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HomeMy WebLinkAbout1953-03-03; City Council; Minutes1. Q house to the sewer ard he said that he would recoExei7.6 the Qi-aagebupg tile, 2nd -tl::I:j. i he knew 0.r d~ihe ~~*~~~p,s t'm.t 1fi;er~ usj~lg i." L altogether, as .it VJES x;iuch G;.r-=aper; that, ;?e timughi; It W~S all rj.ght. Cmn, Gr~bar: reported tF~at, he had teljc:~; w:;-th '"y*.Lang, VJIio stGteci he would take out tj7e tyio palm i;rGzs 2i-hic'rl Krs. !i~est had. reques'isd be ~~emoved, and r3:pimt thern, at a cost or" $50,00; and. that the Ment, Club of ti.= IJr:_ion Ch7xi3cl; -<id< having 8 aeeting ox ThuFsd8.y nfght, at which tZme AI C~.IWF: was 'io bring up tiis iliattec* 3Iid attempt t~ raise t'E money. The i;rees were to be replariteil; at the. LTaion Ch.urch, being ol" the same var?.ety 8s others alrea:;g t'hre. Cm2. Czstorena. m377e; tI~5 ?ne zouncil mthor4.ze the remva.1 of the two p~in treas in q.ueotlorl. SSc.ocder] by Cm. Suti;on, All a~s , motion carriej. -.- It was agmed. t!:.et .XP. T;oygg, iilar~egs~? of t;!e Carlsbad Xutuai V!ater i;ornp~.ny, shoyld be askad io put into _- !~rri -,?' I .'.* ~1 ng his ic3.e 2s a 2:. ~7~ cc, GLit3i*:. d.a- tions on the Ormg;9buvfg t iie . Tlqe mat Lex2 of eleven street sTg~s ;-'OF CaplSbaci Zt&17-a?s.:~ 8.nd T,p ramar, at, s cost of $22.00 installed., was discussed., 8.113 Cgn.-G-pober moTvTed. th.8 t till: Gireclo? or" Fublic T5;o~>:3 be suthori-zed to have the signs h"s'calle,i , p,rovi.ied the:, a1.e 2, p~'og'j3r ch.arge a.pa ins t Lhe Tpa.<llc Safety rul-lil. Sec;orldo!i by G~I. Suttcn?. Ail ayes, notlor1 carpri_o:1 o "I 3' %;TQY hIcCiellan remind.e:d the nlembers: to .-give special stud.y . iD q.-. bik srtinirnum skrreeL .NL&L?i provision. ol" tilo Su-bdivisios 9rdi_nal-lce. ?le axso su.sgested that the .k;z>ett repoilts fpoi? t?:.e Yiatzl- EesouF;ces E~~T; be checked ou'i; to vern.'oers of the (Comcil and. be kept cTr-xla.tin3. Ti?ers being. no fur.LkP bdsiriess to cone before the meeting, ClrkI. Gro'uer, moved Toif adjolri2rLiileEt, ..,r:zl, 1 ,;&.c!+ L J orefia. see onc"lng, Al.7 a)e s , :II*G~,.LI~~ ad j"11rilGd. Respactlully s ubxi Lted, -i? A' z6Lf4g.5fi7d4-&y- Lgl:\!a2-? 2 17- . p l- /-I." \,L,L~ '' , bi~; 6lai-k _"""~..""""-~-.I-- _..__ "_."""" MINUTES OF MEETING OF CARLSBAD CITY COUNCIL March 3, 1953 Meeting called to oraer at 7:05 p. m, by Mayor McClellan. Present besides the Mayar were Cmn. Castorena, Ede, Grober and Sutton, City' Clerk Hagen, Public Works Director Barter, and City Attorney Smith. . Reading of the minutes of February 17, 1953, was waived by common consent. City Clerk Hagen reed the following correspondence: Contract from the San Diego Gas & Electric Company covering street lighting for next four months, terminating June 30, 1953, at a charge of $35.50 monthly. Cmn. Ede proposed the adoption of a Resolution ap- proving the contract with the San Diego Gas k Clectric Company and authorizing its execution, Seconded by Cm. Grober, All ayes , Reso- lut ion adopted . Letter from San Diego California Club giving figums on tourist tmde in this srea em3 askLng for $100.00 to carry on their advertising program. It was agreed to place the letter on file for future study. Letter Prom the Atchison, Topeka .and Santa Fe Railroad giving list of "foreign" improvements in Carlsbad on land owned by the .Santa Fer The City Clerk was requested to notify the, Santa Fe Railroad that the County would be unable to provide liS5guard. service at the State Pa~k Beach as in former years , arid suggesting I transfer of the lease from the County to the City of"Car1sSad. Action on the letter was de- fepred pending formation of the Parks and Recreation Advisory Committee. Col, Hagen stated that Xr, Irby of the County Health Department had ad- vised that the County could not even furnish th -sanitary heads from now on, but that they were xecured Erom Geo. Caseg & Company in La %sa, an3 tnat they might possibly service- them; t1.19.t the County servfced them every day last year, and if the City wishes to avoid this it should pass -an ordinance and post the area. I x 'Q TI-+ < 3 3 I I, 1 I Letter from Donald H. Briggs askhg that a stop SiEP be Placed at Park Drive and Monroe Street, stopping traffic inbound f*om the High- lands & Letter from the Division of Highways; advising that 8s near as can be