HomeMy WebLinkAbout1956-04-03; City Council; Minutes84
the Citys
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RespectfuLly submitted,
/sgd/ 14. 0, Eh'ALD, City Clerk
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MIKUTES CF TIIF, _REGULAR MEETIWG OF THE CARLSI3.P.D CITY COTJMCIL
April 3, 1956
The meeting was called to order at 7:08 P. KO by Mayor Ray~~nd C. Ed@,
Present besides the Mayor were Councilmen Helton, Castorena, Robinson,
and Sutton, Cit.y Manager Xelson, City Attorney Stnilth, and Csmmission-
cr as repkesentative from the Planning Commission.
Correspondence was read by the City Clerk as follows:
(1) Letter from Assemblyman Charles Chappel, confirming sppointment of
City Clerk Ewald to @he Citizens' Advisory Committee on Xarine Affairs,
:$embers ofthe Council extended their congrat,ulations 011 his appointment.
(2) Letter FPQX County Board of Supervisors, daked ?fare11 26, 1956, signed by WGr-aff Austh, regarding the City*s request for financial participation in, the engineering survey OP the Agua HedF'onda Lagoon and.
asking what portion of the cost it is felt the COUII~Y should pay. City
made as (1) XQO% participation as xas done in the San Diego Bay area,
or. (2) it ccau2d. be estimated on the basis of the four. cities involved in
the San Diego Day project which v;oul.d, result in reimbursement to the
City of approximately one-fourth of the estimated cost of $5500,0d,
Members of the Council were generally agreed that a request for* 190%
participakisn 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 Xanager was instructed to forward a letter
informing the County Board of Supervisors that the plan will be incor-
porated into the County- Yaster ?lan and studies to that effect are in .
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 baf the Council that Supervisor Dean HowelI, as representative' from'
this area, should be advised sf the situation and take an active part
on behalf of the City, After discussion, Cmn. Robinson mcverl that the
City Manager be directed'to write an appropriate letter to Dean lloweil
coverihg the matter and informing Rim of the situation. Seconded by
Cmn, Sutton. All ayes, motion carriedc
(3) Letter from the city Manager, city of Ccearlside, dated ?.larch 6, 29.56, 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 Ci&y limits,
(4) City Clerk Ewald briefed the CoumciJ on an oral request which he
had received for the erection of two billboards, Q~C? just north of Elm
Avenue, and one approximately at Grand Avenue, on the Freeway, to adver-
tise and direct tourist traffic to the Carlsbad Hotel. e Clerk read let-
ter From Vr. Sidney W, Dazis, confirming this request and informed the
Council that a reply has been fo~wasded, enclosing applicat.ior1 for sign
permits and advising that the matter be' refera-ed to the F1annin.g Comnis- sion fa- their consideration.
. Kanager Nelson outlined the possrib1.e recommendations which could be
(5) Copy of letter from ~ceanside-Carlsbad Union Wgh SehooI District,
dated April 2, 1956, addressed to the Fire Department, confirming action authorizing the use OF certain high school. site buildings for demonstra= tion of fire fighting techniques.
The minutes of khhe adjourne?. meeting of Biarch 21, 1956, were discussed
and corrections nodcd. Cmm, Robinson moved approval of the minutes of
March 21, 1956, as corrected, Seconded by Cmn. Castorena. All ayes,
motion cam-ied. Cnm. Robinson moved. the minutes of the regular: meeting
of March 20, 1956, be approved as presented, Seconded by Cmn, He,lton.
A19 ayes,. motion carried,
Xr. Edward L, McCormack, real estate salesman for James 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
C;o maintain chickens on property located at 1340 Oak Avenue, Me in-
formed the Council that the property consists of approximately one acre
and chickens are preSf?Iltly inaintained '$y property OvlneTS in t;he
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surrounding area, City Manager Nelson pointed out that the area is - presently zoned R-l and would only allow 25 chickens per lot. After dia-
cussion, Cmn. Robinson moved that the matter be referred &o-the Planning Commission, City Attorney Smith advised that such authorization would require a conditional use permit and ;there is no provision in Sec, 16 under which' such a permit could be issued and such authorization would have to be granted by ordinance amendment instead of the usual procedure. Cmn, Robinson amended his motion to read - nThe matter be referred to
the Planning Commission with a request for recommendati'on for any ordin-
ance change," Seconded by Cmn. Castorena, Alf ayes, motion carried,
City Attorney Smith distributed copies of the proposed subdivision ordin- ance which had been re-typed after consideration and revision by the Planning Commission at their meeting of March 27, 1956. Comm. Swirsky, representing the Planning Commission, informed the Council that a commit-
tee of members' from the building trade and the Rkalty Board, chairmanned
by Claud Fennel, had met and submitted recommendations on the proposed
ordinance to the Planning Commission. Comm. Swirsky then reviewed these
recommendations and they were discussed by the Council as follows:
Set<. 304, setting forth fees forc filing tentative and final subdivision
maps, was discussed at length. The excessive increase over the present
rates was questioned and Comm. Swirsky explained that these fees were
ra based on average figures from other cities, as compiled by City Planning
4 Consultant, Mr. Kay Kalicka. In connection with the filing of the tenta- Lc' tive map, Sec. 416 (d) was reviewed. Coma. Swirsky advised that the de-
<=y posit for improvement inspections was originally shown as 3%; the com-
e$ mittee had recommended l$, and after discussion, it had been comprpmised CJ as 2% of the estimated cost of .said improvemen$s, ' He poirited out that
. refunded to the subdivider. In the discussion of these fees, it was
any portion of ,thi-s deposit not required for such inspections, could be
noted that a portion of this section had been erroneously omitted in the process of typing, Addition to section should read: WThe City Clerk shall refund to the subdivider any amount remaining in said deposit."
