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HomeMy WebLinkAbout1954-08-24; City Council; Minutes2 Cbllection fees on bonds were reduced to $125.-00 per month on the possibil- ity that collection may be made by the County, or by someone on the City st Cmn. Ede proposed the adoption of a revised tonight, the total anount to be amount to be raised. by tax of $69,541.63 tenance District, $5200.00; for Carlsbad for Terramar Lighting District, $621.50. no nays, none absent, resolution adopted resolution adoTting the budget as raised being $174,501.01, leaving a ; for Carlsbad Sanitary District Ma Sanitary District, $3,640.00, and Seconded by Cmn. E-Ielton. Five ay . OoPies of financial Statement Of July 31, 1954, were passed to Council imen. I The City Clerk was requested to order forms for the collection of the Appointments to the Parks, Recreation, Beach and Tree Co&ssi:on xvere city sales tax. further discussed, and the City Clerk was asked to write letters of appoint ment to Mrs. 'Wdt$ne Stuart and Xrs. Eddie Garcia . The printing contract with the Carlsbad Journal was further discussed. Nlk. BUZZ Garland was present and stated that both he and his brother felt Nthat !a they should have an increase in rate to $1.50, which is the rate charg @to the County. He stated they would go along with a rate of $1.00 for se- 9cond printing.. It was suggested that a contract be drawn providing for a drate of $1.50 per column inch for fist printing, and $1.00 for second print' eing, with extra copies to be provided at 5$ each. Cmn. Sutt.on moved that tl City Attorney be instructed to prepare a contract with the Carlsbad Journal providing for a rate of $1.50 per coltmn inch, and providing for terminatio: upon thirty days' notice by either party; and that said resolution authorizl the execution by the City officials of such contract. Seconded by Can. Ede All ayes, motion carried. PropoSed Urgency Ordinance. #3011, amending Ordinance #3005 requiring stop signs. at all railroad crossings, and further requiring stop signs on Pi0 Pic0 Drive at the intersection of Chestnut Avenue, was read. Cmn. Cas- torena moved the adoytion of Urgemy Ordinance #3011. Seconded by Cmn. Ede Proposed Ordinance #3012, amending Ordinance #3005 and permitting dia- gonal parking on Carlsbad Boulevard between Grand and Elm Avenues, was sum- marized. Cmn. Sutton moved that first reading of proposed Ordinance #3012 b,e waived, and that such waiver constitute first reading. Seconded by Cmn. Castbrena. All ayes, no nays, none absent, Ordinance adopted. The matter of naming a Rayor pro- tem to serve during Mayor XcClellan's absence .of the period August 13th to 21st, was discussed. Cmn. Sutton movet that Cmn. Manuel Castorena be designated .as Acting Eayor to serve during tht absence of Mayor I+Clellan Zrom the City. dturing the period August 13th to 21st. Seconded by Cmn. Ede. All ayes, motion carried. asking clarifidation of his contract with the City as to being entitled to charge the property owner for any permits required of him by the City. for 'sewer comections, street excavations, etc. The City Attorney was instructt to clakify this point with Ur. Williams. I .Five ayes, no nays, none absent, Ordinance adopted. A letter from Glen Feist, Attorney, written on behalf of Le.0 Williams, There being no further business to come before.the Council, Cmn. Cast01 ena moae'd for adjournment, seconded by Cmn. Helton. All ayes, meeting ad- jo'urned at 11:lO P. 22. Respectfully submitted, IT ev Li. 0 . ET.WLD, City Clerk """"""""""____________________"""""""""~"""""""-- x MINUTES OF ADJOURNED MEETING OF CAIiLSBAD CITY COUXCIL f August 24, 1954 Eeeting called to order at 7:05 P. Ed. by Eayor PJcClellan. Present besides the Mayor were Councilmen Castorena, Sutton, Helton, City Clerk Ewald, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkowski. Absent Cmn. Ede. 00 Cmn, Sutton moved, that pending correction on Page 6 of the August 10th minutes, from 60 days to 30 days, the minutes of August 3 and 10 be approved, Helton seconded. All ayes, no nays, Kotion carried. City Clerk Ewald read the following correspondence: Letter from County Auditor and Controller, certifying that the valuation of the taxable property in the City of Carlsbad, for the Fis- cal year 1954-1955 equalized by the local and State Soards of Equiliza- tion is as follows: Secured Roll (Locally Assessed) $6,469,630 State Assess Property (State Board of Equalization) 2 361 670 Total Secured Property m Unsecured Property Total Values (Locally Assessed) ~. , .