determined at the .present time,. the City@, share of t" Cost. Of . lighting on the freeway would be approximately $45.00 per month. $12.42 from the Southern Counties @as 'Company of California, who has a franchise through this area., which amount is 2% of their gross business here. Referred to the Cit$ Attorney for study, with the request that he report back at the next meeting. Letter from the san Diego County Registered Civil Engineers and CiQ Clerk Hagen reported that the City has received a check for Land Surveyors, enclosing list of %help members and recommending that their services be used locally, City Clerk Hagen read the Police Department Monthly Report fop City Clerk Ragen rea& Notice of Vacation of a portion of Ocean February, listing a total of 77 cases processed. '' Street at. the end of Oak Avmue, .ana stated that it had been posted in three places. Cmn, .Ede moved that the City Attorney be instructed to draw -up an oMinance vacating the westerly end ,of Oak Avenue. Seconded by Cmn, Castorena. All ayes, motion carried, The Dixon-%ller Motors .bid of $2178.04, for a police car equipped for police work except for radio receiver and siren, was reviewed and discussed, City Clerk Hagen stated that this was the only bid received, Cmn, Castorena stated that it might be possible to finance the car through the bank without outlay of the customary one-third cash. After discussion, Cnm. Ede moved that the bid of Djxon-&Iler &-,tors for a police ear be accepted, and that Cm. Ed6 and Castorena, City Clerk Hagen and City Attorney Smith confer, and bring to the next Council meet- ing a specific plan for acquiring the police car with tb finances avail- able, Seconded. by Mrs.'Sutton. A11 ayes , motion carried, City Clerk Hagen read a letter from Senator Kraft asking that, if convenient, either byor McClellan or City Attorney Smith be present at the -hearing 'of S, Bo 1480 (to secure tide-and submsrged lands for Carls- bad), and advising that the baring could be set for either March 11th or 18th, whichever wuuld be more convenient. Magor QClellan stated that ldr, Goodbody had advised that he would be in Sacramento around that time and suggested that he might be asked , as a courtesy and not as a matter of employment, to attend the hearing, since all members of tb Council indicated they would not be free to-attend; that otherwise the matter would have to be handled by letter, It was' agreed that Mr. Good- body be so requested. City Clerk Hagen reviewed No tjce of Public Baring on ths reclass- ification from'E-2 to R-lA of a large area lying east of the freeway and west of a line 150 feet east of the east line of Highland Avenue, and south of Chestnut Avenue; and read the recommendation of the Planning Commission that reclassification be made, No one appeared in protest, and, Mr. R. R. Albin of 4179 Highland Avenue, one of 24 petitioners sup- porting the application, spoke briefly as. to his belief that such re- classification would result in a very d6si'kble residential. development of the area, R. T, Simpson of 3580. Highland Avenue, another petitioner stated that he concumed with this view. Col, Gronseth was asked his views and stated that inasmuch as he is a member of the city Planning Commission, he did not wish- to make a statement. Payor HcClellan ex- plained the uses and purposes of the recently-created Zone R-1A for the benefit of those present whose property would be affected, and City At- torney.Smith stated that owners now operating chicken or rabbit business= 8s would be permitted to contfnue, but cmld not expand, and new busi- nesses could not be started. Cmn. Castorena moved that the recommenda- tion of the Planning Commission be accepted, and the Gity Attorney be instructed to draw up the necessary ordinance to accomplish the change of zone as recommended by the Planning Commission, from E-2 to R-1A. Seconded by Cmn, Ede. All ages, motion carried. MayoT. McClellan reminded tb Council of the adjourned meeting which was decided upon so there would be no conflict wlfA th3 Water Companyfs .'annual meeting, and suggested that the date be set, for the benefit of any citizens who might wish to attend, It was decided to meet at the regular time on &larch 17th and imediately adjourn to 7 p. m. on &mh 19th.' Since this is also the date of tb Planning Congress .in San Diego, Robert Sutton, Chairman of. the. Planning Commission, was asked to represent the City at that meeting. tee t he L. 1 The personnel of the newly created Civic Center Oonference Comit- was announced as follows: Cm. Ede, chairman; City Clerk Hagen; '. Simmons, ,member of the V .lunteer Fjre Dept,; Chief Palkowski of - Police Dept,; &re Barter, ?ublic 'fiorks Director, and Cmn. Castorena sitting in as an observer. Cm. Ede was asked if the committee could be mady with a report for the next Council. meeting, and stated he be- lieved it could. I The letter from the Personal Service Laundry regarding increasing the license fee charged Oceanside la'undries was reviewed, and City At= torney Smith stated that a rate change cannot be made &ring the presen' license period, but that it could be accomplished at the conclusion of the present license period. The City Clerk was asked to communicate this information to Mr'. Boyer and file the letter, Mr. Barter reported that he had examined Ordinance a277, changing Section 34 of County Ordinance #258 N. S ,, regarding cesspools and septic tanks, and sees no reason for changing the City ordinance, as the so'il -in 'this area is very rigid and does not need the thidrer wall required by Ordbance #L277.. Regarding the stop si@ at.:Elm and %ashiwtm requested by Debco Laboratories, Mr. Barter stated that he had contacted ths S&nW F@ Raflroad through their Road Department regarding the possibility of their tenant being allowed t,o fence the land, and that they will advise him as to what action they take. He .stated that he would not be .in favor of putting a stop sign there if the' leased land is fenced, as there would be only about 14 feet rQht-of-way, Mayor McClellan stated that he believed it would be worth while to ask the Smta F,z' for a re- vokable easement, if the Planning Commission thinks well of the idea, and suggested that the matter be referred t.0 the Planning Comqission, Cmn, Ede moved that action be deferred until the results of negotiation1 with the Santa Fe on fencing the property are completed. Seconded by Cxm, Sutton. All a'yes, motion carried. I The Notice of Public Hearing on the application of William ,R, and Vivian I, Dindinger for reclassification from R-2 to R-3 .of Lots 1 and 4, Block A, Palisades,' and inc'luding at the initiation of the Planning Commissi"on Lots 2 and 3 of the same Block. The City Clerk read the recornendation of the Planning Commiss ion that the application be ap- proved, Letters of protest from Dorris Fegan-Bowshar and Walter A. Bowshar, Jr., both of 204 School Street, Dal'g City, Californiaf. and reply to Bdps , Bowshar, Mrs. Jane :Someman spoke on behalf of Mrs. Johnson, owner of Lot 1, in favor of the change. It was decided to defer actlon on the applicatfon until Mrs. Rush, absentee owner of Lot 4 could be notified of the proposed change.^ Cmn. Ede moved that action on the application Of Wm, R. and Vivian I. Dindinger be deferred until Mrs. Rush has been notified of the proposed reclassification and asked to express her Vilsws. Seconded by Cmn. Grober. All ayes, motion cap- ried, -City Clerk Hagen read the recommendation of the Planning Commis- sion that the original petition for variance filed by C, E, Fp as agent for' Anthony Madeiaos on January 16, 1953,. be granted, provided applicant withdraws his application for reclassification of the propert3 described as a portion of Lot 202, Thum Lands, from R-2 to R-25. Robert Sutton, chairman for the Planning Commission, was asked to explain the peasons for the Commission's reversal, He stated that the amount of re= duction asked for was slight, that- it was a question of interpretation of the wrd "hardship" as used in the ordinance; that the Commission stood rigidly on the letter of the law at tb first hearing and lateg, upon review of the case, decided the factors iDvolved warranted .a recom- mendation of approval, Mr. ,Madeiras explained that the property was an odd lot and could not be! developed to its most practical use w€ thout securfng a variance, Cm. E& moved that %e recomendation of the Planning Commission be accepted,'and that the- varfance reducing the building slte area from 6000 square feet to 5600 square feet oathe property described in the application, be granted. Seconded by Cmn. Cas,torena. All ayes, qotion