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HomeMy WebLinkAbout1955-05-03; City Council; Minutes1 I 3 4 3 $ 2 I I Cmn,'Castorena reported that Mr. Haight of the State Retirement program was in Carlsbad on Friday and explained the benefits of the retirement plan to City officials" and Police Chief Palkowski. Chief Palkowski was asked to outline same and stated that most'sixth class cities in the County, with the exception of Escondido and Carlsbad, have adopted ihe plan, the Highway Patrol is in it, and 81 cities in the State of California have embraced it, For' police and firemen it covers a 20-year period, to age 55 years, although it can be extended to age 60; on miscellaneous employees, the retirement age is 70. He explained that after serving 20 years the ernpl'oyee' retires at half-pay; if totally disabled on the job he would be re- tired ata half pay for life; if killed, his wife would receive half pay untilshe remarried, or the children in event of her passing. The City contributes not quite half of what each participant pays, and must buy up the time since the date of employment. He exp'lained - that thk first step is a survey filled out on' each member, his age, length of service, monthly salary, etc. Cmn. Castorena recommended that the survey be made. After discussion, by common co-sent the City Clerk was instructed to write for the proper forms and proceed with the survey, The City Attorney stated he had received confirmation of the order from the title company ,on the Felt land for the sewage disposal plant. Second'reading was given proposed Ordinance #9041, changing zone From R-2 to R-3 of Block rcAn, Palisades, Cmn, Castorenq moved the adoption of proposed Ordinance #9041. Seconded by Cmn. Sutton. All ayes, motion carried. Copies of a rough draft of proposed Ordinance #6035 covering coupon book advertising were passed to members for study. a. Crnn. Iielton moved approval of the minutes of the meeting of March 22nd, with one minor correction, and of the meeting of April 5th as written. Seconded by Cmn. HcClellan. All ayes, motion carried. Mayor Ede announced that lie had appointed Cmn, Sutton to serve on the Auditing Committee in his p2ace. Cmn. NcClellan reminded the Council ,that in the audit report last year it was pointed out the lapse that had occurred because the auditor was'not called in until August and did not count the cash on hand June 30th; and proposed the adoption of a resolution employing Everts Q Esenoff to audit the City records for the fiscal year 1954- 1955. *Seconded by Crnn. Helton. X11 ayes; motion carried. * Cmn. ilelton moved the approval of the payroll from April 16th to April 3Oth, as certified by the City Clerk and approved by the Auditing Committee. 'Seconded by Cmn. McClelian, All ayes, motion carried. Cmn. Helton moved authorization of payment of bills from April 5th -to lgth, as certified by the City Clerk and approved by the Auditing Committee. Seconded by Cmn. McClellan. All ayes, motion carried. ..* There being no further business to come before the Council, Cmn. Eelton moved for adjournment, seconded by Cmn. Sutton. All ayes, meeting adjourned at 11:OO P. M. V Respectfully submitted, /s/ M. 0. EWALD, City Clerk """ ...................................... MINUTES OF MEBTING OF CARLSBAD CITY COUNCIL - - - - MAY 3. 1955 Meeting called tu order at 7:05 T. M, by Mayor Ede. Present be- sides the Mayor were Cmn. Castorena, Helton; McClellan, Sutton, City Clerk Ewald, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkowski. The City Clerk read the following correspondence: Letter from John D. Butler, addressed to Cmn. McClellan, thanking 2 him for his co-operation during his term of office as biayor. Letter from Senator Fred H, Kraft dated April 28th, advising that S.‘?3. 1437 has been set for hearing by the Senate on Tuesday, May loth, at 1O:OO A. ‘M. The City Clerk reported that. this information has been passed on to the Harbor Commiss5.on. Letter from Senator Fred A. Kraft dated April 28th, thanking the City Clerk for the wire of April 26th urging opposition to S. H. C, 28. Report from League of California Cities on samz subject. Letter from Chief Clerk of the Assembly inviting attention to II. R, No. 125 approving erection of historical monument on the site of the Carlsbad Wells, and enclosing copy of the resolution. The City Clerk was asked to write a letter expressing the Council’s ap- preciation, Letter from the Division of Highways dated ilpril 27th, advising that they are recommending the installation of a lakge reflector- ized sign at the southbound approach to Elm Avenue from the freeway, toiether with additional advance signs indicating the approach to the business district, Letter from Governor Knight to the Mayor on the subject of Ju- venile Delinquency, pointing out that while the nation as a whole had an increase in juvenile delinquency, the State of California showed a sli’ght decrease, and