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HomeMy WebLinkAbout1956-03-21; City Council; Minutes8 \j 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. Can, Castorana 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 audit.i.ng comxittee, Seconded by Can, Suttone All- ayes, motion carried, As the regular meeting will fall on Tuesday, K~rch 20&h,- which is the. date of the annual shareholders' meeting for the Carlsbad Mutual ?Jatcr Company, it was agreed that Playor Ede would adjourn -the regular meeting on that date to the Following day, March 21st, at 7:OQ P. M. 'Jpon proper motiop: by Cmn. Castorena, seconded by Cmn. Hexton, the meeking was adjourned at 1Q:lO P. Ef. s Respectfully submitte& /sgd // x. c! . EWALD 1 Citgr Clerk ___O__O-__"__""""L""I;"""" MXNUTES OF THE REGULAR MEETING OF THE CARLSBAC CITY COUXCIL March 20, 1956 Meeting called to order at 7:OO P, Me in the Council Chambers by ?.fayor Raymond C, Ede, Present besides the Mayor was AcLing City Clerk Nata- 1,ie Vermilyea. There being less than a legal quorum of members present, the meeting . was adjourned to It*ednesday, March 21, 1956, at 9:QO P. If* Respectfully submitted, /sgd/ 14. 0 . Z'WALD s City Clerk ~"","-.DY~5"~"P"""""U""""- T MINUTES OF THE ADJOURNED mwrx OF THE CARLSDAD CITY COUNCIL .* March 21, 1956 The meeting was called to order at 7:05 P, Ma, by Mayor Raymond. 6, Ede. Present besides the Mayor were Councilmen Castorena, Robinson and Hel- ton, City Manager Nelson and City Attorney Smith. Cm. 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 Cmni Robinsonb All ayes, mo- tion carried. CORRESPONDENCE: Correspondence was read by the City Clerk as follows: (I) Letter dated March 9, 1956, from the James M. Montgomery Company, expanding on the original proposal submitted by the Company for the ap- praisal of the Mutual and Terramar I:Taker Companies. City Hanager 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 the appraisal of the two companies and wi.13- 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) dags to complete, Seconded by Cmn. Helton. Three ayes, Cmn, Robinson ab- staining, absent, Cmn. Sutton. Motion carried. (2) Latter from Chamber of Commerce, dated February 29, 1956, asking what conclusions have been reached on the propas4 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 MP. Kentner, Chairman of the Chamber Committee, the City Mana- ger is serving on that Committee .but to date sufficient information has not been obtained to enable the Committee to make recommendations or reports. He pointed out that there is a possibility that lights for the entire City could be financed in the current budget. (3) City Cle,rk presented a letter from Senator Kraft which had been re- ceived in reply to a letter which was written by him as a Director of the California Marine Parks and Harbors Aqsociation asking what action has been taken on two resolutions which the Association had submitted. (4) For the Council's information, City Clerk reviewed a letter which he had written to T. H, Heggland, County Board of Supervisors, relative to the City's request for financial participation in the harbor engineering survey . PLANNING COMMISSION: Chairman Stringern was present as Lia.ison Officer fo 1 the Planning Commission, , Copies of. the proposed subaivision ordinance were distributed to members of the Council, at which time Cit-y Attorney Smith explained this, is a corrected draft which had been completed by him and the City Planning Consultant, He pointed out the changes which were made were of a technical nature and did not change the requirements of the ordinance, Mr. Dewey McClellan was present and informed the Council he and members of the Realty Board, along with representatives from the build- ing trade, would like an opportunity to discuss several provisions of this ordinance with' the Planning Commission prior to the council.'^ adoption of same. It was his opinion the improvement requirenents are not spelled I &3 out with' sufficient detail and he stressed the fact that the requirements T=+ should be adequate but the fact should be kept in mind that the subdivider LC must develop units within the market limit that the buyer can pay, as the Q requirements might a very critical item to the development, He also callec 4 attention to the section which sets forth requirements for split lot sub- LJ divisions, pointing out that such requirements would hamper the freedom of the individual to do what he wants to do Gith his property and asked is it necessary to go to .such an extent to govern subdivisions. By common con- sent, the Coupcil held the subdivision ordinance over for further study to be considered at the next regular meeting, City Attorney Smith called at- tention to the fact that the ordinance is not detailed in regard to grad- ing and paving, The City will adopt specifications for these improvements which will be included with the subdivision, ordinance. City Clerk presented Record of Easements for sewer line for Harbor Es- tates Subdivision, covering property of Bank of America, Benjamin and Ada Long, Charles and Vera Boles, The documents were turned over to the City 1 Attorney for his approval, after examination of which he. advised the