carried. I I city Clerk Hagen summarized a' letter from the League of California Cities regarding Senate Bill B60, granting one year's full salary in lieu of Wo*ments Compensation benefits, on which a baring was to be 2, $1 held on March 2, 1953, do action was taken, since the hearing had al,re adg taken .. place . Mayor McClellan referred to the letter from the san Diego Traffic cO&cil', requesting tbqt a representative from the Cit be nmed to the Traffic Council, an.d requesting a contribution of i 245,.00 8s the ' Ci.t;gts share of the prograni. He s-tated that Chief Palkowski had been appointed to represent the City, and that the Traffic Council had been so notified. He stated .that since attenling the Jaraxmy meeting on traffic control he was more convinced than ever of the value of the pro- gram, and Chief Palkowski 'gave some figures on the expected reduction of fatalities through the campaign. After considerable discussion, Cm. Ede ,moved that a check for $50.00 be sent to the San Diego Traffic Safety Council, :accompanied by a letter explaining the financial limita- tions of the City and expressing our support of the program, Seconded by Cmn, Sutton. All ayes, motion carried. .. ing petitions, of other residents am the defining of tb area to be in- cluded in an improvement district, Cmn. Castorena stated that he had been approached by one property owner who is going to gather more inform '' ti? ation from other property owners, interested in an improvement district e between Roosevelt and Madison, and the alley extending from Elm to Mag- 3 owners could indicate their desires as to an improvement district, It =z was agreed that a number of the Suggested form be kept on hmd in the I Mr. Barter stated that the Tyler Street improvement plan was await- < nolia. It was-decided to prepare a mimeographed form on which property City Office and anyone interested in a certain area could pick'"p a few and hand them out, Mr. Barter was asked whether a grader had, been sent down to Tyler Street, as requested by Mr. Morena, and stated .he believed it had been done. .He was asked to follow up the matter. Cmn, Castorena explained in Spanish to Hr , and Mrs , Cantabrana and Bars . Morena all' perthent points of the discu-sskon. After a ten-minute recess, during which Cmn, Grober was excused Proposed Ordinance 6015, licensing and regulating card rooms, was at 9:05 p, m., Mayor &Clgllan reconvened the Council. reviewed and certain changes discussed, including making a fee of 'I 100,OO for games other than poker; $300,00 for poker license; and 400.00 for both poker and other' games. Chief Palkowski noted that them was no limit established as to the mmber of card rooms to be licensed, and a clause was agreed to licensing one card room for every 7500 citizens. City Attorney Smith explained the pending legislation banning poker. Chief? Palkowski stated that he was going to attend a meeting of law enforcement heads on Wednesday, the 4th, at which there 'will be solfie discussion on the closing of card games, and that he would like to see action on Ordinance 6015 deferred until after this meeting, Cmn, Castorena moved that action on Ordinance 6015 be deferred until March 19th, when the Police Chief will corne in with a recommendation. Seconded. by Cm, Ede, All ayes, motion carried. Proposed Ordinance 9016, redefining the word "Street", was summar- ized and discussed, Mayor McClellan stated that he would like,,to see tbLs constitute first readhg of. the ordinance, but that it be changed to the normal 31-day effective date. . Cm, Ed6 moved that this consti- tute first reading of Ordinance 9016, but. that it be set up as a regu- lar 6&3inance with the noprna1; 31-day effective date, Seconded. by Cmn. Castorena. A11 ayes, motion carried, Attention was called to a bulletin from the League of .Cities call- ing a special meeting regarding bills authorizing counties to31evg a sales tax, either of which, if adopted, would give to cities ?i; of 1% of the sales tax collected; and. advising that copies of' Bills a344 and #I375 would be mailed to the City Clerk, *Referred to Cmn, . Ede for study City Clerk Hagen read. the resignation of Tom S. Acuna from the Planning Commission, due to a transfer in position, Mr. McClellan stated that since Ir. Acunars term expires in April, as does that of Arnie Stringer, it would be necessary to make an interim appointment and then two full-term appointments at that time, I The matter of. creating a Parks and Recreation Advisory Commission ~. .