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Sec. 300 (b) referring to procedure for filing of ,a tentative map, and
providing that the subdivider, prior to the filing of such, ..shall by a
form of notice .approved by the City of Carlsbad, notify all abutting
property owners as shown on the latest available assessment roll. The
Committee had recommended that this paragraph be deleted, Comm, Swirsky
explained that the basis reason for this requirement is from a planning standpoint, Members of the Council 'felt that the responsibility .for this notice should be placed upon the City .rather than the subdivider for
the reason that the City, acting as a coordinating agency, would be in
a position to take some constructive action.
Sec, 417 (6) The Committee had questioned the portion of this section
which reads "Curbs, gutters and cross gutters on all streets and side-
walks along major and secondary streets, and other streets where deemed essential by the City due to special conditions such as schools, topo- graphy, existbnce of sidewalks in adjoining areasfl,
Sec. 427 (j) - Committ.ee recommended. that this, section be changed to re- quire a reasonable deposit for- tree planting, Section was changed to read as follows: "A reasonable deposit wi,th the City for future tree
p1anting.W During the discussion, Cmn, Sutton offered the suggestion
that perhaps the City, as a general policy, could require at the time a
building permit isc..issued for .a single unit, that a tree be planted on
that property. City Attprney Smith informed the Council that such a
recommendation had been made by the Park and Recreation Cornmission, to
the Planning Commission, several months ago and it had been referred to
him for a legal opinion but to date no further action has been taken *on
the matter.
Sec. 417 (k) - Requirement of street lighting. Committee recommended
this section to be deleted. Section-was deleted.
Sec, 500 - Split Lot Section - Committee recommended revision of -Set.
(c) for the reason that the question arose as to whether the person would
be obligated to hire a licensed engineer to prepare him a map. The
second paragraph was changed to read as follows: "An original and three
prints of an acceptable- map showing the proposed split shall be prepared
by a registered Civil- Engineer, licensed Surveyor, or Title Company, and such map shall be filed with the City Engineert<, Committee had recon-
rilended deletion of paragraphs (bh and (c) but after change was made in Sec, (a) the Committee withdrew its ob3ections to Sec. (b) and Sec-, (c)
has been completely rewritten.
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Set, 500 (e) pr,aviolrsly had appeared in the same wording but was di-
vided ipto two paragraphs.
set. 417 (a) - Additional clause was inserted that street name signs
must be installed by the subdivider.
Cmn. Sutton questioned requiring the subdivider to install a 6" hydrant
whereas property owners in a residential area are only required to in- stall 4'' hydrants, It was his feeling that it. should be brought UP to
a more equitable standard,
ljfter discussion of the foregoing additions and deletions to the ProPos- ed OrdiGance, mtembers of the Council indicated their aPpPOVa1 Of Same
with the exception of the filing fee requirements for tentative and
final subdivision -maps and the 2% deposit required for inspections of subdivision improvements. It was the feeling of the Council that these
provisions would require further study and justification of the required
fees. Crnn, Robinson moved that the City Manager present other figures which may be available in the City records which would substantiate the
figures which Nr. Kalicka has presented and that Mr. Kalicka be request-
ed to appear before the Council at the next meeting to justify the fig- ures which are included in the ordinance. Seconded by Cmn. Castorena.,,
All ayes, motion carried.
City Attorney advised that the ordinance could be given first reading
and any changes which the Council desires could be made prior to the
final reading. Cmn. Castorena- moved that, with the reading of title and
number, this constitute first reading of Ordinance No. 9050. Seconded
by Cmn. Helton. All ayes, motion carried,
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The meeting was adjourned for a short recess at 9:25 P. M. and was re- convened at 9: 5:2 F. If.