Coun- cil they have been duly executed and in good form. He offered the opinion the City should require a Policy of Title Insurance before accepting these easements in order to be fully protected. After discussion, Cmn. Robinson moved the adoption of Resolution No. 202, accepting these easements, and the City Manager be instructed not. to. record them until such time as Cer= tificates of Title have been received. Seconded by,Cmn. Castorena, Roll call vote: Sutton, aye; Robinson, aye; Ede, aye; Castorena, aye; Helton, aye. Five ayes, no noes, Resolution adopted, HARBOR COMMISSION: City Clerk Ewald reported he and the City Manager will. meet Monday with Dr. Miller to discuss the format of the harbor plan to see that it conforms so it can be incorporated into the County Master Plan. The Council discussed the possibility of City liability in case of acci- dent in the Lagoon and it was pointed out there is no control in the La- goon area at the present .time. City Attorney Smith advised there is no liability on the part of the City at the present time as it is private property but once the Lagoon is leased, the City will assume the liability, Cmn. Sutton offered the suggestion that the City's present liability policy be raised to one-half million and one million, City Manager Nelson advised the Council that, after the Park and Recreation Commission had authorized their memorandum on the lease negotiations, he had contacted Mr. Noble at the San Diego Gas and Electric Company, who had stated they had gained the impression the City is qot as interested in the lease. After this impres- sion had been corrected, Mr. Noble had stated he would .get busy on it and have something within a month. PARK AND RECREATION COMMISSION: cit-y Clerk read the memorandum dated March 15, 1956, from the Park and Recreation Commission, urging the nego- tiations for the lease of the Lagoon be pressed for agreenient prior to the vacation season. City Clerk read a memorandum from the Park and Recreation Commission, dated March 21st, recommending approval of the request of Mr. Edward Kentner for removal of- the eucalyptus tree located on the corner of Elm Avenue and Carlsbad Blvd., for the reason that the contemplated widening of Elm Avenue I I 8 will result in the removal of these trees. City Manager Nelson Cnformed. the Council Mr. Kentner wishes to move the ornamental chickens which are presently on City property, back on his property, and would also like to get an unobstructed view from Carlsbad Blvd.and the Freeway. Along these lines, the City Manager asked if it was the wish of the Council to com- plete the project to Carlsbad Blvd. It was his recommendation the Gas Tax Funds should be utilized 100% for construction in place of the present budget allocation of 60% for construction and 40% for mainten- ance. The possibility of extending Elm Avenue through to Ocean Street and the beach area was discussed but it was the feelimg -of the Council that .the bulk of the traffic would terminate at Carlsbad Blvd. and also that traffic channeled through the beach area would increase the problem of off-street parking in the area. After discussion, Cmn. Sutton moved Twin Inns, Inc., (Edward Kentner) be given permission to remove the tree at his expense. Seconded by Cmn. Robinson. * All ayes, motion car- ried. Cmn. Helton moved the Council authorize completion of Elm Avenue as a major street with construction to Carlsbad Blvd, ; authorization of the use of 100% of the Gas Tax Funds for. construction; authorization of the proper signatures on the proposed improvements and the preparation of the Gas Tax Funds budget. Seconded by Cmn. Castorena. ' All, ayes, - motion carried. City Clerk read a memorandum from the Park and Recreation Commission, dated March 21, 1956, setting forth the tree plan for Elm Avenue. City Manager Relson informed the Council the Commission is having difficulty locating a source of supply for this quantity of Cocos Plumosa but is attempting to secure the trees so planting may be taken care of in the near future, By common consent the Council approved the tree plan as submitted, with the comment by Cmn. Sutton that these trees should. be planted at the earliest possible date. City Manager Nelson reported Hummel's Exotic Gardens ha.s offered to do- nate trees to replace those which were removed from the Park and also others for planting in the Parkb Mayor Ede informed the Council that Nelson Westree, Chairman of Park and Recreation Commission, wishes to be rel-ieved of 'his duties on the Commission and asked that- the Council give thought to a replacement. City Manager Nelson pointed out that the possibility of including a full-time Park Custodian has been discussed and-, should it be included in the current budget, he would recommend Mr. Westree for such a position. It was reported the Park Commission has received an offer from the Airline Lumber Company of lumber for the sign at the Par:k. The City Manager briefed the Council on the regular meeting of the ICommission which was held on March lsth, at which time State Ranger Miramontes and District Superintendent Kenyon were present and outlined the State's plan for the beaches in this area. The meeting was adjourned at 9:03 P. M. for