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HomeMy WebLinkAbout1955-08-16; City Council; Minutesl 5. 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 title and num- ber of Ordinance No, 6026, this constitute first reading of. the ordinance Seconded by Cxn, selton. All ayes. IVfotion carried. Cmn, kClellan inquired as to the balance of City funds on deposit and received an answer of approximately $5O,OOO,OO from the City Mana- ger. It was noted -the City of' San Diego has .funds on deposit which earn a rate of from 718 to 1%. The City knager was asked to see that a study be made regarding the possibility of the City receiving interest on the cash balance.. Letter of resignation from Cmn. McClelXan to the Council to take . effect not later than September 7th4 The resignation was received with regret. July 15th to July 31th- as approved by the auditing,committee and cer- tified by the City Clerk. Seconded by Cmn, Helton. All. ayes, Ffo$ion carried4 Cmn. Pl'icClellan moved ratification of payroll for the period of Cm, Sutton moved the bills as. certified by the City Clerk and approved by the audi-ting committee be paid. Seconded by Cm Castorena, A11 ayes. Motion oarried. IY%yor Ede appointed Cm, Castorena Mayor pro tem from August 13th until August 31S't;. ........ .......... The Ihyor asked that. the members- of the. Council consider very Cm. McClellan. will.- not- be. able. to attend the Open House to be seriously the successoF. to. Counctlman, McCILelkm. - ....... ..... held at Camp Bendleton. on August- 5th and Cm; Castorena will attend in his place, if convenient. I. Cmn. Sutton moved for atljournment at 11 :35 P. Pi. Seconded by Can. Castorena. All ayes. FIeeting adjourned. ..... .. ................ -.. ............. ......... Respectfully submitted. ...... ....... S il~OtB~slOlelll=~iB~=~~~~~m~-~~x~~~~ .................... -M. 0, Ewald , City ,Clerk MINUTES OF THE REGULAR IGETING OF THE CARLSBAD CITY COUNCIL - Aumst 16. 1955 The meeting was called to order by Bating Mayor Castorena at 7:05 P. 1% Present besides the flayor were Councilmen IWXellan and Helton, City Ptanager Nelson, City Attorney Smith and City Clerk Ewald. Councilman Sutton was present after 7:45 P. M. - The minutes of the August 2nd meeting were discussed and minor corrections noted. Cmn. McClellan moved the minutes of the August 2nd meeting be approved with correotions as indicated. Seoonded by Cmn, Helton. All ayes. Hotion oarried. Correspondence was read by the City Clerk as follows: (1) Letter from Mr. Joseph Cockrill stating that, due to business obllgatfons, he will not be available for consideration for appointment to the Council and that in continuing his tePm of appointment on the Planning Comnfssion he uan contribute, in this manner, to the future development of the City, - Flemorandum from the Planning Commission dated August 15th recommend- ing approval of the application of Iierbert L. and Patricia Cole for special use permit to axlow construction of a cabinet shop and retail store on the ..NW a of Lot 27, Seaside Lands, located on the 'east side of State Street, south of Laguna Drive, in a C-1 zone, A staff repore from Gordon Iaitnafl & Associates was submitted for review. Cmn. Helton moved the CounciL accept the recommendation of the Planning Commission ana grant this special use permit. Seconded by Cmn. NoClellan. A11 ayes Motion carried, Memrandum from the $lanaing Commission dated Au ust 15th on the Landry for varian e to permit a 8 aPP14 *_ . - .I TL~ George .. . ** I 3 "4 0 & 4 ,.4 a I I .. .. 1. reduation in the South side yaxra-set :back from 10 feet to 5 feet, on property described,as the Horthwest corner of Maple Avenue and Garfield Street, in an B-2 zone. It was recommended by the Planning Cornmisston I in lieu of the variance as requested, the applicants be granted a var- iwoe from 35 feet to 33* feet from the center of the street, for the reason that it is a substandard lot and diffioulties.experienoed by the owner in placing a house on the lot. Cmn, Helton moved that the reoommen ations of the Planning Commission on the application of Pir. and bs, George -dry be approved as presented. Seconded by Cum. McClellan. All ayes I IJIotion carried. City Manager Melson reported that Mr. Amie Stringer will be m- able to attend the meeting and had asked that he advise the Comcil of any important action whioh was taken at the regular meeting of the Plan- ning Commission. It was reported the Planning Commission had held oon- siderable discussion on the proposed master plan for the City but no final decision was reached. ihrnbers of the Commission expressed the opinion that the money should be set .aside in the current budget to be expended when a definite deofsion is reached and the service contracted for', A motion was unmimously passed to reoommend to the City Counail that #j,OOO.OO be earmarked In