suggesti9g the setting up of town meetings as discussion grouy on this subject; with a meeting in April, 1956, to report on the town meetings, The Police Chief was asked to draft a reply outlining the juvenile program here, to be signed by ‘the Mayor. Letter from Bud Wolters expressing thanks and appreciatian. to the City Council, the citizens of Car-lsbad, and especially to Chief Palkowski for snaking it possible for him .to take the course in De- , linquency Control at USC in September. Letter from the Security “Trust &+ Savings Bank requesting copy of resolution authorizing the City to carry an account.in the Secur- ity Bank, It was recalled that a letter of authority was wpitten very early in the City’s history on this subject, Cmn, McClellan moved the adoption of a resolution authorizing the City of Carlsbad Branch, Seconded by Crnn, Helton. All ayes, motion carried, .to carry an account in the Security Bank of San Diego, Carlsbad The City Clerk read a memorandum from the Planning Commission recommending denial of the application of Wm. Martin, 2386 Jeffer- son, for variance to permit reduction in building site area on property located a6 Jcfferson’and Las Flores, slnce a motion to recommend approval had failed, 4-3, The Clerk read a letter dated May lst, signed by the Nartins and five neighboring families, sup- porting the application, Corn, Cockrill of the Planning Commission was present and stated that the Commission felt that under the land use study now in piogress, something might be w6rked out to solve this problem. PIr , George Grober and I&, ti’. T\r, Rogers, as fie11 as the Martins, were present in support of the applicationi Cmn. bfc- owners in this tract’might Take a covenant that they will adhere to a 20,000-foot minimum building site, even thought the area may be reclassified to R-lA, After considerable discussion, Cmn. Sutton moved that the matter be referred back to the Planning Commission , for further study, to be reported back at the next Council meeting. The motion died for .lack -of a second. .Cmn. McClellan .offered a motion that the variance. requested by Nr. Nartin be granted over the recommendation of the Planning Commission for denial. Seconded by Cmn. Castorena, During further discussion it appeared that the necessary unanimous vote to over-ride the Planning Commission could :?ot be obtaihed, and Cmn, McClelian withdrew his motion with consent of the second, and moved that the application of Mr, Martin for re- duction in building site area be refe.rr(ed back to the Planning Com- mission with the following observations: that the two nearest ad- joining houses are on parcels of one-third to one-half acre; that the adjoining vacant lot was reduced by highway acquisition to .67 <if an acrep leaving that owner still eligible for a building permit on that’parcel; that the very high cost of sewer assessment for 369 *Clellan stated that he had suggested to Gen Rogers that the few I 3 -4 n 4 .-A 3 I I d (i .. .. Feet;.. of 'frontage. esake. the entire site too costly For a single .resi- dense. sito;that the Ci.ty has at the present time no Classification which would ,meet the. .desires in this neighborhood ..as to land area; that .e,he nearest classification would permit building sites smaller thaw-they feel .are suitable in this location; and the: Council etrong- Iy urges that the Planning Commission find some waf'of .permitting the. variance to be granted without waiting for the completion of the study of a proposed new ordinance, in the light of'the' written sup- port of .the adjoining owners, which has been received since the de- cision of the Planning Commission, and upon the verbal opinion of the City A,ttorneg that this matter may be reopened without advertising another hearing, Seconded by Can, Helton. All ayes, motion carried. ' . The City Clerk read the recoameadation of the Planning Commission that the applic.ation of A. L. Bevares, .3135 Roosevelt Street, for variance to permit reduction of front yard setback from 50 feat to 40 feet to allow construction of a business building at property line in e C-1 zone,' be approved. After discussion, Cmn. Heltorr moved that the Council .accept the reconmendation of the Planning Commission and grant the variance requested by A. L. Nevares. Seconded by Can. Sutton. All ayes, motion car~ied. City Clerk Ewald read the recommendation of the Planning Cmis= sion that the fentative map of LAGUNA PARK subdivision be approved, aubjeet to the recommendations of the Public Works Director, Public Health Department, and the Fire Chief., and =king conditions as follows: (1) that an exception be granted in the width of the right-of-way of Davis Street., allowing a +foot width instead of '60 feet, and 36 feet curb-to-curb instead3of 40 feet; and that the sub- divider be required to give an accurate and legal descrifitfon of the boundaries of the subdivision and furnish a written statement of the proposed use of