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HomeMy WebLinkAbout1955-03-22; City Council; Minutes' ' MINUTES OF AD30URLJED MEETING OF CARLSBAD 'CITY COUNCIL Marcb 22, 195% Meeting called to order at 7t05 P, Me by Mayor McClellan. Present besides the Mayor were .Cmn, Castorena, Ede, Helton, Suttoa, City Clerk Bwald, Public Works Director Anthony, City Attorney Smith, ,Police Chief Palkouski. Cam. Ede 'moved the approval of tha 'minutes of February 15th with Cmn., Sutttm moved' the approval. of tho rninntis of *'he adjourned meeting of February 22nd; and the minutes of the meeting of March lst, as corrected', Seconded by Cmn. Helton, All ayes, motion carried. I minor corrections. Seconded by Carn. Heltaa, All ayes, motion carried, -, The City Clerk read the following correspondence: Letter from the Board of Civil Aeronautics a,cknowlcdging receipt .: 1 of petitfon in the laatter of the Bonanza Air Lines franchise. Letker from Senator Knowland acknowledging receipt of Resolution 3 prote'sting cancellation of the Bonanza certificate. n Letter from Senator Kuchel acknowledging copy of Resolution -L. 'protesting cancellation of the 'Bonanza certificate, -4 B d 3 Letter from the City of Oceanside dated March loth, acknowledg- ing copy of Resolution supporting League of Cities Uniform Sales Tax proposal , Report freta the County of San Diego on tax collection showing the amount of Carlsbad taxes for the fiscal gear 1954-55, charged to the County Tax Collector, as $75,148.14; and giving a break-down on same. T.he City Clerk .reported that receipts of taxes since July I, 1954,. total $51,027.55; and that e8timated"ad valor- tax receipts according to the 1954-55 budget are $69,541.63, $5,596,51 less than the County's figures. I' Letter franr the California Highway Commission dated March 1,. 1955, transmitting copy of Resolution restating policy for determin- ing freeway routings, Letter from Headquarters, First Marine Division,.Camp Pendleton, thanking the City for the warm reception given returning meabets of the. First Division on March 17th, Letter from 'the Better Business Bureau, San Diego, advising of the,adoption of a resolution opposing distribution of coupon book advertising .imd enclosing copy of said resolution', Referred to Citg Attorney Smith. Can. Ede was asked to work with him on the matter. Letter. from the:California Sewage and Industrial Waste* Associa- tion annottncing'meetings on April 28, 29 and 30th, and a Councilmemts -.- meeting on April 27th, at Mission Inn in Riverside, At 7t30 P, M. Mayor McClellan opened a public hearing on the matter of the forlratfon of CarZsbad Sewer District #Z, announcing that the same procedure is being followed as,ia the formation of District #1, City Clerk Ewald announced that Notice of Public Hear- ing was published on March 3rd and loth, and that there has been oa file in his office maps showing the exterior boundaries of said pro- posed district. I Byrl Phelps, the engineer for said proposed district, explained under oath the proposed plant and outlined the boundaries on the wall map, describing in dttail.the differences in.boundaries from those of Carlsbad Sewer District'gl. Mrs, Sonneman, 1044 Efm Avenue, asked whether the District will be liable for the maintenance of the high- ' pressure line which is to be built to serve the Carlsbad Estates and ,was advised that it would not. .. &. Phelpe showed a plan of the proposed disposal plaat and de- scribed the treatment process. Mr. Larry Buchart asked what popula- tion the plant is designed to serve, and. was advised that It would v. .r .. initially serve 10,000, with provssion for later expansion. Mr* Buchart asked whether he ,toad go into-&-. Phelps' office to gather further engineering data on this subject, and was advised he Was at liberty to do sor '&e City Clerk reported 'that 'there were no written protests. Mrs. Sonneman stated she felt that the whole City should be in- cluded in the District, The City Attorney egplained that the entire City could not be included as only property directly benefitted can be incl'uded; that there must be at 'least a:potential benefi't'; and * that property to be served later. may be connected "upon a .connection charge basis. Mrs. Sonneatan was asked whether she was entering a formal protest at this time and stated she was not yet clear on some details but did not wish to enter a formal protest. There were no ' other protests, The hearing was declared closed at 8:20 P. M. Proposed Ordinance.