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HomeMy WebLinkAbout1952-09-09; City Council; MinutesSUM%ARY OF DISCUSSION O€? BVSfRTESS LTCEPu'SE ORDIXANCE L 3: During an informal discussion during the City council Meeting of September 2, 1952, the.proposed business license ordinance 'was discussed, and the following points clarified: It was agreed that no license should. be required of an eQployed It was concluded to provide for collection of three-fourths of person . the annual fee for the period erding June 30, 1953, the due date being the effective date or" the ordinance, the fee becoming delinquent 60 days after the .due date. I The CouncL1 agreed to include in exemptions under Section 17 (a) the growing of flowers, bulbs, and other horticultural products, It was the feeling of the Council that the San Diego Gas tc Electric Company should be exerrrpted from the gross receipts tax, because of the fa.ct that they were franchised by the County and the City has the alter- s Aq native of applying for its proportionate share of the County fee or e entering into a f'ranckise with the company. 4 .... * quired to pay a license. 3 The Council agreed that no mutual water company should bo re- I It was agreed that exemptions under Section 18 should include such organizations as non-profit schools. The council unanimously agreed that all proceeds from the Ordin- ence should be placed in the General Fund, and that the provision setting up 15% of the fees into a Special Fund should be eliminated. 1 .L I, WES - concluded that IJnder Section 18, entertainment,. lectures, shows, 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 was decided to elidnate Section 28 covering astrologers, for- tune tellers, etc. $, UNUTES OF CITY CO UNCIL :LEETDT.G September 9, 1952 Meeting called to order by Mayor McClsllan at 7:15 p.m. in Oilerrs Room at Twin Inns, Carlsbad. Present Seside Mayor McClellan were Cmn. Sutton, Castorena, Grober and Ede; and City Clerk Hagen, City Attorney Bruce Smith; and City Treasurer Roy Paca. Minutes of the last meting on September 2, 1952 were read and approved. ._ City Clerk Hagen read the following communications: Letter from Olaf C. Hansen, Carlsbad, asking that some action be taken to eliminate littering of the sidewalk and parkway on Grand Avenue between the highway and Santa Pe tracks with broken bottles. The City clerk was instructed to. thnk Mr. Hansen for his suggestions, and to file the letter in the. pending file for future action, I Letter from League of California Cities giving further infor- mation as to League membership and announcing its annual conference to be held at San Diego on October 15th. The City Clerk was authorized to write, asking that their letter be cl&ified as to payment of &as. Letter. of E, E. &me, Go-Ordinator of Wild Life Conservation Board, to Jane C. Oldham, referred to the Council from the Caplsbad Chamber of Commerce, regarding State funds set aside for developmnt of Buena Vista Lagoon. Cmn, GroSer was asked to meet with Mr. Vincent when he comes to Carlsbad and dfscuss the matter with him. '. Petition of Joe B. Cocrill et a1 for yeclassification of property in Buena Vista Gardens from R-4 to R-1. Cm. Castorena moved that the 36 petition be referred to the Planning Commission, seconded by Cmn. Ede and unanimously passed. Letter of Floyd Id. Adams, 535 Elm Street, requesting permission to operate taxicab service in Carlsbad, Gm. Castorena stated that Mr. Adams objected to the license fee as proposed and would write another letter before the next Council meeting. City Attorney Smith stated that Nr, Adams had consulted him and he had informed him thst the $100.00 per cab fee wolrld be required only for a reserved cab stand on the street; but if a private lot were used, the charge would be only $25.00 per cab. Letter from Division of Highways, signed by R. L. Beuthel, enclosing three copies of memorandum of agreement for expenditure of gas tax allocation, asking that the Council express approval by resoluticn and execute. %. H, H. Barter, recently hired Building Inspector and Public Works Director, was introduced by 1da;yor Me- Clellan and asked if the form met with his approval, and expressed satisfaction with it. City Clerk Hagen read both the memorandum of agreement and the proposed resolution adopting it, and Cm. Ede moved its adoptim- . Seconded by Cm. Castorena. All ayes , res- olution adopted. Mayor McClellan stated it was necessary for him to be in San Diego most of Thursday, and. suggested that Mr. Barter go down and be introduced to Xr . Beuthel of the Division of Kighways. Cmn, Sutton reported that the Water Authority Board of Dir- ectors was meeting on Thursday, and