HomeMy WebLinkAbout1954-07-06; City Council; Minutesx4 ace on the police cars were deleted (to be covered in the City Administra- tive Offioe budget), leaving a total in the Police Department -budget ‘of $30,790.00. Cmn. Castorena reported that wfthln.a month it will be neces- sary to change to FM equipment, as Oceanside. is going to FIL
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The City AdministratiGe Office budget was discussed. On the item of a part-time secretary, it was decided to reduce the sals-ry to $1200.00. St was also recommended that $600.00 be taken from’the Sanitary Fund to . purchase files, etc., and the $300.00 item for this purpose was according- ly eliminated. The “Heat and Light?’ item was increased to @+OO.OO to allow for increased use when the nsw fire and police building is occupied. The donation for the Traffic Safety Council-was discussed at length, some $eel- ing that it should be reduced .to $50.00 and others. feeling that at leas€ $75.00 sho:;ild be allowed. It was decided to cut the item to $75.00, leavc
i’ng a balance in the City Office budget of, $16,245.00;
. It was agreed that a $500.00 contingency fund be set up in’the’..bucl- get.
After further discussion on the possibility of 3.evging.a city, sales tax, Cm. Sutton moved that the City Attorney be ‘instructed to, prepare for the consideration of the Council at its July 6th meeting., an ordinance Dsovidirng for the levying of a sales tax of 3 of 1%. Seconded by Cmn. Gelton. All ayes, motion carried..
After a short discussion on the matter of constructing the fire and police station, Can. Helton moved that Mr. Anthony be authorized to adver- tise for bids on the proposed fire and police station,,including an alter- nate bid providing for a shell for the future jail, to be used temporar- ily as City office; bids to be opened July 20th. Seconded by C-m. ‘Ede.
All ages, motion carried.
The City Clerk was requested to instruct the City Attorney to draw up contracts and resolutions- on all salaried employees,
The matter of expiring policies of‘ insurance was. brought up, and the City Clerk was requested to see that coverage was arranged for.
There being no further business to come before the Council, the-meet- ing was declared ad jouned at 11:10 P. EI.
.. Respectf ulLy submitted,
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r”; IJITTITUTES OF IlF33TI:NG OF CARLSBAD. CITY COUNCIL
July 6th, 195.4
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1de.eting was called to order by il4ago.r McClellan at 7:05 P. 18. Present i besides the Kayor were Councilmen Castorena, Ede,.Belton, Sutton, City Clerk Ewald, City Attorney Smith, Public Works Director Anthony.
Reading of the minutes of the meeting of‘ June 22nd and the adjourned meeting of June 29th was deferred until later in the meeting.
The ~ City Clerk read the following corres2ondence;
Letter from Claud Fennel advising that coverage had been arranged by his office for f.ire protection in the arnount of $1200.00 on the buildings of the Sanitary District until July 22, 1954. Also, that; the expiring pol- icy for.Comprehensive Bodily Injury and Property Damage has been covered until renewal. The City Clerk was requested to notify Mr. Fennel to con-. tinue these two poli,cies.
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42 Letter from the League of California Cities recomending,that solici- tation by the Southwest & Central Uunicipa1.Improvement Association of Louisiana for funds to support passage of a bill to provide federal- asis- tame to cities of less than 10,000 population for construction of water, sewerage or gas systems be disregarded and aavocating %hat if it is desir- ed to take any action,..to wjciSe direct to Washington D. C, Cmn. Helton, to whom the matter had,been prevlously referred for study, recommended tha no action be taken, and the lette'r was. ordered: filed,
Letter from the. League.of California Cities announcing the '56th annu- al conference of the League of California Cities on October 17th to 20th, at the Biltmore Hotel in Los-Angeles. No action.
