HomeMy WebLinkAbout1953-11-17; City Council; Minutes2 0.4
conditions, which crea.te. .palice. pro.blems., City Attorney Smith pbinted out that the State Housing. Ac.t req.uir.es.one- toilet for each family, and that certain existing .Heal%h. ordinances ... could be invoked; and it was a- greed that the problem would first be approached through existing health and housing laws and,'if not successful, further measures would be taken,
There being no further business to come before the Council, Cmn. Castorena moved for adjournment,.seconded by Can. Chase, All ayes, meet- ing adjourned at 11:15 P. BB.
Respectfully submitted,
.dAw,A //AL &/ I d ,! /&x GV DWARD G'; KAGEN, // . -" City Clerk
iJ "~""~"~"~-~~"~~"""""""""""""""~""""~~-"~-~"
'I
MINUTES OF MEETIRG OF CARLSBAD CITY COUNCIL
Hovember 17, 1953
Meeting called to order by Mayor McClellan at 7:OO P. M, Present besides the Mayor were Council men Castorena., Sutton, Ede, and Chase, Cil Clerk Hagen, City Attorney Smith, Public Works Director Barter, Buelding Inspector .Ewald,. and. Chief of Police Balkowski, Absent, none.
Cmn. Ed6 moved, seconded by Cmn. Sutton, that readifig of the ninutez of the November 3rd meeting be waived, All ayes, motion'carried,
Mr. R, B, Redmond, inspector from the County Health Depar.Went, was present and gave a comprehensive repo'rt on the recent survey made by him', Mr. Barter, Max Ewald, and members of the Police Department into unsani- tary and sub-standard conditions prevailing in some areas of Carlsbad, principally in the Mexican quarter. He cited cases of both flagrant vio- lations of the health code and also borderline cases which could be ]d ' brought up to standard with perhaps some slight assistance, stating that he had posted notices to vacate in the flagrant cases. The setting up of a citizen's committee to assist homeowners wishing to bring their housing up to standard as regards sanitary facilities, ms discussed,
, It was agreed that it would be of value to have such a committee compose( of a general contractor, to advise on building aspects, a banker, to as- sist in arranging loans where FHA financing could be used, and a member or members of the Mexican-Amerkban Association. Mayor BdcClellan com- mented that Mr. Irby, former health inspector in thhs area., has stated that this plan had been very successful elsewhere. After discussion, Cmn, Ede moved that the appointment of such a committee of three members be authorized by Resolution, to be presented at the next Council meeting, Seconded by Cmn. Castorena, All ayes, motion carried. The Council as- sured Mr. Redmond that they were in accord with his actions to this point . *,
The City Clerk reviewed the application of Melvin and Jeannette Lull for reclassification from E-2 to R-l of the area described as all 0; Tract 245 except the westerly 150 feet, and all of Tract 250, Thum Lands located' between a .line 150@eet, east$of the east line: of Highland Drive on the west, Monroe Street on the east, Chestnut Avenue on the'north, and Magnolia Avenue on the south. Mr. Lull was present and convinced thc Council that, given a lit%le more time, he would 'be able to influence more support for his petition. After discussion, Cmn. Ede moved that the application of Melvin and Jeannettee Lull be referred back to the Planning Commission for further consideration. Seconded by Cm. Chase. Mr. Lull was asked to have property owners favorable to his application come to the Planning Commission meeting, All ayes, motion carried,
the Planning Commission for reclassification from R-1 to R-2 of the smai: triangular parcel of land in Tract 115, Carlsbad Lands, on the east side of Pi0 Pic0 Drive, between Elm and Oak Avenues, lying southwesterly of Parcel 1 of Assessor's Map Book 35, Page 41, on file, in the office of 'the City Clerk. The recommendation of the Planning Commission that the request be approved was reviewed. There were no oral or written pro- tests. Cmn, Chase moved that reclassification of the area described in the advertisement be approved as requested, in accordance with the recon- mendation of the Planning Commission, and that the City .Attorney be autha orized to prepare an ordinance to accomplish same. Seconded by cm. Ede All ayes, motion carried.
