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HomeMy WebLinkAbout1952-09-02; City Council; MinutesI x LQ d+ -e +J =z I I 3. NO in First reading was made by City Clerk Hagen of proposed Ordinance. . 7015, an order vacating the Westerly portion of Ponderosa Drive Terramar, and setting a hewing on same at 7:OO p,m. on September 30, 1952, at the regular meeting of the council. cmn. Ede moved that this be considered the first reading, and that Ordinance No. 7015 be tabled ?Inti1 the next Council b~?ting. cmn. Grober seconded, All ayes, motion carried. After a ten-n;inutt recess, Nayor IUcClellan reconvened the Council. Cmn. Gl-ober reported that he had interviewed several'applicants for the job of Building Inspector; that Max Ewald had stated he was not in.terested in a City job but wmld be happy to help out until a man is hired; and tha t Mr. Nichols was preparing a letter to the Council which should be received soon. Xayor McClellan urged that the Com- mittee come in with a recoE:endstion as soon as possible, Nayor McClellan asked that the Council keep in mind the idea of a Parks and Playgrounds Commission, which could handle such problems as beach matters, playgrounds, and perhaps our relations with State Park and Fish and vfild Life Commissions, City Clerk Hagen reported a call from Xrs. H. E. Cappleman, Highway 101 and Hemlock, that she had been bothered on several occa- sions and her car broken into, presgmably by occupants of trailers parked on the beach, and that she could get no assurance of protection from the Sheriffrs office. Cm. Ede suggested that the City Clerk be directed. to contact the County Health authorities to see if they would take action against illegal parking of trailers on the beach in violation of sanitary regulations, Cmn, Grober reported that %r. Bill Carmichael had requested that a car of unknown ownership which had been parked in front of his house for about ten days, be moved, but since the City has no Police force, no action could be taken. Mayor McClellan suggested that in order to enter into an in= formal discussion on the business 1icens.e ordinance, a motion would be entertained to resolve the Council into a committee of the whole. Cmn. Castorena so moved, Cmn. Ede seconding. All ayes. Motion carried. The objections contained in the letter from Miss Vihite were discussed f'ully, and the intention of the Council clarified on many points, but no action was taken. Mayor McClellan reconvened the Council in formal session, and Cm. Sutton moved for adjournment, (h~u. Grober secondhg. All ayes, Meeting was adjourned, /- 2/( XIXUTZS OF CITY COU€JCIL MEETING September 2, 1952 - Meeting called to order by Mayor McClellan at 7:OO p.m. in the Oilers' Room at Twin Inns. Zmnbers present beside Mayor McClellan, were Cmn. Lena Sutton, Manuel Castorena, Georgc Grober, Raymond Ede, City Clerk Hagen and City Attorney '. Bruce Smith, Minutes of the meeting of Auguxt 26-, 1952, were read and approved. City Clerk Hagen read the following communications: Letter from Carlsbad Nutual Water Company, asking for any ideas the Couacil might have in connection with an enclosed letter from E. S. Dulin of the Dulin Ranch, Bmsall, asking what support Carlsbad would be willing to extend toward the building of a dam at Bonsall. Letter from Atchison, Topeka & Santa Fe Railway, replying to the 32. .. City's request for commuter service for Carlsbad, stating that due to the necessity of maintaining a very fast Los Angeles-to-San-Diego schedule, intermediate stops .could not be ,considered at this time. The City Clerk was authorized to continue the correspondence at his discretion . Petition of George F. X. Dailey and Josephrine Dailey for re- cikassification of property at Chestnut and Highland Avenue from E-2 to R-1. Cn'm. Ede moved that the petition be referred to the Plan- ning Comissrion~ Seconded by Can. qrober. All ayes, motion carried. Recommendation of the Planning Commission that the applica- tion of Gna vfilliams for reduction in lot area on property on Wal- nut Avenue between Lincoln Street and tb Santa Fe Railway, be granted. Cm. Ede moved that the recommendation be accepted and the variance granted. Seconded by Cnm. Castorena. All ayes. Motion carried. Recommendation of the 'Planning Cornmission'tha t the applica- tion of C. H. andDorothy Walker for a conditional permS.t to operate a cabinet shop at 2716 State Street, be