word should be forthcoming fr.orn them after that time. Cm, Castorena reported that interviews with apDlicants for the job of Police Chief were set for Saturday, the 13th, at 2 p.m. in the Oilersf Room, and that he assumed that all applicants would be present, hsvin? receive? no notice to the contrary. It was the committee's recommendation that a wage rate of $400, per month be established with mileage on a persocally-owned. car, and the city would fu-cish the badge and cap insignia, with uniforms, guns, belt and any other equipment to be furnished by the Officer. The question of fines collected for traffic violatiom within corporate limits was discussed, and City Traasurer Pace reported that the city had been paid on the basis of 50% to date, and City Attorney Smith stated that the city would receive 75% of fines resulting from arrests made by Carlsbad of'Xcers. The committee's recommendation was to hire three men beside the chief to make possible three shifts, the chief to fill in on days off, but that eventually t'ne de.part- ment should be built up to seven men, according to the size o€ the city. After dis.cassion of the committee*s recommendation, Cmn. Castorena mved that the recomxmded figure of $400.00 par month should be used as a starting salary for Chief of Police. Seconded by Cmn. Ede, All ayes, motion carried, City Atty, Smith was. asked to attend the conference between the Council members and applicants and agreed to. do SO. Cmn. Grober reported that he had been informed by Xrs. Dorothy Walker t'mt she was not readT to psy for a permit to operate a cabinet shop, as granted by the Council, byt had desired. only to .find out whether she could obtain one. The 'ity Clerk wag instructed to follow up the matter with BIrs. Walker. Mayor h'IcClellan reported that he hac! appointed an Auditing Committee composed of Cmn. Sutton and Cna?. Ede. Cmn. Ede stated that theakditing Committee had approved a request for $362.40 due City Attorney Bmce Smith for monthly salary, Court appearances, Court costs, and phone calls. Cmn. Grober moved that the bill be paid. Seconded by Cm, Sutton. All ayes, motion carried, Cm. Edd reported that Mr. Sutherland of t'm Security Trust and Savings Bank had authorized tb City of Carlsbad to draw war- rants up to $2000. at 5% interest, for necessary City expenditures, and requested that an agreement be ,+ram up with the Bank. Cm. Ede moved that the City Attorney be authorized. to prepare an agree- ment with the San Diego Trust & Savings Bank of San Diego, Carlsbad 3 Branch, for the registration and payment of warrants to the amount of $2000.00, with an interest rate of 5% par annum. Seconded by Cmn. Castorena. AI1 ayes, motion carried. Mayor RlcClellar?_ asked Cmn. Ede as Finance chairman to give early attention to the drawing u? of a proposed budget, as he felt a budget should be ac3opted as soon a's possible. I Cm. Sutton read a proposed resolution expressing apprecia- tion to Col. Gronseth for his valuable services to the City as tem- porary Building Inspector, and moved. its adoption. Seconded by Cm. Ede. All ayes, reso'iution adopted.. Cox. Gronseth expressed his than!& and stated he would be willing to help out at any time he might be neecled. Cmn. Sutton read a proposed resolution expressir,g appreciation to Mr. J. B. Bond for his valuable se-mices to the City as temporary 52 Bublic Works Director, arSd moved its adoption. Seconded by Cm, *< Cmn. Suttog read a resolution expressing the Councills thanks j2q Grober. A11 ayes, resolution passed. RFp '-3 to Eugen 'vliernig for services rendered the City in preparation of a <$ zoning map, and mved its adop$ion. Seconded by Cmn. Grob.er. All ayes , resolution adopted. Cm. Sutton moved tht a sirnil3.r resolution be ad-opted, to be sent to Mr. Max Ewald for his services as Asstbitant Building In- spector. ' Seconded by E.m. Grober. All ayes, resolut.ion adopted. Cxnn. Ede moved to accept-the resignations of Col. I. H. Gronseth, as Building Inspector, Mr. J. b. dond as Public works Director, and Mr . bx Ewald as Assistant Building Inspector, and to authorize the beginning date of. the employment of Mr. H. H. Barter as Building In- spector and public Works Director, as September 5th. Seconded by Cmn. Grober. All ayes, motion carried. I The problem of trai1e;os parked alodg beach areas was discussed, and City Attorney smith quoted from the State Realth and Safety Code, indicating violations as to disposal .of garbage or waste within 50 feet of the highway right-of-ray, parking al.trailer overnight upon any public highway, including the right-or-way, occupying land mre than seven days without the express consent of the owner. Re? stated that when the