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HomeMy WebLinkAbout1956-03-06; City Council; Minutesrx rJtj . . .. . .. ~ I.. . .. . Castorena aye; lielton,. aye; .five ayes,.. no noes, Resolution adopted. Cmno Castorena moved the payment of bills for theperiod February 7th to February 21, 1.956, in the amount of'$l,886.27,'as certified by the city Clerk. and approved by the auditing cornittee. Seconded by Cmn. Helton. All ayes, motion carried, .. .. - .. Cmn. Castoreha moved ratification of the payroll for the first half of February, 1956, as certified by the City Clerk and approved by the de- partment heads; Seconded by Cm.n, Helton, All ayes; motibn carried. Upon proper motion for adjournment'by'Cmn. Sutton, duly seconded by Cmn, Castorena, the meeting was adjourned at 11:21 P, E, e, .. S Respectfully submitt.ed, /sgd/ M. 0. EWALD City Clerk ""-P"""""""""""""""," MINUTES OF THE REGULAR BEETING OF THE CARLSBAD CITY COUKCXL March 6, 1956 The meeting was called to order at 7 :06 F M. by Mayor Ra'ymond c Bde. Present besides the Mayor wer,e Councilmen Helton, Robinson, Castorem and Sutton, City Manager Nelson and City Clerk Ewald. City Attorney Smith was present after 7:2.5 P. M. The minutes of the regular meeting of February 21, 1956, were discussed and corrections noted. Cmn. Sutton moved the minutes of the meeting of Februar*y 21, 1956, be approved as corrected. Seconded by Crane Robinson. All ages, motion carried, =PONDENCE: Correspondence was read by the City Clerk as follows: (1) Letter from the County of San Diego,.Board of Supervisors, dated February 20, 1956, in response to a request from- the City for financial participation fn the engineering survey of Agua Hedionda Lagoon, advis- ing khat no'funds have been included for such in the current budget: After discussion, by common consent the City Manager was instructed to draft a letter in reply, stating the Council realizes that it is not in- cluded in the current budget and hope that the County Board .of Super- visors will take it under advisement. (2) Copy of letter from' the Ocesnside-Carlsbad Union High School Dist- rict to the-County Board of Supervisors requesting cancellation of taxes on the Carlsbad High School property, City Hanager Nelson informed the Council that no further action is necessary as the taxes for all agencies will be cance1e.d on this request. (3) City Clerk presented proxies for the City'.s water stock which will be voted at the annual meeting of the Carlsbad Mutual ' Shareholders to be held Elarch 20, 1956. After-discussion, Cmn. Castsrena moved that the Council instruct-u.the City Manager to vote the 4.34 shares of Mutual Water Company stock at the annual meeting in accordance with the City's policy, Seconded by Cnn. Sutton. All ayes, notioE carried. Cmn. Suttsn reported he had talked with the State Contractors' license representative and had. been informed that the State License Board places a fencing contractor in the sub-contractor division which is the same im- terpretation which the City has placed on it, Along; the same lines, City Manager Nelson reported that he had conferred with the City Manager of Oceanside who has confirmed the fact of the difference in rates for laun- dyy truck operation in the two cities. He expressed his willingness to get together and work out a uniform ordinance between the twocities, By coatmon consent, the City Manager and City Attorney were authorized to work with the City of Oceanside towards the establishment of' an equitable agreement, ' ' City Manager Nelson announced receipt of the 1956 Uniform Building Code which will be referred to Cmn. Helton for his recommendations Prior to its adoption by the City, PLANNING COMMISSION: City Clerk read a memorandum from the Planning COm- mission, dated February 27, 1956, recommending denial Of the application of Foster and Kleiser Company for a special use permit to erect outdoor advertising Structure On Elm Avenue, pointing out that billboards are I 3 4 2 c f I I I. 3 objec.tionable in that particular area in that there would be many pro- tests from abutting property owners and that Elm Avenue has just recently been. re-developed and such signs would hinder development and create a demand for other sign requests on the street. City Manager Nelson.briefe the Council on the Planning Commission's discussion on the request and advised that the Commission is obtaining a copy of the Oceanside sign or- dinance for study in an effort to control the erection of signs within the City. After discussion, Cmn. Robinson moved the adoption of the recommendations of the Planning Commission on the application of Foster and Kleiser for a special use permit on Elm Avenue , Seconded by Cmn. Castorena. All ayes, motion carried, Members of the,Couneil indicated they would look unfavorably on outdoor advertising on 'Elm Avenue except where such advertising is confined to the business operating on the. property. Cmn. Robinson moved that the matter of outdoor advertisi'ng be referred to the Planning Commission for recommendation with the notation that the Commission use the services -of the City Attorney. Seconded by Cmn. Sutton. All ayes, motion carried. Cmn, Castorena reported on the informative meeting which he conducted