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HomeMy WebLinkAbout1955-01-04; City Council; MinutesI ;<a "I m < 4 LJ I I t 1 in .t;he auaicipal building, it was decided to ask the Telephone CO'WanY to have a.yegresentative present at the meeting on Janudry 4th discuss the te1ephoEe situation, There Qeing no further business to come before the Council, the 'meeting was declared adjourned at 11:OO p,11, .Zespectfully subnitted, Pi. C, EWALD, City clerk """""""""."""""-."""" x ,IKtNUTES OF PEETIPIG OF CkRLSBAD CITY COUNCIL arv 4. 1955 Meeting called to order by f'fayor ikclellan at 7:05 p$. Present be- sides the I'fayor were cmn, Ede, Heltoon, Castorena, Sutton, City clerk Ewald Public Works Director Anthony, and City Attorney Smith, Absent, Police Chief Palkowski. Mr. C, I, KcDonald and ivlr. Van Vorst of the Pacific Telephone 8c Tele- graph Company were present to discuss possible revision of the telephone system in the rnunlpipal building, Wr. &&)onald stated that the service nc in' use was installed upon the recommendation of the telephone company afte consultation with department heads as .to their various needs, and, after a recent review o.f the situation and further consultation with the deparMmn heads, the present services are still the services the company would recom mend, based op the stated needs of the d9fferent departments. cmn. Castor speaking for the Fire chief and the Police Chief, stated that Fire Chief Hardin stated he would be glad to go along with whatever was decided on th business phone, but felt definitely that the emergency phone should not be changed; and tha,t the Police Chief stated he would co-operate for the sake of economy and efficiency. After some discussion, it was decided that the matter should be fur- ther explored by a committee, and. Cmn, Ede moved that Councilmm Su%ton, along with City Clerk hald, 2olice Shief Palkowski and Fire Chief Hardin, meet with i'b. van Vorst to work out the best solution to this telephone situation, Seconded by Cmn. Castorena., All ayes, motion carried. City Clerk Ewald. read a. letter from the chamber of Commerce,- signed b Allan Kelly as Harbor Chairman, submitting the names of 14 candidates for appointment to the Carlsbad Harbor Commission, as follows: B. PI. Christiansen David BaSrd David Dunne A,'M, Glissman C. C, Walters 0rviXi.e Jeffers a, W, Pahl, Jr, Ted Clarke tJ. D. Cannon - Eenry Meier Ge orge parke 3: Fiilliam aaldwin Dr , iv1ark J, Noy J. A, Valentine . Elwood Trask - Morton Nielsen Eugene Smith, president of the Sportsman's Club, submitte6 the follow ing names:: Robert Darling, CaZ Young, and Leo Williams, The %yor stated that the Council as a whole will make the appointments, Cmn. Sutton asked that the names of Dick Hightower, G, c. pk$lellan and William Stromberg be included, but $tated that he had not ascertained whether they would serve. A,. vote was taken by secret ballot, with the following resultst F Elected to four year term - -- - - - -- - - --- - - B. 14. Ghristfansen Elected to three-year %erm - - - - - -_ - - ------ David bird David %me Elected to two-year term - - - - -- - - - - - - - Calvin Young '&we Parker c. f ' Elected to one-year term- - - - - - - - - - - - - - Orville Jef fers be appointed C, C, Walters Cmn, Ede moved that the following persons to the Harbor Commission: R, PI, Christiansen, David Baird David %nne Calvin Young and George Parker, Orville Jeff ers and c. 6. Walters. seconded by Cnn, Helton. Vote on the motion:: cnq, -Helton, Castorena, Ede, 1%9hllan, ayes; no nays none absent 9 Cmn, Sutton abstaining", A short recess was declared, during which members Young, Christianser Dunne, Baird, and Ifalters were sworn in, Members Parker and Jeffers were not ?re sent, After the Council was recoqvened, %he City Clerk read Notice of Pub11 Hearing on the application of A, L. Nevares, 3135 Roosevelt Street, for re classification from R-3 to C-1 oa all of Block 32 Carlsbad Tov~nsite, The recomendation of the Planning Commission, ddted hecember 15, 1954, that the request