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HomeMy WebLinkAbout1956-07-17; City Council; Minutes4.z 4 also tell the newcomers something of the trials and tribulatioris of 4 new City . Proposed Ordinance #3019, amending 'Ordinance *#3OOS, prohibiting parking on Adams Street cast of the Glissman property on Saturdays, Sundays and holidays, was explained by*Chief Palkowski, He stated that the amendment had become necessary due to the growing traffic problem cs-eated by cx- panded use of the lagoon; that he had contacted property owners in tkie area who would be affected and they are agrgeable to the restriction. Cmn. Robinson moved that reading of title and number constitute first reading of proposed Ordinance #3019. Seconded by Cmn. Ledgerwood. All ayes, motion carried, Proposed Ordinance #9051, amending Ordinance #9050, providing for the imposition of fees for checking improvement plans, was briefly discussed. I". Nelson explained that the proposed or'dinance cures an omission in Ordinance 19050 and ks necessary i'n 'order 'to bring the subdivision or- dinance up to its full intent.' Cmn. Robinson 'moved that reading of title and number constitute first reading of proposed Ordinance #90Sl. Seionded by Cmn. Helton, All ayes, motion carried. City Attorney Smith -quoted a League of California Cities' report that many people are fai-ling to register their trailers. He suggested that a police check be made on the. situati'on, as one-third o"f such registration fees accrue to the City. Cmn. Robinson moved approval of payment of bills, amounting to $5,168,81, for the period June 19th to July 3rd; as certified by the City Clerk and approved by the Auditing Committee, Seconded by Cmn, Baird. All ayes, motion carried. Crnn. Robinson moved ratification' of payment of payroll for the second half of June, 1956, as certlficd by the City Clerk and approved by tho auditing committee. Seconded by Cmn. Baird.' All ayes, motion carried. It was noted that no representative from the San Diego Farm Bureau ap- peared in response to the invitation to attend this meeting to discuss the uniform sales tax proposal. After a 15-minute recess, the Council reconvened for informal discussion of the 1956-57 budget. The tentative budget was discussed, department by department, but final action was deferred to a later meeting. The meeting was declared adjourned a6 ll:25 P. M, .. Respectfully submitted, Y. /sgd/ M. 0. EWALD City Clerk -~-~""~"~"""""""-~"*""~-* " MINUllBS OF REGULAR MEETING OF CARLSBAD CITY COUNCIL July 17, 1956 Meeting called to order at 7:02 P, M, by Mayor Castorena. "Present be- sides the Mayor were Councilmen Robinson, Helton, Baird, Ledgerwood; City Manager Nelson, City Attorney Smith, Police Chief Palkowski, Fire Chief Hardin. Absent, Clty Clerk Ewald, Vith the correction of Mr. Charles Forward's name on Page #1, Parage #8, of the minutes of the July'3rd meeting, the minutes were unanimously app roved. trlRITTEN COMMUNICATIONS. The following communications were read: I Letter from Mr, Roy Boyer of Personal Service Laundry, requesting that a change be made in the business license fee schedule affecting laundry trucks operating in Carlsbad, Cmn, Ledgerwood suggested Chat the City Manager answer Mr. Boyer's letter, advising him of plans to meet wlth Oceanside and Escondido City officials for the purpose of attemptmg to work out an equitable fee schedule during thepresent calendar year, Letter from Mr. John A. Hier, 1430 Forest, requesting refund of the un- used portion of a rezoning application fee. During discussion it was ' pointed out that the City had expended $3038 for publication of ode No- tice of Public Hearing, Crnn.' Helton moved that the unused portion of the application fee be retumed to Mr. Hier. Seconded by Cmn. Robinson. All ayes, motion carried, * I 'ZI -4 1-3 zm .