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HomeMy WebLinkAbout1955-12-20; City Council; Minutes!- 3 24 change of zone of portion of Lot "Iff, Rancho Agua' Hedionda, lying westerly of 3unnyhil.l Drive. from Zone .E-2 to Zone R-1. Cmn, Cas- torena moved that, with the reading of title and nwnb.er. of Ordin- ance No. 9044, this constitute first reading, Seconded by Cmn, Robinson, All ayes, motion carried, City Clerk Ewald .read Ordinance No. 5022, provid-ing for the issuance of ,bonds of City of- Carlsbad Sewer District No, 2 in the amount of $60,000, City Attorney Smith announced bids will be received and the contract- awarded to the lowest interests bid submitted on January 17, reading of Ordinance No. 5022, Seconded by Cmn. Helton, All ayes, 'i: '.X9$6, at 7:OO P, M. Cmn. Castorena moved this constitute first I motion carried. City Clerk read Resolution No,- 193, advertising for sewage plant bo:nds and inviting- sealed proposals for bond redemption for Municipal Sewer Dis'trict No, 2. Cmn, Helton moved the adoption of Resolution No, 193 as presented, . Seconded 'by Cmn, Castorena, Roll call vote: Robinson, aye; Ede, aye; Castorena, aye; Helton, age; four ayes, no nays, absent, Sutton, Resolution adopted, City Manager Nelson reported that a letter had been forwarded to the Division of Highways submitting the offer of $500.00 for the excess parcels of land in the City' owned by the State, A reply was received by telephone that the offer was not considered favorably and the State has decided to sell four of the ten parcels and are inv'iting : bids for same to be received by December 16, ,1955, He informed the Council that the parcel lying directly across from the Park on the corner of Pine -4venue and. Pi0 fico Drive would be desirable for pur- chase by the City in order to widen the street to make a better right turn and the remaining property would be returned to the adjoining property owner. Cm. Robinson moved the City offer the- State Divi- sion of Highways $10.00 from the Capital Outlay Fund for subject par- cel of land across from the Park, Seconded by Cmn. Iielton, All ayes, motion carried, City Attorney Smith called attention to a rate change to be 'initiat- ed by the Public Utility Company which would involve a service con- nection charge in the amount of $1.00 which would not be refundable, He- explained that such procedure appears to be consistent with good practices and no objections were offered, City' Manager Nelson explained that the bills listed for payment do not include. first payment for Cox Brothers Construction Company; 'which has been submitted in the amount of $6,597.00,cas Mr. Byrl Pkelps has found. that the concrete measurement listed included two cubic feet in excess of the amount required. Cmn, Robinson moved the first installment for Cox Brothers Construction Company be ap- proved not to exceed the amount of $6,597,00, Seconded by Cmn, Hel- ton, All ayes, motion carried. Cmn, Castorena moved payment of the bilis as presented and certified by the City Clerk in the amount of $8,099.26 from November 22, 1955, to December 6, 1955. Seconded by Cmn. Robinson, All ayes, motion carried, Cmn, Castorena moved ratification of the payroll as presented and certified by the City Clerk for the full month of November, 1955, . Seconded by Cmn, Helton, All ayes, notion carried, Cmn. Helton moved for adjournment and it was seconded by.Cmn. Robin- son. Meeting adjourned at 10:35 P, M. S Respectfully submitted, /sgd/ M. 0. EWALD City Clerk """"""""""r"."""""" MINUTES OF THE REGULAR MEETING OF THE CARLSBAI) CITY COUNCIL - December 20, 1955 The meeting was called to order at 7:09 P, Me by Mayor Raymond C, Ede, Present besides the Mayor were Cauncifmerm Heltun, Sutton and Cmn. Robinson who arrived at 7215 P, M. Absent, Cmn. Castorena, Also present were: City Manager Nelson, City Attwskey Smith. and City Clerk Ewald, 15 Correspondence was read by the City Clerk as follows:, .. (1) Letter from' Carlsbad Chamber of Commerce, dated December 19, 1955, , regarding proposed lighting on Elm Avenue, City Manager Nelson informed^ the Council that Mr. Edward Edward Kentner, acting as Chairman for the Chamber, has done extensive study on- the matter and plans to appear be- fore the Council at this meeting to discuss the possibility of obtaining . lighting for the Elm Avenue District. City Attorney, Smith outlined the various procedures by which the project could be accomplished, explain- ing differences in administrative charges and installa,tion fees, Mem- bers of the Council expressed interest in such a proposal and were in agreement that they would desire to see the Chamber proceed with further study, w$th pos.sibly a committee under the sponsorship of the Chamber. Discussion was deferred until the arrival of Mr. Kentner. (2) Letter from National City administrative offices,expressing Seasonas Greetings to the City of Carlsbad. (3) Letter from Joint Interim Transportation Committee, dated December 15, 1955, announcing a meeting to be held on January 30th and 31st at 1O:OO A. M. at Civic Center, San Diego, for discussion on'al1ocation.