Loading...
HomeMy WebLinkAbout1956-05-15; City Council; Minutes98 MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL May 15, 1956 ... The meeting was called to order'at 7:OZ 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 Nay 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 reviewed the map submitted and pointed out the locations of the var,ious parcels. 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 consideration can 'be obtained for them. After .discussion, Cmn. Robinson moved that the City accept the offer, as detailed by the State, for the excess parcels along the Freeway. Seconded by Cmn. Ledgerwood. All ayes, motion car.ried, (3) Request from Metropolitan Water District for endorsement of resolu- tion to support Proposition "Wrt on the June 5th Primary Election. City Clerk read the proposed resolution in full. Cmn, Robinson informed the Council that the Mutual Water Company Board had'gone on record as'en- dorslng it, After discussion, Cmn. Robinson moved the adoption of Resolu- tion No. 207, endorsing Proposition rtWrt on the June 5th Primary Election ballot . Seconded by Cmn . Ledgerwood. Roll call vote: Ledgerwood, aye; Robinson, aye; Castorena, aye; Helton, aye. Four ayes, no nays, Baird absent. Resolution adopted. (4) Letter dated May 8, 1956, from office of the Commanding General, Camp Pendleton, signed by General G. F. Good, extending invitation to attend Armed 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 Nelson announced the X-Ray Chestmobile, under the super- vision of the Public Health Department, will be in Carlsbad on Thursday, May 17th, from 11:OO A. If, till 6:OO I?. MI, in front of the Union Church. City Manager read a letter from the James Montgomery Company regarding the appraisal of the Mutualbnd 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 Sth, 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, Cmn. Ledgerwood moved that the Council instruct the City Manager to write that the extension is granted. Seconded by Cmn. I-ielton, 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 property 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 COMMISSION: 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 ap.plication of the Assembly of God Church for a special use permit- to .. I -: .. .. allow construction. of, a church .building'at 3256 Madison Street, subject to conditionsr?imposed. Mr. Jose P. Dominguez was present in support of the application. After discussion, Cmn. Helton moved the Council accept the 'recommendations of the Planning Commission and grant the special use permit. Seconded by Cm. Ledgerwood. All aye's, motion carried. .. Memorandum from the Planning Commission, dated May 8, 1956, on the request of Vera E. Huffaker for variance to allow reduction in south and north side yard setback from 10 feet to 5 feet, recommending that a 6-foot set- back be granted for the reasons that (1) a 10-foot setback.on a 60-foot lot is excessive and (2) the proposed zoning regulations would allow a 6-foot setback. Commissioner Jarvie was present as planning representa- tive and explained the Commissionts thoughts on these applications. 'After discussion; Cmn. Helton moved that the Council accept, the recommendations of the Planning Commission and grant the variance. Seconded by Cmn. Led- gerwood. All ayes, motion carried. City Clerk reviewed cbpy of letter from Clerk of +the Board of Supervisors, San Diego County, to Chief Administrative Officer relative to the request of the City for financial participation in the engineering survey of the Agua Iiedionda Lagoon. Letter indicated the County is attempting to get into a posi,tion to enlarge on the survey and would then suggest that the County pay the difference which would still leave the City obligated for the $5,500 for the survey already in progress, It was the-feeling of the 1 Council that the matter should be discussed on the original basis, which 4 is that the County participate 100% in this survey as was done io the en- ? gineering for the four incorporated cities in the San Diego Bay area, : The possibility of inviting Supervisor Dean Howell to a meeting in this j area was discussed as it was felt that the City should step in and make an 6ffort to explain what we feel their position is. in the matter and this could be e,xplained more fully and forcibly than could be done by letter. It was decided that the meeting should include'a morning session on the Harbor matter and that an afternoon session:would be scheduledoto discuss the sales tax matter with representatives from the three cities repre- sented' by Supervisor Howell present. By common consent, the City Manager was directed to make arrangements for this meeting, with invitations to be extended to all City officials and Chambers'of Commerce from Oceanside and Escondido, PARK AND RECREATION COMMISSION: City Manager Nelson reported that at a special meeting of the Park and Recreation Commission three sets of plans and specifications, submitted by Contractor R. L. Watson, were reviewed and the Commission had approved Plan #2 at an estimated cost of $1,950. It i's hoped that some materials for the.project will be donated, thereby keepi.ng the cost down. Plans for the rest-rooms'and tool shed were ex- amined by meinberw.of the Council and, after discussion, Cmn. Ifelton moved that the Council accept the recommendations of the Park and Recreation Commission on. Plan #2. . Seconded by Cmn. Robinason. AX1 ayes, motion car- ried. LIBRARY COMMISSION: It. was