==P 3 I I '21 Letter-from the Chamber of Commerce submitting bill for $125.00 of the allocation made to them in the budget, to cover the charge for the Cityqs ad in the ftprogress Edition" of the Oceanside Blade-Tribune Deferred until approval of the budget. Letter from A, A. Marron, dated July 13, applying for permission to change the terms of their Certificate of Convenience and Necessity, to allow pick-up. of trash once a week instead of twice, with no change 'in garbage collection schedule. Mr. Nelson explained that they propose to zone the City into five areas instead of the present three, the proposed change enabling them to work a +day week instead of the pres- ent 6-day week. City Attorney Smith reviewed the ordinance and stated that inasmuch as this change would directly affect the public, it would necessitate' holding a public hearing, stating that he had so in- formed Mr. Marron and he was agreeable as there was no lparticular ur- gency about the matter. Cmn. Robinson moved that a hearing be 'set for August 7th, 1956, at 7:30 F, M., on the request. of A. A. Marron for change in terms of their Certificate of Convenience and Necessity. Seconded, by Cmn. Helton. All ayes, motion carried, PARKS Et RECREATION COMMISSION. A memorandum from the Parks 8 Recrea- tion Commission was read, expressing great concern over the removal of two large rubber trees at Carlsbad Boulevard and Elm Avenue, in front of the Royal Palprs Inn, and requesting that a full investigation be made of the matter. ..'. City Manager Nelson explained that Mr. Allen Lange had taken out the trees at the direction of Mr. Lawrence Felt, owner of the Royal Palms, who assumed the trees were on his property; that'Mr. Lange had been called in and reprimanded for his negligence in not ascertaining ownership of the trees before commencing removal, and had promised to be more careful in the future, Comm. Pedley of the Parks @ Recreation Commission was present and stated all members of the Cornmi-ssion were quite shaken over the incident, several having received calls from distressed citizens. Mr. Westree, Park-Superin- tendent, stated that while it would be virtually impossible to re- place the trees in kind, or place a price -on them commensurate with their historic value, he was in favor of giving the incident some pub- licity to prevent any repetition in the future. The City Attorney stated the City would hdve recourse in one of several ways: (1) bringing civil action for damages, joining both parties as defendants; (2) filing a criminal action for destruction of public property, join- ing both parties; and (3) attempting by negotiation to secure some settlement in lieu of suit, possibly in replacement by suitable trees. After some discussion, Cmn. Ledgerwood moved that the matter be re- ferred to the Parks 6 Recreation Commission for their recommendation and report on what action should be taken regarding replacement of the trees, to be brought in to thenext Council meeting. Seconded by Cmn. Helton. All ayes, motion carried. The Mayor requested Cmn, Ledger- wood, in whose field such matters lie, to sit in on the meeting of the Parks Commission. St was suggested that the Planning Commission be asked whether any proposed street widening at that point would affect replacement of the trees. Representatives of the press, present at the meeting, were asked to give proper publicity to the incident. PLANNING COMSSIOK. City Manager Nelson reported that the Planning Commission is setting up a special meeting between a sub-committee and a committee of three Highland Drive residents to discuss proposed zon- ing of the Highland Drive area. HARBOR COMMISSION, City Manager Nelson reported on a meeting IJith -the Chief Administrative Officer, the Assistant CAO, and Dr. Miller, at- tended by Max Ewald and himself, at which ways and means by which the County cduld assume the $5500.00 engineering cost for Agua Hedionda Harbor were discussed. He stated it had been agreed that the Chief Administrative Officer would write a letter to the Board of Supervisors advising them that the County could enter into a contract with Mr. R. I,. Patterson, substantially along the lines of the contract between the City of Carlsbad and Mr. 