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HomeMy WebLinkAbout1952-11-25; City Council; Minutes7 regarding the Agua Hedionda Estuary, Nrs. Amburgey was instructed to make arrangements with the above mentioned persons and arrive at a meeting date, A discussion took place regarding the resurfacing of tb streets, City Clerk Hagen read a letter from Byrl D. Pl?elps addressed to Diiayor %Clellan wherein he forh;;arded a letter he had received from Mr. William M. Brown, Attorney for the Contractors Bar'oer tk Breaden. Cmn. Sutton moved that the City Atto-rney, Mayor McClallan and Bar, Grober be authorized to have a conference with the Attomey and members of the Ca-rlsbad Sanitary District on the var;.ous natters that have arisen, Seconded by cm. Ede. All ages, i9;lotion carried, I h2 LEI @ -s: 3 =f Nayor McClellan reported that there will be a meeting of the League of California Cities at El Cajon, aovember 21, 1952 at 6:30 p.m. Members of the City Council are invitsd to attend. City Clerk Hagen stated th%t proposed Ordinance No. 9008, changing zone of Buena Vista Gardens and a portion of' Seaside Lands from Zones R-4 and C-1 to Zone El-1 has been prepared. Cmn. Ede moved the reading- of Ordinance No, 9008 be tabled until NOvemer 25, 1952 ,Council Meeting, Deconded by Cm. Sutton. 5 ayes. NO nays . blotion carried. City Clerk Hagen stated that proposed Ordinance No. 9009, establishing and regulating the uses of "property ir zone X-lA has been prepared. Cmn. Ede moved tlae reading of Ordinance No. 9009 be tabled until November 25, 1952 co-dncil Meeting. Sedonded by Cm. Castomna. 5 ayes,, 30 nays, iiiotion carried, Proposed Ordinance No. 3805 regulating traffic upon the public streets was discussed. cum, Castorena moved that proposed Ordinance No, 3005 be referred back to the City Attorney with instructiocs to insert traffic regulations regarding the posting of stop signs on a11 streets intersecting Eiighland Drive and the posting of a stop sign at Chestnut and E1 Camino Real in proposed Ordinance No, 3005, Seconded by hm. Grober. All ayss. $lotion carried, I There being no furth2r business to come before tb meeting, Cm. Grober moved for adjournement. Seconded by 'm. Ca,torena, All ayes. MeetLng adjourned, 'Respect'fully submitted, /' x MIXUT3S OF TBE CITY COUNCIL MESTITG November 25, 1952 The meeting was called to order by hlayor McClellan at 7:OO p.m. Those present besides Mayor McClellan were Cmn. Castorena, Edc, Sutton, City Clerk Hagen, Director of Public YJorks, H, H. Barter, City Atty, Smith, Chief Palkowski, Absent Cm. Grober. The minutes of the last meeting were read and approved. City Clei?k gagen read ths following communications: Letter from League of California Cities ac?mowledging our letter regarding minimum floor area requirements wherein they stated they are sending zoning ordinances from va-cious cities. It was sQggested that this matter be referred to the Flanning Commission as they arc making a study of this subject. I .. Letter from Board of Fire 'nderwriters of the Pacific aclanosv- ledging-our letter of Novgrnber 4, 1952 which was referred to them by the Pacific Fire Rating Bureau, regardhg fire inspectior, for the City of Carlsbad. tetter from Carlsbad Mbtual Yiater Company ackcowledging Cm. Sutton s latter requesting pertinet information regarding the water I0 situation. Letter from Klaus Oesterwinter from Germany reauesting infor- mat ion about Carlsbad, Letters from Ed Bullen md Frank Luckel, Assemblymen for this District to City Atty. Smith aaknowled.ging his letter wherein they stated t'hey will support the bill thst will be introduced to t.Ye legislation for the City of Ca-rlsb3.d regarding tidt3landS. An anonymous letter from a resident of C2Plsb8d regarding the number of dogs mnning loose in the neighborhood, Letter received from tke Board of Dire underwkiter's was discussed. City Clerk Hagen will reFly to their letker. The City clerk stated ha will obt3i.n the number of fire hydrants in the: City,. Letter from Carlsbad fdutual Water company was referred to C~Q. Sut ton. City Clerk Eagen will answer the letter received from Klaus Oes terwlnter, Anonymous letter regarding dogs was referred to the City Attorney to handlc the 3x1 tter in which he sees fit, A hearing was held. on the application of Bernard and/or Anita Robinson and George viilliams requesting a reclassification of pro- perty from R-3 to c-1 on property descoibed as: Portions of Lo"s 23 and 24 of Seaside Lands. cm. Castorena moved the above desc-Tibed applicstion to re- zone from R-3 to c-1 as recommmded by the Planning Com?zissioE be manted. Seconded by cm. Ed@. City.Atty. Smith will prepare an okdinance: accomplishipg the change. "11 ages. lcotion carried. City Clerk Hagen rezd a petition received from owners of property facing on Tyler Street for surfacing of' Tyler Street and requesting a complata survey be made for which thy are willing to pay ac-cordingly, For further information refer to kr. c. P. Moreno 3267 Tyler Street. UP. hloreno was asked various questions relating to this proSlem and he stated that the owners of the vacant lots were un-sble to be contacted regarding this matter of inproving Tyler Street, Cm. Ede noved that the Director of Public Viorks, fi. H. Barter be ir,structed to investi.gate the cost of surfacinp; Tyler Street, extending street to 40! width, any necessary drain- age that should be used and anything else that might improve the street, kr. Barter will prepare his report and make his recom- menaations at the Council Mieeting of Decenber 16, 1952. Seconded by 'mn. Castorena. All ayes. Motion carried. A hearing was hel& on the application of Irvinp 8c suth S, Clzmmings, Harry J. PC Margaret c. Stone to rezone por{ions of Tract 236 and- 233 of Thum Lands from E-2 to R-l&on the application of George F. N. Dailey and Josephine ibi. Dailag to rezone portion of Tract 240 of Thum Lands from E-2 to R-1 ar,d at the iniation of the Planning Commission all territory now classified as E-2, lying west of a.line parallel with and easterly 150 feet fpoE the East line of Highland Drive, Hillside Opive and Park Drive from the North line of Chestnut Avenue to an intersection of the easterly bouEdary of Belle Vista, thence along said easterly boundary of Belle Vista to the ;nos t southerly corner of Lot 8, Block D, Belle Vista .wd lying easterly of California State Highway XISD2B, to rezone from E-2 to R-1. Protests were heard from tke following people: Tjlr. E. A. Rossall stated that the subdivision of neigh- boring parcels would cause valuation to increase even for those who did not subdivide. ?&r. James iki. 3ea protested against this reclassification as he stated it would increase his taxes, l'lh'~ x. Bo Forrester requested it go on record that be is OpnOsed to this r5classification as it would not be advantageous to him Or to his imnediate neighbors. Master Sargent J. D. Thompson also requested it go on record that he is opposed to the change. T. I I $? B $ g3 ?A 3' d * I I 7 Mayor liiIcCle11an asked if any of these persons thst objected to their property being rezoned, would they object if Cummings, Stone and Daileyfs property was rezoned fro= E-2 to R-1 as they requested. Mr. Rossall, i$lr. Rea, jdr. Forrester and EJSgt, Thompson had no ob- jactions to this. My Sawyer asked if such a move would bring up th sewer question for the properties concerned. Mayor McClellan stated that the zone chacge has nothlng to do with the &ewer problem. Mr. Charles Ledgerwood pointed out that 211 the property on highland has had the sewage problem of d-raining into the lower lands. Cm. Ede moved that the request for reclassification of property be referred back t.o the Planning Colnrnission with the suggastior, that they re- consider the individuals request who desire the zoae cha.nga and pcr- haps only rezone those portioris and also cocsider the fact, if such rezoning will incresse the valuatiori of the surrounding property. Seconded by cm, Castorena, 4 ayes. f(0 nays. Cmn. Grober absent. -. iyL ot ion carried . Menorandum from th Flanning Commission was read by City Clerk Hagen regarding the request of Art Snyder for the removal of a tree and tb trimming of other trees on his property at Grand and Xadison Streets, stating that Mr. Snyder's request was tabled. until December 8, 1952 Planning Cornmission Meeting in order for the Tree ComLqittee to meet and discuss the matter. Discussior followed. Bir. Sn der stated that *he would like immediste action os: this if 'possible. Zmn, %a moved that the Tree Comrcittee be Di-ven full authority to carry out the disposition of the matter of Art gnyder's trees. Seconded by Cmn. Sutto~ Chairman Sutton stated that he preferred the Tree Cormittee be given authority to do this in the case of trirmqbg trees but not in the case of removing them. Cm. Ede withdrew his motion followed by