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HomeMy WebLinkAbout1956-01-17; City Council; Minutesx 0 tJ discu~si~n held that, date. lrlenbers of the CSUXIC~~ ??elk. tl-1Zt SOIR~ justi- fication should be made in the event that an overall tax should 5e levier to finance this naintenanee district as a~eas not s51-ved by the sewer will not benefi:;. Cmn. Sutton stressed the fact that the Terramar Light.i:.rg Assessment, which it is anticipated :gill he assumzd by the City and expended from tlaa General Fund, should n0-b be tied in with this prsposec! tax levy as it might leave the Council cpen for other requests for utilities on ti:is Gasis, City AIto~*ney Si2rit.h pairrted out ti12t a logical justification for suc?: a tax levy would be the proposed sewage disposal aurvcy whieh will ecst approximately $6,000 L OO and ViiIZ .bene- fit px2imaril.y all areas nat presently serv.ed by Sewers and wi3.3- not the Sew2~i;~s Ysintenance District be d~ssolvsd, Sn,conc!cd by Crrs~d' Czsko-3 I%II~. A211 ayes, i:;otioII c~rz>ied. CiLy Attorney advised that bhe Coun- CsunLy Assesscw, Cmr>, Robinson rr,ovecl tlnat thc Sanitary District Bond and Interest ffl be diSsolved, Secon.d.ed by Cmn. ~~cItxuxl, 'A12 ayes, YIIQ- tion carried. benefit thos,a s.Br.eady zonnf5eted to tire Deldel' s3'S:te.?ls CPl3-l. P,@binson 3¶09-e1 cil ex'k.racb 2 portio11 of bIie minutes and a copy be for'h'nrded to the Second pr 03: id TIen Iti? r-eadixq was given Crdinance Yo. SC25, adopting C0unt.y Srdinamce, ing for. ~qea~~?f. of annual Fellillits from the kpartxcnt of P~lblic an:! paymerit ef? annual fees and im,r,osing ;i penalty for payment of delinquent fees, Crun e Suttor, moved tl~ adop-kioa of Ordimace So, scm, aye; Etle, aye; Casf;orzna, aye; ficltcn, stye; Five ayes, no noes, 5c25. SccoIrded by Crm. Caat;orena. Rcr3-I caP3. voee: .SerB;@on, aye; Robin- Cip..<':ifiancc acloptecl. City At"isr.~~ey Smith present& Resolution KO. 195, requesling the Ce- pa.l*tment sf Fublic, H::alth, Sail 3ieg0 County, %O enforce OY~~IXIIICS XO. 5C25 OF th:? City on" Carlsbad.. Cmn, Castorma ISZCVC~ the adoption of Rcsoluticil NO. 195. Se~ur~tfed by Cmn. SU~~QII. Roll call VD~C; Sut.toY1, aye; Robinson, aye; Ed@, aye; Castorem, aye; Helton, aye. Five ayes, :IO ilOC?S, tilObiQI1 C.3Priedo Cmn e Sctton moved the payment of bills, up to and includhg January 3, 1-956, in the amount of $17,107.44, as certified by the City Clerk and approved by the Auditing Committee. Seconded by Cmn, Castsrena, AI1 ayes 9 motion cararied * Cmn. Castorena moved ratification of the payroll for the last; half of December, 1955, as certified by the City ClesY and approved by the Quditing Committee, Sec.ondcd by Cmn, Suti;ona All ayes, motiola car- I- ie cl e There beirlg no fcrtkr business to come beFore the Counc:il, Cml. Cas- Lorexla noved for adjournment an8 it was seconded by Cnm. HePton. The meeting was tidjsurncd at 9:55 P. 1:. RespcctFuIly submitixd, s PI, 0-* E\I!!I'.LD 9 City Clerk ""S" - """""""""-.~""""" MINUTES CF THE REGULAR ?IEETIXG OF TI!!? CARLS&ZD CITY. COUXCIZ January 17, 19.56 %e meeting was called to order at 7 :OS Po 15. by X'a'gor Raymond C e Edc. Fresenk besides the Mayor were CormciZ.men Castoren?, Stattor1 and i-Ie1.- ton, City ?fanager Kelson, City Attorney Smith acd City Clerk Ewnld, CK~, Robinson, was present after 7:l.O P. ?!e C?cer,i.u-_qf Cid Eon& for ?.lunicipal Sewer District Yo. 2. City Clerk Ewa'Pd opened e~ch sealed bid bcnd an6 anaounced each pro- pcsa?. in detai.1- as set forth below: (I) Eank sf A4merica, Xational Trust. axld Sarrings ;ksocintiun, San _."" ?ran:~isco, sig~ed by ?!re i3, F, Lundeen, locd mqnager, !$25,1'1@1? pat. value makuring February 1, 1957 to February 1, 1961 incPusive, besring interest at 4-3/4$* $35, COO par value maturing Febrnary 1, 1.962 to February I., 1968 inclusive, beariag interest at 3-1/4$. ?Pill' pay par and accrued interest to date of delivzry, plus a " ~ . prelniuni of .$9.co. mc.Tosed cashier 3 s check in tire arnount. cf $I.SizO a oc * I ;;g 4 pa e s I I 6 (2) Blythe and Company, 215 Tfe-st Sixth Street, &os Angeles 14, Calif. $60,000 bonds naturing from February 1, 1957 to February 1, 1.968 inclusive, bearing interest at the rate of Three and One-Half (3$%) per annum, will pay par $6.0,0@0) and accrued ,interest from date of the bscds to. date of delivery to firm, plus a premium of $162.00, Encl.osed Certified Check in the amount'of $18OO.OC. (3) Taylor and Company, 364 Korth Caden Drive, Beverly Hills, Calif. 2.957 to 1967 maturities at 325% per annum; 1968 maturity at 3-1/4% per annum, !t'tll pay $60,000 which is the par value thereof, and in addition thereto, a premium of Nine and No/100 ($9.00), plus accrued interest tothe date of delivery. Said bond-s are to be dated February 1, 1956, and are to rnature $5,000 in each of the years, February 1, 1957-68 inclusive. Enclosing Cashier's Check in the amount of $18CO, The bid bonds were- referred to the City Attorney for che'cking and cornpu- tation, a i-eport there.on to be given to the Council later in the meeting. The minutes of the regular meeting of January 3, 1956 were discussed and minor correction noted. Cmn. Robinson offered a notion app-roving the minutes of the meeting of January 3, 1956, as correcti5d.- Seconded by Cmn. Helton, All ayes, motion carried, Cmn. Castorena was temporarily excused at 7:15 I?. M, to attend a meeting at the Fire Department quarters. City Clerk Ewald polled the members of the Council on reservations for the League of Cities regular meeting. Correspondence was read by the City Clerk as follows: (1) Letter from Carlsbad Union Elementary School District, dated Janu- ary 13, 1956, relative to construction of new school at Magnolia and Yalley Streets, requesting information on installation of curbs and widening of- street. City Manager Nelson informed the Council it would be advisable to have Gordon Whitnall Associates check' the area to de- termine the street grade and pointed out that, if the school would agree to pay for the curbs and sidewalks, .the City would pay for the surfacing. By common consent, the Council authorized the Director of Public Works and City Manager to approach the School District on this proposal and also to check with the firm of Gordon Whitnall Associates on the street grade . (2) Letter from Atlas Iron and Fence Company, San "Diego, California; dated January 11, 1956, addressed to the License Department, expressing discontent with the amount of license fee requirement' by the firm for operation in the City of Carlsbad and submitting an attached list of fees paid by the Company to other Cities in the area. ~ City Clerk Ewald informed the Council that the same question on fees arises with the licenses for termite control firms and sub-contractors.in the area, City Manager Nelson informed the Council th6 City Attorney feels that this request.would come under the sub-contractor classification and pointed out that Oceanside has a special category for such firms and Escondido lists sub-contractors as "other business", which accounts for the difference in the rates. Mayor Ede reported that, at the llayor's meeting held on January 16tfh, the City of San Diego reported that an ordinance on licenses is being drawn up and will be submitted to the other Cities of the district in an effort to obtain uniformity of fees throughout the County. City Manager Nelson was instructed to draft a reply to the Company, informing them that the matter is under consider- ati.on and there are hopes of getting uniformity throughout the County. (3) State of California Recreation Department, dated~ January bth, re- garding survey which was conducted on the recreational facilities in the State and setting forth recreational programs for the State of Cali- fornia. City Manager Nelson informed, the Council that a copy qf the report has been submitted to the Park and Recreation Commission for their study and recommendations. (4) Letter from the Carlsbad Police Department, signed by Chief of Po- lice U. Max Palkowski, dated January ll, 1956, requesting permission to establish a small arms firing range in the area of the eucalyptus forest for use by *the Police ,,reserves and regular members of the Police Depart- ment. Cmn, Castorena offered a motion that the request of the Police Department be granted, Seconded by Cmn. Robinson. All ayes, motion carried, (5) Letter from California Marine Parks and Harbors Association, dat- ed December 28:, 1955, signed by .He Morgan Noble, expressing apprecia- tion for the C:ltyls -support of Harbor Bill No. 2939. Letter will be referred to the Harbor Commission. (96) tetter from Assemblyman Sheridan Hegland, -dated January 4, 1956, relative to the Chappel Hearing on