local police department is set up, any local police off 5c2? can enforce these provisions. Xayor NcClellan stated that 8 survey by Mr. Irby in Cardiff area of the County Health Department indicated that many of t'm faxflies intend pemaining for the winter, have put their children in school and set up prmanent quarters. Concern was expressed over the health menace to tht city. cmn. Ede moved. that the City Clerk be directed to contact the chief of the San Diego Division of the Highway Patrol and request them to investigate possible vio- lations of the laws as cited by the City Attorney. Seconded by Cmn. Sutton. All ayes, motion carried. After a ten minute recess, Mayor EJIcClellan reconvened the Councfl. The business license tax ordinance was discussed at length, and several points clarified. (See attached summary) There behg no furtbr business to come before the Council, I Cm. ktton moved for adjournment, seconded by cmyl. Castorena. All ayes, meeting adjourned. Respectfully submitted, -44- war . Hagen, fl City Clerk 3.0. SUIv1XARY OF DlSCU'sSION CY EdSTTESS LI7EXSE TAX ORDIXAN'CE (Council h'ieeting of September 9, 1952) The petition of a number of sub-contractors protesting pay- ment of the same fee for both general and sub-contractors was read by Cmn. Ede aEd discussed at length by the Council, with many sug- gestions from contractors present. The petition contained the recornendation that the license fee for sub-contractors be lowered -' from $50.00 to $35.00; or in lieu thereof, that the fee for general contractors be raised to provide a differential between the two groups. It was unanimously agreed by the Council that the fee for sub-contractors shoald remain at $50,00, and tb.at $60.00 per year should be charged general contractors; and that the possibility of negotiating an agreement with Oceanside as to reciprocal practices should be f'ully explored. It was agreed by the Council that all license fees should be payable annually, based on the calendar year, The question of exemption under Sectton 65 of professional pecitple operating from their homes and not employing other persons was discussed and several suggest.ions made to provide a maximum gross income. under which no license would be required. cmn. Zutton stated that UP, Anderson of the Municipal License Tax Associntion bd. ad~~ised that the city A$torney of For,tana had placed the fig- ure at $500.00, which the Council felt was much too low and set at $1,000.00. City Attorney Smith suggested .thz.t the classifica- tion of merchandise sales could be covered by placing a floor on the gross receipts schedule (Section 67) under which no fee would be chargeable. It was llnanirnorlsly agreed by, the Council that a bracket should be added in the Gross Receipts Schedule as follows: #OOO.OO to $2,500.00, no fee; and that persons so classified should file an affidavit claiming exemption, and pay a minimum registra- tion fee of $1.00. .I It was decided by the 'Corxncil (except Cmn. Grober, who had been excused) that a wheel tax should be applied on wholesale tmlcks of $10.00 per vehicle per year, (Section 64.) n;LINUTES OF CITY OOUNCIL "IIXG Septerrber 16, 1952 Meeting called to order by Mayor XcClellan at 7:15 p.m. in Oiltrsf Room at Twin Inns. Present beside Xayor McClellan were Cmn. Ede, Castorena, Grober, and Sutton, City Clerk %asen, City Treasurer Pace, and City Atty, Smith. Minutss of meeting of September 9th were read and approved. City Clerk Iisgen read the following communications: Letter from League of California Cities clarifying former letter in regard to annual dues. Cmn. Ede moved that; application be made to the League of California Cities for membership for calendar year ending December 31, 1952, with no dues paysble for this year. Seconded by Cmn. Sutto~. All ayes, motion carried, Letter from Coronado Tolice and Fireaen's Association an- nouncing Ball to be given Friday, September lgth, and Leaee of California. Cftiesf dinner on same night. Letter from Silver Circle Transportation Company, si~ed by Paul E. Armes , requesting permission to operate a taxicab bus$- ness in the City of Carlsbad. City Clerk Hagen was directed to acknowledge, but it was decided to defer action until the City has proper licensing authority and Police Department. Recommendation of Ca,rlsbad Planning Cornmission for approval of application of Cullen h. Hargett for zone varisnce on property at 1301 Pine Avenue. CD. Ede moved tlmt variance in side yard setback from 101 to 7' Se granted Cullen E, Hargett, in accordance with the recornendation of the Planning Comiiission. Seconded by Cm. Grober. All ayes, motion carried, City Clerk I%.gen. was pb- quested to so notify Mr . xIa[argett.