reported by the City Attorney that the County Counsel has submitted his opinion that the Library contract, heretofore entered into, cannot be canceled because of matter of law. It is recom- mended that the County enter into a contract with the City to, in effect, ' return all of the monies collected on the library tax to the City. The County will pay $14,000 or .07 per $100 assessed valuation, whichever figure is the smaller of the two. The $14,000 figure was arrived at as the County Library needs a definite qmount to include in their budget. He pointed out it may be necessary to advance funds from the General Fund into the -Library Fund and then repay after the monies have been received from the. County. In return for these' funds, the City would agree to keep the ,Library open at least 32 hours per week, see that the Library is available to all persons within the County and operate the Library in accordance with accepted library practice. Contract will allow the City all property acquired during the term of the'contract. All funds will be placed in a separate fund and must be accounted for. After discussion, Cmn. Robinson moved that the City enter Pnto the contract as drawn up by, the City Attorney and proper signatures be authorized in order to get the contract to the County as soon as possible. Seconded by Cmn. Helton=, A11 ayes, motion carried.. B FIRE DEPARTMENT: Request was submitted for authorization and funds for Fireman Jack Osuna to attend the State Fire Instructors1 Training Program to be held at Fresno, May 21st to May 25th, a five-day p'rogram wikh es- timated cost of expenses at $15.00 per day. After discussion, Cmn, Rob- inson moved that the 'City send Jack Osuna to the State Fire I'nstructorsl Training Program at Fresno and authorize expenses not to exceed $80.00. Seconded by Cmn. Ledgerwood. All ayes, motion carried.: 6. 1 PUBLIC WORKS DEPARTMENT: City Manager. and Public Works Director called the Councills attent-ion to a problem in the- Highland Drive area where the accumulation of trash on private property'is to such an extent that it is endangering surronnding property and creating both'a fire hazard and a healt,h nuisance. Photographs of the property showing the condi- tions existing were presented for tlie CauncilIs.review. County Health Officer Meville was present and informed the Council the property had been inspected and he had talked with the owner and that a written no- tice had also been forwar.ded to no avail. City Attorney outlided the procedures which could be employed to abate this community threat under I the various codes and ordinances in force by the City. It was his opinion that the State Housing Act would provide the best means of a- bating this particular condition as he pointed out it is very compre- hensive and provides for both unsafe and unsanitary buildings. After .discussion, Cmn,, Robinson moved the City Manager be instiwcted to take the necessary steps, in co-operation with the City Attorney, Public Works Director and Health Officer, to *abate the public nuisance. . Seconded by Cmn,, Helton. All ayes, motionmarried, City Manager informed the Council that he and the Director ,of Public Works had discussed the possibility of hiring a half-time City Engineer. fie explained that the City is receiving, from the State, $2,000 annually for engineering for street deficiencies and these funds could be applied to his salary. It was also suggested that it might be possible foe such a person to serve half-time with the City and half-time with the Mutual Water Company, Cmn. Robinson informed the Council that the Mutual Board of Directors hadl felt that the suggestion was worth investigating the possibility but pointed out that the present manager, Denny Wood, has submitted his rebsignation to become effective July 1st so the Mutual is placed in the position of obtaining a replacement prior to that date. June 7th has beem set for a special'meeting to interview applicants and it is hoped that. they may have a decision on the matter for .the City ,at that time, After discussion, by common consent the City Manager was authorized to 'explore the possibility of obtaining someone for the po- sitioxi in this area through co-operation with other surrounding cities but it was agreed not to advertise for the position formally until these efforts halve failed. Public Works Director Anthony reported the new sewage treatment plant is scheduled for completion on ~June 12th and will be placed in opera- tion before that date. Mayor Castorena and City Manager Nelson reported on their attendance at the hearing called by the County Board of Supervisors on the pro- posed uniform sa.les tax. It was their opinion from all indications that the ordinan.ce will not be passed in time to b& effective for the next quarter-as it would have to be passed at the next scheduled meet- ing in order to become effective and be in force. City Czerk Ewald pointed out that of all of the seven communities present opposing the tax, all 1ieLwithin one Supervisor's area and he also represents the Cities of Carlsbad, Escondido and Oceanside. The matter will be dis- cussed at the meeting with Supervisor Howell and he will be asked to clarify his position in'regard to the sales tax ordinance. ,. 