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HomeMy WebLinkAbout1955-06-21; City Council; MinutesI 3 -4 0 x A 3 I I. .. Police' Chief Polkowski announced the bicycle rodeo to be held at the Pine Avenue School on Saturday, the llth, from 9:OO A. pi. to noon, as a joint effort-between the Police Department and the school, children from 5 to 15 being iligib3s. He stated that if successful, it,will become an annual affair. The Council was in- vited to attend. There being no further business to come before the Council, cmn, Sutton moved for adjournment, seconded by Cmn. Helton, All ayes, meeting adjourned at lot45 P. M. .Respectfully submitted, V M. 0. EWALD, City Clerk *""""""""""""".-~"" EINWES OF MEETIRG CF CAPLSBAD CITY COUNCiL - JUNE 21. 1955 Meeting called to order at 7:05 P. Ivl, by Mayor Ede. Present besides the Mayor were Cmns. Melton, McCl..ellan, Sutton, City Clerk Ewa.ld, City Manzger Melsor,, Public iziorks Director Anthony, City Attorney Smith, and Police Chief Palkowski. Absent, Cmn. Czstorena. ..I The City Clerk read the following correspondence: Letter f ron! the San Diego County Planning Commission enclosing report of the Board of SupervFsors on the proposed Northern San Diego County Airport site until 8. further detailed study can be made, TheCitg Clerk announced tht a. hearing would be held Ked- nesday morning, 11 A. iy?., at San Diego, which Rayor Ede stated he will try to attend; and reported on a preliainary meeting held to- day in Oceanside to nap ot!t strategy. Announcement of the 57th Congress of the League of California Cities to be held Septeaber 18-21 in San Francisco. It was aecided to discuss the possibility of paying the expenses of some City em- ployees or department heads to-attend the meeting, when the budget is-discussed. Letter from Helen M. Wills ,in reply'to letter from Wr, Agthony instructing them to cease operations at their print shop at 2850 Kighla.nd Drive, on the basis that said operations constituted a non-conforming use in an B-1 zone. %e City Attorney summarized events leading up to the writing of Nr. Anthony's letter at the Council's direction, and stated that he had had a visit from lqbsB Mills subsequent to her recei?t of Xr. Anthony's letter ~imd had advised her that he felt this was not properly a home occupa,tion; th8.t they could come before the Planning Commission and ask for a zone change or special use Germit. Comm. Stringer of the Planning Commission requested that the Conmission be given a ruling from the City Attorney as to how such a request could be handled by them. The existence of n2merous other similar violations of zoning was discussed at length. Mr. Reese and Ers. Mills, pBrtners in the business, were present and requested that they be allowed to con- tinue business until notice is given other violators. After dis- cussion, Smn. Sutton rnoved thet a11 non-conforming uses- started after the passage of 0rd.inance $ 9005 be given notice to cease operations, and, 3.f known to any City official, such violators shall be given witten notice to cease operation on July 31, 1955. The motion died for lack of a second. It was brought out that Xr. Reese had made every attenpt to conform with the City regulations, that he had talked. over with the City Clerk his intended use of the property prior to and at the time of taking out his business license, and that in view of the circumstances .should be given an extension of time in which to wind up his business. Cmn. Helton moveti that the Director of Planning be requested bg the City Council to grant to Kr. Reese an extension of 30 days, to August 7, 1955, for discontinuing their business, -pending their E.pp1i- cation for a special use permit; aRd also pending-further invest- igation of any other existing non-conforming uses. Seconded by Cmn. McCLellan Ayes, Can. I'icClellan, Helton, Ede; nays, cm. Sutton; 'absent, Cmn. Castorena. Notion carried. ,City Clerk Ewald a'sked for a clarification of tBeBwsiness License Ordinance # 6005 c:omeeiming home occupatfons and the City Attorney stated he would ) 6: . be glad to go over sane with him. Fk. Reese was 2.dvised to make app-lication for special use permit on the regular forms. Letter from the Carlsbad Cbmnber of Zonnerce dated June 15, 1955, recommending that the City purchase from the Division of Highways six excess parcels of land Lying easterJy of Pi0 Pic0 Drive, for the purpose of 3eveloping roadside parks, etc; also that the City zcquire from the Highway Department the piece of Right-of-my .lying along the lagoon. Cm. McClellan rep0rte.d on b.is visit to the Division -of -3ighways' office regarding possible purchase by the City of certain excess parcels and found that four parcels were being advertised for sale, two of' which are less than the required area for building in an 3-1 zone; of which. fact Xr. Nelson h2.d advised the Elgh~ey Degt. by letter. He stated the Right-of-%y Departnent indicated they would be very interested in disysing of these excess parcels and hp-ve redcsed their prices apnroxlmately 25:; fron the previously indicated minimum price of lo$ per sq,uare foot. The Council felt that any negotiations for use of the right-of-way at the lagoon should be first approved by the ilarbor Zommission. The City Clerk stated that the Ea.rbop Commission had tzken such action about three weeks ago, The Direc3opr of Public Horks WES asked to make an analysis of use to the City of the parcel of right-of-xay lying, along the lagoon . City Eanz.,.ger Nelson reported that ftE!