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HomeMy WebLinkAbout1953-01-06; City Council; Minutes8' I a 3 e .$ I I He also reported th.at the City Clerk had drawn up an allocation scale for the traffic safety fund, and also given some thought to allocation of the Special Gas Tax Street Improvertrent Fund, City Clerk Hagen read the figures referred to, and also reported that 78 bus iness licenses had been paid for this geaF and 25 or 30 were paid for 1953, He stated that there were approximately 50 more to come in for this year. .- Councilman Ede also reported that he had discussed with the City Clerk his dutfes 8.5 City Clerk and City Administr.ator, and that he felt that his duties as City Clerk take abou'tt half his time, Councilman Ede stated that 01 this basis he had prepared a resolution setting the sala.ry of the City Clerk at $150.00 per month, and making the present City Clerk City Administrator at @50,00 per- month, subject to an in- crease in salary as increase, of his duties warrants, City Attorney Smith. read an opinion on the matter, Councilman Ede proposed the adoption of a resolution fixing the salary of the City Clerk at $150,00 per month, pIus a ceptain amount to Be assfgned. to him for his minis- terial duties, which amount is set tentatively at $150.00 per month, first payment being due on January I, 1953, payable only as funds be- come available above currently contracted bills; hhdtthat the City At- torney draw up a resolution embodyin these -terms, which would corn within the provisions of the Code. geconded by Councilman Casto-rena, Four ayes, no nays, Councilmen Grober absent. Resolution adopted, Mr. Barter reported that two requests had come in for help along the dftching of the streets, one on Park Avenue and one on Olive Drive; that in both .cases the ground had been opened for cultivation and the water had washed down the road and stopped up culverts, but that both were now cleaned out, the Park Avenue job requiring.plowhg a ditch 1000 long, He suggested3hat when building permits are issued, culvert or driveway permits should be taken out at the same time so the work can be controlled. Bayor McClellan skated he felt the Coun- cil would be g.lad to receive recommendati.ons on that matter if it is practical for the City to issue encroachment permits and handle restor- ation work. Nr. Barter was asked to make a recanmendation on this matter at the next Council meeting, There being no further bustness to come before the Council, Councilman Castorena m'oved f OF adjournment,, Councilman Sutton s,eeoz;td- ingJ All ayes, meeting adjourned, v - ".~"~~.""~o~~""-~~."~.~"~~~o K MINUTES e. X~~EETI~G OF CARLSB~D c rry COUNCIL January 6, 1953 Meeting called to order by Mayor XcClellan at 7:05 p, m, at the City Hall, 3075 Harding Street, Present besides Hayor McClellan were Gmn, Castorena, Sutton, Ede, Grober, City Clerk Hagen, hblic Nopks Director Barter, City Attorney Smith, and Police Chief Palkowski. Minutes of the meeting Of Decertiber 16, 1952, were read and approved, . City Clerk Hagen read the following correspondence: Letter from State Comptrollergs office enclosing printed form in- dicating Carlsbadts share of %tor Vehicle License Tax as 82506.52, which has. already been received, Letter frm office of T, H, Sexton enclo,sing two copies of the Public Health agreement, fully signed, Letter from Lewis R,Chase suggesting simplification of present hmdling of encroachment permits to save contractors? time, Police report for December, 1952, Two letters signed by U, Max Palkowski, Police Chief; one regard- ing premium on false arrest i-urance, $14,00, covering Chief Palkowski and Offfcer Wolters; and the'other listing wages due Wm, T, bynes for 9 0, extra services during holiday period, 8s authorfzed.by City Council, amounting to $80.00 for eight days' services, Cm. Castorma moved, seconded by Cm. Ede, that the bills covered in these two letters be paid. All ayes, motion carried. City Clerk Ha 7:30 p. m., on the Street, for reclas 117, Carlsbad Land the reclassifi-cati gen reviewed the Notice of Public Rearing, set for application of Carl and Nata?.