the proposed Harbor site. The let- ter will be submitted to the Harbor Commission for their consideration. (7) Letter -from Carlsbad Mutual Water Company, dated January 17, 1956, relative to the purchase of the Company, setting forth conditions of purchase and suggesting a joint conference to discuss such conditions. Cmn. Robinson stated his reluctance to enter into the -discussion due to his official connection with the Company in the capacity *of Director.. City Attorney !smith confirmed this decision. Gen. W. W. Rogers, a di- rector of the Carlsbad Mutual Water Company, was present and stressed ance and briefed the Council on the fhncial condition of the Company and the Board's feeling which prompted the imposing of these conditions on the sale. He informed the Council tha6 the Board desires to get a concrete plan which may be submitted to the shareholders asking that they indicate by letter which proposal is acceptable to them. The .in- terest figure discussed was four per cent (4s)and it was pbinted out that, at the present rate of payment, it will require a period Qf <if- teen years to pay off the balance without the payment of interest and, in the event that interest is to be paid, the time limit for payment would have to be extended. Director Rogers called att.ention to the importance of protecting ,the water rights of the North Carlsbad area prior to their annexation to Oceanside. City Attorney Smith pointed out that the Nart,h Carlsbad area has been included in the proposal to purchase. Mr. Wilbert H. Ockenfels spoke from the audience,' calling attention to the fact that the shareholders of the Mutual, without re- ceiving interest, would save the annual assessments levied by the Com- pany and would also be receiving a cash payment for their stock share9 Director Rogers offered the opinion that the interestp charge would be justifiable duts to the fact that the purchaser of the Mutual will be getting the Company at approximately SO%.of its book value and point- .' ed out that these assessments have been going into capital improve- ments, thereby increasing the value of the company, City Manager Nel- son called attention to the fact that the payment of interest would increase the amount of the sale price by approximately $100,000.00 and that the interast received by most shareholders would be negkigible due to the fact that the majority of the .property owners have only 1110 share of stock, Cmn. Sutton offeped the following recomendations: (1) Interest between 2 and 4 per cent, 'possibly in the amount .of 3 per cent, to be bargained between a Mutual and Council committee, A token interest to be ,paid but not enough to. jeopardize or curtail business. (2) A time limit ;between 20 and 25 years with the stipulation that if it can be paid off .more rapidly, or on a more equitable basis, then such steps should be taken. (3) Protection of water righ,ts -- if the City assumes charge of the Company, it would automatically be obligat- ed to protect .the water rights of the North Carlsbad area. Cmn. Cas- torena pointed. out that the City should go along with the interest charge only if the. majority of the shareholders favor such a charge . By common consent members of the Council indicated. ,their approval of these recommendations and a committee, consisting of Cmn. Helton,. City Manager Nelson and City Attorney Smith was appointed to meet with the Mutual Board and submit the recpmmendations set forth here, for dis- cussion and perhaps modification, with this joint meeting to 'be called by the Mutual .Board. -' the importance of an interest-bearing arrangement on the unpaid .bal- City Attorney $Smith, after examination and computation of the bids sub- mitted for the bonds of Municipalsewer District #2, announced the low interest rate cost of the firm of Blythe and Company qualifies as the successful bid,, Total interest cost to the City was computed .at $13,488,00 or :3.45846. The sec-ond highest bid was announced aseTaylor and Companyls proposal which results 'in a net interest .cost to th,e City of $13,628.5C or interest cost of 3.4623%. The third qualifying bid was announced as Bank of America, National Trust and Savings Associa- tion, with a net interest cost of $13,791.00 or net percentage of 3.536%. The City Attorney presented Resolution No. 196, Awarding Bonds of Said City to the firm