Letter from Mr. and Mrs,-Me-lvin LuU, 3981 Garfield Street, asking refund of ,payment of their sewer bond, since they are unable to use the sewer on account of lack of fall. Cmn, Helton stated that Ur. Lull had., talked to him regarding this deal and showed him. a letter received from Mr. Bgrl Phelps claiming that he could connect to the sewer, Mr. Anthony stated that the ordinany soil line, if properly installed on a $w per foot fall, would'allow connection to the sewer. Re stated ,that Anderson & Rob- inson had advised that 'the situation could be corrected for a cost of ap- proximately $1400,00 .or $1500.00, The City Attorney was asked whether suc a fefund could legally be made and explained that the City of Carlsbad is obliged to make the collections, but, once the bond is .paid, it is out of the hands of' the city: however, that General funds could undoubtedly be used for this purpose. Cmn, Sutton moved that the matter be referred to the Director of Public Works. There was.no second. He then moved that the bond payment be not refunded to Mr. and Hrs. Lull for the reason that inasmuch as the City did not receive the money, they cannot, woithout fur- ther .legal opinion, refund the payment; and inasmtich as the sewer is avail .able for their use if the connection is properly made. There was no se- cond, .It was generally agreed that any refund would have to be made out of ,the General Fund. After a lengthy discussion, Cmn, Ede moved that the request of the Lu,lls be denied, and that a complete report be sent them giving all the details as set .forth by Mr. Anthony and the plumbers, And- erson & Robinson, as to the possibility, of. hooking onto the sewer; aPeo that the, City does not have jurisdiction of the funds, which have been paid in, and that the refund would have to be made out of City funds, wh3ch .does not seem appropriate. Sedonded by Cmn. Sutton.. All ayes, mo- tion carried,
City Clerk Ewald reviewed the recommendation from the Planning Com- mission that the application of Alton A. and Margaret Q, Gladden foo re- classification from Zone 'fi-3 to Zone C-1 of property described as a por- tion of Tract 99, Carlsbad Lands, located. on. the south side of Oak avenue between Lincoln Street and the Atcheson, Topeka & Santa Fe Railroad right-
sion,. was present and -was asked whether this fitted into the over-all plar:
. and stated that he believed that the entire area down to Washington Street shouzd be zoned C-1. After discussion, Cmn. Ede moved that the.City Atto1 neg be instructed to draft an..ordinance reclassifying the Gladden proper- ty from R-3 to C-1, in accordance with. the recommendation of the Planning Conhission. Seconded by Cmn. Helotn. All ayes, motion carried,
Letter from the San Diego Gas & Electric Company making specific recommendations as to boundaries of a proposed Lighting Maintenance Dis- trict, extending roughly from .the ocean to the Freeway and from Buena Vis- ta Lagoon to Agua Hedionda lagoon, and attaching a map'indicating the proposed' installations, and also a slhedule of estimated monthly costs of approximately $563.20, Mr.. Weir and Nr. Kimball from the San' Diego
GaB 8c Electric Company were present and were asked about the possibility of securing a map to be printed in the newspaper for public information,
kf??8 Kimball stated-that the map could be reproduced in slightly different form, using symbols instead of colors, and that they would be happy to do
this in a form th.e paper could use, He explained that assessment under a lighting district is an individual process all the way through, based on true benefit per front foot. He also elirplained that the street light ,rates are on a flat rate basis, which includes installati'on, energy used, and maintenance. Inasmuch as the proposed district coincides rather close lg with the present sewer district, the suggestion was made that .if pos-
L sible, the boundaries of the proposed lighting district be made the 'same as those of the sewer district to avoid setting up too many code areas. Mr. Kirnball stated that their recommendations are comparable to the type of lighting that is standard in bther communities in the County. The possibility of ;j.oining with the Terramar Lighting District in the inter- ests of economy was discussed but Mr. Eimball stated that the breaking - point in the cost occurs at 1000 lights. He stated that if the Council
. of way, be approved. Corn, Gronseth, representing the Planning Commis-
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wished to ,modify the proposai in any way, for instance it might be desire( to give Eli Avenue heavier treatment, suggestions should be made, Mayor BiIcClellan stated that he felt at least two weeks should be-allowed to get public reaction. The Cit.y Attorney outlined the procedure for initiating a Lighting District,
Letter from Gallinger Corporation asking that the City order certaiin street signs to be placed in Carlsbad Estates, for which the Gallinger Corporation'would pay, ekther in advance or after delivery. Cmn. Ede moved that the City Clerk, in connection witB the Public Works Directqr, order the proper signs for the Gallinger Corporation. Seconded by Can. Sutton. All ayes, motion .carried.
