Loading...
HomeMy WebLinkAbout1954-09-07; City Council; Minutest s A discussion was held on the Terramar Lighting District payments. Suttor move'd, Cmn. Ca.storena seconded, that the Council collect money from the Terramar Distr:lct to cover the cost of lighting and necessary construc- tion in Terramar, on a per lot basis. All ayes, no nays,. EoCion carried 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 glm 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 nortk side of Oak Avenue; and on the west by the center-line of the Atchison, Topeka, & Santa Fe Railroad right-of-way. Cmn. Castorena moved the adop- tion of Ordinance #9034, seconded by Cmn. Helton. Four 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. Cmn. Helton seconded, All ayes, no nays. Notion carried. I Second reading was given Ordinance #3012, amending Ordinance #3005, and permitting diagonal parking on Carlsbad. Blvd. between Grand & Elm avenues. Cmn. Helton moved the adoption of Ordinance #3012. Cmn. Sut- ton seconded. 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 bJV' '"' Carlsbad. Each bench to carry a five dollar .($5) "annual fee, based on "4 a calendar year, or fifty cents (5O$) for any,monthly period, and that 23 e$ q City as eo-insured. A copy of said policy shall be placed in the ,hands e3 of' the City Clerk. Each prospective advertiser shall asply for special in each case, public liability insurance shall be furnished naming the use permit. Permits for said benches shall have the a2proval of' the Planning Commission and City Administrator; also said benches shall be constructed according to restrictions of a special use permit, and shall be approved by the Public Works Director. Seconded by. Cmn. Castorena. AI1 ayes, no nays. Motion carried. City Attorney S&mith reporting on annexation protestants in North I Carlsbad, ,stated that he had had a talk with the Oceanside City Attorney, He said that in his opinion, the City of Cazlsbad had nothing to do with the annexation, as it is a private matter between 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 Oceanside, our answer can then be given. The contract with the Carlsbad Journal, agreeing to publish all ad- vertising and notices in the Journal was suramarized. The Journal will charge one dollar and fifty cents ($1.50) per column inch for this legal advertising. This agreement can be terminated by either party, by de- livering a written. notice of intention to terminate this agreement, to the other party, thirty days prior to the date of intended temination. ,Cm. Sutton moved the authorization of the poper signatures to the new contr.act with the Carlsbad Journal, on their terms. Cmn. Helton secondet All ayes, no nays. Notion carried. There being no further business to cone before the Council, Cmn. Sutton moved for adjournment. Seconded by Cm. Castorena. All ayes, meeting adjourned at 11:35 2. i'h. .T Respectfully submitted, I gv X. 0. EWALD, City Clerk """"""""""""""""""""""""""-""""""""" K KINCTTES OF KEETING CIF CARL~BAD CITY COUNCIL September 7, 19-54 . . IvIeeting called to order at 7:05 P. 16. by Idayor 1.i~cClellan. Present besides the Mayor were Councilmen Castorena, Ede, Xelton, Sutton, City Clerk Ewald and Public Xorks Director Anthony, City Attorney Smith, and Chief of' Police %lkOvJSki . The City CLerk read the following correspondence: 4). Letter from Parent-Teachers' Association commending the Council on the beach control and life guard servic-e during the summer. Referred to the Parks, Recreation, Beach and Tree Comission. Letter from the State of California, Depa,rtment of Public Works,, relinquishing portion of State Highway (portion of former Vista ?lay) attaching certified copy of vote of the.State Commission. No action re- quired. Letter fr'om American 3ight-of-Way Association announcing dinner meeting on Thursday, Septembe.r 23rd, at 7:30 P. M. at the San "iego Club. Filed withou2 action. Letter from the County of San diego,-Office of the County Treas- urer, advising that the Treasurer's office could not .legally make col- lection of the Sanitary District bonds, quoting fr.om an opinion from the Co'unty Counsel.. Wo action, Copy of letter from the County of San uiego, Board, of Supervisors, to County Purchasing Agent, directing his to take ,Groper steps to com- plete transfer of the former County Road Station' to the City of Carlsbad for $300.00. The Kayor reminded the Council that the iater stock should also be transferred. Cmn. Sutton suggested that the $300.00 be paid as soon as possible in order to expedite natters, and so mved. Seconded by Cmn. 9de. All ages, motion carried. The City Clerk was requested to prepare a letter for enclosure of the check. Letter from the County of San uieg6 (J. 9. Lack) advising that a program is in progress for proper signing of inland roads. Xayor "ilc Clellan suggested that contents af the letter be communicated to the Chamber of Coimerce,, who originated the suggestion. ?Police report for modth of AugGst, 1954, as follows: ,Arrests . . . . . . . ... . . . 7 Accidents . . . . . . . . . 