HomeMy WebLinkAbout1953-09-01; City Council; MinutesI-:
I. Castorena stated he would like to keep the tax rate to 406 if possible, reminding the Council that the Gas Tax Street Improvement Fund is another source of funds for street maintenance.
Mayor 1"IClellan commented that he believed that the assessed valuation could be expected to run close 50 $7,000,000.00, ,It was also brought out that monies from the gas and electric fmchkses would be available in Plarch, but would probably be less than ~2000.00,
After discussion, Cm. Chase moved the adoption of an Ordinance indicat
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ing that the amount of revenue that the City will require from ad valorum tax for the fiscal year 1953-54, will be $2j,000.00, Seconded by. Cmn, Castorena, Ayes, Cm, Chase, Castorena, Mayor McClellan, Nays, none. Absent, Crnn', Ede and Sutton.
Cm, Castorena moved for adjournment, seconded by Cmn, Chase. All ayes, aeeting adjourned at ?:40 P, M,
Respectfully submitted,
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*&T L NATALIE VERMILYXA, De Ci y ty Cler ..<
5 " - - -,- - - - - - - - - - - - - - - -.- - - - - "- - - I - - - - - - - e -4 lelI3TUTES OF KEETING OF CARLSBAD CITY COUNCIL
Se-otember 1, 19%
Neeting called to order at 7:OO p, 4. by Ikyor McClellan. Present be- sides the IJIayor were Councilmen Castorena, Ede and Chase, City Clerk ' Hagen, Public Works .Direct.or Barter, City Attorney Smith, and Police Chief Palkowski,
Cmn. Ede moved that reading of the rpinutes of the meeting of August
The City Clerk read the following correspondence: I 18th be waived, Seconded ,by Cmn. C'nase. All ayes, motion carried.
Letter from Hr. and Mrs. George Fredkin congratulating the City Cou- ci-1, Beach Committee and. citizens on the beach clean-up, Referred to the Parks, Recreation, Beach and Tree Committee for their information.
Letter to Mayor McClellan from the Division of Highways, signed by E, E, Wallace, dated August l9th, in which they advise that it will not be possible for the State to convey, title to certain excess parcels of land in return for the- City's acceptance of Pi0 Pico. Drive, as sone par- cels had been sold and others were at present for sale, The Mayor com- mented that there appeared to be some misunderstanding, as the ten parcels in question have not been sold nor offered for sale but were being held pending outcome of. these negotiations, Cm. Chase moved that a letter be written to the Division of Highways advising that the City does not feel that .it .can accept relinquishment of Pi0 Pic0 Drive at this time, Seoond- ed by Cmn , Ede. All- ayes, mot ion carried,
Letter .from the Division of. Highways, replying to the Mayor's letter of August 19th urging the establishment of a 35-mile speed zone between Tamarack and Walnut Streets, stating that they would make a su-ey of the situatipn, first obtaining a record of all accidents in the area; also advising that the striping had been repaired, and the pavement stencilled opposite the 35-mile sign, Mayor HcClellan stated that Chief Palkowski had written a letter thanking the Division for the re-striping,
U, X, 101 as U, S, 101 Business Route, asking whether the 'City would agree to place and maintain business route markers, md suggesting that this might be done by the Auto Club; also enclosing four copies of sign lay-out in accordance with State requirements, It was estimated thqt about a dozen signs would be required. The City Clerk was asked to send a copy of the sign lay-out to .the Auto Club of Southern California and find out the cost of the .signs and installation.
I Letter from the Division of Highays regarding the designation of
I%morandum from the Tree Committee recorneading removal of palm and acaoia trees on Ocean Street between Grand and Cedar, to alleviate the
traffic hazard at that point, Cmn.. Castorena moved that the recomendatior
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of the Tree Committee be accepted. Seconded by Cm. Ede. All ayes, motion carried.
