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HomeMy WebLinkAbout1956-05-01; City Council; Minutes( < are as follows: NUMBER OF VOTES CAST PRECINCT CANDIDATE ONE TWO THREE FOUR TOTAL ABSENTEE GRAND - BALLOTS TOTAL HELTOI BAIRD BALDWIN BUCHART JARVIE KURNER LEDGERWOOD NETKA PIPER SONNEMAN STIFF . I 177 151 117 161 123 118 11 3 94 61 27 78 7 68 125 53 52 43 36 12 4 139 12 8 43 27 34 80 81 61 118 141 108 14 ' 30 15 141 137 88 27 91 53 164 35 92 133 16 584 539 356 13 9 337 184 555 134 314 50 0 . 75 - '1 0 9 7 1 3 1 3 0 2 4 0 596 e 548 36 3 140 340 185 558 139 316 504 75 MEASURE VOTED UPON: SHALL CITY CLERK BE APPOINTIVE? G3 YES 93 80 .58 50 28 1 6 2.8 7 ?"4 NO 231 235 181 270 917 8 925 a e &-? MEASURE VOTED UPON: SHALL CITY TREASURER BE APPOINTIVE? c-2 .. NO 237 242 186 27 2 937 8 945 YES 82 77 53 50 262 6 268 .~ WRITE -IN V-OTES CAST C FRANK SMITH 1 1 ACCORDINGLY,. IT IS ORDERED AND DECLARED 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 cand5dates received the highest number of votes &or the several offices and are elected to the offices as follows: . Members, City Council: C. R. HELTON CHARLES Be LEDGERWOOD DAVID E. BAIRD IT XS FURTHER ORDERED that the City Clerk shall forthwith issue certifi- cates of election to the successful candidates named above, and that the City Clerk shall further administer to each person elected the oath of offide prescribed in the State Constitution, PASSED, APPROVED, AND ADOPTED this 17th day of April, 1956, by the fol- lowing vote:. AYES : NAYS : ABSENT : -, I /sgd/ RAYMOND C. EDE ATTEST : Mayor of City of Carlsbad /sgd/ M, 0. EWALD, City Clerk -0"" -.-"-""""" "" """""" MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL May 1, 1956 The meeting was called to order at 7:05 P. M. by Mayor Manuel M. Castoren Present besides the Mayor were Councilmen Robinson, Helton and Ledwrwood (7008 P. M,), City Manager 'Nelson and City Attorney Smith, Absent: Cmn. Baird, 3 Correspondence L (1) League of Cities Bulletin regarding legislation session on budget and flood contlrof. (2) Letter from San Diego Farm Bureau regarding proposed uniform sales tax ordinance. City Clerk Ewald reported on a speech which County Sup- ervisor Dean Howell had made at the North County Chamber of Commerce meeting at which time he had informed the group that a hearing will be held within the next three weeks and invited all interested persons to appear. From is11 appearances, the unincorporated areas will attend in force and it is felt that the City officials should attend and have rep- resentation. 13uring the discussion, it was pointed out that there is not too much the City can do 'until the County Board of Supervisors takes some action on the matter and it was agreed by members of the Council that the matter ,should be tabled entirely until some action is taken by the County. Discussion was held on the minutes of the meeting of April 27, 1956, and corrections notted. Cmn. Robinson moved the adoption of the minutes, as corrected. Seconded by Cnn. Helton. All ayes, motion carried. Reading of the correspondence was resumed as follows: (3) Letter from County Surveyor and Road Commission, dated April 5, 19'56, outlining a proposed mapping program for the County and asking for the City's support in the justification for this program in, the new bud- get. By common consent, the City Manager was authorized to draft a let- ter to $he County Road Commissioner informing them of the aerial mapping program which the City has in progress and assure them that all copies of the naps contracted for by the City will be made available for their use should they desire to tie them in with any survey they might make. (4) Letter of resignation, dated April 19, 1956, from N. E. Westree, Chairman of the! Park and Recreation Commission, requesting a replace- ment be named prior to May 15th. City Manager Nelson explained it is anticipated a full-time Park Custodian will be provided for in the cur- rent budget and Mr. Westree has indicated he would accept such a posi- tion. Selection of a replacement was delayed until the next regular meeting. Cmn. Ledgerwood moved the resignation of Nelson E. Westree be accepted with regret. Seconded by Cmn. Iielton. All ayes, motion carried. (5) Copy of letter from the County of San Diego Planning Commission to the County Board of. Supervisors setting forth the Commissionts recom- mendations on the City's request for engineering funds for the Agua Hedionda +agoon. Discussion was delayed until after the scheduled hear- ing. At 7:30 P. M. Mayor Castorena opened the hearing on the application of the Pilgrim Holliness Church for a special use permit to allow construc- tion of a church ,building at 308 Tamarack Avenue. City Clerk Ewald read "Notice of' Public Hearing", after which the memorandum from the Planning Commission