for reclassification be granted, was reviewed, The apFlicaat: was not present, there were no written or oral protests'. cm, Ede moved t the Council acoept the recommendation of the Planning Commission and instr the City Attorney to draft an ordinance accomplishing the reclassificatior from R-3 to c-3. of all of Block 32, Carlsbad Townsite, Seconded by Cmn, Castorena, A11 ayes, motion carried, The City .Gleyk read a recommendation from the Planning Commission th;- all presently unzoned areas in the City of CarLsbad be zoned Rdi Chairmar: Cockrill was present and explained that the commission's idea in making this blanket zoning was to protect landowners and the ci-tg against unfavor able or undeslrable use being mde of the lp.nd, cmn, Sutton brought up tk cuestion of whether or not his motherbs land, zoned E-@ under the County would be considered unzoned, since this zone was ,not adopted under Ordin- ance #9OO5. It was agreed that si-nce Qrdinmce #go05 adopted Cotlnty OydiY: ace #371 with all amending ordinances, it could be assumed that E-ZR zonj was in effect under the ordinance, After some discsssion , cm. Sutton moved that a hearing be set at 7:30 P.W. on February 1, 1955, to consider the matter of zoning all unzoned property withir, the City of Carlsbac? to Zone R-".. Seconded by Cmn. Ede', A11 ayes, motion carried. The City Zle~ was asked to notify the. large land-wners zffected by the proposal, The city Clerk read a recommendation thai; a firm of planning consul- tants be hired to undertake a. planning and zoning study of the City of Carlsbad, Planning; Commissioners Smith, Cockrill, Baumgartner, &irsky ar Stringer were ?resent, and Chairinan Cockrill emphasized that the present zoning ordinpace is completely inadequate and not suited to the needs cf t city, He reminded the Council tha,$ consideration had been given to having a student group make a study, but that all efforts to work out such a pro- ' gram had been unsuccessful; that the Comission had then consulted with b?, Yelicka of Gordon Whitnall tk Associates,. with the result that the Com- mission was unanimously agreed th8.t an outside planning study was badly needed'. He stated that Mr. Kalicka informed the Commission that what the members felt would be required -- a land use survey, writing of a zoning ordinance, and a cossulting service, which would consume about six months- would cost approximately $~~oo.oo. He stated that if the Council would so desire, Iblr, Kalicka could meet with them on January 18th. The- Council expressed pleasure at the competent manner in which the Commission is mov- ing forward and stated they felt it could be left in their hands, The Cit Attorney stated that the Council could unofficially express its intent of budgeting funds for this purpose. After some diecussion; Cmn,-Su$ton move that the Council authorize. the Planning Comission to hire Gorecn Whitnall to start a survey on land use and the rewrjcting of Ordinance #fgOO5, author izing the expenditure of $1000,00 which is budgeted for this purpose for the current fiscal year ending June 30, 1955. There wm no second, There was some discusslo2 as to how the matter should be negotiated, it being -:F decided that probably the best way would be to invite Gordon bkitnall to submit a coatract.for council consideration, Can. Sutton moved that the planning Comnission be authorized to- invite the submission to the Council . of a contract to en-compass the discussed .terns with Gordon Whitnall 8c ASS ates'. Seconded by Can, Castorena, A11 ayes, motion carried, "fyor IYIcClellan stated he believed the individual members have indicated their I but that he did.not feel they should express any specific obligation. The City Clerk read a. recommendation from the Planning Commission %hat the application of C. 5). Field et a1 for reclassification from E-2 tc R-U of all of yrilsonia Tract a.ad portion of Section 31, Township 11 North, Range 4 West, as described in the Notice of PuSlic Hearing, be ap- proved, Cmn. Castorena moved tlpt a hen i g be set on Februaqdl, 1955, at 8:OO P,J'l, Seconded by cmn. Sutton, hf ayes, moti@g Carr . 