\ 227' $50 i $- Letter from the Department of Commerce acknowledging the request for a special census and enclosing a check for forms and papers needed in this venture, City Clerk Ewald was instructed to keep in touch with the Department of Commerce and make all necessary arrangements. Correspondence from Karie E, Beck protesting the stray dogs in. her neighborhood and also the noises that roosters and ducks make i.n "densely populated areas of the Cityor' The City Clerk was 'instructed to write Mrs. Beck informing her'that the Council is forming a committe-e to solve the dog problem, and that the Council would make recommendations at a later date about the other two problems. A dog control committee consisting of Arnie Stringer, George Reece, Chief Palkowski, and City Clerk Ewald, with Arnie Stringer to act as Chairman, was appointed by the Council. They were asked to get together and make a recommendation of the City bouncil as to how the problem of stray dogs can be solved. I The Recommendation of the Planning Commission that property along , Carlsbad Blvd., which was previously taken by the State Highway Depart- 1 ment be reconveyed back to the property owners in order that interested owners may develop sidewalks, was discussed by the Counci;t. Action was deferred until later in the meeting. A 7: 30 hearing on the Yourell zone change was held. A memorandum from the Planning Commission was read by City Clerk Ewald recommending City Council approval for reclassification of property described as all of Cedar Hills Addition, located east of Olive Drive, north of sorest Avenue, be changed from E-2 to R-1. There were no protests written or oral and Mr. Fourell was present to support ,his request. During dis- cussion, the Mayor pointed ou5 that if both Yourell property and Cedar Hills Addition were reclassified, there would be an island left, After temporarily giving the chair to Cmn. Castorena', the Mayor moved that that application of Yourell, of rezoning of SHANGRILA included in Cedar Hills Addition be approved for reclassification to R-la and that the remainder of the area recommended for reclassification be referred back to the, Planning Commission for R-la reclassification and that the Commission look into the possibility of bringing additional area into R-la redlassi- fication. There was no second. Cmn. Sutton then moved that that portion of the SHANGRILA Tract, now E-2, should be rezoned R-la as in the re- commendation of the Planning commission and that the balance of the re- commendation of' the Planning Gomission be referred to them for further study of entire area for a more desirable zoning. Seconded by cmn. Helton. Xrs, Sutton, although she had no actual objection, was present ' and stated that she and other property owners in that area were wonder- 1 ing why the Planning Commission had not included their properties in the reqoning, She said that such piecemeal zoning was poor planning on the part of the Gomission. Corn. Baumgartner stated that piecemeal planning resulted because interested persons came one at a time and not as a pursuasive body, Due to the fact that a unanimous vote is necessary to ovverride the Planning Commission, a roll call vote was taken. vote on motion: four ayes, no nays. Kotion carried. It was pointed ovlt that the recommendation was unanimously passed by the Planning Commission. blr. Paul I'iagener, Virgil Hoover, and Ivirs. Gladys Barnes were presen t to support their request. hire %ggener acted as spokesman for the group and exp1aine.d to'.the City council, the improve- ment that would be rendered to the City of Carlsbad, .as Well as to the The discussion over the Carlsbad Boulevard side-walks was resumed. ." 1 I: -.,a, ;v i"s 23 e4 4 3 I Mayor McClellan stated that he felt that it would be impossible to grant this ten feet back to these land owners because the amount of traffic in the next few y.ears, especially if 'we get our boat harbor, would re- quire the highway to be widened and it was possible that they might need that 10 feet. He further stated that if these people wanted sidewalks, they should have the area. surveyed. Kr. 'Jaggener said that this would be impossible as they had neither the time nor the funds to have a sur- vey made. After discussion . Cmn. Sutton.moved, s'econded by Cmn. Helton, that the matter be referredo Mr. Anthony for a complete examination and detailed report, to be reviewed at the September 21st meeting. All ayes, no nays, motion carried. A memorandum .from the Planning comaission was read concerning the violation of operating a business in the wrong zone, by A. H. Glissman. The Commission reported that Kr. Glissman had been licensed to operate a moorage business at his address at 4509 Adams Street for two years. After discussion, Cmn. Castorena moved, Helton seconded, that the Plan- ning Commission recornendation conaerning the violation of zoning be ac- cepted and that the City Clerk refund money to Mr. Glissman for 1954 business license. All ayes, no nays. Motion carried. A petition signed by Fred A. and b. Delores Hutflesz recommending that the building on Lot 14, 3lock a9 .Palisades, bearing no number, be declared -unlawful and a public nnisance. The petition stated that the building has never been occupied or used for living purposes since the erection. It is impossible to use it 'for living purposes as: 1- It had no kitchen. 2- It had no bathroom. 3- It had no plumbing. 