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HomeMy WebLinkAbout1955-02-15; City Council; Minutes0.3 Committee, be p+d. Seconded by CmYI, Helton. All ayes, motion carried'. There being Helton moved for ayes, meeting ad no further business to come before the. Council, hx~, ad Sourment, seoonded by cm. %$torenas. A11 Journed at lO:25 P.M. Bespeotfully submitted, i K@J EWALD, City Clerk ~-~~~~-~ """- """"~~~~-""~-~.L....~ flINUTES OF MEETING OF CAKztSBaD CITY COUNCIL -v 75,- ' Mayor McClellan called the meeting to order at 7:05 P.M., Present besides the byor were Counoilmen Castorena, Ede, Helton, Sutton, City Clerk Bwald, Public Works Director Anthony, City attorney Smith, and police Chief Pallcowski. Read of the minutes of the meeting of February 1st were de- ferred untll'later In the meeting. The City Clerk read the followgPg oorrespondence: - Letter from the Garden Club, signed b Mrs. Edgar Lampton, 1243 Laguna, to the Mayor, offering one or two E hristmas trees to be planted at or near the City kll. The City Clerk was asked to acknow- ledge the letter, thanking Mrs. hmpton and advising her that the Counoil wkll asksfor the recommendation of the parks? Recreation, Beach and Tree Commission on their kind offer, Beferred to the said Commission for their recommendation, Card from the &ague of California Cities announcing the dinner meeting in Oceanside on Friday, February 18$h, at 7:-15 pow. ,- Letter from League of California Cities conoerning the uniform Letter from the City of San Diego regarding proposed rate in- L sales tax legislation,. .I orease of the San *Diego Gas & Eleotrio Company, advising that the services of Mr. Clarenoe Winder, public utilities oonsultant for the City of San Diego, would be available to the smaller oitles for rep- resentation at hearings on the matter at a oost of not to exceed $j;OO.OO for the larger oities and proportionately less for the sniall- er cities; and that it would be neoessary for the Cdunoll to pass a reso1ut;lon authorizing Mr. Winder to file an appearance on behialf of the City if they wish this representation, cmn, Ede moved the adoption of Resolution #153, to be dram- by the City Attorney, author- izing Mr. Winder to represent the City of Carlsbad as autlined, copies to be forwarded as suggested, Seoonded by Cmn. Castorena, A11 ayes, motion oarried. Letter from chapoc Engineering Company oomplimenting Mr.- Anthony on his competent handling; of inspeotions, eto,, on their building projects In Carlsbad. I Letter from the City of E1 Cajon enclosing form of resolution - urging the Board of Superjtisors to support the League of Cities' Uniform Sales Tax proposal, tee to- study finanoing of the sewage disposal plant, was present and read a letter setting out his Committee's reasons for their recoF- The matter of' revision of the boundaries to form a new distriot, to include properties already conneoted, equaring off the boundaries at the southern end of the district, exoludlng certain portions of the Santa Fe right-of-way, and possibly including 28 lots in CARLSBAD ESTATES, was disoussed fully. The matter of including the proposed high. school property on Chestnut, (also the mmmar school to be cson- . - structed east of Highland Drive, if possible f was brought up, but it Dr. &wold .&irohild, ohairman of' the Citizens' Advisory Commit- . mendation that another bond eleotion be held as soon as possible, was point.ed out that Ft,woulB be .no advantage .to include school property as under atate law they would pay no ad valorum tax, whereas if they were included later they would be permitted to make a contri- . bution to the disl2!ic% Copies of the schedule worked out by the attorneys for oarry- ~. ing out the election proceedings were passed to members and studied'. Dr. Fairohild reported that he had set up the following sub- committees: publicity, Mary Pace, ohairman; Slogan and Emblem commit- tees Chris Christiansen, Chairman; and campaign manager, Bill Balmin. Be stated the Committee. feels. that the Council should set some formu- lae for oapltal contributions'. After oonsiderable discussion, Can. Sutton moved that the Di- rector of Public works be instructed, before this meeting adjourns to revamp the boundaries of the district to form Carlsbad Sewer District #2, extending the southern boundary to a point 375 feet south of Tamarack Avenue, after includlng all properties north thereof; also including the Alice Huston property and the City-owned property; aqd excluding any property reasonablg requested by the Santa Fe Wlway to-be excluded': otherwise to be the same as the boundaries of Sewer District #1, hayor MoClellan asked about including the Gallinger Tract, pointing out that doing so would Bdd approximately $90,000.00 va: ation;; but cmn. Sutton stated he had deliberately. omitted it as he felt it would be a GIeterrent to passing the bonds'. Dr. Fairohild was asked for his:.:ppinion and stated he felt it would be a very desirable thing but may cause friction which would result in diffloulty in the election. Seconded by Cmn. Ede. Ayes, Cmn. Castorena, Ede, Sutton, Helton, Mayor McClellan; nays, none.; absent, none; motion oarried. After further discussion, hu3, Sutton moved that 28 lots of the Carlsbad Estates be included in the proposed City of Carlsbad Sewer pistriot #2 upon recommendation of the mvisory Committee, Seconded by -k. Helton. A11 ayes, no nays, motion carried. Mr. Anthony submitted a map showing revised boundaries 8s out- lined for the proposed Carlsbad Sewer District #2. ' Cmn. Castorena moved that the ,nap definlng the boundaries of proposed City of Carls- bad Sewer Distrfct f2 be accepted and approved, sub3ect to the con- dition's of counc$lman Sutton's motion in regard to inclusion of Carlsbad Estates'. Seconded by Cm. Sutton, 811 ayes, motion carried. The Public works Director filed with the City 'Clerk a set of plans and specifications for the proposed constriation .of the Sewage Dis- posal plant in City of Carlsbad Sewer District h'. The matter of capital contribution. oharges was deferred unti? further study by the comcil and reconmendations by the Committee. Dr. Fairchild announced that he would call a meeting of his committee on Monday nigtat, February 21st, at 7t30 P,E. Mayor McClellan sw= gested that some of the council members attend the Committee meeting ' and work with the Committee ,-In trying to develop a formula for this capital contribution charge@. City Attorney Smith stated that if the Counoil feels tkt there is a general city-wibe obligation on public installations, they can pay for it from the general fujad from year to year, as the buciget is set up5 After discussion; Cmn, Ede moved that the Councril indicate its tentative proposal to the Citizens' Advisory Cobittee of a contributio~ of 10% for the first year of the requirements of the bond redemption and interest on Carlsbad her Distriot #2. Seconded by Cmn. Helton. &U. ayes, motion carried'. to create Carlsbad Sewer District No. 2, was summarized', %i3. Ede moved that first reading of Ordinance #5020 be waived, with the read- ing of the number and title, and that such waiver constitute first reading. Seconded by Cmn. Castorena, All ayes, motion carried. c,omm'; Swirsky of the P-lannlng commission passed copies of the proposed agreement with Gordon Whltnall & Assooiates covering a Planning Study for the City of Carlsbad, to members, and stated the Commission unanimously recommends that the Contract be executed, the work to be commenced on &rch 1st and completed during November, 1955% He explained that revision of the terms was worked out so that pay- ments would correspond with availabilitv of f1InA.s- ana +hat nn.l*.TIaQ- Proposed Ordinance #5020, an ordinance of necessity and intention 6 ' pondence-with the Assooiates indicates that leeway will be given on time of payments if necessar . After discussion, Cm, Sutton moved -the adoption of Resolution# z 5pmathorizing the execution of an agree- ment between Gordon Whitnall & Associates,and the City of Carlsbad, and the affixing of the proper signatures; said Resolution to.authorize the agreement as of Harch I, 1953. Seconded by Cmn. Castorena. All ages, motion carried. I City Clerk Ewald read the recornendation of the Planning Commis- sion that the Parks , Recreation, Beach and Tree Commission's pro- posed ,master plan of beaches and parks be accepted and submitted to the County for Inolusfon in the County Hiaster Plan. It was noted that no recommendation on same had been made by the Harbor commission and it was decided to defer action on the matter mtil their recom- .mendation is received. The Chairman of the commission was conWctQit, and stated.that the Harbor Commission wished a 1ittX.e mom time to 'consider the proposed master plan as outlined by the Parks, Recreation, and Beach and Tree Commissioa~. City Clerk Ewald read a memorandum from the Planning Coamission recommending approval of the request of the Gallinger Corporation for variances in side yard setback on Lots 8, 11, 3.6, 29 and 30 in Carlss J bad. Estates. After discussion, Cmn, Ede moved that the recommendation -t of the planning Commission be aecepted and variances to permit re- 13 duction in side yard setback on Lots 8 11, 16, 29 and 30 of Carlsbad $ Estates be granted. Seconded by cm. tastorena. Four ayes, no nays, Mayor hClel3.m abstaining for the reason that-he is acttlng as-agent in the sale of this property. 3 City Clerk Emla read a recommendation-of the Planning commis- sion that the application of K. L, Beacker of go6 First Street, Ocean- side, California, for variance to permit reduction in front yard and side yard setbbak on property described as Lots 14 and lj s Block,B-, byes company Addition to Carlsbad'. After discussion, Cmn. Castorena moved that the recommendation of the planning Commission be aceepted and varianses as requested be -granted. Seconded by Cmn, Helton, A11 ages, motion carried. The City Clerk read a recommendation of the Planning commission that the applioation of fi. F. Heidegger for reclassifioation from B-2 to R-3 of all of Block A (except that presently zoned R-3) pali- sades, be approved and granted. - It was noted that practically all owners of property.whieh would be affecrted had signed the petition in support thereof: .$fter discussion, cmn, Ede moved that a hearing be set for 730 P~.H. on Harah 1, 1955, on the application of H.. F. palisades, except that presently zoned B-3% seconded by &ma, Sutton'. A11 ayes, motion cam ied . 1. r Heidegger for reclassif ioation from R-2 of. all of Block A Mr. Anthony submitted a map prepared by Mr. Ernest Taylor for adjustment of the mutual Oceanside-Carlsbad boundary line at vista way ar the Freeway. No action was taken. After a L5-minute recess t the Councbl was reconvened at 9 :If; p,.K\ Mr. Anthony reported that the Linooln Street drain was completed and that at Grand and Madison Street is progressing. Corn. Swirsky of the Planning commission reported that the Planning Commission has adopted a policry of authorizing the Planning Director to publish Notice of Hearing on applications for varianoe that come in by Wednesday, so they may be heard at the next meeting. I. Wr. Anthony ,was excused at 9:25 P.M. The %yor offered for approval of the council. the name of Mrs'. Jeanne %Cam 3750 Westhaven Drive, for appointment to the Library Commission. &nn. Sutton moved that the Couacfl approve the appoint- ..merit of Rrs, Jeanne kCann to the Carlsbad Library Commission'. Seconded by cmn, Ede. A11 ayes, motion oarried. Hardin urging that every possibility be explored toward transferring funds into the Fire Hydrant fund so that the very successipl rtici- The City Clerk read a letter to Cmn, Castorena from Fire Chief .pation program on fire hydrant installations oan continue* A% on i2 the same subject, the City clerk read a letter from Col. I, H. Gron- Seth asking that the ordinance be amended to assess a charge on the. building permit on lots to be servioed by an existing hydrant. cmn', Castorena stated he had distmssed the transfer of funds with the City Clerk, who had stated he felt that $500.00 might be transferred from the contingenoy.fund% Deferred until the budget siQE\8%&m was studied'. The City Clerk reported that as of February 1, 1955, 152 business licenses 'had been issued, as against 81 on the same date. in 195'1". He also reported that sales tax payments to date amount to $2547.13, with three payments still out?. Referring back to the letter regarding transfer of funds to ty. , fire hydrant fund, after discussion It was decided to transfer 4b3OO.00 from the .contingency fund to the fire hydrant fund, CIUQ. Castorena moved the adoption of a resolution (#l54) transferring @300.00 from the contingency fund to the hydrant fund for the installation of four hydrants. Seconded by cmn. me. All ayes, motion carried.. Action on Col. Gronseth's proposal was defemd for further study'. ' Referring back to the letter from the City of El Cajon encllosing copy of resolution urging the Board of Supervisors to support the uniform sales tax proposal of the Lea ue of California Cities, cmn. Ede moved the adoption of .Resolution # 155 along the lines of..that adopted by the City.of El 'Cajon. Seconded by Cm. Castorena'. A11 ayes, motion carried. cmn. Sutton moved the approval of the minutes of the meeting of February 1st as written. Seoonded by Cmn. Helton. All ayes, motion carried. .A City:~lerk Ewald asked whether the budget type of report was more valuable .to the members than the ,cash on hand type of report. All members stated thet they preferred the budget type. " Proposed Ordinance #9040, changiag zone of all of Wilsonia Tract and a portion of Section 31, was summarized and the number and title, read. cmn. Castorena moved that first reading of proposed ordinance &040, with the reading the number and .title, be waived,and that such waiver constitute first reading of said ordinanoe$ Seconded by Cmn. Ede2 A11 ayes, motion carried'. - Chief PalkmBkf. was .excused at 10 :20 P.M. - Proposed Ordinance #9039.was given second reading in full. cmn. 1. -. - ade moaed the adoption of proposed Ordinance #YO39 changin zone of Block 32, Carlsbad Tomite, from B-3 to C1. Seconded by t mn. Helton. Ail1 ayes, motion carried. ' City Attorney Smith reported on Bill #lllO, introducted by Assembl man Hegland, concerning tk Municbpal Sewer District Act, and explained same. He stated that Mr. Hegland had sent him all the bills corning 6- before the present session'. The City Attorney re orted that the draft of the proposed amend- ment to County Ordinance P .12j4, pertaining to the plumbing Bode, Is not pert-hent since this ordinance was not adopted by the -City of Cn.rlsbad{. Cmn. sutton moved the approval of the bills to February @, 1955, as oertifled by the City Clerk and approved by.the Auditing Committee. 6mn. Helton moved the -a&roval of the payroll to February 16th, $,. as certified by the City Clerk and approved by the.Auditing Committee'. Seclonded by Cmn. Sutton. All ayes, motion carried'. City Clerk Ewald reported on the balances re&lning'in the con- struction fund and in the site and engineerfng.fund .of the Christmas Tree funds, and, after discussion, he was asked to arrange a meeting with I$. phelps and Mr. An.t;hony to strafghten out the matter of ap- plications filed and balances veaaiknin~. The possibility of the City having to go to condemnation in aa- quiring the sewage- disposal pbnt site was discussed. The City At- torney stated that oondemnatlon suits have priority Over Civil suits 6 . but the matter might well-take six months. After discussion, cmn. Sut.i;m moved that the City Attorney be instructed to prepare to ac- quire the necessary property for the sewage treatment plant, as iodi- oated in the engineering report, by 2mmediate and appropriate action, to incZude the commencement of a condemnation suit if required'. Seconded by Cm. Helton, All ayes, motion carried. Mayor McClellan reported that he had received a letter announcmg bhe reactivating of the Citizens' Advisory Committee on smog control, enclosing proposed uniform ordinance by the Supervisors and the nine cities of the ,County, Referred to the city Attorney for study and a report. After further discussion on the resolution to oppose the diver- sion of tidelands oil royalties to the State General $'und, Can. Ede moved the adoption of Resolution #I56, opyosin the changing of See- tion 6816 of the Publio Resources Code of the 5 tate of California to divert increased monies to T h5 General Fund, Seconded by cm. Sutton, All ayes, notion carried, City Clerk Ewald reported that a lot of work had been done by Mr.. Ed Ridley of 0oeansi.de with -the Oceanside. Chamber of Comrnercze and the Oceanside City council to secure their supporG of the site approved ..3 3 by the CAA for a Northern County Airport, and that the proposal will I a go before the Northern County Chambers of Cornrneroe next Tuesday night. Be also reported that the MA is taking action to withdraw the airline retention of the Bonanza Airline Franchise, Seconded by Cmn, Casto- iiena. A11 ayes, motion carried. >. 4 franchise from this area. Aff;er discussion, Cmn, Ede moved the adop- 5 tion of a resolution, to be drawn by the City attorney asking the There being no further business to come before the Councfl, cmn. Sutton. moved for adjournment to 6215 P.M. February 22nd'. Seconded by Cmn. Helton, All ayes, meeting adjourned at 11:20 P,M, Respectfully submitted, 1 PI, 0, EWD, City Clerk' V -*"""-."""""*"""" """" pIMU'@S OF ADJOURNED PEETING OF CARLSBAD CIIY COUNCIL February 22, 1955 Meeting oalled to order at 6=20 P.M. by f9ayor ~vIcClellan. Present besides the Mayor were Cm, Ede, Castorena, Helton, Sutton, and City Attorney Bruoe Smith', Second reading was given proposed Ordinance #j020, and ordinance of necessity and intention to create Carlabad Sewer Ditrict #2. The distric,t was outlined on the map by kyor &$lellan, who'expla&ned that a nap of CarLsbad Estates showing the lo$s 60 be inoluded would be attached to the map. cmn, Castorena moved the adoption of Ordinance #j020, Seconded by Cmn. Heltcn, Ayes, Cm. Castorena, Ede, Helton, Sutton, byor. ' j McClellan :. Nays, none; absent, none. ! There was some discussion as to whether any specifio guarantee of the City's oont$ibu.tion to the bond redemption for 1956-57 could be made. The City Attorney stated he felt that 8 buaget item could not be adopted for that fiscal year, but explained that a "sinking fund' could be set up, out of which the City could actually flnance the extension of the sewer lines, etc., accepting money from the sohools, eto. 9 The City Attorney presented a petition in which the cities of the North County area petition of the Board of County Supervisors to accept responsibili%y for the acquisition development and operation of a. North County Airport on the Irwin blly land. cm. Sutton moved the authorhation of the signature of the Mayor on the petition to the