the ourrent budget for the use of the Planning Commission in starting to acqv$re a master plan as outlined in the State Planning and Conservation Aot. It was the general feeling of the 6ounci1 that the master plan would be a most desirable addition to the City planning, and by common consent it was decided Q%j,OOO,OO .would be added to the Contingenoy Fund with the specific request that it be available for the purpose of the Planning Commission. William D. Cannon of the Paoific Investnent Company, requesting an en- oroaohment permit over Tierro Del Oro Street. City bnager Nelson stated it had been reviewed by the Planning Commission and referred back to the Cornoil., After disoussion with the City Attorney, the en- oroacthmsnt permit ms designated as oomsng under City Sign Ordinmoe No. 86920 which: provides that any sign, whiah is not praperly maintained, pilust be removed at the expense of the owner.. The plans for the pro- posed entrance have been checked by the Fire Chief. Public fnlorks Dir- ector and the Chief of Police and f0un.d to be in ordep, with the ex- oeption of & recommendation ky the Chief of Police that the Height be increased to fourteen feet as the legal. requisem'ent Is thirteen feet, six incrhes. The question was disoussed on whether the responsibility for maintenance of such a structure would be with Mr. Cannon or his successors iin case the subdivision is sold. Mr. 'Watson pointed out Mr. oannon is President of the Company and, in the event he should be re- placed, the %ci-fic Investment Company has vast holdings in this area and other parts of the State and could be held liable for many years. Mr. Nelson stated Mr. Cannon had offered to file a copy of their in- surance policy with the City and the City would be held harmless for any liability which may arise as a result of the oonstruction of this improvement over a public street. Cm.. HcClellan offered a motion that the encroachment permit be granted, subject to an agreement for maintenance to be drawn In accordance with the approval of the City Attorney and the City Manager. Seconded by Cm. Helton. All ayes, Motion carried. Mr. Robert Watson appeared before the Council, representing fllr, HARBOR COMMISSION: City Clerk Ewald read a communication from the Harbor Commission, signed by Chairman David E. Baird, on -the proposed lease of the upper lagoon of the Agua Hedionda, expressing disapproval of portions of the proposed lease and' r~OQmending the City Attorney be directed .to redraft 8 &0w lease proposal which will provide commensurate benefits to both parties on an equitable and-fair basis, City Attorney Sinith'was asked to give legal considerations on the lease 8s presented and express his opinion on the recommendations as presented. by the Harbor Commission. is the owner in fee of the lands and premises and the water t.hereon." City Attorney oommented that this portion of the lease can be ohanged with proper legal phrasing and Is not too important legally. (a) Second paragraph. Page 1, which states in part: "The Company (b) Paragraph 1, fixlng term of lease. City Attorney offered the .opinion that a ten year lease period would not allow time for'proper development of the lagoon and its faoiEit1es and major improvements oould not be oompleted within that period, (c) Paragraph 4, requesting special policing of the lagooxi. City Attorney expressed the opinion that the type of servioe rendered to the ?, ., I t5 San Diego Gas and Electric Company should be the same as that afforded any o~her oitizen. Some preference oould be made if the City were to reoeive added benefits in return. (d) P ragraph 5 and 6, concerning the right of the Company to terminate &e lease on 30 days notice, City Attorney stated the City, too, should have the same right t.0 terminate the lease in the event they to not conform with terms of the lease. (e) Paragraph 10, requesting the City to safeguard all areas owned by the Company, City Attorney Smith expressed the opinion the City should not.assume liability for any property which is not under lease . In summation, he stated the recommendations as submltted by the Harbor Commission are commendable and he feels that we are not too far apart on the lease and with further negotiatfons a new lease proposal can be, drawn on an- equitable basis. Recommendations of the Council are as follows : (1) The lease should extend for a minimum period of twenty years (2) The lease should not be subject to ancellation exuept by (3) Some agreement should be reached in regard to sub-leasing and preferable up to fifty years. cause, - of the property included in the lease without prior consent of the San .Diego Gas and Eleotric Company. It was the detzision of. the Council a committee be formed, to consist of the City Manager, City Attorney and the Chairman of the Harbor Com- mission to redraft a new lease whioh will Incorporate