the parcels as required by See. IV-A-11. of Ordinance #9025. After discussion, Cmn. Suttoa moved the adoption of a'resolu- tion approving the tentative map of LAGUNA PARK er KNOWLES PARK as clarified by the Director of Public hrks, subject to'the conditions imposed by the Planning Commission, the Director of- Public Works, the .Fire Chief and the County Health Department, and that said require- ments shall be met within the prescribed period of time; that the legal description shall be presented to the Director of Public WakSi~ prior to any further development of the property:, and not later, than May 13, 1955. Seeollded by Cmn. Castorema. All ayes, resolution ' adopted. Cmn. Sutton stated he had discussed the status of the re- zoning matter with Mr. Garber of the San Diego Cas @ Electric. Can- pany and advised him the hearing before the Council would be resumed on May 17th,. and that Pzr. Garber had requested that a copy of the recommendations be seat to him. A draft of. the resolution of the Planning Commission reconmumding adoption of an interim ordinance zoning all uneoned territory was. read, but it. was decided to refer same to the Chairman and Secretary of the Commission for clarification of Paragraph "A", where a zone "2-A" is referred to. 'The City Clerk read a mentwandum from the City Attorney quoting the Government Code concerning the appointment of a City Manager. The City Attorney pointed out that a City Manager could not be:ap- pointed until the office is first created by ordinance. After dis- cussioa, Cmn. McCleXlan sffered a notion tirat the City Attorney be instructed to prepare an ordinance establishing the office of City Manager of the City of Carlsbad, and define therein sound reqsone for its being classified as an urgency ordinance, and that said or- dinance be ready for the Councilfs consideration as an urgency ordin- ance on May 17th. Seconded by Cmn. Castorena. All ayes, motion carried. : It was decided that the ordinance would be given second reading at an adjourned meeting on Mag 31st, becoming effective the following day. After a ls-leitlute recess, the-C0unci.l was reconvened at 9tZO P. X. Mayor Ede announced that-the dedication of f;he Holiday Park will be held on Saturday, May 7th, immediately following the parade. City Clerk Ewald asked the Councilmen to be at-the Hotel at 9r30 A; M. on Saturday. .. ...- ._-- Mayor Ede reported that the Library Commission at its recent-meet- ing had considered a tentative site for .the City: Library at one ",, .._ corner of. Xoliday- Park; that a representative of the Parks, Recrea- tion, Beach and Tree Commission had met wi6h the Library Commission end outlined the proposed development of the park, City Attorney Saith reported that a contract is being prepared covering the transsction between the Women's Club and the City .on the Holiday Park land transfer, whenein the City .will -exchange the souther- ly tip of the park area for a,parcel of the Tillran property purchased by the Woments Club, and the Women's Club will conditionally deed to the City, for public parking, the prop,erty on Eureka Place, to revert to them if used for any other purpose, with a right of easement to the Women's Club over the property. Can. Castorena stressed the necessity of hiring a guard at the . lagoon during Saturday and Sunday of Spring Holiday to take care of the expected water activity. , After di.scqssion, Cmn. Castorena offered a resolution authorizing the Chief of Police to employ an additional officer to serve on Saturday and Sunday as 'a harbor patrolman,, to be paid $10.00. per day for his services, fr-om the contingent fund, he to furnish his own boat, the.City to furnish the Gasoline. Seconded by *. Cmn. Sutton. All. ayes, repolption adopted. rl'J., Anthony requested permission to run the grader on Skyiine Drive south,, coming in on Sunnyhill Drive, to provide a parking area for the Holiday crowd. The Council agreed by common consent. Fayor Ede asked the Counci.1 whether they feel it is necessary to re- ply to the newspaper ad run by the San. Diego Gas 6 Electric. Company. .The Council agreed that the ad is simply a reaffirmation 0f.thei.r stand ..and does not require a reply. .. City Attorney Smith reported that Byrl Phelps' office had furnished cost. figures on the proposed Chestnut Street sewer project and the matter had been discussed with the Connty Counsel after conferences with the three agencies concerned -- the Oceanside-Carlsbad High School District, the Carlsbad Elementary School District, and the City of Carlsbad, He stated the proposed line will run fhn Pio Pic0 and Chestnut out Chestnut to half-wqy between Valley and Monroe, south on Valley to Magnolia, out Magnolia to Monroe, out Monroe to Park Drive, The plan is for the City to contribute the cash sum of $lO,gOO.OO ($8,500.00 of which would be obtained from Gallinger Cor- poration). Carlsbad Elementary District would pay $11,500.00, which .would be their total cost, covering 40 years' maintenance and oper- ation. 