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HomeMy WebLinkAbout1952-11-04; City Council; Minutes6 I 4 3 9 e 3 %: I and the tops would be grated. Estimate to be $235.00 for two . holes to go down 24 feet and 12 inch or 14 inch pipe through a cut to make a distance .of 250 feet to railroad track. No action was taken at this time. Steps will be taken for tempora-ry Dumping in csse of heavy rain. It was stated there is also a simi1a.r pro- blem at Madison and Grend and also one at Roosevelt between Grand and Laguna jdiayor AfIcClellan asked what should be done for tree trimming, tree removing, etc. Gm. Ede suggested if trees’ are on CitS pro- erty the matter should go to the Planning Commission If not on ‘it.,- property the matter be referred to b. Barter. rt vas su gested that a committee ’oa established for this p:lrpose. The &tg Attorney will outline the procedures that ar’e open to us in this matter of handling tree trimming and tree removing, stc. byor McClellan asked blr. Barter to outliye the interview t’hay had with lrAr. Breaden and &. Barber, sewer contractors. They took a trip around the mea where the sewers had been &&%do Three things were called to his attention, which are the piles of dirt around the man ,holes; the streets are covereq. from side to side with dirt and the matter of resurfacing the streets were discussed with the contractor. of our City E ouncil Neetings, which will be two regular meetings on the first and third Tuesdays of the month starting at 7:OO p.m. Cm. Ede moved this Ordinance be tabled until our next council Meeting on lvovember 4, 1952. Seconded by cmn. Castorena. “11 ayes. Motion carried. Ordina ce 1008 was read regarding the time of meeting dates A card from the Army at Camp Roberts was read’by ‘ity Clerk Hagen informing us thzt a resident of Carlsbad. just returned from overseas Korean duty, stating that Pvt, 1st (bass Rafael Ilernandez will be on a thirty day leave beginning October 27, 1952. %no Ede suggested we write him a letter expressing our appreciation of his service rendered and to welcom him back to the City. Mayor McClellan spoke regarding the Proclamation of USO-PAL DAY. The Council had no objections to this and stated that no action was necessary from the Council 2s the Eayor is the one that ay pro- claim the day. There being no further busiaess to come before the neeting, Cmn. Sutton moved for adjournment. Seconded by.Cm. Grober. *11 ayes. Meeting adjourned. Ilaspectfilly submitted, r #. MIMUTES OF CITY CO UEJCIL hZETI’LL’G Movember 4, 1952 I The meeting was called to order at %:OO p.m. at the City Hall located at 3075 Hzlrding Street. The roll was called and the minutes of the last meeting were read, Present besides Mayor McClellan were Cmn. Sutton, Castorena-, Ede, City Clerk HaZen, H, E. Barter. ’ Absent: Cm. Grober. City Clerk Hagen read the minutes of the last meeting, which were approved as read. City Clerk Eagsn read tk following communications: Letter from Bertram &Le,-s, Jr., County of San Diego, Office of the County Counsel, regarding public liability and. property damage insurance for the maintenance of the streets’ in the City of Carlsbad. 66. Letter from Division of Highways, R. L. Bcuthel, District Office Engineer, acknowledging our letter of Octo 22, 1952, re- gardir!g City Limit signs designating popul&tion of the City of Carlsbad at the State Iiighway entrances to our City informing.us that the signs Save been ordered. Letter from Lauren c. Eaight, Assistant Actuary, Board of Administration, State Employees? Retirement System, -regarding ac- tuarial investigation and valuation on tk basis of the present employees of the City. Letter from Controller of,the State of California, Sacramento statirig that a State Contro.ller s warrant hss been issued and nailed. to our City Treasurer which represents our Cityts share of appor- tionment of Alcohol Beverage Licenses Fees for the period of lvlarch 1, 1952 .to August 31, 1952 in the anount of $lsO.OO. Letter from d. hi. Sutton, Chairman of the Planning Commission clearing up the misinterpretation of W. D. Cannon's statement which was made before thecity Council on Oct. 28, 1952 regarding the requirements of the Planning Commission on subdivision map, Letter from Chief Palkowski regarding applicstion for a Certificate of Public Convenience apd Necessity which W~S received fpom William Terry Carman and Paul Lee Carnan, Yellow Cab co., Oceanside, California. City Clerk Hagen read thecarlsbad Police Department's rnonth1.y report for uctober, 1952 which consisted of the various activities that occurred duz-ing th5t month. Letter from Bertram kLees, Jr., regarding Public Efability insumnce and property damage insurmce was discussed. 