HomeMy WebLinkAbout1954-03-02; City Council; MinutesI
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be pa9te.d .a. refsrence indicating. that Ordinance # 8020 covers require- ments for canopies (also covered in. the Buding Code,) Cmn. Chase moved the adoption .of pr-oposed. Ordi.na-e 8020. with. the insertion in Section 14 of Paragraphs 9, and lO,.Seconded by Cmn, C.a.storena. Five ayes, no nays, Qrdinance adopted,
Mayor McClellan proposed that Resolation #92 approving the formation of the Municipal Water District, be published, U.S. Sutton was asked to confer with the City Attorney as to woraing of the Resolution,
. i Col. Hagen reported &hat at the Water Company meeting 8 motion was assad 4-1 to underwrite $1000,00 for. the realty tax certificate and 1000,OO toward ,payment of costs to put-the proposition to the pebple, 8
The suggestion was made that the Council authorize sohe individual to-publish a statement correcting some, of the inaccuracies recently print ed. by opposition groups, especially in connectlon..with sources of the City's income. Cmn, Chase moved that the Mayor be authorized to set fort the facts about the water and any other misstatements relating to City operation, Seconded. by Cmn. Sutton, All ayes, motion carried,
The question of employment of' associate couqsel far the appeal in the Patterso suit was discussed, The City Attorney suggested that since there is no particular urgency the matter coUd possibly await word from O'Melveny & Myers regarding revision of their.fees, He stated he under- stood that if a strong representation is made,that this is a matter of urgency, affecting the health and safety of the people, it could be heard by the Supreme Court without first going through the Court of Appeals, Cmn. Ede moved that the proper steps be taken by the City Attorney to have the Supreiie Court' hear the Patterson case directly and .at the. ear- liest possible moment. Seconded by Cmn, Sutton, All.ages, motion carried
Cmn, Sutton stated that she is sailing for a trip to India on the 3rd of March, but intends to attend the Council meeting of March 2nd.
There being no further business to come I before the Council, Cmi, Chase' moved for adjournment, seconded by Cmn, Castorena, All ayes, meet- fng adjourned at 11:15 P, M.
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Respectfully submitted,
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x MINUTES OF MEETIMG OF CAHSBAD CITY COUNCIL
March 2, 1954
Meeting called to order at 7:05 E,. M, .by Mayor McClellan, Pre- sent besides the Mayor were Cohncilmen Castorena, Ede; Chase (8700 P, M,) City Cleqk Hagen, Public Works Director Anthony, Reverend R. D. Broken- shire offered an invocation- to open the meeting,
Cmn. Castorens moved, seconded by Cmn, Ede, that reading of the min- utes of the meeting of February 16th be waived. All ayes, motion carried
Monthly report of the -kolice Department was read, as follows: ar- rests, 6; accidents, 10; traffic citations issued, 73; general cases, 60,
The City Clerk read &! a letter from the Registrar of Voters, en- closing three copies of proposed Resolution requesting the Board of Supel tisors of the County of San Diego to permit the Registrar of Voters to render specified services to the City of Carlsbad relating to the .conducI of the general municipal election (imprinting names and addresses of the registered voters on labels for mailing). The' resolution also pEovided for compensation at an estimated cost of $12.00 to the City, The City Clerk read the resolution, and Cmn, Ede moved its adoption, Seconded by Cmn, Castorena, All ayes, motion carried,
The City .Clerk read an additional bill from the City Treasurer for work done during February on the Sanitary sewer assessments, covering
105 hours @ 9k2,OO per hour, After discussion, Cmn, Ede moved the adop- tion of a resolution authorizing the compensation of' the City Treasurer in the amount of #210,00 for services in connection with the Sanitary District bonds during the month of February, Seconded by cmn. Castorelsa,
All ayes, motion carried,
4 0. The City Clerk. brought up the. matte.r. of refund of the reclassifica- tion fee accompanying the: Ban Perkins..application for rezoning, which re- quest was later withdrawn,. It was. agree.d that the fee, less printing costs, should be refunded to the Perkinses.
The City Clerk reported that according to recent magazine and press articles there Kas been a reoent decision to the effect that liquor shops need not pay a business tax on the liquor sold under their State license. He asked authority to refund the money if the previous year's license charged the local liquor stores, The City Xttorneg stated that they mighi be entitled to a partial refund of last year's license, but that they wou: be liable for license tax on all other articles sold other than liquors. The matter was re'ferred to the City Attorney for study.
Final reading was given proposed Ordinance Ro, 3010, prohibiting the discharge of firearms within the City of Carlsbad, Cmn. Castorena moved the adoption of.. proposed Ordinance 3010,. Seconded by Cmn, Ede.. Three ayes, no nays, Cmn. Chase and Sutton absent.