a short recess and was re- convened at 9:35 P. M, LIBRARY C0"ISS:E: City Manager informed the Council that he and the. City Attorney head met with members of the Library Commission to discuss the formation of an autonomous commission, at which time the laws governing such a body were explained by the City Attorney. After con- ~ side~able.,discussion, members of the Commission felt they would. prefer to work within ,the framework of the City organization as the provisions for such a commission were a little more strict than they had ,anticipat- ed and they do :not wish to pursue it any further. The new Library was also discussed at this meeting. PCLICE DEPARTMENT: Cmn. Castorena reported on the tour which he and 1 City Manager Ne:Gon, along with Chief, of Police Palkowski, had made of the new Police facilities at Coronado. FIRE DEPARTMENT: Cmn. Castorena reported on the structural fire which occurred, this dinte with damage estimated at $1200.00 and injuries to two of the Firemen, He called the Council's attention to the fact that that the Forestry Department had assisted and he offered the suggestion that a letter o:F appreciation be forwarded to the Forestry for their efforts in this and in past instances. PUBLIC WORKS DEPARTMENT: The City Manager informed the Council that a request has beeln received from Byron Johnson, 3358 Monroe Street, that the City replace a bridge spanning an open culvert to the entrance to his property. :In the discussion which followed, it was brought out that the owner originally installs such structures and, in the past, as a general policy it was up to the property owner to maintain them. Although there were instances cited where the County helped out by providing used le I planks, etc., it was established that it was not the general policy of the County to maintain such installations. City Attorney Smith advised that the question, from a legal standpoint, is whether the drainage channel is a natural or unnatural one, Xn the case it is an unnatural channel, there may be some financial responsibility in the case and also, it would depend on whether there is any agreement or covenant in priorforce by the County. He pointed out that the City cannot cut a property owner off without ac- cess without accepting the responsibility; if it is an artificial channel, we must bridge it. City Manager Nelson was instructed to work with the Public Works Director on this particular problem and, in the meantime, the City Attorney will obtain information on the County's past action and es- tablish the liability, It was pointed out thqt, if the City should be de- clared liable for the maintenance of these bridges over culverts through- out the City, specifications should be adopted for the construction of same in order to keep maintenance at a minimum, It was reported by the City Manager that the areas on Tamarack Avenue, Pin Avenue and Elmwood Street have shown interest in sewer extension although the holdback seems to be the ,requirement of available funds before the ' start of construction. Crnn, Sutton offered the suggestion that the local Bank be contacted regarding the possibility of establishing a procedure whereby property owners could obtain funds for their portion of the sewer line costs with payment to be on perhaps a three-year basis, upon establis: ment of proper credit rating, City Manager Nelson was instructed to dis- '0 cuss this possibility with the Manager of the local Bank. k:3 e City Attorney Smith presented Ordinance ?To. 1005-E, amending Ordinance No. *e 1005, deleting the requirement that an ordinance be given a full reading o LJ its date of passage. Cmn, Robinson moved the adoption of Ordinance No. 1005-E. Seconded by Cmn, Castorena. Roll call vote: Suttan, aye;: Robin- son, aye;.Ede, aye; Castorena, aye; Helton, aye; five ayes, no noes, Ord- inance adopted. CityeManager Nelson advised the Council of a visit from the State Auditor on Chapter 47 Funds. ' The nianner of payment for the engineering services provided by Mr. Byrl Phelps resulted in a discrepancy in the amount paid Mr. Phelps. After a check of the remittances made to him, it was ascertai ed that the amount of payment of reimbursement on the part of the State should be $2312.00 rather than $2940.00. Mr, Phelps has been advised of this adjustment . T-4 I The City Attorney asked that the Council give consideration to the codi;fi- cation of the City ordinances., He presented a sample of the finished vol- ume and informed the Council he had contacted Kchie City Publications, Los Angeles, and was advised that approximately 35 copies mayobe obtained at a cost of $ZSOO,OO, with approximately 6 to 9 months for completion. 