The City Clerk read Notice .of Public Hearing on the application of
I
s”i$ kQ
r“, p-J e
e*& v
l
I
2C
The City Clerk. read the.. folloiluing ...- racommelldations from the Planning Commission:
(1.1 That reclassification from. R-2. .to. R-3 of the northeasterly 88 feet of Tracts 201 and 202, Thum Lands, as requested by Thomas L, Crom, et af, be graated, A letter of protest, signed by Mr. and ms, Harrie M, Gibsdn, Margaret M. Bolles, Mr, and Mrs, John Snyder, Hr, and Mrs, Ralph Ebright, Mr. and .Us. Harry Patriek, Villa Willard, and Flora Kags Hanson, against any- rezoning of property on Garfield Street between Spa- more.Place and Pine Avenue, was read, Mr. Crom was present, as WBS Edr. Gibson, and discussion brought out evidence that there was some confu- sion in the minds of the Protestants as to the area affected. After dis- cussion, Can. Sutton moved that the application of Mr. Crom be referred back to ths Planning Commission for further consideration, since that body did not know of the letter of protest at time of making its recom- mendation. Seconded by Cm. Ede, All ayes, motion carried. Coxdssion- er Helton of the Planning Commission was present and explained that Mr. Heidegger, a co-signer on the petition, had signed same in support of Mr. CronPe request, aather than as a co-applicant,
(2) That the application of Harry Kelley, 1173 Chestnut Avenue, for variance In front yard setback from 50 feet to 44 feet to permft enlargement and improvement of an existing garage. There were no pro- tests, and Cmn, Chase moved that in accordance with t&8 recommendation of the PlannXng Commission, the variance requested by Mr. Harry Kellsy be granted, Seconded by Cmn: Castorena. All ayes, motion carried.
(3) Recommendation that the applieation of Carlsbad Mutual Water Company for special use pwrmit to allow construction of a pump-home and storage house on a portion of Lot 28, Carlsbad Estates, be granted, Cmn. Ede moved, seconded by Cmn. Castorena, that the recommendation of -&he Planning Coxmission be approved, and the special use. permit granted as requested. .All ayes, motion carried.
The City Clerk read the application of Roy D. and Gertrude Whit- more and the Twin Inns, Inc,, for reclassification from E-2 to C-1 bf a portion of Tract 1, Laguna Mesa Tract, to permit erection of advertis- ing signs. Cmn. Ede moved that the application be referred to the Plan- ning Commission. Seconded by Cmn, Sutton, All ayes, motion carried.
ferring back proposed Ordfaance 8020, regulating signs, as it did not pertah to land use. Therb 9118s no action.
City Clerk Hagen read a memorandum from the Planning Commission re-
City Blerk Hagen read the followfng correspondence:
Letter from the, Division of Beaches and Parks advising that Carls- bad State Beach had been eliminated from the, County-State agreement, and that it was their understanding that the City 68 Carlsbad would take over same, Mr. Oldham, Chairman of the Parks, .Recreation, Beach & Tree Comtni- ssion, was present and was asked whether the Commission hai3 gone .any further in the discussion of this matter, and stated that tAg work which had been done regarding this matter was taken up before the “option #S .the Ordinance setting up the Parks, Recreation, Beach and Tree Comr&ssion, It was agreed that the letter be referred .to the Parks Commfssion, along with the entire file in the matter,
Proposed Ordi11mC8 5010, prohibiting dumping of refuse on :private or public property, was given second reading, Cxun, Ed8 moved the adop- ‘%ion of Ordinance 5010, Seconded by Cmn, Sutton. Five ayes, no nays, .Ordinance adopted, Mayor McClellan suggested that & conslderable num- ber of extra copies of the Ordinance be printed.