The City Clerk read a letter from John Scoble, addressed. to Mayor McClellan, expressing appreciation for $he promptness with which the street repairs. were made in front of his home; and also Qhe Nayor's re-
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Council for a change in color scheme and name of hss taxicab service in
.. Carlsbad, proposing a green and beige colom scheme,. and name "0scarfs Cab Company of Carlsbad", The letter also requested permission to res- trict the hours of service, shutting down between 2:.30 A. M. and 7:30 A, M. until such time as sufficient public demand is made for service during those hours, The Police Chief was asked whether he had any 60m- ments and stated that the Department had had complaints that persons at- tempting to catch a train fh the early morning had found no public trans- portation available, Mr. Cross stated that it was hard to keep a'driver on duty during those hours as they did not keep busy and became drowsy, and, of course, did not make enough money; but that he would take care of every possibze call, using an Oceanside driver if necessary, as he stated. there was 8 communications hook-up between the Oceanside and Carls- bad stands, Cmn. Castorena moved that Mr. Cross be granted permission to change the color scheme and name of his taxicabs, and that such per- mission be attached to the Certigicate of Pubkic Necessity and Conveni- . i ence, Seconded by Cmn, Ede. All ayes, motion carried.
A memorandum from the Planning Commission, recommending that the
Y A letter was read from Oscar 0. Cross, asking permission of the
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reques.t of George A, dnd Mary Ella Johnson! for special use. permit to al- low erection of a'californla Hi,ghway Patrol sub-station on thkir proPer- tg on Las Flort3s Drive west of Olive Drive, be denied, for the reason that numerous protests from ne-ighbors were received, and the furhter reason that it was the opinion of the Planning Co-ssion that suitable. sites could be found .in Carlsbad for such a station, which as8 properly zoned for such a purpose,. Can. Ede moved that in iriew of the recommendation of the Planning Commission; the CS%y Counci2 deny the request of ,George A. and Mary Ella Johnston for special use peret to allow construction
' of a Ca1iforni.a aighwag Patrol sub-station, Seconded by Cmn, Castorena. City Attorney Smith was asked whether this is a proper subject for a spe- cial use permit and stated that it was. Vote on the'motion: all ayes, motion carried. The City Clerk was instructed to'return to the Johnstons the unused portion of the application fee, after printing costs have been deducted .
Mayor McClellan proposed that .a particular invitation be given those persons filing as candidates to attend the Councilmeetings, as he felt it may be of value to them. Other members approved the idea and Cmn, Ed0 moved .that those filing as candidates for city office be particularly invited to attend the Council meetings between now and the daBe of elec- tion, in order that they mag observe and become familiar with 'some of the I duties that they may be assuming. Seconded by Cmn, Castorena, All ayes, motion carried . .,
' Reporting on negotiations with the 'San Diego Gas & Electric. Com- pany, City Attorney Smith stated that the Harbor Committee had suggest- ed a conference in which they would outline the points on' which a lease or agreement would be based, and that there was a meeting tentatively scheduled with the Gas Company, awaiting Mr. Sfkernin's confirmation.
Mayor McClellan stated that he had had"a letter from Cmn. Sutton,
' which he had forgotten to bring, offering her resignation from the Coun- cil for the reason that she would be out of the co'untry and unable to at- tend any further meetings, City Attorney Smish was asked @hat action was
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indicated and stated that the Council is required to make an appointment within thirty days from the date of submission of the resignation, and if .they do not, a special election must.be called; that in the present case it would be up to the Council's. discmtion 8s the ,election follows in 43 days. It was decided to defer any action on the resignation for the time being, In discussion, if was brought out that the obligations of the Cow .til for this term do ntjt eQf-20 until the regular meeting following the election, utnil the successors are elected and qualify, i. e., are sworn in, etc.
Cmn. Chase arrived'at 8:OO P. M. He reported on the meeting of the contractors in reference to transferring the inspections of septic tanks and cesspools to the .county Health Department. He stated the contractors had agreed that the transfer should be made as soon 8s possible. Mayor McClel3an.stated that he felt reluctant to require everyone to use a 6- wall at extra aost when the other. speclfioations are apparently success- ful, and wondered. if' the Council couldn't negotiate with the County for that difference. .Cm. Chase stated that the only reason for FBA and VA requiring the Cowby .inspections Ls that the County speoifications most nearly approximate their own, and that from Mr. Slater's remarks he felt there was very little chance for success of any such negotiations. He stated there were a number of the contractors peesent and he felt that they had gone into the LBttuation pretty thoroughly, Be stated the con- tractors put every kind of question to Mr, Slater and the VA man, and he felt that e$erybody left .very well satisfied with the situation, assured that the inspections would be prompt, etc. It was brought out that the City has a blanket contract with the Couty under which any or all the County services could be used, It was also pointed out that all fees wil: have .to be kept separate and remitted to the, County, Mr. Anthony stated that the only question the contractors h&id was the trme element, whether they can get inspeqtions when they want them, Cmn. Chase moved that the City Attorney be instructed to prepare all necessary documeats to effect a transfer of inspections of septic tanks and cesspools to the County Kea: Department, Seconded by Cmn. Ede, All ayes, motion carried. The.City Clerk was asked to write the County Health Department for about 100 copie;
Of COUnty OrdinWiC8 #1258 N, S,
Mr. Anthony stated that Anderson & Robinson and Leo Williams.,are trying to work out a &form schedule on the sewer laterals, etc, It was decided to let the matter go over to the next meeting, at which time the invitation to bid will be d-rawn.