granted. Cmn. Ede::moved that the recommendation be accepted and the permit granted, Cm. Castorena seconded. A11 ayes, motion carried. Bills as follows: Code Publishing Co., 3 copies of Uniform Building Code - - - - - - - - - - - - - $13.48 Pacific Telephone Bc Telegraph Co,, telephone bill - - - - - - - - - - - - - - - 0- 58.18 County of San Diego, maintenance of lights at Highway intersections, July 17-31 inclusive 23.99 Mrs . Annabelle Tinberg, stenographic services 125.00. It was suggested that a log be kept of long distance calls to insure anly authorized calls being charged to the City. City Clerk Hagen reported on monies collected and disbursed, as follows: Collected to 8-29-52 and deposited.. ......... .$833,10 (Including $50.00 in the special traffic safety fund, given by Oceanside Court *) Paid out............,......................... 362.50 Balance ......................................$ 370.60 Cash on hand..................... .............. 41.00 Total...... ................................... ~411.60, which excludes the $25.00 item which may have to be returned. Mayor McClellan ststed that all bills must bo passed by an Auditing Committee which was not yet set up, and asked the Finance and Budget Committee to study the situation and ascertain whe.th.er some of the bills might be paid from funds on hand. City Clerk Hagen ststed that he had contacted Mr. Joe hlcCarthy 'I again, and that he will come over and set up the books as soon as the forms arrive. Second reading of proposed Ordinance No. 1010, transferring duties of assessment and tax collection to the County Assessor and County Tax Collector, was made by City Clerk Hagen. Cm. Ede moved tha t the Ordinance be adopted. Seconded by Cmn. Grober. All ayes , motion carried. \ I 24 'PI f-3i.d -ry \ pc 3 !I: ur' I I 31 Second reading of proposed Ordinance No. 7015, an order vacat5ng the West end of Ponderosa Drive in Terramar, was made by City Clerk Kagen. Cmn. Ede moved that the Ordinance be adopted. Seconded by Cm. Castorena. A11 ayes, motion carried. Cm. Ede further Izloved that in connection with the order vacatir,g Ponderosa Drive, the Clerk, Mr. Eagen, be empowered to request of the person requesting thc vacation, the payment of all costs involved. Seconded by Cmn. Sutton. All ayes, motion carried. Cm. Grober reported that his committee on applications had had a meeting on Saturday, august 30, 1952, with Mr. H. H. Barter and DiJr. Joseph Y. Hester, applicants for the job of Building Inspectop and Public Works Director; and that after considering the qualifications of both men and all the circumstances, it was the committee's recommen- dation that Mr. Barter be hired on a three-months? probationary basis. Mr . Grober mcved that E. R. Ba.rter -be appointed as Building, Plumbing, and Electrical Inspector, and also Public ?fiiorks Director, for a term of three months at a salary of $300.00 per month and 106 per mile mile- age. Seconded by Cm. Ede. All ayes, motion carried. - City Clerk Hagen read a proposed contract with the Carlsbad Journal covering legal publication fees, in w'hich it .rNas agreed that the City should receive a special rate of 904 per column inch for all legal advertising, and a price of 54 per copy for extra copies f'umished, regardless of size, with a termination clause if publication of legdl notices is made in any other marmer. Cmn. Ede moved that the contract be approved. Seconded by Cmn. Gastorena. All ayes, motion carried. Cm. Castorena reported that the notices of appointments for interviews of applicants for Chief of Police had been sent out. Cm,. Sutton reported an interview with the Assistant Buditor in regard to a proposed meeting with the San Diego Vatem, Au'd;hm%ty to be held on September 15, 1952, and he had stated that the meting might be avoided if letters were written by the San Diego Water Author- ity and the ?ktropolita~ Xater 3-istrict ad.vising the Assistant Auditor what would be required for the certificate. She stated she had gone to Mr. Bdrkholder, who requested that a letter be written by tb City Clerk asking him to contact the Metropolitan Water District and the Water Authority, and said he would do so upon receipt of the letter; but that if a meeting were necessary, some of the Council merbers should attend it. bliss Virginia White brought up the question of whether the present program wm slanted coxplately toward application for water as a