7, 4 1 & 4 m e e a I The Harbor Commission having had a brief conference, Wayor kclellan asked if they had any report to make. b.vid Dunne, appointed spokesman j the group, stated they had discussed baieflg the matter of the proposed legislation to be introduced in the legislature asking tha<t the Agu2 Hed: onda lagoon be declared a navigable stream, and felt it is a step in the right direction, as, if it is declared a navigable waterway, that will bc a basis for going to the legislature with a request for a grant or Loan. City Attorney Smith passed copies of a re-statement of the provisions of the Code, with the addition .of. .the .pcopo.sal .regarding the Agua Hedionda, to Cou.nciL members. hn, _E-ae. moved, .that .the Council- authorize the submis sion to the kgislatura .of. .this amendment to Section 101 of the Harbor &r Navigation Code of the .State .of. .Califo.rnia. Seconded by cmn . Castorena.. All ayesA motion Carried, Col. Dunne added that the Conmission will have meeting ihursday night to study proposals to introduce legislation for a grant or loan and 'will bring their recommendation to the Council. The possibility of an ad j-dumed .session .QT. spe-cial meeting of the Council to consider the recome-ndation -of .the. Barbor Commission when ready, was discussed, %yor I*lcClellan suggested that as soon as the Commission has established its regu1a.r meet'ing tines, the information should be publish€ so that interested persons might attend. After a 15-minute recess, the Council was recoqvened at 9:15 P,IbI, Copies of proposed Urgency Ordinance #lOl5&, amending Ordinance #lo15 pr vlding for a Director and Assistant Director of clvil Defense, were passe to members, The Ord.ina.ncpe. %rase r-ead. .in. full. -by. the City Clerk, CIM. Sut- ton moved the adopt-ion .of. Vxgency. Qrdinance #l015-4 as read. Seconded by Can, Helton. A11 ayes, motion carried. .*-..-* JViayor PP?cCleXlan .stat-e.& .that. -ira, accordance with the recommendation of Cmn. Castorena, He wsuld .Like .ta. .o,ff-er for P"pprova.1 of the Council, the appointment of col, Ge-oxge- I?... N.. Dailey, 3375 Highland Drive, Carlsbad, California, as Director of Civil Defense, Cmn. Ede moved that the CouncS confirm the appointment of George F. N, kiley as Director of Civil Defer A11 ayes, motion carried. c I%?, Anthony reported that he was checking with Oceanside on costs, et in order $0 determine .the monthly charge and pumping cost for the Galling septic %ank project. He stated that the Gallinger Corporation is conside ing the purchase of some property along Chestnut for development, and fel they could put the sewer line in for $20,000, with the $4,000.00 from the High School District, and could recov.er it from the houses he would build kb. Anthony stated the sewer charge in Oceanside is approximately $1.50 p month, The City Attorney commented that a proposed change in the law wou allow cities to go into SmaU Claims Court to collect sewer charges. on the Park Avenue drainage problem, Mr. Anthony stated that he and Mr. phelps had gone over the wea and established that the logical place go in is at the lover er?-d of the former Tibbetts place, and that owner ha agreed to give an easement on that corner of his property. City Cleyk Ewald read a letter from the League of California Cities, dated December 27th, regardisg extension of the time for application of ftmds Emder t?.k Deering Act. The City Clerk w~s asked- to reply that acti has been taken which; if approved by the people in the election, will res in the use of the funds. i\Iayor IhClellan stated he believed. this informa should be brought to the attenZion of the citizens. I PIr. Anthony was excused at 9::35 P.M. city Cley'x: Ewald read a letter from the Fire Underwriters of the Paci stating that if proposed irfprovements are made, the city should be eligib for the next better classification. The City Clerk was asked to reply th suggestions. - the City,&opes to