with residents of the Mexican-American section for discussion of .the proposed zoning of that area and also to further discuss the .Morales re- quest for rezoning. He informed the Council that City Manager Nelson, Chairman Stringer and Comm, Yourell of the Planning Commission, were also present and attempted to explain quite fully to the residents of these areas*of the zoning changes which are being proposed. After con- siderable discussion, the final decision of the Roosevelt area residents was that, as first choice, they .would prefer the same: zone as proposed for Madison Street, R-3, but they would have no opposition to an R-P zone on Roosevelt but requested that the City give full consideration to the businesses in that area- that are now existing and! allow them to op- erate as long as possible. After discussion of the changes which would result in the Morales rezoning, residents of the area were reluctant to speak and had been advised that they would be given time to consider the matter and were asked to contact Cmn. Castorena later, He presented a petition which had been handed to him this date, requesting that the zone now existing on Madison, Roosevelt and Tyler Streets, remain in force with no exceptions, Nr. Wilber Ockenfels was present, representing Mr. Morales, requested that the Morales business be considered along with the existing business- es and be given a time limit as a non-conforming use under the new or- dinance, He was advised that such consideration is not possible as the Morsles business. is operating illegally in that zone and would, there- fore, not be included with the existing businesses in'the area, He then requested a stay of abatement to January 1, '1957, pointing out that Mr. Morales has several commitments and also the-problem of finding another lot and erecting a structure. After considerab3e:tdiscussion as to an equitable length of time-of stay of administrative enforcement, Cmn. Castorena moved that the Council accept the recommendations of the Plan- ning Commission and deny Mr. Korales a change of zone. Seconded by Cmn. Sutton. All ayes, motion carried. Cmn. Castorena offered an additional motion that the Council give Mr. Morales six months, to October l., 1956, to abate the illegal use and to make a move or do whatever is best for his interest; that the City withhold administrative procedure and give instructions to the City Manager and Public Works Director not to en- force the zoning regulations until such time. Seconded by Cmn. Robinson. All ayes, motion carried. Members of the Library Commission -were present and Chairman Dale Ginn, acting as spokesman for the-group, read a memorandum from the Commission, recommending that the Library contract for the County be terminated as of June 30, 1956, and that the City establish a City Library as of July 1, 1956. He outlined the financial operation of:the activity, pointing out that the County levies a library tax of 7$, which results in revenues of $10,491.54. In addition- to this amount, the City has in- cluded in the current budget, $1280.00 for miscellaneous expenditures and $1650.00 for Capital Outlay, which results in an additional 28 cost, making a total of 94 for Library operation, He called attention to the fact that the Library circulation has steadily increased from 4,391 dur- ing the first year to an anticipated 30,000 for this year, He stated that the Commission feels that, if the City will allow the same amount of money, a City Library can be established and operated without any. tax Ancrease and that a better activity would result., He informed the Council that the agreement with the County is for the' current fiscal year and would require a sixty-day notice for termination, He outlined the Commissionls plans to purchase books with payment: to be made after July 1, 1956, when the appropriation for the Library has been made in the budget. and explained that the Library has had the Promise of .. volunteer help for cataloging and various other duties in the operation of .the Library, It is the Commission's plan to purchase the furniture and book racks with the funds which are currently in the Capital Outlay Fund, if such funds can legally be used for-such purphase. City At- torney Smith advised that technically there is no restriction.on the transfer from Capital Outl-ay and that such funds could be removed by resolution. After discusszon, Cmn. Robinson moved that the Council ac- cept the recommendations of the Library Commission and that the City terminate the contract with the County of San Diego for Library ser- vices as of June 30, -1956, and the City establish its own Library as of July 1, 1956. Seconded by Cmn, Sutton. All ayes, motion carried, Cmn, Sutton moved the adoption of Resolution No. 200, instructing the City Attorney to draft a resolution to change the funds from Capital 'Outlay to current expenditures in the Library funds in the amount of $1650.00. Seconded by Cmn. Helton. Roll call vote: Robinson, aye; Sutton, aye; Ede, aye; Castorena, aye; Helton, aye. Five ayes, no noes, Resolution adopted, The possibility of establishing a Special Library Commission, which' would be empowered to levy a library tax and authorized to make other decisions relative to the