city, or whether the possibility of applying as an Irrigation District was still being investigated, and pointed. Gut that in order to carry a vote on the proposition, the public should be thoroughly satisfied that every possibility was being explored and the best procedure followed. Mayor UcClellan stated that while the City as such probably could not cover this other field, a voluntary group of interested citizens certainly could do so, although it might be difficult for such I committee to get very specific information as to rates, terms, etc. Mr. Bond stated that the Authmity officials were very positive that application should be made as a city, as quickly as possible, as a great many areas were applying, and he recommended mov1rq? as rapidly as possible. em. Sutton stated that since the city itself" contains 5,000 acres and the Irrigation District 10,000 acres, the agency frowned upon the inclusion of the extra acreage ,' but had sug- gested that the dry acres which would be excluded at this time might, cow into the city later and at that time should be required to pay their share 0-f the back taxes. cm. Sutton was asked to consider the suggestions made and continue hor activities and plan to make a f'urther report at the next meeting. After a ten minute recess, Mayor McClellan reconvened the Council. Mayor Mcclellan reported that there vas some feeling that high-speed operation of heavy equipment on the freeway was creatin. a hazard, and with the Council's approval asked the Public Works B irector to contsct the State %gineer to see what could be done in the direction of safety. Magor DkClellaz recommended that the City Council ask the Planning Commission to make a study and come in with some reconuriendations on 8 subdivision ordinance, 8s the need for sdch regulation wss becoming 3 4' urgent, I-Je also recomrriended that the Council ask the Planning Commission to make a study of the unzoned areas and prepare re- comnendations. Cmn. Ede moved that the Planning Cornmi ssion be requested to make a recomxmdatior. to the City Council for 8 pro- posed subdivision Ordinance, and also recommendations for zoning present unzoned areas within the city, and to make a survey of'possi- ble violations ir?.present zoning. SecoEded by Cm. Sutton. All ayes, motion carried. The City Clerk was requested to ,make a memo to the Planning Commission to this effect. Nayor EcClellan stated that the publication "Western Cities" calls attention to the fact that the California Departmnt of Em- ployinent has available a staff who will rake a study of industrial problems, and suggested that, if the Council approves, the City Clerk be instructed to write for information. There being no ob= jection, the Clerk was so directed. Mayor McClellan asked approval of the Council, which was @$sen, to make inquiry of the Department of Finance as to whether they bve a man in the area who could be consulted in regard to tb allocation of State F'unds under Chapter 47, Statutes of 1944, and Chapter 20, Statutes of 1946. City Attorney Smith was asked for information regarding the Motor Vehicle CGdi as to the parking of trailers, e tc. , along beach areas. He stated that the State Highway Departmnt is authorized to post parking signs either allowicg or prohibiting parking in an area. Mayor McClellan stated that the presence of so many trailers parked along the beach, without sanitation facilities, had raised the question of' contamination of the estuary of the Agua Hed.ionda , Lagoon. City Attorney Smith stated t'hat the situation is covered partly by zoning and partly by health ordinances but was somewhat complicated by the area being located. largely in a State Park. Mayor blcClellan asked the City Attorney to sumarize the provisions applying to use of trallers, and the City Clerk was requested to cover the request in a memo. The matter of a franchise with the San Diego Gas & E1ectri.c Company was discussed., and Cm. Ede moved that the Council author- ize the City Clerk to request the San Diego Gas & Electric Go. to furnish information as to lines built on city property, and any other pertinent informatian concernfng a franchise with t'm cityj covering land which formerly belonged to the County and now bel-ongs to the city. Seconded by Cmn. Grober. All ayes, motion caPi*ied. Mayor EcClellan stated that if no objection existed, the city council would resolve itself into a committee