Mr.. Melvin Lull appeared in support of his letter .to the Council ask= ing refund of payment on his sewer bond, and was advised that action hati been taken on the matter before his appearance, which action was rev2ewed for his information. He stated that three different surveys haa been made and that they had been advised by Mr. Phelps that.he would arrange a special'permit which would. allow a connection to be made at the rate of 1/8* per foot fall, but that he ,did not do so. He .also stated that it be= came necessary for them to.have another cesspool dug, for which they had to have permission from the County He.al.th Department sice the property abuts the sewer. Re stated that when the line below is installed, they will hook on, but meantime he does not feel that he should have money in- vested in the line in front, which he cannot use, It was suggested that the matter might be discussed.later during recess.
A group of Terramar citizens- was present to learn what progress had , been made toward setting up a conference with officials of the San Diego Gas & Electric Company to discuss their beach eros'ion problem resulting from the Gas Company's dredging operations. Mr. Anthony stated that the City Clerk had made numerous attempts to set up this conference but. had been, unable to get hold- of any official who could be of help in the matte] City Clerk Ewald stated that he had finally conkacted Nr. Owen, who had stated that as soon as1 Kr. Leeds, their engineer, had recovered from an illness, the matter would be given thorough study, h4rs. Clark suggested that the City of Carlabad w~ite the Gas Company-a letter, addressed to the present, supporting the position of the group. They were assured -that further efforts will be made to arrange such a conference.
George Kraft appeared before the Council with a proposal that he . would pay the City $k50eO0 per month for a franchise to collect garbage and rubbish in the City. He stated, that he had worked up a route of about 500 customers and would like to be protected by a franchise. He was as- sured that his proposal would be given consideration when the time comes,
but that the City Attorney would have to give the matter of a proper fran- chise study.
After a 15-ninute recess, the council was reconvened at 9:lO P. M.
City Clerk Ewald read the following recommendations of the Planning
(I) That the request of Ramon Yrineo for variance to permit reduc-
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tion in rear yard setback from 25 feet to 15 feet on progerty described as Lots 11 and 12, Block 47, Carlsbad Townsite, located at 3130 Madison Street, be approved. There wme no protests, written or oral,, and Nr. Yrineo was present in support of his request. Cmn, Castorena moved that the recommendation of the Planhing Commission be accepted and the variance granted as requested. Seconded by Cmn, Helotn. All ayes,, motion carried.
