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HomeMy WebLinkAbout1955-09-06; City Council; Minutes- 1 .f of Carlsbad Setting the Tax Rate for the City of Carlsbad and the"" Carlsbad Sanitary kintenance District for the Fiscal Year 1955-56. It was noted that the word- 'andg should appear in the title of the Ordinance. Title was corrected to read 'Ordinance No. 1044 Repealing Ordinance No. 1043 of the City of Carlsbad AND Setting the $ax bte for the City of Carlsbad, etc." I There hereby is levied a property tax in the amount of eighty cents (80$) on each One Hun-dred Dollars of property valuation of all taxable property within the City of Carlsbad, California and a property tax in the amount of seven cents (7$) on each One Hmdred Dollars of property valuation of all taxable property within the Carlsbad Sanitary Maintenam Dfstp&ct for the fiscal year 1955-56. This Ordinance shall take effect on the date of its passage and adoption. Cmn, WcClellan moved; the adoption of Ordinance No, 3.044. Seconded by Castorena. Four Ayes: Cm. Ede, Castorena, Helton, McClellan, No Nags. Absent: Sutton There being no further business to come before -the C.ouncil this date, the meeting was adjourned at 7:08 P, M, Respectfully submitted, .s Me 0, Ewnld, City Clerk 3 "r=========.==,-========,'==='=~"~~.L-~II- a 0 6- MINUTES OF THE REGULAR MEETING """"1- 4 d 3 OF THE CARLSBAD CITY COUNCIL 0 SEPTEMBER 6. 1955 'zhe meeting was called to order at 7:07 P, 13,- by ivlayor me, Present besides the Mayor were .Councilmen &Clellan, Castorena, Belton, City ManaJer N8lS0z1, City Att.orney Smith and City Clerk Ewald. Cmn, Sutton wa,s'present after 7:15 E. M. Mayor Edeexpressed his appreciation to Xayor pro tern Castorena I for the capable manner in which he filled the position of ikyor in his absence. The minutes of the August 16th regular meeting, August Z3rd ad- journed meeting and the August 3lst special. meeting were reviewed and correotlons noted., Cm. McC'Lellan moved the minutes of the meeting of August 16th be approved as revised and corrected. Seconded by Cmn. HeLton. All ayes, Notion carried, Cmn. Helton moved the minutes of the August 23rd meeting be approved Seoonded by Cm.- Castorena, All ages. IJIotion carried. meeting of- August 3lst be approved. Seconded by Can. McClellan. A11 ages. j Motion carried. CORRESPONDENCE: City Clerk Ewald read a petition, signed by several residents of Ocean Avenue, requesting the City to take measures to reduce- the speed of motorists in that area in order to safeguard pedestrians crossing in the violnlty of the lntersectlons at Elm Avenue and Oak Si;reet. Cmn, Castorena offered a motion that the minutes of the special City 1'"lanager Nelson stated that Public Works Director Anthony, Chief of Police Palkowski and himself. had inspected the site and found It to be adequately posted as a 15-mfle zone. In their tour, they also inspected the length of Ocean Avenue to the Academy and it was their opinion that, at a future date, when curbs are installed in this area, the full width of the street will be included and parking should be authorized on one side of the street only. both South and North of the Carlsbad Hotel. It was suggested by Cmn, McClellan that perhaps cross- walks at these intersections would help to control the traffic and safeward the-rights of pedestrians, After discussion, it was the decision of the Council that the addition of crosswalks at the inter- sections and a little spot policing might help to solve the problem and the matter was referred to the City bnager, Chief of Police and the Public lJorks Director and, after consultation, they were requested to oommunicate with these people the results of their study. I Letter from County of San %ego, Board of Supervisors, requesting the City's participation in an anti-litter campaign for the County of Y kJd 4.- San Diego. City Wanager Nelson reported that an amendment to the Motor Vehicle Code, which goes into force this date, provides for the appre- hension of anyone who throws anything out of a moving car aqd such law will contribute-to the strengthening of this campaign, ' PetStion, dated September 1, 1955, for sewer main extension to extend from the east end of Yourell Avenue, west to Olive Drive, south on Olive Drive to Los Flores Drive, west on Los Flores to Pi0 Pic0 and south on Pho to the existing connection point at Buena Vista, City Manager Nelson explained that I%?. Potter had initiated this request for the Shangrila Tract on the condition that he be allowed to re sub- divide from 70 f t, lots to 60 ft. lots, By this device, he will regain some of the $8,000.00 contribution which he has pledged to this sewer extension, It was pointed out by City Manager Nelson that this is not a profitable venture for the City as there are only 4,000 feet of frontage tjhich would be chargeable, bringing in a maximum of $12,000,00 and 'the City would agree to pay the balance of .