Library operation, was discussed, By common consent,, the Council requested the City Manager and the Library Commis- sion to study this possibility and to obtain information from other li- braries in the County which operate under such a Commission. HARBOR COMMISSIIDN: City Clerk Ewald reported that the report which had been prepared onthe Harbor tour for the Legislative Interim Committee has been signed by Assemblyman Chapel and is now a part of the official record of the Committee which made the tour, PARK AND RECREATION COMMISSION: City Manager'Nelson reported that Chair- man Westree had planned to attend this meeting to discuss the placement of 'trees on Elm Ayenue but had been detained, He briefed the Council on the action taken at the last meeting of the Park and Recreation Commis- sion and inform'ed them that a sub-committee has been appointed to lay out a plan for Elm Avenue and it is estimated $hat the trees will cost approximately $800,00, The Commission has invited State Ranger Mira- montes and District Superintendent Kenyon to attend their regular meet- ing 2n March to discuss the State's plans for lifeguard and beach in- sta.llations for the coming season, POLICE DEPARTMElNT: City Clerk read the monthly report for the Police Department as follows: A:rrests ............. 8 Accidents , . . . . F . . 6 T:raffic Citations issued . . .68 General Cases ......... 138 FIRE DEPARTMENT: City CJerk read the monthly report of the Fire Depart- ment for the month of February, 1956: " Fires ............. 1 Resuscitator calls ....... 2 False Alarm ........... 1 Meetings ............. 4 Average attendance ....... 15 F:ire Inspections ........ 28 F:ire Prevention classes , , , 2 PUBLIC WORKS DEIPARTMENT: City Manager Nelson reported the engineering survey on the BiaSSwood sewer project has been completed with an esti- mated cost set ,at $8,185,00, which is within the limits as it was originally estalblished at $85OO,C0, There has been one other property owner who has indicated he is interested in connecting to the line and some reports have indicated that Mrs. Heisler, who owns a large portion of ,the property in the area,+will put up the balance of the funds need- ed to proceed w:ith the construction, He advised the Council that the City will con$imue to advertise for bids. City Manager Nelson informed the Council he has conferred with.represent- atives of the San Diego Gas, and Electric Company and the Telephone Com- pany and it doers not appsar to be practical to try to keep the utility poles off Elm,.Q.venue, due to prohibitive cost of underground installation and the tax burden which would be placed against the residents of the Elm Avenue area.. He requested that the Council arrive at a decision on P 4 I the matter so that the Gas and Electric Company may proceed to servi,ce Dr. Freiburges's building. After discussion, Cmn. Robinson moved that the Comcil Jnstruct the City Manager to tell the Gas andElectric Company to go ahead wigh the installation of the utility poles on E%m Avenue. The City Manager will forward letter to the Chamber of Commerce citing the reasons for this decision. Seconded by Cmn. Castorena, All ayes, motion carried. The meeting was adjourned at 9t10 P. K. for a short recess and was recon- vened at 9:30 P. M. City Manager reported on the purchase of the Mutual and Terramar Water Companies and informed the Council that twelve offers were received to perform the appraisals. The committee has agreed on tivo of the companies and the only remaining question will be of timeand money. The James Montgomery Company of Pasadena, one ,of ,the two chosen,mhas been asked to look over the records of the Mutual in order to estimate their cost for the project. It is estimated that the appraisal should run between $2,500.00 and $3,500.00 and if their price is within that range, their offer will be accep~ed. If it is in excess of that amount, another com- pany will be contacted. s3 M !E e- << L2 I I It was announced that the Garden Club wishes to observe Arbor Day by planting a tree in Holiday Park. The Park and Recreation Commission has suggested that they purchase one of the trees from the' Park for which the City will be reimbursed in the amount of $5.00, City officials are invitgd to attend the ceremonies. City Attorney Smith briefed the Council on a transaction in the 1911 Act Sanitary Bonds whereby Mr. R. G. Jauregui had erroneously paid assess- ment upon- property owned by Pete and A. M. Franco. He presented a reso- lution, prepared by the firm of Crowell and Weedon, setting forth,.the details of the traasaction and authorizing the City Treasurer to cancel this bond and re-issue a similar street improvement bond covering the Franco property,, with the assessment, in the amount of $217.00 which was paid in error, to be returned to Mr.Jauregui.. City Treasurer Pace was present and explained the proceedings which had resulted in the, discrep- ancy. After discussibn, Cmn, Sutton moved the adoption of Resolution No. 201. Seconded by Cmn. Castorena. Roll call vote: Robinsbn, aye; Sutton, aye; .Ed@, aye; Castorena, aye; Helton, aye. Five ayes, no noes, Resolution adopted. City Manager Nelson informed the Council of a request to install side- walks along Elm Avenue in