~lIERGdI\TSV ZEA?XINC" signs will be instzlled by the Division of Highways on the Freeway a- long the lagoon, in response to his letter requesting sigEing of the area. The City Clerk was asked to advise the Chamber that ackuisi- tion of the snaller parcels of Freeway right-of-way is under con- sideration by the City Counsil. Byrl Phelps submittelt a copy of the resolution to be passed by the CTty Council regarding a?pltcation for the remaining :";560.00 of Chapter 47 funds , to be used for plans and engineering on the Chestnut Street sewer fund. He stated the original had been mailed to the City Attorney but bas not yet been received by him . Cmn. XcCle1la.n was temporarily excGsed at 8:lO P'. PI. Cmn. Sutton rnoved the adoption of Resolution $177, pertaining to the remaining 5560.00 of Chapter 47 funds to be applied to the -engineering on the Chestnut Avenue sewer installation. Seconded by Crnn . Castorena and McClellan . PIr. Bhelps stated that the Elm Avenue plans should be ready by the next regular xeeting; also that the plans for the semge disposal plant have been sent in to Sacramento and should receive ?,?proVal very soon . He stated he will be up to mke final insPec- tion on the Schafer & Storvers construction as soon as everything is completed -- that the compacting will be done by the contractor and the paving by the City. " Cmn. I'!cClellan rejoined the Council at 8:30 1. 14. City Clerk Zrrald read a memorandum from the Planning Commis- , sion, aproving from a land use standpoint, the site proposed by . the Library Commission and approved by the ?arks and Recreation CommlssZon for acquisition 3,s a library site, adjacent to Holiday Park. A tentative naster plan for Eoliday 2ark was xubnitted for approval of the Council, After some discussion and study of the na.p, Cm. McClellan moved that the Council ;r.pprove the map sub- nitted by the Parks Comnission as a general mster plan for the development of Holiday Park. Seconded by Cmn. Helton. All Ayes, motion carried. The 'Jity Attorney summarized the contract with the Td~men'~ Club for exc'm..nge of property, exnlaii.ling sa.ne in 'detail. He stated t:mt the? szlub has not yet approved it, 2nd Yirs. Nary Pace, VOmn'S club ?resident, VIES present an6 stated tkr_at there vas a slight discrepancy betweea the original plan subuittell to. the Club and the present tentative nraster plan in that. the latter Gid not include the road through the park; that the Club had suspended meetings durir;g the summer and she felt it absolutely necessary to resubmit the agreement to the membership since it differed from th.at originally submittea. She stated the next meeting would be held Septeaber lkth. - Can. XcClellan stated he believed the Council acted hastily in approving the master plan before the deed is re- corded, z.nd moved that the action apywoving the plan for develop- ment of Holiday Park be rescinded, for the re2sofl that a portion -of the property included in the nlan has not yet been acquired by l- ' the City; and. that consideration of the matter be resumed when ac- quisition hzs been completed. Seconded by Cm. Felton. A11 ayes, nbtion carried. The Coumii urged that the Parks Conmission and the Woman's Club speed up all possible the ironing out of this situation. ,.J "d :a < 5 I .. 1 Acting Civil Defense Director reported that iy! addition to the 200-bed hospital, Carlsbad will receive a. first aid station, which will necessitate storage space of 10' x.15' x 7' minimum; ths-t narcotics will be included in the supplies, making necessary maximurn security as to storage, The City Attorney reminded the CounciJ. of the slight conflict in- the ordimnee on Civil Defense, and was asked to review the situation with the City Manager and see what is required to correct same, After a 20-minute recess, the Council was reconvened at; 9:25 P. IiT. City Clerk Ewald read a letter from the Division of Highways dated. June 15th, attaching map showing proposed change in siging pursuant to previous exchange of correspondence on the subject; and asking that the'Counci.1 adopt a resolutlon a,p?roving the sign- ing plan. A petition with 74 signatures, submitted by Eddie Keatner, requesting that signs be placed at the south entrance to Carlsbad i13dica.ting "Carlsbad-C:cea.nside Coast Boute" and a.t the north end of Geeamside indicating "Cceansfde-'~arlsbad Cozst Rou-be" vms studied. The Counsil generally felt that the Division of fiighways were unwilling to divert traffic to Oceanside t'nrough CarlsSad via Garlsbad Boulevard, and vice versa, md that the pro - posed plan, consisting of placing four dtrectional signs -at the accesses, with "CkSLS3ADn in 8-in. reflectorized letters and the street name In smaller letters below, would, be an improvement over the present signing. It was decid-ed to co-ordinate with 0cea.nside and the City Pknager was asked to check with Frank Lflley and as- certain what they are doing, so that we may take parallel action. Letter from L, H. FaIrchiId, dated June l5th, asking reim- bursemem?t of .