these restriotlons ad changes, with negotiations to rest with the City Attorney. Rr, Byrl Phelgs briefed: the Council on the correspondence and steps taken to date on the -proposed sewage disposal plant. The minutes of the meeting, whioh was held on August 12th, and attended by City Officials and members of the County Board of Health, weFe read. A complete set of plans;.Sand speoifioations, along with contract docpments, were presented to be maintained in the City file. A dup- 1-icate set of traoings for the new sewage disposal plant will be for-. warded to the City at the time the project is completed, ~ At the present time, estimates for the projeot are as €?allows: $100,000.00 Actual Work 1,000.00 Contingency 2,010..00 Supervision and Inspeotion MrL Phelps pointed out the City's share of $jl,j05.00 should be covered adequate-lg by the bond issue which-was passed is the amount of $60,000.00 and the State matching fund wi&l contribute the other equal portion . Resolution No. 185, applying for an allotment of State funds was presented and properly documented by the City Clerk. It was mutually agreed the City will make payment for engineerlng fees on the Chestnut Sewer in the amount of $4,002.00 and an additional $2,00'0.00 will. be paid to apply on the $6,000.00 bill for engineering fees on the current projeot. A receipted bill, in the amount of $6,000.00, will be for- warded to the State Allooation Board so that the City may receive reimbursement. Cmn. Heltan moved the adoption of Resolution No, l85. Seoonded by Cmn. Sutton. Four ayes: Sutton, Castorena, WcClellan and Helton NQ nays. Resolution adopted, Cm. Sutton moved the bills, as certified by the City Clerk and approved by the auditing committee be paid. Seconded by W. IhClellaB - All ayes. Motion carried: Cpn. Sutton offered a motion for the approval of the bill for $6,000)00 for engineering services on the sewage disposal plant design, as submitted by Mr. Byrl Phelps, to be paid as funds are available. , .. I 3 -IA 3 4 1, A 3 I I , I .-. , . ,. , I" 11 Seconded by Cmn, McCfellan. All ayes, Notion carried, The plans and speofflcations to be submitted to the State Finance Board were studied by members of the Council and final approvax given and Hr. Phelps was authorized to forward them to the State Ikpartment of Finance. MI? Avenue, $45,000 may be 1, Phelps reported on proposed plans for the widening of Elm stating that present estimates to State Street are olose to 8.00 and, with the present appropriation of $49,000.00, there sufficient funds to continue through to CaPlsbad Blvd* Mr. Phelps asked for a deaision of the Counoil regarding whether or not curbs should be placed between State Street and the railroad, It was the decision of the Council the-curbs will be oontinued between State St. and the railroad tracks. City. Clerk Ewald read a letter from Mr. Anthony A, Narron requesting the Council's permission to purchase a 1949, 2* ton truck with loader for use in the garbage and trash collection, and that a term be set on the Certifiwte of Public Convenience and Necessity issued to him, It was pointed out in disoussion, a truck of this type will cost approx- imately $4,000.00 and Plr. Marron does not feel justified in making such a purchase without a guarantee of a definite tesm of operation. Or- dinanoe No. 5020 provides that such a term be set at the time the certi- ficate is issued but no mention of the term is included in the minutes or on Mr, Harron 's original application. Cmn. Sutton offered a motion that a resolution be adapted granting permission to Mr. Narron to purchase the truck as requested and that the Certificate of Public Convenience and Necessity be extended to June 30, 1958, in accordance with Ordinance No. 5020, Seconded by cmn, Helton. Four ayes: Sutton, McClellan, Castorena, Eelton, No Nays. Rssolution adopted, . Mr..Marron also requested permission to change the color of his truoks from white to dark green, due to the ano-mt of upkeep on the present color, and it was decided this change could be included in the original applioation. Mr. Nelson reported' 06 letter from the Dept. of Natural' Resources, State Divisfon of Forestry, addressed to the Fire Chief, requesting the City enter into a mutual fire protection aid agreement to extend for a term of five. years. Rayor Castorena stated the State Division of Fo'restry has been most cooperative in the past and he feels suoh an agreement would be desirable. - Cmn. Helton offered a motion that a resolution be adopted authoriz- ing the City to enter into such an agreement and the proper signatures be authorized to complete such agreement, Seconded by Cmn. McClel'lan. Four ayes: Sutton, Castorena, XcClellan, Iielton. No nays. Resolution adopted. Cmn, Sutton inquired if the City has such an agreement with Ocean- side and Mayor Castorena stated that we have such an agreement, NO . eff Seoond reading was given proposed amendment to Sales Tax Ordinance 6026, increasing the City sales tax from one-half to one per cent, 'ective October 1, 1955. Cm, McClellan moved the adoption of Ordin- ance No. 6026 as amended. Seconded by Cmn Helton, Four ayes: Cmn . Sutton, Castorena, kClellan, Helton, No nays, Ordinance adopted, Cmn, Sutton inquired of the City Attorney if the City is now in conformity with Oceanside on the sales tax issue. City Attorney Smith stated our ordinance was patterned generally after the Oceanside ordinance and we are equal in every commodity in manner and nature of sale, with the possible exception of liquor tax. Second reading was given proposed Ordinance No. 9043 which applies to the Pirate Cove Associates' property and. the Arthur H, Glissman property, to pergit boat ramping, lunch stands, gasoline and oil sales, soft drink stand, a-nd other usual products sold at boat landings, cmn, Helton moved the adoption of Ordinance No. 9043. Seconded by Cmn MoClellan. Four 'ayes: Sutton, Castorena, %Clellan and Heltoh. No nays. Ordinance adopted. City Manager Nelson reported the final figures on the assessed valuations as oertified by the County auditor have not been received 2 and final adoption of the budget must be delayed. It was suggested the Council adjourn until August 23rd, at which tine final figures should be available and the tax rate could be set, 4hn. McClellan moved the ratification of the-payroll for the period of August 1, 1955 to August 15, 1955 as certified by the City manager and approved by the auditing committee. Seconded by Cm, Helton All ayes, Motion carried. City Clerk Swald announced a meeting of the League of Cities to be held on Friday, August 19th at 7:OO P, M. at the Fireside Inn in Escondido. Reservations must be made by Mednesday noon. Counc$lman Kelton moved the meeting be adjourned until August .23rd at 7:OO P. M, Seconded by Cmn. Sutton, All ayes. Meeting was ad- journed at l0:45 P. PI, Respectfully Submitted, S M, 0. Ewald, City Clerk ""-"".~""""I-~"-~-"~-"~"-"~~"~ .cI-"~~._-""~-""""~~~- MINUTES OF ADJOfTBMED mTING OF THE CARLSBAD CITY COUNCIL - August 23. 1955 Meeting was called to order at 7:05 P. M, by Acting Mayor Castoreaa, Present besides the Mayor were -Councilman McClellan and Belton, City knager Nelson and City Clerk Ewald, Councilman Sutton was present after 7:25 P, M. City Imager Nelson presented the figures of assessed valuation, as submitted to the City- on Monday, August 22, 1955, and the sheets were distributed to the Council for consideration. Copies of the tentative budget for the fiscal year 1955-56 were distributed to members of the Council. City Manager Nelson calzed attention to the $j;,OOO,OO addition which had been included in the Contingent Fund as approved by the Council for aoquisition of a master plan by the Planning Commission. Attention was called to the increase of $3,000,00 to the Capital Outlay Fund and Plr, Nelson pointed out that the Council had previously discussed an increase of $!j,OOO.OO but due to the obtaining of a more reasonable ffgure for the paving of parking lot, it appears the additional amount of $3,000.00 will be sufficient. It was also noted that the sewer line extension fund had been increased from $7,000.00 to $9,OOO.OO. Cmn. McClellan inquired as to items included in the miscellaneous general fund accounts, W, Nelson stated this fund would include refunds from the State, collections from the State, collections from owners for flre'hydrants, and matching funds from the State on Cbvil Defense, Mr. Nelson stated he would like to take this opportunity to discuss these Capital Outlay items with members of the Council and the-tentative tax rate-which has been set at eighty cents (80$). 'He pointed out $&LO each one oent (1$) would either increase or decrease the tax fund in the amount of @1,479.00, The Capital Outlay items were discussed in detail and approval given. Cmn. Sutton questioned the psychological effect the lowering of the %ax rate will have on residents in the event next year's Cowoil should find it necessary to raise the figure. Other members of the Council were of the opinion that all taxing agencies should take into consideration the tax load of the people and, in view of the over-all tax picture, were in favor of lowering the tax rate. City Manager Nelson pointed out that this decrease in the tax rate is brought about primarily by the increased assessed valuation and he can see no reason why the assessed valuation should not continue to inorease as the amount of new construction, to date, is very favorable. Cmn. Helton moved the adoption of the budget as presented for the Ciscal -year 1955-1956. Seconded by Cm. Sutton. All ayes. Notion carried , City Attorney Smith read See. 1 of Crdinance No. 1042, fixing %he ~~ou~~t Of revenue for the fiscal year 1955-1956 at $118,321,00 and