%e Manos, 952 Elm sification from R-1 to R-2 of a portion of Tract .so There being no protests, Cmn. Ede moved that on as recommended by the Planning Commission be' granted; and that the City Attorney be instructed to draw up an OP= dinance to accomplish such zone change. Seconded by Cm, Grober. A11 ayes, motion carried. City Clerk Hagen read a letter from the Corps of Engineers, &os Angeles District, advising that no report had been =de on the pro- posed Agua Hedionda survey, although the survey had been atxthorized, T.he City Clerk reported that he had written NIr. Heggland in SanDiego regarding the matter and xas awaiting word from him. City Clerk Hagen read financial statement as of December 31, 1952, showing balances as follows: . General Fund . . . . . .$&B9.92 Traffic Safety Fund . . . 946.56 Special Gas Tax Street Improvement Fund . . . 4291.29 He stated that since the first of January a bill had been received f'rm the County for work done in Noaexber, 1952, amounting to $791.96, but that no bill had come in from Oceanside on ths conurnmications and jail facilities agreement. Mayor AficClellan suggested that a state- ment of accrued liabilities, such as unpaid rent, etc. s be included in each financial statement. City Clerk Hagen reviewed the-Notice of Public Hearing, set for 7:45 p. m., on the application of Irving and Ruth Cummings for reclass- ification from E-2 to R-1 of portions of Tracts 236 and 237 of Thum Lands. Mayor McClellan rednded the council of the recommendation of the Planning Commission t@t recZassification be made to R-1A -In- stead of R-1, which zone it is proposed to create by adoption of pro- posed Ordinance 9009. City Clerk Hagen read proposed Ordinance 9009 establishing and regulating uses of Zone R-1A. Cmn. Castorena moved the adoption of Ordinance 9009, Cm. Ede seconding. All ayes, no nays, no absen-tees. Motion carried. There being no protests to the granting of reclassification re-. quested in the Cwnxlings applimtion, Cmn. Ede moved that the recom- mendation of the Planning Commission that the property described in the application of Irvhg Cummings and Ruth &xmnine;s be reclassified from E-2 to R-U, be accepted; and that the City Attorney be instruct- ed to draw up an Ordinance accomplishing such zone change. Seconded by Cmn. Grober. All ayes, motion carried. City Clerk. Hagen read a memorandum from the Carlsbad Planning Commission, containing. recommendations as follows: (1) That a portion of the westerly 15 feet of Ocean Street ad- joining the property of Benjamin F, and Adeline M. Taylor be+ vacated, and that any future building be required to be set back.not less than 28 feet fro= the street, Mr. Taylor to pay the costs, to be not less than the @.O.OO fee charged for a variance. (2) That the application Of Gallinger Construction Company for variances as advertised, be approved;-and that a fee of $10.00 per lot be charged, for a total or $270.00. (3) ' That the petition of Ralph C, and Esther Calkins for re- duction in building site area from 12,000 square feet to 9800 square feet for two separate dwellings, and variance in rear yard setback from 25 feet'to 20 feet, on property at tb southwest co*er of Harding & Grand, be granted. (4) Action on the letter from Ray N. and Esther Halsey offering to dedicate to the City a private road through Buena Vista Gardens, deferred to January 12, 1953, for consideration at the next Planning Commission meeting. I :a A9 e fc -9 =a: k=- l I 9 (5) .That refund be made to &Ws. Tess Guidotti of her applica- tion fee, as a variance of more than 50% cannot be legally granted. (6) Report that study is continuing on the question of minimum .floor.. area for dwellings. Regarding the Halseg matter, byor McClellan suggested that s.ince tbre were Planning Commission members present, including Chaiman Robert Sutton, it might be very helpful to them in their. further con- sideration of the subject if members of the Council would express ideas and suggestions as to what; should.be required in the way of curb$, drainage, etc,, before dedication of this road could be accept- ed by the City.. Mr. Barter mentioned various types of curbs and brought out blueprints showing different designs of curbs which would 'be acceptable, It was brou&t out that in a proposed subdivision ordinance now under study by the Council members, the subdivider will be requi-red to construct sidevalks, curbs and gutters; t'nat under FHA f