of Blythe and Company, Cnm. Sutton moved the adoption of Resolution No. 196.. Seconded by Cmn. Castorena. Roll call vote: Sutton, aye; Robinson, aye; Ede, aye; Castorena, aye; Helton, I ,3 "1 a- clr: ";A 3 I I aye; five ayes, no noes, absent, .. none, 'Resolution adopted. PLANNING COMMISSION. City Clerk Ewald read memorandum from the Planning Commission recommending denial of the application of -.Mr. Joseph L. Morales, 3237 Madison Street, for reclassification from Zone Rd2 to Zone C-1 of property descri.bed as Lots 23 and 24, Block 41, Carlsbad Townsite, for the reason that it is incompatible with'our proposed zoning plan 'and constitutes- "spot" zoning. Mr. Wilbert Ocenfelc, .act- ing in behalf of the. applicant, entered a formal appeal for reconsid- eration of this request. . Cmn. Sutton moved that a-hearing on the Jo- seph M. Morales request for reclassification be set for February 7, 1956 at 7:30 P. M, Seconded by Cmn. Castorena. All ayes, motion carried, Memorandum from the Planning Commission, dated January $6, 1956, recom= mending th'at the application of Carl R, Brown for special use permit to allow use of a model home, to be constructed on property located on the NW corner Garfield Avenue and Juniper Street, as sales office, be denied for the reason that the 'area is not properly zoned for such use. Cmn. Sutton asked if such use .could be classified as a home occupation but City Attorney Smith expressed the opinion that a special use permit could not legally be issued for a sales office in an R-2 zone.. Cmn. Castorena 'moved the Council accept the Planning Commission's recommend- ations on this matter and that the request of Mr. Carl Brown be denied. Seconded by Cmn. Helton. All ayes, motion carried. Memorandum from the Planning Commission dated January' 16, 1956, recom- mending approval. of the application of the City of Carlsbad for a special use perm'it to allow construction and operation of *a sewage treatment plant" in a C-1 zone, with notation that the area be properly landscaped'. Cmn. Sutton moved that a hearing be set for 8:00 P. M. on February 7, 1956, to consider this *application. Seconded by Cmn. Robin- son. All ages, motioli carried, City Manager Nelson itxplained that the landscaping for the area ais included in the contract .for the plant. LIBRARY COMMISSION. Mayor Ede -announced that the -term of Mrs. Jean Mc- Csnn, a member of the Library Commission, expired on December 21, 1955, and recommended that she be reappointed to :the Commission for, a three- year term. Cmn, Sutton moved the reappointment of Jean McCann to the Library Commission ,for a term of three years, -ending 1959. Seconded by Cmn. Robinson. All ayes, motion carried. City Manager Nelson announced that, after careful consideration of ,the proposals submitted for the sewer survey, heand Publit Works Director Anthony wish to recommend to the Council that the City Attorney be authorized 'to draft an agreement with the firm of Brown and Caldwell for this *survey, based on their -proposal to the City..,, Mr. Byrl Phelps was mentioned as the second choice. ' Cmn. Robinson moved the Council accept the recommendations of the City Manager and the Public Works Di- rector, and instruct the. City Attorney to draw up a contract with Brown and Caldwell for the sewage survey and that, at such time as the con- tract is in form satisfactory to the City Manager, the proper signa- tures be authorized. Seconded by Cmn. Helton. All ages, motion car- ried. Cmn. Sat,ton offered the suggestion that, in view of the fact that this. was not on a bid basis, letters be written to the South Bay Engineering Company -and Mr. Byrl D, fhelps expressing' appreciation for their interest in submitting bids On this -project'. City Manager Nel- son was instructed to draft these letters. City Manager Nelson reported the Elm Avenue project is scheduled for completion on Friday, January 20th, and will be opened to traffic on ,., that date. A nribbon-cutting" deremony was discussed and planned for 4r30 Pi M. with City officials and interested citizens invited to at- tend, City Manager Nelson reported receipt of a communication from the State Division of Highways, indicating the State will accept $lOO.OO for t.he eight remaining parcels of land which remain unsold after the auction- ing of the other parcels in the City. He pointed out that the City could possibly, get .