Loading...
HomeMy WebLinkAbout1954-10-05; City Council; Minutesi. 2 their property. The letter was signed..by 11 property-owners, .and Mr. 0, C. ‘Jeffers, 155 Chinquapin,. was..pre-sent..in ‘behalf of the group. He was shown a map of the proposed district, ‘wi%h the explanation that the engineer had been instructed to e.xc.lude those owners who candot benefit by it, Mr. Jeffers studied the map and expressed satisfaction and ap- proval of the district as delineated, He was also advised that any ad- ditional lots to come into the district later would be ‘charged a flat fee as .their proportionate share, and it was explained that the thinking of the Council is toward; a- general obligation bond issue, to be voted by the voters of the district itself. City Clerk Ewald reported that the City owns .52 share of water stock for the sanitary plant, which is inadequate for water consumption. at the plant, resulting in excessively high water bills since March, when the 2O$ rate became effective. After sone discussion,, it was decid. ed to transfer a share of the water stock from the newly acquired prop-‘. erty on Pine and Pi0 Pfco to the sanitary plant property, Cmn, Castor- cna moved that the City Clerk be authorized to transfer one share of wa- ter stock from the City Park .,property to the disposal. plant property. Seconded by Cm. Helton. All ayes, motion carried., Proposed Ordinance #9025-A, amending the subdivision ordinance, was summarized, Cmn. Sutton moved that first reading of -proposed Ordin- ance #9025-A be waived, and t.hat such waiver constitute .first reading,. Seconded by Cmn, Castorena. All-ayes, motion carried. Mr. Anthony submitted for the Council’s inspection a letter and some illustrative material on the use of transite pipe instead of cast’ iron pipe in plumbing installations, with his recommendation that its use be allowed in the City of Carlsbad. Mr. .Art Snyder -protested its use on the grounds that it does not make a tight vent joint. ’ The mat- ter was deferred until later. City Attorney Smith arrived a.t 9:45 P, M., and financing of the sewage disposal plant was again discussed. .After considerable discuss-’ sion, Cmn. Castorena moved that the City Attorney be instructed to be- gin negotiations with O’Melveny & Myers to take the necessary steps to set up the sanitary bond election under the Vernon Act, Seconded by Cmn, Eelton. All ages, , plotion carried . .. There ‘being no further business to come before the Council, Cmn. ’ Sutton moved for adjournment at 1O:OO P. M., seconded by Cmn. Castorena. All ayes, meeting adjourned at said hour, Respectfully submitted, V &I, 0 . EWALD, City Cle.rk ”C~”~”~”””C~”-L--””””“”””””-~-~”~~-~~~~-~~~-~””~ )(, MINUTES OF MEETING OF CAXLSBAD CITY COuE?CIL October 5, 1954 Meeting called to order by Acting Mayor Ede at 7:OO P. IJI. Present besides the Acting Mayor were Councilmen Castorena, Helton,, Sutton, Mayor McClellan, City Clerk Ewald, City Attorney Smith, Police Chief Palkowski. Cmn. Sutton moved the approval of the minutes of the meeting of August 24th as revised. Seconded by Cmn, Castorena. All ayes, motion carried , It was noted that. the names of City Attorney Smith and Police Chief Palkowski (arriving late) were omitted from the minutes of the meeting of September 7th as being present, and the secretary was instructed to make this correction. Cmn. Helton moved the approval of the minutes of the meeting of September 7th with the addition of the two names, Secon- ded by Cmn. Castorena, All ayes, motion carried. I The City Clerk reaU the following correspondence: Invitation from the Ameri.can Public Works Association to their, ,meeting on Thrusday,. October. Uth,. at the San Diego Club, 5$h floor, to be a dinner.meeting, The Public.Norks.Director stated he might be able to attend but Cmn. Helton. skated he planned to be out .of town on that ds*e 0 Le,tter to C, D.. McCleflan from.Mrs. Leone Collins, 1341 Oak, pro- testing moving of the library to the building on the former County Road Stateion property now owned by the City, The City Clerk was asked to write a letter thanking,Mrs, Collins for the interest shown and staging that her remarks would be given consideration in the Council*s