bancing eurbs are required, md that in the Palm Vista Tract, the subdivider is installing them. Other features such as fire hydrants, and the possibility of future extension of the road, were touched. upon. City Clerk Hagen reviewed the Motice of Public Iiearing, set for 8:OO p. m., on the application of George F, X, Dailey and Josephine Dailey for reclassification from E-2 to R-1 of property at Chestnut and Highland Avenue. Mayor McClellan reminded the Council of the recommendation of the Planning Commission that a minimum Lot frontage of 75 feet, abutting on a dedicated street, be required, and that re- classification be made to Z %e R-lA rather than R-1. There being no protests, Cnm. Ede moved that the recommendation of the Planing Com- mission to grant the change from E-2 to R-1A on the Dailgy property be adopted; a-nd that the City. Attorney be instpucted to draw up an Ordinance accomplishing such reclassifi cation. Seconded by Cm, cas- torena. All ayes, motion carried. City Clerk Hagen read Proposed Ordinance 2005, providing for 'the forratltton and regulation of the Volunteer Fire Department of the City of Carlsbad. The newly elected Chief, Virgil Luther, was introduced by Huskon Tucker, retiring chief, who also made a short statement as to the election of officers held. %'ne preceding night, Dwing discus- sion of the Ordinance., Cmn. Sutton raised the question of providing for remeration for the firemen in the Ordinmce, to become effective when financial circumstances of f31s City permit, Atto'mey Smith stated this could better be handled in a later ordinance. Cmn, Castorena asked whether the buraing off of weeds during the dry season by the Department at the request of property owners, as has been done in the Past, should, be a part of a fire prevention ordinance, which would al- 80 COW?? issuance Of burning permits, etc, James Davis of the. State Forestry Service Was present and. stated that in accordance with their agreement with the .county, tfis Forestry Service would readily respond to any calls in this area if equipment and manpower were available, but that their priLEWy duty was to water shed and river-bed areas; and that their policy in incorporated areas was that the call must be ordered by tha Chief of the Fire Department. During discussion it was brought out that Carlsbad has 26 fire hydrants, one one of which (the one sihated near the elementary school) met standard requirements. Mayor %Clellalz stated,that a member of the Council lmuld be named whose responsibility it- will be to keep in close touch with the Volun- teer Fire Department, and whom the Department can cmtac% &en need arises. ~mn, CaStOrena moved that this constitute the first -mading Of proposed Ordir"me 2005,. and t.hat it be tabled for a second read- ing at the next regular meeting on January ZOth, Seconded. by cm. Ede. All ayes, ~OtiOn carried, Nr. Luther was asked to furn-ish the City Clerk with tbe names of the officers recently elected, SO that a resolution can be drawn confirming the elect ion of officers. byor NCClellan suggested that since the adoptfon of this Ordinance will be 8 rather important OCCaSiOn, a little ceremony might be arranged, md firmien present agreed to eo-operate, Huston Tucker' reported that there seemed to be some discrepancy 011 misunderstanding in connection with the insurance policy held by the Chamber of Commerce, cover'ing the fireman, as only ten men were covered; md the City Clerk was requested to ask the Chamber of Com- merce for the policy on the Fire Department, He was also asked-to check with Bandy to see if. he would be able to write the Sam type of insurance as that expiring this month, at a conmarable price, as it was agreed that opportunity should be given other firms to write 32 some of the Cityfs insurance. Cmn, Ede moved that the City Clerk be authorized to contract the insurance for the fire equipment. Seconded by Cm. Grober. All. ages, motion carried. City clerk Hagen P8VieW8d the recomend,ation of the Planning Corn- mission in regard to the Tess Guidotti application for variance. Mrs. Guidotti was present and expressed a desire to revise her IWquest for reduction in rear yard setback to the legal limit of 12* Feet and have i' placed on the Planning Commission docket for the next meting on