$300.00 for sale of same to individual property owners and informed the Council he feels purchase of these excess par- cels w.ould be in the best interests of all concerned. ' Cmn. Robinson moved' the Cfty submit an offer of $100.00 f.or said parcels. Seconded by Cmn. Castorena. All ayes, motion carried, Second reading was given Ordinance No. 9944, providing for the reclass- ification fr.om Zone E-2 to Zone R-1 of p,roperty described as a portion i a ** 4 of Lot I, Ranclho Agua Hedionda, lying Westerly of Sunnyhill Drive. , Cmn. Sutton moved the adoption of Ordinance No. 9044. Seconded by Cmn. Helton. Roll call vote; Sutton, aye; Robinson, aye; Ede, aye; Casto- renag aye; HeltFon, aye; five ayes, no noes, absent; none, Ordinance adopted. Mr. Harry McMillan, the applicant, was present and requested that the thirty-one day legal requirement '.for establishment of 'the or- dinance be waived as he desires to commence construction on the prop- erty. Cmn. Robinson moved that the thirty-one day period be waived, subject to the assumption of 'risk by the owner that he will remove any non-conforming uses. Seconded by Cmn. Sutton. All ayes, motion car- ried. Second reading' was given Ordinance 'No. 9045, providing for reclassi- fication from ;Zone C-1 to Zone C-2, on property described as SNesterly 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 0x1 the South side of 2742 State Street. Cmn.' Castorena moved the adoption of Or- dinance No. 9045. Seconded by.Cmn. Sutton. Roll call vote: Sutton, aye; Robinson, aye; Ede, aye; Castorena, aye; Helton, aye. Five ayes, no noes, absent, none, Ordinance adopted. The meeting was adjourned for a short recess and was, reconvened at ..lO:O5 P. 'M, 'City Attorney '!Smith obriefed the Council on the -action taken to date on the dissolution of the Public Utility District and informed them that he is working closely with Mr. Edward Kentner, Chairman of the District. It was his opinion that the City need not enter into "y future legal negotiations. City Manager Nelson presented Ordinance No. 2021, adopting amendments to the 1953 Fire Underwriters' Code. Cmn. Sutton ,moved the ,adoptiod of Ordinance No. 2021 and, with the reading of title and number, first reading be waived. Seconded by Cmn. Robinson. Roll call vote: Sitton, aye; Robinson, aye;. Ede, aye; Castorena, aye; Helton, aye. Five ayes, no noes, absent, none, Ordinance adopted. Plans for the City Election, slated for April 10, 1956, were discussed. The question of whether the offices of the City Treasurer and City Clerk should *be appointive rather than elective was considered. City Clerk Ewald indicated his approeal of such a proposition but action- was deferred until City Treasurer Roy Pace can be contacted to ascertain his opinion on such a proposal. City Clerk Ewald requested the Coun- cil ts authorization to proceed with the election arrangements and asked if the City wishes to employ the firm of Duane Wheele-r to h,andle the proceedings. Cmn. Sutton moved that the firm of Duane Wheeler be se- lected to handl!e $he proceedings. Geconded!-.bg Cmn.-:C8'storena. All ayes, motion 'carried. City Manager Nelson called attention to the fact khat payment of the fees for the League of California meetings has been authorized in the current budget and urged that Council members plan to attend when poss- ible . City Manager Nelson presented a draft of permit and application forms necessary for &he enforcement of Sign Ordinance No. 8020 which was for- mally adopted on Febr,uary 16, 1954, providing that within two years from that date,, all. signs must conform. In the discussion which fol- lowed, members of the Council were not cl-ear on the type of signs which would be regulated by this ordinance. City Attorney Smith stated it was his opinion that the ordinance was passed to 'keep tab on the signs in" the City whitch might not be kept in repair and should be abated and also to regulate fees for signs not located on the premises where the business is ordinarily. conducted ot' which encroach upon public proper- ty and create a nuisance. Since no definite conclusion could be reached, Attorney Smith, City Clerk Ewald, City Manager Nelson and Cmn. Robinson were alppointed as a committee to study and interpret the or- dinance and report their findings to the Council. Mayor Ede reported on the January *meeting of thee Mayors of San Diego County. Cmn, Castorena moved payment of the bills, as certified by the C'itY Clerk and the amditing committee, for the ,period from. January 3,. 