delibera- tions, I, Letter from 'the Division of Highways advising Of the recording of the relinguisbent covering four parcels of superseded State Highway in the City of Carlsbad, Letter from the Division of Highways advising of the recording of relinquishment covering 1..63 miles of frontage road (Pi0 Picof lying eastdrly of the State Freeway. The City Clerk was asked to check out the description of these relinquishments.' Postcard from Brs, Alice Garcia submitting the name *DESCANSOw 2.1 (meaning, wI rest") for the proposed new City Park, Referred to the d Parks, Recreation, Beach and Tree Commission.. . The City Clerk was asked 2 ' to tha'nk Mrs. Garcia, e 3 * . Letter from Mr. T, M, Heggland advising that the dog,control con- * tract will be given .immediate attention. No, action. Letter from the Atchison, Topeka, & Santa Fe' Railroad Company en- closing lease acknowledgement form f.or renewal of lease agreement on off-street parking lot near depot, requesting that the form be executed and returned, waiving the token one .dollar fee. Cmn.. Castorena moved that the proper officials be instructed to sign the agreement with the Atchison, Topeks & Santa Fe Railroad, Seconded by Cmn, Sutton. Cmn, Sutton asked whether the City is .covered by liability insurance on the parking lot.. Mayor McClellan stated that; in his opinion the City is cov. ered by public liability on all items except 'those specifically exclu- ded, All ayes, motion carried, I Announcement of annual conference of League of California Cities to be held in Los Angeles October 17-20, suggesting that housing arrange- ments be made ea.rlg by writing the League office at Berkeley, since 900 hotel rooms are already under reservation. Mayor McClellan atated he hopes to attend at least the session on the 18th, and City Clerk Ewald stated he would like to attend one day; Bill from the Carlsbad Construction .C,ompany for $12.50, marked Vaid," covering raising of beams on the police and fire station build- ing, The City Clerk was asked to write them wletter of thanks, 1nvitation.from Stone-Youngberg ,to participate in their part of ,the Since Mr. Wier of- the San Diego Gas & Electrib C,ompany was present, the progre,ss of the proposed West Carlsbad Lighting District was dis- cussed, The City Attorney submitted a Resolution.of Intention, but dis- cussion brought out the feeling that there had not been a sufficiently positive reaction to the proposal to'warrant~proceeding at this time, although Cmn, Castorena stated that residents .of the orgginally defined area along Roosevelt Street are definitely in need of and in favor of the district for their area. It was estimated that approximately 1500 lots would be hefected in the area west of the freeway* at a .cost of be- tween 164 and 20$ per ,$lOO,OO on an ad valorum basis, which would be translated into a charge of $4.80 to $6.00 on a lot with 8 #3000,w00 ass- . essed valuation. After considerable discussion, Ma.yor McClellan moved that the Council set on the agenda for the .next regular Council meeting consideration of the Resolution of Intention to Form Lighting District, at which time a hearing may be set at a place with sufficient space to Helton, All ayes, motion carried, League of California Cities meeting, givipg-.hours add- dates, I . accommodate citizens wishing to express themselves, Seconded by Cmn-. The questi0.n. of requiring a deposit on the City Sales Tax Permit wag discussed, as provided in the ordinance as it now stands, The City Attorney stated that he and the City Clerk had discussed the matter and L: 4'. had decided that a deposit of 1/6th tha.t required by the State should be provided, sinoe the City tax is 1/6th of the State tax. It was point ed out that this has resulted in some of the older businesses being ex- empt from the deposit since they have no deposit with the State, while some others were required to make a rather substantial deposit. . City Clerk EwaId stated he had made inquiries of various cities and had hen. advised by their City Clerks to require a deposit, by all means. Mayor McClellan stated he felt that if the Ordinance definitely requires a deposit,. it should be made a uniform deposit. City Clerk Ewald was re'- quested to require, an equitable deposit from all those taking out City. Sales Tax permits. The City Clerk read the following memorandums from the Planning Commission: 1- Recommendation Ehat the application of T?. J. Bowman, 108 Cedar Street, for reclasslfication from Zone R-4 to Zone C-1 of property ds- scribed as the Southeast one-half of Block 7, Carlsbad.Townsite, locatd between Ocean and Garfield Streets north of Cedar,.be.denied. After discussion, Cmn. Sutton, moved that a hearing be set on the Bowman appli- cation on October ,19th at 7:30 P. M. Seconded by Cm. Helton. AI1 ayes motlon carried. 