- . was further discussed, Mayor EcClellan stated that he had two appoint- ments in-mind, Commander Bob Flowers and Mr. Bowen, teacher in the elementary school, who has been a city director of recreation and is inbrested in that phase. He stated that Mr. Bowen had spoken of the r14 services of a State Recreation Commission, a representative of which would be available for consultation and advice on' the subject, The name of Albert Slacic, director of the Boys' Club, was suggested and taken .,.,.under. considoration. Cm. Castorena moved that a Parks and Xecreation Advisory Commission be created to consider the whole sc'ope of the prob- lems relating to parks and recreation and make recommendations, if poss- ible, by Aprll. 7th. Seconded bg van. Sutton. All ayes, motion ca~ried. P Mayor "cClellan suggested that a short statement be printed in the paper that the City is considering setting up improvement.rdistricts, and askixg the citizens to indicate their wishes to the City Hall. Amendment of Section 16 (a) of Ordi'nance ,99005 by addition of the clause ?or at the discretion of the Planning Commission", was discussed. A motion was made by Cmn. Ede th.at the City Atto-rney be instructed to draw up an amendment to Ordinance #go05 incorporating the clause "or at the discretion of the Planning Commission", as suggested by the Plan- ning Commission. Seconded $y Cmn. Castorena. Ruth Crilly protested use of the word "discretion as being too broad and in danger Of being abused, All ayes, mtion carried, The City Attorney was asked to con- fer with Col. Gronseth on this matter. Copies of the March 1st financial statement were passed to the Councilmen, and copies made available to the newspapers. Cmn. Sutton reported that the Chestmobile will be here on the loth, and that representatives of all organizations had been notified. that the unit would be at Stillmmfs lot from 10 a. m. to 4 p. no; and that it could take care of 700 persons during that time. .Cm. Sutton further reported that nothing had been heard from the county on the harbor situa- tion and that the harbor was @ow completely closed. She announced that the Water Committee had scheduled an open meeting on ,Saturday afternoon at 4.o'clock, and invited Councilmen to attend; also that a letter had been prepared for distribution to boxholders, with a card to be returned, city Attorney Smith reported on the progress of the UUater applLca- tion and stated that barring unforeseen developments, it was conceivable that an election' could be called by mid-April. Cllltl. Castoren, proposed that the city reimburse t'he Firema for their badges when funds are available,. not only because t'ky should be repaid, but also in order that the badges should be city-o-cmed, It was also agreed that thf? City should expess its appreciation to the VOlUnteeP firemen for their Spbndid service and co-operation, Cmn, SUttOn mved ths adoption of a Resofution expressing the'Council's ap- preciation to the Carlsbad Volunteer Firemen fop their co-operation and splendid and splendid service to t'm City. Seconded by Cmn. Castorena, Four ayes, Cm, Grober absent, motion carried. The question Of an ordinance licensing dance halls was discussed, and Cmn. Castorena stated that the Chief of Police and t'm City $t.topney have called for ordinances from other cft2es to be studied, City Clerk Ragen read the report on the conference with b. Byrl, Phe Ips on Map 'n 2nd. a nd Dis City Clerk Eagen read a proposed Resolu%ion authorizin the nfayor the Cita- Weasurer to sign wamants with members of the ganitary tric'c, to pay bills incurred by the Sanltary District. Cm. Ede moved the adoption of the resolution authorizing tk city officers to execute the warrants. Seconded by Cmn. Sutton. Four ayes, ,Cm. Gpober absent. 'Motim carried. Thgre being no f,rthe-r business to coire before the meeting, Cm. Castorens moved for adjournment. Seconded by Cmn. Sutton. A11 ayes, meeting adjo-uned at 10;50 p. m. Re.spectfully ,. submitted, .. .. ,&' J L, .J&-& I?,. I d. , / lLQ+GL, EDWARD G. E&%3nT,,ity clerk - """""""" _"""~""""""_ For minukes of special mestLns of idarch loth, see page 105.