(2) That the request of Helen Kiethe, et al, for reclassification , from R-3 and C-1 to C-2 of the 'area bounded on the north by the first al- ley south.of Elm Avenue and the north property line of Lot 21, Block 33, Carlsbad townsite; on the east, by the west side of Roosevelt Street; on the south by the north side of Oak Avenue; and the west by the center- line of the Atchison, Topeka & Santa Fe Railroad righbof-way be granted. There were no written or oral protests. Cmn. Ede moved that the reoom- mendation of the ,Planning Commission be accepted and a hearing set on the petition for reclassification submitted by Helen Klethe, et al, on July 20th, 1954, at 7:30 P.M. Seconded by Cmn. Sutton. All ayes, motion. carri
(3:) That the request of Roger A. Dawson, James D, Dawson and Mildred D. Dawson for variance to permit reduction in north and south side yard setback from 10 feet to 5 feet, on property described as a portion of,Lot 25, Patterson's Addition, located at 3218 Highland Drive in an R-1 Zone, be granted. There were no oral or written protests. Cmn. Ede'moved that the recommendation of the Planning Commission be accepted, and the request
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of Roger Dawson et a1 for variance be. granted as applied for. Seconded
by Cmn. Castorena,, All ayes, motion carried,
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(&) That use of City property for placing of advertising signs, as in the case of the Sampson Advertising Company sign on the site of the sev age disposal plant, be covered by, a special use permit; and, further, thal City property be considered in the same category as private property in tl respect, and that anyone making application for use of City property not specifica1l.y permitted by .existing regulations shall make application for a special use permit. The matter was discussed at length, after which Cmr Ede moved that the Sampson Advertising Company be notified that the sign is there on .a ternpcjrary month-to-month basis pending construction of the sewage plant, for which a charge of $5.00 per month will .be made, and that they will be given thirty days'notice for removal before construction of the sewage plant, le&whiek-a-ebePge-eP $ begins. Seconded by Cmn. Cast01 ena. Ear. C. N, Johnstone commented that the Carlsbad Hotel sign, current-
ly on the board, is an asset to the City because of the very name VarlsbE appearing on it, and that it should be allowed to remain free of' charge, E the advertising is worth more than $5.00 per month, Nr. Claud Fennel sug- gested that the hotel should be given whatever help possible, and that mal ter be, deferred for three months it it can properly be done. Vote on the motion: four ayes, one. nay (Sutton), rnoti0.n carried.
The matter of requiring curbs along Carlsbad Blvd., in Terramar Unit #4 was discussed, The. City Attorney stated that the' Division of Highways had not as yet answered a letter he wrote, posing the question of whether the City could properly require curbs on the State-controlled.highwap, He fruther stated that he had asked his associate, Paul Swissky, to with- draw from any furkher representation.in the Cannon subdivislon .matter, Corn.- Baumgartner of the Planning.Commission stated that Mr. Freeland of Freeland, Peterson & Evenson was present at the Planning 'Commission meeting a.nd had stated that hey .had had no intention of putting curbs on the highway, as it was necessary to obtain permission from, the State and it wasn't done normally, that in his opinion a curb there was not partic- ularly safe and'he doubted that the State would okay it, Corn. Gronseth also gave the CommissionTs views on the matter. Mayor BtlcClellan stated he believed it would be a courtesy to indicate the attitude of the Counci: on the map, subject to the written opinion of the City Attorney, -Cmn, SUI ton suggested that Mr. Cannon be notified that the Council concurs in its general thinking with the Planning CommisSion, and will give him a defin- ite answer as soon as a definite opinion is received from Mr. Beuthel of the Division of Highways and the City Attorney has rendered an off%cial poinion. The Nayor suggested that each member try to get into the City 03 fike prior to the next meeting and go over the opinion individually and bt prepared to take action at the next meeting.
City ,Clerk Ewald stated that the life guard had reported a to%al of
3000 people using the beach, from the hotel down to the lagoon on Eonday, July 5th; that he had three volunteers and was setting up a training pro- gram; that he now has a phone, good equipment, and is very happy.
Cmn. Castorena reported that the Fire Chief' had requested that the City Attorney prepare a type of release of liability for the City; that the department is receiving a number of calls to burn off lots.and he fee: t.his protection is necessary, He reported that there were only two fire calls during June.
The City Clerk read the Police Department report for June, 1954, as follows :
arrests . . . . 9 accidents . . . . . . 8 traffic citations . . 68 general cases . . . . 69
City Clerk Ewald reported that there will be a meeting of the Harbor Committee tomorrow night with the City Attorney, checking over the propose lease with the San Diego Gas & Electric Corhpany. He reported that a let- tgr ,had been reeelxed from Nis. Norman, chairman of the Southern Californie Citizens' Advisory Committee to the Joint Interim Committee, advising thai Mr. Stuart Walsh will be in Los Angeles on July 9th and loth,. and that he had talked to him by phone this morning and set up a meeting her on Frida: the 9th, at the hotel, at 5:OO P. Mi, for a tour of the harbor by dagl5@ followed by a .dinner meeting at 7:OO P. M.