was reviewed. Rev. Donald Mack was' present repre- senting the applicant and briefly summarized the reasons for the selec- tion of this site for the erection of a church, pointing out it is lo- cated away from the' heavily trafficked area and there is no church in that particular section of the City. Mrs. Dorothy Crosthwaite submitted a petition listing signatures protesting the location of the church in this area. Protestants appearing in person were Mrs. Sylvia LaPorte, Mrs. C. Wylie, !Vir. and Mrs. E. €3. Weichers, Mrs. Peggy Kirby and Mr. Ii. Kirby. Examination of the protest petition and the original supporting petition revealed that several signatures of the residents appeared on both documents. . Mrs. Crosthwaite offered the explanation that several of the residents had signed the first petition and had then changed their mind on the matter. During the discussion, Cmn. Robinson pointed out Mr. Kalickcl had mentioned that the church should be obligated 'to provide sewer facilities and to install curbs whenever the property to the rear is developed. He asked if the church would accept such condi- tions. Rev. Mal& advised he would not be in a position to accept such terms as any official commitments would have to come from the Church Board. City Clerk Ewald read a Staff Report submitted by Gordon Whit- nall Associates. Cmn. Ledgerwood asked if the existing structure on the property could be used by the church as a dwelling as it is now be- that under Sec. 16-5 of Ordinance No. 37, continued use or occupancy may continue irrespective of who obtained the permit. The fact that the owner may hlave changed does not affect the property and if it is . ing used under a temporary occupancy permit. City Attorney advised I < I. :.&'Q Fi &? e: ' ..-, 44 s I .. I not limited in time, ivis not a 'temporary permit, City Clerk stated the permit was issued forbne year -and 'would shave since expired. The Council reviewed the proposed plot plan for the development of the sub- sect property and it was pointed'out that there would still be adequate parking area if a portion were allowed for a future street. Cmn. Rob- inson suggested, in view of the protests, it might be wise for the Council to take the matter under advisement and .compare the petition ,and if there are any further petitions, pro or con, they be brought be- fore the Council,, and at the same time, the Pastor could take back the conditions to the church officials'to ascertain' if they are willing to accept the conditions imposed by the Planning Commission. After dis- cussion, Cmn. Robinson moved that the hearing be continued to the next meeting, May 15, 1956, at 7:30 P, M. Seconded by Cmn, Helton. All ayes, motion carried. Mayor Castorena opened the hearing on the application of Mr. Paul car ma^ . 508 South Horne Street, Oceanside, California, for a Certificate of Public Convenience and Necessity, at 8t00 P. M. City Clerk read a 'statement from Chief of Police Palkowski, dated April 16, 1956, on the .result of investigation of the character and moral background of the applicant, Mr. Carman was present in support of the application and requested the present method of rate charge by meters be changed to a schedule of rates by zone. He presented Exhrbit "A" with a detailed schedule of proposed rates by zone, all trips to be figured from the center of town, He explained that the previous owner, Mr. Oscar Cross, had dropped the fare and tried to build up business that would compen- sate for t.he meter drop. but this was a mistake as the volume of businesr did not warrant him xowering the rate. City Manager Nelson informed the City Council that the City has not received payment for the present cabs in operation by Mr-, Cross or the present stand, and it was his un- derstanding that the license could be transferred, Mr. Carman informed the Council he had been advised of this fact and had, this date,' paid the business license in full for the currhnt year, There were no pro- tests on the applicant, either oral or .written, After discussion, Cmn. Robinson moved the approval of the application of Mr. Paul Carman for a Certificate of Public Convenience and Necessity for the" operation of his business. Seconded by Cmn, Ledgerwood. .All ayes, motion carried. Discussion was resumed on the letter from the County Planning Commissio~ regarding financial participation in the engineering survey for the Ami Hedionda lagoon. The Council did not feel that the reconrmendati'arsof the Commission were too favorable and decided it would be advisable to wait and see what the Board of Supervisors' reaction is before the City makes contact with Supervisor Dean Howell and the Board, By common consent, the City Attorney and City Manager were instructed to continue negotiations for these funds with the County