January 12th, which was agreeable to the Council. After a 15-minute recess, Mayor McClellan reconvened the Council. Copies of proposed S,,bdioision Ordinance were passed to C,uncil.mem- bers for their study, On the Ben Taylor Application for vacation of a portion of Ocean Street, Attorney Smith outlined the steps necessary to complete the vacaticm, io e., to draw a resolution of intention to vacate, which resolution is published in the paper and posted every 300 feet within the area to be vacated, and a hearing then held pursuant thereto. A map of the area and surrounding territory was examined , by the council members. Mayor HCClellW suggested that the corner of the property vacated should be rounded to present a more pleasing appearance and sa-fer approach from the wider portion of the,street., and Mr. Barter stated that for the same reasons he would suggest a reverse curve. After considerable discussion, Cmn, Castorena moved . that the hblic Vjlorks Director be instructed to have a conference with IW. Taylor, with Cm.. Grober sitting in, to see what could be worked out that would not interfere with his building plans, and bring back a recommendation at the next meeting; also that the City Attorney be instructed to prepare the necessary papers for consi8era- tion of the Council at the next meeting. Seconded by Cm, Ede, All ayes ,, motion carried. Mayor bIcClellan reminded Mr, Barter that the proceedings will require a suitable legal description of the property, In the matter. of the application of Gallinger Const2?uction Corn- pany for variances in Palm Vista Tract, there being no protests, Cm. Ede moved that the recommendation of the Planning Conimiss-ion be adopt- ed, and that the Gallinger Construction Company be allowed the vap- iances requested, subject to papent of fees as provided in the Plan- ning COInELiSSiOn recomendation, Seconded by &?, Grober, All ayes, motion carried, In tb matter af the application of Ralph and Esther Calkins for reduction of building site area and variance In rear yard setback, there being no protests, cm, Ede moved that the recomend.ation of the Planning Commission be adopted and variances granted. Seconded by Cmn, Castorena, All ayes, motfon carried. Referring to the letter from' Lewis Chase, Nr, Barter stated that present handling of encroachments by the County represented a con- siderable waste::' of tin@ am effort, and recommended that the Ci% handle the encroachment permits and collect the fees involved. City Clerk Hagen stated that Paragraph 2 of the agreement with the County covers these services and provides for cancellation upon thirty dags' notice. Attorney Smith gave the opinion that the agreement could be modified'by notifying the County that, except for Paragraph 2, all other parts of the agreement would remain in force and effect. After discussion, Cm. Ede proposed the adoption of a resolution authorizing the City Clerk to negotiate for the termination of Paragraph 2- of the agreement with the County Road Dppartment, either by mutual consent or by servlng thirty daysf notice. Seconded by Cm, Sutton. Five ayes, no nays, resolution adopted, Tb. City- Clerk was asked to check with the City Attorney as to type of resolution required. City clerk Hagen read proposed Ordinance 1011, establishing a Sani.tation ColllIIZlssion. Attorney Smith expressed the opinion tket a judgment of the Court will be handed down before the next Council meeting, deciding the status of the Sanitary Board, and that a first meeting, deciding the status of the reading of the Ordinance at this meeting would enable its adoption or rejection, depending upon the judgment of the Court, at the January 20th meeting, He stressed the need for validating certain acts performed since the date of incorpor- ation. He also stated that monies which are in the Sanitary Board Treasury will come to the City of Carlsbad, to be administered in a separate fund. Mayor NcClellan suggested that the Council give con- sideration to changing the Ordinance to an emergency Ordinance so it could become effective immediately upon adoption. Mrs. Jane Someman, 9.' assessor for the Sanitary District, asked what should. be dme. with accumulating corresgondeace, and it was suggested that it be held pendin ou.tcome of the snit. Cmn. Ede moved