The Fire Prevention Code Committee chairman was asked to request the Chamber of Commerce and the Planning Commission to appoint representativei
to the .committee,
!82 The City Clerk reviewed the letter from Oscar Cross requesting that he be permitted to change the.lettering on his ca'bs to read "OSCAR'S CAB COMPANY OF OCEANSIDE AND CARLSBAD?'. The matter was discussed and the Chief of Police asked whether he foresees any difficulty if the request is granted. He stated he had hQd a contact with one driver who had state he was only the relief man of the day, and that it would be necessary for the Department to increase its vigilance to guard against unlicensed cabs or drivers operating in Carlsbad. He- stated that it would appear that they had changed at least some of the cabs,. Cmn. Ede moved that the City Clerk communicate with Mr. Cross and notify him that he must make proper application to the-'City Council stating the number of cabs to be licensed what he intends to do, and also notify him that the present letter and color scheme are illegal because .the proper steps have not been taken. S8COnded by Cmn. Helton. Four ayes, one nay (Sritton) motion carried.
Proposed Ordinance #!lOO9, amending Ordinance #l005, providing for the deletion of .the requirement. for a bond for-the .Chief of Police, was summarized.. Cmn. Castorena moved that first reading of proposed Ordinanm #lo09 be waived, and that such waiver constitute .first reading. Seconded by Cm. Sutton. All ayes, motion carried.. '
Proposdd Ordinance #6016 amending Ordinance #6015, providing for car( rooms to remain open until the hour of '2:OO A. N., was summarized. Cmn. Sutton moved that firat reading of proposed Ordinance $44016 be waived, an( that such waiver constitute first readi.ng. Seconded by Cmn, Castarena. All ayes, motion carried.
Cmn. Sutton moved that the Council take action toward the acquisi- tion of the County Road ,Station site so that the purchase could be includ- ed by the County in their current budget; offering them #5000,00, payable 1% monthly with no interest, under a lease contract, to be transferred at the end of approximately eight years. Seconded by Cmn.. Ede. It was suggested that the agreement provide that if the City,so desires, it may pay off' the property earlier. All ayes,-motion carrie,d.
Mayor McClellan suggested that a letter be sent the Division of Highways asking what is the,latest date at which the special census mag be taken so that the figures may be inc1ude.d' in next year's allocation estimate. City Clerk Ewald was asked to do so.
Cmn. Sutton stated he had'seen Blzr. regarding the a's- sessed valuation of Carlsbad and was advised that the figures should be available within the next two weeks, or about the middle of July; and that the public utilities valuation, which is set by the Board of Equa.lization, should be availabze early in Augusls as'the Board meets the first week in August. He urged that the Council keep the budget in abeyance as long as possible, in the hope that wihhin thirty days these figures will be in.
Cmn, Sutton moved that the City Attorney be instructed to prepare a renewal of the contract with Joe Apodaca for the fiscal year.beginaing July 1, 19-54, on the existing terms, and that the proper City officials be' authorized to execute the contract. Seconded by Cm. Castorena. All ayes, motion carried,
Cmn.. Ede moved that the City Attorney be instructed to draw up reso- lutions fixing .the -salary of the City Administrator as set forth in the tentative budget, the salary of the secretary and that of the part-time secretary,as set forth in the tentative budget, the salary of the Disec- tor of Public Works as set for&& and the City Attorney's retainer as contained in the.budget; and that the Council adopt that poEtion of the budget covering such items. Seconded by Cmn. Helton. All ayes, motion carried .
any comment on the proposed City sales tax, and several members stated. I that they had had. both favorable and unfavorable reaction. After sQme discussion, it was agreed that an adjouned session will be held next Tuesday, July 13, at 7:OO P. Rd. for the purpose of holding a hearing on
. the City sales tax question, and the papers were asked to give publicity to the subject for the information of the public.
