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HomeMy WebLinkAbout1955-01-18; City Council; Minutes5; ; -. ... . &etlng oalled to order at-7;OO p,.#. by byor &$lellan* Present besiUes the &yor were Crnn. Ede, Castorena Helton, Sutton, dltg clerk &ald, publlo workra Anthony, Polloe Ckief f'alkowstrl, Abaent, &kt7 Attome Smfth, &adlng of the minutes was deferred until later in the meeting. I hyor EJIc3Cb1- annomeed that aa informal hearing would be hela 0x1 the ,matter of the proposed slxn Avenue Improvement, whioh is not a legglly-yequlred hearing but merely an opportunity for the people to beom informed$ #e explained that the Ci has riot yet expended any of the gas. tax funds and now has approximately 21,000.00 .on hand 3.n a separate fund, and will have about 9512,000.00 additional aocrugtng thfs year, of' whfoh a small portion has been spent for engfneering, making a total of -about $32,000.00 which will be available for oonstruotion, Hr. Beuthel, was asked to revlew the c;onditions for u8ln.g these construtrtion funds. Hr, Beuthel stated that the Speoial oas Tax Improvement Fund was set up by the legislature In 1935, and may all be spent on eon8truction or 408 3 may be apent for smintenanoe. Maintenanoe money may be spent on any stme rl but oonstruction money mast be spent on major streets. He stated that the LO mfn&wn wMth for a street on whioh oonstruatfon funas may be spent is one e' lane i# each direction, each 12 feet ig width, with 8 feet parking spaoe, 2 making a minlmuza width of 40 feet for a major street. He stated a three- lane street would not be pemrltted, % also stated that sidewalks cannot be 'built with thfs oonstructlon money, but repairs may be made on sidewalk where they have been destroyed by the construetion work. kyor bclellan stated It is a matter for the Counail to detxmmfae wh type of improvement the engineer should design, having the option of dotng nothing, or of aonatruoting the fmprovemeat to the State standards, using the gas tax funds as far as they will go, or improvfng the streeb without state funds, using locally rafsed funds. He stated the Counoil felt it 0901 be very foolish to design an improvement, for today's need; it should be de. signed for the next ten or fifteen years. City clerk Ewald mad a letter dated November 29, 1955, from kwrenoe cc Looklin of the University of Southern California protestfng removal of the trees &lag Elm Avenue beoause of the oharm they lend to thie crity. Jane Burdiok, protesting aestructlon of the trees along Elm Avenue for- the same reason, was read. I .. A letter dated by 10, 1954, signed by Mrs. J, Baoen'Barter and Mrs. The City Clerk read a letter from E, G.. Kentner advocating that plans be made for future improvement of Elm Avenue to a width of 100 feet, and offering to dediaate 10 feet along his entire 420-foot frontage on the nort . side of Elm Avenue to. the City, this offer to expire if not aooepted by De= oember- 31, 19%. Mrs. Oreenwood presented a petition oarrging names of 35 members of. the &@den club, opposlng the removal of the trees on 161111 hmue; and &; and Hra, Jaok Barter, Br. and Rrs. George Burdlok, and Mrs. hr~rrsza stom all emresse8 themselves as being very definitely opposed to taking out any of the trees, ertating that they felt ths vsllunae of traffio at the present time does not warrant any widening of h ffuenue and sonsideratfon by- the h&?ml,Z of suoh a- pro3 at is premature, col. Bathum and Nr. brr3fliBuohart &so spoke against removal of the trees, Mr. Buohard stating he had disouss the matter with many persons and practhally all had felt that the trees should be preserved. I Nr. Pat Zahler stated he does not agree that the trees are an asset; that he.felt they-were a definite hazard and inoonveienee to people tPa- versing the sLreet . a 40 foot street, Mr. Beuthel stated that the root struoture would have to be examined in every fnstanee, as he had knowledge of similar progeots wher trees had later fallen due to the cutting and weakening of the root strus- ture by the grading operations. He stated he felt-&t would be impPaoti& cm, Sutton asked whether -y of the trees could be saved by making i to make a major expenditure on a &)-foot improvement, as the life of suoh improvement would be too limited, due to the normal inorease in traff lo. kyor HoClellan asked whether any of those protestants present were property owpers on Elm Avenue; none weye, Buzz hrland suggested that perhaps some organization In Carlsbad would be willing to take a poll on this question, whioh would enable the Cotmoil to get a cross-seotion of the public sentiment, of Carlsbad oitizens do not want street lights in the City, they do not want a sewage disposal plat improvement, and they do not want street im- provement; they seem to feel at this polnt that the status quo should be maintained. Cmn. Ede commented that indieations point to the faot that the majori The informal hearing wa8 closed at 8 :45 PoMe Cmn, Sutton move& the approval of the minutes of the meeting of January 4th as qorreqted and of the ad3ourned meeting of' January 11th--as submitted. Seoonded by bmn. Edei All ayes, motion carried. The City Clerk