1'0 action was ne.cessar-y- st.this time as according to letter we received from him the Road Departwnt is going to recormend to the Board of Supervisors on Wednesday, T\iovember 5, a modific.3t ion of the agree- ment waiving the requirement in paragraph 5 that the County be named as co-insured. If the Eosrd of Supervisors accepts this re- commendation, the Road Department can then irmedistcly comrmnce maintenance of OUT City's streets under this agreement. Mayor BIcClellan stateq that tk City Limit signs desig- nating the City of Carlsbad s populztion to 3e 6,963 b~ve almadg been posted. City Clerk Hagen will write a letter to Bivision of Highways and express our appreciation of their promptness .to our re ply . Letter f-rom Lauren c. bight, Assistant Actuary regsrding actuarial investi ation and valuiition on the basis of the present ernplopes of the gity was discussed.. cm. Ede movt?d we authorize City Clerk Hagan to take steps to hsve actuarial investigation commmce at the cost of $10.00 for each employee, Seconded IYJ Cmn. Castorena. All ayes. otion carried. Ivr - Letter from Controlldr of the S,ate of California was dis- cussed regarding our apportionment of Alcohol Beverage License fees. No action is neoessary as we have already received the $150.00 due us . City Clerk Xagen stated that a check in the amount of $5,450.89 for spacial gas tax street improvement fwrd has been received. I of Planning Commission took place. %. 'utton stated he contakted Mr. W. D. Cannon regarding his statement and reported that he is back to work on the map and will be preserit at the next meeting Qf the Planning Commission. Cm. Eqe stated he appre-ciatad the information contsined in Mr. Sutton s letter regarding the facts contained therein. A discussion regarding letter from R; bf. Sutton, Chairman - Discussion took phce on the application of William Terry Cspman and pal Lee Carman for a Certificate of Public Convenience and L'ecessity. Cm. Castorena moved we defer action on these I 9 n * ?* 3- h m-’ .4 ”A, I I .t ti application until our next City Counc5l Meeting which will convene on November 11, 19.52 so that the app1ic:Emts rn=o,y be: notified of the ZBetine;, publication may appear in the paper. and Chief PalBowski will be present. SecQnded by cm. %le. 811 ayes, koti,on carried, ‘t was decided that the discussion of the monthly police report be deferred until Cm. Castorena h:?s his report, A hearing W~S held on the application of Joe Cockrell et a1 for reclassificgtion of property from R-4 and c-1 to 3-1 on property deBcribed as: Buena Vista Gardens and the Entrance Way to Buena Vista Gardens according to Ikiap 2492. Cmn. Castorena moved. the adoption of the rscomendation of the Planning Commission to rezone above $e- scribed property from R-4 andC=l to R-l on Joe Cockre11 et a1 appli- cation but that the exceptions requested not be granted. Seconded by Cm. Sutton. All ayes. tluiotion carried.. Ibs. Dunn, of the Cz-Tfsbad Jollrnal asked if a large zone is rezoned into a smaller zone wdld property have to be re-assessed, lilayor McClellan stated that they do not re-assess the 2or.e changes. kxnorandum to the City Council .from T. Bruce Smith City Attorney was read by City Clerk Hagan giving legal ad.vice on zone changes from a mor6 restrictive land. use category than the land use category de- scribed in the notice of hearing. Cm, Ede moved we rzscind the motion of last meting and. re- consider the application of &. Vl. J. Boman for reclassification of property from 8-2 to C-1 which Planning Commjssion recommended be den$ed and instead be reclassified from R-2 to E-4 on property desc-ribed as: South half of Block 7, Carlsbad Townsites, and thst a hearing be set for liovsmber 18, 1952 at 7:30 p.m. at the City Hall zt 3075 Harding Street. Seconded by Cmn. Castorena. All ayes. “otion carried, City Clerk Iiagen read Ordinance No. 1008 establishing the dates and the hour of council Meetings which repeals Section 1-a of Or- dinance 1C05, Cm. Ede moved the adopt:on of Ordinznce 1008. Seconded by Cmn.-”utton. Four ayes, No nays. gm. Grober absent. &otion carried. City ‘;ler-L Eager, resd proposed Ordinance 90C7 prescribing zone change in Industrial ‘Yract from 3-3 to 26-1. hm. Edc moved this Ordinance be tabled until next Council fdeeting on “ove&er 11, 1952. Said “rdinance ammds Ordinance 900.5, Seconded by ern. Sutton. All a yes . “*o t ion carried, City Clerk Hagen read Ordinance 9006 prescribing zone change in Tract 236 a:d 231 of Thum Lands from 3-2 to 3-2 zone. Cmn, Ede moved this Ordinance be tabled until next Council meeting on Noverriber 11, 1952, Seconded by cmn. Castorena. All ayes. Motion carried. Cm. Sutton had nothing to report on wster at this time. Cmn. Ede will check tentative Police Budget which was submitted by Chief Palkowski . Financial Report for the month of October, 1952 was read by City Clerk Bagen which is as follows: SPECIAL G .IS TAX STREET INIPROVEMENT FUND Receipts $5,450.89 Disbwsements 22.40 - C aslrt,:on hand $5,428.49 TRAFFIC SAFETY FUXD Receipts $668 . 