3 Traffic CitBtions . . . . . . 97 General Cases . . . . . . . 71 Memorandum from 'C. A. Anthony regarding conversion of building at 3481 Garfield to a dwelling, giving a history of the improvement, etc. Present on behalf of their petition to have the building declared illegal were Krs. Fred Hutflesz and Roger Eutflesz. Kr. Richard Csburn, owner, and Br. Virgil Hoover, we2e also present. B4r. Osburn submitted letters signed by Krs. Annie Uilson, former or,j!ner of the poperty, T,Jr. Paul Parker, 620 Tamarack, and Lr. Anthony Kadeiros, 292 Acacia, stat- ing that the building had been occu-oied as a dwelling, while Krs. gut- flesz stated that she had lived next door formany years and believed that DO one could have occupied the premises without her knowledge. She also stated that the Owner of the property had contacted her husband and asked to Furchase lo? feet from their lot to yovide the. ,nroper set- back for the building. It was decided.to await the City Attorney's ar- rival before further discussion, City Clerk Ewald reported that he had been advised by Krs. Felt, chairman of the Parks, Recreation, Beach and 'Tree Comnission, that Lrs. Garcia had declined the appointment to the Commission but that Kr. Joe Gastelum had reconsidered and was willing to serve. Sne reported that Kr. Jerry XcClellan ha'd been elected secretary of the Commission, and outlined plans for developaent and beauti,fication of the former County Road Station as a City Park, including a contest for which a prize of $5.00 would be awarded for the most suitable narr,e for the park, and al- . so slans for remodeling and addilrg to the building. Xr. Yestree, mernbgr of the Commission, stated that he and b. Anthony had inspected the, building and premises and taken dimensions of the house, etc. ; also 'that Kr. Mestree, by way of ascertaining -public feeling toward moving the Pi- brary to that location, had made eight calls which he felt were represent ative and found that six of those eight preferred a locstion such a's the rsresent one and opposed,having it on the east. side of the freeway. Cmn. Helton and lir. Anthony both stated that in'their opinion it would b? posS ble to fix up the building for a reasonable figure to serve as a lkbrary. Cmn. Ede stated he believed that it could serve as a library temporarily and that more books could be accomodated.. Nrs. Lena Sutton, former coun- cilwoman, stated that she would be in favor of exhausting every possibil- ity before moving the library farther out. She stated it was doubtful whether. the temporary school buildings which it was tho.ught.might he made available before July 1,'1355, according to word from the SCflbOl PrinciPl .. 1( 1 e: It was pointed out that last year. the. County library tax of 7# er $100,0( valuation produced $4500.00, .which.. w0.ul.d .increase this year to 8 6300.00; and that if %he City must. pay out $720,90..for rent (present rent).. plus utilities after the other City.offices.m~ve',_the cost of the library ser- vice now being received would.. be .#7 000,OO. .. Mrs. Sutton suggested that the 'possibility of renting the..prssent..fira.. s%tati.on as a library be check( I Mrs. Felt asked for clarification as to the jurisdiction Of the Park! Recxeation, Beach and Tree Commission, Mayor McClelLan read Section 8 of Ordinance #lo25 outlining the duties and responsibilities Of the COB- fission in regard to City parks and beaches and supervigion of expendi- tures therefor. Mayor McClellan offered for the approval of the Council the appoint- ment of Mr. Joe M, mstelum to the Parks, -Recreation, Beach, and Tree Commission for one year be approved. Seconded by Cmn. Castorem. All ayes, motion carried. Mr. Iestree reported that members of the Commission made a three- hour survey and came up with a total of 129 trees, largely eucalyptus, needing trimming .or removal, for which the budgeted amount of $1000.00 is insufficient.' He also brought up the matter of insurance coverage, ' and the Mayor commented he believed the City should require any contrac- tor bidding on the.work to produce evfd-ence that lie isladeqaately covered YJ by public liability, It was. dec.ided that the funds could be expended as .--i .soon as they are avai1abI.e. 22 ?.J " -4. e.? ~ -1 The letter from the Parent-Teachers? association was handed to Mrs. Felt for the Commission's information, 3 Cm. Sutton cornended .Mr. Anthony and Mr. Crom on the rapid pro- gress of the new fire and police station, City Attorney Smith arrived at 8:15 P, Id.. and ,discussion on the ,Hutflesz-Osborn matter was resumed. The nature of the occupancy of the building was discussed, whether it was primary dwelling use or auailiary or "boarding house1* use, but the City Attorney stated that the relevant fact'is whether the building was occupied at %he time of incorporation or during the period between date of inetorporation, when County ordi- nances became inoperative, and the time of adoption of City Ordinance #go05 on August 5, 1952. Mr. Osburn stated he had no intention of rent- ing 'the premises but wanted to live in it himself