Howard Oldham, Chairman of the Parks, Recreation, Beach and Tree Commission, reported on the successful Beach Clean-Up Day kielcl on August 29th, expressing gppreciation to the Volunteer Firemen, who made arrange- ments for the hauling away- of- the trash Sunday morning, the Mexican- Ame,rican Association, who served refreshments to the workers, and to all other groups and individuals who co-operated in the campaign. He stated he would like to make the clean-up a yearly event, or semi-yearly event, and was advised that the Parks, Recreation, Beach and Tree Commission is the proper place to organize the program and is vested with the authority to d.0 SO. Mr. Gldham stated the Commission would like to suggest the passing of some type of ordinance, with teeth in it, to prohibit throwing of trash on public property, or even on vacant private property, He stated that the matter of getting conta.iyl,ers for trash would be taken up at the next meeting of the Commission. Mayor McClellan asked' the City Attorney to secure a sample ordinance to be submitted to the Parks, Rec- reation, Beach and Tree Commission for their study dYld recommendations.
Letter from Chief of Police to City' Traffic Engineer making recom- nendations as to speed zones, striping, and erection of signs on Highway
101 upon its relinquishment to the City, as follows: 25 miles per hour from the north City limits to Kelly Slough Bridge; from Kelly Slough Bridge to Terramar, 35 miles per hour; t;hrough Terrarnar, 25 miles per hour,. and from Termmar to Wuth Ci$y"..limits, 35 miles per hour.
IvIemorandum from Ti?affi& Engineer approving the Chief's recommend-a- tions with one slight change in the wording of the ".Welcome" signs. Cmn. Castorena was asked whether he had any comment, and stated that there was a gap of about three or four hundred feet between the end of the 35-rnile zone in Oceanside and the beginning .of Carlsbad's 35-mile zone md he would like to see the "End of 35-aile zone" sign in Oceanside removed so that there would -not be this short 55-nile zone. Cmn. Castorena thought it night be possible to work out something with Oceanside on ths matter. Cmn. Castorena moved. that the City Attorney be instructed to draw an Or- dinance authorizing the traffic signs recommended by the Traffic Zngineer. Seconded by Cmn. Ede. All ayes, mot ion carried.
Letter from the Board of Supervisors enclosing four copies of Supplemental Agreement for Services of the County Road Department. The agreement was read and it was pointed out that its purpose was merely to authorize change $n the rate schedule from the original agreement. Cmn. Chase mcrved that execution of the agreement by the proper officials be authorized. Seconded by Cm.'Ede. All ayes, motion carried.
Cmn, Castorena gave a detailed report on need.s of the Fire De- - partment, listing. items totalling $543.00, of which the Office of Civil Defense will pay $l68.00, leaving a balmce of $375.00 to be paid by the City. He stated the Department was prepared to pay $5OO,OO from their own funds for uniforms; that the list presented was arrived at after carefully going over the budget and selecting these items as essential for the proper functioning and. safety of the Department. After discussion, Cmn. Ede moved that the Volw-teer Fire Department be authorized to pur- chase the equipment set forth in their request, amounting to 5375.00. Seconded by Cmn. Castorena. A11 ayes, motion carried. The. City- Clerk was asked whether funds are available for this purpose and stated that they have been put aside from the in lieu taxes.
The August report of the Police Department was read, listing 9 arrests, 16 accidents, 154 traffic citations, and 33 general cases.