2- Recommendation that. the application of Morton Nielsen, 1045 Grand Avenue, and R. H.,Sonneman, 1044 Elm Avenue, .for' reclassification from Zone 9-2'to Zone C-1 of property described as a portion of Tract 117, Carlsbad Lands, located between Grand and Elm Averllues, west of U. S. Freewar 10l;be denied. Cmn. Sutton moved that a h,earing be set at 8;OO P. M. on October 19th on the Nielsen-Sonneman application. Seconded by Cmn. Helton. All ayes, motion carried, 3- Recommendation that the application of Harry A. and Mary E. Bansen,, Ra,lph L. Guest, Virgil M. and Viola M. Grill, for reclassifica- tion from Zone R-2 to Zone R-3 of property described ,as those lots fac- ing Carlsbad Bouzevard; between Sycamore Street and Hemlock Street, be denied, due to the many protests 'registered against it. After &iscus+ sion, Cmn. Sutton moved that. a hearing be set at 8:30 'P. M. on Octo- ber 19kh on the application of Harry A. Hansen' et al. Second-ed by Cmn. Helton., Cmn. Sutton stated .that-he had received a phone call that pa,rt. of the protestants were going to withdraw .their names from' the pe- tition. .Corn. Smith of the Planning Commission was present and was asked for his comments. He stated that there seemed. to be overwhelm- ing sentiment against the reclassification among the residents of. the area. The possibility of creating a special zone which sould give ad- ditional uses over an R-2, a sort of a restrfcted R-3, was discussed, but no action taken. Vote on the motion: Ayes,' five; nays, none; ab- sent none; motion carried. 4- Recommendation to the City Council that the application of Alex and Gertrude Mallen, 2677 Garfield-Street, for variance to.permit re- duction in south side yard setback from 5 feet to 29 feet, on property described as Lot 88, Granville Park #2, Be appr0ve.d. After discussion,, Cmn. Castorena moved that the' reconimendation of the Planning Oommission be accepted and the application of- Mr. and Mrs. Edallen granted. , Second- ed by Cmn. .Rielton. All ayes, motion carried. 5. Recommendation to the City Councfl that the application of Harry P. Welborn, 1050 Palm Avenue, for variance to permit redaction in east side year setback from 10 feet to 5 feet on property described as a -portion.of Lot C, Allex Avocado Acres, located on the north side of Palm Avenue between Pi0 Pico. Drive and Adms Street, be approved, Mr. Welborn had submitted a letter of consent signed by adjokning neigh- bors, ana other affected property owners were present in support of the application. There were no protests, Mr. ,Anthony stated that Mr.'Wel- born informed him that he had purchased an additional 10 feet of pro- ! perty, thus elininating the need for. the variance. Mayor McClellan-movedl that no action be taken on the recommendation of the Planning 'Commission, due to the report of Mr. Anthony, and that .a memorandum be ,sent to the Plaming Commission stating the reasons for no action being that the need haw been set .aside, Seconded by Cmn. Sutton. All ayes, motion sarried. The City Clerk read a memorandum from the Parks, Recreation, Beach and .Tree Commission requesting that topping and shaping of trees at the Pine Avenue School .and those at Grand and State be taken care of. . We Westree was present and stated that the Committee had chosen these trees- as the most potentially dangerous, as they are in bad condition, After discussion, Mayor McClellan moved that the Council go on record. as in- structing the Public Works Director to proceed with the furlrds available', 1. . I -3 4 49 e 3 pu -4. I I Lik up to, $.1000.,00, on the. tree. trimming .re.c,ommended. by. the Parks, Recreatio~ Beach and Tree Commis.s.ion. Seconded. b.y Cmn.. Suttoa. All ayes, motion carried , .The City Clerk read a memorandum from the Parks, ,Recreat,ion, Beach, and Tree Commission recommending tliat the City Council approve the at- -tacbed maste.r plap sketch for a City Park site, The plan was studied 'and d-iscussed, Tdir.'Anthony stated that he had been asked to remove the buildings, but Cmn. Castorena stated that the Fire Department yoad like -to. remove them by fire as a training test. The possibility of 'trading a piece of land to the Tillmans for some of' their frontage on-Pio Pic0 was discussed, Hr. Westree stated that the Parks Commission would be most. receptive to such a plan but that he understood that the Tillmans .had been advised by a realtor that perhsps- they have .some valuable prop- erty ,on Pi0 Pic.0 Drive, The memorandum and sketch were referred back to the Commission with the -request that they,explore the possibility of trac ing with the Tillmans and report back to the Council .at its next meeting, if possi,ble; They\were asked to indicate that the Council .approves the idea .. . . ,. , Th'e.'recommendation of the Parks, .Recreation,, Beach and Tree Commis- sion that the City acquire some land on the north shore of.the lagoon was ,reviewed, but it wa.5 deci-ded that a memorandum should be sent to %he Com- mission that the Council feels it would be unwise, to take any -adtion at this, time (until the Harobr Commission has been set up.); however, that the Council approves of the' forward-looking views of the Commission, t,hanking them for t-he work they have done on the matter, ' Mr, Westree stated he had just read the planning survey on Carlsbad, put out 20 years ago by the San Diego Planning Commission, with an enor- mous amount of' interest and would l$%e to see some copies made, as he felt it would be very helpful to the Council and various Commissions. It 'was decided to route the existing copy through the Planning Coinmission and City Council, Mr. and Mrs. Harvey Law were present to discuss the' question of a City sales tax on liquor. They questione'd the. advisa.bility of th e tax since 'it would camel the merchandise to be 'higher -here than in Oceanside, where liqimor does not carry the City tax, Mayor McClellan stated that he was inclined to think that there would be inkroduced into the legis- lature a provision for State coPlection of State and City Tax and repay- ment back to the. municipality, inwhich case it would necessarily bes uni- form. Mr, E. G. Rentner was preseht and stated that he was absorbing the tax across the bar so there would be no difference in the price to the customer. It was agreed among the Council and the merchants present that ,a month or so should be allowed to elapse, to see what the results will be. After a 15-minute recess, the Council was reconvened at 9:20 P. MI. The Osburn-Hutflekz matter concerning the legality of the building at 3481 Garfield Street., was brought up'for further discussion. The City Attorney summarized the Case-:to date, Cmn, Ede read the affidivit of Paul Parker affidavit, and the City Clerk read a letter from Fred Hutflesz dated September 29th stating that Mr. Parker had denied that he had used the building in question as living quarters, Mr. Parker was present and stated that he had leased the ,property (the building and dwelling .on the adjacent lot) from approximately May 26, 1952, to Octo- ber 31, 1952, during which time they and various relatives and non=pay- ing guests had used the building for slbeping quarters and the lower pert . for laundry purposes; that the upper story had electricity-but no.water, while the lower part had water but was se$ved electrically by a drop cord brought in through a window from the upper story. There was no toilet, and no laudry drain; and no kitchen facilities except built-in cupboaa,ds, and possibly a hot plate, and that sanitary- facilities of the a,djacent .dwelli'ng were used by occupants of the building., Cmn. Sutton called attention to the Section of Ordinance '#go05 cov- ering guest cottages. Mr. Parker was asked whether any money was col- lected from the occupants of the building and state& definitely that no money was ever charged or collected from them, After considerable discussion, Cmn. Sutton moved that the Council find upon'the 'testimony of Mr. Paul Parker that said dwelling was used from May, 1952, to October, 1952, as a guest house or quxiliary building as defined'in Ordinance #9005,. dependent upon the dwelling located upon the lot next door; and that this motion supersede the .motion made %n their 1-6 matter at the meeting on September 21st. All ayes, motion carried. .' The City Clerk rea,d the Police Report for September, 1954, 'as fol- lows: Arrests .......... .5 Accidents ........ .14 -. Traffic Citations .... .57 General Cases ...... .lo1 Cmm. Castorena, reporttng on the' Fire Department, pointed out that this .amound ,budgeted for the .Fire Department salaries, as &educed, (from $5000.00 to. $3300.00) would proOide for the hiring 'of a regular fireman' at $300.00 per month for the first six months, with a $25.00.increase every six months; and that it.has been suggested that the same. procedure be followed as in the PoliceDepartment, I, e., &hat any employee of ei- ther Department come into service on a six months' probation .p.eri-od. He recommended that a full-time fireman be hired, beginning a week be- fore 'the first of November, to work five days a week, with a volunteer man to take over when he goes off duty ,daring the week, and on week-. ends a, stand-by man who would receive $10.00 per day. 'Cmn. Castorena stated that according to this schedule the total salaries will total $10.00 per day. Cm. Castorena stated that according to this schedule, the tokal salaries will total $10.00 under the' budgeted $3300.00. Mayor McClellan quest-ioned the equity of setting up this ,salary schedule ex- acZly the same as in the Police Department, and Cmn. Castorena stated he- was basing his recommendation strictly on the budget as set up. . .. .City Clerk Ewald read a letter dated October 5th, signed by R. W.. . Hardin, Fire Chief , to, Cm.' Castorena, recommending, Floyd Hollowell as" a full-time fireman. There was considerable discussion as.to whether the wages for the stand-by men should be paid to the Fire Department or to the individual men (in which case there woul'd. be eight new men per '. month to paid by the City office) and as to complications in connection with State Compensaaion, etc. ; and also the matter of employer-employee relationship with these e-xtra men. After discussion, Cmn. Castorena ' ' moved the adopt.ion of a.resolution that Floyd Hollowell be employed as a fullotime fireman on a six months probationary period 'at #3OO.OO per month, effective October 25th, with a $25.00 increase at the end of, the six months probationary' perioa if the City wishes to keep him and he' .wishes to stay. Se.conded by Mayor McClellan. Five ayes, no nays, none absent , resolution adopted . Cmn. Castorena reported that the Fire Department is going to con- duct a campaign in the school for fire'protection for the training of teachers as well as the children, the program to start Fkidag, October 8th.' There will be drflls, movies, pamphlets, etc. Acting Xayor Ede commended' the Fire Chief for his foresight in starti.ng this .. program. foot from a transit mix company for sidewalks, which.would amount to approximately $77..50 for a 50-foot lot. He stated there were several property owne$s who are interested 'in putting in their own walks but that Mr. Waggener, the:original petitioner, had withdrawn his request and stated'he would not be interested unless he could get the LO feet of land along Carlsbad Boulevard as requested. Cmn. .Sutton moved that the Public Works Director be instructed to notify- the three .property owners that they may proceed with the sidewalks on Carlsbad Boulevard, so long as.they stay 35 feet from the center of the street. Cmn. He&- ton seconded. All ayes, motion ca'rried. Mr. Anthony reported -that he had obtained a -price of 30& per square Mayor IdcClellan brought to the. attention of the Council that cer- - tain Water Company reconstruction of the streets is not holding and will create a maintena'nce problem. Mr. Anthony, reporting on progress of the Fire and Police station b.uilding, stated