if he so desired. He was asked to furnish satisfactory evidence that the building was' occupied at the time of incorporation, and it was. agreed that action be deferred until such additional information could be furnished by Mr. Osbclrn. Cmn. Sutton pointed out that the Co.unci1 should make clear that if oc- cupancy is not proven, any use of the buiLding a's a dwelling will be pro- hibited. I Mr.' Stanley of Staniey & Associates Advertising Agency was present to protest being charged a permit fee to place advertising benches at bus stops in the City of Carlsbad. He pofnted out at length his many years of boosting Carlsbad in his advertising circulars ahd stated he felt that he was being unjustly treat'ed in the present instance. It was agreed to discuss the matter-furthe.r after recess. After a 15-minute recess, the .Cou.ncil was reconvened a-t 9:15 P. M, Mr. Stanle'y was advised that, inssmuch as an Ordinance covered bench ad= vertising is now in process of being drafted, no further Council action is indicated at this time, and that further questions mag be taken up with the City Clerk. I ' The City Attorney stated that he had received a proposed contract frm the telephone company regarding the private mobile communications system for the Police Department, and that he was satisfied with it with one exception, and that he would like to add an'addendum specify- ing the time service is commenced, .. : The. City Attorney was execused at 9:20 P. M. .I The matter of garbage collection was discussed, City Clerk Bwald read an excerpt from the minutes of July 20th instructing the City At- torney to draft an urgency ordinance covering garbage collection, Mr. &wage Kraft, Jr. was present and offered, in view of the $act that no month only, free of charge. He stated that he has a new pice of equip- ment which is more adequate than the old one. Cmn. Ede moved that Mr. . trash pick-up had been made this month, to clean up the city for this .. - Kraft's offer be a.ccepted with thanks.,. to make .a free rubbish collection .during the' month of September.. SecandeB. by.:Cmn. Castorena. The pa'pers were asked to give p.ublic.ity to. the..ma-ttsr.. AI1 ayes, motion carried. Mr. Anthony reported that gar&age is being dumped-in the alley be= tween State Street and the railaroad, between Grand and Elm Avenues. Mr. Anthony'was asked to make an effort to determine who is responsible for the dumping. .. had brought in copies of the proposed contract for.the communications systeni, which..had been gone over by the City Attorney. Mayor McC1ella.n explained that the contract is in the form of -a letter asking for the Council's approval. Cmn. Sutton,moved the adoption of a Resolution au- thorizing the eftecution by City officials of the 1etter.outlining the terms of i'nstallation of mobile communications system .by the Pacific Telephone & Telegraph Company, ,subject to clariffixtion of .the date of the beginning of the service.. Seconded by Cmn; Castorena. All ayes, motion carried. Chief Palkowski reported that Mr. Catron of the Telephone Company < Chief Palkowski reported' that two cars are now being run at night, ' one on €!-hour watch, 6 days per week, and one on 12-hour watch, 7 days per week. the police car, that sf Weseloh Chevrolet Company for a 1954 Olds 88 Rocket 2-dr. sedan, police-equipped, for a total cost. of #2382.;39., with an additional cost of $15.00 if special heavy duty -t-ransmission,. heavy. duty front and rear springs and heavy duty front seat.,assembly is de- ' sired; and providing a-flat charge of $15.00 additional if 90-d,ag pap ment terms are desired. The Chi.ef stated that for the $15.00 additional he would like to have the additional heavy duty equipment installed. After discussion, Cmn, Castorena moved the adoption of a resolution ac- cepting the bid of the Weseloh Chevrolet Company, wfth the additional , expenditure for extra heavy equipment, making a total cost of $2397'.39;. and that the City take,advantage of the 90-day payment at a flat charge-. of $15.00 extra. Seconded by Cmn. Helton, Five ayes, no nays, .none absent, resolution adopted. ,, The' City Clerk reported that there was only one I bid submitted for. , The minutes of August 24th were studied and several correctaons t made. '. ,It .was requested that they be re-typed and re-submitted. . ' . ' Mr. Anthony presented a map of conditions as' they now exist 'on .Elm Avenue between Carlsbad Boulevard and the Freeway, as prepared by Mr. Byrk Phelps. It was pointed out that it is possible .to have either a two-lame or a four-lane, but not a three-lane street, according to the regulations of the Division of Highways. There was discussion as to whether the trees could be saved by making a two-lane road, but it was decided %hat no decision could be made pending seceipt of the en- , I gineer's report. Letter from Byrl Phelps was read, regarding plane for the sewage 'disposal plant, giving estimates on installations and indicating total assessment to be raised as $39,295.00. The plans wese.examined and Mayor McClellan reminded the Council