Loading...
HomeMy WebLinkAbout1955-08-02; City Council; Minutes.& 'A:' at a oost of $~~,ooo.oo. It was deoided that, slnoe he was not a regular employee, it was not required. 1955 as presented, I Seoonded by MoClellan, All ayes. Motion oarried, mlttee and the City Manager be paid, Seoonded by Castorena, All ayes, Motion oarried.' .. Mayor Me oailed the attention of the Counoil to the faat that Ooeanside is planning an ino'rease in the City Sale8 Tax to One Per oent and asked If the oounoll feels that Carlsbad should also g0 along with this lnoreaae, Mr. Nelson reported that, at a meet'ing In Pasa- dena, it was reoommended by the League'that if the present sales tax is under one per 'oent, it should be increased so that the County will Enow that all oltaes are one per oent, prepare an amendment to Clty Ordlnanoe No. 6025 to lncrease the City Sales Tax to one per oent (1%) effective Ootober 1, 19550 Se- oonded by Helton, A11 ayes, Hotion aarrled. .. .. Cm, Sutton asked about withholding tax on the lifeguard SalarYo,' Cmn. Sutton moved ratlfioation of the salary sohedub to JULY 15, Cm, Helion' moved that the bills as approved by the audltlng oom- Cm. Sutton moved that the Counoil instruot the City Attorney to I I Report from the City Atto-hey the deed from the City $0 the ' Woman 1s Club- has been signed but the Women 's Club .has not yet 8x8- outed the' deed to the City, The Lahfdirny property is in escroy and the $3,OOO,OO has been pala. The lady will be down on Tuesday to exohange instruments, ' A letter was read from General Good at Camp Pendletoa, inviting City offioials to attend the Open House to be held at Camp Pendleton on August 5th. City officials planning to represent the City at this Nelson, Roy hoe and Dewey MoClellan. 'event are as follows: C, A, Anthony, U, Max Palkowskl, Herbert'- Invitation reoelved'to attend the Mission Beach Fiesta whioh 1 will be held on July 23rd with offiaial oeremonies to-begln at 1:30& Po fvI. Myor Ede asked the members of the Cotmoil to oonslder whether or not .:the Counoll as' a group'or as individuals should take a stand on the Mlunioipal Water Distrlot Eleotlon and also on the issue of the dlsposition of the arlsbad MutFl Water Company,, , ahould await further developments, Cam MoClellan stated that he. feels that a stand on both issues Sutton moved the approval of the minutes of the June 28th and*the JuU 5th meetings. Seoonded by Cmn, Helton. All ayes, Motion . oarrled. Hel%on moved for adjournment. Seoonded by 'Sutton, All ayes. Meeting adJouraed at ll:3O. P, M. Respeotfully submitted. S Me 0. Ewald, City Clerk ",9~===="=12=P===i, "- 0 = = = "" """"-I "" I I - "-" p4fEJUTES OF MEETING OF' CARLSBAD CITY COUNCIL ~i i mwst 2, 1955 The meeting was called to order at 7:08 P, M. by Mayor Ede, Present' besides the Mayor were Councilman Helton, Castorena, Ma- Clellan, City Attorney Smith, City Manager.EJelson, City Clerk Ewald Public Works Direotor Anthony and Police Chief Palkowski. Cum, - Sutton was present after 7:30 P. M, The minutes of the July 12th and July .l9th meetings were read and typographiaal errors noted for oorreotion. Castorena moved thatthe minutes of J\ulyA12th and Jul 19th be mproved w reation of typographical errors a8 no e ed. Seoonaed bY I% &G%: All ayes. Motion carried. Correspondenoe was read by the City Clerk as follows: * Letter from City Attorney of San Diego regarding eleotrtcal ' rate inorease with acknowledgement of check In the amount of fifty- nine dollars 1$59.00) as fee'for Mr. Winder's reprekentation on PublioUtllities Commission, It was suggested by Cmn. IIcClellxm that - a oommurzieation be forwarded to the City of San Diego, expressing. the Council's appreoiation of their attitude in glvlng the smaller cities consideration in their policy of oonsiderlng the entire CounlOy rather than the City of San Diego. City Wager &laon was instructed to draft a letter oonveying these thoughts to the City of San Diego. Hayor Ede commented that he had talked with Mr.. Arnold Brill- hart who inquired if the Planning Commission had progressed to the rezoning of any of the outlying lands which remain in RA zone. .The City Attorney presented for first reading Ordlmnoe No, 9043 whioh applies to the Pirate Cove Associates' property and the Arthur 3. Glissman property. It was pointed out by the City Attorney that this ordinance is d a temporary nature and applies to the pro- perty rather than the individual owners. MoClellan moved that, with the reading of Title and N-er of proposed Ordinance No, 9043 ,. f lrst reading be waived. SBld waiver to constitute first reading, Seconded by Cmrr, Helton. All