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HomeMy WebLinkAbout1956-12-18; City Council; Minutesw ,"% 5 *j & Title and number of proposed Ordinance #8007, adopting the Uniform Building Code, was read, constituting second reading. Cmn. Halton 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 Nayor 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. Alqhyes, motion car- ri ed. The Council discussed at length the pr.oposed methods of acquisition of the Carlsbad Mutual Water Company and Terramar Water Company, much dis- cussion centering around tlk advantages and disadvantages of the script proposal, ,, The City Attorney pointed out that unless paid solely out of revenues, ths script proposal would require a two-thirds vote of the people; also, that application of coupons toward water bills could be- c,ome very complex administratively. Iie suggested the possibility of setting 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 Mutual 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. Nr. Nelson read proposed Resolution #230, expressing the City's appre- ciation to Byrl Thslp for assistance .and services rendered (engineering) during the past 44 years. Cmn. .Hqlton qovec! .the adoption of Resolution #23O, Seconded by Cmn. Raird, .Five aye-s,; no -nays, Resolution adopted. The City Attorney stated he had had a .tali from Judge Cottingham advis- ing that the Oceanside City Council will probably take some action in regard to the two-courtroom dispute,. and suggesting that .if agreeable, the Carlsbad Council take parallel action. After some discussion, it was agreed to adjourn to Friday,, -.. December 14th, at 7:OO P. M., for this purpose , Cmn, Raird gave a bri$f 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 axid 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 Cmn. 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 A.uditing Committee, Seconded by Cmn. Robinson. All ayes, motion carried. At 11:lO P. It, the meeting was declared adjourned to December 14, 1956, at 7:OO I?. M, %F&& spectfull . ubmitbd, NATALIE YEBPIILYEi~. Deputy City Clerk V .. .i ""I""""""""""""""-" ... >OFTMEETING OF CARLSBAD CITY COUNCIL " D-ecember 18, 1956 Me2ting calied to order at 7: 00 P, M. by Mayor pro tern IIelton, in the absence of Mayor Castorena. Present besides the acting Mayor were, Councilmen Baird, Robinson and Ledgerwood; City Manager ~~lson, city 5.. p ,' al Attorney Smith, Pub1 ic Works Director Anthony, Police Chief. Palkowski. Absent, Mayor Castorena. Cmn. Baird moved approval of the minutes of the meeting of December 4th as transcribed. Seconded by Cmn. Robi.hon. All ayes, motion-carried. WRITTEN CORRESPONDENCE . (1) Application of Leonard Nevares for on-sale beer license. Application later withdrawn so no action taken. (2) Letter from Traffic Safety Council enclosing fact sheet, requesting temporary contribution to carry on program from Janua.ry, 1957, to July, 1957, and that an item be included for this purpose in the 1957-58 bud- get. Mr. Nelson stated that in accordance with their request that two members be appoilrted to serve on the Board, he had asked Joe Piper and Police Chief Palkowski to act as Carlsbad representatives and both had agreed. Police Chief Palkowski was asked to comment on the. work of the Council and stated he felt the program is very worth while and merits the support requested,. After some discussion, Cmn. Baird moved that $200.00 be allocated to the County Traffic Safety Council in support of their safety prograi. Seconded by Cmn. Robinson. All ayes, motion carried . Cmn. Baird moved that the appointments of Joe Piper and Police Chief Pal- kowski to serve on the County Traf.fic Safety Counc-il be ratified. Seconded by Cmn. Robinson. All ayes, motion carried. (3) Letter from the County Board of Supervisors asking support of pro- posed legislation (San Diego Metropolitan Transit Authority Act). By common consent the City Attorney was requested to obtain a copy of the proposed legislation for study. City Manager Nelson seated that he and Flayor Castorena had met with the Mayor of Tijuana and arranged to hold the next League of CalifoGnia Cities' meeting in Tijuana on January 18, 1957; and that the American Consul and the Mayor of Tijuana will address the group. PLANNING COMMISSION. (1) Copy of letter from the Carlsbad Chamber of Commerce supporting es- tablishment of a Buy and Save Market in Carlsbad, and favoring the re- quested rezoning. No action by the Council. Chairman Swirsky of the Planning Commission was present and announced a meeting being called by the Community Center Survey Committee on Decem- ber 27th, out of which it is hoped will come ideas which can be crystal- lized into a sound program. Xeporting on