that up to this point the building, including the big slab,, had cost $20,165.00. He stated that the plastering on the' equip- ment room, if done now, will cost $333.00, whereas if postponed until later ,the cost will be $500.00. He suggested that $1000.00 'be trans- ferred, from the $2400.00 budgeted for the sweeper;into the building fund. The possibility that dry wall could be used for the equi,pment room was discussed but' it was decide& that there would be very little saving if the work was hired done. It was decided that when the need arises for transfer of. unds to the building fund, the City Clerk will make a reeommendation of such trensfer. Transfer of the .proposed City Park site from the County was dis- .. 1' cussed, Mayor McClellan moved the adoption of a Resolution accepting this conveyance by the Board of Supervisors per their letter of Septen- ber .23rd;- and instructing the .City Clerk to have the instrument record- ed, expressing the Council's apgrecialtion,to the Board of Supervisors .for their consideration in this .mtter. Seconded by Cmn. Helton, 1% was pointed out that the water stock should also be transfeered. Vote on the motion: all ayes, resolutiori adopted. It was suggested that the Parks, Recreation, Beach and Tree Conmission be notified that the trans- fer is complete. The City Clerk submitted a list of bills for approval. of-payment, lhayor IlcClellan moved that the bills as listed and approved by the au- diting committee and certified by the department heads,"be paid, Se- conded by Cmn. Helton. All ayes, motioncarried. , Cnn. Sutton mooed the approval of' the payroll up to and including ' The City'CPerk was asked to make a statement in the paper that the October 16th. Seconded by Cmn. Castoreaa, all ayes, 'motion carried. ,free rubbish collection has been discontinued, .and advisicg of the o- .ther services which .can be secured reasonably. .' The City Clerk read the resignatibn of .Col:. I.. H. Gronseth from , the Planning,Comibsion. Xeyor McClellan stated he felt it would be .\.l zdvisable to accept the resignation effective October 123;h, and .then ,,d sion be accepted, effective October 12th, with ap6reciztion of his ,.-j make. the appointment to take effect that date, 'He moved that the ten- !,? dered resignation of Col. Gronseth as a member of' the Planning Co.mflis- -* .> long service to- the City from its formation. Seconded by 'Cmn. Castor- &fayor McCleilan stated he mag attend the Lea'gue of.Cities' annual '. conference and'may possibly stay over the next meeting.date. With the Council's approval .be appointed Cmn. Castorena as Rlayor pro tern for the meeting of October 19th. -i eda, All ayes, motion carried. 'There being no further business to come 'before the Council, cm, Castorem moved for adjournment, seconded by Cmn. Belton. ~11 ayes, meeting adjourned at ll:l5 P. K,. .. .. Respectfully submitted, !V Me 0 EWALI), City Clerk "-~-""""--~-"-~""""""""""~""~~~"~~""~~"~"""" MINUTES OF 'LEETIWG OF' CARLSSAD CITY COUIKIL .. October 19, 1954. Meeting called to order at 7:05..P-. M. by Acting Mayor Castorena. Present,besides the Acting Pjiayor were Cm. Ede, Sutton and Mayor Me- Clellan. Absent, Cmn. Eelton. Other officials present were Public Works Director Anthony, City Attorney Smith, Police Chief Pallcowski, Crnn. 3utton. moved that minutes of' the meeting of September 21st, ' as 'amended, and of the adjourned meeting of' September-29th, be' appro- ved. Seconded by Cmn. Ede, A11 ayes, motion carried. The City Clerk read the folloviing correspondence: Letter from'Dean Howell advising'that the dog control agreement will come before the Board of Supervisor's at its next meeting. . City Clerk Ewald reported a phone call from Mr. Charles Good of' the County Public Works Department asking for confirmation of' the Committee's arrangements yith Dr. Lamar .and suggesting that the .Council proceed with passing of the ordinance. Letter from the Sa.n Diego Gas & Electric Company (Mr. Noble) was surnmarized but .not read. Letter from Pacific Investment Company concerning their offer to the County of Sin Diego of a parcel of land, at 'Terramar to be used in establishing a consolidated eourt and county regional Center. After'