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HomeMy WebLinkAbout1953-04-21; City Council; Minutes30 his experience and qualifications for auxiliary policeman under tle Ci- vil Defense; which letter had been written -to Civil Defense, hs Angeles, and forwarded to the City of Carlsbad. Letter to Sgt. Dovey of the Sheriff's Department, advising him that permission of the owner had been secured to use the vacant property im- Wdiately south of the Carlsbad Theatre as a parking place for the B-29 fuselage to be displayed in connection with the Civil Air Elaid Warning Service demonstration on April 21st, Ibs. Vexmilyea reported a telephone call from 2Ir. ?Beuthel .of the Division of Highways, in which he had stated that their Legal Depart- ment would require two copies of both the gas &nd electric franchises to.be granted the Sayr Diego Gas eC Electric Corrrpmy; and that notice of protest would be filed within the .legal time; also that the Sacra- . mento office would be notified to nail my necessary documents direct to the City Hall. IJIax Ewald made the suggestion that a Personnel Committee be set up to process applications and handle other gersomel details, and it was agreed that this might avoid confusion and misunderstanding.. Approval was expressed by the Council .of the new policy of the . Police Department of commending careful drivers . There being no further business .to come before the Council, cmn. Castorena moved for adjournment, Cm. Sutton seconding, 411 ayes, meeting adjourned at 10:15 p. m, Respectfully submitted, V "L"""""""""""~""""""~""""""""""-"" MIijIJTES OF HEETTHG OF CARLSFAD CITY COUNCIL April af is53 xxx Weeting called to order at 7:OO p. m. by Mayor McClellan. Present besides the.Mayor were Councilmen Sutton, Ede, Castorena, Gro'oer, City Clerk Hagen, Public Works Director Barter,.City Attorney Smith, Police Chief Palkowski and Fire Chief Luther. Cmn, Castorem moved that reading of the minutes of the regular meetiag of April 7th and of the adjourned meeting of April loth, be waived, Seconded by Cm. Ede. All ayes, motion Carried. City Clerk Hagen read the following correspondence: Letter from the Sa Diego County Water Authority addressed to Cm. Sutton, advising that her letter would be presented to the Board of Di- rectors at their meefring on April 16th. Letter from Sari aiego County Water Authority to .Cm. Sutton Bdvisiizg that application of the City of Carlsbad for ZjO acre feet of water had been presented to the Board of Directors and approved by then, i;.ubject to certain conditions, at a. cost of $40.00 per acre foot at point of de- livery from the Authority system. Col, Hagen reported that the letter. was read at the meeting of the Board of Directors of the Carlsbad Lfiutual Ikter Compayly, but that they are not ye% ready to answer it. The City Clerk was .asked to acknowledge t'ae letter and advise the Authority that the City 1s wo&ing on the matters they have raised as conditions, Copy of letter from Ijlayor RcClellaa to 11, .R. Robinson, appoiating him to fill the vacancy on the Plming Conmission caused by jhsignation of Tom ACIX~, expiring the second Tuesday in April; aYld also appointing him for a four-year tern beginning the second Tuesday in April. Copy of letter from Mayor NcCle1la.n to Arnie Stringer reappointing him to the Planning G.ommissioa for a four-year term beginning the second Tuesday in April. Letter from the State of California Recreation Commission to Cam. Sutton, signed by Arvid 0, Pauly, Recreation Specialist, advising that the Countyof san Diego cannot negotiate with the City of Carlsbad for .. 1 :I operation of the State Park, as its lease with the State is for fifty years and can only be canoelled upon one year's notice; that if the County,re- fuses to poerate the Park, the State will probably take over, Cm. Sut- ton reported that he had said he would send some sample ordinances,' but they were not enclosed. Proposed budget of the Carlsbad Volunteer Fire Department for the fiscal gear 1953-54 was exaained by Council members. City Clerk Hagen read recommendations of the Planning Commission as (1) That the plot plan submitted by Q. C. Hill for division of Lots I follows : 18 and 19, Block B, Alles Avocado Acres, be approved. City Attorney Smith state'd that the interpretation of Mrs. Hayes, attorney for Hr, Hill, of thE conditions uader which division of these lots could be made without be- ing subject to the Subdivision Hap Act was comect, and that this proce- dure complied with the state laws and the local zoning Ordinance,' and would be followed by filing of a Record of Survey instead of a Subdivi- sion map. Cmn, Ede proposed the adoption 'of a resolution that the recom- menda$ion of the Planning Commission be adopted and the.lot des$@ ap- proved as submitted by G. C. Hill, Seconded by Cmn, Grober, All ayes, T? no nays resolution adopted, 0 c$ Diego for varia.uc% to reduce front yard setback from 50 feet to 40 feet 3 be granted. 