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HomeMy WebLinkAbout1956-04-03; City Council; Minutes84 the Citys 3 RespectfuLly submitted, /sgd/ 14. 0, Eh'ALD, City Clerk """""~""""""~""""~"" 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 ]BE I 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." I 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. I 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, .. 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. I ,;y) &9 cjj < u "1 I I I!! 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. . .. c. oc ?' 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. 8 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.