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HomeMy WebLinkAbout1954-12-21; City Council; Minutes$0 motion Carried , The 'JitJr Cl.ei*k read a memorandr;~ fronl the i'lavl'nla~ CommSssfor~ recornmend.ing the. agpointment of the Director of h.blic, Works as Di- rector of planning for th2 City of CarlsSad, by the Counsil, Cm, Sutton briefed the couc311 on the provisions of Seo.-16,7 of O.rdSnance . #CgOO5, which provides tb.% the Directoro of 3lanning may grant vszi- mces up to ZQ$ in ~88~s where the meed is obvious or the variance necessary ijl- order to conforn with setbacks on adjacent property, Ex City Attomey stnted th2,t this B;a:>ointrnent would not require ar aneadment to Ordinance. $9005. He expl_z.t3ed that the a>plic?-tion for variance must 'ne accompanied by the $lO,OO application fee and be submitted to the planning Director with the consent of the owners of ad j8-cen-t property. i'k, Ainthony was ~slced and stnted he would 1:e will- ?.fig to serve as Directuor of Planning, Cmn. Sutton moved th8.t +,he recom1nendation of the Pls-nning ~omisslo_rt he accepted 8x16 tht the Dfrector of' hblis ~~o~ks be d.esigna-ted as Di??ector of Planning for the City of Car1sba.d'. Seconded by Cmn, Ede, A11 ayes, motink? carried City Qe~:r El,.nld yead a letter fyom the Division -of Hickwags ELI^- gestirn~j: thrt If the ~oumcil wishes it may authorize transfer of a sufficlent sum fron the construction ftlnds to the plans and survey fund to p.y the bill. from ayrl Phelps, which Is $13@0.@0 uy, to this poir?t, on the Elm Avsxjue 'project, After discussion, Cm, Ede moved tha% the City clerk he. instruzted. to conply with all processes neces- snry to transfer 4l500,OO fron the gas tax constructlor? funds to the plans and survey fund. Secmded by. CXL. Stattm , &A. ayes, no.t;fon carried e The City Clerk read & letter f?xm E, G, Kentney, pres2o'en.t of the Carlsb;id Public Utility District, requestln,.; tbf; the ;-.o1Aj2ci]- r7 proceed ,with the yroper legal. steps %o accoaplish transfer of %he . SUFI of $983.55 from ssid District tc the .Z=itp of Carlsba6, kf'eyred to tFtc c!ity Attorney for prepzration of trznsfar. Theye belng no further buskness to come before the Counei.1-, Cmn. , Sutton moved for adjournment, semnded by Cmz, &lto-n, All ayes, meet;icng adjourned at 10:?0 Y,M, Kes2ecttully- submitted, €$I 0, EWALD, City C1el.k "- """"""""""" I" """"" K 14nrTp2u:S c:~ MEETI~~G c;p CA-FZIJS~~AJJ CITY C~LT~CIL , u p,y 7. 1"Ieeting called to crder at .7 :I5 ?,PI, by kjor %CLellan, Present, besides the? 1f12,yor were Cmn. Helton, Edc, Sutton, City Clerk &dd , Public Works Directcr {Anthong, City Attorney .Smith, gd.$ce Chic Ke,?dlnS of tht? mi~~~tes of th5 previous me6tii:g was deferred, PKLkovjsk 1'. The following ccmnunications were read by the city (r vlerk: Keceigtec! bill fron v, Lebedeff Conpmy fcr sheet netal wcrl doae OE the mu.r~ic.ipal. builciing, The city Clerk vms asked to rite a, let;tcr of' ay-wecintkon!. %rncrandsrn Prom the :;ityv Clerk to the Cou.ncF1, reamsting that k~mm D, Whi:>pZe, 2597 jeffesson Stmet;, be apointed &sis.t;a~t; Civil Defense Dil-egtor. ine k:ayor state2 he uroulc! like tc. take %he n~tte~ under consideration before making the apointmenS, mr ktter from the Oc~~-ns%de-Carlsbad 3i~:h SG~OO~ District re- questing th:?,t a snember be appointed to serve m a citizen's-a,dvisory committee to study argent Deeds for additional. high school. housing, tke first, meeting of-v7'u;ich will be held. at 7 :3Q 2.Eii,, J,anu~.~y 10, 1955, in College &ll. It was felt that the 'Jouncfl members had. too : free time t9 uuldert&e such an z~ppointment, an4 it; wc?s decided to appoint someone outside the ~OUTJOS~, ~os~i'((?ly a olember of one of the Connissions, . -. =&' - .. htter from kwis E. Chase asking what was being done to Letter from Gellinger Corporation outlining plan to construct solve the drainage problem on Park &venue. Referred to Nr. Anthony'. a community septic tank which will serve 33 lots in Carlsbad ?states, which will become the property of the City of Carlsbad, to be main- tained by the City. Deferred until the Public Works Director's report. Second reading was given proposed Ordinance # 5016, oreatlng Carlsbad sewer District No. f, fixing boundaries and. calling election'. cum. Ede moved' the adoption of Ordinance #5016.