50 Disbursements 177.40 - 25.59 - 23.99 - - - - Cash on hand $441 , 52 ;ai Gl3IERAL FUND ~ _~~_ ~~ ~ ~~ ~~~~ Receipts; Bu'i Lding pe r mi t s Variances & rezoning Licenses Fees 1VIisc. (3 maps) $1,991.00 330 a00 320.00 30 .OO ' 6.00 2,677.00 Disbursements : galaries I& le age St at ionary, e tc , Dead seal Cgis h on hand $2,454.32 80,OO 70 .?O 6 SO .mr $65 , 48 Discussion took place. It was stated that $177.40 disburaement on Financial Statement from the Traffic Safety Fund represents 2,218 miles on the police car at 84 per nile. $668.50 is the total amount received from Traffic Safety Fund SO far. The last aimmt was $307,00 hiayor f~IcClsllan suggested City Clerk Hapen look up the mec- hanics of th gas fund and fin& out the procedure of transferring cash from one fUna to another. It was reported that fl,verilber 13, 1952 is the suggested. effective date to isaue business licenses. cm. Castorena suggested we publish a notice in the paper notify- ing the people of the effective date. that Can. Csa'.;orena reported the srrrange?ents/were drafted by Mr. Li-llcy and the Oceanside City Attorney which are to be presented to the City council of Oceanside for consideration. Proposed Agree- ment consists of the following: A charge of $5.00 for the first day that a prisoner i,s booked in the Oceanside Jail and $2.50 for each succeeding dag t'h.;t he is keep in custody. If the prisoners are in for any grest period of time they may be used as a trustee <md may be used to work on road maintenance. This fee includes housing and two meals a day. The charge for commnication facili- ties is $50,00 per month with all of the commnication facilities including tb teletype. '$1.00 rental per month will be charged for the use of the Motorola R,adio Receiver. After proposed Agreement is officially autho-rized any citizen can call direct y to 0. eanside Police Departmnt in case no one is at the CarlsSad $olice fiepart- ment at the time and his call will be put immediztely on ths air. Cmn. Castorena reported that we purchased two radio transmitters from La Mesa Police Department at $$20.00 each. An additional cost of $18.00 covered the antena, crystal and installation of the trans- nit ters , Cm. Castorena suggested we publish the Police Departments monthly report of activities that occurred during the month of October in the Carlsbad Journal. I Nayor %Clellan ssated that he personally feels the Police Department should be commended for the extent of service they have provided to the people of Carlsbad with. just two officers and reserve, Discussion took place on our Reserve Officers. The origi- nil suggestion..was to recruit 15 men for reserve officers, and each man will be thoroughly screened as to character to fit into tb department. They will furnish their own equipment with the excep- tion of the badges and head pzece as these two item are property of the City, Discussion followed as to the insurance cover3.e on these Reserve Officers as it is the obligation of the City to keep them properly insured. cmn. Castorena will investigate the possi- bility of including the reserve unit under Civil Defense in the County, as the County would provide the insurance. Xayor itIcClel1an stated it would be proper to have a plan introduced r$gsy,3ing this matter in writing to be, presented. befo,:e the City Council for ap- proval. City Clerk Hagen suggested a Resolution be made regarding this matter of intregating into Civil Defense, 6 I 2 1 4 d - 3 P L I. Cm. Ede moved adoption of a resolution authorizing payment of 84 per mile to Chief Idax Palkoaski for use of the police care for officifi business. Seconded by cmn, Castorena. Four .ayes, no nays, Cmn. Grobar absent, motion carried. Cmn, Ed.e moved we adopt a rssolution expressing our thanks to &so Verrnilyea for her services rendered and. that she bill us for time she spent at Council gjeetings, Planzing Commission Meetings and time spent at home for stenographic services at $1.00 per hour. Seconded by crrm. Castorena, Four ayes. 80 nays. Cmn. Grober absent. Mot ion carried. Slow zones for residentla1 areas that have children was discussed. %. Bartor will make a study of this and make hts recommendations to the City council at the next meeting. Mr. Barter reported that he spoke to xiss Tuthill regarding bids he has for her trees at Grand and State Streets. It was reported that she felt the City should handle the matter at their expense as the trees were on City property, kwever, the tres at Skyline Drive she will have removed at her own expense but would like a letter authorizing her as to this effect, City Clerk Hagen stated that a letter of authorization has been sent . Nr. 3arterr.reported that he received a complaint from L~rs. ikike Lewis against the contractor of the freeway. The complaint was that water from the catchment basin flows down to her property. He dammed up the outlet so that water was standing adjacent to her property at the corner of Chinquapin and the freeway. b1r. Barter spoke