the with- drawl of Cm. Suttonls second to the motion. Cm. Ede recomended tke Tree Committee mset and give a report to the City. Council by next Council iieeting on December 2, 1952. Aftir a 10 minute recess, Xa;Fo?? McClellar! reconvened the Council. The following racommend.ation from the Planning Commission was read by City Clark Bagen:. A motion was unanimously passed that a recommendation be made to the City Council that the request of Alton 8. and hhgaret V, Gladden to rezone a portion of Tract ;99, Carlsbad Lands, from 3-2 to R-3, and Et the iniation of the C3clsbad Planning Commission to rezone a portion of Tract 98, Block 16, Carlsbad Lands from R-2 to R-3 and all areas in Tract 98 not pr3sently C-l, from R-2 to C-1 be granted. 90 protests . Cmn. Ede moved a hearing be set at 7:30 p.m. on Decamber 16, 1952 on the above described application. Seconded by cmn. Sutton, A11 ayes. liiotion carried. The following recornendstion from the Plaming Commission was read by City Clsrk Hapen : The application of Treno and Imogene &noz requesting. two side yiyd varfances from 10 feet to 8s feet on property located between 1158 and. 1212 oak be granted. Side yard variances are not the? same as advertised, but a lesser variance than is indicated by the advertisement. City Clerk asgen read a protest from Major Gmeral W. A, 7iorten and Nellie Worten, Discussion took place. cm. Castoreno moved t'he above described zone variar,ce! be granted as re- commended 'by the Planning Comraission. Seconded by cm. Ede All ayes. Nlotion carried. City Clerk Bagel?_ will communicate with Gen. and 111 rs. Worten and explain what the variances involved and. that it was for a lesser varimce than was advertised. .,~_ Recommendation from the Planning Cmnission was read by City Clerk Hagen regarding the application of 8. L. Killian requesting a five foot set back from the West Alley on. property described. as: Lots 17 and 18, Block 38, Carlsbad Townsite. This request compliad with Ordinance 9005 and no action was necessary. Inasmuch as, the City incu?rad the cost of two advertisements in this case, it was racom9ndad by .the planning cornmission that only half of the $10.00 fee be refundad to Mr. Killim. crnn. Sutton moved that half .Of the $10.00 fee be refunded to E%. Iiilliarr as recommended by the 'lanning Conmission, Seconded by cm, Ede, "11 ayes. Rotten carried.- 3.0. Memorqndurn from the Planning commission regarding minimum floor %rea requirements was read by City clerk Hagen wherein they stated that further study is behg made of the matter. Tentative rrap of palm Vista submitted by Gallinger Copstruc- tion Company was discussed. The following recommndatioc of the Planning Commission was read by City Clerk Hagen: A notion was unanimously passed (idayor NcClellan absent) , that the tentative map of Palm Vista suSmitted by Gallinger Constrv.ction Company be approved with the following exceptions: Xidth of travel way of ha,gnolia and Jefferson Street to be 40 feet instead of 3E feet, with curb on easterly side of Jefferson Street and the south.sidc of Magnolia Street, fourteen .feet from property line. Tk varia- tior, in set back on the ezst sid-e of Harding is not recommended at t’nis time. Cmn. 3d.e moved the tentative map of Palm Vista Be approved as recommended by the Plannipg Commission with the above desc-ibd exceptions. Seconded .by cm. Castorma. 3 ayes. No nays. Mayor McClellan not voting. jfiotion carried.. City Clerk Hagen read a letter from Benjamin and Adeline 16. Taylor mgarding a petition for the vacation of a portion of the westerly 15 feet of Ocean Street at Ternlinus of Oak Avenue in Carlsbad. Cmn. Eda moved this letter be referred to tb Plamjnp; Commisson through ths Director of Public 2iorks. Seconded by CW,. Sutton. All ayes. Xotion carried. City Atto-mey Smith Teported that the Agreement between Carlsbad and the City of Oceanside was still being studied and his recommendatiox will be prepared. by next Council hieeting on Dec- eaer 2, 1952. City Attorney Smith reported. that the proposed agreement with the County Eealth Department appezm to be in good form. Cmn. %tton. will work with the City Atty. on this matter so wbn it does corn up we will bow what additional ordinances we will need to, pass to make agreement effective. City Atty. smith reported that, he communicated with Mr. Walter >’ox, Attorney For San Eiego Gas k Electric Company in San Francisco and stated that