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HomeMy WebLinkAbout1953-03-19; City Council; Minutes11 DiiIIWjTFZS OF MEZTING OF CARLSBAD CITP COTJIiCIL - . ., Xarch 97, 1953 Meeting called to order at 7:OO p. m, by Mayor S, Do M&lellan. Fresent besides the IJayor were Councilmen Su.t;ton, Ede, and Castorena. Absent, Councilman Grober, City Cle-rk %gm. A motion was =de- by Cmn. Ede, seconded by Cm. CaStOPena, that the meeting be adjourned to March 19, 1953, at 7:OO p. m., at the City Ffall. All ayes, motion carried, I -, Respectfully submitted, HA &!I, mT-8Q"c-$-. ii-" .". &"."_ -9 . """"""""""-~~~~~~---~-"" "1% IfiIWTES OF ADJO?JRmD TbBETIRG OF CABLSBAD CITY C0'iTNI:IL ".____I _.... ,. . - .-.*..-..I."-. LI . . .._L". L"T. LA"."" 23 'i~, Xarch 19, 1953 & %eting called to order by Xayor C. D. NcClellan at 7:OO p. m. =z George GroSer, Raymond alae, Publie 'viorks Director Bapter, Zit7 Cle_r> Q yp "+ Present besides the Xayor were 'Jm. lcanu-el Castorens, Lena Sutton, *d ,s ?., Hagen, City Attorney B ruce SmiVn. Cmn. Castorena moved that the readiw of the minutes of the meet- ing of March 3rd be waived, Seconded by Cm. Sutton, All ayes, motion carried. Minutes of the special meeting of March 10th wePe approved as read, Minutes of the meting of &larch 17th were apgroved as read, - City Clerk 'Ilagen read the folfowing correspondence: Cdpg of-.letter from Bg,l D, Phelps to Carlsbad Smitary District iiotifying tbm that work on the sewers and street restoration has been comgdeted and accepted, and estimating tmt connecting can start not I, ; later than April 22nd, The letter was filed. Le's%e.r from Cop s of EngiGers, U. S. Arv, advising that an ap- plication has been mage by San DiePo Gas & Glectr5.c Company for a pernit to install a fuel oil-handling facility in,tM Pacific ocean at Carlsbad, showing drawing of the proposed wOI?k, and advising that objectTom Sased on navigation interests should be filed in writing on or before 11:oO a. m, Monday,' March 23, 1953. Letter frm Chairman of the Sax Djego Cowtg T'rsffic Safety Council thank'ing the cf.ty for1 Its contributjon of $50.00, Letter Filed. Letter from Lester J. Ratziiff, Oceanside, making application fop the .position of building inspector. %md of Supervisors, recorrmend.ing that the County relinquish all its interest in the Buena Vista Lagoon project to' the City of CarIsbad, Photostatic copy of letter f-roin Couniy Park Commission to County Letter from DepEtr'cment of Health, advising of the creation of a I new advisory County Health Board, Letter filed. Letter from State Division of Eighways, siqed by R, L, Beuthel, enclosfn sample resolution creating a system of major streets in the City of farlsbad, which was also read by the City Clerk, Bulletin $3 of the League of California Cities, regarding kariog on legislation affecting amount of fines and forfeitures to be d.istribu- ted to cIties (SB 1100) .' Routed to members of Council for their study, Letter from Xr, Barter making. recornendations on improvements to be required of Briggs Land Corporation on its new subdivision adjoining Carlsbad Highlands #2. It was explafned tb.t this process is necessary because the City has not yet adopted a subdivision'ordinance. Applications for franchises (gas and electricity) from the Sari Diego Gas & Electric Company, providing for payment of 2$, or in no L-. '7 i 6 case less than 1% of gross annual receipts from sale of gas and electpici ty in Carlsbad, to the City of' Carlsb8.d. city Attorney smit.!l stated that the next step is to pass a Resolution Of Intention, Setting a time and place of hearin for protests. Mi?* Evans and &. ?