'Such payment could be nade $800.00 at time the contract is signed, $800.00 at time manuscripts are 'submitted for inspection, and $900.00 at the'. time volumes are delivered. Members of the Council indicated their approval of this plan and the City Attorney was instructed to approach the 'firm on de- ferring the first payment until July 1st and to inquire as to the cost of continuing the service and obtaining additional printed copies. City Attorney asked if the Council wishes him to attend the City Attor- neys' Conference toa.bc held in Santa Barbara, April 19th and 20th. By common consent the Council authorized attendance at.. this conference. I. Cnm. Castorena moved the bills for the period March 6th to March 21st, in the amount of $7,932.03, be paid as certified by the City Clerk and ap- proved by the auditing committee, Seconded by Cmn. Sutton. All ayes, motion carried. Cmn. Castorena moved the ratification of the payroll for the first'half of Narch, 1956, as certified by the City Clerk and approved by the auditing Committee. Seconded by Cmn, Sutton. All ayes, motion carried. Cmn. Sutton moved ratification of the State Employees' Retirement System payments for the months of- January and February, 1956. Seconded by Cmn. Castorena, All ayes, motion carried. There. being no further business to come before the Council, Crnn... Castorena moved for adjournment. Seconded by Cmn. Robinson. The meeting was ad- journed at 10:56 P. M, Cmn. Sutton called the Councij's attention to the fact that there is an influx of lowc grade lumber into the County and urged that the Building Inspector be on the alert for such material in the construction program in 4 the City, Respectfully submitted, S /sgd/ M. 0. EWALD, City Clerk """"""""""""""""---" MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL April 3, 1956 The meeting was called to order 8t 7:08 F. M. by Mayor Raynond 6, Ede, Present besides the Mayor were Councilmen Helton, Castorena, Robinson, and Sutton, City Manager Nelson, City Attorney Smith, and Commission- er as representative from the Planning Commission. Correspondence was read by the City Clerk as follows: (IL) Letter from Assemblyman Charles Chappel, confirming appointment of City Clerk Ewalcl to.the Citizens' Advisory Committee on Narine Affairs, Members ofthe Council extended their congratulations on his appointment. (2) Letter from County Board of Supervisors, dated March 26, 1956, signed by DeGrafrf Austan, regarding the City's request for financial participation in, the engineering survey of the Agua Hedi'onda Lagoon and. asking what port,ion of the cost it is felt the County should pay, City made as (1) loo?$ participation as was done in the San Diego Bay area, or, (2) it could be estimated on the basis of the four. cities involved in the San Diego Bay project which- would, result irn reimbursement to the City of approximately one-fourth of the estimated cost of $5500.00, Members of the Council were generally agreed that a reques$ for 100% participation would be justified due to the precedent which has been set by the Board,in the financing of the engineering survey in that area. i3y common consent the City Manager was instructed to forward a letter informing the County Board of Supervisors that the plan will be incor- . porated into the County Master Plan and studies to that effect are in I progress and that the City would appreciate their participation in the same extent as has been done, with, the other project. It was the feel- ing bf .the Counc:il that Supervisor Dean Howell, as representative' from' this area, should be advised of the situation and take an active part on behalf of the! City. After -discussion, Cmn. Robinson moved that the City Manager be directed'to write an appropriate letter to Dean Howell coverihg the matter and informing him of the situation. Seconded by Cmn. Sutton. All1 ayes, motion carried, (3) Letter from the City Manager, City of Cceanside, dated Xarch 6, 1956, extending appreciation for the ambulance service which was provid- ed by the employees of the City of Carlsbad for emergency which occurred in the Cceanside City limits. (4) City Clerk Ewald briefed the Counci). on an oral request which he had received for the erection of two billboards, one just north of El@ Avenue, and one approximately at Grand Avenue, on the Freeway, to adver- tise and direct tourist traffic to the Carlsbad Hotel . Clerk read let- ter from Mr. Sidney W. Dazis, confirming this request and informed the Council that a reply has been forwarded, enclosing application for sign permits and advising that the matter be referred to the Planning Comis- sion for their consideration. (5)' Copy of letter from Oceanside-Carlsbad Union High School District, dated April 2, ll.956, addressed to the Fire Department, confirming action authorizing the use of certain high school site buildings for demonstraz tion of fire fighting techniques. The minutes of the adjourned meeting of March' 21, 1956, were discussed and corrections noted, Cmn. Robinson moved approval of the minutes of March 21, 1956, as corrected. Seconded by Cmn. Castorena. All ayes, motion carried. Cmn. Robinson moved, the minutes of the regular,meeting of March 20, 1956, be approved as presented. Seconded by Cmn. Helton. All ayes,. motion carried, Mr. Edward Z. McCormack, real estate salesman for Jimes E. Cairns and Association, appeared before the Council to present petition signed by neighboring residents urging that a permit be issued to allow his client' to maintain chic:kens on property located at 1340 Oak Avenue. He in- formed the Council that the property consists of approximately one acre and chickens arf! Presently maintained by property owners in the -Manager Nelson outlined the possible recommendations which could be ..