that the Ciky Attorney'be instruct- ed to add the emergency clause to the proposed Ordinance 10&1, and to maw up such resolutions a8; a.re necessary to accomplish validation of the acts which have been performed, and any other resolutions or or- dinances as may be indicated by the nature of the Court order. Second- ed by Cmn, Grober, Cm, Sutton objected to Section 7, providing for compensation of members, inasmuch as Planning Commission ani3 Council members serve without compensation, Vote: Ayes, Cmn, Ede, Grober, Castorena, Mayor McClellan. Nays, Cm. Sutton. Motion carried, I a 3 $4 f 3 i- City Clerk Hagen read proposed Ordimnee' 9012, changing zone of certain lands in Tract 98 and eaet 99, Carlsbad Lands, from Zone R-2 tozone R-3. Alter correction of theband description, Cmn, C,storena moved that this constitute first reading of Ordinance 9012;- and that it be tabled until January 20th. Seconded by Cmn, Grober. All 'ayes, motion carried. City Clerk Hagen announced that January 21st at 12:OO noon had been tentatively set for a meeting between the Oceanside City Council and department heads and the Carlsbad Cft Council, at the Carlsbad Hotel, with the Carlsbad City Council hos z ing the Oceanside group. Besides the,Council members, it was suggested that the City Clerk, City Attorney and Mr. Barter attend, City Cle.rk Hagen was asked. to make ar- rangements 'for a private dining room for tb meting. City Clerk Hagen announced that a meeting had been. set up for Thursday morning at 10 o'clock at the City Hall, with Mr. Christensen and Mr.. Steele of the State Department of Employment, regarding an industrial survey which the City of Carlsbad had requested some rnoriths ago. A committee appointed by the Chamer of Commerce is to be present, and the City Clerk was asked to call Col. Smith and Col. Gronseth, inviting them to attend. City Attorney Smith gave a summary of the progress of the ease of Williams vs. ElcClellan et al, stating that the City's brief in the case is due January loth, after which Nr. Williams ha-s thirty days to submit additional briefs. .He stated that he has been consulting with &Ips. Nasland of the County C.lerk*s office in regard to photostatic copies of the incorporation proceedings, and that .these are being obtained as fast as available. In view of the extra stenograph,ic work necessary, the City Clerk was instructed to work with the City Attorney, and it was agreed that extra costs incurred by the City Attorney for stencils and other materials should be paid.by the City. T,he question of matching and obtaining the "Christmas Tree" funds l was discussed. Mr. Barter stated that the application was not in proper form but was allovmd to be set up on th books, and Mayor ;IC- Clellan reminded. the Council that it would be necessary to do some- thing abaut matching the funds in the very near future. Cmn, Ede stated that ,the matter had been discussed at the meeting with the $an- itary Board and it was brought out -that the State was not too pleased wZth the disposal situation here and it might be necessary to use the money fop. the disposal plant instead of for Metropolitan District water, Cm. Castorena reported that Dixon-Helley &tors had offered the City 8 1953 Ford TT-8 Mainliner &door Sedan, filly equipped for police work except for sipen, for $2178.04, ~an~ch price contemplated a fleet discount, and that arrangements can be made with a local bank whereby the car clan be purchased without a down payment, The City Attorney was asked whe$ter the City could legally enter into such a deal, and stated that it could do so but that bids should be obtained, and that such a purchase would be a proper charge against the Traffic Safe%y Fund. Cmn, Castorepa stated that he believed the payments would be less than the mileage. now being pai.d and that money would be saved in the long run. Police Chief Palkowski stated .that the City should have a car by the time another man is put on, and suggested ,that bids be invited for the servicing of it. Cmn, Ede moved that the City Attorney Be author- ized, with the help of Cmn. Castorena, to draw up specifications and ask for bids, and also ascertain what terms of financing are available and proper, for the purchase of a police car; and also for the servic- ing of Sam. Seconded by Cmn. Castorena, All ayes, motion carried. Police Chief Palkowski stated that in his opinion it would be to the City's advantage .t&uy a solid--colored car, rather than the 'black-and- white unit designed primarily for working traffic, I 94 " Mr. Barter reported that on the freeway at Elm Street, where water has been pumped for two or three mo.nths, he had been informed by Breeden, though the sub-contractor who is putting in the paving, that the water is ruining the paviog; and that the County Inspector was there at the time and. had concurred. He reported that he had contacted Bressi.