continue its progem of improvement and welcomes their The City Clerk read a letter fron Mr. R. L, Beuthkl of the Division 0: Highways advising that he will be present on January 18th for the Elm Ave: -improvement hearing, and -that transfer of -$1500.00 from Project #3 to the plans and survey fund will be made as soon as authority is *received. %: McClellan reminded %he Council of the meeting at 4::OO P.M. on the 11th qr stated he hoped at least a majority of the Council could be present. The City Clerk read a memorandum from the Parks, Recreation, Beach a1 Tree Commiss~on pecommendiag that the City of Car1Sba-d join the Shoreli $8 Planning Association, T'nere was some discussion as to what the membersh: charge might be, whether it could come out of the Parks, fkcr,>ation, Beac and Tree Commission, and Mayor "klellan stated he felt if the CIty joim the Association, some member of the Parks, Recreat on, Beach and Tree Cor nissfon should attenii at least the meetings held in this area. Action dc ferred @It21 later ii3 the meeting.. City Clerk Ewald read the Police Report for December, as follows: Arrests.. ...................... 5 Accidents'. ................... .5 . Traffic Citations....,........ 97 General CS~S~S.............~... 76 Comparative figures for 1953 and 1954 are as fol1at.s~:- azi2 u54 ~ccident~..........~..~.~.~~~~~ 199 103 General case^.................^ 723 89 6 Traffic Citations..............~~32 927 During the year 1954, there were a totzl of 5,840 hours, or the q:quil lent of 243 2bhour days dona.ted by the uen and women Police Reserves. r- The City Clerk read %.he report of the Fire Department for December, as f ollotas :. Fires.......e.........~.o....~.~ 7 Smoke Ckecks. ..................... 1 Darrrage due ta fire $20,000 .OO he. Attendance at alarms', ....... 13 Business meetiY!~s............., ...... .... 2 Drill meet~n~s.,,...,,.....~..D~~ 2 Average attendance ............... 17 City Clerk Ewald reported' that. 8 installations of' T's and vadves have been made where no fire hydrants have been put In, as the Wa%er Company j putting In T's and valves wherever they put in new lines; and that in the .instances the City has practicdly paid its half of the cost. There was some discussion as to whether ps.rt of the $6000.00 equipment item budgete for the Fire Departmemt could be transferred to tk hydrant fund, but Fil Chief, Hardln stzted the Depa-rtment was badly in need of more equiyxent which rvo~.,~ld cost approximately $3OOO0OO, which would include more jaykete and helmets, and some grated. y's, also a hose dpyer which will cost 3700', H-e sta,ted he felt a transfer might be effected from the maintenance- item to the hydrant fund. Cm, Castorena moved that in view of Chief. krdin'r recommendation, the Council transfer $7O@,OO fron the maintenance fund tc the fire hydmnt in .the Fire Department budget. Seconded by Cmn, #elton, All ayes, motion carried. Chief Hardin stated he .could get 90- day payment on some equipment items. hferriag back to the recommendation from the parks, Beoreation Beach and Tree Commission that the City joia the. Shoreline Planning Asso- ciation, Cm. Sutton moved that the reoommendation be aooepted, proviaed the fee oomes out of the Parks, Beoreation, Beach and Tree Commission bud eoonded by Cmn. Helton. Allayes, motion oarrled. City clerk %Id reported that %. kmar was In the offioe today and stated that they finally had the detail8 of the aontraot on dog control worked out and the licenses would probably be reoeived this week. proposed Ordinance #go37 wa8 summarlzed and tbe number and title rea em. Castorena moved that first reading of proposed Ordlaanoe #9037, ohan ing zone of a portion of &yes hd Aadltion to the Town of Carlsbad .be waived, and that such waiver constltulbe first reading. Seconded by 6mn. Helton. All ayes, motion oarrled. .. ssolrmd reading was given proposed Ordinance #9038, changlng zone' of portion of Lot 5, Wilsonia- Traot, from E-2 to B-lA. cmn. Ede moped the adoption of ordinance #9O38. seoonded by he .