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HomeMy WebLinkAbout1956-04-17; City Council; Minutes88 It was reported that therz has been a request to change the name Of Olive Avenue as there is also an Olive Drive within the City and the similarity of the two names results in cqnfusion of the two streets. City lZttorncy 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, 1954, in the amount of $6,138.53, as.certified by the City Clerk and approved by the aud,iting .conzlit(;ee, be pa5-d. Secor,dcd by Cmn. Helton. All ayes, motion car,ried. 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, he 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. Efeeting adjourned at 3.1:lQ Pm 14, Respectfully submitted, s. /sgd/ M. 0. EWALD, City Clerk _""_""""""""""""""~~~ 1( MIHUTES OF - TIIE REGULAR MEETING OFTiiE CASLS3AD CITY COUXCIL April 17, 1956 The meeting was called. to order at 7:OO P. N. by Mayor Raymond C. 'Ede. Present besides the ,Mayor were Councilmen Robinson, Castorena, IIelton, and Subton (7:09 P. M.), City Manager Nelson and City Attorney Smith, Xf.ter discussion, Cmn. Castorena moved appro;al 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 6he official count of each precinct against the tally lists. Crnn. Castorerla served as Judge . At 7:25 I'e X. Mayor $de announced the opening of bids for the Basswood sexer extension. City Clerk Ewald opened the sealed bids which were an-. nounccd as follows: Shafer LStowerg Castillo & ThiSac?o Const. Coo,- Vista Item 81. $40 7Q #2 4.90 . #3 5 090 #4 260,OG each #S 340.0d each 7% 14,CO cub. yd. Item #I x2 iy3 isr4 8.5 #6 $ 3.5c 4.60 5.11 235.@C each 300.0 0 each 1OmOO cub. yd. Total Bid : $10,255.10 Total Bid: $9,407.3 Bids were turned over to the City Attorney for tabulation and approval of f OI'rn . Ci.ty Clerk Ewald opened the absentee ballots and announced the contents of each, which were recorded by the Clerks. Fifteen absentee ballots were returned, making a total of 1312 votes case, with firial results as set out in attached Resolution No.. 204. Cnn. Castorena read proposed. Resolution No, 204., declaring results of the VunicipaI 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, cast as 1312, cast at the following precimcts (see attached Resolu- tion); that there were two propositions named and such measures received the fol1.owin.g vote (see attached Resolution). Seconded by Cmn. Sut.ton. koll call vote: Sutton, aye; Robinson, ave; 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 cjf Election, afger which the Oath of Allegiance was administered by the City Clerk. City Clerk Ewald took the Mayorgs chair and ann'ounccd that nominations were open for the position of Mayor of the City 'of Carlsbad. Cmn. Baird opened the nonlinatiOnS and placed th.e name of Manuel Cast0ren.a for Mayor., E Cmn, Ledgerwood moved that the nominations be closed, Seconded by Cmn, Helton, On a unanimous ballot, Elanuel Castorena was declared the newly elected Mayor for thecity'' of Carlsbad, and accepted the chair from City Clerk Ewald , Hri C, D, McClellan presented a scroll, bearing signatures of the citizens .of Carlsbad, as an expression of appreciation and to express .gratitude for the manner in which he has conducted himself as Mayor of the City of Carls- bad, for retiring Mayor Raymond C, Ede, who accepted it with thanks, 'A short recess was called at 8:20 P. ?.¶. for the purpose of publicity pic- tures, etd, City Attorney Smith advised the Council that the bids as presented for the Basswood sew& are in proper- form and are computed correctly. City Manager Nelson informed the Council that awarding of the contract for this project should be withheld until such time as the funds from the property owners are on deposit'with the City, Eo .further action .. was taken on the matter, I' PLANNING COMMlSSION: City Clerk read a memorandum from the Planning Cornis' sion" on the application of the Pilgrinf Holiness Church fbr a special use permit to allow construction of a church building on Lot 13, Block rtM" at 308'Taiarack Avenue, in an R-2 zone, setting forth a motion for approval of the application which bad failed for lack of sufficient vote. Mr. C, D. $Z2McClallan clarified the contents of the memorandum, pointing out that he Whad not appeared in protest of the application but had requested he be per- mmitted to contact the adjoining property owners in order that they might be qgiven an opportunity tu be heard and he personally had no protest on it, <City Attorney Smith advised no further action is required by the Council on this memorandug, unless