9hec:Elan submitted by the Bank was examined and disoussed, 3 Cm. Ede awed that the recommefldation of the Planning Commission be accepted and the application for variance granted. geconded by Cmn, Castorem, A11 ayes, motion carried, back f,rom 50 feet to 34 feet on property 'described as Lots H and G'of Cedar Hills Addition to Alexander Beller Tract, be approved, The tract was pointed out on the map and topographical and other reasons fop the' - request for variance explained, Gmzl. Sutton, who had protested at the Plazuling Commission hearing expgained the basis of the protests of her- self and other protestants {Hr. and Mrs. J.T. Boyd and Nr, Arthur C. West). Bill Fry, contractor for Hr. Hier, stated that the plan for a street through the center of the property, which had been. the princi- pal objection of the neighbors, had been abandoned when it was learned that a nastei? plan of streets for the City of Carlsbad contemplated the reopening of Spruce Street .and dedication of a street at the east bopdary of the property; but that Mr. Hier planned to divide the -0 acres into five lots if rezoning could be accomplished. After discus- sion, Cmn. Castorena moved that the recmt2adation of the Planning COIL& mission be accepted and the variance for reduction of rear yard from 50 feet to 40 feet, granted. all ayes, motion carried, tiated by the Planning Commission, of the area bounded by Las Flores Drive, California State Highway XI-SQ-ZB, Laguna Drive, and the easter- ly boundary of Buem Vista Gardens and the southerly and northerly pro- longation thereof, be granted. After discussion, Cmn. *de moved that the recommendation of the Planning Commission be accepted md reclass- ification granted; and that the City Attorney be instructed to draft an .ordinance effecting the change. Seconded by Cm. Castorena. All ayes, motkon carried. requesting that outdom advertising be declared a permitted use in C-1, C-2, M-1 and €4-2 zones, be referred to.the City Council, The letter from Foster & Kleiser was also read. MP, Touhy was present and was asked whether their operations were permitted in C-1 zones un- der the County, and he stated that they were and showed the Council members a copy of the County Zoning OrdiYlance 371, under Section 4 'of which outdoor advertising was lested. City Attorney.Smith stated *hat apparentiy this section had been repealed &nd a new one substituted there- for by Ordinance 1166 H, S., adopted January 4, 1952; that suoh use is permitted in "3. and "2 zones under City Ordinance @at not in C-1 and C-2, unless the Council see6 fit to grant special permission. The -City Attorney was asked to study the matter and ^have recommermda$ions ready for the next Planning Commfssioa meeting on April 27th. 3 (21 That the application of Security Trust & Savings Bank of San .(3) That the application of John A, Hier for variance in rear set- I (4) That the request for reclassification from R-1 to B-IB, ini- (5) That the letter from Foster & Kleiser, signed by Mr. Touhy, I City clerk Hagen read a letter from Dr. Glines, superintendent of the Caxtlsbad Union School, requesting that school zone signs be posted near the Jefferson School, and crosswalks painted, for the safety of the school children. The City Clerk was asked to handle. Cmn. Sutton stated that the Real Estate Cmissioner had asked that a copy of Ordinance 9025 be sent to him. - Mayor PsicClellan announced the hearing on the application of the -3 2 sa Diego Gas & Electric Company for gas franchise, set for 8 P. me, City Clerk Hagen read a letter from the Department of Public works, State of California, Division of Contracts and Rights-of-Wag, signed. by bo, Do Woe, protesting the granting of the gas franchise, enclos- iw six copies of the protest. Mr. Hirr, representative of the' sari pie- go Gas & Electric Company, stated that this was a new imovation 011 the part of the State Highway Department and that his company earnestly hoped that me Council would ,override such objections. City attorney Smith stated that he had talked with the City Attorney of San Diego who had advised him that this is not a usual provision. % also stated that he would forward copies of .the ordinances granting franchise to b. Beuthel, as requested. After discussion, Cmn. Ede moved that receipt of the pro- test of the State of California, Department of Public Works, Division Of Contracts and Rights-of-way, be acknowledged, and the protest denied, Se- condedsby Cmn. Grober, All ayes, motion carried. Crmi.1. Ede moved that first reading of proposed Ordinance 1018, an ordinance' granting gas franchise to the San Diego Gas i% Electric Con- pany, be waived. Seconded by Cmn. Castorena, All ayes, motion carried, of the Sam, Diego Gas & Electric Compw for electric Tranchise, Set for 8:OO p. m. Letter enoloslng protests from the Department of Public Works, State of California, Division of Contracts Bhd Rights-of-way, be acknow- ledged? md the protest denied, Seconded by Cm. Ede . A11 ayes, motion carried. Cmn. Castorena moved that first reading of proposed Ordinance 1019, granting electric fraachise to the Sa9 Diego Gas & Electric Cornparty, be waived. Seconded by Cmn. Sutton.. All ayes, motion carried. It was announced that time for final reading on both ordinances would be 8:OO @.I% on w 5th. sion that the application of Lawrence Felt for special use permit to al- low construction of a trailer .cou*$ on property at Elm an& Highway 101, be denied. Mr. Feist, attorney for some of the protestants, was present but stated that his clients would stand on thei.r written protests, Mr. Felt stated that he hoped the City Council would act favorably on his application so that he could abandon plans for the auto camp, now in progress, in favor of a trailer court, Mr. Feist stated that he felt that I"I. Felt's implication was tankamount to blackmailing the Council. Cm, Ede moved that. the recommendation of the Planning Commission of the Felt application be accepted and the request for special use permit de- nied. Seconded by Cmn. Sutton. All ayes, 'motion carried. Mayor IIcClellan aunounced the hearing to condider the application City Clerk Hagen read the recommendati-on of the Planning commis- City Clerk Hagen read a letter from Robert Sutton, Chaim of the Planning Commission, whkch he asked be considered in connection with the recommendation of the Planning Commission on the Bernard and Ankta Robinson application for special use permit to allow construction of a trailer court on Lot 24, Seaside Lands. The letter contained refer- ences to the trailer situation and ordinances in Coronado and Chula Vista, and quotations from their Planning Directors to the effect that trailer parks are not -considered by them a desireable development. Mr. Sutton's letter also gave figures indicating that trailer parks are a poor investment for a city, as they do not pay a proportionate share of the cost of municipal services, The City Clerk also read the recom- mendation of -the ' Plannirmg commission, approving the Robinson application, subject to the following requirements: 1. Area- 1200 square feet. 2. Width - 30 feet. 3. Drive width - 30 feet. I-fard surface, asphalt or cement. 4, Side'yard - 5 feet. 5. Rear yard - 25 feet. 60 Distance between two trailers or trailer and building- 6 feet, 7. Toilets - 10 each sex. All toilets must be connected to pub- lic sewer system. Minimum 4" cast iron sewer connections to each trailer space. Cast iron soil lines only permitted. 8, Fees - $5.00 per space per month. 9. No trailer &y W placed in court for rental purposes, Mr. Robinson was present and stated that hec,objected to three of the re- quirements as being excessive and far beyond State requirements: the 1200-square-foot area per trailer space, the 30-foot wide driveway? and the fee of $5,OO per month.' He stated that he would be willing to go a little beyond the 7jO-foot state .requirement, but could not neet the I 32 !..!2 'q 4 23 ."a I . .. 1; 1200-square-foot provision, Instead of the 3O-foot driveway, he stated that his plans call for 36 feet, divided into two 18-foot roads; that he believed the $5.00 per space per month should be eliminated and a tax based on gross receipts substituted. Lewis Chase, R, R, Jackson, Law- rence Felt,. Bill 'Fry, and Gen. A, A, Gladden all spoke in favor of a well-regulated trailer park development, the pQint being made that the majority of trailer owners spend a great deal of money in the community, and also, in very many cases are homeowners and taxpayers in other com- munities. It w4s also brought out that my progressixe resort com- amities invite trailer park development and feel &&it .they are a good irivestmene. Mr. Robinson arid other proponents were questioned as to requirements &@DW& in other cornmities wmre trailer parks are per- mitted, After a ten-ninute recess, the Council was re.convened at 9::ZO p, m. The matter of the variance requested in the Robinson application, for reduction of front yard setback from 50 to 35 feet, was discussed, and Nr* Robinson stated that he would like to be able to go up to the line but boas agreeable to the 35 foot setback. Fire Chfef Luther was asked whether the proposed 18-foot driveways would afford ample space for fire equipment to get in and out, and replied that it would, Robin- son was asked about visitors' parking and stated that ample space would be provided at the State Street entrance for this purpose. em, Ede made a short statenent to the effect that he had originally been op- posed to trailer courts in Carlsbad as he felt they often brought an undesirable type of migrant population, but since talking to mny peo- ple who seemed to favor allowing trailer courts, and since this parti- cular trailer court would not be visible from either the present high- way or the freeway and is not opposed by any neighboring residents, he felt this might be a good location for the establishment of a trailer court, Can. Ede moved that the Robinson application for special. use permit for establishment of a trailer court, at the location named in the application, be approved, subject to these special requirements: .I, Area - 900 square feet per space (trailer and car) 2. Width -.22* feet. 3. Drive width - 2 driveways of 18 feet each. Blacktop surface. 