$26.66 d.ona.ted by meinbers of tee Citizens' Sewer Dis- trict Committee for costs incurred during preparation for the sewer bond election, City Nanager Nelson stated that he had ,called Dr. Fairchild and asked Zh8.t he defer the request, to be discussed in 6onnection with the Chamber request for funds for advertising and publicity. .Deferred by zomrnon consent to the budget discussion PIr. Anthony reported on the gurchase of a Seaman 'x mixer which he was able to buy for $Z,OC)O.OO, stating that it is in ex- cellent condition, de'lfvered Saturday and would be working to- morro7l. He reportel: that the. sewer job on Chestnut will be com- pleted this week, .and outlined for the Council an arrangement made ~1th the contractor for the City to do the repaving for an off-set of $1,800.00, . Ee stated the oil for repaving cost $1200.00 Plr, Anthony reported that he had spoken to the Water Company about a yard for the storage of City equipment, stating that if agreeable to the 2ouncil he will bring it up at the next Mater Board meeting and see what can be worked out, He was authorized to proceed to effect an agreement on 'the space, The Shafer C% Stowers bill for extension of the sewer was dis- cussed. Cm. IkClellan moved the authorfzzeion of the payanent, upon the zpproval of the ?ublic Works Director and City ii.z.nager, of the $1,800.00 out of the Public Works budget, with the pprovision that the City succeed to the reimbursement right of Schafer & Stowers after connectiou; fees are recovered. Seconded by Cmn. 1 i-ielton. Ayes J Cmn. Eelton, Zde, XcClellan; nays J Cm. Sutton. i.Iotion carried. Final sta.tement from Schafer 8~ Stowers oy! the Chestnut Avenue job, showing a babnce of $8,761.18. Iir. &Ison stated that he had checked with Calvin Gabriel, bus-iness manager of the Oceanside-Cazlsbad High School District J who stated that their bill on the sewer will be amount the first bills paid in the nev fiscal year, and tkt the City should receive it about July 15th. Cmn. HcClellan moved that payment of the bill from Schafer t3 Stowers be atrthorizefl, subject to the approval of the City Mma- ger an6 the Director of Pu'olic 7riorks. Seconded by Cmn. Helton. Ayes, Cmn. Ede, McClellan, Helton; nags, Cm. Sutton; ahsent, Cmn. Gaatorena. Motion carried, City Clerk 3mld read a memorandum from the City Xanager recommending that the City Attorney draft 8x1 amendment to. Ordi- _vla,nce # 2005 tc change the term of offize of the. Fire Chief to. an indefinite term. HE stated he ha6 had a. conferenoe with a member of the Board of Fire Underwriters and felt there is a good possibility of the i7ity droTping to Class 6, after doing a number of thinss that seem reasonable, CFI, Sutton moved that the City Aktorney be instructed to revanp Ordinance -I" 2005 along the line discussed, and tkt any necessary departmental a-stion be ta.ken. Seoonded by Cm. Helton. All ayes, motion carried. # The Sity Attorney, reporting on the nrogress of the lease - with the San Diego Gas & Zlectric Conpany, stated that there is reason to be optimistic at this time. Can. McClell3.n asked whe- thrr the lease contains the right for concessions end was advised that the present draft of the lease does not. Can. McClellan asked whether there was Included In the lease any portion of the south bank, and the Clty Attorney stated that they would be reluotant to oonvey any portion of property exoept that giving right of aooess. The City Attorney submitted the agreement for sale of real estate dovering purohase of the Felt property for the sewage disposal plant and explained provisions thereof. The question of obtaining polloy of title Insurance was discussed. Cmn. McClellan moved the adoption of a resolution that the Council approve the agreement submitted by the Cfty Attorney for the pur- ohase of the Felt property, sub jeot to the further clarifioatlon of the lioense (for the sign on the premlses), the Water stock if "appurtenant to the property, and the securing of a polloy of title lnsuranoe showing the title olear exoept for the taxes for next year and any easements of reoord. Seconded by Cmn. Sutton, All ayes, riiotion carried, Cmn. HcClellan moved the adoption of a resolution accepting the deed, to be seoured from Mr. and bs, Felt, pursuant to the agreement of sale. Seoonded by Cmn. Helton. Vote on the motion: ayea, HcClellan, Sutton, Helton, Ede; nays,. none; absent, Cmn, Castorena; resolution