-and expenditure of State Highway Gas Tax Funds. (4) Letter from Senator Fred H. Kraft, dated December- 15, 1955, rela- tive to this meeting of the Joint Transportation Committee, urging at- , _,_ . . I 2 tendance of City officials, City Manager Nelson explained that this 3 meeting is being held primarily for discus-sion on the Collier-Burns Act < and the provisions covering expenditures of the State Gas Tax allocations f He informed the Council that the City, at the present, time, has no prob- J lems, either ,additions or corrections, on this-matter, and it was his opinion that it would not be-necessary to have representation from the > City at this meeting. The City Manager was instructed to contact Senator Kraft to inform him that the City has no prob3,ems on the matter. and will, therefore, not require representation at this meeting. Mr. Glenn Feist, President of the Carlsbad Chamber of Commerce, and Mr. Edward Kentner appeared before- the Council relative to street lighting on Elm Avenue, and were informed the Council had discussed the project at the beginning of the meeting and were in accord that the proposal mer- ' its further study and desires to. have the Chamber to make a survey of the area to ascertain the extent of interest in the project by businessmen 5n the area. Mr. Kentner advised the Council of the information he has com- piled to, date and accepted the responsibility of contacthg .individual business owners in the Elm Avenue area for their reaction to such a pro- posal. He also presented a letter from the Controller of Currency, Bub- lic Utility District, regardirg utility funds in the amount of $983.64. City Attorney Smith advised Mr. Kentner that proceedings for the disso- lution of the Public Utility,District are in progress'and dispogition of accomplished. ., I '. these funds cannot be,made until the dissplution of the District has, been ,- ,, PLANNING COMMISSION: Mayor Ede announced the Council, at a closed ses- sio'n after the last meeting, had selected Mr. Edward Yousell for appoint- ment to the Planning Commission for a period of four years to fill the vacancy created by the resignation of Joseph B, Cockrill, Cmn, Robinson . moved the appointment of Edward Yourell to the Planning Commission for a " period of four years, ending 1960, be approved. Seconded by Cmn. Helton. All ayes, motion carried: Memorandum from the Playing Commission, dated Dedember 19, 1955, recome mending approval of final map of Terramar Unit No. 5, :subject to the sub- divider entering into a contract with the City for the improvements set forth in the map. Commissioner Baumgartner was .present as representative Of the Planning Commission and informed the Council that the Health De- partment has agreed to allow the subdivider to proceed with this subdi- vision with individual- disposal units. City Manager Nelson advised that the City is not in possession of the agreement for the improvements and it was pointed out by Cit.y Attorney Smith that a condEtiona1 approval, subject to receipt of this agreement, would be hazardous. ,City AttoRney Smith informed the Council that Mr. Charles Christiansen, Engineer for the project, had requested bond and the subdivider would not be handi-. Council on January 3, 1956, at which time the contract; for the impr.ove- ments would be complete. By common consent, the Council agreed to wi.th= hold action until that time. Nemorandum from the Planning Commission, dated December 19, 1955, I ' capped if final approval were withheld until the next ;meeting of the - 59 recommending the! Council adopt a resolution restr,icting approval of sub- divisions in the area South of the Agua Htdiond'a' lagoon, until such units can be connected to the Carlsbad City Sewer System, Members of the . Council expressed concern over- the fact that designation of a certain portion of the C:ity might be misconstrued as discrimination of that area and it was pointed out that rel.atively the same problem exists in other