ayes, Motion. oarried; PARKS AND BECREATION Mayor Ede brought up the subjeot of appolnt- COMHISSION ments to the Park and Reoreation Ccmnlssion, stating that the terms of Mrs. C. F, Felt, Morton Neilson and Nelson I4estre.e will expire on August 10, 1955; also that the vacancymeated on the Commission when Mr.. Walter L, Glirres. resigned, was not yet filled. He further stated tbt he had talked with these members and they have agreed to acoept reapp.olntt;- ment, with terms.to expire on August 10, 1959. Cmn, MoClellan moved that the Coimofl confirm these reappolntments with terms to explre- August 10, 1959. Seconded by Cmn, Helton, All ayes, Motion carried. The name of Mr. Fred Hunttngton was proposed by byor Ede to fill the unexpired term of Mr. Walter Lo Glines. Cmn Castorena moved that the name of Hr, Fred Huntington, as proposed by Mayor Ede,' be aooepted to fulfill the unexpired term of.Mr. Walter L. Gllnes to August 10, 1956. - Seoonded by Cmn Helton. All ayes, Motion carried, HARBOR COMNISSION 'phe resignation of MP. George Parker was dis- oussed and Hayor &de presented the name of Col. Shaler Ladd for appointment to the Harbor Commission to fill the unexpired term of Mr. Parker. Cm. MoClellan moved the oonflrmation of the Name of -Col, Shaler lkrdd to fill the .unexpired term of Nr.. George Parker on the Harbor Commission,. term to expire on January 4, ls7. Seconded'by Cmn, Castorena. All ayes. Hotion carried. . .. 'Letters will be Sent confirming these appointments and asking that the appohtees stop in at the City Hall to be sworn in, Report. from Publio Works Director Anthony of reoeipt of letter from Mr. Bryl Phelps,with oopies of letters sent to Sacramento, u" ging the approval of the sewage disposal plans. The plans are now in possession of the Department of Fiaanoe for final approval. Publio Works Direotor stated his departnent is ready to proceed with oonstruotion of the tmlt when plaza@ are let for bids. The Felt property is now in escrow and work om commence when it is completed A transoript of the plans has been prepared to be forwarded to the Los Angeles off ice, The lease of the Publio Works yard located on Mutual Water Com- pany property was discussed. Payment has been set at ten dollars ($10.00) per .year, with any inorease 'In tages on the property, to be borne by the City, The Carlsbad Hutual Water Company would like to enter into an agreement with the Bity for resurfacing and maintenance of streets where water mains are constructed and repaired. Publio Works .. JL A' Direotor ,Anthony. stated that his department is capable of carrying out this work more eoonomloally than the Mutual Water Company and the City would reoeive oompensation for the work completed, The City Attorney has drawn up an agreement between the City of Carlsbad and the Carlsbad the meeting, Cmn. Castorena moved that an agreement be exeroised with the Carlsbad Mutual Water Company, subJect to the approval of the City Manager and the Direotor of Phblio Works, Seaonded by Cm, Helton, All ayes. Motion aarried, Cmn, McClellan stated that the oondltion of approval, as set forth by. the City Manager and Public Works Director, should be signed by them and appear in the file. I Mutual Water Company but the document was not available for study at Mr. Billy C, Fry, President of the Municipal Water Board took the floor outlining in detail the plans and proposals of the Distriot and to ask that the Counoil give their approval on the special bond issue. He emphasized that there could be no postponement of the Bond Eleotion, and urged the Couaoil to take a stand on the matter tonight as their deolslon would affect a Public meeting whioh is planned for next Tues- day evenlag. All members of the Municipal water Distriot Board were present; also their engineer, Mr. Short, A resolution of intent a- dopted by the Board was read, setting forth their views and stating that they are open to any and all suggestions and will consider any al- ternat,e plans submitted,. The bond issue has been presented to the looal Chamber of Commeroe the Catlzens' Committee and other service clubs, Questions were ln- . vited from those present and Mrs. Lena. Su.tton inquired as to how muoh money is set aside for aoquisltion of ,rights of way? It was stated that c.urrent estimates call for #lj,OOO to purchase rights of way in the * mile transmission line, Inquiry was made as to whether or not the County Water Authority would assist with the construction of branoh lines. A negative answer was reoeived. Mr. Fry emphasized tha-t, should any assistance be forthoming from and parent authority, the Board would be most eager to aaoept, Councilman Sutton stated that he feels that the Counail a8 a group should not enter into any bond eleotions, Cmn. NcClellan oommented that sinoe the Issue is tied so olosely with other City problems It seems desirable for the City to take a stand on the bond issue. 