adopted, The City Attorney reported that prooeedings for the bond ' sales are going forward and O'PPelveng & Eyers wish lnstruotlons as to how the City wishes the bonds retired. .He explained that a better bid might be seoured on shorter term bonds of 12-year retirement; that on a 20-year basis there would be a sufferanee of 1/8th to l/4th percent whioh would amount to about $bl50,00 per year for the early years, reducing as time goes on. He stated that the bonds will be issued in about two months, and .in August, 1956, a payment of prinoipal and interest must be mads. Cmn. McClellan cautioned the Council that other demands of the oom- munlty must be considered, with two school bond issues, water bonds, possibly an improvement distrlot. After oonsiderable dis- csussion, Cum. Sutton moved that the Clty Manager be authorlzed to procteed with the advertisement for bids, eto., upon reoeipt of the approved plans and specifications, Seconded by Cmn. Helton., AI1 ayes, motion carried., Mr. Anthony was asked to contact Byrl Phelps and ask hint to do everything possible to hasten the approval of the State on the plans, The City Attorney reported that he, Cmn. MCClellan, ". Nelson, and Mr. Anthony had met an4 discussed the matter of sewer oonneo- tion charges, and had worked out a tentative plan of $3.00 per 9 front foot line cost and $50,00 capital contributipn charge for ' each.living unlt, and that the area would be ,made a part of the Main'tenance and Operation district, subject to ad valorum tax levy; also that a property owner may be allowed to connect a portion of his frontage, provided there is sufficient frontage remining on either or both sides to constitute another building site or. sites, It was agreed that an interim arrangement Bhould be made for the Publiu 'Jdorks Director to collect 8 charge for emergency connections, pending passage of the Ordinance, wr, Nelson stated that a letter had oome in from Byrl Phelps contain- ing a sohedule of the estimated costs. Cmn, Sutton moved that the Director of Public Works negotiate with any property owner who may wish to connect to the sewer line, basad on the sohedule prepared by the oomrnittee, instructing said citizen .that his de- posit shall remain as a deposit until the ordinance is passed, but that the oharge on his property will not vary more than 10% from the schedule as presented to him at time of the deposft; said sohedule to be based on $3.00 per front foot and $JO,OO per living unit, and that the property owner shall be notified that he will be subjeot to the ad valorum tax of the bintenaace and Operation Distrlot, Seconded by Cmn, Helton, All ayes, motion carried , The bill from the Water Company for approximately $6,500.00 j for T's and valves was dlsoussed, During discussion,. it was of future installat.ions, Cmn. Sutton moved that the neoessary . .I agreed to ask the Water Company to present some sort of a plan " .L.: transfer of funds be made to the fire hydrant fund, at the dls- c oretlon of the City Manager. Seconded by Cmn, .McClellan, All 3 ayes, mot ion carried. ;mi .ia :,."- Cmn. Helton moved the approval for payment of the regular bills, and the bill for the Seaman Pulverizer, subjeut to the ap- proval of the Auditing Committee. Seoonded by Cmn'. McCleflan. All ayes, motion carried. Cmn, Sutton moved the approval of the payroll up to and ln- uluding June 30th as oertified by the City Clerk and approved by the Auditing Committee, Sesonded by Cmn, Helton, All ayes, mot ion carried . Copfes of the tentative budget were passed to members for study, and City Manager Nelson wade an explanation of various items where increases or decreases are involved, stating that it may be possible to eff.ect a reduotion to 80p on the tax rate, due to substantial increase in assessed valuation, Cmn. Sutton asked whether it would be feasible for the City Manager to contact Mr. Lilley regarding possibility of the two ' cities passing ordinances increaslng the sales tax in acoordance with the new uniform sales tax ordinance. City Attorney .Smith stated that probably by fall a uniform ordinance will be adopted by the State, County, and Cities, Approval of the minutes of June 7th was deferred, Cmn. Helton' moved that the meetfng -be adjourned to 7:OO P, PI. on June 28th. Seconded. by Cmn, Sutton. All ayes, meeting adjourned at 11:45 P. M. Respeotfully submitted, V M. 0, EWALD, City Clerk . =~===PPPZI~SII=I~IOI~==-~~~===~==~~~=~====-~=~=~=~~=~-~~~====-~-~ + NIWUTES OF ADJOURNED NEETPING OF CARLSBAD CITY COUNCIL June 28, 1955 . . Neeting called to order at 7:OJ P, 14, by Mayor Ede. Present besides the Mayor were Cmn. Helton, kClellan, Castorena, and Sutton; City Manager Nelson, Public Works Director Anthony, Polloe Chief hlkowski, Absent, City Clerk Zwald. from Mrs. Walton, advising that the property immediately to the east, facing Laguna Drive and adjoining the Lampton property, was Mr. Nelson reported that a telephone call had been received