Board. (6) Letter of resignation from Charles B. Ledgerwood to be effective at the time of appointment of a replacement, Cmn. Helton moved that ,the Council accept this resignation. Seconded by Cmn, Robinson, All ayes, motion carried.' Public ,Works Director Anthony presented Mr. William B, Paulson, Distric, Sales Representative for the Orangeburg Manufacturing Company, who dis- cussed the merits- of bituminized fibre drain and sewer, pipe. Both the Director of Public Works and the Building Inspector indicated they wouL favor the use of such materials in the construction throughout the City ATter discussion, Cmn. Robinson moved the City Attorney be instructed to amend City Ordinance No, 8015 to include the use of bituminized Eibrc sewer pipe and fittings for use, from three feet outs.ide the house to the sewer laterla, in the City of Carlsbad, Seconded by. Cmn. Helton. r All ayes, motion carried, Mr. William Torres, who is serving as co-ordinator for the coming Sprini Holiday parade, requested the Council's support in the parade both as participants and as greeters of the contingents, He informed the Coun- cil that housing is needed for a contingent from Phoenix, Arizona, ar- riving at 3:OO P. M,, May llth, and asked that he be contacted if accom modations are available for the mkmbers of thi"s group. The Council as- sured Mr. Torres of their support in any manner possible towards making the Spring Holiday activities a most successful event. HARBOR COMMISSION: City Clerk Ewald read communication dated Apr'il 20, 1956, from Congressman James Utt, in response to a resolution which had been adopted by the local Chamber of Commerce, urging, the reallocation of funds for the development of a small boat harbor, which were with- drawn by the Army Corps of .Engineers, Congressman Utt, in his lette-r, urged that Priority be given the project in the 1957 boldget, The ._..,__ ,... . . _. .... ~, ._ . . .. .. . . . . . ._ .~ ,..- .. . . . . . . . . ._. .__".. ...... .. . .. .. . ,. . .. . .. . . ... resolution .was- ~revIewed-.i?or the Council's information and, after discus- sion, Cmi. 'Heltlon movbd"that the Council instruct the City Attorney to draft a'resolution along the lines of 'the one just presented, to be for- warded to the Army Corps of Engineers. Seconded by Cmn. Ledgerwood. All ayes, motion carried, It was reported the City Attorney has received the proposied lease for- the Agua Hedioncda Lagoon from the San Diego Gas and Electric Company and copies of same have been 'submitted'to members of the Harbor Commission for their study and recommendations. A study committee, headed by Com- missioner Christiansen, was appointed at their last meeting and a report will be forthco~ming for the next Council meeting on May 15, 1956. City Clerk Ewald reported Chairman David Dunne had conferred with members of the State Lands Commission in Los hgeles on the proposed State master plan for harbors and it is felt this conference w5ll do much to strength- en the proposed harbor for this area. PARK AND RECREATION COMMISSION: Memorandum dated April 19, 1956, recom- ' mending apDrova:i of. the'request of Mr. Fred Huntington for the removal of six-Avocado ,seedlings on, his property an Ma,gnolia Avenue' in order to give adequate a:pproach to the property for the construction of, a new dwelling. Aftelr discussion, Cmn. Helton moved that the, request be granted. Seconded by Cmn. Led'srwood. All ayes, motion carried. Xemorandum daterd April 19, 1956, recommending denial of the request of Mrs. Harry Amundson. for the removal of a eucalyptus tree in front of her property at 855 Oak Avenue,. and further recommending that other City de- partments take -corrective measures on the problem. After discussion, Cmn. Ledgerwood .moved the petition be denied in conjunction with the Commission's request. Seconded by Cmn'. Helton.. All ayes,, motion car- ried. Public Works Director Anthony informed the Council he has been working closely' with' the Commission on this matter and has had consider= the opinion that the' original stalla at ion of cast iron pipe would have pense to Mrs. Amundson. He informed the Council he had talked with the City Attorney alnd there seems to be some liability in the 'matter on the part of the City. City Attorney Smith advised that the City, had fallen heir to the proc,eedings of the Sanitary District, after incorporation, and therefore would be obligated to assume thdiabilities of the Dis- trict. He stated he felt that the City ,has contingent or possible l'ia- bility, that would justify expending funds for the. sharing of the cost of installation of cast iron pipe. Public Works Director Anthony sug- gested the cast iron pipe be installed in the center of the street,. as it should have" lbeen done originally, at the City's expense, and that Mrs. Amundson