Csm, Chase reported that the Lincoln Street situation has been taken care of.verg nioelg, at nominal cost; also that the hole on Mag- nolia Avenue has been repai~ed, and the section of Basswood also has been repaired. He reported that at the present time no crew was working due
’ to depletion of funds, but that he hoped to get them started again as soon as funds are available. Mr. Apodaca was present and stressed the very great need of a heavy grader,- and stated that he had received an offer, good until Wednesday evening, to purchase a used one for around $3800.00, and wanted to know whether the City would be interested in the deal, Various plans were discussed, such as. lease-purchase, monthly ren- tal, or possibly hiring. the work done by Bressie & Bevanda on an hourly basis, etc. Cm. Chase expressed raluctance to piirchase this item of equipment since it would be of use for only a- portion of each year; and stated that they had obtained prices from four equipment houses in San Die$o, apparently or) the medium blade, of $450,00 per month, which would
? 0-6. Pndicate that rental. on.. the ... larger blade would run around #750.00 per month. It. was dec.idad. to. .a.uthor~ze-.Cmn...Chase to work out one or two . alternate proposals-, to.gether with a summary of equipment rental rates prevailing in the county for .compara.hls..equi~ent, to present to the Council at its nentt meeting; and that if, in the meantime, it is nec- essary to hold a special meeting to take action,,it will be done.
The City Clerk read a letter from the County Planning Congress re- garding zoning of Vringe areas". Referred to the Planning Commission.
Letter from the Federal Communications Cammission was read, inquir- ing whether the City has an ordinance regulating use of devices which interfere with radio and television reception, and, if so, requesting two or three copies; also suggesting that if' no ordinance has been a- dopted, wrmission be granted for an Engineer to appear before -the Coun- oil to present propoaals for such regulation. After discussion, the City Clerk was asked to contact the radio and TV dealers in town to find out whether there 4s a sufficient problem to warraat considering such an ordinance. #f
After a lfi-minute recess, the Council was reconvened at 9:20 P. M,
The City Clerk read a letter from Oscar 0, Cross asking permission to reduce rates on his taxicab service, as follows:
$4.00 per hour for waiting time; .25 for the first &mile or portion thereof .lo for each *-mile or fraction thereof thereafter
with taxicab neters to be used for determination of fared. After dis- cussion, Cmn. Ed8 moved that the applicakion of Oscar, 0. Cross for permission to reduce rates on h%s taxicab service, as outlitned in his letter, be approved. Seconded by Cmn, Chase. All ayes, motion carried, The City Clerk was requested to so advise Mr. Cross.
Letter from Marie Nasland, Deputy County Clerk advising that the Board of Supervisors on November 10th authorized the Cotmtg Treasurer to'perform services for the Ciey 6% CarLsbad in connection with the is- suance of .sewer bonds, Mayor BdcClellan explained that a part of the to- tal oost of the job, cotrered by the assessments to the property owners, was a sum set aside for advertising, etc., $750.00 of which sum was transferred to the County Treasurer, along with another $750.00 fbcm City funds to cover such services. The City Clerk was asked to look in- to the matter of the advertfsing appropriation,
Cmn. Chase reported that he had attended the last Sanitary Board meeting and was given the assurance of each of the members that they' will co-operate to the fullest extent possible during the transftion ,. period,: without compensation. 'City Attorney Smith explained that the Sanitary Board was given a continuing life until they were actually served with a copy of the Court order dissolving and merging them with the.Citg, which 4ad been done, at which time the phpsical operation of the plant becomes the City's responsibility. Cmn. Chase stated that the members of the Sanitary Board agreed to take care of all the details they are now taking care of.
..
City Clerk 'Hagen read a letter from the County of San Diego, Divi- sion of Roads, advising that the road station' at Carlsbad will be closed permanently, and the 'facilities offered for sale, After discussion, Cmn. Chase moved that the matter of the possible use of the County Road Station land and buildings by the City of Carlsbad be referred to the Parks and Recreation Commission for study and negotiation with the pro- per Department of the County. Seconded by Cmn, Ede, All ayes, motion carried.
The S8mpl8 signs from the 0, S, Porcelain Enamel Company were ex- amined and prices quoted by the City Clerk as #lO,jO per pair in lots of two dozen, complete with hardware. ... After discussion, Cmn. Ede moP.ed that the City Clerk be authorized to purchase this type sign as,,requir- ed, consulting with the Chief of Police, and as funds are .available to purchase signs. Seconded by Cmn. Castorena. All ayes, motion carried,
Boulevard, was summarized. Cmn, Castorena stated that in oohversation .with Chief Patrick of Oceanside, the Chief had said he would recommend to his Councfl the elimination of, the "end of the 35-mile-per-hour zone ,* at their south City limits. Cmn. Castorelpa moved that first Zb~dUg of
PEoposed Ordinance 3007,- establishing speed limits on Carlsbad'
I
24 I,!
pi 'Pj
4
.-.:.i W
w
I
I
2(
proposed Ordinance. 3007 be.. waived,. Seconaed. .by Cmn, Ede. All ayes., mo- tion carried.