$2,809.00, most of. which would be recovered by charging for sewer connections along the route of the extension, Nr. Nelson stated the City will not proceed with bids or engineering until such time ,as the Planning Commission has given their final approval on the resubdividfng of the Shangrila Tract as Mr. Potter has insicated he is unwilling to contribute the funds unless such re- soning is authorized, Cmn. Castorena offered a motion that tentative approval be given tothe ,sewer extension as presented. Seconded by Cmn. Helton. Three Ayes. Two Nays. Notion carried. Letter from Mr. Eric Engblom, dated August 31, 1955, expressing appreciation for the service and consideration extended to him by. personnel at the City Hall during 8 recent business transaction with the City of Carlsbad, City Clerk Ewald presented IJlr. Dave:- Evans, a representative of the Johns Mansville Corporation, who demonstrated their material, "transite sewer building pipen, for use in' sewer laterals. yhe pipe was inspeoted by members of the Council and Mr, Evans explained the merits of the product and presented a list of County and City organ- izations who recommend the use of such material in sewer laterals. Cmn. Suttan offered a motion that the City Attorney be instructed to draw up an amendment to the sewer ordinance to permit use of asbestos cement building sewer pipe, Seconded by Cmn, Helton, All ayes. Mot ion carried. I City Clerk Ewald read "Notice of Public Hearing" on the special hearing to be held by the Interim Sub-Committee on Marine Affairs on September 7th in the Council Chambers of the San Diego Civis Center. Col, David Dunne, Chairman of the Harbor Commission is scheduled to appear before the Committee from 10:15 to 10:40 A. M. and will tell of projected lagoon development at the Agua Hedionda Lagoon. It is hoped that the Committee will be able to tour the lagoon i.n the after- noon but, due to a tight schedule, the time for such a tour may not be available, City Nanager &elson reported that he had talked with Wr, Hubbard regarding the property frontage on the lagoon which had been offered for' sale to the City and had been informed that Mr. Hubbard.would want the purchase price in cash in the immediate future, The property, if not sold, will probably return to Mr. Ecke and the mat%er could be discussed further with him, Cmn. PicClellan stated that, since the time of PIP. Nelson I s talk with Plr . Hubbard, he had been advised by Mr.. Hubbard that he had disposed of the property. IjIayor Ede requested that a committee be formed to consist of the City Attorney, City Manager, Cmn, Castorena and tiarbor Commissioner Shaler Ladd, to look into the property which might be suitable for purchase by the City to acquire the 500 foot frontage which the City desires to obtain prior to the Harbor engineering survey, City Attorney Smith reported no further action has taken Place on the Harbor lease and he will consult with ldr. Nelson and Harbor Commission Chairman Dunne on the redrafting of the ne^ lease. PUBLIC WORKS DEPARTMENT: City Manager Nelson reported IJir Joe Apodoca, City Foreman, has submitted his resignation as he has Pur- chased a cement business and wishes to devote full time to its I 3 -I 3 < 5 I 1: . .- operation. Advertisements have been placed in the Zooal paper and it is hoped that the vacancy -can be .fl;lled Locally without going outside Final apgroval on -the Elm Avenue plans has been received- and ad- vertising for bids has been placed In the local paper fron the 8th to l5th, with bids to be opened on September 20, 1955. The advertising time has been shortened in order to hasten the commencement of the pro- ject before the rainy season. the City, ... ! ".. It was suggested that per'haps a hot mix plant could be located in Qhe area of the Slauson. and Lassen property, %$ the material is suit- able, as such a plant could substantially lower the -bids, The -City Attorney stated a temporary permit could be allowed to locate such a hot mix plant:,with the understanding that the company would install smoke vapor devices and assume all obligation for any damages which might result from operation of the plant, City Xanager Nelson was instructed to draft a letter submitting the specifications, with a notation on the hot mix plant, to request bids from the local paving companies who might be interested in contracting the Elm Avenue pro- Sect, mence with the installation of the sewer extension on the Paul walker property at a total cost of q75O.00, Bath Mr. Walker and Kr. Edward McCztnn have contributed their one-third of the cost and the other one-third will be financed by City funds which will be regained at the time the other party on the line connects, City Hanager Nelson reported Hr. Don Hubbard is ready to com- The meeting was adjourned for a short recess and was reconvened at. g..f.l7 P, 14, FIRE DEPARTNENT: Fire Chief Hardin briefed the Counoil on the proposed Fire Prevention Code which had