The City Clerk read Notice of Hearing to -consider rezoning from Zone E-2 to, Zone R-1 a portion of Tract 256, Thum Lands, and a portion of Lot J, Rancho Agua Hedionda, being a portion of Lot 34 of Carlsbad Estates, at the request of the Gallinger Corporation. byor McClellan absented himself fron the Council during the discussion -of .this mattes, . since it concerns property for which he is the agent. Cmn. Ede was asked to preside ad took the chair. John Martin, attorney of Encinitas, introduced himself as counsel for the Rural Citizens' Committee, and submitted petitions signed by approximately -150 Carlsbad citizens pro- testing the rezoning on foqr counts: (1) Sanitation, (2) Reduction in Community Values, (3) Defense Housing, .and (4) Water Shortage. Mr. Martin took up each point separateLy ani3 developed the Comaittee's reasons for protesting on each count, Referring to the sanitation count, he compared the situation to .that at Spring Valley, which has been the subject of long controversy due to its drainage problem. On .the second count, Iqr. Ibrtin stated that his clients feel that, coupled with the drainage problem, the
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type of development proposed will tend to decrease value of neighboring property. On the matter of "defense housing", he stated that in view of' the 200 vacant rental units in the City at this time, his clients felt that the proposed development would be an in$.xtice to property owners, On the water question, he asked whether an investigation had been con- ducted as to where there is sufficient water to take care of the proposed tract, He also brought up the question of the zoning ordinance No. 9005 being an emergency ordinance, passed only for the purpose of tiding over the City until such time as the Planning Commission could come up with a proper ordinance, ayld that the Rural group considered it inadvisable to amend the present emergency ordinace, conteading that a better plan should be formulated before large-scale planning is attempted, Mr. Barter was asked whether an investigation was made of the drainage problea and he stated that a study had been made, percolation:.tests taken , etc,, which appeared to be satisfactory. It was emphasized that the present hearing was for the purpose of considering rezoning of only a portion of one lot of the subdivision, that the balance of the tra& had been rezoned ap- proximately a year ago shortly after the incorporation, upon recommenda- tion of the County Planning Commission, under which the reclassification was initiated. Mr. Barter stated that in his opinion development of the
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'4 tract as proposed would not require nuch, if aay more water than the 5 present farming opemtions were consuming. # c 2 petition were 14r. W, H, Syme, Frank B, Smith, Hmard Butler, ad Paul Waggener. Mr. Syme and Plr, Smith were opposed to ''forcing" sewers on property owners who did not want them, Mr. Smith stating that jumping over
E-2 areas and making R-1 zoning was poor plaxning and virtually spot zon- ing, that he objected to thi-s md to forcing sewers on the intermediate property owners. Nr. Butler stated that he had been informed that prior tc the incorporation of the City of Carlsbad, a resolution had been passed an( was on file in the records of the County Planning Commission, recommending that rkioning of this area be denied ; that no public hearing was held, ayld in the opinion of the Rural Citizens' Committee the recla,ssification was illegal, Joe Cockrill, member of the Carlsbad Planning Commission, was present and explained the actior! of the Commission in recornmending for re- zoning the small area now being considered, and stated that no protests, qritten or oral, were received by the Planning Commission.
14 Nenbers of the rural group present and speaking in support of theIr
I Mr. Butler asked if the Council would concede thzt the rezoning was done without any public hearfng. byor PIcClellan stated that the County Planning Commission had held two hearings on the application for reclassi- fiation, qd that the change was recommended by the 'field committee who studied the matter, and, because of the impendbg incorporation, had been held up until after the election, A citizens' Advisory Committee had then studied the matter and the reclassification, upon their recommendation, had been incorporated into the zoning ordinance, which was adopted as an
' urgency ordinance in ordem? to get &mediate controls when there were none, He f'urther stated that said R-f zoning was not the original R-1 zoning in the area,, as the Carlsbad Highlands bad been reclassified prior to that time, Cmn, Ede commented that at the time the Citizens' Advisory Commit- tee was formed, a request was made of the Rural Citizens' group that they ask one of their members to serve on it, which request was denied,
