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HomeMy WebLinkAbout1954-12-14; City Council; Minutes3 .; I ;a p-i LL3 c fz 3 'I .. The city %ierk read a letter from bymond F. Ray, attorney-Eit- law representing Mr. E, c. Humme1 on Park Rive, urging that re- nedial action be taken at once to solve the drainage problem on Park Drive'. Mr. Anthony reported that he had done some work on the matter last spring, and last Thursday-had called a meeting with the property Owners on the street, at which Mayor Ncclellan was present, As a result of the discussion, b. Don prest expressed willingness to accept the amount of drainage that had come down in 1940, accord- ing to contour maps as the water had always gone that way, and the City Attorney advised that the water be turned in there. Mr. An- thony reported it had been decided to put in a 36* oulvert, He was asked to reply to the letter from Iklr, Ray. After a, 20 minute recess, the Council was reconvened at 9 :LO P OMf* Second reading was given proposed Ordinance #lO32, creating a Harbor commission, Pfter discussion, Cm, Ede moved the adoption of Ordinance as amended by three minor changes, Seconded by Can, Sutton. Ayes, Cmn, Ede, Sutton, Helton; nays, none; motion carried, City Clerk Ewald read reports from W,W, Rogers and Claud - Fennel, appraising the parcel of the Robert Tillman property ad- joining .the City Park property at Pine and Pi0 Pico, at $1650~00 and $1550.00, respectively. The two reports were filed for future inf ormat ion'. ktter from League of California Cities advising that a resolu- tion had been passed at the 56th annual -confexence that proposals for uniform sales tax be presented to the California Legislature this wfn- ter; and outling such proposals. Cmn. %%ton moved that the City AtLorney be instructed to draft a resolution indicating the Council's support of the proposal for uniform sales tax throughout the State of California. Seconded by Cmn, Ede. A11 ayes s motion carried. City Clerk Ewald read the Police Report for November,-:.l954, as follows: Arrests - - - - - - - - - 2 Acofdents - - - -- - - -9 Traffic Citations- - - - 51 General. cases- - - - - -322 Approval of the minutes of the meetings of November 2~3, November 16th and November 23rd was deferred until the next meting'. Cm, Ede moved the approval for. payment of the- pagroll to Decem- ber 16th, and of the bills to December 7th. Seconded by Cm. Sutton. All ayes, motion carried, Can, Sutton moved for adJournment to December 14th at 7:OO PoM. Seconded by Cmn. Ede, A11 ayes, meeting adjourned at 9% P.M. Respectfully submitted, M; 0, EwAI;D', City Clerk - -~""""""""""""""""""""""""""""~"""""" I "i' KUWTEk3 OF ADJOmD PEETING OF CABLSBAD CITY COUNCIL Dec..em 14, w Meeting called- to order by Wayor C, D. McClellan a.t 7:oo P.M. Present besides the byor were Councilmen kymond C, Ede, Claud R, Heaton and Robept M, %&ton, City Clerk Ivl, 0, Ewald, Public Works Di- rector Charles A, Anthony, City Attorney Bruce Smith, and PoLice Chief UO Max Pallrowski. Absent, Councilen Captorenab, 8. The 14ayor annougced that the purpose of the meeting was to hear protests and objections by any or all persons interested to the forma- tion of Carlsbad Sewer District No, I, or its extent, or to the cost thereof, or to the inclusion of. his property in said district, or to any one or more of said matters. City Clerk Ewald reported that ,notice of hearing was properly given, as shown by affidavit of publication of the ordinance of neces- sity and intention on file with him, and that since November 16, 1954. there has bee? on file in his office a map showing the exterior boun- daries of said district, with relatlon to the territory contiguous there- to, and the engineer's report Showing a more detailed description of the proposed improvement;: said maps being conspicuously posted for easy reference, and said report being available at this hearing. CAty Attorney Bruce Smith sumarized the proceedings up to this point, explaining reasons why the Municipal 8ewer District Act of 1939 was chosen as the legal machinery for the project, and giving figures as to interest on bondq, attorneys' and engineering fees as compared wi-th "other types of proceedings; under oath by the City Clerk and explained the project and its cost, using maps to indi.cate boundaries of the district, and explaining that the whole of said district will be benefitted by the project, pointing out that lending agencies have stressed the value of sewage disposal and better commitments are given on property accessible to the sewer system and the very fact. of being included in a district having sewers will increase land value'. Mr. Phelps answered questions from the audience as to costs, boundaries, charges for outsiders connecting to the system, etc, " 'bo Byrl Phelps, enghe-er of the proposed improvement, was put City Clerk %aid read a letter from Dr. Askew of the County Health Department stating that the present plant- is inadequate, and urging that more adequate. treatment facilities be provided to take care of the increased load, City