'City Attorney Smith reported on the hearing which was held by the County Board of Supervisors on the dissolution of the Public Utility District, which was attended by the Mayor, City Manage& and City Attorney. He reported there were no protests and authorization was given for the funds to be transferred to the City, for which an official receipt will be rendered to the County. Outstanding bills will be paid by the City, after the funds have been received. Mayor Castorena announced he wished to submit the name of Clinton Ped& ley to serve out the unexpired term of Nelson Westree on the Park and Recreation Commission. Cmn. Helton moved that the Council approve Clinton Pedley's name for this appointment. Seconded by Cmn. Ledger- Wood. All ages, motion carried. Cmn,. Robinson moved ratification of the payroll for the first half of May, 1956, as certified by the department heads and approved by the aud- iting committee. Seconded by Cmn. Helton. All'ayes, motion carried, Cmn. Robinson moved authorization for payment of bills in the amount of $3,433.79 for period May 1st to May lsth, as certified by the City Clerk and approved by the auditeng conunittee. Seconded by Cmn. Helton. All .ayes, motion carjried. C'ity Clerk Ewald, acting as spokesman for the Municipal Water District, briefed the CouncU on the District's proposal for the formation of an improvement district. He explained the District's position in forming such a district and the reason for the exclusion of the North Carlsbad area, The Board does not feel it wouM be practical for that area to participate in a bond program when they are surrounded by another City and it is not fair to bond the property in the face of -possible annex- ation to .Oceanside. Excluding the North Carlsbad area will leave the blunicipal District one contiguous area. The Board is anxious to hold the bond election as soon as possible and the only way it can be accom- plished in an expedient manner is to form an improvement district. It is anticipated that the election will be held the latter part of June so as not to interfere with the June 5th Primary Election. He. pointed- out that the North Carlsbad area could still be served and would still be a part of the Mutual District. Cmn. Ledgerwood expressed the opinion that there have already been too many improvement. districts in the. City and the matter should be left to the voter. Cmn. Helton and Cmn. Robinson indicated they look favorably upon the formation of the improvement dis- trict. After discussion, Cmn. Helton moved that the Council go on record as endorsing 'the formation of an improvement district by the Mun- icipal Water District. Seconded by Cmn. Robinson. Roll call vote: Rob- inson, aye; Castorena, aye; Helton, aye; Ledgerwood, nay. Three ayes, one nay, motion carried. Absent: Baird. Mayor Castorena presented for the Council's consideration, the name of Claud R. Fennel to fill the position on the Planning Commission vacated 6;) by the elektion of Crnn'. Ledgerwood to the Council, such term to expire y+ the second Tuesday.of April, 1957. Cmn. Robinson moved the approval of XJ Claud R. Fennel for this position as recommended by the Mayor. Seconded *-*~C by Cum. Helton. All ayes, motion carried. 'J Upon proper motion for adjournment by Cmn. Helton, seconded by Cmn. Rob- .,& --* inson3 and carried, the meeting was ad.journed at 9:15 P. M. Respectfully submitted, S /sgd/ M. 0. EWALD, City Clerk """"""""""""""""""- MINUTES OF THE REGULAR MEETING OF THE CAKLSBAD CITY COUNCIL June 5, 1956 The meeting was called to order at 7:OO P. M. by Nayor Manuel M. Casto- rena. Present besides the Mayor were Councilmen Ledgerwood, Robinson, and Helton, City Manager Nelson, City Clerk Ewald and City Attorney Smith. Absent: Councilman Baird. The minutes of the meeting of May 15, 1956 were discussed and corrections noted. Cmn. Ledgerwood moved the minutes be approved as written with corrections as indicated. Seconded by Cmn. Helton. All ayes, motion carried. Err. James Montgomery, President of the James Montgomery Engineering Com- pany, accompanied, by Mr. W. Carroll who conducted the appraisal, pre- sented for the Council's consideration the completed appraisal report on the nutual and Terramar Water Companies, copies of which were distribut= ed to members of the Council, administrative officials and members of the press. In a short commentary, Mr. Montgomery stated the firm had spent a great deal of time in making a complete inventory of the physic- al assets of the two systems and all values addendum to the companies and have estimated the cost of reproducing those. He informed the .Coun- cil that the final figures arrived at, $1,359,480.60 for the Mutual Water Company and $153,668.66 for the Terramar Water Company, are the - values placed on the. companies and are figures which the City should not exceed, After a brief discussion period, it-was agreed that the Council would be given a period for study of the complete report and that representatives of the firm would return on June -19, 1956, .to .meet with the Council to discuss the document in greater detail. City Mana- ger was directed to forward copies of the report to the Mutual Water Company and Mr. W. D. Cannon, owner of the Terr.amar Water Company. CORRESPONDENCE: City Clerk read the correspondence .as follows: (1) Letter dated May 29, 1956, from the firm of Everts and Esenoff, ask- ing .if it is planned to engage the firm for the annual audit. Members of the Council expressed the opinion that the services in the past had been quite satisfactory and, after discussion, Cmn. Robiason moved that the Council authorize the firm of Everts and Esenoff to proceed with the audit. Seconded by Cmn. Ledgerwood . All ayes, mot ion carried.