previously been submitted to a committee. for study and recommendation to the Council. Can. Cas- torena pointed out that the Fire Department wishes to conduct an ex- tensive fire prevention program and in order to do so effectively, this fire prevention code must be enforced, Fire Chief Hardin stated that, with the credit obtained from the National Board of Underwriters .for this program, he. is confident the City of Carlsbad cavl go to a Class 6 with an estimated 25% reduction on fire insurance rates, Cmn. Castorena offered a motion that the Councll reoommend the adoption of the Fire Prevention Code by reference and that the City Attorney be instructed to draw up an ordinance adopting the code by reference, Seconded by Cm. Sutton, A11 ayes, Motion carried , Clty Clerk Ewald read the monthly report of the Fire Department for the period from August 1, 1955 to August 31, 1955 as follows : Fire~.~................~..~.~....8 Auto wreck and traffic control,. .1 Standbys or control burn........f2 Smoke checks ~.........,....,.,,,,3 Average attendance at fires. ... .X4 Business meetings. .............. .2 Drill meetings....~...........,,,3 Average .attendance .at meetings, .16 . Fire Chief Hardin reported Floyd Hollowell and himself are plan- ning to attend the Fire Convention at Catalina Island from September 25th to 28th. City Manager Nelson stated funds have been provided in .the current budget to finance one trip per year for a member of each City Department, Cmn. Sutton offered a motion to authorize payment of expenses for the Fire Chief to attend the Fire Convention from September 25th to 28th. Seoonded by can. Castorena,. All ayesi Mo- tion carried , POLICE DEPARTMENT: St was reported that Sgt. so G. Wolters will take .a %emporary leave of absence for three months to attend the University of Southern California and during his absence his duties will be absorbed by other employees of the Police Department, City Clerk Ewald read the monthly report of the Police Department for the period from August 1, 1955 to August 31, 1955 as follows: .. 2 Arrests................*,... 12 Accidents........ ........... 9 Traffic Citations issued. .. 94 General Cases ............... 149 IYlayor Ede announced that the resignation of Cmn. C. D. IilcClellan is effective this date and must be accepted at this time. Cmn. Sutton offered a motion that the Council accept .the resignation of cmn . IJIcClellan and, at the mrntis time, express their deepest appreciation for his long and loyal service to the community and we only wish he would honor the Council by continuing to serve. Seconded by Cmn. Helton. All ayes.. Motion carried. CITY ATTORNEY: City Attorney Smith stated there was no report on the Public Utility District but commented that, with a. law which takes effect on September ?thy dissolution of the district might be aocom- plished. It was reported by the City Attorney that the City of Carlsbad is now a General kw City in place 09 a Class 6, as previously listed, but, as far as he can ascertain at this time, there will be no sub- stantial changes in the governing. laws. City Attorney Smith requested- the City adopt a resolution ac- cepting three easements in Block A, Palisades, between Walnut and Sycamore Streets, to construct a drainage line to alleviate a drainage problem in %hat area. cmn. McClellan moved the adoption of a resol- ution accepting the proper easements fi3 Block "A11 as recommended by the Director of Public Works, Seconded by Cmn. Castorena. Five Ayes: Can. Su.tton, IWXellan, Mayor Me, Cmn. Castorena, Helton, UO Nays, Resolution adopted. It was reported that the tentative map of Poinsettia Beach Unit #1 had been wepted by notion at a previous meeting but would require a resolution, Cmn. Sutton moved the adoption of a resolution ac- cepting the tentative map of Poinsettia Beach Unit # 1 in accordance with the motion of acceptance of: the same subdivision as recorded in previous minutes, Seconded by %n. Helton, Five Ayes: can Sutton, IvkClellan, Castorena, Pielton, Mayor Ede. Mo Nays. Resolution adopted. City Attorney Smith stated he and NP.. Ray Eberhard, Attorney for the Carlsbad IJIutual Water Company, would like to request the Council to intervene in the suit being brought by the San Luis %y Conserva- tion.%strict against the Carlsbad Irlutual Water Company, seeking to prevent the Mutual from pumping water from the San Luis Rey Water Dis- trict, The City's Intervention will take the form of an action asking the court to protect the City's interests. as the San Luis Rey basin is the prime source of water for the area serviced by the Mutual. The City Attorney,estimated the cost of .the intervention action would be approxkmately @~OO.OO unless an appeal were made by either party. Cmn. McClellan offered a motion authorizing the representation of the City Attorney, in .the interests ,~f the City of Carlsbad, in the suit of the San Luis Bey Conservation District versus the Carlsbad illutual $later Company, due to the very .great interest the City of Carlsbad has in the water rights of the .sh%reholders of the Carlsbad Mutual Mater Company, Seconded by Crnn , Castorena. All ayes, No nays. Iqotion carried . City Iqanager Nelson asked the Council to approve the appointment of Mr. C. A, %thony as I'lanager pro tern from September 18th to 21st while he is out of the City attending the League of Cities' Convention, Cmn. Castorena moved the appointment, as requeste.d by the Ci-ty Iknager, be approved . Seconded by Cmn . Helton . All ayes. No Nays. Motion carried + .. Cmn, Helton moved that the bills for the period from September 1st to 16th, as certified by the City Clerk and approved by the Au- diting Committee, be paid, Seconded by %n. Castorena, A11 ayes. IyIo t ion carried . Cmn. 'tlelton moved ratification of payroll for the period August 16th to August 3lst as approved by the auditing committee and certified by the City Clerk, Seconded by Cmn. Castorena. All ayes. Motion Carried, Cmn. kClellan moved for adjournment at 10:20 P. M, Seconded by 1 Cmn * Eelton, All ayes. Meeting ad jou,rned. %sgectfully submitted, g - """.w"""""" - - - - e' - - - - - - - - 0. - - X.. Q.-E&4&D4 $ity,CJ,eck, = = = E = IVZINWES OF! TEE REGULAR IWETING UE THE _I CAZLS3AD CITY COUl%CLL - SEPTEaELZL 1955 I y- xhe meeting was cp.lled to order at 7:08 P. W. by. piayar Raymond c. Ede, Present besides the Playor were-: Councilmen Robinson and Heltor Cmn. Sutton was prcser,l; a.fter 8:OO P, PI. Absent: Zmn. Castorem. Zeverend Brokenshire gave the invocatfon city Clerk Ewald read the correspondence as follovra: (1) Letter from County Health Department dated September 15, - 1955, requesting comments and opinions of this City regmding the adoption of an ordinance adding a penalty for paym.ent of delincuent Public: Health Pernlt fees. M~OP We asked the opinion of th.e bity Clerk on such an ordinance and City Clerk Ewald stated it would be desirable a s it would eliminate , r considerable vJork in collecting these delinqwnt fees. By common coa- A) sent of the Council, favorable response was indicated and the City 1 Clerk was instructed to edvise the County office of the decision. . E3 . :< (2) Letter of resignation from b. Joe H. Apodaca dated Septem- developed during service for the City and stating that certain eq.72p- menttuhick; he owns, will be available to the City for use on a cost ba, s i s . -..4 "+ ..**$ .1. .?2<"* 't 3er 1.3, 19-55, expressing appreciation for the pleasant associations i?tabIia Works Director Anthony reported that Mr. Apodaca. wishes to take charge of his cement business by :$ionday, seotemher ~6th~ but will be able to devote some time to the City$ter thaE date. Several app- 1ica.tions have been received and $he applicants will be interviewed- by the City Pknager anal himself with term of eqloyment to commence on Wonday, September 26th. Crnn. Helton offered a motion acceptlng ?k. Apodaca's resigna- tion and stating that 'the City is Losing a very good man, Cmn, Ko- binsor? offered an amendmnt to the motiom--tht the resignatlion be accepted reluctantly and a letter of commendation be fom~a.rded to Mr. Apodaca for his efforts. Seconded by Cmn. liobinson. All. ayes. 14otion ca-rried . (3) Letter frpm CarLsbad Chamber of Commerce requesting the Council to consider iagrovements at intersection of CnrlsbaCI Blvd. and Sta'ce Street to make it less hazsrrdous and to allow right 2nd left turns, Public Morks Director Anthony stated that in order to make an. improvement of this kind, considerable expense would be involved as the streets would have to be brought up to an equal leve2, with in- stallatllon of an island amd signal for right and. left turns. Nr, Anthony pointed out that, while the y1-a.n is feasible, it would run into far more money than the Gity h8.s available at this time. I G2s Tax z'unds might be allocated to this project at a future date, but the funds for at least the next yea.r will be required for completion of Elm Avenue to Carlsbad Blvd, as the State desires to finish this , improvement sis the funds are available. I!ir* Anthony also pointed out ' ' thst, a.t the time State Street; wa.s re-opened, the State Highway Div- islon hail recommended it remain closed for the sake of safety, The City Manager will be instructed to draft a letter to the Chamber of Cornmeme acknowledging this request and advising them of the recom- mendations presented by the Public Korks Department. PARK AND RECREATION COKIblISSIO& City Clerk EwaLd read a memorandum from this Comnission. in regard to a request from Mr. IvIilt;on Kauffman for permission to reflove trees on. property located at 1092 Chinquapin Avenue. The Commissiog recommended that permission be gramted and offered suggestions for re-piantlng. Mr, Doyce Hedriek was present at the, meeting representing Mr. ib.uffnan, Public Uorks Director Anthony sta.ted he had inipected the site and vmuld recommend the