'Patterson, in which event the City's contract with him could be cancelled; that the only way the County can pay the $5500.00 is by entering into a contract with Mr. Patterson, He stated the letter has been sent to the Board, and their reply is now awaited. LIBRARY COMMISSION. No report, POLICE DEPARTMENT. City Manager Nelson reported that the Police De- partment no longer has use for the 3-wheel motorcycle donated to them i I 1 4- ,. .. . .. ... . . . .. . . . .. .. .. .. . by -Roy Baird of - 4-1 Garage , .and. wish&s"toCoffer 'same back to Me-. Baird. City Attorney !?h&~h stated.he had'n'de looked'.into the matter but there may be legal requirements for disposing of City property that, would have to be met. Cmn. Robinson moved that, subject to review of legal counst51, the City offer the 3-wheel motorcycle back to the donor, with its thanks. Seconded by Cmn. Baird. All ages, motion carried. Elr.'.Nelson further reported that the Oldsmobile police unit is becoming quite a .maintenance problem and the Chief would like th approval of the Counc,il' to trade the vehicle in on a new police unit (inc3uded in the 1956-57 proposed budget) as soon as possible. After discussion, Cmn. Baird moved the adoption of Resolution #211 authorizing the Police De- partment to trade in the Oldsmobile on a new.-Chevrolet police unit; an d approving that, portion of the budget authorizing the purchase of one police vehicle. Ayes, five; nays, none; absent, none. Resolution adopted. .. I. Police Chief Palkowski reported that Auda L. Everette had been hooked at Oceanside City Jail for violation of City Ordinance No. 9005; that the complaint had been prepared by the City Ateorney and signed by him- self (Chief Pallowski) on information and belief, and bail set at $100.00, arraignment to take place \?edneSday morning at IC A. M. He added that a second charge, violation of City Ordinance #3015 - re- straint of dogs - had been filed simultaneously a.gainst the defendant, growing out ' of a dog bite. The City Attorney "explained that in event of continued non-compliance, a second criminal action may be filed,' and then, finally, a civil action. FIRE DEPARTMENT. Mr. Nelson stated that the Fire Department would like to add a refrigerator to their budget to replace their present one, which has worn out beyond repair. Defer'red until further discussion on the budget . PUBLIC WORKS DE:PAKTMEST. Mr. Anthony gave a detailed report on the progress of the sewer extension proposal on Elm, Elmwood, Oak and La- guna, stating that a total of 4000 feet had Seen subscribed out of an estimated total of 5900 .feet for the extension. He named an estimate of $30,000 for the project, provided a contract could be let for the entire job, stating that there would be approximately $6,000 worth of man-holes, The City ?!an&ger stated that In addition to the $12,000 pledged, the Ctty has about $10,000 in the revolving fund which could be applied, and suggested that the Council may want to again appropri- ate funds for Chis purpose out of the 1.956-57 budget. The possibility of eoing the :iro,rk under a l9ll Improvement Act was discussed, but the City Attorney emphasized the excessive cost of such proceedings over voluntary subscription (in some cases 173$), pointing out that 1911 Act proceedings were appropriate on curbs, storm drains, and similar pro- jects where voliuntary contributions could not be solicited, but that every effort sh,ould be made toconst,ruct sewer extensions by voluntary means. Mr. Ant:hony stated he felt confident of obtaining another $3000 in pledge;s, and it was decided to defer 'any action until the next meeting and see what can be developed. Mr. Anthony asked permission to dispose of 10 valves of assorted sizes to a firm in Escondido constructing an irrigation project. Cmn. Rob- inson moved that the Public Works Director be authorized to dispose of the valves in question, subjedt to the advice of the City Attorney. Seconded by Cmr-. Helton. All ayes, motion carried. Cmn. Robinson reported that he had hsd several phone calls and three personal calls regarding the odors from the Sanitation plant. Mr. An- thony stated tkii3t he has been assured that after 90 days, when the processing has settled to normal, there will be nG nore odors. He stated that t;he;y had taker, doxn 208 pouncrs of lime and dusted over the lagoon recently. There was a brief discussion regarding gnats and mos- quitoes on the lagoon, Yr. Yelson pointing out that due to the fact tl-iat 'most of the area is privately owned, there are many legal angles to be considered in initj-ating insect control. Proposed Ordinance #3019, amending Ordinance #30C5, prohibiting parkiug on Adams at the south end