PiRy the difference in cost between vitrified clay and the cast iron. City Attorney Smith informed the Council that if she should reject such a proposal, the City is considered relieved of the liability. After discussio~n, the Council agreed that the matter be placed in the hands of the Dilrector of P'ublic Works, City Attorney and City Manager to work it out to the best advantage of the City. City Manager Nelson reported the Park and Recreation Commission had met Holiday Park as submitted by Contractor R. L. Watson. The Commission had felt the proposed building was too small. and proposed a much larger building of cement block. Subsequently, Mr. Watson had prepared a building plan to their specifications, at an estimated cost of $2800.00. Since this limit would require advertising for bids, he had prepared a third plan with .some revisions which could be constructed for approxi- mately $1950.00, ' The Commission will review the final plan and, .upon their approval, it will be kubmitted to the Council for final approval. He also informed the Council the Commission had discussed the erection of signs on Ocean Street directing bathers to the State Beach areas where there will be adequate 'lifeguard protection, and such signs are in the process of being installed. LIBRARY COMMISKW: Mayor Castorena informed the Council of the expira- tion of the term of Mrs. Evelyn Pace. He stated he had talked with Chairman Ginn and she would accept reappointment. Cmn. Ledgerwood moved that Evelyn Pace be reappointed to the Library Commission to serve for a period of three years. Seconded by Cmn. Robinson. All aye s, mot ion carried . .. able correspondence with Mrs. Amundson on the problem. He expressed ' prevented the rooting into the line which had caused considerable ex- .. and reviewed a tentative plan for the rest rooms and storage room for * POLICE DEPARTMEIS: City Clerk read the monthly report for the Police Department, as follows: ' . 4 .9 Arrests. ......... .6 . Accidents 4 ........... Traffic Citations issued . -91 General cases', ....... 124 .. I ;3 -.i . .r3 < s I FIRE DEPARTMENT: Monthly report for the Fire Department was reviewed a! follows: Fires.d..........O Resuscitator calls ...... 1 Standby or control burnings . 5 Smoke checks ........ 6 Mutual Aid to Solana Beach . 1 Average attendance at fires .14 PUBLIC WORKS DEPARTMENT: Public Works Director presented a petition fo~ the extension of the sewer on,,Elm Avenue throuFh on Elmwood Street to Highland Drive.. City Manager explained there 1s a problem; at the time the sewer was laid it was not brought under the Freeway'and there is 441 feet of sewer line which the City will have to pay fore He informed thc Council that Mr. W. Roy Pace had indicated he woald be interested in bringin; it up Highland Drive to his property and he also has talked with Dr. Fairchild and he is also int6rested. Chief of Police Palkowsk: 'who owns the property directly across from the Pace property, indicated he would not be interested in the sewer extension at this time and he also stated he had talked with'llr. Fairchild just before the meeting ant he is not interested in the sewer at this time: After discussion, Cmn. .Robinson moved the adoption of Resolution No. 206, authorizing 'City of- ficials to contract for the engineering for sewer 'extension on O.ak Ave- nue; Elm Avenue, to Elmwood Street, through to a portion! of Highland Drave. Seconded by, Cmn,'Hel6on. Roll call vote: Ledgerwood, aye; Rob8 inson, aye; Castorena, aye; Helton, aye; four ayes, no nays, Cmn. Baird absent, Resolution adopted, City'Attorney- Smith presented finad copies of proposed Subdivisibn Or- dinance No. 9050 and informed the Council that it has been completed in accordance with the discussion at the last Council meeting and provisio: has been included that all fees for the filing of tentative and final maps will be set by resolution. After discussion, Cmn, Robinson moved the adoption of Ordinance No. 9050.' Seconded by Cmn, Helton. Roll cal. vote: Ledgerwood, aye; Robinson, aye; -Castorena, aye; Helton, aye. Four ayes, no nays, Cmn, Baird absent, 'Ordinance adopted. Mayor Castorena appointed Cmn. Helton member protem 'for the auditing committee in the absence of Cmn. Baird. 