that the City would have to be in position to make the progress payments on the contract, and then seek reimbursement from the State for their half. The Mayor and Mr. Anthony both streesed the urgency of getting started on this matter, and the Mayor stated he would ask the City Attorney to give the Fatter top Pri- ority.. Mr. Anthony, reporting'on progress of the police and fire station, stated that a couple of the sub-contractors had expressed willingness to hold off on their hills until after the first of the year, and.he asked permission from the Council to go ahead with the 6813 block por- tion of the police wing, if he judges it can be done for an over-all cost of $19,000.00., omitting the plast.ering of the equipment room. He pointed out that it would be more economical to do this now than to break into the roof letter. Cmn. Cimtorena recommended that %his procedure be fol- lowed. Cmn. Ede moved that the Council authorize a continuation of the three waits and the roof of the cell block and close up the breezeway, roceeding with the construotion of the building up to a total -cost of 19,000.00, Seconded by Cmn. Helton. All ayes, motion carried. 8, Proposed UrgenOy Ordinance #1033, setting tax rate for the City of Carlsbad for the fiscal year 195401935, was read. 1% was noted that tax ordinances do not require the urgency clasue, as they aut,omaticallY become effective immediately. After discussion, Cmn. Castorena .. moved the 7 , adoption of Urgency Ordinance.#1053. . Seconded by Cmn. Ede. Five ayes, Proposed Ordinance #lo32 creating a Harbor Commission Was studied. Cmn. Sutton objected strongly to the wording of the Ordinance, stating it was his opinion that if such an ordfname were passed it would elim- inate the need for a City Council, Planning Commission and othere agen- cies. Mr..Ahthony Qtated’that the marine engineer, Mr. Patterson, stated that he would proceed without‘a contract upon the word of the Council to make a preliminary study of the harbor area. Mayor McClellan ‘suggested that it probably will be necessary to de- no nays, none absent, Ordinance adopted. vote almost ’an entire evening to a study of the financing of the sewage ’ . disposal plant‘and another to the discussion of the Harbor Commission !’ ordinance, and;.’after discussion, Thursday,. September 16th, was agreed upon for a conference session with the City Attorney on the sewage dis- posal plan matter.. It was decided to defer until later, the setting of a meeting. to consider the Harbor Commission Ordinance, City Clerk Ewald reported .that the dog control conhittee is’working - with the County of San Diego ’on en ordinance but has no report at this City Clerk Ewald reported that forms for %he sales tax’collection time. ’ are .kt the printe’rs, snd should be available the last of this week, .. .I p-? i: a Mayor McCle1lan.reported that the revision of the subdivision ordi- :,,;, The authorizatton of funds for an engineering survey of the har- e’ nance should be ready for the next meeting, u4 “4 bor was discussed, Can. Ede moved that the Council authorize the engi- neer to begin the survey on the harbor up to a cost of .$1000,00, if he will accept payment after the’first of the year. Seconded by Cmn. Hel- ton, Mayor McClellan stated he was going to vote’against the motion; that be was in favor of the idea but felt it is premature .and he favored deferr%ng.the expenditure of this money ilntil further discussion of the ,matter,. Tote on the motion: ay-es, Cmn. Castorena, Ede and. He’lton; nags, Cmn. .Sutton, Mayor McClellan, Three <ayes, two nays, none a’bsent, motion carried. Cmn. Sutton stated he believes it to be a misappropriation of funds to engineer private property when the City has not acquired any - legal control, Since this brought up the question of the legality of the expenditure, Cmn, Castorena moved that the City Attorney be requested to give a written opinion of ‘the legality of this propose4 expenditure for survey of the harbor, Seconded. by Cmn. Ede. All ages’, no nays, motion , carried. There being no further. business to come before. the Council, Cmn, Castorena moved for adjournment, seconded by Cmn. Eelton, All ages, meet ing adjourned at 11:05 P. Prl. v .I M.’ 0. EWALD, City Clerk ~“-~”L~””~~~~”””~”””””””~”~””””~””o””~”~o~~”””~ MINUTES OF MEETING OF CARLSBAD CITY C(Xl”2IL September 21, 1954 Meeting called to order at.7:12 P. M. by Mayor McClellan. Present ., ’ besides the Mayor were ‘Councilmen Castorem, Ede, Helton, Sutton, City Clerk Ewald, Public Works Director, City Attorney Smith, and Police Chief Palkowski , Consideration of the minutes of August 24th and those of September 7th was deferred until later in the meeting. City Clerk Ewald read the following correspondence: Letter from the Department of Commerce in reply to. a letter wri%ten to Mr. Nolder, indicating that taking of the census probably can be started the week.of October 18th, Stating that they will advise later the exact date’when a representa.tive can be in Carlsbad, Vtritten legal opinion Prom T, ‘Bruce Smith stating that the Counsil