on week-ends and holidays, was brought 'up for s'econd reading. Cmn. Robinson moved the adoption of proposed Ordinance #3019. Seconded by Cmn. Baird. Five ayes, no nays, ordinance adopted. Second reading was given proposed Ordinance #9051, imposing fees for checking improvement plans. Cmn. Robinson moved the adoption of Ordin- ande #9051. Se(:onded by Crnn. Helton. Five ayes, no nays, Ordinance 2 adopted a Resolution #212, urging the U. S, Government to give priority to' Cerls- bad Harbor for engineeri.ng by Army Engineers, was read, Crnn. Robinson moved- the adoption- of Resolution #212. Seconded. by Cmn. IJeIton. Five ayes, no nays, resolutj.on adopted. Proposed Ordinance #8007, repealing Ordinance #8005, and adopting the Uniform Building Code, 1955 Edition, was explained by City Attorney . Smitll as making very little change in building regulations from the present ordinance. He stated it had been adopted by over 500 Cities. Curing discussion, the City Attorney recommended that, the Council give consideration to establishing fire zones in the City of Carlsbad, which would involve merely drawing a map, inhicating on same the fire zones, and attaching the map to the ordinance and adopting it by refer- ence. Fire Chief Eardin commented that every City in the County except Carlsbad has fire zones. The City Attorney also stated that Mr. Ewald would like to have the Council consider adoption of the Western Plumb- ing Coda, Cmn. Robinson expressed himself as being strongly in favor of adopting the Western Plumbing Code, and felt that other plumbers should be contacted as to their ideas. After some^discussion, Crnn. Iie1ton was asked to arrange a conference of plumbers working in the City to discuss the matter, with City Manager Nel-son and Mr. EwaPd sitting in. 1-.5 + It was decided to defer action on proposed.0rdinance #8007 until the &I.) 33 next meeting to give an opportunity for Mr. Nelson and Ilr. Ewald to con- d. fer on same. =?.q LJ After a 20-minute recess, the Council was reconvened a% 9:45 P. 1.1. Mr. Nelson summarized a letter from Fred %nd Carol Huntington soliciting City assistance in accomplishing an extension of the sewer to their property on Magnolia Avenue just east of Pi0 Pic0 (Lot 1-3, Block B, Re- subdivision of All-es Avocado Acres) stating that they are willing to pay the line cost. for their 12s1 frontage but that efforts to interest ad- jacelit owners in extending the sewer had been unsuccessful. After dis- cussion, Crnn, Robinson moved the adoption of Resolution #213, that the City eo-operate with Mr. and PIrs. Fred Huntington in their effonts to accomplish extension of .the sewer to their property on Magnolia Avenue. Seconded by Crnn. Ledgerwood. Five ayes, no nays, resolution adopted. Cnln. Robinson moved approval cf the bills, in the amount'of $7,495.51, up to and incl..uding July 17, 1956, as certified by the Director of Fi- nance and approved by the Auditing Committee, Seconded by Cmn. Baird. All ayes, motion carried. Cmn. Robinson moved ratification of payment of 'the payroll for the first half of July, 1956, as certified by the Director of Finance and appr0ve.d by the ,Auditing Committee, Seconded by.Cmn. Raird. All ayes, motion carried. Referring back to the Fire Department request; to add to their budget the cost of a new refrigerator, Chief Hardin estimated that an appliance of the type required, with considerable freezer space, can be purchased for $200.00. After diseussi-on, Cmn. Robinson aoved the adoption of Kesolu- tion #214, to include in 'the budget of the Fire Department the purchase of a refrigerator, in the amount of $200.00 or less. Seconded by Cmn. IIelton. Five ayes, no nays, resolution adopted. There was further discussion on the proposed 1956-57 budget, but action was deferred to a later meeting. The meeting was declared adjourned at 11:45 P, M. Respectfully submitted, v /sgd/-M. 0. EWALD, City Clerg """"""""""""""""""- MINUTES OF REGULAR 3iEETING OF CARLSBAI) CITY COUKCIL ;l?S 6 "" Meeting called to order at 7:05 P. PI. by Mayor Castorena. Present be- sides the Mayor were Councilmen Robinson, Ledgerwood, Helton, Baird; City bianager Nelson; City Attorney Smith; Director of ?ublic Works An- thony; Police Chief Palkowski; and Fire Chief Hardin,