LIBRARY COMMISSION: City Attorney Smith reported on the negotiations
for bermination of the Library contract with the County and informed the
Council there is some question of whether the County can cancel the im-
pending 7$ Library tax. It was his opinion that, in the event that the tax levy must be made by the County, in lieu of services the City could
obtain the funds for operation of a City-operated library, City Xanager
Nelson informed the Council that he had talked with Chief Administrative
Officer HegglancP who felt that some arrangement could be made so that the City may operate itw own library.
POLICE DEPARTMENT: - MonthXy report of the Police Department was read, as
follows:
Arrests .......... 14
Accidents ......... 8
General cases ...... .140
FIRE DEPARTMENT:: City Clerk read monthly report for rnonth.of March, 1956, as follows:
Fires ............. '9 Structural ... 5 Grass ...... 2
Auto ....... 2
Resuscitator calls ...... 3 Standby or control burnings b . 6
Smoke checks ......... 2
Cmn, Castorena finformed the Council that a State Fire Chiefs' Meeting is scheduled for April 26-27-28 at Merced, California, and the* Fire Chief
and another person wish to attend. Cmn. Helton moved that the request
for traveling expenses from the Fire Department, in the amount of $75;00, for this trip be! approve'd. Seconded by Cmn. Sutton. All ayes, motion
carried .
PUBLIC WORKS DEPARTMENT: City Manager Nelson informed the Council that
as a result; of the Vista Way interchange, there must be a new agreement
with the State Highway Department for maintenance. Copies of the proposed
agreement were presented for Council approval. Cmn. Sutton moved the
adoption of Resolution No. 203, changing the agreement between the State
of California and the City of Carlsbad, as to maintenance of the State Highways, and the authorization of proper signatures thereto. Seconded
by Cmn. Castorena. ' All ayes. Sutton, aye; Robinson, aye; Ede, aye; Cas-
torena, aye; Helton, aye. Five ayes, no noes, Resolution adopted.
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City Manager h'elson reported a request has been received from Kenneth
Ebright Fdr extension of the sewer line from Palm to Kagnolia, a total
of 525 f.eet, which he is willing to finance, and has asked that the City
enter into a contract with him in accordance with Ordinance 7020. Plans
and specifications are in th-e process of being prepared as the cost of
the installation will not exceed the $2,000.00 restricEion and, there-
fore, will not require advertising for bids. Bids will be asked for Erom
local contractors. Cmn, Sutton moved bhe authorization of the proper sig-
natdres for %his agreement wikh K. Ebright and G. Losa. Seconded by Cmn,
Helton. Four ayes; Ede, Castorena, Sutton and Helton, Cmn. Robinson ab-
staining. Motion carried,
City Manager Nelson outlined the present insurance program for the City, Xembers df the Council agreed that, with the anticipated lease of the lagoon, these limits should be raised, The City Manager was instructed
to investigate the possibility of increasing the limits and make a report
at the next meeting.
City Attorney Smith reported he had contacted the Mitchie Company regard-
ing codification of the City ordinances as discussed at the previous meet-
ing, and the following prices were quoted: $2500.00 for 35 mimeographed
copies; $3500,00 for 100 copies of printed material, with a cost of $7.00
per printed page or $4.00 per mimeographed page, for any additional ma- terial. The Company agreed to defer the payment for same until July 15th.
Cmn. Sutton moved that the City Attorney be authorized to prepare a con- tract for this service, to include 100 printed copies, and that the proper
signatures be authorized, Seconded by Cmn. Castorena. All ayes, motion
carried,
Tt was reported by the City Attorney that on March 20, 1956, the Public
Utili'ty District held a meeting, .at which time action was taken to exclude the North Carlsbad territory. As a result of that meeting, the City Coun- cil has fallen heir to the duties of the Board of Di.rectors of that Dis- trict. - He presented a petition requesting the County Board of Supervisors to disincorporate said Public Utility District as a governmental entity
and to transfer all records and property to the City of Carlsbad, Cmn.
Sutton moved that the Council authorize the execution 'of said petition.
Seconded by Cmn. Helton. All ayes, motion carried. .
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City Clerk read a memorandum from the Public Works Director asking what
the City's policy should be in regard to replacing the structures spanning
open culverts throughout the City. After discussion, it was decided that
notice should be served that the City can no longer assume any liability for replacement of these structures until such time as replacements are
put in to City specifications.
4 memorandum from the Public Works Director was read approving the paving which has been installed on Davis Place and Davis Street in the Knowles Park Subdivisiorf.
City Attorney Snfitk reported that negotiations have been resumed with property owners Ofor the proposed widening of Grand Avenue. @All of the property owners 'have deeded the necessary 15 feet from the South side of
the present street and have set their fences Sack. There appears to be a
problem in obtaining the signature of the beneficiary of a trust deed on
the Stookey property and if same cannot "be obtained, condemnation will be
considered. City Manager Nelson was instructed to contact the party to
get the legal authorization for this property so the proceedings may be
completed and the project started.