read the following correspondence:: Letter from City Clerk Ewald to &ague ,of California cities regard- Letter from Iva %the .commending the Council for their work on the ing extension of tame for applications under the Setziring Aot. *sewage disposal matter but stating she believed the whole City should par- ticipate instead of a restrioted ares. Letter from,the City of Los Altos, suggesting that we contact the legislators requesting that they introduoe legislation to extend the her- in@; aot, The City Clerk read the following memoranda from the Planning Com- (1) 'Recommendation that the Parks, Beoreation, Beach and Tree Com- mission; mission submit to the Planning commissfon a proposed plan on parks and beaches, to be forwarded to the County Planning Commission for incorpora- tion into their Master Plan of parks and Beaches, - (2) Recommendation regarding L4 zoning of unzoned lands: cmmi Cookrill sta,ted that tk Planning Commission feels that any ^further .delay in zoning the unzoned territory oould be dange.rous; and It is the, corgmission '8 reoomendation that the matter be acted on without,: de- lag, and individual applications could then be placed with the flanlng Commission for proper zoning.. - The City clerk read a letter from Billhart Musical Instrument Corn- pany asking for E-1 zoning on a portion of Lot f * Ranoho Agua Hedionda, consisting of approsimately,l6 acres east of the Jay Hoffman Ranch. Also read was a letter from Allan 0. Kelly weeing to give a portion of 60- foot easement for a main thoroughfare between his land and the Hof'f'knan. Baaoh, and supporting the Brilhart request. Also read was a letter from Horaoe Kelly sypporting the Brilhart zone change. request: After discusslo, C'm. Castorena moved that the City Clerk be instructed to advise Mr. Brll- hart that his letter will not be aoted upon until the hearing on February lst, but that If he wishes to submit at this tine an application direckly to the Plarwrwg commission fgr N-L zoning, he may do ~IQ. ' All ayes, motion oarrled, &ad. Cookrill, referring back to the master plan for Parks and Beaches, suggested that it might be acoeptable to have a joint meeting. yith the Parks, Recreation, Beaoh and Tree Commission to try to work out details so that a plan could be submitted to the County. '&e Counoil '- agreed 'that such a Joint meeting should be held. After 8 lj-minute recess, the Counoil was reoonvened at 9 234 P.M., Hre Anthony reported on his plan to install a drain'from Hadieon down to State Street; also that the situation on Park Drive had b80n straightened out. cmn. Castorena complimented the Public works Depart- ment on its 'deteotion" work in disooveri.ng and digging out the plugged-up drain line on State Street near Laguna. Mr. Anthony also reporr;ed that Mr. Claud Fennel had talked to him about the bird lovers group assuming: ., ; s,, ..,., ." responsibility for the Buena vista kgooa and that he would get hou @f Couzens and have him open up the five.pipes. Th6 danger*of its Jeopardiz- ing the sewer lines was discussed. - Discuasioa on revision of the mutual boundary line with Oceanside, deferred until after the bond election, was' resumed', The Counctil was re- minded that the Home Builders' Store had property within the city limits of CarXsbad, (the old cemetery on Vista Way) recelviag services from the City of Oceanside, and that they felt It would be a better arrangement, If the boundary were gbanged to iaalude them in the city of Ooeanside, Nr, Anthony stated he would resume discussions with Oeeanside on the matter and would get the legal desczription of -the property stgkightened out, cmn Ede moved tbat the Direotor of hblio works be authorized to resume the dfsousston .with the City of Oeeanside on the adjustntent of ow mutual : boundary along Vista Way and the Freeway. Seconded by cm. Eelton. All ages,. gotion oarried, &yor Ecclellan stated he -had +asked.the -City Attorney to prepare a list of alternatives for the sewage. disposal problem, but he was not able 60 be present on aoaount of illness', Be was going to atudy whether there is an way at all that the Christmas Tree Funds could be used under an I 1911 x at prooeediags, The Election which was lost will oost the City ,. 1- about ~1400.00, inaludbg attorney's and engineering fees, kyor .&clellan 3J reported. He stated he would like. to have organized a Citizens I Advisory '-i roup oompoaed of members of long-standing organizations of the communityt 2 ff'ter some discussion, cmn. sde moved that the Counofk.appoint a Cltizeas < Committee to atudy the matter of finarmlag-a sewage dfspcwal plant: S Seoonaed by Cmn. )felton, All ayes, motion oarried. ' -. - ~. - I r-."."""-.- ""..^ Referring baok to the extension of-the hering Aot, Cmn. Sutton moved that the city Clerk be lastruoted to contact our legislators, re- questing them to support legislation extending the provisions of the two bts providfng for allocation of Christmas Tree funds' and that the City Lof Los .Altos be notffied of our aotion. Seconded by 6m. Castorena. All ayes, motion oarried. om the sewage disposal plant, stating that Carlsbad water is very high in bacrterial oount and -something must be done quickly. He was exoused at 19m P.M. I Mr. Anthony stresged again the urgenoy of getting immediate acttion The City Clerk read two letters on dog control from the county of san Diego, one stating that the contract had been drawn and submitted to 9.. Laraar', Letter from the Southern California Exposition Fair was read, regarding a display, for the Fair, June 24th to July 4th. Referred to tlm Chamber of hmercre. Letter from Assemblyman Hegland, and one from Senator Kraft, both expressing thanks for the letter and resolution supporting the wtlfmm The City Clerk read iotioe of public Bearing .sent out by the Pub- sale 8 tax proposal; lic Utilities coxmission, settfn a hearing before Commissioner Krmer .on Wesnesday,. FebruaPy 2, 1955, in B oom #2O3 of the Cltvio Center %ilding, regardin rate inorease requested b -the san Diego %s & sleetrio company WQP Hc 8 lellan eoarmsnted that the E ity of sa Diego employs Clarence winder, as an analyst on such matters as this and they have extended to the smaller cities the results of' their investigation of the matter. cphe . City clerk was asked to gather sueh-information as he tWs will guide *he City Council in their study of this matter, 1 &vitation from the State of California Recreation Commission to part.;l,o.ipate in the annual oonferenoe, to be held February 13-16, 1955, at knta Cmz, was read. bferred to the Parks, Recereation, Beaoh 'and .. Tree Commission and the. brbor Commission. .. .. The City Clerk read a letter from the American bstiture of park Sxeoutives, exteadlng invitation to its work-shop conference to be held at Camel on January 23rd, 24th and 25th. Referred to the parks, Beore- ation, Beach and .heeComissfon. - Besignation. of George F. N. Uey as Director of Civil Defense p0a8 3p8&ao Cm. Eds moved that 3&B?resignation of COT, Dailey be accepted: Seconded by cm. S~tton. A11 ayes, motion oarried. Cm. Castoreaa moved that Norman D. Whlpple be appointed as Aoting Civil Defense Director until a. Director 1,s appointed. Seoonded by cm. Ede. All ayes, motion wrrled. T@e City Clerk announced that a canvas8 of the election returns from the bond election of January 11th would be made. The kydr opened. Precinot "Au tally list, and city Clerk Ewald opened Wpqinot "B!! tally fist.. same were canvassed by cmn, Ede and Cmn. Castorena an8 Fomd to oonfomn to the .unoffioial returns'. cmn. Bde move4 that the Council adopt r a resolution declaring the results of the votes east as follows:, as XQ Preoinct BAn* -......, *.......... l28 111 frecinot ..*..,e .......e. 93 94 nBnk! Seclonded by cm, Castorena. A11 ayes, motion carried'. The absentee ballots, as announced by City me& Ewald, were a8 f ollms :: .* PBECfwCT ,"Aa PRECINCT aBJ c 22~1~....*.Jess 1H6&ughlin 1 f 225%. . . .krgare t v . Gladden 1 * #22p . . . .&lton 8. Gladden 1 #~254.. . ... . .ChEirle s F. BieU ,f -2 Total..P.. 1 3 %e b&llots were opened, stubs removed, and the ballots placed in the ballot box, shaken, and counted as follows:: three ayes, one naf. The byor acted as Inspector, ~mn. Ede as Clerk, and Cm. Castorena as Judge. The Deolaration'of Eleotion of Officers was signed by Cmn. sde and Casto- rena. bts 43, 44, 45, 42, Block A Lyes knd Addition5 cm, Sutton moved, seconded by can, Helton, thai Ordinance #9037 be adopted, Ayest:, Sutton, Ede, Helton , Castorena, Mayor MoClelhn. Nays, none e Ordmance adopted'. cmn. Sutton moved the authorization of the payroll from January 16th to February 1, 1955, as oertified by the City Clerk and approved .by the Auditing Committee. Seconded by Cmn, Belton. All ayes, motion oarrie Cm, Belton moved that payment of the bills to January Sth, as oertified by the -City Clerk and approved by the Auditing Committee, be authorized. Seconded by cmn. Sutton. All ayes, motion carried. end. Ede moved that a resolution be adopted authorizing the plao%ng of the $1750.00 reoeived from the State for site acquisition reimburse-.. ment Into the contigent fund. Seconded by cmn, Suttoa. All ayes, motion oarried. There was further disaussion ag to personnel for the Citizens' Ad- visory Committee on kge pilsposa1. cmn. Sutton moved that the Counoil appoint a 9-member committee to work toward a solution of this, problem, and that Percy Holmes be asked tu call the first meeting from a list of names given him by the City Counoil,. .and, if possible, report .back to the City council at its next meetin$. The f ollming names were suggested: bse Fredkin Paul Waggener AI bndez Dr. Harold Fairchild - Louis ve %the E. Ge Kentner Percy Holmes Dr. Daniels W. C. Atkinson Charles Be ,Ledgerwood Harve Ling kwrenoe Felt 2. L. Crdm Oeo. . Kronmiller a member of the woman's Club; &ember of the ~x&mz~lAmerican Assooiation; representative of the Chamber of Commerce'. Seconded by cm. Castorena. All ayes, motion oarried. It was agreed that all members of the 'City CounoIl, Hr, Anthony, and City attorney Smith be notified as to when the meeting will be held so as many 'as possible oan attend, Suttoa All ayes, meeting adJournedi Seoond readln was given roposed Ordinance #9037, changbg 'zone of 1. cmn, Helton moved for adJourment at -ll:l2 P.H., Seconded by Cm. Respectfully submitted, .