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Cnm. Chase moved that the recorzendation of the Planning Commission regarding the reclassification from 3-2 to R-1 of a portion of Tract 256, Thum Lands, and a, portion of Lot J, Rancho Agua Hedionda, as described in the application of Gallinger Corporation, be accepted, and the City Attornt instructed to draw up a proper ordinance accomplishing the change, Second, ed by Cmn. Castorena, I'k, Butler asked Cmn. Chase whether he has any busi ness relationship with the people who are developing Cmlsbad Estates, Cm. Chase replied that he did not, except as an employee of another con- cern, Rhoads Construction Company, who have done some work for the Gallin- ger Corporation, Vote on the notion, three ayes, no nays, Mayor I'lcClellan abstaining, Cmn, Sutton absent,
Mayor McClellan returned to the chair, avld the matter of the dedi- cation of 15 feet along the south side of Grand Avenue frob Hope Street to the dead end of Grand Avenue, was reviewed. Everett PI, Pierce, Iulr. Nielsen ad John Ortega, affected property owners, were present, and €.lr, Pierce sumrr.arized the situation and explained from a sketch a design for a cul-de-sac which would be 58 feet long and 55 feet wide. Rr, Barter objected that 55 feet was not adequatex;for a turn-around and that 60 feet should be provided, but it was shown that 55 feet was the maximum that could be d-edicated., Nr. Pierce stated that Mrs. Sonneman had peceived a
; letter from the title conpany stating that a blanket deed could be prepare1 covering the property to be dedicated, which could be signed by all owners
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and lien-holders, Cm. Chase asked about the cost of surfacing, and Mr, Pierce and Mr. Nielsen stated that the property owners will bear this ex-
pense. City Attorney Smith was asked whether the deed should be accom- panied by a policy of tit3.e insurance, and stated that if the title compang itself prepared the deed, he felt it would be adequate auld. could cover 'all ownerships, either direct or secondary. An excerpt from the minutes of the Council meeting of March 19, 1953, was read, wherein the dedication was ac- cepted by the Council, indicatmg that no further Council action was neces- sary at this point,
Proposed Ordinance 1031,- setting tax rate for t-he City of Carlsbad for "the fiscal year 1953-1954, was read and discussed, Crnn. Ede moved the adoption of proposed Ordinance 1031, Seconded by Cmn, Castorena, It was discovered that the ordinance was not set up as an e.mergency ordinance, as was the intention, and. it was agreed 'that Section 2 should be deleted, and the following paragraph substituted:? 'This Ordinance -shall take effect on its *passage and adoption pursu&t to sub-section (dl of Section 36937 0-f the 'Govern-ment Cod-e of the State of California" , Cmn. Ede and Cmn, Casto- rena accepted the amendment, Vote on the motion, all ayes, no nays, Cmn, Su-tton absent . Ordinance adopteG..
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;'2 * had been auditing the books, had suggested that a list be made. up of the e bills each month, (except for routine bills which cm be paid without 2 action of the Auditing Committee) and have the list signed by the Auditing Committee members, rather than having them sign the individual bills. This proposal met with the approval of the Cowcil,
City Clerk Hagen read the lease between the Roman Catholic Bishop oj San '.Diego, California, and the City of Carlsbad, coverlng the property now occupied by the City offices at 3075 Hard-ing Stree-t, described as Lots 27, 28, 29 and half of Lot 30, Block 57, Carlsbad Townsite, for twelve months, with option to purchase within one year, at $60,00 per month, .the rent payments for the twelve-month period to be applied against the purchase pri'ce if the option is exercised, Cmn. Ede moved the approval of the lease and authorization of its execution, Seconded by Cmn, Castorena, All ayes, motion carried ,
.e The City Clerk reported that Joe McCarthy of Everts & Esenoff, who
I Proposed Ordineace #7018, changing name of, Highway XI-SD-2-CBD within the limits of the City of Carlsbad, to CARLSBAD BOULEVARD, was read,
After a 15-minute recess, Eayor McClellan reconvened. the Council at
9::ZO P. PI. Cmn, Ede moved that this conststute first reading of proposed Ordinance #7018, and that it be tabled for two weeks for final reading;. Seconded by Cm. Chase, All ayes, notio-rn3 carried,
The question of membership in the National Institute of Municipal Law Officers wqs again ta-kerz up and discussed, and Cmn. Ede moved that the expenditure of $42.50. be authorized to reimburse City Attorney Smith for the membership fee to NIP GO.^ Seconded by Can. Chase, All ayes, motion carried ,
The City Clerk reported that Everts 8c Esenoff will have a32 audit report ready by the next meeting.