The City Manager reported that the engineering is completed on the Bass- wood sewer line, 250 feet of which have been cut off, thus decreasing the Eost:..o~~ithe::;l:ln~ f approximately $1000.00, A new print will be forwarded
from Nr, Phelps office to arrive in time for discussion at the next meet-
ing ,
City Mqnager Nelson reported he had talked with Nr. Carne of the Security
Bank and he is reluctant to advance funds for sewer line extensions as
same are installed on City property and are not considered as part of the
individual 1.s property .
With the approaching election, the City Manager asked what policy should
be set regarding the Councilman badges, After discussion, it was decided
that the badges should be turned in and the City Manager was instructed
to look into the possibility of Obtaining either a parchment or plaque which could be given to retiring members of the Council as a memento-: of their service to the City.
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It was reported that there has been a request to change the name of Olive
Avenue as there ~LS also an Olive Drive within the City and the similarity
of the two names results in cqnfusion of the two streets. City Attorney
Smith adyised that any change of street names would require formal pro-
ceedings and hearings *
Cmn. Castorena moved that the ?'bills for the period March 21st to April 3rd, 1956, in the amount of $6,138.53, as.certified by the City Clerk and
approved by the auditing condttee, be paid. Secocdcd b'y Cmn. Helton. All ayes, motion caqried.
Cmn. Castorena moved that the payroll for the last half of March,' as cer-
ti-fied by the department heads and approved by the auditing committee,
be ratified. Seconded by Cmn. Sutton. All ayes, motion carried.
There being no further business to come before the Council, Cmn. Helton moved for adjournment and it was seconded by Cmn. Castorena. Meeting adjourned at l1::LO P. 14.
Respectfully submitted,
sa /sgd/ M. 0. EWALD, City Clerk -_"""_""""""""""""-"~
MINUTES OF THE REGULAR MEETING OFTllE CI\RLSEIAD CITY couxclL
e April 17, 19.56
The meeting was called. to order at 7:OO F. M. by Mayor Raymond C. 'Ede, Present besides {the ,Mayor were Councilmen Robinson, Castorena, Helton,
and Sutton (7:09 P. M.), City Manager Nelson and City Attorney Smith.
After discussion, Cmn. Castorena moved approGa1 .of the minutes of the
meeting of April 3, 1956, as corrected. Seconded by Cmn. Robinson. All
ayes, motion carried.
First order of business was the canvassing of returns of the municipal election of April 10, 1956. Cmn. Robinson and City Manager Nelson, acting as Clerks, and Cmn. Sutton, as Inspector, checked che official
count of each precinct against the tally lists. Cm. Castorena served
as Judge.
At 7: 25 F. ?i. Mayor $de announced the opening of bids for the Basswood sewer extension. City Clerk Ewalc! opened. the sealed bids which were an- nounced as follows:
Shafer b Stowerg Castillo & Thibado Const. Co,, Vista
Item #I $4.70 #2 4.90 .#3 5.90 #4 260.0C each #S 340.04 each #6 14.CO cub. yd.
Item #1
iY2 #3 #4 8.5 X6
$ 4*5c 4.60
5.11
235,OC each
300 . 0 0 each
10.00 cub. yd.
Total Bid : $10,255.10 Total Bid: $9,407.30
Bids were turned over to the City Attorney for tabulation and approval of
form.
City Clerk Ewald opened the absentee ballots an3 announced the contents
of each, which were recorded by the Clerks, Fifteen absentee ballots were returned, mating a total of 1312 votes case, with final results as set out in attached Resolution No.* 204. Cmn. Castorena read proposed
Resolution No. 204, declaring results of the municipal election of April '
10, 1-956, declaring to election of office of City Councilmen Claud R. '
Eelton, David E. Baird and Charles B. Ledgerwood, the total vote cast as
1312, cask as 13112, cast at the following precincts (see attached Resolu-
tion); that there were two propositions named and such measures received
the following votte (see attached Resolution). Seconded by Cmn. Sutton. Roll call. vote: Sutton, aye; Robinson, aye; Ede, ay'e; Castorena, aye;
Helton, aye; five ayes, no nays, Resolution adopted. All elected candi-
dates were present. City .Clerk Ewald presented each elected candidate
with a Certificate of Election, afier which the Oath of Allegiance was
administered by 1the City Clerk.
City Clerk Ewald took the Mayor"s chair and ann'ounced that nominations
were open for the position of Mayor of the City 'of Carlsbad. Cmn. Baird
opened the nominations and placed the name of Manuel Castorena for Mayor.