'Oceanside-Carlsbad High School District would also pay ' $11,500.00 line cost, plus capital contribution charge and 12 years' maintenance and operation. The City would,be in charge,of awarding of bids and supervising construction, which would be subject to the inerpoction of the Public Works Director, and the line would be the property of the City .of Carlsbad. If the bid is high, the. City would be obliged to pay the additional cost. There was some,discussion as to the possibility of borrowing funds froa the Sewer Maintenance and Operation fund, to be refunded e,ither by a tax levy imposed on the entire City or repaid on the revolving fund idea, Cmn. McClellan stated he believed the Council should indicate whether they'will consider or consent to such a plan of furnishing $2400.00, plus any additional funds in case of a high bid. After considerable diecus- sion, Cmn, Sutton moved that the form of contract agreement with the Carlsbad Eleyentary School District and the Oceanside-Carlsbad High School District,be approved for submission, Seconded by Cmn. Xelton. All ayes, motion carried, St was decided that the Council would meet in adjourned session on May 10th at 7:OO .Po #. to open bids on the sewer project. The City .Clerk read the ronthiy report of the Fire Department for April, 1955, as followst Fires: ........... .. Automobile 1 .. Mutual Aid (Encinitas) . . . ,J Grass............. 1 Total ... 3 .. ,Resuscitator ............ 1 Miscellaneous ............ 1 Average Attendance at alarms . e . . 16 Business meetings .......... 2 Drill meetings ........... 3 Average attendance ......... 17 I 3 -1 D 4 -A a4 3 I I at City Clerk Ewald read the monthly report of the Police Department for April, 1955, as follows: -. Arrests .' 4 . . , , . , , , . . , i . *.. 6 Accidents ., . *. . . . . 5 Traffic Citations '. . , . 9 , . , . .33 General cases . , + '. , . . , . , . 82 The contract covering State Retirement for the Police and Fire Department employees was studied, and Cmn. Castorena moved the adop- tion of a resolution instructing the City Clerk and any other C*ty officials to sign and return the Retirement cont&act, at a cost of $60,00 for the six employees for %tie survey, same 'to be held until information is received on including an extra employee, Mrs. Vererilyea. Seconded by Cmn. Sutton. All ayes, motion carried, x, Cmn, McClellan moved that 'the bills from April 19th to .%y 3rd, as certified by the City Clerk and approved by the Auditing Committee, be authorized for payment. Seconded by Can, Helton. All ayes, motion carried. Cmn. Helton moved that payment of the payroll from May 1st to Ma3 16th, askertified by the City Clerk and approved by the Audithg Conhittee, .W approved. 'Seconded by Cd, McClellan. AX1 ayes, motion carcried. ' ' * e E Cmn. Sueton moved the approval of ehe minutes of April 19th with on6 minor coprection. Sconded by Cmn, "Castorena. All "ayes, motion cargried. ' Thie.vot6 of -the eledtion of April 26th.'creating Carlsbad District #Z and rothag $60,000.00 bonds for the construction of a sewage treat- mint add disposal plant, was canvassed by the Council, Cmn, McClein.lan moved that the Council declare that the following vote was recorded: - YES NO TOTAL Precinct A .260 ~ 42 302 Precinct B ,215 .a u Total votes 'in Precincts 47s 83 558 Absentee votes '4 - 0 4 TOTAL 479 83 562 - - Seconded by Cam, Sutton. All ayes, ntotion.carried, Proposed Ordinance #6035, covering coupon book advertising, was discussed. Cmn. McClellan sugga2sted'that Mayor Ede take this ratter up at ,the Mayors' meeting and see whqt is being done over the County. It was agreed to handle the matter in this manner. City Attorney Smith reported on the matter of the rate change applied for by the San Diego Gas b Electric Company, stating that apparently there will be! three rete classifications; the lowest for San ,Diego City, the next highest for Carlsbad, Escondido and Ocean- side, and the highest rate for the County and unincorporated citids, He stated there will be a hearing on.Wednesday, the 4th, and testi- mony will be taken on Friday, the 6th; that Mr. Lilley of Oceanside is going down and would like to'have a City official from Carlsbad join with him in resisting the discriminatory rate, Cmn. McClellan moved that the City C1erk.b authorized to attend the conference on Wednesday and that"the City Attorney be requested to attend, if possible, the hearing and present testimony, and that both officials be urged to make the strongest possible representatisn for the County- wide unibomu rate for incorporated cities in the County. Seconded by Cum. Helton, -All ayes, motion carried. The City Attorney reported that nothing has been received from the Title Company on the Felt property. Cmn. McClellan moved thatsthe meeting be adjourned 'to 7 P. M., on May 10th. Seconded by Can. Helfon. .All ayes, motion carried, meeting adjourned at 1l:OO P, M, Respectfully submit tsd , /agd/ Mo 00 EWALD, City Clerk V MINUTES OF ADJOURNED MEETIMG OF CARLSBAD CITY COUNCIL-"AY 10. 