Clerk Ewld read two protests: (1) from the Citizens' League for Better Government, signed by Louis v, Dyche, dated December 14th, stating that they feel that the entire City should bear the cost of construction and maintenance of the District rather than only those property owners within the District; and (2) from Iqr, J, M. Elliott, Assistant to General Manager of the Atchison, Topeka & Santa Fe Rail- way CompaGy, dated December 14, 1954, asking for exclusion from the District of- that portion of their right-of-way lying northwesterly of Beech Avenue and that portion lyin southeasterly of the center line of Chestnut Avenue, Iqr, Robert B, eurtis, attorney for the Santa Fe, enJlained- that they are not-protesting the creation of the District, as It seems to be necessary and urgent and the method proposed the proper one, but were asking exclusion on the grounds that the land, since acquired from the ,Government as an easement in 1881, has been used'exclusively as railroad right-of-way and that the-chances of its ever being used for any other thm railroad use are extremely remote'. He cited a suit brought by the railroad against the City of Manhattan Beach for exclusion of railroad property from a sewer district, In which the Courts ruled in their favor. Mr. Bonus, tax expert for the railroad, gave figures.listing the total valuation of the right-. of' way in Carlsbad as $74,000000, and of the property proposed to be excluded, approximately ~40,000,OO; of the land value of the entire right-of-way, $34,700.00, and of the portion to be excluded, $l~,OOO,OO. After a 10-minute recess, the hearing was resumed at 9:05 p.M:. cmn, Sutton asked whether the boundaries could be changed, with- out postponing the election.. The City Attorney stated that preparing new boundaries and setting 8 new election would consume so much time that the District could not be formed by February 1, 1955, and, if not formed by that time, it could not be done until the same time in 1956,- at whi.ch time- the Christmas Tree Funds will have. expired. can. Sutton asked if, because of the extreme urgency of the proalem and the fact that it will cost the. people money, the railroad company would not withdraw its protest, Mr. Curtis stated that the matter 3.1 would be given consideration since delay means a loss of $60,000.00 Mayor McClellan brought up a point made by f4r. Ernie Nejia that the method of the assessment for the retirement of these bonds has not been discussed,, The City Attorney stated that the bonds must be re- tired at the rate of a least l/4Oth of the principal the first year, so it is possible to have a bond of 40 years, but that the term of the bond should not exceed the life of the improvement. He stated that tlje %aterest rate will depend upon the Length of time the bond runs; the shorter the bond, the lower the Znteresi?'. He flgured roughly that the. levy would be approximately l2$ and Mayor McClellan pointed out that by comparison, the rate this gear on the last levy to retire the old bond issue is 7'6 andldf the City Attorney's f-igures are correct, the 7$ would be replaced, by a 12$ rate. Mr. Phelps was asked how many lots were included in the proposed district, and stated there wopld be I . about 1400 lots'. Government , was asked whether he ha8 any%king BurtReP%o sa fg ssp- port of his group's protest, and stated that he did not. $he city Attorney stated that the opinion expressed by the four unnamed at- torneys, as outlined in the second paragraph of this protest, was in '3 fact true binsofar as the argument -is concerned that the people includ- -i ed in the district would be solely responsible for the payment of 2 principal and interest of the bonds and the .operatior! and maintenance cost of both construction and maintenance, $ he district being formed would also be solely responsible for legal fees involved in the forrn- ation of the district, but it .is not a legal entity and my suits brought must be brought against the City of Cmlsbad, as the District could not be sued as such. Mayor WcClellan asked if. anyone else wk3he.d to speak, either for Mr* T. Le Cram, sy>okesman for he C Zen t L a for B te ..?I of the sewage disposal p1,an-t is concerned, bwt as other outside own- 3, ers connect to the system, they will also as ,ume their share of the I - or against the formation of the district. There were no further ex- pressions, so. he declared the hearing officially closed at 9:30 P.M. The Council was asked to consider whether it will accept or overrule the protests, After discussion, cnn, Sutton moved the.t the Council overrule all protests presented to it on the formation of Carlsbad Sewer.District No, 1, and to confirm the inclusion of the entire area established by the legal description and the ma,p present- ed tonight. Seconded by Can, Helton. Cmn, Ede asked whether it would be more acceptzble to make a separate motion regarding the pro- test of the Atchison, Topeka & Santz Fe Railroad, but the 'city At- torney stated that it was sufficiegt to include all protests in one motion. Vote on the motion: Cmn, Sutton, Helton, Ede, Wayor kclellan, no nays; Cmn. Castorena absent, -. proposed Ordinance #6016, establishing Carlsbad Sewer District No. 1, fixing boundaries a.nd calling election, was summarized by the City Attorney, after having read the title and number of the Ordinance in full, Cmn. Ede moved that full reading be waived, and th?.t such waiver constitute first reading =of proposed Ordinance 95016, Seconded- by Cmn, Helton, ayes, cm. Sutton, Helton, Ede, &yor I%Clellan; nays, none ; absent, Cmn. Castorena, Mr. Ernest 14ejia stated he felt the Council should emphasize that if the bond issue fails, the City v~ill be forced to take measures that will be a great deal more eqensive. The Mayor sta-ted he felt it would be improper for the Council $0 make such a statement, but that they appreciated Ibh* Me jia's comment and hoped he would state his views to his friends and neighbors. Mr. Curtis expressed his appre- ciation for the courtesy shown him in the matter of presenting his protest. I Applications for certificate of public :convenience and necessity for garbage collection were reviewed. The city Clerk was asked whether the applications had been submitted to the Chief of Police for checking and fingerprinting, and stated that they had not. It was decided to refer the applications back to the City Clerk and con- tinue. the hearimg, cmn * Ede moved that hearing on the a.pplicatior?s for garbage coJzlection be continued to 8:30 F.IVI., December Zlst, at which time a11 applications should have been .completely processed in accord.ance with the Ordinance, Seconded by Can, Sutton, A11 ages, 4.. motion Carried. The City Clerk read a memorandum from the Planning commission recommending the: appointment of the Director of Public Works as Dl- rector of Planning for the city of Carlsbad, by the Council, cmn. .Sutton briefed the Council on the provisions of Sec,-16.7 of Ordinance " #9005, which provides that the Director of planning may grant vari- ances up to 20% in cases where the need is obvious or the variance necessary in, order to conform with setbacks on adjacent property. The City Attorney stated tb-t this zppointment would not require an amendment to %dinance.&OOj. He explaned that the application for variance must be accompanied by the $lO,OO application fee and be submitted to the Planning Director with the consent of the owners of . adjacent property. Mr. Anthony was asked and sta-ted he would be will- ing to serve as Director of Qanning. Cmn, Sutton moved that the recommendation OE the Planning Commission be accepted and that the Director of Publis Vorks be designated as Director of Planning for the City of Carlsbad'. Seconded by cm. Ede, A11 ayes, motion carried City Clerk Ewald read a letter from the Division -of 'Hi&ways sug- gesting thp,t if the Council wishes it nay authorize transfer of a sufficient sum fron the construction funds .to the plans and survey fund to pay the bill from Byrl Phelps, which is Sl900.00 up, to this point, on the Elm Avenue project. After discussion, Cmn, Ede moved that the City Clerk be, instructed. to comply with all processes neces- sary to transfer $.$1500.00 fron the gas tax construction funds to the plans and survey fund. Seconded by.Cmn. Sutton. A11 ayes, motion carried. The City Clerk read a letter fron E, G. Kentner, pres"ident of the Carlsbad PuBlic Utility District, requesting tkt the. Council proceed.with the proper legal steps to acconplish transfer of the sum of $5983.55 from said District to the .City of Carlsbad. Referred to the City Attorney for preparation of transfer. There being no further business to come before the Councfl, Cmn. I S,utton moved for adjournment, seconded by Cmn. Helton. A11 ayes, meeting adjourned at 10:30 fP,N. Respectfully- submitted, M. 0. EWaD, City Clerk """"""""""" "- """"" MINWES OF NEETING OF CAGSEAD CITY COUNCIL' - lqeeting called to order at 7:15 P.lkl, by Major I"k.$Lellan. Present besides the Mayor were Cmn. Helton, Ede, Sutton, City Clerk Eli&ld, Public Works Director Anthony, City Attorney .Smith, Police Chie Palkowski'. Reading of the minutes of the previous meeting was deferred. The following communications were read by the City Clerk: Receipted bill from v, Lebedeff Compmy for sheet metal work done on the municipal building. The City Clerk was asked to wyite a letter of apreciatton'. l'lemorandum from the City Clerk to the Council, requesting that Norman D, Whipple, 2597 Jefferson Street, be appointed Assistant Civil Defense Diredtor. The lvIayor stated he would like to take the matter under considerntion before making the appointment. ktter from the Ocesnside-Carlshad High School District re- questing that a member be appointed to serve m a citizen's-advisory committee to study urgent needs for additional high school housing, the first meeting of -which will be held at 7:3O ?,PI., January 10, 1955, in College Hall. It was felt that the Council members had too 1 free time to undertake such an appointment, and it was decided to appoint someone outside the Council, -possibly a member of one of the Commissions,