areas of the City which are not, at the present time, connected to the sewer sys,tem. It was pointed out that the Council now has a measure of- control due to the fact that the Health Department rules on the health facilities prior to receipt of the subdivision map by the Council for approval. ,It was generally agreed that any formal ac- tion restricting subdivisions might resu.lt in adverse publicity which would be detrimental to the building program in the City. Comm. Baum-. gartner informed the Council that it was the Commission's intent to serve notice that the condition exists so that no further subdivision of the parcels in that area would be planned and pointed out that the area south of thie Agua Hedionda is almost entirely subdivided and the subdividers are aware of the problem of health facilities. Cmn. Rob- inson moved that- a memorandum be sent to the Planning Commission and administrative officers calling their attention to the clause in the subdivision ordinance which governs health facilities in the City of Carlsbad, ,with a. copy to the San Diego County Health Department. Second- ed by Cmn, Helton. All ayes, motion carried, Memorandum from Planning Commission,- dated December 19, 1955, recommend- ,ing approval of purchase of topographical maps of the City for use by Gordon Whitnall.Associates, City Manager Nelson presented copies of the - proposal for purchase of these Raps and reviewed the contents of same,, asking that the Council instruct the City Attorney to draw up an agree= ment with this firm, Cmn, Robinson moved the City Attorney be author- ized to draw up t~e~!nece-~sary..paper~.~ana-~~h~ Mayor: be! &uthorized.'tailsign hi:;ggreement with this firm, Pacific Air Industries, for purchase of topographical maps of the City of Carlsbad, Seconded by Cmn. Helton. All ayes, motion carried, Memorandum from the Planning Commission, dated December 19, 1955, recom- mending approval of the application of John and Hazel I, Kiphart for re- classification from Zone C-1 to Zone C-2 on property located at 2742 State Street and the adjacent vacant lot located on the South side of 2742 State Street, for the reason that the property appears on the new zoning map as C-M property, Cmn, Sutton moved a hearing be set for 7:30 P, M,, Tues'day, January 3, 1956, on proposal to reclassifysKiphart property from C-1 to C-2, Seconded by Cmn, Robinson, All ayes, motion carried. City Clerk Ewald informed the Council that the applicant is * desirous of comm.encing construction on the addition to their. present building and, after allowing for the time lapse between hearing and the effective date of the ordinance, it was ascertained that the proceed- ings would not be completed until March 1st. City Attorney.Smith ad- vised that it would be possible to issue the building permit subjectto no repeal of the ordinance, insofar as there have been no protests and it is anticipated that none will be presented. In order to expedite the matter, the City Attorney was instructed to prepare the ordinance for presentation at the next meeting following the public hearing, at which time it will be given first reading, Cmn, Sutton broached the question of whether the City will be required .to obtain a special use permit for the construction.of the new sewage treatment plant in a C-l zone. City Manager Nelson expressed the opinion that such a permit would not be necessary due to the fact that a City is not.obligated to abide by its own laws, City Attorney Smith informed the Council that such procedure did exist in the past but cit- ed a recent case involving the erection of a juvenile hall in the City of Los Angeles, where the City was bound by their own governmental ac- tivities and erection of the hall was denied by the Court, He explain- ed that the City could obtain a conditional use permit by ordinance. Cmn, Sutton moved the Council instruct the City Manager to initiate an application for a conditional use permit from the Planning Commission and a hearing be set on the sewage disposal plant site, Seconded by Cmn, Robinson, .A11 ayes, motion carried. PARK AND RECREATION COMMISSION. Memorandum dated December 15, 1955, setting forth the Commission's policy on tree removal and trimming. The problem of action on removal or trimming in cases of extreme emer- gency were discussed and the Council was in agreement that emergency removal or trimming should be taken care of by the Public Works Depart- ment. City Manager Nelson asked if the Council wishes to review the decisions of the Commission on tree removals