&rP Gf tk sari Diego Gas & Elec.i;ric tornpany were present and stated that the applications wepe prepared in accoflancd with the laws that obtain and they had nothing to ddd, The City Attorney read proposed. Resolution Of' Intention to grant electric franchse, setting a hearing for Tuesday, April 21st, at 8:oo'p, m. cm. X6.e moved the adoption of the Resolution of Inten- tion to grant electric franchise. Seconded by Cmn. Sutton. All ayes t Resolution adopted. Resolution of Intention to grant gas fram'nise was read. CEDI. Ede moved th5 zdoption of saici Resolution. Seconded by cmn. Castorena. A11 ayes, Resolution adopted. Clellan stated tht he had talked with ISr. George of kke State Lands Commission, who had stated that he aid not believs the Commission would have my objection to the agplication. IJr. Evans was asked to give the City Clerk a general idea of the nature of the construction and stated that he would do SO. On the question of possible beach erosion as a result of the construction, Mr. Evans stated he felt there was no cause for'.C:oncem. The letter was referred to the City Clerk for action, should he deem any necessary. Referring back to the letter from Gorp Ol" Engineers, byat? &- Setter from County of San Diego advising that the county intends to terminate life guard services at Carlsbad on July I, 1953, but that an arrangement might be worked out whereby the County could Coiztime the servFce 'and be rei$fbursed for the cost. City Clerk Iiagen reviewed. Notice of Public Hearing on the appli- ' cation of William 8. Dindinger, et ux, for reclassification from R-2 to:iR=3 on property descr2ced as Lots 2 and. 3, Block A, Fs.lisades, an6 the request of the Planning Cormission to include Lots '1 and 4 of the same block in said reclassification, action on which was deferred from the last meeting so that Mrs. Rush, owner of Lot 4, could be contacted. The City Clerk read a letter sent to 3?se Rusk on March 6, and stated that no reply had been received. Protesting letters from blr. and Xps. Bowshar were also reviewed, as was the recommendation from the Planning Commission dated February 17th, that the application be approved. Mr. Dindinger stated that &?. Bowshar had withdrawn his protest and would direct a letter to the City council to this effect, Mr. Isaacs on Acacia Street stated he was Very much in favor of the change. Cm. Ed0 maed that the recomenqation of the Planning Commission be adopted, and that the City Attorney be instructed to draw up the necessary or- dinance to acconplish the proposed zone change. Seconded by Cm. Sut- ton. A11 ayes, motion carried. City Clerk Hagen Pead a letter from South Hill Market, Oceanside, signed by George Hillam, applying for concession to sell safe fipeworks in the city .of Carlsbad, on the Sasis of 10% of gmss receipts to the City, with a $500.00 cash guarantee. It was .brought out during discus- sion t'hat sale of fireworks is prohibited in unincorporated areas by County ordinance, and that most cities in the County have similar or- dinances. It was decided to ask for recornendations from the Police and Fire. Departments 'and bi?ing the matter up again at a fubre meeting. he following recommenGations of the Plznning Conmission were read : (1) That the city council accept; the offer of property owners to dedicate to the City 15 feet of .thei_r property along the south line of Gracd Avenue, from I-Iope Street to the dead end of Grand AvGue, for the purpose of widening the street from 30 feet to 45 feet. The pet%- I tion and nmes of signers were read, Roy Xitz and E , ?L Pierce, two of the petitioners, described a turn-around of' approximtely 60 feet which would be given by lAr. Ritz, Mr. Barter re2orted that he ha6 in- spected the area but had not taken measurements. Cmn. Ede rnooed that the City Atto-mey be instructed to draw ap all necessary papers to ac- complish the dedication as recommend.ed by the PlanQiq Commission, and that the Director of Public 7Jorks be requested to prepare a plar- and description of the property to be dedicated, Seconded by Cfb. Castor$na. The question of who should bear the expense of obtaining deeds and a description was brought up, and Xrs, Jane Sonnemar, stated th-t S~Q was prepared to give a deed. to her poi-tion 02 it. All ares, motfon carr!.sd. I. x 23 @ c-4; -Pa -d -4 c%: I I 1 il (2) That; the proposed division of LO%$ of GO e. ill, 3543 Adams Streek, be not approved fop the TeaSon that four Of the lots have a frontage of only 53 feet on Palm Avenue; and recommending that the 'Our lots be divided. into thee, each having a frontage of a~~roximately 7O feeto Mp. Hill was present, also XT. K-~x. BOY^, his contractor^ ad ex- plained tbt on accmt of a building now Under coMtruction on '*' Of t% lo+.., it would be imps& ble to divide tk@ lots in the manner sug- gested. cmn. castopena