to the contractor and he, said he ;JTiould attend to the matter and.:Statted that in doing his work he found it necessary to deck it off. 1%. Barter also asked &. Richardson about the Estuary. He said he understood San %ego GBS tc Electric Company had given per- mission to tk contractor to put the two 30*'. pipe Zhrotxgh the dike, Mr. Barter will see the cantractor tomorrow as it was told that it will be three or four months before t'!e contractor will let the full 'flow of water through the estua-ry. of OUT citizens of closing this lagoon. Zm. Ede moved that the City Attorney Brtics Smith be authorized to make a study of the possfbility of liability on the part of the contractor in tb closing of the Agua Hedionda Estuary by the present fill across the main channel and report back to the Council, Seconded by Cmn: Castopena. H11 ayes. Motion carr fed . ' Nayor McClelIan stated that the Cit has a right in the interest Cmn. Sutton was asked to investigate and prepara a rsport con- taining various information about the water situation and point out the difference in the method of operating and the amount of money it will cost so that t'm people of Carlsbad will be inforned-,:be'fore they vote on annexation. It was suggested cm. Sutton write the Brater .Company for the pertinet facts regairding this matter.. 'he Irrigation hstrict Committee will make a report on th? estimeted cost of this project and an effort will be Eade to gain what figures we can. I Mayor fJcClellan suggested we make an inquiry to San fiiarcos and. Encinitas for the consideration of a possible joint pipe line as far as the need is concerned for admission to the water authority as it would be advantageous to them and to us. TMre being no further business to come before the meeting, Cmn. Ede moved the meeting be adjou.rned. Seconded by %me Casto-rena. All ayes. Iviotion carried. Respectfully submitted, ,,.. 70 TdINUTES OF CITY COUNCIL fdE:ZTING November 11, 1952 8 The meeting was called to order at 7:OO p.m. by klayor Mc- Clellan. Those present besides Mayor McClellan were Cm. Sutton, Castorena, xdee Grober, City Clerk Hagen, Director of Public Works, g, H, Barter, ity Attorney Bruce Smith and Cnief Palkowski, Minutes of the last meeting were read and approved. City Clerk Hagen read the following communications: Letter from T. H. Sexton, County of San Diego, Board of Supervisors regarding public liability and pr*operty damage insur- ance for the maintenance of the streets in Carlsbad, ir,forming us that paragraph 5 in the agreement between the County and the City of Carlsbad has been waived by the Board of Supervisors, Letter from Fred H. Kraft, Senator iu?oraipg us that he has asked the Legislative Counsel to prepare a bill introducing leg- islation to grant title to ths tidelands oppurtenant to the City of Carlsbad as per our request. Letter from Robert c , Klove , Acting Chief , Geography Divi- sion, %r%au of the Census, Washhgton D, c., requesting a map of Carlsbad and for us to insert the correct City %mits and sign the map with official title. City Clerk Iiagen will hand12 the matter. blemorandum from T. Bruce Smith giving legal advice on the possibilities of liability on ths part of the contractor in closing the Agua %dionda Estuary, Memorandum from T. Bruce Smith giving legal advice on what steps are necessary to complete a dedication of lmd to the City. hlemorandum from T, Bruce Smith giving legal advice regarding what point in the construction busir,ess does an individual cease being a builder of his OWE houses and become a General Contractor, Post card from the Army informing us that PFC William F, Biebush of 3358 Eureka Place, will return hone upon separation from the service on November 8, 1952. The following reconlnmend stions were received from the Planning.. (1) That the request of Bernard and/or Anita Robinson and Comission: George H. Williams for rezoning from R-3 to c-1 be granted. (2) That the request o'f Joe J. clc Reyes F, Rodriguez to rezone from R-2 to C-1 be denied, (3) That the request of H. M. & Hattie E. GiSgsn for zone variance of building site area be granted. (4) That the request of Irving C% Ruth S. Cummings, hrry J. and. Margaret c , Stone and George F. N. Dailey and Josephine Ivi. Dailey to rezone from E-2 to R-1 and the large area located between the freeway and 150 feet East of Highland as recommended by the Planning Commission 1imitj.ng 75 foot minimum lot frontage remain as originally recommended. City council may if it deems necessary change the designation to x-1A or similar designation to separate it from the prssent R-1. Change d.oes not prescribe any deflnite f Font age , (5) That the tentative subdivision map submitted by by. D. Cannon for Terramar Subdivision Bo. 4 be accepted subject to placing a 20 foot alley way in the bushess block between A and B Streets. Discussion took place regarding the tentative subdivision map of W. D. Cannon.