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HomeMy WebLinkAbout1956-12-04; City Council; MinutesI 3 -4 3 x 4 3 1 I 4 The meeting was declared adjourned at 1O:lO P. M. V L'&* espectfull submitted, NATALIE VEKLNILYEA Deputy City Clerk y _""""""""""""----------cI HINUTES OF REGULAR MEETING OF 'CARLSBAD CITY COUNCIL December 4, 1956 Meeting called to order at 7:05 P. M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Helton, Baird, Robinson and Ledgerwood; City Manager Nelson, City Attorney Smith, Public Vosks Director ,Anthony, Police Chief Palkowski, Fire Chief Hardin (9:30 P. F4.1 . Cmn. Eielton moved approval of minutes of the regular meeting of November 20th as corrected. Seconded by Cmn. Robinson. All ayes, motion carried. WRITTEN CORRESPONDENCE. (1) Letter from Everts e Esenoff, accompanying annual audit report, making a number of .recommendations to improve the City's records and ac- counting system. City Manager Nelson stated he would like to discuss these recommendations with the Oirector of Finance before making any suggestions to the Council, except that he would like to have the Council consider in next year's budget the hiring of an accountant, as suggested by Everts & Esenoff. After some discussion, Cmn. Robinson moved that the recommendations set forth by Everts b Esenoff in connection with the audit be followed as.soon as practical, and that those which can be ac- complished prior to the hiring of an accountant be done as soon as poss- ible. Seconded by Cmn. Helton. All ayes, motion carried. (2) Letter- from the Chamber of Commerce recommending that the Council reconsider the problem of beach maintenance and include an item in the next budget for clean-up between the annual Spring Clean-up and the end .of the season. Mr. Nelson stated that he had discussed with Mr. Paul Eckes and the San Diego Gas & Electric Company the matter of allowing public use of the strip west of Carlsbad Boulevard between .the inlet and outlet of Agua Hedionda lagoon, and both are agreeable, which would give the City a legal right to clean up the area, install trash cans, etc. He stated that in the case of the area north of the State Park, particu- 1arly.vacant property, it was felt that the best policy is to encourage people to avoid it, referring them to the public beach further south; that it is the responsibility of property owners to keep the beach clean and prevent it becoming a public nuisance. <. The City Attorney recommended amending the rubbish ordinance (Ord. #5010) to enable the City to perfect a tax lien against the property as secur- ity for public funds expended in cleaning. Further discussion was deferred to permit opening of a scheduled 7:30 P. M. hearing on the Zimmermann-Schlagel public. nuisance. Mayor Castorena opened hearing on the Zimmermann-Schlagel public nui- sance, cont'inued from November 20, 1956. Mr. Banta from the County Health Department vas present and stated he had been over the Highland Drive property. and found that most of the requirements had been met, but that on the Basswood-property nothing had been done. City Attorney stated that Attorney Charles Stevens, counsel for the defendants, had telephoned him that due to illness he .would not be able to appear, and requested that a 30-day continuance be granted to allow time for razing all buildings. on the Basswood property except the "studio", and bringing that building up to standard. Mr. Banta was asked whether granting such a continuance would meet with the approval of the Health Department, and st.ated that in view of the progress being made, the Department would be agreeable to a 30-day extension. Cmn. Helton moved that the hearing on the Zimmermann-Schlagel public nuisance be adjourned to Jqnuary Znd, at 7.:30 P. M. Seconded by Cmri. Ledgerwood. All ayes, motion carried. Di;scus sion was resumed on the proposed amendment to Ordinance #solo. Cmn. Helton moved that City Ordinance #SO10 be amended as suggested by the City Attorney and City Manager. -Seconded by Cmn. Ledgerwood. All ayes, motion carried. By common consent the City Attorney was requested to prepare permits for submission to Mr. Eckes and San Diego Gas.& Elec- tric Company, allowing public use of the property above-mentioned. (3) Letter from the Chamber of Commerce requesting that work on Elm Avenue be delayed until after the Holidays on account of inconvenience to Christmas slhoppers. Mr. h'elson explained that under the terms of the contract construction must begin before December 19th and be com- pleted within SO days from starting date, and that any postponement in starting date would have to be approved by the State. He stated that undoubtedly a week or more would be consumed in taking out trees before the street is torn up. By common consent, the City Manager .was in- structed to approach the contractor re: possibility of delaying the work until January 2nd. (4) Letter from General Petroleum Corporation requesting permission to construct four.35' concrete approaches to their proposed service sta- tion at Elm and Madison, two on Elm and two on Madison, and asking that the City assume responsibility of grading and surfacing of Madison Street to meet theccurbs and gutters which they will install. Since the City Ordinance allows only a 30' width for commercial driveways, a figure arrived at after considerable study and research, it was gen- e erally felt that either the ordinance should be strictly adhered to as written, or amended if further' study indicates a 35' width more prac- tical. Mr. Pothe, engineer for General