The matter of posting "No Parking" signs on Ocean Street, previousl: discussed In the Council, was reviewed, Playor McClellaa yead Section &-A from Ordinance fJ3005, authorizing the Traffic hgineer to post "No Parkbg'
SiWS on both sfdes of the street if the travel-way does not exceed 20 feet, or on one side if th3 travel-way exceeds 20 feet but is less than 30 feet. b. Barter stated he felt the Hotel should be compelled to take out the stwnps of the trees which they cut without,permission, and that he had been told that if he would anmite a letter, Iik, Westpee would take it up with the mmagement:e €ie was authorized to do SO, I
Can, Chase reported that a total of $780,00 had been spent on the streets over a two-week period, and that they are working on other problem: drainage,' etc,
Civil Defense called at the office, and stated that the State feels that their specifications for the fire truck are much higher than the Federal specifications, ajzd if the truck is built in compliance with their specifia cations, the result would be a much better truck at less cost. He also re] ed a visit from the Van Pelt representative, the day after writing them,
ad also a letter from them stating that the City would be given the Same price as that given the State, He also reported 'chat the san Diego Fire
City Clerk Hagen reported that a representative from the Office of
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Equipment and Blbro in L. A. wish to bid on the truck and are willing to use the specifications of the State, with the half-eozen changes requested by the Fire Department. He stated a list was being prepared of what will be required so that an advertisement for bids can be put in the paper. Can. Castorena stated he had been assured the truck would not have to be used strictly for civil defense, but would be available for any local calls and that the payment from the State would be on the basis of an indefinite loan, not requiring payment. Cmn. Castorena moved that the City Attorney bt instructed to prepare an Invitation for Bid.s on the fire truck on specifi- cations as outlined, substantially the State specificatkons with certain minor chmges as requested by the Flre Department, to be presented at the next Council meeting. Seconded by Can. Ede. All ayes, motion carried.
Can. Castorena, reporting on *he Police Department, read a letter of reseeation from Officer Richard E. Kolb, effective August 3lst, giving as his reason that he has an offer which may benefit his future, and moved its acceptance. Seconded by Cmn. Ede. All ayes, motion carried. Can, Castorena offered a resolution that Volunteer Officer Joe A. Castro be appoi-ntea as a regular officer, following the regular procedure, at a starting salary of $275 .OO per month for a six-month period, to begin his duties on September lst, 1953. Ayes, Cmn. Ede, Castorena, Chase, Ihyor McClellan . Nays, none . Absent, Cmn. Sutton. Resolution adopted.
Can. Castorena stated that through an oversight he did not mention the fact that the new police car should be equipped with a siren , and that it will be necessary to purchase a siren and radio equipment. He offered a motion that the City Clerk be authorized to purchase a siren for the new poliae car, Seconded by- Cmn. Ede. All ayes, motion carried. Cmn. Casto- rena stated that the Chief of Police is investigating the possibilities of installing two-way radio aad that they felt that some economy to the City could be accomplished, and he would be prepared very shortly to present something to the Council.
Cmn. Castorena sta-ted that he and the Chief had discussed the color
of the new police car and decided that, for the present at least, it may not be practical to paint the car in- a different color as it may be neces- sary to rotate the cars, and, since the black and white coloring is to be used for working'traff ic only, it seems advisable to leave %he new car black, He stated that whenever it becomes necessary, it will be quite simple to spray the doors. He also reported that the Chief is investiga- "Ling the possibility of getting decals to designate the police cars.
The investigation by the League of Cities, undertaken at the re- quest of the San Diego Chamber of Commerce, to see whether there could be some- uniformity achieved in the treatment of non-resident businesses, was discussed. City Attorney Smith stated that as yet no conclusions had been reached by the committee studying the problem, as it was a very touchy situation, complicated and clifficult to obtain equality, and could. result in something so cumbersome as to draw a jaundiced view from the Courts. Cmn. Ede was asked to read over the "wheel tax" report gotten out on the subject and report his. findings to the Council.-
Joe Cockrill, nember of the Planning Commission, reported that he had talked over the telephone with Robert Sutton, who is attempting to ar- raxge a conference in Carlsbad with Professor Taylor of San Diego State College, to work out details of the proposed planning stutiy to be under- taken by his students, but at the time of their conversation, no arrange- ments had been completed. The IvIayor, and Cmn. Chase indicated that they would like to sit in on the conference, if possible .
There being no further business to come before the Council, Cmn. Castorena moved for ad joumment, seconded by Cmn. Chase. All ayes, meeting adjoumed at 1O:OO P. YI.
Respectfully subnitted, i
:L&qfi d s,idL/tAq EDWARD G. EIFLGj3V City Clerk
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