and trimmings or if I 8. -i rs T ad 3 I I IS complete authority should be designated to the Commission. City Attorney Smith advised that the Commission can only be de1egate.d in an advisory capacity and the final decision rests with the Council. City Clerk Ewald read a list of requests for removal and trimming which the Council had tal action on at their last meeting. City Attorney Smith explained that de- cisions on 'the trimming may be made by the commission mas the funds have a ready been approved but when a request involves removal of City property, it then becomes a matter for Council consideration. C,mn. Robinson moved the Council approve the recommendations of the Park arid Recreation Commis. sion and set up a policy providing that the Public Wor'ks Director be em- powered to trim trees in cases of emergency, and to clarify that all re- quests for removal of trees must go to the Park 'and Re,creation Commission for recommendation and to the Council for final approval, Secorided by Cm: Sutton. All ayes, motion carried. Mrs. Greenwood requested information regarding a neighbor's tree which is on City property but which has branches extending over private property and is used by children for play. She questioned whether the City or the owner yould be liable in case of injury. She informed, the Council that the party would like to have the tree removed and city^ Attorney Smith ad- vised that it is not customary to remove a tree from property unless .it it damaging to adjoining property. Comm.' BaumgartneP alsp "brought up a prob- lem of a tree located at the front of the Home Bui1der;s' Store on prfvate property and questioned whether it could be removed or: if permission should be requested by the Park and Recreation Commission. 'City Attorney Smith advised that if the tree is on private property, the owner .may do with it as he sees fit. Cmn. Sutton moved ,that permission be granted to remove the trees on Chestnut Avenue and Jefferson Street, as recommended by the 'Park and Recreation Commission. Seconded by Cmn.. Helton. All aye: motion carried. Civil Defense Director Whipple appeared before the Coupcil to clarify a bill which was submitted in the amount of $42.00 for Geiger counter parts He explained in detail the use to which these parts wi:ll be put i'n the construction of a pre-amplifier to be used for demonstTation purposes at radiological classes to be held at the Oceanside-Car1s;bad Union High B School. At the c,onclusion of these classes; the unit will be used by the Police Department as a lie detector. Cmn. Sutton alsb questioned the bill for fire hydrants and City Manager Nelson informed him'.thzit this included not only the fire hydrants but the installation of the' T!.s aild joints and reported that to date there has been approximately $35,00.00 expended 'of the $5,000.00 which had been allocated in the current budget for fire hy- dr an6 e. Second readi'ng was given Ordinance #5022, providing for issuance of Bonds on Sewage Disposal District No. 2, in the 'amount of ~$6'0,000.00. Cm. Rel. ton moved the adoption of Ordinance #5022. Seconded by Cmn. Sutton. Roll call vote: 'Robinson, aye; Sutton, aye; Ede, aye; Helton, aye; four. ajTes, no noes, Absent, Castorena. City Attorney Smith .advised that the ordinan< should be published on December 21, 1955. City Manager Nelson called the Council's atteneion to the fact that the Citizen's Committee had recommenc ed that a certain amount from the general fund be set aside for redemptior of these bonds and chat 10% was the amount discussed. -City Attorney Smith presented Resolution #194, authorizing the execution of the contract for participation in the State Retirement Program for em- ployees.of the Fire and Police Departments. Cmn. Sutton moved the adoptic of Resolution No. 194. Roll call vote: Robinson, aye'; Sutton, aye; Ede, aye; Helton, aye; four ayes, no noes, absent, Castorena, Resolution adopte The meeting was adjourned for a short recess at 9:45 P,. M. and was recon- vened at 1O:lO P. M. Cmn: Helton was excused at 9:45 P. M. Ciscussion was held on sewer maintenance district bound.aries and City Man- ager Nelson pointed out that, with the additions to the Chestnut Street sewer and other additions to the Olive Drive sewer line, the district boundaries' are irregular and will require the County Assessor to set up additional code areas and will involve considerable administrative work. He pointed out that the only other possible way would be. to include all property which fronts on the sewer and this would aZso