'k would like to propose that, shoe this is not a matter of urgenoy, and the Council has not had time to study the engineering report, action should be deferred until the next meeting. IVlayor Ede stated he feels that the Council should baak the Municipal Water Board proposal to the limit and that the Council should support the plans and go on reoord . as a group, Cmn. McClellan offered a motion to adopt a resolution that the Council endorse the bond issue providing the Municipal Directors will pass a resolution adopting a declaration of policy that the primary distribution faollities proposed In the distriat, be oonstructed only by firm and definite oommitments and ctontraots with areas to be served, before suoh construotion. Seoonded by Cmn. Ca.storena. Five ayes, No- tion aarried. Re solution . adopted, Mr. Fry asked "If an improvement distriot was. formed would that serve the purpose?". Cmn. McClellan ,agreed that it wouldi Dl souss the Cmlsbad present: P'lr ion was held on the advisability of the City taking over 8. C,. A. Anthony and Mr. W, W. Rogers, Both were of the Nutual Water Company. Two directors of the Company were bplnlon-that the Nutual is not sufficient for a City and steps should be taken to dissolve the Mutual and either the City of Carlsbad or the Municipal District to take over operation, Councilman McClellan stated that he feels that the Council should take the lnit1atl.v;e in the matter, Cmn, Castorena moved that the City Council set up a Joint oommittee with the Mutual Water Company to dis- cuss acquisition of the company by the City. Suggestions for members of the committee included two counoilrnen, two members of the Carlsbad Mutual Wa$er Company, City Attorney and Ci-ty Manager, and perhaps re- presentatives from Terramer and the North Carlsbad diatrio%, It was the deolsion of the Council that the number and selection of persons for the committee be left to the discretion of Mayor Ede, Seconded by Cmn. Helton , All ayes, Motion carried, Mrs. ' Lena Sutton and lJIrs . E. H, Meherson appeared before the .. Council as representatives of the Carlsbad Woman's Club, The Woman's Clubhouse, looated on the corner of Madison Street and Elm Avenue is to be put on the market .for sale and, since the site and structure are de- sirable for the looation of a City Library, the members of the Club felt it should be brought to the attention of the City Council for study. No prioe has been set for the property, but an appraisal will be made. Mrs. Sutton stated the Club is in agreement that, if the .pur- c3has.e ls mad.e by the City, an adjustment oould be made on the prioe. IJrentlon was also made of the possibility of acquiring the adjaining property on which the Saout House is looated , but the Soout oommittee has not been approaohed on the matter. City attorney Ssith pointed out that the City oan not make. pur- chases on a deferred basis but that the lease purchase basis could be used in this instance. City knager Nelson stated that all cfvia buildings should be established in accordance with a master plan for the entire city, Cm. Sutton moved that the offer be referred to the Plannag Com- mission with the speoifio request that. the Library Commission be noti- fied that we would enjoy their partiofpati.on in the study of this matter and that the Planning Commission contact the Soout Committee and see If they are wlllbg to oonsider sale at this time,. Seconded by Cm. Helton. All ayes. Motion ~arried. The meeting was adjourned for 8 fifteen minute reeess and dis- cussion was resumed at 9:30 Po M. The City Attorney presented the contraot between the City of Carlsbad and Saulson and Lassea for rock and sand products and asked . that it be renewbd for a period of one year with terms as set forth therein. Cmn, FlcClellan moved that the Mayor and the City Clerk be authorized to execute the new contract. Seconded by Helton. All ayes. Motion carried, Ordinance No. 7020, providing schedule for sewer connection col- lection fees, was read by City. Attorney Smith and minor changes were noted. He stated that, after oonsultation with the City Manager, Para- graph 2,. line 23, which refers to "person constructing said sewer line", had been changed to read "person or persons who oontribute to the oon- struction of sewer line. d Considerable disoussion was held on the problem of sewer