the joint meeting held with representatives of the San Diego Gas & Electric Company and other property-owners of South Carlsbad re: zoning for the lagoon area, Mr. Swirsky stated that the feeling of City officials. was against allowing the U-zone requested by the Gas Com- pany on account of the lack of control by the City over the type of util- ity operations which night be developed under that classification; but that it is now proposed to proceed through a small committee composed of Planning Commission meabers, Mr. Kalicka, and Council members if the Council so desires, to work with top Gas Company" officials to see what . can be worked out, possibly in the way of some type of conditional use permit. After some discussion, the City Manager was instructed to con- tinue to attend the meetings, and- the Council thanked Mr. Swirsky for the thorbughness of the Commission's work and for his informative report. (2) ! Memorandum from the Planning Commission.recommending that the City undertake studies and negotiations toward acquisition of a 70-acre por- tion of the Mosp Lands for park and recreation purposes, as recommended by Gordon Whitnall €? Associates and approved by the Park b Recreation Commission. Chairman Swirsky gave further details on the discussion in the Planning Commission, stating that the planning consultants are mak- ing this recommendation in the Master Plan to come before the Council soon. Crnn. Robinson moved that the City Manager be instructed to look into the recommendation of the Planning Commission re: acquisition of a portion of the Hosp Grove. Seconded by Cmn. Baird. All ayes, motion carried . (3) Memorandum recommending granting of condition'al us; permit to the Scout Center ManageaenC-i.Committee for operation of the Scout Center at a location. on Eureka Place adjoining Holiday Park; and that the applica- tion Eee paid by applicant be refunded, in view of the non-profit and benevolent nature Of the Scout organization. Cmn. Baird moved that the qr 40.3 Cquncil grant a conditional use permit as requested, subject to the re- servations set forth in the recommendation: (1) that the permit be temporary in nature, reviewable at time of consideration of the Master Plan of the City of Carlsbad; and (2) that the structure be placed on some type of base rendering it removable if required. Seconded by Cmn. L&dgerwood, All ayes, motion carried.' Concerning the refund of appli- cation fee, the City Attorney stated that same could not legally be re- funded, but suggested that the Public Works Department might give as- sistance to' the Committee in their relocation operations, PUBLIC WORKS DEPARTMENT. (1) Letter from C. D, McClellan urging that the Council explore the possibility of using the 1939 Municipal Sewer District Act as a means 0' financing sewage disposal for the Carlsbad Highlands area, before def- initely deciding on a 1911 Improvement Act proceedings for this pur- pose, setting out nine disadvantages of employing the 1911 Act for pub- lic improvements. The matter was discussed at length, the City Attorne: outlining' three types of financing which might be used: (1) an assess- ment type of proceeding (cash, no election required); (2) general obli- gation bond; and (3)"revenue type proceedings; remindingthe Council that there are inequities in any of the three types, Mr. Nelton seated that petitions are already prepared and ready for circulation, and it was pointed out that the proceedings hay be halted at any time if deemed unfeasible. VARIANCE - DRIVEWAYS - GENERAL PETROLEUM COMPANY. Mr, Nelson reported that a check by the study committee indicates 'that the City of San Diegt is revising its requirements on width of commercial driveways from 30 tc 35 feet; and that it is the recommendation of the committee that the policy *of the City be revised to provide for 3.5-foot driveways. After discussion, Cmn. Robinson moved that the City's policy be changed to provide a 35-foot width for commercial driveways, or 30 feet from the bottom of the transition, Seconded by Cmn, Baird. All ayes, motion carried. Mr. Xelson stated other affected parties have been or will be apprised of the change in requirements. Mr. Nelson stated he had discussed with the State Highway Engineer the possibility of using the gas tax allocation of approximately $2000.00 toward employ~ment of a man to establish grades in the City; that he had '. checked on a 'qualified man moving here from Sacramento for reasons of family health, and found him to be well recommended; that he recommend- ed to the Cou~ncil that a prdposal for using gas tax funds for this pur- pose be submitted to the State for its approval. After disaussion, .. Cmn. Robinson moved that the recommendation of the