#S021., an ordinance establishing Carlsbad Sewer District #2, fixing boundaries and calling a special election, was summarized, after reading the number and title in full, Cmn, Eda moved that with the reading of the number and title in full, first reading of 'proposed Ordinance #SO21 be waived, and that such waiver constitute first reading of the ordinance, Seconded,by Cmn, Castorena. All ayes, motion carried, The following members of the Harbor Commission were present for consultation at the request of the City Council: Chairman David Dunne, David Baird, George Parker, C, C. Walters, Calvin Young, and Orville Jeffers. Mr. B. M. Christiansen was unable to be pertsent 4.8 he was attending an installation of officers of the Northern County Chamber of Commerce at Viata. The City Clerk read a 1ett"er from Sena'tor Kraft pertaining to the setting up of,, a State agency.for adainistering small boat harbors,' and a letter from Assemblyman Hegland asking .that he be'advised what date was desi'red 'for hea'ring of the propesad Carlsbad Harbor bills9 Mayor McClellan summarized the present situation regarding nego- tiations with the Sen Diego Gas & Electric Company and expressed the .concern of the Council over the 'failure of the conference between City officials and the Gas Company, Chairman lhnne was asked to ex- press his,views and stated he felt it was most important to maintain . good relations, with 'the Gas Company and assured the Council th.at the Harbor Commission has the best interests of Carlsbad'at heart ita all its actions, He outlined three couyses of action open to the City: (1) to take no action pending action on the bill; (2) to request further negotiations wikh the Gas Company; 6r (3) to accept the offer of the Gas Company. He stated he.had been a .minority of .one in vot- in'g to attekpt further negotiations, Mr, Parker, Mr. Baird and Hr, Walters-all spoke in favor of continuing to support the legislation, pointing out that to withdraw support at this point would be -disappointing ad letting dom the ' many citizens and' groups in Southern California'who-had'aligned thern- selves with Carlsbad in promotion of the legislation; particularly the Sportsman's Club who spent a great deal of tibe and effort and about $15,000.~00 in cash in a dredging operation to develop a saall craft harbor at Agua Hedionda, and who had relinquished to the Gas .Company,a five-year lease with option,to purchase property at the mouth of the estuary, upon their word that they would do for Carlsbad what the Sportsmen were trying to do -- creaba small boat refugc. Mr. Jeffers stated he was not in favor of pushing thea Gas Company too hard,, even if necessary to wait until next year. City Clerk Ewald reported that the California Marine Parks and Harbors Assoc.iation is backing all four bills introduced on the Carlsbad Harbor3 and that this is an' organization of approximately 40,000 members. After a ZO-lninute recess, the Council was reconvened at 9:20 PM. Discussion on the Harbbr matter ms resumed. It was brought ,out that'the Gas Company undoubtedly feels that passage of the Navigable Stream bill might cast a cloud on their title, and the. City Attorney stated he felt that if the streem' were' decbayd navigable they would probably bring suit to quiet title or for declaratory relief. I 3 a :a ic 4 4 a I I 7.1 .. Mr. Young stated emphatically that tis felt a lease on the upper lagoon would be worthless unless there was: access to the sea. ' . ' Cmn. Ede stated he felt the City should not back the Navigable Stream bill in view of the antagonisdl that would be creqted, not only with the Gas Company butswith other agencies. After,eonsiderable discussion, Can. Ede moved that the City withdraw its support of the Navigable Stream bill and instruct.the Harbor Commission to proceed with that in mind, Seconded by Cum. Sutton. Ayes, Can, Ede and hatton; nays, Cm. Castorena, Helton, Mayor McClellan. Motion failed, 3-2. Mayor McClellan asked that the final decision be accepted as the unified decision of the community. Eugene Smith, president of the 0-C Sportsman's Club, hated that at their last meeting it was voted to.appropriate $50.00 on expenses to support the .legislation in Sacramento, The matter-of suspending the employment of Mr. R..L. Patterson to make an engineering study of the mouth of the lagoon was dis-: cussed. Clan. Sutton moved the adoption of a Resolution suspending the further services of Mr. R. L. Patterson pertaining to an engineer= ing Stacy of the.Agua Hedionda lagoon (Resolution #162) as a harbor site. Seconded by Cmn. Castorena. All ayes, motion carried. There was discussion on the question of appropriating funds for expenses incidental to support of the pending legislation. Cam. Ede moved the authorization of the expenditure of $150.00 by the Harbor Commissfon from their budgeted funds, for expenses indicental to the support of the' Agua Hedionda legislation, Seconded by Clan. Helton. All ayes, motion carried. City Clerk Ewald read a. letter from the Carlsbad Mutuel Water Company advising that they had appointed the'foll6wing coaraaitted to study the future of the water.situation in Carlsbadt C. H, Ingalls, C. A. Anthony, and R. R. Robinson; and aeking that the City appoint a committee to meet with this group. The City Clerk reported that the Municipal Water District has appointed W. W. Rogers, Allan Kel1.y and P.at Zehler as a Water Problems Committee, and that W..D. Cannon is representing the Terramar Water Coslpany and the Chamber of Com- merce had named Tad Pahl and Glenn Feist as its representatives. Cm. Ede moved that the CounciX appoint I, H. Gronseth, Max Eweld and Cmn. Helton representatives.of the City on the proposed Water Study Committee. Seconded by Cmn. Castorena. All ayes, motion carried. The City Clerk read a letter from the State Compensation, Insur- ance Company enclosing refund check amounting to $177.72 resulting from th.e safety record of the City employees, The City Clerk read a letter from Walters, Woody