4- It, had no sewer or cesspool. These things are being installed at the present time. Public "Jorks Di- rector Anthony stated that he did not make an inspection of the place when plumbing permit was.issued, but after 1st inspection, he called owner in and told him that he would not give him a final inspection. Mr. Anthony further stated that they could do nothing about it until the people actually moved in. The matter was referred to the Public Works Director for a written report of the facts. He was also asked to in- vite the'Hutfleszes and Osbornes to the next meeting, so that the matter can be settled. A recommendation from the Planning Coamissim was read by the City Clerk,, concerning the Revision of Ordinance 9025, covering subdi- vision requirements as follows: Section IV-B-1. It is recommended that the requirement be changed from six copies of the tentative nap to 10 copies; and in Paragraph 3 of that Section, to add the Department of Public Realth to those receiving a copy of the tentative map. In the same section, a new paragra2h #7 is recommended, as follows: .. "The Department of Public FIealth shall set forth in writing, recommendations concerning drainage, water supply, sewage, and nuisance.Tr Addition of this paragraph aakes necessary rentmbering of the following paragraphs 7 to 10, as follows: Section IV-B-7 shall be Section IV-B-8 (Add T7Department of Public Health. )?? I Section IV-B-8 shall be Section IV-B-9 (Add ??Department of Public Health". 1 Section IT-B-9 shall be Section IV-B-10. Section V-C. Monuments. It is recommended that the se- cond sentence of this paragraph be deleted, beginning with the words, "Permanent monuments shall also be set,etc.n Section V-C-2. It is recommended that the last sentence of this paragraph .be deleted, beginning with the words - rrCopy of the original field notes of such survey, etc.?? . Section TII-A-4. Change to read - "Construct sidewalks, to of Public Xorks, except that sidewalks shall not be required . curbs and gutters of the size and type specified by the Direc- 2 '.- in R-1, R-lA, R-19 and E- zones. ?I Sutton moved that the matter be referred to the City Attorney for proper legal set-up and brought back to the Council for acceptance. Cmn, Helton seconded. A11 ayes, no nays. Eotion carried. The matter of .bench advertising was brought to the attention of the City Council by Corm. Baumgartner. He stated that Anderson & Robinson had put in a reque'st for advertisment on a downtown bench, but that the Comission could not act until the question of benches and advertising was settled.. It was agreed by the Council that a policy for .this matter was needed. It was pointed out that the City was losing revenue which they could get off bench advertising; that businesses were getting free advertising. City Clerk Ewald stated that both problems could be solved by Baking an agreement to tie the transportation system and bench adver- tising in together. Action was deferred until later in the meeting. After a 20-minute break, the neeting was reconvened at 9:30 I?. RI. Cmn. Sutton reported tha.t the sale of the former County road sta- tion on Pine Avenue for 300 dollars to the City of Carlsbad, has been approved. It was also reported that many clubs and orgahizations were interested in helping with Park plans. The Lions Club is trying. to pro- mote a swimming pool,. to be centrally located. City Citerk Ewald reported that he had r.eceived a telephone call, reporting that children had been throwing rocks and smashing doors and windows in the building at the park site. Cmn. Helton started discussior of converting dwelling into a library. Cnn. Castorena moved, Cmn. Heltor seconded, that Public Wo.rks Director Anthony, Cmn. Ede, and Helton make a study of the dwelling on the City park site to determine whether it will be possible to convert it. Vote on motion: all ayes, no nays. , Uo- ticn carried. Public Works Director Anthony reported on a letter he received from Byrl Phelps advising that plans for film Street are being prepared and . cross sections are completed. Chief Palkowski requested that the Council accept the proposed County Honor Camp agreement. Can. Castorena moved, Sutton seconded, that an agreement with the County of Sam L'iego be e'xecuted, and that ' the Eayor of the City be authorized to sign. All ayes, no nays. Eo- tion carried. The Chief .,I also noted 'that t'e City budget included transportation for the Public kdorks Director. 