- Seconded by cmn. Helton. Vote:: ayes, Cmn. Ede, Helton, Sutton, Iqayor I4cClellan; nays, nbne; absent, cmn. Castorena'. Mayor McClellan stated thd.t due to some misconception as to the opinion expressed by the City Attorney on the matter of charges to outsiders connecting to the sewer. system, he had taken the liberty of printing, over his signature, an explanakory-item'. The item.was read to the Council. Also read was a written opinion of .the City At- torney as to the legality of imposing,a charge upon the people resid- ing outside the territorial limits of Carlsbad Sewer District No. 1, stating that the improvement is to be h5ld in trust for the inhabitants of the District by the City of Carlsbad; and when the City collects any fees for connection, they must be held in trust to be a plied (1) to repayment of bonded indebtedness of the District and (27 if no honded indebtedness, then to maintenance and operation of the District. It was brought out that if 6here should be enough money in the sinking fund to pay the amount on call for that year, no levy wauld be made on the inhabitants. After considerable discussion, the City Attorney was asked the draft a proposed resolution stating the Council's intention to-a3opt an ordinance setting forth the specific terms under which outsiders would connect to the system, .The City Clerk read a recommendation from the Planning Corn- ncission that the application of A, L, Nevares, 3135 Rooaevelt Street, for reclassification from R-3 to c-1 of properey described as all of B.Iock 32, Carlsbad Townsite, located between Roosevelt and Tyler S-treets, and between Oak and Pine Avenues, be approved. After dis- cussion, Cma. Ede moved that a hearing be set on the Reclassification to C-1 requested by IvIr. Nevares, for 7:30 P.M. on Tuesday, Januar,y 4, 1955'. Seconded by Can. Sutton*, All 'ayes, motion carried. * ,- . .. 19 Iqayor I%Clellan offered for the approval of the Council the name of Harold L, Engelmann of 2435 Olive Drive, for ap ointment "to the Planning Commission fop the term ending the second hesday in April, 195.8, cmn. Sutton moved that the Council confirm the appointment of lqr. Harold L. Engelmann to the Planning Commission for the term ending the second Tuesday in April, 1958. Seconded by Cmn, Helton, All ayes, motion carried. The'city Clerk read a recommendation from the Citizens' Ad- ' visory Committee which reviewed the library situation, submitting a list of 18 persons who had agreed .to serve on the Library Commission if appointed. The playor announced that he had made the following ap- pointments, subject to Council approval: Dale Ginn'.. ......,.. 3 yr. term Charlice R. ~unne.. . 2 yr. term Mildred Rothermel. . .' 1 yr. term Gretchen Tu.thill'.. . . 1 yr. term Ev.elyn Pacer,, . . . . . . . 1 yr. term - He explained that the name of Iqrs. E,'B, Sutton was on the list, and knowing her experience and interest in this matter, he had consulted with her, but she stated that she would be travelling during the early stages of the Commission's work and would not be available,, but would be mppy to work with them later even though not a member, Cmn. &e moved that the council confirm the appointments to the Library Commis- sion. Seconded by Cmn, Helton. A11 ayes, motion carried. . of ,Public Necessity and Convenience for the collection of garbage. The City Clerk briefly reviewed the bids. The question of the validity of 1qr. s, G. (7roodwin's bid was discussed, and the City Attorney stated that the bid need not be rejected on account'of the two factors omitted in the bid. Mr, Goodwin stated that he would use the same equipment he used for the Sanitary District trash collection, The Mayor cautioned the Council that their deoision must be carefully considered, as the Discussion was resumed on the applications for Certificate citizens will be faced with the alternative of usir~g the service pro- . yided by the person holding the Certificate, or hauling their own refuse ., tc) the dump, .< Wr, J, 0 . Williamson spoke in favor of Mr. Kraft , stating that he had done a good job of collecting both garbage and trash, Mr, H,rthony stated that he hzd checked the dis?osition of the garbage and found it %o be satisfactory. He pointed out that the ordinance provides that any garbage coming into the 2ity Pron Oceanside should be c'mrged $20.00 , - The reports of the police Chief on the- three applicants were passed to Council members for their study, After discussion, hn, Ede moved that in view of the fact that Mr. Marron has been in business for many years and has had no complaints, and his services seem to cover the business quite thoroughly, that the garbage and rubbish certi- ficiate of Public Necessity and Convenience be awarded to A, A. brron. Seconded by Can, Helton, Ayes, Cmn, Ede, Helton, SuOton , Mayor kclellan; nays, none; absent, cm, Castorena', Cmn, Ede commented tb.t Mr, Kraft has given excellent service to the City in any ways, md it is regrett- able that there is no way of working the matter out eouitably, Mayor IkClellan requested that the City Clerk and Director of Public Works review the ordinance very car.efully so they can advise Mr. &x" ron, Mr. Marron was advised tb-t he is fully responsible for any sub- contractor. He stated he would like to have &r. Kraft continue with his present collections to the end of the month, but ", Kraft was not willing to do so. After a 15-ninute recess, the Council was reconveded at 9:20 P.M. Bids on the tree trimming were discussed, A letter was read, from Iklr. Westree to Mr. Anthony, listing and classifying the trees considered dangerous, The bids were 2,s follows: Allen W, bmge 670 Laguna Drive, to trim, top and shape, as per specifications,, (Job #2 $1550,00; three extra trees (Nos, 20, 21 and 22 on Elm Avenue , $$ljO,OO , -9 . H, L, Bowman -for Valley Tree Service, 859 Foothill Blvd-. , La Canada, trimining 36 euca1,yptus trees, 8s per specificstions (Nos, 1 to 19, incl, and 23 to 39, Incl,), $1760.00;: 3 eucalyptus at Elm and Jefferson, as per specifications, $225,00. 14 " Mr. Anthony explained that these latter three trees were overhanging the Medicalsrofessional Building. Mr. Anthony stated that a-1 and Davy Tree Surgeons apparent- ly were not interested as they had not put in bids, He stat.ed the bid's were on the basis of payment in May, 19-55, and that all the bidders will req-uire is a firm contract, on which they can arrange- payroll fi- nancing, Iqr, LS-nge was present and wa.s asked whether he carried proper liability insurance, and stated that he does, Mr. Anthony was asked whether the necessity for trimming the three trees on Elm Avenue is urgent, and stated that he understood the insurance company will not give- lnsurance on the building on ac- count of danger from the trees.-. - ". After discussion, can, Helton' moved that the bid of I%-, Allen 11. Lange of $1700.00 for %he complete- jab be accepted, Seconded by Cmn. Ede, A11 ayes, motion carried, City Attorney Smith stated that no contract is needed, but that he should be furnished with an excerpt copy of the minutes as his authority. Iqr. Anthony described the repair worh done on the park Avenue dminage project, stating that the ditch had been deepened so that it will take about 35 to 40 miner inches, and that some rock had been dumped in Mr. Scoble*s driveway, and that he felt the situation will' be taken care of if there isn't too much sand or silt coming down from the Zstates. Mr. Anthony also reported that he had replied to I%?. by, attorney for Mr. Fh.nmnel, outlining what had been done on the matter. Mayor I"1cClellan stated he felt the City should move toward a permanent soktion of the problem, Iqr, Chase's letter on the subject was referred to 13~. Anthony with the request thet he reply, summarizing the-report he had made to the Council. mu. .- "he letter from the Gallinger Corporation regarding the! community septic tank was discussed. 1"Ir. Anthony stated he was gath- ering data on'costs, and stated the line would be a 2" high-wessure lin'e from the septic tank to the sewer. During discussion, it was sug- gested that it might be well to bring that. area into the maintenance and operation district, but it was pointed out that this was a differ- ent situation than the area where the flow is by gravFty. It was sup gested by Cmn. Ede that the Public works Director work out some formu- la for cost for operating that facility, and that the City Clerk noti- fy the Gallingers that such a cost is being determined, The city Clerk was asked to reply to the letter on that basis, and I%..Anthony was, asked to have something specific worked out by the next meeting. The City Clerk read an itemized account of the cost of the municipal" builaing, amounting to $12,343.61 paid out to date, with outstanding bills in the amount of $4,588.02, ,, including' an estimate on the floor covering and Venetian blinds of $500.00 and the painting. The City Clerk stated that taking out approximately $5931.63 from the contingency fund of $~ooobo~~ would leave approximately $1200.00 in that fund. fire hydrants, T's anti valves, $4462.61, of which $3318.62 represented valves, T's and hydrants instadled and the belance was for T s and valve underground installations. A total of $161g,OO was collected on hydrants from participating residents. He PceDorted that there had been" 8 valve, and T installations and 24 valve, T-and hydrant install- -ations made since July 1, 1954. A list of the above items vmst passed to Council members. City Clerk Ewald also reported that the Water Company has participated on five installations in response to the City's request that they participate on locations where they will benefit. byor McClellan Commented .that he felt that the new undergrounds lines wepe lar ely responsible for the damage not being much greater in the fire at 5 own Square. He also commended the Fire Department on having done a remarkable job in bringing the, fire under control. - City Clerk Ewald reported that the city had- expended for Cmn. Ede moved that a resolution he adopted transferrkng the sum of $5800.00 from the contingent fund to the general fund to complete construction fund for buil.ding'. Secondedby Cmn. Belton. A11 ayes, 7 motion carried. Mayor I'lcClellan asked that the Council and 1'1r. Anthony be present on January 11th at 4:OO P.M. to meet with Iqr. Beuthel on the ganuary .. 18th. the Holiday Park site which Iqr, Anderson w%s supposed to take out last week, which will be removed very shortly. ,which is'to be mde from the Publlc'works Department budget to the Bo- lice Department budget in connection with the purchase of the' new prowl car, payment of which is due very shortly. The city Clerk was asked to check the matter and have it'ready f6r the next meeting. uestion of the Elm Avenue improvement, preliminary to the hearing on Mr. 'Anthony reported that 'there was still 'one building on Police Chief PalkcMski asked about the transfer of funds. Mr, Anthony was excused at 10:.15 P',M. The City Clerk read a letter from'Fire Chief R. W.' Hardin to' Cmn. Castorena asking whether a transfer of funds could be hade to the matching fund for the fire hydrants, so th2.t' this program could be continued, Deferred until next meeting due to Cmn. Castorqna's absence'. city Attorney Smith reported that the Security Bank had asked that the City Treasurer be authorized to open a separate account for bond collectidns, He stated he had not had much opportunity to go into the matter but felt it totally inconsistent with, his position;;also that he is not satisfied with the present form of the resolution. De- ferred until the City Attorney- has time to study the matter further. City Clerk Ewald. reported on the meeting of the Interim Com- mittee on Marine affairs last Thursday, stating that Carlsbad was represented by about 30 people. He stated they heard reports of the Citizens's Advisory Committee, and that since that time Senator Kraft stated he is Preparing to introduce two bills in the Legislature, one re- questing an outright grant On a matching fund basis, and the other request- 1ng.a loan on a 100-Year basis, similar to the one granted Playa del Rey'. " . , ..." ".~. 44 He also reported that he had Tnord that the San Diego $as h xlectric Corn- pany would iike to have a small, delegation, preferably the Mayor amd ci$y Attorney, come darn and attempt tovork out some sort of an agreement. The question of how and what revenue would be raised toward repayment ofzx loan, In case one is obtained, was discussed, It was suggested that, poss- ibly something could be worked out by the Harbor Commission, after contacl ing Newport Beach, City Clerk Ewqld reported that I%-, Patterson, marine engineer, stated he would get down here right after the first of the year to do sow work. playor kClellan asked whethey it might not be well to .qain requesl the enactment of a bill transferrfdg title to the tidelands to the City, but the City Attorney stated that if the tidelands remain State land .it would be much easier to get State aid and Tidelands money, Mr. Ewa Id stated there was a possibility -that the small boat harbor development may be placed under the State Lznds commission, Proposed -Ordinance #9037, changing zone of a portion of Heyes hnd addition (Lots 4346, alock A) and E-2 to- R-4, was summarized and the number and title read. Cmn, Ede moved that first reading of pyoposed or- dinance #go37 be waived, and that such wa-iver constitute first reading, Seconded by Cnn. Helton, All ?.yes, motion carried, of a portion of Hayes Land Addition (Lots 39-42, Block Af from R-2 to E4 Can, Sutton moved the adoption of Ordinance B9036, Seconded by cm. Heltc Ayes, Crnn,. Helton, Ede, Sutton, Mayor bClellan; nays, none; absent, Can, Castorena’. SecoEded reading was given proposed Ordinance f9036 changing zone Proposed 0rd.inance #9038, changing zone of a portion of Lot 5, Nilsonla Tract, from E-2 to R-TA, was summarized, and the number and title read. Cmn. Ede moved that first readir;g of proposed Ordinance #9038 be waived, wnd that such waiver constitute first reading. Seconded by Cmn, Sutton, Ayes, Cmn, Ede, Sutton, Iilayor McClellan; nays, none; absent, Cmn, Castorena; abstaining, C,n, Belton. Proposed liesolution #147, supporting the proposal of the League of California Cities for uniform sales tax, was read, After discussion, cm, Sutton moved the adoption of proposed. Resolution #147. Seconded by em. Helton. A11 ayes, Resolution adopted, The City Attorney read proposed Resolution #l48 expressing the intention of the Council to fix a charge for exterior connection fee and establishing sewer bond redemption fee. Cmn. Sutton moved the adoption of Resolution #148, with minor changes m2.de. Seconded by Cmn, HeZton, A11 zyes, Resolution ad-opted, Cmn. &le stated that Cmn, Castorena and he had checked the bills and found thein in order, He moved the authorization of payment of the payroll from December 16th through December 3lst, as certified by the City Clerk. Seconded by Cmn. Sutton. A11 ayes, motion carried. Cmn, jEde moved the authorization of payment of surrent bills from December 16t2 to December 3lst, as approved by theAudiiting Committee and certified by the City Clerk, Seconded by Cmn. Sutton, A11 ayes, motion carried, of November 2nd, 16th, Z3rd and December 7th 1954, Seconded by 8 mn. Helton. A11 ayes, motioa carried. Cmn, Sutton moved the approval of the minutes of the meetin s The City Attorney was asked whether