front of the Freiburger building and asked what the.Cityrs policy will,, be.in regard to width of sidewalks, It was pointed out that the City should urge the people to put ia a whole block but should not prohibit, putting in a portion of a block. After discus- sion, Cmn. Sutton moved that the Council adopt a,policy of not less than eight (8) feet of sidewalk on Elm Avenue, of concrete to City specif ica- tions, and at all times consideration be given to tree planting. Seconded by.Cmn. Robinson. All ayes, notion carried. It was reported that- the residents of the Roosevelt and Madison Street areas have shown interest in the installation of curbs and sidewalks. Petitions are to be prepared to be circulated by Mr. Leonard Nevares to see if there is. sufficjent interest . City Manager informed the Council that the City might have to go to some type of improvement district to take care of it, but no action can be taken until after receipt of the petitions. It was-announced that the Mayors 2nd City Managers of the iarious cities in the County will meet on March 15th with the Board of Supervisors to discuss the uniform sales tax ordinance. It is anticipated that the Board will ask that the City allocate a portion of the sales tax to the County . City Attorney Smith informed the Council that, due to his absence from the City for several days, he had failed to submit ,his monthly bill, which would amount tc $350.00, $300.00 for professional services and $50.00 for secretarial services. Cmn. Robinson moved that the Council accept the verbal request of the City Attorney and the bill be included with the bills for passage. Seconded by Cmn. Castorena. All .ayes, mo- tion carried . Cmn. Castorena moved the payment of bills from February 21,, 1956, to March 6, 1956, in the amount of $17,550.18, which includes the $350.00. Seconded by Cmn. Sutton. All ayes, motion carried. 80 Cmn. Sutton called attention to the fact that the bills for the month appear to be excessive due. to the fact that over $-10,000.00 of the amount applies to the construction of the new sewage disposal plant, Cmn. Castorena moved the ratification of the payroll for the last half of the. month of February as certified by the department heads and ap- proved by the aluditing committee, Seconded by Cmn, Sutton, All. ayes, motion carried. 12 -4s the regular meeting will fall on Tuesday, March 20th,. which is the date of the annual shareholders' meeting for the Carlsbad Mutual Water Company, it was agreed that Mayor Ede would adjourn the regular meeting on that date tcr the following day, March 21st, at 7:oo p. M. Upon proper motdon by Crnn. Castorena, seconded by Cmn. Helton, the meeting was adjourned at 1O:lO P. M. S Respectfully submitted, /sgd/ M. 0. E!JALD n City Clerk "__"_"_"""_""""___"""" MINUTES; OF THE REGULAR MEETING OF THE CARLSBAC CITY COUNCIL March 20, 1956 Meeting called to order at 7:OO P. M. in the Council Chambers.by Yayor Raymond C. Ede. Present besides the Mayor was Acting City Clerk Nata- lie Vermilyea . e" There being less than a legal quorum of members present, the meeting . ' was adjourned to Wednesday, March 21, 1956, at 7:OO P. 11. I. Respectfully submitted, /sgd/ !rl. 0. EWALD S City Clerk _-_"I_""_5""o"""""""-c"_- MINUTES OF THE ADJOURNED NESTING OF THE CARLSBAD CITY COUNCIL . March 21, 1956 The meeting was called to order at 7:05 P. M. by Mayor Raymond. C. Ede. Present besides the Mayor were Councilmen Castorena, Robinson and Hel- ton, City Manages Nelson and City Attorney Smith. Cmn. Sutton was present after 7:35 P. M, After discussion, Cmn, Nelton moved approval of the minutes of the regu- lar meeting of 'March 6, 1956. Seconded by Cmnr Robinson. All ayes, mo- tion carried, CORRESPONDENCE: Correspondence was read by the City Clerk as follows: (1) Letter dated March 9, 1956, from the James M. Montgomery Company, expanding on th'e original proposal submitted by the Company for the ap- praisal of the Mutual and Torramar Water Companies. City Manager Nelson informed the Council that copies of the letter have been forwarded to Mr. Cannon and Mr. Wood and they have approved the terms as set forth. He pointed out the Company has been advised of the facts that should be considered in tlhe appraisal of the two companies and will attempt to ar- rive at a figure which is both an honest one from an engineering stand- point and will still meet the City's needs, After discussion, Cmn, Castorena moved that the contract be ratified with the James Montgomery Company, in the amount of $3500.00, with approximately sixty (60) days to complete. Seconded by Cmn. Helton. Three ayes, Cmn. Robinson ab- staining, absent,, Cmn. Sutton, Motion carried. (2) Letter from Chamber of Commerce, dated February 29, 1956, asking what conclusions have been reached on the proposed lighting district for Elm Avenue, City: Manager Nelson informed the .Council that the matter has been under study and he has requested the San Diego Gas-and Electric Company to make a study and they are in the process of doing SO. At the request of Mr. Kentner, Chairman of the Chamber Committee, the City Mana- ger is serving 4311 that Committee "but to date sufficient information has not been obtained to enable the Committee to make recommendations or