rnoved that the mattep be rererred back to the Planning ~om~ss~on for Faptbp consideration, Seconded by Cm* Grober* ~11 ayes, aotion carried. (3) That the application Of \#billiam "n. DindingeTy et al, for re- classification from R-1 to 3-2 of property described as Lot 1, Block Cy Lots 5 and 6, Block 3, Alles Avocado Acres, and the request of the Planning comissi on to include in said reclassifieation.al1 of Block A and all'other portions of Blocks B and C,. of Alles Avocado Acres, lying westerly of California State Highway XI-SD-ZB, be approved. Cm, Cas- torena moved. that a 'nearbg be set on tke Dindinger .application for April 7th, at 7:45 p. m., 9n the City IIa11. Seconded by Cm. Grober. All ,ayes, motion carried.. (4) That the application 02 Robert G. and Maida Cutler. for re- classificat'ion frorn 3-3 to C-1 of Lots 3 and 4, Slock 49, Carlsbad Town- site, and the request of +.:% Plaming Commission to inclu6e in said re- classiZication Lots 29 to 32, inclusive, in 31ock 38, Lots 17 -to 20, inclusive, fn~Elock 39, Lots 13 to 16, inclusivs, in Block 48, and Lots 1 and. 2 in Block 49, Carlsbad Townsite, be approved. C+. Ede moved that a hearing be set for April 7th at 8:OO p. rn. in the- Clty 3211, on the Cutler application. -Seconded by Cmn. Castorena. All ayes, motion carried . (5) That the application of 3. F, Einkley, et ai,. for Teclassi- fication from R-1 to 3-2 of the area bounded by T,as 310%~ C_ri_ve, Calf- fornia State Hi@ay XI-SD-2E3, Lagma Drive, a& tb easterly boundary of Buena. Vista Gardens and the southerly an8 nort:?.rly prolongations thereof, be denied; also the information that a hearing had been set by the Planning Cornmission to cm-sfcer reclassification of +L-~:P area to a ame to be designated as R-1B, Cm, Ede moved that the recornendation of the Planning Coi?imission on the 3ib.kleg applicatioc '=e acceptsg. 236 the application denied. Seconded by G+. Grober, All ayes, motlon carrzed, (6) That the petition OF fourteen property owners -f.n Terramar t'mt the name of Sumac DPioe a33 exkensio~~ Larch Dyive an3 ?opderosa Drive be changed to Shore Drive, be granted, The petition an6 names OLD the signers were algo read. Cmn. Ede moved tbt the pecomrnenda%ion of the Plamlng Commission be accepted and tl- City Attorney be In- structed. Zo draw up the necessary documents- to accornpllsh the change. Seconded by Cm. Castorena. All-ayes,. Eotion carried. Ci$y Clerk LEagen read a copy of letter from the County of San Diego regarding library service for CaTlsbad, advising tht present library arrangements -fJould terminate on June lst, and descrLbing three alternatives which were open to the City if library service is desired. After discussion, it was aglieed that c$- STJ..t;+;on and the City Attorney should confer and corne .back with a complete recomaendation at the next Comcil meeting, possibly Consulting with Cm-. Ed€? as to the financla1 angle. City Attorney Smith reported that he had receive6 frcrn the _?eal.tg Tax Service the CerXiEication of Assessed Valuation for Carlsbad, cover- ing the years 1929-30, 1935-36, 3942-42, 1944-45, 1947-48, and 1952-53, and. read the flgwes, which 'Included secured, unsecured, an6 public util- ity valuations 4 Copies were studied by the Council members and made available to the newspapers. Xo sc.t.ion was taken, as this was the ser- vice wthorized by Council actfoz some time ago. Preparation or" the budget was discussed and it was decided that the various departments of the .City should detemnine t'heir omn budgets, and the City Clerk was asked to determine what the situation is on un- secured property, City Clerk Hagen reed a proposed letter to the County Assessor re- garding; taxes on utilit5ee. XP. Evans of the San Diego Gas &: Electric $! Company stated that the assessed valuation is set by the State Board of Equalization and not by the County; and it w8.s decided tha8; tlke letter :I. 8 need not be sent, jbLpS. Sameman asise6 how the d-ecision by Judge l,lIonroe would affect taxes of the Sanitary Board. Mr. EvkClellan stated that inasmuch as the taxes are based on ownership and. valuatlorl on 'bh? -first Abnday in March, it would seem practica-ble that the Board levy taxes for anot her year * s operat ion. ? .