8 he matter had been discussed as to whe- ther it would be possible to trahsfer a Police Car to the Police Vvorks : Director and have the City buy a new piece of equipment for the Public Works Director and have the new equipment transferred to the Police De- partment. City Attorney Smith remindeii the council that bids must be asked. The Chief and Mr. Anthony both agreed that it would be a good saggestion as the Public Works Director needs a car very badly. . Crnn. Castorena moved that the City Attorney prepare bids in purchase of such equipment, to be published in the Carlsbad Journal. Seconded by Cmn. He1 ton. Chief Palkowski was commended for the fine work done by both him- self and the department in apprehending and convicting the criminal in the Schomp Case. Cmn. Castorena reported to the Council that George Xeese had been taking 'care of the traffic lights without charge. Cmn. Castorena moved, Cmn. Helton sebconded, to request the City Clerk to write a letter to Mr. Meese, thanking him for his service, to be signed by the Mayor. All ayes no nays, Kotion carried. City Clerk Ewald reported to the Council that he had received sev- eral calls from citizens about City trash collection. Re advised that the City trash collection has been.disco.ntinued as of 4ugust 31. A discussion was held on the tax rate for the coming year. Ouring the discussion, it WES pointed out that, mith a property valuation of 9,058,850 dollars, a tax rate of 76$ would be sufficient, to raise the budgeted amount, but a higher rate should be set to allow for delinquent taxes. After discussion, the Council established the City tax rate at 85$, plus the following: Sewer Bond Redemption 07 Sewer Maintenance 8, Operation .l5 I R discussion was held on the Terranar Lighting District payments. sutto. move'd, Cmn. Castorena seconded, that the Council collect money from the Terramar District to cover the cost of lighting and necessary construc- tion in Terramar, on a per lot basis. ~ll ayes, no nays,. Kokion carriel Second reading was given Ordinance #9034, rezoning from C-1 to C-2 the area bounded on the north by the first alley south of biz Avenue and the north property line of Lot 21, Slock 33, Carlsbad Townsite; on the east, by the west side of Roosevelt Street; on the south by the nortl side of Oak Avenue; and on the west by tile center-line of the Atchison, Topeka, & Santa Fe Railroad right-of-way. Cmn. Castorena moved the adop, tion of Ordinance #9034, seconded by Cmn. Relton. Pour ayes, no nays. Ordinance adopted. Cmn. Sutton moved that the portion of Atchison, To- peka, & Santa Fe right-of-way not covered by the reclassification, be referred back to the Commission for consideration. Cnm. Helton seconded All ayes, no nays. Edotion carried. Second reading was given Ordinance #3012, amending Ordinance #3005, and permitting diagonal parking on Carlsbad. Blvd. between Grand & Elm avenues. Cmn. Helton noved the adoption of Grdinance $43012. Cnn. Sut- ton 8ec.onded. All. ayes, no nays. Ordinance adopted. Cmn. Sutton moved that the City Attorney be instructed to draw up an Ordinance covering all public advertising on benches in the City of :...;.I Carlsbad. Each bench to carry a five dollar .($5) annual fee, based on ... . ..I. , in each case, public liability insurance shall be furnished naming the .,,:-: City as co-insured. A copy of said policy shall be placed in the ,hands ...- 2 -4 . a calendar gear, or fifty cents (5O$) for any,monthly period, and that $J .? of the City clerk. Each prospective adv,ertiser shall a?@y for special ;. ,J I ", use permit. Permits for-said benches shall have the a2groval 02 the Planning Commission and City Administrator; also said benches shall be constructed acc0rdin.g to restrictions of a special use permit, and shall be approved by the Public Xorks Director. Seconded by Cmn. Castorena. All ayes, no nays. Motion carried. City Attorney Smith reporting' on annexation protestants in North Carlsbad, stated that he had had 8 talk with the Oceanside City Attorney 9e said that in his oginion, the City of CaYlS'md had nothing to do x:ith the annexation, as it is a private matter betvJeen the City of Oceanside and the protestants. He said, however, that if a request is made to the City of Carlsbad, for consent to annex property to the City of'0ceanside our answer can then be given. The contract with the Carlsbad Journal, agreeing to publish all ad- vertising and notices in the Journal vas surmarized., The Journal will charge one dollar and fifty cents ($1.50) per co1u;nn inch for this legal advertisins. This agreement can be terminated by either party, by de- livering a written notice 3f intention t'o terminate this agreement, to the other partg, thirty days prior to the date of intended termination. , Cmn. Sutton moved the authorization of the ?roper signatures to the new contract with the Carlsbad Journal, on their terms. Can. Helton seconde All ayes, no nays. Xotion carried. There beinz no further business to come before the Council, Cmn. Sutton moved for adjournment. Seconded by Cmn. Castorena. All ayes, meeting adjmrned at 11: 35 2. X. 2espectfully submitted, gV 52. 0 . &yy[i\JJ , City Clerk """""""""""""""""""""""""""""""-"""" I:IBR-JTE.3 GI? l<r-TING (jF CASLSBBD CITY COvNCIL - SeDtember 7, 19.54 Keeting called to order at 7:05 P. X. by Layor ElcClellan. ?resent besides the Kayor were Councilmen Castorena, Ede, Eelton, Sutton, City Clerk Ewald and Pui;lbc '::arks Director Anthony, City Attorney Smith, and Chief. of Police Palkovski. "- The City Clerk read the following, correspondence: