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HomeMy WebLinkAbout1956-01-03; City Council; Minutes4. i3 %B made for 4ki.s tax levy to property owners who derive no benefit from the sewer district, City Xanager Nelson pointed out that it is anticipahd that the lighting assessment for the Terramar Distpict will be elimin- ated next year, which will relieve the tax burden in that area, Playor Ede suggestec! that perllaps the two absent Councilmen might wish to prs- sent some information pertinent to the inatter and action was deferred un= til a later date when the entire Council can be present. It was called to the Council's attention that the hearing for the Briggs- XcMillan application for reclassification hac! not been scheduled and Cnm. Sutton moved khat the heaping on the Briggs-McMillan application for re- zoning be set for 7:45 P. M,, Tuesday, January 3, 1956, Seconded by Cmn. Robinson. All ayes, motion carried, County Ordinance No, was prescGted for adoption by the city, Ordinance provides for. renewid of annual permits from the Department -of Public Wealth and payment sf annual fees and imposes penalties for pay- sent of delinquent fees, City Manager Nelson explained that the tenta- tive ordinance had been reviewed in September and the Council had agreed to go along with it as a matter of' policy, City Attorney Smith informed the Council that the ordinance can be adoptee by reference but a number must be assigned. Cmn, Sutton ooved the adoption of Ordinance No, 5025 and, with the reading of number and title," this constitute first reading and first reading be waived. Seconded by Cmn. Robinson. All ayes, mo- tion carried, Discussion was held on the meeting scheduled for January 10, 1956, to re- ceive proposals fcr the sewage disposal survey. City Ffanoger Nelson out- lined the proposal submitted by Grown and Caldwell- and reviewed the in- formation pr6sentcd at the confererke which he and two members of the Council had attended, It was the decision of the Council that this meet- ing be schcc!aled to accept proposals on the survey and' that discussion be held on them with a final decision to be made at the next Council tnee ti ng , Cmn, Sutton voved the payment of bi9Zs up to and including nedexber 20, 1955, in the am~~nt of $2493..52, as certified by the City Clerk an-d ap- proved by the auditing comnittee. Se.ccmbed by Cmn. Rob5nson. All ayes, mGtion carried, Cmn. Robinson moved ratification of the payroll for the first half of December, 3.955, as certified by the City Clerkand approved by -the audit- ing committee, Seconcled by Can. Sutton. All ayes, motion carried-. Crnrl, Sutton moved appkoval of the minutes with minor corrections as not- ed, Seconded by Cmn, Robinson. All ayes,. mction carried, Can. Suthn moved for adjournment and it was seconded by Cmn, Robinson. XeetJng adjourned at l8:50 P, Me Respectfully submitted, S /sgd ,I' M. 0 EWALD, C ity Clerk _""""""""-_""""-~"-="~- MINUTES OF THE REGULAR I MEETING OF THE CAELSBAJ) CITY COUNCIL "- January 3, 3.956 The meeting was called to order at 7 :C7 P. If. by Flayor Raymond C. Ede. PresenL besides the Playor were Councilmen Castsrena, Robinson, Hdtcn and Sutton, Also present were City ?.imager Nelson,. City +ttprney Smith, City Clerk Ewaid and nirectos of Public !.t'cwks Anthony. Cosrcspondence was read by the City Clerk as follows: (I..) Letter from Assemblyman Sheridan Hegland, dated December 12, 1955, forwardirrg COPY of letter from the State Division of I:igIlways, signed by Fk. George McCoy, regarding highway signing; rejecting proposed sign changes and locations, City ?lanager h'elson explained tll.at Oceanside and Carlsbad haw been meeting jointly with appointed committees to study the matter but had lqithil@ld any action uctil it could be determined whether OF not the new personnel would allow for these changes. Nr, Benden and MI*, E%dei-s, members of the Oceanside committee, were present and request- ed the Council to refer &he matter hack to the commi-t,t,ee so that they may continue their study' and formulate a lektes to he fdrwasded to Ere Durkee, Qirectos of Public Works for the State of Caiifornia, By common consent, 15 such procedure was favored by the Council. I (2) Letter from Dr. Miller, County Director' of Planning, dated Decem- ber 21, 1955, relative to the proposed County master plan for harbors and requesting a formal answer to questions submitted. City Manager Nelson informed the Council that the letter had not been reviewed by the Harbor Commission but that he had prepared a reply to the letter submitting the information requested and informing them approximately when the harbor survey will be completed and designating himself as liaison man to work with them. City Clerk Ewald reported that Mr.R. L. Patterson, consulting engineer for the harbor survey, had called' and arranged a conference with Y3.H. A. Noble, Vict President of the San Diego Gas and Electric Company, to discuss the proposed survey. No further report has been received on the financial participation which the City had requested from the County Board of Supervisors. . (3) Letter from the Board of Directors, Carlsbad Municipal Water 'Dis- trict, signed by Mr. Billy c. Fry, President, outlining Carlsbad's water problems and 'requesting an expression from the Council on the. proposed improvement districts and announcing a meeting to be held on January 5, 1956, to discuss these proposed districts and suggesting that a representative of the City plan to attend. Discussion was de- layed until after the Kiphart hearing which had been scheduled for 7:30 P. r.f. $3 4 City Clerk Ewald read "Notice of' Public Hearing" on application for re= r43 classification from Zone C-l to Zone C-2 on property described as the ..+ ~ -". Slesterly 1/4 of Lot 29 and Westerly 1/4 of Lot 30 of Seaside Lands, located at 2742 State Street, and the adjacent vacant lot located on 3 the South side of 2742 State Street, said reclassification being re- quested by John and Hazel I. Kiphark; published December 22, 1955. City Clerk reviewed the Planning Commission memorandum dated December 19, 1955, recommending approval of said application,' The applicant was present in support of the request and there were no protests, writ- ten or oral. City Attorney Smith presented Ordinance No. 9045, pro- viding for the reclassification of said property, and Cmn. Castorena moved that the recommendations from the Planning Commission in regard to the Kiphart application be accepted and the zone change from C-1 to C-2 be granted and, with the reading of title and number, this consti- tute first reading of Ordinance No. 9045. Seconded by Cmn. Helton. Roll call vote: Sutton, aye; Robinson, aye; Ede, aye; Castorena, aye; Helton, aye. Five ayes, no noes, motio3 carried. The minutes of the meeting of December 20, 1955, were discussed and Cmn. Sutton offered a motion adopting the minutes of: the meeting of December 20th as written, Seconded by Cmn. Robinson, All ayes,. motion carried, Discussion was resumed on the letter from the Carlsbad Municipal Water District. President Fry and Director Rogers were present and explained the District's position in the present situati'on, informing the Council that it is their wish to obtain an expression from the citizens of the community liefore proceeding with the hearings on these proposed dis- tricts but stressed the fact that the Board would not feel justified to take action prior to the receipt of the engineering report from Mr. S. T. Harding. City Clerk Ewald read "Notice of Public Hearing" on the Briggs-XcMillan ' o application for reclassification which had been scheduled for hearing at 7245 P. 14. Applicants request reclassification from Zone E-2 to Zone R-1 of property described as a portion of Lot I, Rancho Agua Hedi- onda, lying westerly of Sunnyhill Drive, and more particularly. de- scribed on the application. Mr. C. D. McClell.an, agent for the appli- cants, and Mr. Harry A. McMillan, were present in support of the ap- plication, Mr. McClellan informed the Council that, in addition to the Planning Commission's recommendations that the lot area of the building sites be established at a minimum of 10,000 square feet, the owners have agreed to adopt the declaration of restrictions 'which will 'bring architectural control and a 20,000 sq. ft. minimum bvilding site area as exists in the Carlsbad Highlands. The reason for the delay in the Council hearing on this matter was explained to Mr. McMillan and he was asked if this delay would present a handicap in his plans to build on the property. City Attorney Smith presented Ordinance No. 9044, providing for this reclassification, and called attention to the fact that the ordinance will not be legally established until January 17, 1956, and will not become effective until thirty days from that date. He advised that 'the Council might choose to -instruct the Building In- 1 I .- I spector to issue the building Permit subject to a clear understanding 8 on the part of the applicant *that, if thex?e is a referendum, the construc- tion would have to be abated at the owner’s expense. Mr. McMillan in- formed the Council he preferred to delay the start ’of construction until such time as the ordinance becomes effective. Cmn. Robinson moved the adbption of Ordiriance No. 9044 and, with the reading of title and num- ber, this constitute first reading, Seconded by Cmn. Sutton. Roll call vote: Sutton, aye.;;.Robinson, aye; Ede, aye; Castorena, aye; Helton, aye; five ayes, no noes, motion carried, MrP John Kiphart, applicant for the zone’change discussed previously, was asked if he wished to proceed with construction subject to the conditions outlined by the City Attorney but he ’declined the proposal. Cmn, Sutton mov6d that, if he (Mr. Kiphart) changes his mind, the Building Inspector be instructed to issue a permit under the conditions the City Attorney outlhed previously. Seconded by Cmn. Robinson. All ayes, motion car- ried. Mr. Bernard Robinson, Mr. George H, Williams and Mr. Herbert L. Cole were present and expressed interest in the proposed zoning for other sections of Statbe Street, .City Manager Nelson exp’lained that the pro- posed land use map establishes the entire East side of State Street, from the Carlsbad Thezitre North, as CM and that this zoning would in- clude both sides of State Street He pointed out that public hearings will be scheduled so that interested citizens may express their ^opinions and recommendations on the propcsed zoning, City Clerk Ewald continued with the reading of the correspondence and presented a bill from the Carlsbad Appliance Store for the rental fee on one cement mixer for use by the City, with receipted bill attached. Appreciation for this allowance to the City was expressed by the Council to BY. Billy C. Fry, owner of the Carlsbad ’Appliance Store. (4) Letter dated December 30, 1955, from Automobile Club of Southern California, announcing plans to discontinue sale and maintenance of high- way signs as soon as possible. City Manager Nelson informdd the Council that the City hias not availed. themselves of the service so this change will not affect City operation. (5) Letter from the South Bay Engineering Company, dated December 30, 1955, relative ko the meeting “scheddled for Tuesday, January loth, to discuss the proposed sewage disposal survey. City Manager Nelson an- nounced that the meeti’ng has been tentatively scheduled fop 4:OO P. M. and will be an informal meeting with representatives of the firms in- terested in making this survey, PLASNING COM?4ISSIOX. The fi”na1 map of Terramar Unit No. 5, which had been held in abeyance pending the execution of the contract fop improve- nents, was presented for Council approval. City Attorney Smith reported the agreements and bonds have been prepared in accordance with the im- provement cost estimates. He informed the Council that the agreements have not been executed but it is anticipated that they will be complet- ed and signatures affixed on January 4th (tomorrow morning). Cmn. Rob- inson moved the acceptance of the final map of Terramar Unit No. 5. City Attorney Smith informed the Council that this should not .be a con- ditional acceptance but it should be a matter of record that the final map is approved with the understanding that these agreements will ‘be executed at the earliest possible time. With the addition of this state- ment, the motion was seconded by Cmn, Helton, All ayes, motion carried. Discussion was resumed on the Carlsbad 14unicipal Water Qidtri‘ct re- port. Mr. C. D.. KcClellan, Chairman of the Citizens’ t?ater Study Com- mittee, was present and informed the Council the Steering Committee of the group is meeting this date arid will repdrt back to the general committee. He stressed the fact that the Commit‘tee wishe‘s to have an opportunity to study the Harding engineering report and ‘analyze it be- fore presenting any recommendations on the proposed improvement dis- tricts. Mr. Cli3ud Fennel, a member of the Citizens’ Committee, took the floor, urging that long-range planning be employed in the whole program to obtaiin water for the area, Director Rogers stressed the time element involved in the construction of a line and informed the Council that all indications- point to the fact that one line is the most feas- ible and economical answer to the water problem for the area. Cmn, Robinson moved, and it was seconded by CEn. Sutton, that the Council recommend to the Carlsbad Municipal Water District that no new districts be formed and no action be taken until the reports from the various com- m2ttees and the consulting engineer have been received. All ayes, motion carried. I :3 -4 3 2 4 3 I I 1.5 City Manager Nelson of the City Council Thursday, January 5, was delegated to present 'the written recommendations at the meeting of the Municipal Board to be held on , 1956, Mayor Ede announced the terms of two members of the Harbor Commission, Commissioners Jeffers and Walters, expire this date and he informed the Council .that he had conferred with both and they have indicated they would be willing to accept re-appointment for another term of four years. Cmn. Helton moved the appointment to the Harbor Commission of Orville Jeffers arid C. C. ICalters be approved for a term of four years ending January 4, 1960. Seconded by Cmn. Castorena, ,All ayes, motion carried. Cmri. SutCon stressed the importance of bringing new blood into the Commissions and that the Commissions not be allowed to perpetuate. POLICE DEPARTMENT. Chief of Police Palkowski announced the promotion of Sgt. Samsel G. Wolters to the rank of Tieutenant. During the presenta- tion of the badge of Lieutenant to Officer' Wolters, publicity pictures were taken and congratulations were extended by members OF the Council and other citizens of the community present. City Clerk read the report for the Police Department as submitted for the month of December, 1955, as follows: Arrests . . . . . '. . 9 Accidents . . . . . 7 Citations . . . . . . 62 General Cases . . . .191 Cmn, Castorena reviewed the annual report submitted by the Police De- partment and called the Council's actention to the total of 5,840 hours which have been donated by nembers of the Reserve, and ocher items of interest. FIRST DE?ARTMEhT. City Clerk read the monthly report of the Fire De- partment for the month of December, 1955, as follows: Fires , . . . . '. . . 0 Resuscitator calls . 2 False Alarm . . . . 1 Misc. calls . . . 2 Meetings . + e . 3 Fire Prevention classes . . . . 2 Fire Prevention inspections . . 35 The annual report for the Fire DeparOtment was reviewed and it was noted that the total of 8,340 hours were contributed by members of the De- partment and attention was called to the fact that the City has been 120 days without a fire. Cmn. Sutton moved that the City Council express their thanks to the Fire and Police Departments, and in behalf of the citizens of the community, for the excellent record they have established since the City of Carls- bad was incorporated. Seconded by Cmn. Robinson. All ayes, notion carried. Members of the Council also expressed appreciation to Cmn. Castorena for his devotion and assistance to these departments. Fublic Works Director Anthony announced he had talked ,with the main of- fkci of the Cox Brothers Construction Company and it is anticipated, with the addition of a larger- crew, that the Elm Avenue project will be completed within the next two weeks. He also announced that final in- spection will be held on the Olive Drive sewer extension. City Kanager Nelson reported he had talked by telephone with a repre- sentative of the Glanville Plumbing Company, who advised that construc- tion will be delayed pending the receipt of the trickling filter which should arriv'b approxinately the first OF March. He further advised that preliminary construction will commence sometime in February as the Company does not wish to tie up machinery in the area until the filter is available. City Manager Kelson was instructed to contact the con- pany to see if there is any possible way to speed up delivery of the filter so that construction may proceed as originally planned. The City Attorney was also instructed to check out the construction date. Ciscussion was reopened or? the sewage maintenance district boundaries and the minutes of the meeting of December 20th were reviewed on the 3. discussion held that date. Members of the Council felt that some justi- fication should be made in the event that an overall tax should be levied to finance this maintenance district as areas not served by the sewer will not benef:it. Cmn. Sutton stressed the fact that the Terramar Lighting .4ssessment, which it is anticipated will be assumed by the City and expended from the General Fund, should not be tied in with this proposed tax levy as it might leave the Council open for other requests for utilities ton this basis. City Attorney Smit:h pointed out that a logical justification for such a tax levy would be the proposed sewage disposal survey which will cost approximately $6,000.00 and will'bene- fit primarily all areas not presently served by sewers and will not benefit those already connected to the sewer system. Cmn. Robinson moved the Sewage l4aintenance District be dissolved. Seconded tjy Cmn.' Casto- rena. All ayes, motion carried. City Attorney advised that the Coun- cil extract a jportion of the minutes and a copy be forwarded to the County Assessor. Cm. Robinson moved that the Sanitary District Bond and Interest #I be dissolved. Seconded by Cmn. Helton. -All ayes, .mo- ti on carried . Second reading was given Ordinance So. 5025, adopting County Ordinance, providing for renewal of annual permits from the Department of Public Health and payment of annual fees and imposing a penalty for payment of delinquent fees. Cnn. Sutton moved the adoption of Ordinance No. 5025. Seconded by Cmn. Castorena. Roll call vote: Sutton, aye; Robin- son, aye; Ede, aye; Castorena, aye; Helton, aye; five ayes, no noes, Ordinance adoplted. City Attorney Smith presented Resol'ution NO. 195, requesting the De- partment of Fublic Health, San Diego County, to enforce Ordinance No. 5025 of the City of Carlsbad.. Cmn. Castorena moved the adoption of Resolution No. 195. Seconded by Cmn. Sutton. Roll call vote; Sutton, aye; Robinson, aye; Ede, aye; Castorena, aye; Helton, aye. Five ayes, no noes, motion carried. Cmn. Sutton moved the payment of bills, up to and including January 3, 1956, in the amount of $17,107.44, as certified by the City Clerk and approved by the Auditing Committee. Seconded by Cmn. Castorena. All ayes, notion carried. Crnn. Castorena moved ratification of the payroll for the last half of December, 1955:, as certified by the Ci'ty Clerk' and approved by the Auditing Committee. Sec,o.nded by Cmn. 'Sutton. All ayes, motion car- ried. There being no further business to come be'fore the Council, Cmn. Cas- torena noved for adjournment a'ng it was seconded by Cmn. IIelton. The meeting was adjourned at 9:55 P. M. Respectfully submitted, S M. 0. EWALD, City Clerk "" """""-"""""""""" MINUTES OF' THE REGULAR MEETING OF THE CARLSBAD CITY COUXCIL January 17, 1956 The meeting was called to order at 7:05 P. ?.I. by Nayor Saymond C. Ede. Present besides the Mayor were Councilmen Castorena, Sutton and He].- ton, City Manager Kelson, City Attorney Smith and City Clerk Ewald. Cmn. Robinson was present after 7:lO P. El. Osecing of Bid Bonds for Yunicipal Sewer District No. 2. City Clerk Ewa3.d opgned each sealed 5id bond and announced each pro- posal in detail as set forth below: (1) Bank of America, h'ational Trust and Savings Association, San Francisco, signed by Pr. B. F, Lundeen, local mqnager. $25,OOO par value maturing February 1, 1957 to February 1, 1961 inclusive, bearing interest at 4-3/4%. $35,000 palr value maturing February 1, 1962 to February 1, 1968 inclusive, bearing interest at 3-1/4%. Ibi11' pay par and accrued interest to date of delivery, plus a 1 premium of $9.00. Enclosed Cashier's check in the amount of $1800.0~.