City Manager re: re- questing approval of the State for use of gas tax funds to hire a man 'to establish grades, be accepted, Seconded by Cmn. Ledgerwood, All ayes, motion carried. HARDING STREET, LINCOLN STREET IMPROVEMENT . Mr . Anthony presented plans prepared by Byrl Phelpst office for improveEent of Harding Street from Elm Avenue to Oak Avenue, and. Lincoln Street from Carlsbad Blvd. to Pine Avenue, proposed to be partially financed by gas tax funds. Mr. Nelson explained that it would not be proper to expand gas tax funds on a residential street, except for curbs.and extra width and thickness of paving; that property-owners should pay for the improvement on a volun- tary contribution basis. Cmn, .Robinson moved that the City Manager and Public Works Director be authorized to advertise for bids for improve- ment on Lincoln Street from Carlsbad Boulevard to Pine, and on Harding Street from E1.m to Oak, and to proceed to the extent contributions can be obtained. Seconded by Cmn. Baird, All ayes, motion carried. ..I. .. . CANNON ROAD INTERCHANGE, Mr. Nelson reported that Mr. Dekema of the Division of Highways had advised that if the Freeway is changed, an.in- terchange gill be required at the take-off point; therefore they could not put one at Cannon Raad; but that nothing definite will be decided until the High.way Commission approves the new route. CITY HALL ANRJEZ. The City Manager reported that workmen are remodeling the building and grading the parking lot, and that a walk will be put ' in front and also from this building to the annex. Asked if an amend- ment to the ordinance will be required to permit the Council to meet in the annex, the City Attorney'stated if the house number is removed and the Annex.g$ven the City Hall address of 2960 Pi0 Pic0 Drive, no-change will be re'quired. PURCHASE OF FEDERAL SURPLUS ITEMS. Mr. Nelson reported that the City had purchased one Ford Sedan, 1951, a typewriter, and file cards, at a total cost of $109,50; and had ordered two 1951 Chevrolet ;-ton pick-up trucks I. 23 l-4 a e e 2 I I c I at $110,00 each. AERIAL HAPS. It was reported that aerial maps with contours, consisting of 14 sheets to the set, had been received; and that it would be poss- ible to recover cost of the maps by selling prints at $5.00 per sheet or $60.00 per set of 14 to,surveyors, subdividers, utilities companies, etc. After discussion, Cmn. Robinson moved that sale of the maps at $5.00 per sheet or $60.00 per set of 14 sheets be authorized. Seconded by Crnn. Ledgerwood. All ayes, motion carried, After a 15-minute recess, the Council was reconvened at 9:30 P. M. It was agreed to hold ratification of two appointments to the Harbor Commission until the next meeting so that Mayor Castorena could be present. Xr. Nelson announced the annual meeting of the California Maeine Parks 6 Harbors Committcq,, to be held at Newport Beach on December 20, 1956, at whit-h the City will be represented by City Clerk Ewald (a director) , Harbor Commissioners \falters and Christensen, and Councilman Baird. PARK b RECREATION COMMISSION. Mr. Nelson reported that the Mexican- American Association has offered to construct and present to the City a barbecue at Holiday Park, to be built out of the same type of blocks as used in the rest-room building. The Council expressed its appreciation of the offer. It was decided to defer further discussion on the letter from the Carls- bad Mutual Water Company to the next meeting. Cmn. Robinsor. commented that Director Ingalls of the Kutual had contacted Frank Smith and Blmer Pedley, shareholders in the conpany,. aqd found them violently opposed to the scrip idea put not 0ppose.d to sale of the Company, possibly through a bond issue. XI-. Nelson reported that a chemical is being used 'in the sewage treat- ment plant which seems to be quite effective in reducing the unpleasant odors . Proposed Ordinance #6006 fixing licenso fees for laundry trucks coming into Carlsbad at $100.00 per year, was read in full. It was pointed out that this is the same charge assessed against Carlsbad laundry trucks going into 0ceansid.e. Cmn.. Ledgerwood moved adoption of proposed Ordin- ance #6006. Seconded by Cnn. Robinson. Four ayes, no nays, Mayor Cas- torena absent, Xosolution #23l., applying for Chapter+ #2@ funds in the amount of $&0,413.7 used in the installation of the Elmwood-Basswood sewer extension, was read. Cnn. Robinson moved the adoption of Resolution #231. Seconded by Crnn. Baird. Four ayes, no nays, Mayor Castorena absent. .. Resolution #232, applying for Chapter #47 Funds in the amount of $62'7.50, covering engineering costs on the Elmwood-Basswood sewer extension, was read. Cmn. Ledgerwood..moved adoption of Resolution #232. Seconded by