an appeal is made, at which time the matter would bt set for hearing. Cmn, Ledgirwood,'who served as Planning Commission repre- sentative for this meeting, informed tho Council that he had abstained from voting and discussion on the matter as he owns the"adjoining property, Rev, Donald Mack stated he wished to enter-a formal appeal to the Council on be- half of the church, After discussion, Can, Helton moved that a hearing-be set on the application of the Pilgrim Holiness. Church for 7r30.P. M. on May 1, 1956. Seconded by Cmn, Robinson, All ayes, motion carried, Memorandum from the Planning Commission dated April 10, 1956, recommending approval of the application of W. D, and L, M, Garrett for variance to alla reduction in east side' yard setback from 5 to 3 feet; rear yard setback fro] 25 to 15 feet; and front yard setback from 50 to 27 feet, on"Lot 44, Gran- ville Park, in an R-2 zone. The "Notice of Public Hearingn was read by the Ci%y Clerk. Capt. and Mrs. W, D, Garrett were present in svpport of the ap< plication, After discussion, Cmn, Helton moved the Council accept the re- commendations ,of the Planning Commission and the varianc,e be granted." Seconded by Cmn, ,Robinson, All ayes, motion carried. Memorandum from the Planning Commission, dated April 10, 1956, recommending approval of the application of Kenneth S, and Catherine J. Lowrey, 2738 Mad- ison Street, for variance to allow reduction in rear .yard setback of at- tached garage from 5 feet to 3 feet, on property located at.2738 Madison Street, in an R-3 zone, Mr, Kenneth Lowrey was present in support ofthe ap- plication. After discussion, Cmn, Robinson moved the recommendations of thc Planning Commission be accepted. Seconded by Chn, Helton. All ayes, motioa carried, I Memorandum from the Planning Commission, dated April 10, 1956, recornmending that any property that -becomes available in the block in which the present City buildings .are located, be acquired as a civic center site. City Managt Nelson explained that this recommendation was the result of the adjoining property to the North of the present City Hall site, being placed on the market for sale, Property consists of .66 of an acre, with a two-bedroom house which was, constructed in 1940. Asking price is $10,700.00, but it wight be purchased for $10,000.00, which City Manager Nelson stated appears to be a fair price, He informed the Council that he, 'along with City Clerk Ewald and Public Works Director Anthony, had inspected the property as a possibility for expanding the office facilities at the present public build- ings, but the building is not designed properly for such use, and does not lend itself to remodeling. The Council discussed the possibility of obtain- ing an option for the purchase of the property at this time and renting it during the interim period, After discussion, Cmn, Robinson moved that the Council direct the City Manager to investigate more carefully and find out what the terms might be and present information at the next. meeting, Second- ed by Cmn, Ledgerwood-, All ayes, motion carried, The possibility of ac- quiring the property to the South of the present site was also discussed, By common consent, the City Manager was instructed to obtain additional in- formation as to.the possibility of acquiring this property. I ., . .. Planping. Consiil'tiint Kay Kalicka was present, at the request of the Coun- cil, far.discussjion of the'proposed filing fe&s"for final and tentative* maps as .set.:forth in Subdivision Ordinance No. 9050. He briefly ret viewed the fees. charged by the Cities of La Mesa, El Cajon and Oceanside, upon which the proposed charges were based, He stressed the fact that, at the present time, thense charges cannot be justified but with the anti- cipated increase in the City's administrative personnel:, thecity wsll" be in position. to give the subdivider a type of service -which will justify such charges. He pointed out that the bulk of the expense is insolved in the processing of the tentative map. It was the Council's feeling that' the rates should be kept at a minimum for local subdividers and, after ex- periencing the surge of outside subd-ivid.ers into the area, the rates could be advanced as deemed, necessary. After' d.iscu.ssion, Cmn. Robinson offered the following suggested fees for th-e Council.1~ consideration: Tentative Map, $25.00.plus $2.00 per lot; Final Map, $15.09; Improvement ,Plans,, , $50,00 plus $2.00 per lot; the split lot fee of $5.00 will remain'in force. It was suggested that the fees be set by resolution and thus