1956, to January 17, 1956, in the amount of $7,455.28. Seconded by Cmn. Hel- ton. All ayes, motion carried. . Cmn. Castorena moved ratification of the payroll for the first half of -1 ,-. ~ k the month of January, 1956, as certified by the City Clerk and approved by the audi.ting. committee. Seconded by Cmn, Robinson. All ayes, motion 1 carried. Upon proper motion by Cmn. Helton, duly seconded by Cmn. Castorena, the meeting was adjourned at 10~58 P. K. Respectfully submitted, S /sgd/' M. 0. EWALD City Clerk .I)~".""""""""""""""" * MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL February 7, 1956 The meeting was called to order at 7:06 P, M. by Acting Mayor Castorena. ?resent besides..the Acting Mayor were Councilmen Robinson, Sutton, City Manager Nelson, City Attorney Smith and City Clerk Ewald. Cmn. Helton was present after 7:12 P. M. The minutes of the meethg of January 17, 1956, were read and discussed with'minor correction noted. Cmn, Robinson moved the minutes of the '3 meeting of January 17th be approved as corrected, Seconded by Cmn, Sut- ;-I ton. All ayes, motion carried. r3 -e .": Correspondence was read by City Clerk as follows: 7 p 3 (1) Letter dated February 2, 1956, from Duane Wheeler t3 Company regard- ing Municipal Election slated for April 10, 1956, forwarding resolution to be adopted by the Council requesting the Registrar of Voters of San Diego County to render specified services. to the City in connection with the general municipal election. Ci.ty Attorney Smith informed the Coun= cil that he had examined the resolution and found it to be in order and instructed the amount should be inserted prior to its adoption. City Clerk read number and title .of this Resolution No. 197. Cmn, Robinson moved'the adoption of Resolution No. 197. Sec0nde.d by Cmn. Sutton', Roll call vote: Sutton, aye'; Robinson, .aye; Acting Mayor Castorena, aye three ayes, no noes, absent, Mayor Ede, Cmn. Helton, Resolution adopted. (2) . Copies of letters from Assemblymen Luckel and Chappell relative to visit of Carlsbad site of proposed harbor, scheduled for February 13th, 14th and 15th. City Clerk'Ewald informed the Council arrangements have been made for the committee to visit on February 14th, with representa- tives of the City to meet with them at the City Hall at.l0:00 A. X., and that Mayor Ede has suggested as many members of the Council as possible be present, Glenn Feist, president of- the 'Carlsbad Chamber of Commerce, was present and informed the Council that a letter has been written to the San Diego Gas and Electric Company asking that they plan to have a representative present. W. Feist also called the council.'^ attention to the fact that since the lifting ofthe restriction on the funds for the harbor survey no progress has been made and the indication is that Mr. Patterson. is not anxious to take over this survey, By common consent the Council instructed the Cit Manager to follow through on the matter so that action on the survey may be speeded up, - (3) Letters from the Chamber of Commerce, dated February 7, 1956, op- posing the placement of power poles on Elm Avenue and submitting infor- mation on the proposed lighting district. Chairman Edward Kentner was lighting district for the Elm Avenue area and requested the City At- torney to study the law and give alternate proposals under which such a district could be formed, He stressed the fact that persons signing these petitions are only interested directly for underground ornamental -: present and reported he has obtained 58 signatures supporting the . . lighting in the area, City Manager Nelson reported he had talked with Mr. Paul1 Evan's, repre- sentative of the San Diego Gas and Electric Company, and he had agreed to take these power poles off Elm Avenue. He explained that in order to change the wiring in the Freiburger building, which is presently wired for the front, will involve. approximately $300.00 and the .Gas and Elec- tr,ic Company does not wish to pay for it. City Manager will discuss the matter further with the Company in an effort to have the poles removed and temporary service installed in order to give the City time to work