& Brevanda and had been assuped by them that they would be through pumping by Wednesday, the 7th, and in answer to his question as to whether they were prepared to ..pay for any damage to the roads, had stated that their public liability insurance would have to take care of the damge. Mr. Barter stated that he had talked with the City Attorney, who was of the opinion -that the City could sue the contractor successfully if the streets have been damaged. Ciby At- torney Smith stated that most cities have an ordinance prohibiting pumping of wa ter on City s treets . It was decided that since the pump- ing wuuld be finished this week, any action should be deferred until that time. Uagor NcClellan raised the question of the difficulty .of establishing that the damage was due to their pumping, rather than accumulated drainage water.from rains. Nr. Barter stated tkt the pumps operate continuously, pumping at a rate of 15 to 20 gallons per minute, and that the sewer.:.:contractor' maintains that he cannot fix the streets because of the damage being done to thsrn. &yor Me-. Clellan suggested .that it might be well to have the City clerk join with the present chairman of the Sanitary Board in a letter to -the contractor, pointing out that since there is a probable or pOSsibl8 change of aythority pending, their inspector should make regular cantact with the City. The Cit Clerk was asked to draft a letter and ask Mr. Anthony to join wit% him, pointing out the present unde- termined status of the Sandtary Board and the probable transfer to the City, and asking .that the contractor make regular contacts at th3 discretion Of the Public Works Dj+ctor. IVIr. Barter repopted that upon receiving numerous complaints from persons suffering from water damage, he had attempted to contact the contractor, and had had consfderable difficulty in doing so. P olice Chief Palkowski announced the coming county-wide traffic safety meeting to be held In the Conference Building at Balboa Park on January 15th, and the meeting of Police Chiefs to be held Wednesday, the 'lth, in'Coronado. There being no further business to come before the meeting, C*. Suttm moved for adjouxwment, Seconded by Cm. 'Castorena. All ayes, me&€ing adjourned. v R pectfully submitted, X' ""-""~_~"-w~"w""-~~"~~"w-~ MIW T3S OF I'E3TTKG OF CARLSBAD CITY COUPU'CIL s Jamaq 20, 1953 fbjeeting called to order by Kapr IkClellan at 7:OO p. m. at the Cith all, 3075 brdi95 Street. present besides the ~~ayor were- Cm. Sutton, GrQber, Ede, City Clerk Ragen, Fublic Works Director Barter, and City Attorney. Smith. Absent, Cmn. Castorena. TJinutes of the meeting of January 6th were read and approved. City Clerk Ea~er,. read two letters from the Carlsbad Volunteer Fire Department to the City council: ' one giving the names of recently elected officers, per the City's request; and one listing equipment urgently needed by the Department to operate at full eff'iciency, amounting to $1690.00. Five members of the DepaFtrnent were present: vir821 Luther, R. W. Rardin, Jerry Standish, Hayry Larson, and Eddie Garcia. They stated that most urgent need at the present time was t'b siren, costing $250.00, with an installation charge of $25.00 to $30.00.,. Mr. Rardin explained the system whereby the siren- would be eutomatical- ly set off when the fire station phone number fs called, md would sound until the phone vias answered. All members stressed the urgency of this need., especially for day-time calls, as an instarn:t~neo~:.me,€hod of mtifying volunteer members, to avoid critical loss of- time. X,, Luther stated that the Dspay'cment wo;l:d arrang2 for the installation of the siren if the City would reimburse them later.