City Clerk read a letter frDm Claud J, Fennel requesting that prf- or rights to the abatting property owners of a portion of Road Survey 135, and an old Survey #43, be released. It was decided to refer the matter to the Planning Commission, after examination by the City Attor- ney. 8
City Clerk Xead a letter from CB&aQnSaBE&al, business manager of the OW High School District, asking cancelikation of 1953-54 taxes on certain pieces of property acquired by the District, from former owners John T. Beill,. Zachary Do Shaw, Jr., Doyle Croft, and Mildred R, McIn- tosh, Cmn, Ede moved that the City Attorney be authorized to draw up a Resolution granting. these requests. Seconded by Cmn,. Chasa. All ayes, motion carried.
detter was read from the Division .of Highways, 'signed by Mr. Beu- thel, advising that $4,744.32 should be received by the City pts Gas Tax payment for this quarter.
Letter from the Division of Eighways, signed by Mr. Beuthel, was read, asking that the City furnish a padlock for the switch box'con- trolling electrical energy used to energize the soffit lights in.the Chestnut Atw&ue pedestrian- undercrossing; and a. letter transmitting '. eight keys to the light fixtures at the 'same underpass.
'City Clerk Hagen read. a letter from the Office of Civil Defense in San Diego, signed by Admiral S4eraan; advising 'that all member cities and the County have now ratified the Region 10 Pperational Plan A as drafted, and the plan is now in effect; also reqtaestbng that each mem- ber proceed with drafting its own Operational Plan A, as per sample format furnished. Deferred-for two weeks, to await plans gradually being drafted at the regional meetings. The City Clerk reported tbat he had advis8d the San Diego office that the City of Carlsbad d$d not r wish to purchase a siren at this time, as our people would be notified by the bell and light system.
T&e City Clerk read a letter from Douglas D. Deaper,.Deputy City Attorney of the City of San Diego, Harry 0. Jufiani, City Attorney of the City of, Oceanside, and Leo .R, B. Henrikson, City Attorney of La Mesa, Mesa, rendering a joint opinion that a flat aate tax is proper on businesses doing busineris within a city, but which do not have a fixed place of business therein, so l.ong as the tax properly excludes busiaes- ses which have only.occasiona1 transactions w&%hin the City, Mayor Mc- Clellan stated that he had been named on a committee to draft an ordi- nance establishing a uniform rate, and Pelt that the subject my be dis- cussed at Fpiday?s League of Cities' meeting at Escondido,
ter Plan Branch Administrative Centers, to be held before the Board of Supervisors on,Tuesday, December 8, 2953, at 2:OO P. M., at Room 310 Civic Center, $an Diego,
City Clerk Hagen read a copy of .Notice of Public Hearing on Mas-
1
Proposed Resolution accepting the relinquishment of Pi0 fico Drive was read, Cmn. Castorena brought bo the attention of the Counoil the potential danger in children riding b,$bgcles at fall speed through the jefferson Street underpass onto Pi0 Pic0 Drive. It was proposed that a barrier be placed directly in front of the underpass to necessitate cg- clists slowing down to go around it. Chief Palkowski commented that the Police Department had known of this hazard for some tinie; that in fact, the underpass was .the source of other police problems as they had flushed quite a',few bums out. from there, and had found that some of the older grammar shhool children were meeting boy friends -there, smoking, etc, He pointed out, however, that a barrier placed there might work a hardship on elderly or handicapped persons who must use the Underpass. Referring to the Resolution, Cmn. Chase stated Mr. Barter was reluctant to approve the road until he had gone over the whole thing with the re- sident engineer, which will-be done tomorrow. Action was deferred until next Council .meeting. The City Clerk reported that the State Highway Department had advised that f)300.00 per year put aside for mafntenanoe of the road would be sufficient for the next two or three years,
Mrs. Sutton summarized the proposed -form ordinance requiring physical examinations for food handlers. The .question of the defini- tion of "food handlers*; as to whether agricultural workers would be included,. was .brought up, and Mayor @cClella&tated that he had brou@t up this at the meeting'of the Mayor's and was informed that it did not
9 ' 8 appgy to agricultural- workers., but .only. to ... persons handling food in maz? kets or restaurants2 Cmn. ..Su%t.on- staf;e.d .she would like to discuss the matter with the County Farm ... Bureau. and.. ge.t.. their interpr,etation of Sec- tion 6. The City Attorney was asked.. to.. study the ordinance for inter- pretation as to food handlers, and as to practical .enforcement of Sec- tion 6 relating to a person residkng in a household with a person afflic-
Mayor asked that the members inform themselves so that they can dndicate their attitudes at the next Coeci.1 meeting.