he could act as the Council’s representative on the 0-c High School Citizens’ Cornnittee to study SchooL housing needs, He agreed and was appointed. &zyor McClellan Kemfnded the Council that they, as a whole, have the responsibility of naming the Harbor Comission members. An excerpt from the council minutes of September 15, 1953, re- garding .a recommendation of the Planning commission that no refund of re- zoning and variance fees be made, was read. Placed on the 2.gend.a for the next meeting, Mayor McClellan sta,ted that the matter of the a.ppointrnent of an Assistant Civil Defense Director would def-initely be brought up ,at the next Council meeting, Referring back to the matter af a review of the telephone system 4 in %he TfkIMiCipal hul,lding, it WRS der,.ilded to ask the Teleyjhone Cogpgy hS.7z a regresentative present at the meetirlg DE Janu...:yy 4th. fliscuss the telepkxons situation. r). - Lnez~ being no further business to corne before %;?.e Cor~~cil, the meting was declwed a,d;ovrned at Il::c)O P.14, %sqwimJLly sub1r.it; tea. t0 PI, c , ZTJALI), City :le& --"-""""""-."~"""""" __"__ I+~j-~J~Xs 03 I.$jdE'J"NG OF Cax-LSBi~I) CIm COLjiCIL I_ &m?" _I %.I bketing ca,lLed to order by Mayor McClellan at 7:05 p,H, Present be- + side;~ the H;ia.gor were Cmn. Tide, Helton, Castorena, Suttcn, City ZIerk Ewa3-d !9 r-.:: Pu'u2.i~ Tr, 'darks Director ~~nthm?y, ar!d city attorney Smith. &sent, 2olZc.e ;:..- Unief 2atlkowsIc5.. 2 -4. Nr, C, I, ~.ic~oYi.ald a-nc FIT. V9.n VOrst 0.t the Pac%fio Telephone cl~. ~ele- .. gyc Ij h c 0 1" ..l?:-l.ny werc ?resent to 6iscuss possible revision of the %elephcne system in the municipal building, blr, "Ior!ald stated t;hn,t the smT7ic.e TIC in use wc3,s LnstaLled upon the recomendatlon of the telephone compa.mg aftx consultation with depnrtnent heads a.s .to their vR1-ious needs, ca3, zf'tey a recent; review of th? situation an6 fusther consultation with the depa.rtnen heads, the present semlces are st111 the services the cc~~~pa-ny v?ould recorn mendi, based op the stzted nesds of the d.ifferent departments, ern , n bastor spe3,k3%1g for ths Fire Chief and the Police Chief, stated t'bt Fire Chief Hard il? stated he would be @xi to go along wftk whatever was decided 3r1 t;h buaix~css phone, but felt defil?itely tha,t the emergency phone skLo~ld not be changed; mC th8,t; %he Police <hie? stated he would co-operate for the sake of economy ard eff Iciency, After sone discussion, it WES decid.ed that the xatter should be fur- ther explored by n committee,- and P ~mn. Sde moved th9.t Cou.ncilman &%ton, along with city Clerk Zwald, 2o19ce &ief PaZkowski an4 Pire Chief f-lardfn, neet wit'?. PIT-, Van Vcrst to work out; the best solution to this telsphone situation, Seconded by kn, Castorem, A11 ayes, motion cnrrisd, City Glerk &~alrJ read. 8. letter from the. Chmber of commerce,- sigr,ed. b hl~an Jrk11.y as harbor Chzimam3 subrnittivtg the nmes of 14 candidates for apgointnlent to the %,rlsbad karbos Cormissfon, as fo/lows:: B 1:; , C9ristiansen Dav id i3 3. I sd %.v id Dunn e A.. PI, Glissmm c , c. ~ u<Clte?-s OrviLle Jeffers A, W, khl, Jr. Ted Clnrke w. i). Caznon Iienr~ Meier Ge orge Pa&e r VJ ill iam &ldw in Dr Pia& 3 , NQ$ J . A. TJlalentine - E17,vood %ask - Norton NieLsen - ~LI&~II~ Smith, p~e~ident of the S~OY~SFEZI'S Club, Sublnltted the f O~~OVT- ing names:: Woert Darling, Cn.1 Yoiung, a~d Leo WflIians, %e NayGr stated that the .C"ouncil as a, yhole yr3.1.1 make the appaintments. Cmn, Sutton asked that; the names of Dick Hightaqer, G, '=. Plc~lelZa,n and bIiLlizm Strom'nepg be incl-ljded, but stated tlmt he had not ascertained wbther they wcu.1-d serve, A vote was f;aken by secret ballot, with the follming results: " 1- Elscted to fo!rr year tern - -- - - - -- - - --- - - €3, M, &ristiansen alec,-t;ed to thyee-year terE! - - - - - -_ - - ------.- Dzvid. &L~I~G David Oxme I<lected to tlqo-year term - - - - -- - - - - - - - bzlvin n Young T, 'Ge r>ii+e'e &&e y i.