line con; nection on the Paul Walker property looated on Lot 34, Carlsbad High- lands. Nr, Heason stated he felt that, if this oase is oonsidered in- dividually, all individual cases would have to be considered on their merits rather than on the terms of the ordinanoe. Carn. Sutton moved that, in the problem of the Paul Walker property, the Cmty shall con- struct the sewer line a8 far as the Director of Publio Works feels ne- csessary, with Walker paging one third of the oosts, including a neces- sary sum for overhead to the City, and that the other two thirds will be shared by the other two parties when they wish to oonneot, with monthly payments to be made to signify good intentions of .the parties Involved. Four ayes. One nay, (Ede). Plotion carried. back to the City Attorney for further study, with the reoommendation that 8 papagraph be added to take care of any irregularities. City Manager Nelson reported. on. kmeeting with Mr.. Leo Williams regarding his agreement with the City to oonstruot sewer lines and make sewer connectio#s, It was brought to the attention of the City that a sub-divider has been Installing his own laterals and Mr. Williams wondered If he would be liable for their oonstruction and materials. It was decided that a new agreement would be drawn up. wfth Hr. Wfllfams, so that his position in the matter will be made clear. Cmn. Sutton moved that- an amendment be added to the agreement with Mr. Leo Williams pertainlng to the ekanges discussed and that the pro- per signatures be authorized. Seaonded by Cm, Helton. All ayes. Mo- t ion oarried. By common, consent of the Counoil, Ordinance No. 7020 was referred Publfo Work8 Direotor Anthony reported he had received an offer from the Peterson Agenoy in Enolnittas for 8 Ford. Pkok-up, 3/4 ton, six oylinder, four speed, with a trailer hitch at a prioe of $1,564,439 plus sales tax. ALII< ~ Cmn. Helton moved that the purohase of 'this piok-up be authorized. Seconded by Cmn. Castorena. All ayes. Motion carried, City Manager Nelson reported on a letter from the Divisl~.n Of Highways stating that they will make a study of their holdings in this area with the idea of negotiating with the City. for this property. Report of letter from State Department of Publlo Works expressing the opinion that no more oan be done in the way of sign ohanges and they see no polnt in having a hearing on the matter. presented by the City Manager who explained the expenditures wllm made as City funds are available, Nr. Apadooa will not rent his truck 'for #gO.OO per month as previously discussed and Mr. Nelson reoommended that a seoond-hand truck be purohased by the City In plaoe of the rental. Mr. Nelson reported on the committee meeting on the beaoh ilean-up program. It was agreed that the Boy Soouts and Boys' Club will meet from 9':OO A. M. till noon on Saturday August 6th. Teams will be as- signed, with adults to supervise eaok group, using the remaining funds from the C!ity Pianlo' for f,aod. Suggestion was made that the winners of the Lions and Rotary baseball game aot as supervlaors and the losers as olean-up oommittee. John McKalg has been ohosen as Chairman of the oommittee, with Kay Curistiansen in charge of food'. period endlng July 30, 1955: A schedule of theequipment prioes to be paid I%?. Joe Apadooa was The City Clerk read the report from the - Fire Department ?'or the Fires ................................. ...~6 Rescue~...~.........~.~..~...~.....~....~.l Standbys........... ....................... 4 Average attendame at fires. ............. .I4 Business meetings....,.............,,,,,,.2 DrlllMeetings............................3 Average attendaaoe at meetings .......... .17 Report of the Polioe Department for period ending July 30, 1955: Arrests... ................... ~..~~b~...~~~? A~oldents...........~.......~.~...~......l~ Traffio Citations Issued...........r.....78 General Cases ........................... ~46 The City Attorney has reoeived a oopy of the proposed lease for the upper portion of the lagoon whioh lies easlterlg of the bridge. It will be turned over to the Harbor Committee for study. . City Attorney reported letter ,has been reoelved from Mr. Byrl Phelps stating that the State Department of Health has forwarded -the sewage disposal plant plan's to the Flnance Committee for consideration. Reaommendatlon was made by the City Attorney that the CounoI1 ao- cept an ordinance to oonstruot a drainage easement In the Palisades, Three easements have been reoeived by the Clty; offer of Northeasterly 5 feet of Lots 1 to 4, Blook "A", Palisades. Cm. Sutton moved the adoption of said resolution