1955 Meeting called to order at 7:OS Po M. by Mayor Ede. Present be- sides the Mayor were Cmn, McClellan, Castorena, Sutton, Public Works Director Anthony, Citiy 'At'torriey SmXt€i, * Abient, Cmri, 'Heltoa, City Clerk Ewald. Present for &orisult'aiiion was Mr. 'Byrf Phelps, engineer. Acting as City Clerk,. Natal'ie \tes4ai'lyea. ,i- .. Notice of Invitation ,to Bid on the Chestnut Avenue sewer project was read, and the Clerk announced that five bids, each accompanied by bond, were received, as foilows: k'* v. Hutchison . . . . . . San Diego Schafer '& Stowers .. . . . . El Cajon Paul Nelson Construction Co. Lemon Grove ., Ii. H. Peterson Coo . . . '. Sen DCego Castillo 6 Thibedo . . . . . Vista The bids were opened and contents read .aloud by the Cierk, as follows: Item # HUTCHISON SCHAFER b STOWERS PAUL NELSON. PETERSON CASTILLO 1 3.89 3.35 3.55 4.04 * 3.35 2 4.19 = L 3.90 , 4.26 4.25 3.72 3 5.52 8.00 5.52 5.05 5.22 4 7.4s 9.00 7.67 6.00 + 6.65 5 227.00 175.00 228.21 216.00 230.00 6 269. GO 200 . 00 250.00 235.00 - '300.00 7 . 329.00 265 00 325.00 * 275.00 375oOO B1.n $32,918.44 28,934.20 31,270.10 33.,034.96 29,638024 The bid of Schafer b Stowers was found to'be the low' bid, Mr, Byrl Pheips stated he knows the contractor, who has done work for him, and would recommend that he be awarded the contract, provided his bond is in order. The bond was examined by the City Attorney and found to be in proper amount and form. Cmn, Castorena moved. that the bid of Schafer 6 Stowers of $28,934.20, with individual items' as listed, for construction of the Chestnut Avenue sewer line, be accepted, Seconded by Cmn, Sutton. All ayes, motion carried. Cmn. McClellan moved the adoption of a resolution instruction and empowering the Mayor to.enter into a contract with Schafer 6 Stowers for construction of the Chestnut Avenue sewer line, subject to approval of the contract by the City Attorney, . DirectoP of Public Works, and the engineer, Byrl Phelps; and subject further to the exec,ution of the joint powers contract between the City of Carlsbad, the Carlsbad Ele- mentary School District, a,nd the Oceanside-Carlsbad High School Dis- trict. 'Seconded by Cmn. Sutton, Mr. Schafer expressed concern over any delay in signing the contract as the working tin$ on tlie contract 'is short; and it was agreed that a condition be 'included in the contract that for every day -beyond May 15th that signing of the contract is de- layed, the contractor will be allowed a working day beyond July 1st for completion of the job. Xots on the resolution: four ayes, no nays, Cmn, Heltoxi absent; resolution adopted. City Attorney Smith stated he would be in touch later in the even- ing with the School Districts to ascertain whether they will sign the agreement as proposed, and if all goes well the contract aould b, ready for signing tomorrow afternoon. .. Byrl Phelps was asked about inspection and engineering fees, and estimated that they would total $2400.00 to $2500.00. It was decided to add a contingency figure to bring the total estimated] cost of the job to $31,500.00. Cmn. Sutton moved that Byrl Phalps be authorized .to apply for the remaining amount of the Chapter 47 funds to apply on engineering costs on the Chestnut Avenue sewer project. Seconded by Cmn. McClellan. All ayes, mo6ion carpied. There being no further business to come before the adjourned met- ing, 'Cam. Castorena moved for ' adjournment , seconded by Cmn. Sutton. All. ayes, meeting adjourned at 8:OO P. M. Respectfully ,submitted, * jsgd/ H. 0. EWALD, City Clerk V I 'a -4 0 =r: 3 I I ;f MIHU*@S. OE'''M3ETZNG OF CARLSBAD CITY COUNCIL * .I 5 - Mal 17'. 3955 . ." Meeting call-ed eo order at 7tU5 Pi Hi by Mayor .Ede. Present be- sides the Mayor were Cmn. Castarena, McClellan, Sutton, Helton, City Treaaurer u Pace, Public Works Director Anthony, City Attorney, Sntith, Police Chief Palkowski. Mayor Eda announced that City CleSk Ewald is in Sacramento on Harbor legislation, and that City Treasurer Roy Pace wkll be Acting City Clerk.' Acting Clerk Pace read the following correspondence: Latter from the County of San Diago announaing an advertised hear- ing on County Air Pollution Control at the Civic Center on May 31, 1955,' at 2 P, M., to consider the recommendation of the Cornmieta* one representing the City will attend the meeting, Cmn. McClellan stated that the contemplated plan is to employ one man to conduct're- search and keep abreast of the threst, and he felt the Council ought to indicate whether it favors or opposes the recoaaarendation. * which met to study the Air Pollution problem. It was agreed that aomee Letter from the Division of Highways, attaching copy of statement of gas tax rtvebues, indieating'Carlsbad's'allocation as $20,243.28. Latter from the Carlsbad Journal protesting the z-ecent establish- sent of a amall .printing office at 2850 Highland Drive, in an R-I zone, as 'being an illegal land use and unfair coarpetition.. The .City . .