Cmn. Robinson, Four ayes, no nays, Mayor Castorena absent. Mr. Nelson passed to Councilmen sample annual reports of other' cit'ies, and there was discussion re: the possibility of the C,ity of Carlsbad get- ting out an annual report to the citizens. Ey common consent the City Manager was instructed to pursue the matter and present facts and figures at the next meeting. Resolution #233, accepting dedication of 'a drainage eascmpnt to the City from the Army-Navy Academy, was read. The City Manager explained that this easement was granted to permit installation of a drain-pipeline at the junction of Buena Vista Lagoon and the Pacific Ocean, half the cost of which is to be paid by Oceanside, in connection with the mosquito, abatement program. Cmn. Robinson moved adoption of Resolution #233 as read. Seconded by Cmn. Ledgerwood. Four ayes, no nays, Mayor Castorena absent ,? Resolution adopted . The City Manager submitted a.samplc Christmas card prepared by a local print shop, for mailing to each of the Cities in the County, and to the Board of Supervisors. Crnn. Baird moved authorization of payment of bills from December 4th to 18th, inclusive, in the amount of $3,178.45, as certified by the City Manager and approved by the Auditing Committee. Seconded by Cmn. Robin- son. All ayes, motion carried. Cmn. Baird moved ratification of the payroll forthe first half of Decem- ber, in the amount of $5574.02, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Robinson. All ayes, motion carried . The meeting was declared adjourned at 10:15 P. Me a$- Kespectfu y subniitted, NATALIE VERMILYEA v 0, Deputy City Clerky _""""""""""""__""""" (out of MINUTES OF~,ADJOURNED MEETING OF CARLSBAO CITY COUNCIL sequence) December 14, 1956 Meeting called to order by Mayor Castorena at 7:OO P. M. No legal quorum being present, the Mayor declared the meeting .adjourned at 7:15 P. M. v &sfyy& subm-it, ed, "-7 NATALIE VERMILYEA Deputy City Clerk i. I""""""""""""""._."""_ MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL January 2, 1957 Meeting called to order at 7r00 P. M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Robinson, Baird, Ledgerwood, Helton; City Manager Nelson, Public Works Director Anthony, City -Engineer Kubota, Police Chief Pal.kowski . Cmn, Robinson moved that mhutes of the meeting of December 18, 1956, be approved as writ,ten, Seconded by Cmn. Ledgerwood. All ayes, motion carried. -SPONDBNC.E. (1) Letter from Carlsbad Chamber of Commerce enclosing receipt for 504 paid by Glenn Feist, balance due on brochures.; Filed. (2) Letter from Dr. Roy Palmateer registering complaint re: offensive odors emanating from sewage disposal plant, and urging that steps be tak- en immediately to corr'ect same, Mr, Nelson reported that a check with people of that neighborhood (Granville Park area) indicated that the sit- uation had improved noticeably since use of the new chemical a-t the plant; and that further steps as recommended by the City Engineer are being taken toward reducing the objectionable odor. He was asked to reply to the let- ter, advising complainant of what is being done to alleviate the situation, (3) Report from: State Controller's office advisi.ng amount of motor ve- hicle license -fees now cjwing the City as second installment. of 1956 tax ( $2818~v00) GRAL COMMUNICATIONS. William Baldwin, 1031 Palm Avenue, brought before the Council an urgen.t sewage disposal problem, stating he has been refused a permit to connect to the sewer on Pi0 Pic0 through an easement retained by him for this purpose at time of sale of Pi0 Pic0 frontage, except upon payment of the $3.00 per front foot line cost for his entire frontage on Palm (130 feet). He stated his problem is critical, due to failure of his septic tank and all efforts to restore same, and proposed to pay the $50.00 capital contribution cost and agree'to pay the' line cost when the line is extended along Palm, if permitted to connect on Pi0 Pic0 at this time?, Mr. Nelson stated he had suggested Mr. Baldwin's appealing to the Council under Section 10 of Ordinance #7020, since no legal method could be found to grant the permit without payment of the line cost. Further discussion'was postponed to permit holding of a scheduled hearing. HEARING - ZIMMERW-SCHLAGEL PUBLIC NUISANCE. Hearing was resumed on this matter, continued from the meeting of December 4th. Neither defendant nor their attorney was present. After review of the Notice of Public Hearing and the correspondence in the matter, Mr. Banta of the Public Health De- partment reported that work on the Highland Drive property has progressed satisfactorily but inspection of-the premises indicated that trash is again accumulating. On Basswood, some cleaning up had been done and one