consisted of the following:. Max Ewald, Allan Kelly, Buzz Garland, George Parker, Red Robinson. Sitting in with the committee will be a member of the Planning Commission, a representative of the San Diego Gas & E- lectric Company, and a member of the City Council. She also reported that a delegation of' seven citizens went to the meeting at Ventura, and she felt they had made q.uite a favorable impression, and that many peo- ple heard about Carlsbad Harbor who had not known of its existence. She reported that the subject of harbors wascdiscussed fmm the differ- ent angles of commercial interests, pleasure interests, and recreational interests; and that money for development would be raised from three sources, i.e., tax money, oil.royal%ies, and the impounded Tidelands money. An executive committee of 15 members had been appointed, with Rei1 Cunningham as Chairman, and Max Ewald commented that he felt quite , sure that Allan Kelly will be on this committee. Mr. Ewald also stated that he has a brochure.put out by the Army Engineers indicating that some engineering study had been done on the Agua Hedionda basin as a proposed harbor. He stated the thought seemed to be to develop a ohain of refuge harbors along the Coast, and the Carlsbad lagoon fits right into the chain, being halfway. between Newport and ,San Diego, Cmn. Sut- ton stated that she felt that before anything can be done the land @us% be under control of the City, as the State cannot deal with a pri'vate pasty, and asked that the Council approve negotiations on behalf of the City, between the Harbor Committee and the San Diego Gas & Electric Company, It was agreed that the Harbor Committee negotiate with the San Diego Gas & Electric Company for the use of the Agua Hedionda ba- sin as a boat harbor, and report back to the Council at an early dafe.
The Mayor announced the San Diego County Planning Congress' annual meeting on Thursday, Xovember 19th, at the Kona Kaf Club on Shelter Is- land, and asked whether any membersTwould be able to attend. None were able to do so.
. ted wlth disease, etc., and then return the ordinance to Mrs. Sutton
. to take up with the Farm Bureau before the next Council meeting. The
Cm. Sutton reported that the Barbor Committee had been set up and
Mayor McClellan explained the proposed San Diego County Flood Con- trol Act, creating a district which is 8 tax agency, commenting that the City of San Diego has requested exclusion .of the entire City of San Di'- ego from the district. The Mayor volunteered to study the Act.
drainage plan for surface drainage, Mayor McClellan commented that there was a great deal of information bearing on this subject on Vat+ ious maps, sub-surface drainage plans, sewage plans, etc., which, if it could be assembled and transferred to a single plan, would furnish much engineating data. It was suggested that Mr. Nick O'Brgan is a draftsman whose services possibly could be Obt8ined.
Cm. Chase again called attention to the urgent need for a master
Cmn. Ede reported that the Civic center Site Comnittee met at the Royal Palms and investigated the site as a possible location for a Civic Center, but that upon investigation by the City Clerk, the cost seems quite exhorbitant.
Cmn. Castorena moved, seconded by Cm. Ede, that the Council ex- press its thanks and congratulations to..Ci*y At%orneg T. Bruce smith for his legal victory in the Patterson case,. decided in the City's fa- vor. All ayes, motion carried,
There being no further business to come before the Council, Cmn. Chase moved fer adjournment, seconded by Can, Castorena. All ayes, meeting adjourned at 11:30 P. M,
Respectfully submitted,
GV
A