- Attorney and Public Works Director were asked to inquire into this matter and ascertain whether it is'a violation of zoning or can prop- erly be classed as a home occupation, and if fuund to be fllegal, to take steps for abatement. ' Memorandum from the Planning Commfssion recoasmend4ng approval of the request of W. H. Maptin, 2386 Jefferson, for variance to permlt reduction in building site area on property located at the corner of tas Flores and Jefferson, Coma. Bamgartner of the 'Planning Coeaatis- sion was'present and explained the Planning Commission's reversal of ita former rccoaraendation. After 80816 discussion, Can, McClellan moved tRat the Council grant the application of W. H. &$tin for re- duction in building site area, as recoamended in the aeoond memorandum from the Planning Coaerission. Seconded by 'Cmn. Iielton. ' All ayes, motion carried. . .. ;. . Mestorandum'from the Planning Commission recommending that. the application of the Pilgrim Holiness Church for special use permit to allow construction of a church on the southeast corner of Adam' and Magnolia, be denied. The reconmeladation of the Public WWks Director was read, ,pointing out that due to the narrow width of both Adam and Magnolia, it would be necessary to require off-street parking. A letter with approximately 60 signatures of property-owners in the area, protesting the granting of the permit, was read. The appli- cants were present and stated that'in view of the opposition regie- tsred, they wished to withdraw their petition; stating they were ex- ploring other possibilities abd'would like to apply their application fee on another site, Cmn. Sutton moved that in view of the circum- stances, that the applicant is a charitable organization and is vol- untarily withdrawing its petitfon, the City refund 50% of the appli- cation.fee. Seconded by Cmn. Castorena. All ayes, motion carried. Plemoranduaa from the Planning Commission condftionally recommend- ing approval of subdivision rmps of POINSETTIA BEACH UNIT #1 and UNIT f2, submitted by Paul Ecks, The maps were studied, and recom- sendations of the Fire Chief and Public Works Director were read. It wqs noted that no recommendation has been recefved from the Public Health Department as-to sewage disposal. The low water pressure, as indicated in the Fire Chief's report,,based on figures frm,the Board of Fire Underwriters, was discussed. After discussion, Em. Sutton moved the approval of subdivision maps of POIPSETTIA BEACH UNIT 81 and UNIT #2, subject to the recommendations of the Planning Commis- sion, Public Works Director; Fire Chief, and County Health Department, including an agreement to be drawn- to maintain the present water pressure of TERRAMAR; and that the setback shall be worked out to the satisfaction of the Public Works Director and the Planning Co~funission. Seconded by'Cnm. Castorena. All ayes, motion carried, The matter of the hearing on the zoning of unzoned lands in the City of.Carlsbad was resumed, continued from the original'hearing. The-Clerk read the resolution of the Planning Commission recommending adoption of an interim ordinance zoning all unzoned lands to R-A, g. .. witkthe exception of the San Diego Gas a. Electric Company land' on which- the 'Encina plant is located', and the beach areas. Present -were Horace'and Allan Kelly, W. D, Cannon, Arnold Brilhart, and Mr. Free- land, representing Mr. Paul Bcke. Mr. Cannon stated he would like to havb a'buffer *ne between TERRAMAR and the Encina plant. . Mr. 'Bril- hart expressed himself .as fee1in.g that the matter should be given con- siderable ' thought' from .the- standpoint of th.4 over-all picture;. that hi8 f irar would 1ike"to go irito an area which everyone agrees will be the proper area to develop for industry, and that they are willing to await proper planning. Allan and Horace Kelly both stated they felt likewise. After a 20-sinute recess, the Council was reconvened at 9t35 P. M. " Afte.r further discussion, Cmn. McClelfan moved. that the Council request the City-Attorney to prepare an ordinance or ordinances to accomplish the recommendation@ of the Planning Commission in respect to the presentiy unzoned areas of the City of Carlsbad; and in ad- dition; that the 8 lots in TERRAMAR on which dup1,exes are located (Lots 32 to 39) be classified R-2, since that i.s their present use. Seconded by Cmn. Sutton. ':All ayes, motion carried. .n A statement of costs for connection to the Chestnut Street seue~, submitted by Byrl PheSps' office, 'was passed around for the Council's study. After discussion, Can. Sutton moved that after consultation with Clan; McClellan and Public Works 'Director Anthoey, City A€torneg Smith draft. aa ,ordhanco fvr the consideration of -the Council cover- ing connection fees and 'costs for' sewer. connections. Seconded by Cmn.' Helton. All ayes, motiolp. carried, (X%+ At&- Smith summasized .a resokutiom for'.the -Council's ' . consMapati~.I-~l-~ri~g the- cens~t~ruot&aa ... of. .the sev&ge'.di:sposal prant to. be"a public aecesssty';' also authori-zing €he City .Attorney to institute condemnation proceedings. to^ .acqui,re...,-the...na~94~p land for this purpose. After discussion, Cmn.'Castorena proposed the adoption of Resolution #I73 as outlined by the City Attorney. Second- ed by Cmnb Relton. 