&atton., Ayes, hu~..,, we, Castorena, Sutton, Hafor XcClellan; nays, none; absent, none; Cmn. .Hexton ahstalniag. -. '&e matter of refund of refund of rezoning and variance feea, In eve the request is denied, was reviewed. After some dimussion, &XI, Ede mov the adoptiom of a %solution authQpgz,ing and fnstruotiag the City Clerk t notify all applioants that fee9 ,q&$3. Bot be refunded in any -88, for eit variances or zone changes, even @!ma@ the request be denied, SeoontM b 4 Cmn, Castorena, All. ayes, ...B esslu-tion .adopted. Mayor WcClellan stated that one of the members appointed to the Li- brary omm mission is unable to sene, and offered for approval of the count the appointsent of Mrs. hone E, ~ollfns, 1341 oak Avenue. zhe question was raised a8 to whether Mrs. Collins had expressed willingness to serve c the Commission. and it was decided to hold the appointment In abeyance for the time being;. Cmn, Ede reported that the commission had its first meeting on Nonda] evening, January 3rd; that Miss Frances hhn, County Librarian-, was preser and stated she had perfected plans for doubling the number of books in thf library, increasing library hours from 18 to 22 per week, and inoreasing Mr8, Cole's salary; that she already has the approval of the Board of su- perviaorso He stated he believed they had set the fourth Thursday a~ the1 meeting nlght, at the Library. The bills were submitted for the Council's examination.; also the pay- roll. cmn, Helton moved that the Council approve the gayroll up to Janu- ary 16th, as oertified by the City Clerk and approved by the Audlting corn- mittee. Seconded by cmn, Castorena. All ayes, motion carried; Gun. Sutton moved the approval of the bills to January 1, 1955, a8 !.. ... \_ 1 eertified by the City Clerk- and approved by the Auditing Committee. %con ,r--: ed by Cmn, Helton, All ayes, motion oarrled. 2 ;23 L.2 this will be done. v.> 'f' *."a It was suggested that the oatraot with Joe Apodaca and the option ta - urchase the road. equipment be reviewed at an early date, and agreed that A letter to Hayor %Clellan from Fdwartt Ridley, regarding a Northern coura%y alrport op the Kelly land, was dlsoussed, and handed to cm, Suttoa to study and rotate to other members, It suggested a Joint effort by Carlsbad and Ooeanside, possibly Inoludlng Fallbrook and Gscondido, to get the airport established. City Attorney Smith stated he had asked the County Counsel to-act 88 attorney for the Publfo Utility Distriat, as it will require a lawsuit to dissolve the Distrlot. b stated that he was not satisfied that the dis- solution has been oompletely accomplished and would like to have it de- termiaed by the Court in a. suit for declaratory relief. He stated the County Assessor would like to have the County inktiate the suit, but that the County Counsel seemed reluotant. He. stated he will oome to the Counci: with further details at the next meeting. , Cmn, Sutton moved approval of the minutes of December 14th and of De- oember 2lst.aa correoted. Seconded-by cmn, Helton, All ayes, motion. oarried. There was diaoussion as to the need for an adjourned session to oonsfi the Harbor Commission reaomeadation on the proposed legislation and Can, Helton moved that the Council adJourn to January 11th at 4:30 P.fi. Seoonded by cim, Castorena. All ayes, meeting adJourned at 10:4,5 P.M. Respeotfully submitted - M, 0, EWALD, City .Clerk v"".I-~~""-.I-~~~-~"~~"~o"" """ J!IINUTES OF ADJOURNED MEETINQ .OF CARLSBAD CITY GO- Wrv u, .. 1c)L;t Meeting salled .tra oriier by Mayor Muclellan at 4:55 P.M. Present be- sides the Hayor were Cmn. Ede Sutton, &lton, City Clerk Swald, City Attorney Smi*h, publlo works &rector hthony, Absent Cm. Castorena,. .. ' Also present for oonsultatlon were six members of %he krbor commission) as follows: David Duzlne, obiman, David Baird, c. C. Walters, Qeorge Parker, B, M, Christiansen, and Orville Jeffers, &yor McClelLan explained that the meeting was being held to omsider the recommendations of the Harbor Comml;ssion as to proposed legislation