would siplplify any future change in rates, After discussion, Cmn. Helton moved that the Council continue the second reading o"f Ordinance No. 9050 to the next meeting and instruct the City Attorney to rewrite it and. fix all fees by resoluticm. Seconded by Cmn. Baird. All ayes, motion carried. .. I ~ I After a fifteen-minute recess, the meeting was reconvened at 10~07 P. M. Mayor Cas'torena announced appointment of a new auditing committee to con- sist of Cmn. Robinson and Bmn. Baird. CORRESPONDENCE: (1) Letter of resignation, dated April 17, 1956, addressed to the Carls- bad Harbor Commission, signed by David E. Baird, Cmn. Helton moved the Council accept this resignation as requested. Seconded by Cmn, Ledgerwood. A11 ayes, motion carried. Crnn.' Ledgerwood requested. his resignation be held/bver in order to permit him to attend a special study meeting and the regular meeting of the Plan- ning Coinmission dated for April 23-24, as any action taken by the group would require a 2/3rds vote to carry. Matter w.as- deferred at Cmn. Ledg- erwood's request and no successor was chosen. (2) Annouhcement of League of Cities Meeting scheduled for April 20th at Chula Vista, (3) Bulletin on Mayor's and Councilmens' Institute and City Clerks' In- stitute scheduled for June 13-15, at San 3ose; Council on-May 24L25 Mon- terey. (4) Letter from Supervisor Dean Howell, regarding the request for finan- cial assistance on the engineering survey of the Agua Hedionda, advising that allocation of the funds, in the amount of $5500,00, has been approved by the Board of Supervisors and will be routed to the County Counsel for approval. City Manager Nelson pointed out that, although the funds have been approved, there appears to be complications in obtahing same due to the fact that a new contract with Mr. Patterson'will'be necessary in or- ' der for the County to make payment for his services., and should his report be submitted prior to the'signing of such contract, it would then be a public document and could not be financed by the County. The City Manager will continue the! negotiations with the County for these funds, (5) Inter-Departmental Memorandum from the County Assessor's Office, con- firming cancellaQion of taxes on Lots 197-198, Granville Park, as requested by the City, (6) Letter from Congressman Utt regarding the Flood Control Program for the San Luis Rey River, advising heis working on the appropriation of funds for this study. No action was taken; the Council will await fur'- ther developments. (7) Letter from E. C. Pedley, dated April 17, 1956, enclosing financial sheets and advising that the Council act accordingly. The letter was or- dered filed without further action. Mayor Ede reported on the^ meeting of the Mayors which was held after the meeting of the County Board of Supervisors, at which time the proposed uniform' Sales Ta:x and Use Tax Ordinance was discussed. The ordinance is scheduled to come up for a'vote on April 24th and it was the feelYng that the County Board of Supervisors would enact the ordinance. From the dis- cussion, it was Seriously felt that the Cities were going to stand pat on I $0 4 if3 d ?j I I 1 L the uniform saxes tax with no .ki_ck-back 'tothe County. Mayor Castorena presented the following names which had been. submitted to fill the .vacancy on the Planning Commission, created by the expiration of the term of Col. R. M, Smith: Dr. Mark Noy, M. W. Jarvie, and Leonard Nevares, who have indicated their willingness to serve, if appointe,d, Cmn. Ledgerwood added the names of Jane Sonneman and John Netka, which had been presented to him, Members of the Council, after consideration, expressed their approval of Mr. M. W. Jarvie as it was feIt~ that his know- ledge of the Spanish language and familiarity with the people of. this sec- tion' and their problems would. be of benefit to the Commission. Mayor Cas- torena announced that,. with the Council's permission, he wished to appoint Mr. M. W. Jarvie 'to the Planning Commission. Cmn. Baird moved the ap- pointment of Mr. M. W. Jarvie be approved for a four-year temn, comment- ing this date and expiring the 2nd Tuesday of April, 1960. Seconded by Cmn. Helton. ,All ayes, motion carried. HARBOR COMMISSION: City Clerk reviewed the minutes of the.meeti'& of the San Diego .County Planning Commission at which a discussion was held on the Master Harbor Plan for the County. The meeting was attended by the City Clerk and City Manager, Cmn. Baird announced that notices have been sent out- to members of the Harbor Commission for a meeting on the 