'Five ayes, no nays, resolution adopted. The City Attorney was Asked to set up a schedule ,of procedure .for the Public works Director l s guidance. : The City Attorney was asked about the adjustment of the Oceanside- Carlsbad boundary, as discussed in earlier aeetings. It. was re- called. that the City Attorneys of Oceanside and Carlsbad were to work together on,the aratter, and City Attorney Smith was asked to , notify Mr. Moore that this City is ready to go ahead, The, City Attorney reported.,that contracts and bond for the faith- ful performance .of same and reconstruction of the streets-on the Chestnut, .Avenue sewer matter have been signed by the proper parties and.-fhe.rattrirr is fully covered. Cum. McClellan asked regarding public liability insurance .and Mr. Anthony was asked to see the, con- tractor. immediately regarding same. The City Attorney reported that the contract between the Ocean- side-Carlsbad High School District, the Carlsbad Elementary District, and the City of Carlsbad regarding the sewer matter have also been 'signed, and he was congratulated on the successful termination of the long negotiations. Mayor Ede mentioned the '"Good Government" placque to be present- ed by the Junior Chaaber of Commerce to Ex-Mayor McClellan, and he was .. congratulated by the Council. b bill for $83.18 from'the Parks, Recreation, Beach and Tree Commission for grading and clearing Holiday Park was read and turned over to the Clerk.. Mayor Ede. reported that the Library Commission had been approached by the Women's Club on the subject of setting up a City Library'on the Holiday Park site, with the idea of the City acquiring additional property for this purpose. Can. McClellan suggested it might be well to explore the possibitility of locating it in the block Bround the Civic Center; After some discussion, Wyor Ede was asked to write a lettqr to the Planning Commission, the LibraFy Commission and the Pqpks Conmission suggesting that they get together and discuss the Garious possibilities and make a recommendation to the Council. I 3 "I n rl: 3 I . .. 8: Mayor Ede reportad that he has -been unable' to gather any infor- mation regarding the :coupon. ,book advertising ordinance; that he had brought it up at the Msyors' lneeting and none had done anything with it, It was agreed that the matter be deferred for the time being, The City Attorney submitted copies of the contract covering transfer of prowrty between the City of Carlsbad and the Women's Club, whereby the City exchanges Parcel "Bn for Parcel W", and Parcel nA1t' for parkhag purposes only, He explaitwW2 that Cmn. Mc- ,ClelTan had agreed to furnish legal description on the City property to complete the form. Cmn. McClellan moved the adoption of Resolu- tion #174 authorizing the Mayor and the City Clerk to execute the contract effecting the property exchange with the Womea's.Club. Seconded by €mn. Helton. All ayes, Resolution adopted.: Proposed Ordinance #lo40 creating the office of City Manager' of the.Citp af,Carlsbad was studied by the Council members. Mr. .Gar- land of the Carlsbad Journal was present and was asked whether he felt it would be precipftant to adopt the ordinance as an urgency ordinance at this meeting, and answered that he felt that this is, the. time to proceed, The ordinance was read in full. After dis- cussion, Cmn, McClellan moved the adopted of proposed Ordinance .> #1040, creating the office of City Manager, as an urgency Ordinance, Seconded by Cmn; Castorena. Five ayes, no nays, ordinance adopted, Cmn, .Sutton moved the adoption of a resolution authorizing the employment of.&. Herbert E. Nelson as City ManiSger of the City of Carlsbad, commencing June lst, 1955, at a salary of $500.00 per month, together with necessary expenses .and mileage at the rate of 109 per mixe for the use of his private car. Seconded by Cann, Cas- tarena, Five ayes, no nays, Resolution adopted. Cmn. McClellaa stated he felt excerpts should be prepared from the League of Cities' salary schedule of the information from Cities of comparable size . It was decided to make an analysis of the City's option rights on the equipment rented Erom Joe Apodaca under the contract ending June 3 0th. "The bill for $160000; allowance for expenses for the three .