Mr. Anthony was asked about Bilich making the -permanent street re- pairs and stated. that he had not been able to contact Mr. Willard, who iEi to be in Charge of the work, so nothing has been done as yet.
was asked his observasipns on the traffic situation, and stated that ther had been qaite a number of complaints on the stop on Carlsbad Boulevard, and that a 36w stop sign is being put there in place of the 24n sign, but that he did not consider it 813 unsafe intersection under presehf, con- ditions; The Mayor' stated that some had comeneed unfavorably on the re- opening and on the stop on Carlsbad Boulevard, and Cmn. Chase commented that he had also had several complaints but did not feel any action shoul be taken at this time,
The State Street re-opening was discussed. Police Chief Palkowski
Cmri, Castorena stated that he had talked with Mr. Anthony about the Tyler Street improvement, but that the BllaSer Gompang is laying lines down there and work will go ahead after they are through*.
The matter of the Elm Avenue construction was discussed. Nagor Mc .Clellan reminded the Council that this was set up as the first construc- tion project under the gas tax funds; that the State approved the necessa rg funds for engineering and ,design on that improvement project, so the City is authorized to get an engineer to do the work and come in with the design and cost estimate, and perhaps in the next year the succeeding Council will have sufficient funds to get the Job done, Ee stated that a curb could be a part of the - job, 'if necessary, 'or curb and gutters could be pttt.in under an improvement district; also that there is a little dral age problbn there. Cmn, Chase reminded the Council that Mr. Beuthel of the Division of Highways had stated at one time that he would like to be in on this project, and it-was decided that the Council should appoint some member to negotiate'with Mr. Beuthel. Can. Chase was suggested as the logical person for these negotiations, and he agreed to do so. It was suggested that Mr. Anthony put'togetker 8 few names of engineers and perhaps between the two.of them one could be selected. It also was sug- gested that an effort be made to have this job done on 8 flat fee instead of 8 percentage fee.
4‘4: Nayor McClellan. a.sked. about the instrument.. belonging to Mr. Apodaca; and Mr. Anthony stated that it was.working a little better, but that he would try it out in a few days and if it nseds .... additional work he will take it back to Rodney Stokes.
The proposed uniform license tax ordinance was discussed, Cm. Ede stated that this plan as proposed does not change our own ordinance sub- stantially, although imposing’ a higher license tax than our present ordi- nance, going to $20.00 on non-local wholesale business and $30.00 on non- local retail businesses, plus a certain amount per emp1oye.e ($3.00 per person) employed within the City’ of Ca,rPsbad. It was pointed out that %he only change necessary in the local-.business license application is in those businesses where noq-local businesses come into town for delivery purposes once a week or more, over a three months’ period, whioh is con- struded as doing business in the City of Carlsbad, All Councihea fa- vored the idea of a uniform business lhense. tax, and Cmn. Ede moved that the City Council go on record favoring the proposed uniform business tax as it rdates to non-local business, and that notice of this action be sent other #$$#$ cities in the county. Seconded by Cmn. Castorena,
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After a 15-minute recess, the Council was reconvened at 9:lO P, M, Vote on the motion favoring the uniform business tax, four ages, no nays, Cmn, Sutton absent, motion carried.
bune, appreciation for her exc.ellent reporting and fine coverage of Carls- bad news during recent months, and wished her success and happiness in her new position in Burlington, Iowa. Bliss Oswalt thanked the Council and stated that Mrr .Cam Miller will be taking over the Carlsbad assign- ment and asked that he be extended the same fine co-operation and support accorded her.
The. Council expressed to. Willa Omalt, reporter for the Blade-Tri-
Mayor’ McClellan reminded the Council of the invitation from the 0- ceansl.de Ci,ty Council to meet with them their chambers at 12:OO noon on Wednesday, Uaroh 3rd, to discuss with them the consolidation issue prior h thefr special meeting called to consider giving approval to the circu- lation of petitions to consolidate Carlsbad and Oceanside. He passed to the member copies of a tentative statement which he had prepared, asking that approval be not given on the basis that it should be eonsidered an internal matter, to be studied and worked out in Carlsbad. All members were asked to attend the meeting if possible.
There being no further business to come before the Council,, Cmn, Castorena moved.for adjournment, seconded by Cmn, Chase. All ayes, meet- ing adjo.urned at 9:15 P. M.
Respectfully submitted,
GV 4& DW&AG!i&ii+p ty . Clerk
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