aocepting'these easements and authorizlng their recordation. Seconded by Helton. All ayes. Motion carried. The matter of refunds on the Helen Mills and Pirate Cove Assooiates' applioations was discussed. City Attorney Smith stated that the or- dinanoe does not provide for refund nor does it restriot refund. If the CounoI1 so wishes, it may refund or It may retain the fees. Cmn Mc- Clellan moved that the Pirates' Cove Assooiates' be refunded $15.00 by reason of a ohange of rezone to speoial use permit on the applloatlon. Seoonded by Cmn. Castorena. All ayes. Motion oarrled. The Mills oase was discussed and by oommon oonsent of the Council it was agreed to refund applioation fee. The City Attorney asked permlsslon of the Counoil to have the ex- ahnge of deeds for the Womanta Club property handled through the bank for oonvenlenoe. It was decided that; since no money is involved In the trmsaotlon, the transfer of title could be made through 'the Union Title and Trust Company of San Diego without esorow expense. The City Attorney submitted Sales Tax Ordinance No. 6026,. in- ' creasing the city sales tax from -one-half to one percent, Copies were distributed to members for study. Title and number of the ordinance was read. Cmn, Castorena moved that with the reading of tftle and num- ber of Ordinance No, 6026, this oonstitute first reading of. the ordinanoe Seconded by Cmn . Helton, All ages, Motion carried, Cmn, McClellan inquired as to the balance of City funds on deposit and reoeived an answer of approximately $5O,OOO,OO from the City &ma- ger. It was noted -the City of Sam Diego has funds on deposit which earn a rate of from 7/8 to 1%. The City knager was' asked to see that a study be made regarding the possibility of the City receiving Interest on the cash balance. Letter of resignation from Cmn. McClellan to the Cotanoil to take . effeot not later than September 7th. The resignation was reoeived with regret. C~O &Clellaa moved ratification of payroll for the period of July 15th to July 31th-as approved w the auaitlng,oomittee and oep- tified bY the City Clerk. Seoonded by Cum, Helton, All ayes, fqotion oarried. Cm, Sutton moved the bills as. oertified bx the City Clerk and approved by the auditing committee be paid. Seconded by Cmn Castorena. All ayes. Motion oarried. Mayor E& appointed Cm, Castorena Mayor pro tern from August 13th until Auguse Slst. i .. , ................... The Mayor asked- that. the melpbers. of- the- Cotanol3. consider very Cm. McClellan. will- not- be- ab3.e. to attend the @en House to be seriously the suc08860F- to. Counollman. PlcClel1an.- - ' held at Camp Pendletoa- on August- 5th and Cmn. Castorena will attend in his place, if convenient.. - ' ............ Cm. Sutton moved for adjournment at 11 :35 P, 14. Seconded by . RespeetFully submitted. CWO Castorena. All ayes. Iqeettng adjourned, .......... * ......"... ..... ,.. ....................... .............. ...................... S .M. 0. Ewald, City ,Clerk 1PI~~IOIIII111III1I1~~~~~~rn"~U~~~~~ MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL - Bumst 16. 1955 The meeting was aalled to order' by Aoting Mayor Castorena at 7:05 P. M, Present besides the Hayor were Cowoilmen HcClellan and Helton, City Wnager Nelson, City Attorney Smith and City Clerk Ewald. Cowroilman Sutton wa8 present after 7:45 P. M, - The minutes of the August 2nd meeting were discussed and mlnor corrections noted. Cmn. HoClellan moved the minutes of the August 2nd meeting be approved with correotions as indioated, Seoonded by Cmn, Helton. All ayes. Hotion oarried. Comespondeace was read by the City Clerk as follows: (I) Letter from Mr. Joseph Cookrfll stating that, due to business obligations, he will not be available for consideration for appointment to the Counoil and that in continuing his tern of appointment on the Planning Commission he oan contribute, in this manner, to the future development of the City. - Memorandum from the Planning Commission dated August 15th reoommend- in@; approval of the application of Herbert Ti. and Patridia Cole for special use permit to allow construction of a oabinet shop and retail store on the >NW a of Lot 27, Seaside Iands, located on the east side of State Street, south of Laguna Drive, in a C-1 zone. A staff report from Gordon Whitnall 8~ Associates was submitted for review. Cmn. Helton moved the Counoil aocept the reoomnendatioa of the Planning Cornmisslon and &rat th'is special use permit. Seconded by Cmn, MoClellan. All ayes, Motion carried. Hemorandurn from the Planning Commission dated Au st 15th on the for sarian& to permit a aPplifi,,* - - " --a MVS . George Lanary