-n who went to Sacrambnto' regarding Harbor legislation, .was discussed, and the Clerk instructed to pay the $10.00 above the authorized amount ,of $150,00, .. .. Gmn. Helton moved the approval of payment of the bills through May Isth, as certified by the ,Clerk and approved by the Auditing Committee. Seconded by.Cmn. XcClellan. All ayes, motion carried. Cmn. McClellan moved the authorization of payaent of the ,payroll from May 15th to 3ls*, as certified by the City Clerk and approved by the Audithsg Commlttea. Seconded by Cmn. Helton. All ayes, notion carried: ' s - . ._ .I I I Proposed Ordinance B801.7 authorizing use of asbest-os pipe for dry plumbing vents was summarized. Cmn. Helton moved that first reading of proposed Ordinance #8017 be waived, and that such waiver constitute .first read.ing. Seconded by Cmn. Castorena. A11 ayes, motion carried. Cmn. Sutton .moved the approval of the May 3rd minutes, ~ Seconded by Cmn. Castorena. A11 ayes, motion carried, Can.. McClellan moved that the Mayor be authorized expenses for .attending official functions and meetings, up to $15.00 per month for the remainder of the fiscal year. Seconded by Cmn. Castorena, All ayes, motion carried,. .Mayor Ede gave a. short report on the Mayors' meeting, stating that the League was strongly endorsing the uniform sales tax bill, coming up for hearing today; and that the Ci-ty Clerk had been .asked to' send .telegrams to all representatives in Sacramento indicating QUI? support. He stated the bill had met with unexpected opposition from the Farm Bureau, and that RepresenLatives Luckel and Sankary arc against it, 0. ' .Councilmen were asked to make reservations by Wednesday noon with the City Clerk for the League of Cities' dinner meeting Friday at San .Diego, .. It was announced that Col, I, 11. Gronseth had been appointed to the Citizens' \\'ater Study Committee and will attend the Wednes- day meeting. The City Attorney reported that he had attended the meeting 011 thenmatter of the increase in electrical rates applied for by the San Diego Gas &+ Electric Company, which was continued to June 1st. ~ ~e stated that even though a creditable showing may be made by the contestants, it seemed probable' that the three-zone system Will be adopted, .He commended Mr. Winder and Mr, Reese on the Very excel- lent job they are doing. There being no further business to come before the meeting, Cm.,Castorena moved for adjournment, seconded by Cnn. Helton. All ayes, meeting adjourned at 11:17 l'. 'Me Respectfully submitted, v. E$. 0. EWALD, City Clerk ."""""====.======""""""" """"" ,""""""" MINUTES OF MEETING OF CARLSBAD CITY COUXCIL - JUNE 7. ,1955 Meeting ,called to order by Mayor Ede at 7:OS P. M. Present besides the Mayor %ere Councilmen McClellan, Castorena, Sutton, Helton, City Manager Nelson, City Clerk Ewald, Public Works Di- rector Anthony, City Attorney Smith, and Police Chief Palkowski, The City Clerk read the following correspondence: . Letter from the Women's Club regarding signs. Referred to City . Manager for reply. /. Letter from Assemblyman Luckel regarding the uniform sales tax bill as amended. The City 'Attorney was asked to be .prepared to present an ordinance which would 'raise the sales tax in tae City of Carlsbad to 1$, upon receipt of copy of the bill as fin- ally .adopted. Letter from the County of San Diego Public Health Department dated May 18th, advising that the gnat control program' is complet- ed and treatment was 90% effective, and recommending that -for best results, if the same program is desired next year, negotiations -should be commenced earlier. Letter from Dr. H. A, 'Baughman dated May 24th, commending the City Council and City officials, with special -praise for A*. An- thony for his =courteous and efficient services during the build- ing of their home. Mr. Anthony was commended by the Council. Letter from Brilhart Musical Instrument Corporation withdraw- ing their application f0r.M-1 zoning of a portion of the Horace Kelly land which they were proposing to purchaise for industrial purposes; also pledging their co-operation in the City's efforts to properly zone the unzoned lands. Copy of letter from the County of San Diego Boundary Commis- sion to Glenn R. Feist regarding exclusion of the Keith Tract from Carlsbad and annexation of same to the City of Oceanside. The map accompanying the letter was studied and the feeling ex- pressed that.too much area was included in the proposed exclusion; .that .it would seem illogical.to relinquish land of assessed valu- ation such as the portion of the Atchison, Topeka 6 Santa Fe Railway Company right-of-way; but that property which may be.buflt upon and require utility services should be relinquished. The Clerk was instructed to write a memorandum to the Planning Commis- sion requesting that they and the Public Works Director carefully study the map and make a recommendation at an early date as,to what property they felt should. be included in the relinquishment, Memorandum to the officers and employees of the City of Carls- bad reappointing them to their present positions.