he has not heard from him as yet regard- ing the franchise mstter. City Atty, Smith stated that it would be wise to prepare a transcript of proceedings which were ::?ad for the purpose of the formation of the City of carlsbad md if they meet with the appro- va.1 of’ the two water district s concerned, prepare a statement of assessed valuation. City Atty, Smith reported that he had received a more der- ir,ite estimate from Mr. Potter of Realty Tax Service Company re- garding detemniniBg the assessed valuation of Carlsbad. Mr. potter approximated the cost to be $1,250. City Atty. Snith also communicated with IGP. Perrigo, County Auditor for an estimate and has not heard from him as yet. Cum. Ede and City Atty. Smith will work together in this matter. Discussion took place regarding publishirg maps with zone changes. Dity Atty. Smith stated. it would be wise to publish a sectional map. City Clerk Hagen read proposed Ordinance 9008, an ordinance changing zme of Buena Vista Gardens and a portion of Lot 1, Section I, Tract 129, R5IY froz zones x-4 znd C-l to zone R-1. Cm. Sutton moved this ordinance be tabled until December 2, 1952 Council Meeting. Seconded by Cmn. Ede. All ayes. Xotion carried. City Clerk Hagen stated th3t Ordinance 9009, establishing and regulating the uses of property in zone R-1A has been prepared. cum. Ede moved OrdiEance 9009 be defer-red until next meeting on Deceniber 2, 19S2. Seconded by Cm. Castorma. All ayes. $lotion carried. . 8 City Clerk Hagen stated thzt Ordinance 9010 an ordlnaace cha.nging zone in the southerly half of Block 7 in tl?@ City of- CarLs- bad from R-2 to 3-4 has beeri prapared. cm. Zd.e moved the first rsad.ir.;g bs tabled. until next rreeting. Seconded by Cm, Castorma, All ayes. blot ion carried, Cmn . Castorena .moved. thst Ordinance 3005 regulating traffic upon the public streets be referr;ed. back to t'm City Attorney to be d,ra\Vr.i. up as an emergency opd ixance. Sec or,ded. by CTI, &de. All. ayes, iiiot ion carried . D that he and. he iscussion took pla.ce rzgarding state parks. igr. Bartar stated sppka with. Ilr. Fupp, 1,spcctor of the Cov-nty Zoad Departnent seemed. quit e anxious to turn t k stzt c parks over to the CCty. Discussion took place regarding pzrking on the oc8m side of Ocean Street. Mayor XcClellen suggestsd we find. out what right we have and. th2n d.etsrmiLe if we w&;t to block p2aking on the ocean side of 0 cean Street. 23 13 .L .. 5 ~ Parks, for the City Council. :;I -+. blr. Barter reported. th-zt tho-re is a hole under t:3e street at $1 City Atty. SEith. will o'ot:ji~ a copy of the lease of the State .? " Ocean and fine Streets '8Thicil is very dangerous to -vehicles tptzversing over thS.s street. itlr. Bartzr :vgs asked to outline his ictended program for next month. Thert? b&ing no furthr busrness to cone before the xeeting, Cm. Castorma. moved for adjournment. Seconded by cmn, Sutton. A1 1 ayes . Ari~ t ion carried.. Respectfully submit ked, IGll\?UTE3 OF THE CITY COTJNC IL i;1ESTIf\rG Docember 2, 195% Before th neeting wzs called. to order, City Clerk Fagon swore in Richard Elvin Kolb, Lewis And.erson Xitchell, Sylvester Lzwrence For;ter , Y:a;la.cc Dzsmarais Rossall, Robert Bo LLelson, and. V!il..l i3.m Thonms i.ia~m.es as rkscrve Gfficers . Cmn', Cast0r'srj.a presented the:? with their identification cwds 2nd badg;es. 71 The me.3tinq ms called to order at 7:15 p.m. by Mayor McClellan. Those prosczt beside &yor XcClellan iver(? Cmn. Czstorena, Ed.@, Sutton, Grober, City Clsrk iiagen, E. 2. Barter , Bruce Smith and Chief Zax Palkowski . I;iillu.tes of' the last ner:tin,g stood apgromr! as corrected.. City Clerk 3ak;e~ rsad. the followinz communications: Letker frorr, Department of Finm-ce, Local 811ocat!.on. Division, Albert 21. Zaker, Assistant chief reg;a-rd.ir,p; our application submitted Tor "ijiatep Pipe Line to Aqusduct. I1 Letter from DivisLoi: of 3iEhwzys, E. E. Y5llacey District Engin2or acknowledging our letter of IGoovember 25 , 1952 regmd.ir?~ S.P e:roding 'bank north of Fine ATenue in Carlsbad. Letter fron Senator F~ed H. Kraft iRf0rxirj.g us that, the Joint r'a.c'c-Find.ing Comni ttee and the Sen-:, te Interim Comni ttee on. I.Jigkvra;~s zr3 going to h:vs a meeting. Letter f~om Countg of'S8.n Diego, Count>- Counsel, 3ertra.m iicLees, Jr., Deputy iEfo?nir.g us that, the b~!.~-r.d~~ic;s of the City or Ca-rlsbad entirely encloses the ta:r?i_torg of' the Czrlsbad Sanitary DLstrLct.