- After a ten-minute recess, Xayor IvIcCIellan reconvened the Zouncil at 9:15 p. m. slty Clerk Eiagen reviewed. the letter from Rlr s Beuthel regarding the major streets program, and tkre was considerable discussion as to the desirability of including Jefferson Street in the system, Cmn, Grober feeling definitely that it should 56 included. It was pointed out t@t the Resolution designating %be streets coal6 be adopte,3, and ay desired changes made later. ' Cmn. Ede moved the adoption of the proposed Resolution creating a system of mjor city streets., ' Seconded by Cmn, Castorena. Ayes, cmn. Suttm, Ede, Castorma, IflayCa? McClellan. Nays, Cmn, Grober. Resolution adopted, Referring back to the letter of application from Lester Ratelifre, cmn. Ede moved that the letter be filed and a letter written to Mr. Rat- cliff% advising that as yet no applications are being accepted. Second- ed by Cmn. Gr,ber. All ayes, motion carried. that Mrs. Marcus had been advised that one reason for the delay was that it was feared there was not sufficient water for the development. He stated that a.well was to be put down on the Fennel property to finti out whether there is enough water to warrant going abead, and that he axpected to receive a letter as to the results. . Cmn. Grober, reporting on the Buena Vista lagoon project, stated Cm. Suttor, sta%ed that there nould be a meeting of the Park and Recreation Committee on tp 24th, ana' invited ib, Grober to attend tb meeting. R Referring to the letter from Mr. Barter making recommendations on the Briggs Land Cor oration suM-i-crision matte-1, Cmn, Castorena suggest- ed that fire hydran P s should be included in tl.le requiremnts, in con- formity with the Fire Underwritemf recommendations, and it was also suggested that street sips be included. Cm. Ede moved that Mr. Bar- terfs recommendations be approved, with the additfon of fire hydrants 800 feet apart, and street signs, and that he be authorized to pass them on to Mr. Briggs. Seconded by Cm. Castorena. A~s, Cm. Ede, Cas'torena, Gro3e-', Suttar,, Nayor McClellan not voting. Motion carried, EieTerring to letter regarding life glJard service, Cm. Sutton summarized a conversation with Xr. Eeggimd in which he had stated that the County was willing to furnish the identical service as before, in- cluding lifeguard, toilets, etc., for $2886.00 TOP a period of one year, from July 1, 1953, .to July I, 1954, with the idea t5at the City of Carlsbad would take Over the State Fark as of July i, 1954; and -I;:lat it i;?lght be well for the Council to request of the Board of Super- visors that they assue at least a part of the expmse if the City takes over the lease on july I, 1954, cm. Sutta also reported that dredging on the lagoon by the San Diego Gas tk Electric Co%any would ppobably start by midsummer; tmt there would be a hole 20-Zeet deep near the bridge; that the mouth of the lagoon had been acquir;ed b-y the San Diego Gas & Electric Company and, while blr , Sherwin was most co-operati-(re , it was doubtful whether the area would be available to children for swinuning. tentatfve budget has been set up. It TN.ZS decided to derer action on the life guard matter until a cm. Ede reported that the Civic Center Committee had met last week and discussed two possible sites ?or the construction of city buildings; one , the southwest coPnep of ikdfson and Elm Avenue, am the other, the present site of' the City Hall at 3075 %rding. He stated that the Firemen and Some members of the committee favored the Elm Avenue site for the following reasons; accessibility to tk freeway, proximity to the downtown area, greater possf'ailities for expansion, ability to see whether the railroad track is clear, there is a 10" water main there, and the volunteer firemen would erect the fire station if that site is secured. Those favoring tm present site felt it would be less expensive; and that it would. be an advantage to be off the main I A% %ox )J2 -.A ..<id 4 r3 e I I 1'1 street., Ekplanatory letters talcen arour-d to neighboring residents of both areas were read., indicating that no 4objections were receivsd to the Elm Avenue site, whereas the majority of residents contacted ad- jacent to the present site WeTe unfavora'ole toward use of. tb property' Tor a pzmanent police and fire station, City Clerk Hagen reported that he had inquired of the I'later Company whetmr the property could be acquirsd by the C5ty and at what, price, and %hat they had taken the position that inasmuch as they represent the shareholders, any sale of the property would have to be om the basis of open bid. The Harding Street property could %e acquired from t7& Diocese at San Diego. The possibility of erecting a building at the present site of the City Hall, for later removal, was discussed. The matter was referred back to t'he Committee for fuTt'mr investigat Lon a12d. stu.dy. The Sriggs request Tor a stop, si.q. at Park and MonrOg was again brought up, and I&.. Barter recornxiended.-that a sign of the reflec$ive type be put tk%e as being of more practical value, even though the cost is much greatGr, ChleP Falkowski suggested that signs be placed. at the two other intersections recomxriencied by the. Police Departmat Valley at Bass- wood and Valley at Chestnut , It was suggested tht the thief of Police and Iv'Ir, Bax-teer make a survey of stpeets which should be posted, etc., and prepare recommendations, so that action can be 'taken as fmds become available. Cm, Ede moved that the City Attorney be instructed to pre- pare an amendment to the Traffic OzC!.xzze that nol'thbound traffic on Konroe Street be stopped at Park Drive, and that Valley Street be posted as i: stop street at both the Basswood an6 Zhesmut Street intersections, Seconded by Cmn. Castorena, All ayes, aotion carrfed, Cm. SUttoiI asked that the southeast 2ormep of Forest Avenue and Iiig'niand be in- cluded ili %*ne survey, as it was a dangerous corner and should be posted, Cm. 'Grober stated that he would go over the streets as listed in Nlr. Beuthel's letter, and come back with a report at the next meeting, hyor fkCle11an suggested khat he also acquaint hiaself with matters at the City Hall so that in any niatter of Public Korks he could take the lead. Cm, Grobei? also stated that he felt that the white line mark- ings in the 'centei? of the streets shouis be restored, Cmn, Sut;tom reported that she had called the Sm DiePo water Author- ity and discussed the question of whether water could be4purchased from the Authority before annexatfon was completed, and was advised that such a request would be given attention; th-at application to the Board of the Sm Diego Water Authority should be made in co-operation with the Carls'oal %tual Water Company, giving them an idea- of the total quantities, maximu flows, and perioa over which it would be required, and whether it would b' ,pumped into reservoirs or delivered direct, she also reported that the Water Authority strongly recornended Waiting for the bond election, as there would be a good chance of having a common line constructed at a farlsbad %rJhXal. Water Cmparzy along the above lines. %ring discussfon it was brought out that the GalaVera Lake is n& full at this time so there is 8 possibility of room for store of some 300 acre feet, rea.tly reduced cost, PJrs. Sutton was asked. to authorize a letter to the Xayor NcClelLan summarized a letter he had written to Franklin W, Lilleg, Administrative Offfcer of the City of Oceanside, proposing that the City of Oceanside consider renting a portion of the transmission capacity of their high-pressure pipelins to the City of Carlsbad. Cmn. Sutton announced tmt the Parks and Recreatioc Committee, composed of Ben Acuna, bs. Verne Collins, Bob Flo-tfers, EowamWOldham, Walter Glines, and Gerald NcClellan, had a meeting about a week ago ard were to meet again with the State Recreation man, Mr, PauLey, on the 24th, at which time they were to study a form of ordinance which would be set up by then by the City Attorney, t a Cm. Castorena reported that the Forestry Service v;ogld discon- hue issuance of refuse burking pernits after April 1st and that, in iscussion with the Fire Chief, it was felt that to avoid burdening the C, Clerk with added duties, these perarts could be issued by the Fire De- . partment, eSther by the Chief or a man designated by i3e \Chief, and.he would follow UP on them. John XcKai volunteer fireman, wa3 suggested for this duty, It was decided that E, rnn. Castorena should confer with the City Attorney concerning the drafting of an ordinance, and bring in a specific report at the next meeting. .. . Cm. CastoP?saa a330 reported 'that the fire s:<iren did not sewn to be adequate, but that more tests would be made in different locations; that he was meeting with the Firemen again on Tues&y and will brbg in 2:o a furtkr report at the next Council meeting. cm. Castorena further reportec? that the police Car Could be PUP chased on tkx? following basis: total price, including sa,les tax, $2243.38 ,one-third down, $743.30; unpaid balqnce, #1500.08; $131.35 per month for 12 months. He stated that a 1onge.r term on the balance coulci Se arranged, with lower payments, but that he would recommend the 12-month plan. After discussion or" the various plans, Cm. Castorena offered a resolution that the City of.Carlsbad enter into a leasenpurchase agreement on a police car with Dixon-Xel7_.er Motors, on the basis of $743.30 initial payment, with th balance to be paid in a 12--month period at $131.25 per month, which in- cludes 5% interest; and that the Council authorize the purchase of a siren an& the bbransfer of a receiven' and transmitter to the car; total price of the car, $2243.38, inchding sales tax; and that the officers of thc City be authorized to execute a lease-purchase contract, as approved by the city Attor-&y. Seconded by Cm. Ede. All ayes, no nays, resolution adopted. Cmn, Castorena recommended that the City begin paying off the badges of the volunteer police:msn, as the men kve about $200,00 each in- vested in guns, uniforms, etc. Cm. Castorena moved that the City Clerk . begin paying for the badges of the volunteer policemen at the rate of' ' . two per month. Seconded by Cmn.Xde. All ayes, motion carried. City Attorney Smith stated that he had just received E copy of %he franchise executed by Southern Counties Gas Company with the .County. It was agreed that the Cit Attcrney be aufhorized to negotiate with the Southern ComtSes Gas sompany for a franchise. City Clerk Eagen read a Resolution of Intention to vacate Ocean Street at the westerly end of i)ak Avenue. Cm, Castomna moved the adop- tion of the Resolutim. Seconded by Cm. Ede. All ages, motion carried. City Clerk Hagen read a letter from Mr. Sarter to the City Council containing estimated costs of maintaining a street lighti-ng district, of $639.00 per ear for a period of five years, and submitting proposed as- sessment of $5.81 per lot per year, covering 110 lots. Resolution of In- tion to create Terramar Lishting District was also read, C@, G,ober moved that the report of the Director of Public ~O~~CS as to Terramar Li&ting District be approved. Seconded by Cmn. Su5ton. All ages, mo- tion carried. Cm. Ede moved that the riesolution of Intention to create' Terramar Lighting District be adopted, Seconded by Cmn. Grober. All ayes, no nays, Resolution adopted, Proposed. O-rdinance 9016, amending OrCinmce 9005, redefining the word "street", was given second reading. Cmn. Castorena moved tk adop- tion of Ordkance 9016. Seconded by Cm. Ede. All ayes, motion carried. Due to the lateness of the hour (12: 30 p. m.) and the amount?,of work remaining, Cm.-Grober moved for E6.journment to &larch 26th at T:OO p. m. Seconded by Cm. Sutbn. A11 ayes, motion carried, Respectfully submitted, v A ' 4&* ,: City Clerk I' ~"1~"~--"~""--~-"~"""~~""~ MINUTES OF ADJOUEXED fZ3TIiL'G " OF CARLSBAD CITY CO'.l"TC'IL March 26, 1953 &Teeti22 called to order at-7:05 pa 111. by ivlagm XcClellm. Present besides the ?'layor were Councilmen Sutton, Ede, Grober, City Clerk Eagen, City Attorney Smith, Fublic Uorks Director Barter. Cmn. Ede moved that the reading of the minutes of the meetiylg of March 19th be waived. Seconded by Cm. Sutton. -Ail ayes, motion car- ried. Mr, James Ti. Slate md Ni?. Bill Walsh, Sanitariws from the County Health Department, were present and eqlained in great deta1.1 present pro- cedures being followed in regard to percolstion tests and. inspections on septic tanks as required on FHA, VA and CVS-insuped construction, and stated that the County would like tc co?ltinue to provide this s&?vice as it has worked out most satisfactorily. He stated t@t this service costs