1 . City Attorney presented Resolution of Election for which signatures had previously been authorized. City Attorney Smith reported on his attendance at the City Attorney's Conference held at Santa Barbara and informed the Council it had proved very profitable to him as City Attorney, I City Clerk Ewald presented the pictures of the Council and City offici- als which were taken at the April 17th meeting and informed members that copies may be purchased at $1.00 per print, Cmn.'Heiton moved the payment of bills in the amount of $22,312.82 for the period April 17th to May lst, as certified by the City Clerk and approved by the auditing committee. Seconded by Cmn. Robinson. All ayes, motion carried. Cmn, Helton moved the ratification of the payroll 'for the 2nd half of April, 1956, as certified by the department heads and approved by the auditing committee. Seconded by Cmn. Robinson. All ayes, motion car- ried. Upon proper motion by Cm. Robinson, seconded by 'Cmn. Helton, the meet- ing was adjourned at 9: 37 P. M. Respectfully submitted, s /sgd/ M. 0. EWALD City Clerk - I"""""""""""~"-~-~""-~ MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL May 15, 1956 ... The meeting was called to order'at 7:02 P. M, by Mayor Manuel M. Castorena. Present besides the Mayor were Councilmen'Helton, Robinson and Ledger- wood (7:06 P. M,), City Manager Nelson, City Attorney Smith and City Clerk Ewald. Absent: Councilman Baird, Cmn. Helton moved the approval of the minutes of the meeting of May 1, 1956, as written,, Seconded by Cmn, Robinson, All ayes, motion carried. CORRESPONDENCE: City Clerk read the correspondence as follows: (1) Announcement; of League of Cities' Meeting to be held May 18th at Coronado. City Clerk requested that reservations be placed before Wednes- day, May 16th. (2) Letter dated May 11, 1956, from State Division of Highways, offer- ing remaining excess parcels along the Freeway to the City for considera- tion of $100.00, the bid which the City had previously submitted. City Manager Nelson re!viewed the map submitted and pointed out the locations of the various pawcels. He explained that to dispose of them, the City would advertise once that all properties are surplus +and would then give the adjoining property owners quit-claim deeds, signed by the Mayor, for whatever considerlation can 'be obtained for them. After .discussion, Cmn, Robinson moved thlat the City accept the offer, as detailed by the State,, for the excess parcels along the Freeway. Seconded by Cmn. Ledgerwood. All ayes, motion carried. (3) Request front Metropolitan Water District for endorsement of resolu- tion to support Pkoposition *Wtt on the June 5th Primary Election. City Clerk read the proposed resolution in full. Cmn. Robinson informed the Council that the Mutual Water Company Bbard had 'gone on record as'en- dorslng it. - After discussion, Cmn. Robinson moved the adoption of Resolu- tion No. 207, endlorsing Proposition "W" on the June 5th Primary Election ballot. Seconded1 by Cmn. Ledgerwood, Roll call vote: Ledgerwood, aye; . Robinson, aye; Caistorena, aye; Helton, aye, Four ayes, no nays, Baird absent. Resoluti.on adopted, (4) Letter datedl May 8, 1956, from office of the Commanding General, Camp Pendleton, signed by General G, F, Good, extending invitation to attend Ar&d Forces Day services, with Open House from 1O:OO A. M. to 5:OO'P. M. on Saturday, May 19th. Mayor Castorena urged that members attend, City Manager Nels'on announced the X-Ray Chestmobile, under the super- vision of the Publlic Health Department, will be in Carlsbad on Thursday, May 17th, from 11:OO A, M. till 6:OO P. M., in front of the Union Church, City Manager read a letter from the James Montgomery Company regarding the appraisal of the Mutualhnd Terramar Water Companies which they are in the process of conducting, asking that the deadline for the report be extended. until June 5th in order that a more accurate and comprehensive report may be prepared, He explained the Company wishes to present the report on June 5t8h, and also give oral dissertations on the matter, and would then come to the next Council meeting after the Council has had time to study the report and answer questions. After discussion, Cmh. Ledgerwood moved that the Council instruct the City Manager to write that the extension is granted, . Seconded by Cmn. Iielton, All ayes, motion carried. It was reported by'the City Manager that a reply has been received to the letter which was written to the owner of the propeiZty immediately north of the City Hall site. The owner's Attorney .answered the letter, stat- ing that the owner is recovering from major surgery and is not. able to discuss financial affairs but the owner 'has indicated he is anxious to sell the property at a fair price,' Negotiations have been delayed await- ing a reply from the owner, PLANNING COMMISSIe Mayor Castorena opened ,the public hearing on the application of the Pilgrim Holiness Church for a special use permit to allow construction of a church building at 308 Tamarack Avenue. City clerk read a letter dated May 7, 1956, signed by Rev. Donald Mack, re- questing withdrawal of the application, In accordance with this request, the hearing was declared closed. City Clerk read memorandum dated May 8, 1956, recommending approval of the application of the Assembly of God Church for a special use permit. to ..