create problems. It was suggested that an overall tax levy for the entire City might be a very logical and economical move. City Manager Nelson explained that sufficient funds could be obtained in this manner with a tax levy of as low as one cent for the entire City or approximately thirty cents (3O&3 per year for an average assessed valuation of $3,000.00, and would simplii the administrative procedure. &!embers of the Council agreed that this method appears to be- feasible but questioned what justification cmld be I' 3 made for this tax levy to property owners who derive no benefit from the sewer district: City Manager Nelson pointed out that it is anticipated that the lighting assessment for the Terramar District will be elimin- ated next year, which will relieve the tax burden in that area, Mayor Ede suggested that perhaps the two absent Councilmen might wish to pre- sent some information pertinent to the matter and action was deferred un= til a later date! when the entire Council can be present. It was called ti, the Council's attention that the hearing for the Briggs- HcMillan applicaltion for reclassificati.on had not been scheduled and Cmn. Sutton moved that the hearing on the Briggs-XcMillan application for re- zoning be set for 7:45 P. M., Tuesday, January 3, 1956. Seconded by Can. Robinson, All ayes, motion carried. County Ordinance! No. was presented for adoption by the City. Ordinance providles for renewal of annual permits from the Department -of Public Health and payment of annual fees and imposes penalties for pay- ment of delinquemt fees, City Manager Nelson explained that the tenta- tive ordinance hLad been reviewed in September and the Council had agreed to go along with1 it as a matter of policy, City Attorney Smith informed the Council that. the ordinance can be adopted by reference but a number must be assignedl. Cmn, Sutton moved the adoption of Ordinance No. 5025 and, with the reading of number and title,. this constitute first reading and first reading be waived. Seconded by Cmn. Robinson, All ayes, mo- tion carried, Discussion was hleld on the meeting scheduled for January 10, 1956, to re- ceive proposals for the sewage disposal survey. City Manager Nelson out- lined the proposal submitted by Brown and Caldwell and reviewed the in- formation pr6sen.tcd at the conference which he and two members of the Council had attended. It was the decision of the Council that this meet- ing be scheduled to accept proposals on the survey and that discussion be held on them with a final decision to be made at the next Council c ' meeting, Cmn. Sutton moved the payment of bills up to and including December 20, 1955, in the amount of $2493.52, as certified by the City Clerk an-d ap- proved by the auditing committee. Seconded by Cmn. Robinson. All ayes, motion carried. Cmn, Robinson moved ratification of the payroll for the first half of December, 1955, 'as certified by the City Clerkand approved by the audit- ing committee. Seconded by Crnn. Sutton. All ayes, motion carriedn* Cmn, Sutton moved approval of the minutes with minor corrections as not- ed, Seconded by Cmn. Robinson. All ayes,- motion carried. Cmn. Sutton moved for adjournment and it was sec0nde.d by Cmn. Robinson, Keeting adjourned at lO:5O P. M, " . Respectfully submitted, S /sgd/ M. 0. EWALD, City Clerk """_""""""""""""""" MINUTES OF THE REGULAR MEETING OF THE CARLSBAII CITY COUNCIL January 3, 1956 The meeting was ,calle,d to order at 7 :07 P . M. by Mayor Raymond C. Ede, Present besides the Mayor were Councilmen Castorena, Robinson, Hdton and Sutton, Also present were City Manager Nelson, City Attorney Smith, City Clerk Ewa'ld and Director of Public Works Anthony. Correspondence was read by the City Clerk as follows: (1) Letter from Assemblyman Sheridan Hegland, dated December 12, 1955, forwardirig copy of letter from the State Division of Highways, signed by Mr. George McCoy, regarding highway signing; rejecting proposed sign changes and locations, City Manager h'elson explained that Oceanside and Carlsbad have beten meeting jointly with appointed committees to study the matter but had withheld any action until, it could be determined whether or not the new personnel would allow for these changes, Mr. Benden and Mr. Elders, nemblers of the Oceanside Committee, were present and request- ed the Council to refer the matter back to the committee so that they may continue their study' and formulate a letter to be forwarded to Mr. Durkee, Director of Public Works for the State of California, By common consent,