and HRimer- dinger making proposals-for buying municipal sewer bonds of the City of Carlsbad. The Clerk was asked to notify them that no proposals could be entertained until after the bonds are voted. on April -26th. City Clerk Ewald read a letter from the Shoreline Planning As- sociation enclosing resolution opposing diversion of a greater pro- portion of tidelands oil royalties ta the General Fund of the State of California. Action has already been taken. City Attorney Smith reported on his meeting with Carroil Smith, Frank Chase, superintendent of the High School District, and Walter L. Glines, superintendent of the Eltmbnbary School District, in an ef-fort to work out some plan for sewer lines to serve the proposed Carlsbad High School and the proposed Valley grammar school. Saqer- a1 plans were discussed at the meeting, the one most favored being that the school.districts would construct the line to City SpeCtfii cations and then sell it to the City, to be paid for by a wai~tw of the City's right to. make capital contribution charge and by further waiver to,charge maintenance and operation. It was pointed out that the Gallinger Corporation will contribute $8500.00 to the total cost of the line. The City Attorney stated hehoped to have a prelimifiary draft of the .contract drawn by tomorrow affernoo@. Mayor Mc,clelfan stated he felt that before the proposed draft goes to the County Counsel it should be cleared with both school boards. -The City Clerk read a memorandum from the Public Works Director recornending that nathing be done at this time regarding color 7.. 4 -. .. photography of sewer lines, but that an item be included in next year's bvdget to cover samer . City Clerk Ewald read a recommendation of the Parlrs, recreation, Beach and Tree Commission that the City negotiate with the Gas Com- pany for access rights:aqross their property, Cm. Ede moved that the City Attorney be instructed:to cotltact the San Diego Gas b Elec- tric Company by lettcr'to open negotiations on the lease or easement rights across their beach-front the.south jetty to the warm.water discharge channel, Seconded by Cmn, Castorena , All ayes, motion. 4 carried , " Cmn. Caotorena informed the Council that three of the 'regular police officers had just received their certificates of graduation OR completion 0f.a course in police training,and techniques from the San Diego Police Academy, It was proposed and agreed that the City Council of Carlsbad write a letter to the City Council of San .Diego thanking the@ for the opportunity of sending these officers to school; also a letter to each of the police officers expressing the Council*s pride and appreciation. The City Attorney reported that efforb to purchase the Felt property.for the sewage disposal plant have resulted in Mr. Felt*@ proposal to enter into a 99-year tease at $500.00 per year, . Mr, * Felt wishes the sign to remain on the property, After discussion, the City ilttorney'was instructed to either work out a sale or begin con- demnation procecdipgs immediately, Sutton moved for adjournment, seconded by Clgn, Helton. All ayes, meeting adjourned at llt20 P, M, There.being no further business to come before the Council, Clan, V. Respectfully submitted, X. 0, EWALD, City Clerk =35EllrrEIrtPIIDP~'='19===L"5r3e=1 MINUTES OF MEETING OF CARLSBAD CITY. COUNCIL Ami1 5, 19s Meeting called to order at 7:lO P. M, by Mayor McClellitn, Present baaides the Mayor were Cmn, Ede, Helton, Xastorena, Suttok, City Clerk Ewald, City Attorney Smikh; Public Works Directon Anthony, Police Chief Palkowski. Absent, none. . Ge. W. W, Rogers, member of the San Diego County Water Authority, was present to ask the Council to take a stand against a bill before Congress providing for a,large diversion of water from the Upper Col- orado Basin which will, if passed, jeopardize the water supply of this area. He stated that the California Water Board and Metropolit= an Water District are opposing the bill in Congress and most of the agencies of Southern California ar?e passing resolutions a$med at its defeat. After discussion, Can. Ede moved-the adoption of a resolu- tion similar to the one subaitted, favoring the present status of tho Colorado River Coapact and opposing the bill which would divert the water; and that the City Attorney be requested to draft. such a reso- lution, Seconded by Cmn. Helton, All ayes, motion carried. The City Clerk read the following correspondence: Letter firom Mayor Richardson of Oceanside to Mayor McClellan, expressing his intention to co-operate and maintain the present . pleasant relationships, and commending the Mayor for his fine work.. Cmn, Ede -stated that Mr* Franklin Lilley, City Administrator of Oceanside, had written a. simil.ar letter, Copy of application of R, Rochin for ABC off-sale beer and wine license at the former Apex Market, Referred to the Chief ofi,Police, who stated he receives copies of all such applications, which are automatically. granted unless protests are entered, Letter from the San Diego County Department of Public Health announcing that the X-Ray Chestmobile will be in Carlsbad in Kay, Letter from Sheridan Hegland dated March 25th, advising that .. the Navigable Stream bill has been set-for hearing at 3800 P. Me