of the whole for the purpose of discussing informally the business license ordinance. The proposed ordinance was discussed page by page, and the intent of the council clarified on many points. (see attached summary.) Ma$or UcClellan stated that he had had a letter from the Idunicipal License Tax Association asking foi? information about this proposed ordinance, and that a man 'had telephond him, asking for an oppor- tunity to give the Council a digest of their studies, if one or more members of the Council could spend an hour or two with him. Cm, Sutton and Grober indicated that they would be available for such a meeting. Nayor McClellan reconvened the Council in formal session. City Clerk Hagen stated that he had been requested by the Planning commission to send $1.00 to the Trizting Division, State of California, for a pamphlet on Conservation and Planning Laws, and wmld like the Councilfs permission to do SO. .& was so authorized There being no further busimss to come befope the meeting, Cum. Sutton moved for adjournment, seconded by Cm. Grober. All ayes, meeting adjourned . Respectfulig subrni t ted, - /' 3: SUf&:ARY OF DISCUS.5ION @E '137JSIXESS LZCE<SE GRDEfAK CE " During an informal discussion dluring the city council EvIee-blng of Sep.Lenibcr 2, 1952, the.proposed business- license ordb-ance 'was discussed., and the following points clarified: It was agreed that no license shou.ld. be reauired of an erploycd pei3on . It was concluded to provide for collection of three-fourths of the annual fee for the period endiq June 30, 1955, the due date being the effective date or" the ord.inance, the fee becoming delinquent 60 dags after the due date. Tha Council asreed to include in exemptions under Section 17 (a) the growing of floweils, bulbs , and other horticultural products. ;,.I -* .'.X -+ 5.4 . -4 '"\ e .. , -1 It was the reeling of the Council that the San Diego Gas & Electric Company should be exempted from the gross receipts tax, Secause of the fsct that they were franchised. by the County and the City has the alter*- native of applying for its proportionate share of the Connty fee or enterire: into a franchise with the Company. The Council agreed. that no mutuzl water compar?>T should be re- quired to pay a license. It was agreed that exemptions under Section 18 should include ' such organizations as non-profit schools. The council unanimousl? agreed thzt all. proceeds from the 0rd.in- znce sholdld be placed in the General Fucd,, and that the provision setting up 15% of the fees into a Special Fund sho~~ld be eliminated. I" . L FJZS concluded that; >].rider Section 18, entertainment, lectures, s'no~ws, etc., sponsored by schools, churches, civic and service organ- izations, whether or not for profit to the individual performer, should be exempted from license. It vfag decided to elidr-ate Section 28 covering astrologers, for9 tune tellers, etc. blINUT3S OF CITY COUNCIL XEZTIEG September 9, 1952 Meeting called to order by hiayor McClellan at 7:15 p.m. in Oiler's Room at Twin Inns, Carlsbad. Present SevLde fdagor I'VTcClellan were Cmr~. Sutton., Castorena, Grober and Ede; End Citg clerk Zagen, City Attorney Bruce Smith, and City Treasurer Roy Pace. Niinl-ltes of the last mestinr: on SepternSer 2, 1952 were read. and appToved. City Clark Hagen read. the following communications: Letter from Olaf C, Bansen, Carlsbad, asking that sone action be taken to elimin%te littering of the sidewalk and p?rkway on Grand Avenue between the highway and Santa Fa tracks with broken bottles, The city Clerk was instructed to. tknk Mr. Ransen for his suggasti.ons, and to file the letter in the. pending file for future action, Letter from League of Califomia Cities giving furthr inf.or- %a tion as to League menbership and announa.ing its annual conference to be held at San Diego on October 15th. T'k City; Clerk was authorized to write, asking that their letter be.cia2ifiad as to payment of fees. Letter. of E. E. Ilorne, Co-Ordinator of '8Jild Life Conservation Board, to Jane C. Oldham, referred to the Councfl from the Carlsbad Chamber of Comxerce:, regarding State funds set aside for developmnt of Buana Vista Lagoon. Cmn. Grober wzs asked to meet with hl?. Vincent when he comes to Carlsbad and d.fscuss the matter with him. Petition of Joe B. Cocrill et a1 for Teclassification of property in Buena Vista Gardem from R-4 to R-1. Cm, Castorsna moT.ed. thst the