27th of April at which time a report will be prepared for the County Master Plan. City Manager Nelson reported he had talked with. Mr. Noble. and the San Diego Gas e Electric Company has reached an agreement. on the lease and have turned it over to their attorney, Mr. Charles Forward, and he will in turn contact the City Attorney, Mayor Castorena announced the name of Dr. George Merkle has been submit- ted for appointment to the Harbor Commission to replace newly-elected Cmn. David Baird. The Council unanimously approved the selection. Cmn. Baird moved-, that Dr. George Merkle be appointed to complete the unexpired por- tion of the three-year term, ending January 1, 1958. Seconded by Cmn. Robinson. All ayes, motion carried. -, PARK AND RECREATION COMMISSION: City. Manager Nelson reported a draft of the proposed rest rooms for Holiday Park has been prepared by Contractor R. L, Watson, The plan consists of one lavatory and sink for each side with a total estimated :price of $1700.00 to $1800.00. Two commodes for each sid-e could. be had for an additional $200.00, Construction with vol- unteer labor, under the supervision of Mr. Watson, is being considered. Plans' will be submitted to the Park and Recreation Commission for approval at, their next meeting on Thursday, April 19th. .. LIBRARY COMMISSION: City Manager Nelson reported there is no official word from the County Counsel's office on the cancellation of the Library contract. but he feels confident that a program .will be worked out, so the City may proceed with the establishment of a City-owned library. City Manager Nelson informed the Council he is looking into the possibil- ity of integrating the public services, Fire and Police Departments, as a method .of providing better services to the public. He stated he had talked with the Fire Chief at Buena Park, which at present maintains such a system, and the Fire" Chief, Police Chief and City Manager have scheduled a tour of their facilities to observe the system in operation. He stresse the fact that it is in the primary study stage, and is a very .controver- sial matter, but it is felt that it merits 'study. Discussion was deferred until such time as a full report on the subject is presented for the Coun- cil's consideration . Ex-Mayor Ede reported this past week at the the snrroundiner areas the final class on radiological training was held High School and several persons from this City and completed the course, He commended Officer. Norman Whipple for hi; efforts in arranging for this class and the excellent work. which he has done in the Civil Defense program. City Attorney Smith presented the contract with the Mitchie Publishing Company for codification of the city ordinances, as previously authorized at the' meeting of .April. 3rd, and proper signatures were affixed thereto. He informed the Council that the Company has indicated they are willing to undertake work immediately and the total process will require about six months for completion, ,. City Attorney Smith announced that the Petition for Dissolution of the Public Utility District, as approved by the Council at their last meeting, was forwarded to the County Board of Supervisors, Hearings have been set on the matter and, if there are no protests, the'dissolution will proceed 3 as. scheduled and the funds will be turned over to the City. It was noted that there are two outstanding bills against the District, one . for secretarial services and one from the Carlsbad Journa'l. City At- ', torney advised these bills will be paid when the funds are released. City- Attorney cinlled the Council's attention to a minor change which had been made in the phrasing of Sec. 417 (j) of Ordinance No. 9050. . The City M&nagelr informed the Counci.1 that. he had been unable to select a .suitable meme~nto for the retiring Councilmen and suggested the poss- ibility of displaying the badge .on a plaque. No decision was made. and the City Manager will continue to look into the matter. Mayor' Castorena reviewed the committee assignments as follows: Cmn. Bairti - - - - - Water and Harbor Cmn. Ledgerwood - - Parks e Recreation Comm., Planning Comm. Cmn. Helton - - - - Public Works and Library Cmn. Robinson - - - Finance, Budget, Personnel and Building. City Clerk Ewald presented the proposed- budget and maintenance agreement for the year 19/57 as submitted by the State Division of Highw'ays. Cmn. Helton moved the adoption ,of Resolution lo. 205, Adopting Budget and Ap- proving Memorandum of Agreement for Maintenance of Major City Streets. Seconded by