Petroleum, was present and ar- gued that although the City of San Diego has a similar requirement' (30') his company has had no difficulty whatsoever in obtaining permission to construct 35' approaches in numerous cases; and that the width asked for is within the restrictions of the Division of Highways. He point- ed out that hie; plans allow far in excess of the 161 minimum width be- tween driveways. After consideraLble discussion, Cmn. Ledgerwood moved that the variance as applied for be granted. Seconded by Cmn. Baird. Cmn. Robinson cit- ed other cases in the City in which builders were restricted to the 30' width for driveways allowed by the ordinance. After further discus- sion, during which it was agreed that further study should be given the matter, the mot.ion was withdrawn with consent of the second. By common consent it was agreed that the City Manager, Public Works Director, and Councilmen Helton and Robinson act as a study gonmittee to review the ordinance and bring in a recommendation at the nkxt regular meeting on December 18th as to whether same should be revised. Cmn. Robinson moved that the request for City surfacing and grading of Madison Street be granted at the discretion of the Public Works Director. Seconded by Cmn. Ledgerwood. All ayes, motion carried. After a 15-minute recess, the Council was reconvened at 9:lO P. M. PLANNING COMMISSION. Memo from the Planning Commission was read, re- commending that the Council consider acquiring thcj services of an ar- chitect to provide advice and information and participate in prepara- tion of the master plan, upon assurance of future employment. After discussion, by common consent the City Manager was asked to look into the matter of slecuring an architect on the basis recommended by the Planning Commission. PUBLIC WORKS DEPARTMENT. The City Manager reported that the cngineer!s estimate of the cost of a pumping station and high pressure line to provide sewage disposal for the Carlsbad Highlands area is $20,000.00, with cost of the collection system depending upon the number of people to be served, but probably in the neighborhood of $3 .CO per front foot . There was considerable discussion on the possibility of employing 1911 Improvement Act proceedings to finance the project. Cmn. Robinson pointed out that the septic tank and drain field requirements for t.hat area runs around $700.00, as against Mr. Crull's figure of $400.00, so that even with the additional costs involved in a 1911 Act proceedings, the total cost to owners would be no higher. Other areas were men- tioned where citizens were willing to,cicculate petitions for formation of an improvement district for sewer construction. The Council was asked to decide on what percentage of owners should be required on the petitions, allowing for some having a change of heart, 51% being neces- sary to perfect the proceedings, and agreed that at least 60% should be required. After considerable discussion, during which the City Attor- ney outlined the! procedure to be followed in initiating 191l Improve- ment Act proceedings, Cmn. Helton moved that the City Manager be auth- orized to have petitions prepared for circulation, to carry out 1911eIm- provement Act for sewer construction in the entire City, the petitions to contafn signaltures of at least 60% of the propepty owners. Seconded by Cmn. Ledgerwood. All ayes, motion carried'. HARBOR COMMISSION. Memo was read submitting the following names for I i 5- : consideration for appointment to the Harbor Commission to fill vacancies caused by expiring terms of Shaler Ladd and Cal Young: Allan Kelly, Paul Ecke, Paul Ecke, Jr., John Grant, C. H, Patterson, Glenn Feist, Ed ProUt, Barbara Lang Hayes, Val Lebedeff, and Bill Baldwin, The name of A. H. Glissman was submitted .by the Sportsman's Club, Since these per- sons had not been contacted as to whether they would be willing to serve, the Mayor was authorized to contact the individuals and submit appoint- ments to be ratified by the Council at its next meeting. The Council agreed that the ordinance governing the Harbor Commission should be brought into conformity with those covering other Commissions, by amend- ment giving the Mayor authority to make appointments and submit same for approval of the Council; and by common consent the City Attorney was =instructed to prepare such an amendment. Memo was read recommending that .the City send three representatives (City Clerk Ewald, Harbor Commissioner Walters and Engineer Patterson) to the Senate Interim Committee meeting in Santa Barbara on December 6, 1056. Cmn. Robinson moved that. the trip to Santa Barbara be approved, with Cmn, Baird to be included in the group, Seconded by Cmn. IIelton. All ayes, motion carried. Arrangements were made to use the City offi- cial car, leaving at 5:OO A. Ma and returning the same night.. PARK & RECREATION COIfiISSION. Memo from Park Superintendent Westree was read, advising of the Tree Committee's recommendation that the High ) School District's request to remove certain palm, walnut and tamarack d trees at the site of the new h.igh school be granted, taking into con- ' sideration their agreement (contained in Mr. Gabriel's letter) to re- i place same with an equal or greater number of trees. Cmn. Robinson i moved that the recommendation of the Park & Recreation Tree Committee be approved and accepted. Seconded by Cmn. Ledgerwood. All ayes, mo- ti on carried , FIRE DEPARTMERT. Monthly report for month of November, 1956, was passed to Councilmen, listing activity as follows: I. FIRES: Structural , , . , , . . 3 Grass , . , . , . . ,-, , .a, . 2 Automobile . , . , , . .* '. 2 Power pole . . . . , . , . 1 Total . . .8 RESUSCITATOR CALLS .- , , . . , . . 2 ' Attendance at alarms , . . . .' . -11 Drill meetings . . . , . . . 3 Business meetings . . . . , , . . 1 Attendance at meetings , . . . . .13 Fire Chief Hardin was present and requested that the $3000.00 item in the current budget for tool shed and locker rooms be transferred to the salary account to.parmit the hiring of one additional fireman on Janu- ary 1st or as soon as available, to make possible a better working. schedule;, pointing out that the four firemen are now working 86 hours peraweek, whereas employment of-an additional man will allow a 76-hour work week, with the rexief man working 56 hours per week. City Manager Nelson recommended employing the additional fireman, to be accomplished by transferring sufficient funds from the Capital Outlay Fund to the Fire Department. After some discussion,. Cmn, Robinson moved that suf- ficient funds -be transferred from Capital Outlay to the Fire Department termined by the City Manager, Seconded by Cmn. Helton. All ayes, mo- tion carried. POLICE DEPARTBENT. Monthly report for November, 1956, was passed to Council members, 1.isting activity as follows: I ' for the purpose of hiring one additional fireman, ,at a time to be de- 0. Arrests , . . , , . . . . 20 Traffic citations . , . . 50 Accidents . . , , . .. . . . 8 General Gases . . , . . . 161 UNFINISHED BUSINESS, Second reading was given proposed Ordinance #6015-A, raising card room limits from $2.50 per table to $5.00 per table. Cmn. Baird moved the adoption of Ordinance #6015-A. Seconded by Cmn. Helton, Five ayes, no nays, -Ordinance adopted, *e. w $3 Title and number of proposed Ordinance #800p, adopting the Uniform Building Code:, was read, constituting second reading. Cmn. Helton moved adoption of Ordinance #8007. Seconded by Cmn. Ledgerwood. Five ayes, no nays:, Ordinance adopted, Mr. Nelson stated'that eight copies of the contract between the County .Board of Supervisors and Mr. Patterson for engineering services have been received and will be taken by Mr. Ewald to the Santa Barbara meet- ing to secure Mr. Patterson's signature; and that at that time he will be asked to sign the agreement rescinding the contract with the City of Carlsbad. The! agreement was read in full by Mr. Nelson. Cmn. Baird moved that the Mayor be authorized to sign the agreement rescinding contract with Mr. Patterson, to be taken to Santa Barbara to secure Mr. Patterson's signature simultaneously with the signing of the contract with the Supervisors. Seconded by Cmn. Helton. Alyayes, motion car- ried. The Council discussed at length the pr.oposed methods of acquisition of the Carlsbad Nutual Water Company and Terramar Water Company, much dis- cussion centering around the advantages and disadvantages of the script proposal. 1 The City Attorney pointed out that unless paid solely out of revenues, the script proposal would require a two-thirds vote of the people; also, that application of coupons toward water bills could be- come very complex administratively. He suggested the possibility of set.ting up an'annual redemption schedule instead of allow.ing applica- tion against water bills, as a means of simplifying administration. Regarding Terramar ,Water Company, it was suggested that a figure be ar- rived at which would be in exact ratio to the appraised valuation as the amount offered the Carlsbad Elutual Water Company. The Council agreed that further study should be given the matter, and the City Man- ager was asked to reply to the Carlsbad Mutual Water Company letter, advising that the City is not yet ready to take any action, pending ad- ditional study. Mr. Nelson rea,d proposed Resolution #230, expressing the Cityts appre- ciation to Byrl Phelps for assistance-and services rendered (engineering) during the past 44 years. Cmn. .Hqlton moved the adoption of Resolution #23O, Seconded by Cmn. Baird. .Five? aye-s,. no nays, Resolution adopted. The City Attorney stated he had had a call from Judge Cottingham advis- ing that the Oceanside City Council will probably take some action in regard to the Swo-courtroom gispute,* and suggesting that if agreeable, the Carlsbad Council take parallel action. After some discussion, it was agreed to 'adjourn to Friday," December ldth, at 7:OO P. M., for this purpose Cmn. Baird gave a brief report on the Water Conservation Committee meet- ings he has attended, and passed around an outline prepared by the Com- mittee setting up various committees, sub-committees arid working units within the program. Cmn. Baird moved payment of bills from November 20th to December 4th, inclusive, in the amount of $5,644.08, as certified by the City Manager and approved by the Auditing Committee. Seconded by Crnn. Robinson. All ayes, motion carried, Cmn. Baird moved ratification of the payroll for the last half of Novem- ber, in the amount of $4849.58,. as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Ckn. Robinson, All ayes, motion carried. At 11:lO P. M. ihe meeting was declared adjourned to December 14, 1956, at 7:OO P. M. .D_ .O. .. V .. spectfull ubmithd, Ezz%-k,,,YEA*, & Deputy City Clerk -"""_"_"""-_"""""_"__" '. ....- MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL D-ecember 18, 1956 Meeting called to order at 7:OO P. M. by Mayor pro tern Ijelton, in the absence of Mayor Castorena. Present besides the acting Mayor were Councilmen Baird, Robinson and Ledgerwood; City Manager Nelson, city