mQ .OF .CABLsBAD CITY C6trNClt.L br .7, m Meeting called to -order at 7:05 P.M, by Acting Mayor Helton', Present besides the Acting Mayor were Cmn. Sutton and Ede, City Clerk Ewald, Public Works Darector Anthony, City Attorney Smith, Police Chief Palkowski'. Absent, Mayor I"IClellan, Councilman Castorena. Consideration, of the minutes of the previous meeting was de- ferred until 'later, The City clerk read the following correspondence: Pe in ci htte-r signed by Boy L, Baird making application for special rmit to opeFate an automobile wrecking yard at 3191 Tyler Street the City of Carlsbad, to be operated by himself and hn Eckhardt. ty Attorney Smith quoted from Section 9 .of Ordlance &OOg provid- ing that such operations can be conducted in an "1 zpne if enclosed by a, 6-foot wall, b, Anthony state& he could see no objection to it on' account of the location and the fact that it w.ould give em- ployment to a number of people, After discussLon, Cmn, Ede moved that a special permit be granted to Roy Baird and Dan Eckhardt to conduct an automobile wrecking yard at 3191 Tyler Street, providing all restrictions and provisions of Ordinance &OO5 and Ordinance #6005 of the City of Carlsbad aye met. Seconded by .Cm, Sutton', All ayes, motion carried. The City Attorney stated that an excerpt por- tion of the minutes sent to the applicant, with a letter, would be sufficient authority, Letter from Division of Highways enclosing billing bg Mr. Phelps for f'ieid work and engineering work for the Elm Avenue improvement, approving pgment of %lO.OO,OO from the Gas Tax funds, and suggesting structio? funds. Deferred until later, City Council, of the Citizens' League for Better Government,-express- ing ocposition to the present plan for financing construction of the sewage disposal plant, and offering alternative suggestions. Also read w the Mayor's reply thanking him and stating that the letter would re- ceive consideration, Both letters deferred until the public hearing on December 14th. ' that if the City wishes, a transfer may be made of funds from con- Letter from T, L, Crom. Chairman of a Committee to Contact the Letter from the County of Snn Dieio, signed by fkb. Tarshes, advis- ing that the County Counsel is preparing a draft of agreement between the County, the City of Carlsbad, and the Escondido Humane Society, on dog control, which will be submitted to the Council, No action at this time . Two letters- from the Office of Civil Defense on dispersal and evacuation plan, City Clerk Ewald stated that the civil Defense is tak- ing more time than he is able, to give it and requested that the. Council appoint an Assistaslb Director'. There was no aotion, ment plan. After some discussion, Cmn. Ede moved that the 8 ity Council go on record as favoring the retirement plan for the Carlsbad Mutual Water Company, There was no second.. Cm, Sutton moved that the Counoil go on record against the plan until all water assessments are stopped, There was no second, 1%. Anthony, as a director of the, Water company, explained that the Company felt that puttfngin a good retirement plan would result in far less turnover and greater efficiency from employees, as it has been their experience that it takes three months to break in a new man and often at, the end of that time the employee leaves for a job with a better future. He stated that this is the only water company in Southern California which has no pension plan; and that the quicker they can get a crew who can do the work, the quicker the assessments will be Cut dovm'. He also mentioned that the recent improvement and replacement Of obsolete fa,cilities has resulted in the company now being worth ~8~~,~~~~0~ as against $105,0OO,OO a few years ago, The letter was filed with no vote on the question. Letter from the Carlsbad Mutual Water Company regardin a retlre-