Cmn,, Robinson. Roll call vote: Ledgerwood, aye; Robinson, aye; Castorena, aye; Helton aye; Baird, aye. Five ayes, no noes, Reso- lution adopted. Cmn, Robinson. moved the payment of bills from April 3 to April 17, in- clusive, in the amount of $36,428.80, as certified by the City Clerk and approved by the auditing dommittee. Seconded by Cmn. Baird, All ayes, motion carried. Attention was called to the fact that this total in- cludes the March payment for the sewage disposal plant construction. Cmn. Robinson moved ratification of the payroll for the first half of April, 1956, as certifie-d by the department heads and approved by the auditing commitftee. Seconded by Cmn. Helton. All ayes, motion carried, City Manager NeILson reported he had contacted the insurance carrier for, the City and it.wi11- cost approximakely 5% more to raise the liability clause to the one aillioai dollar bracket. After discussion, Cmn. Robin- son moved that the City's liability insurance be raised to one qillion dollars and the additional premium be paid for the remaining portion of the year and bids be accepted for the coming fiscal year 011 that basis. Seconded by Cmn,, Helton. All ayes, motion carried. City Clerk Ewald read Proclamation to be issued by the Mayor proclaiming May 11-12-13 as Spring Holiday for the City of Carlsbad. *. Upon proper motion by Cmn. Robinson, seconded by Cmn. Helton, the meet- ing was adjourned at 11~45 P. M. RespectFully submitted, S M. 0. EWALD, City Clerk .-II-."""-.I.L"-"""~""-..""". RESOLUTION DECLARICNG THE RESULTS OF THE MUNICIPAL ELECTXON HELD IN THE cxw OF CARLSBAD ON AFWL IOTH, 1956, AND DECLARING FACTS RELATIVE TO SAID ELECTION WHEREAS, pursuant to the provisions and requirements of Chapter +f, of Part If of Division 11 of the Elections Code ofthe State of California, a General Municipal Election was held on the 10th day of April, 1956, in the City of Carlsbad, State of California; and WHEREAS, the Cit;y Council of the City of Carlsbad met at iks usual place of meeting on Tuesday, April 17th, 1956, being the first Tuesday after the election, and canvassed the return of said election; NOW, THEREFORE, IT IS RESOLVED, DETERMINED, AND, DECLARED that the fore- going stateuient of facts is true and correct, &hat all proceedings re- quired by Chapter II of Part 11 of Division 11 of the Elections Code of . the State of. California have been had and held in the manner and form required by law,, and that the results of said election of April loth, 1956, according to the canvass of the City Council of the City of CPrlsbad: I Go m 4 e rL) p4 C I B are as followst NUMBER OF VOTES CAST PRECINCT - -CANDIDATE ONE TWO THREE FOUR TO TAL ABSENTE E GRAHD BALLOTS TOTAL HBLTON BAIRD BALDWIN BUCHART JARVU KURNER LEDGERWOOD NETKA PIPER SONNEMAM .. STIFF 177 151 11 7 161 123 118 11 3 94 61 27 78 7 68 125 53 52 43 36 12 8 43 27 80 81 61 118 141 108 14 30 1s 12 4: 139 34 141 137 88 27 91 53 164 35 92 133 16 586 539 356 13 9 337 184 555 134 31 4 50 0 d 75 c 10 596 9 ' 548 7 36 3 1 140 3 340 1 '18 5 3 558 0 139 2 316 4 504 0 75 . 1 MEASURE VOTED UPON: SHAU CITY CLERK BE APPOINTIVE? YES NO 93 80 58 SO 28 3 6 287 231 235 181 270 917 8 : 92s MEASURE VOTED UPON: SHALL CITY TREASURER BE APPOINTIVE? YES NO 82 77 53 50 262 6 268 237' 242 186 27 2 937 8 945 t FRANK SMXTH 1 WRITE-IN YOTES CAST ' 1 1 I. I ACCORDING,LY,, IT IS OdDERED AND DXLARED that the majority of the votes cast at said election is for the rejection of the propositions, !!Shall the City Clerk be Appointive?" and "Shall the City Treasurer be Appoint- ive?"; and that the following candidates received the highest number of votes Cor the several offices and are elected to the offices as follows: Members, City Council: C. R. HELTON CHARLES B. LEDGERWOOD DAVID E, BAIRD .. IT IS FURTHER ORDERED khat the City Clerk shall forthwith issue certifi- cates of election to the successful candidates named above, and that the City Clerk shall further admini8,ter tol each person elected the oath of office proscribed in the State Constitution. PASSED, APPROYaD, AND AdOPTED this 17th day of April, 1956, by the foll lowing votes t . AYES z NAYS : e <Y *. ABSENT o t /sgd/ RAYMOND C. EDE ATTEST s Mayor of City of Carlsbad /sgd/ M. 0. EWALd, City Clerk I I "-""""".~"-~""".-""""- MINUTES OF THE REGULAR MJ3ETfNG OF THE CARLSBAD CITY COUNCIL 1 May 1, 1956 The meeting was called to order at 7105 P, M. by Nayor Manuel M, Castorer! Present besides the M8yor were Councilmen Robinson, Helton and Ledgprwood (7:O8 P, ,M.), City Manager '#elson and City Attorney Smith. Abseht: Bum, Baird. L' .) 4 ,