Mayor McClellan asked the Council members whether they had received
Cmn. Ede moved that the item of $720.00 for beach clean-up as set out in the tentative budget be approved. Seconded by cmn. Helton. All ayes, motion carried,
It was brought out $hat, although the Council had approved the Leo Williams contract for construction of sewer laterals, the aigna%ures.of . '
proper officials had not been authorized. 'Cmn, Sutton moved the' authoriz-
2.8 ation of the ,necessary signatures on the Leo Williams contract. Seconded by cmn. Helton. All ayes, motion carried.
Cmn. Sutton brought up the question of printing of maps on zone chane
The Council took note that the contract with 'the Carlsbad Journal for printing had expired, and Cmn. Ede moved that the City Attorney be instructed to draw up a contract with the Carlsbad Tourna-l on the same bae is and terms as the one previously in affect, and authorizing the signa- tures of the proper City officials. Seconded by Cmn. Sutton. All ayes, motion carried,
which was brieTly discussed but no action was taken,
The proposed franchise with the Oceanside Transportion Company was again'diacussed briefly and the City Clerk was asked to check with the
. City Attorney as to progress in the matter.
There being no further business to come before the Council, Cmn, Sutton moved, seconded by CLm. Helton, for adjournment to July 13th at 7:OO P. M. AlJ. ayes, meeting adjourned at 11:lO P. 14.
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I. 'i' ,Respectf,ully submitted,
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MIWTES OF ADJOURNED NEETING OF CARLSBAD CITY cowcrz
5. .'. July 13, 1954
Meeting called to order by BIayor McClellan.at 7:OO P, M. Present besides the Xayor were Cmn, Castorena, Ede, Sutton, Helton, C2ty Clerk Ewald, Public Works Director Anthony, City Attorney Smith, Police Chief Palkowbki
Xayor McCleflan asked Cmn. Ede to begin the budget discussion, Re- vised copies of' the budget were passed to. members. Crnn. Ede pointed out changes from the previous draft of the budget, and summarized the figures, stating tha, based on a. 73 million dollar valuation, it would be possibls to just get by with a $1.00 tax rate, without imposing 2 City sales tax. It was the opinion of most members that the 73 million figure was conser- vative .
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The Mayor asked whether anyone present wished to comrnent on the City
' sales tax proposal. Louis V. Dyche stated he felt that the small amount of money that could be collected by such a tax would not justify the amour: of ill will it will generate. He stated he had contacted several people and had had one favorable reaction. He also stated he felt the Co.uncil might be over-spending, questioning the wisdom of adding another police officer to the staff, and recommended that the budget be trimed to aUcy for a slush fund, rather than attempting to r.aise the present figure by instituting a City Sales tax. He was informed that a $5,000,00 contingen- cy fund had been included in the budget, Copies of the proposed budget were passed to spectators.
Mayor McClellan asked the Council members what sort of reaction they had had from citizens 'and the various members stated that. they had had son favorable and some unfavorable comment, but that most felt it to be a fail er tax than taxing property only,
Cmn. ,Castorena gave a breakdown on how, the tax would run, figuring 3$$ to include both State and City tax, stating that .the breaking point on the 35% tax would be just below that of' the present 3% tax,
Mayor hfcClellan explained to the spectators the amount of time spent on the budget in~an effort to pare it down to what is considered the esse1 tials, and stated the problem is whether to levy the maximum $1.00 tax', or initiate a City sales tax. He further stated that there is a great possibility that the next legislature will enact an increased sales tax, 3;% or 476, which the merchant would make in one payment and the Board of' Equalization would remit either the &$ OP. 1% to the City which it was collected. Cmn, Ede, projecting the figures to possible 86. million dollar