4, Side yard - j feet. 5. Rear yard - 25 feet. 6, Front yard - 35 feet, 7. Toilets - 10-each sex. All toilets must be connected to public 8, No trailer may be placed in court for rental purposes, sewep system, Minimum rtn cast iron sewer connections to each trailer space. Cast iron soil lines only permitted. and that variance to permit reduction of front yard setback from 50 to 35 feet be granted, Seconded by Cmn, Castorena, It was deoided that no fee per space would be required, as -trailer courts are Ucensed un- der the Business License Ordinance 6005, Section 42, and it was felt that an additional fee would be piling tax on tax. Vote od the motion: Ayes, Cnw, Ede, Castorena, Grober, HcC1ella.n. Nays, none. Mot voting, Cm, Grober. Since the City Attorney had stated that in event the ret+ omendation of the Planning Commission were not adopted en toto, and changes were made, a unanimous vote would be required for approval, a ruling on the effect of this vote was requested of the CiBy Attorney, I Geong@c:Steiger stated that on behalf of himself and many friends, ke wished to commend the Council on its fine work and to extend their whole-hearted support and co-operation. His remarks were greeted with much applause from those present. Cm. Ede was asked by the kyor to extend the Council* s appreciation and stated that the members of the Council were aware that $:me did not agree with their decisions, but that each member was trying to take a long-range view and do what was best for Carlsbad both now and in the .years eead, He pointed'out that sanitation experts had brought in an estimate of a tremendous increase UI population in this area during the next twenty years, which factor must be taken into account in all City planning. He expressed deep appreciation to the Planning Commission for their splendid efforts and valraktble contributions, . Proposed Ordinance 9011, changing zone of certaih portibns of Thum hds and Bella Vista from Zone E-2 to Zone R-lA, was given second read- ing. Can. Castorena moved the adoption of proposed Ordirmaurce 9017, Se- conded by Cmn, Ede, Five ayes, motion carried, hwposed &rdinaYlce 9018, estabJ$shjyig and regulating GSQS 6% &X& .RGlB, was given second reading. Cm, Ede moved the adoption of pro- 34 posed Ord5aance 9018. Seconded by Cm. Grobep', All ayes, motion carried. Proposed Ordinance 9019, ohaging zone of Lots 1, 2, 3, and 4, Block A, Palisades, from B-2 to R-3, was given 8econd reading. Cmn. Castorena moved the adoption of proposed Ordimce 9019, Seconded by Cm. Sutton, All ayes, motion carried, Proposed Ordinance 9O2O, changing zone of portions of Alles AVO- cado Acres from B-1 to R-2, was summarized, Cm. E&?. moved that first reading of proposed Ordinance 9020 be waived, Secondea by Cm. .Grober, Proposed Ordinance 9021, changing Zone of Portions of Carlsbad Tomsite from Zone R-3 to Zone c-1, Was summarized, cIE% Ede moved %kt first read- of pFoposed OrdLnanCe 9021 be waived. Seconded br cm; Sutton, All ayes, motion carried, City Clerk read Resolution of Intention to Order street light- ag in Terramar, Cm. Ede moved the adoption Of the Resolution of In- tention to order stmet lighti% in Terramar; seconded by ca~ Castor- em. A11 ayes, motion carried. Cmn. Castorem reported that the Fire Departaent had discarded the idea -of putting up a new building on the Stromberg property as be- ing too expensive and impractiaal, but that they had had a new propo- sition from Fir. Stromberg, as follows: he will lease to the city a large garage on the rear of his property at 2922 Roosevelt, contain- ing about 1000 square feet of space, for a fire house and squad room, at $7fi.OOfor the first month (which would largely be used to pay for a large aluminim door) and $25.00 per month thereafter; that he will clean up the garage and paint it, Half of the garage will be devoted entirely to the housing of the truck and equipment,'etc., and the o- ther half will have a b&, with rest room facilities, and also a squad room for the firemen and for the members of 'the Police Department, if they wish to use it. The building is wired with both 110- and 220- mZt facilities, has a telephone with an extension to Mr. Stromberg's home, and a compressor and ba8tery charger would be left for the use of the Department. There is also a pit which can be used in working on the truck, and the building has a concrete floor. The lease can liave a clause stating that it may be broken by the City on 30days' notice. 'fXeilfties are to be the City's responsibility, Cm. Castorena stated that he strongly recommended that the City-accept this offer without delay. Cmn, Grober moved that the City accept Mr. Stromberg t s offer, and that the City Attorney be instmcted to draw up a contract with Nr. Stromberg covering rental of the garage at $75.00 for the first month and $25.00 per month thereafter; and that the City Clerk be au- thorized to apply foa electricity, gas, and telephone and one exten- sion. Seconded by Cm. Castorem, All ayes, motion carried, Fire Chief Luther stated that there was some dissatisfaction a- mong some of the fire- as they had understood that more equipment would be fopth-coming before this time, but it was explained that fire department needs were being taken care of as fast as finances permit. Cm. Castorena vas asked to let the City Clerk know the da$e when the <Stromberg propex-ty would be ready, and to keep him posted. The City Clerk was asked to send a memo to the City Attorney re- garding the burning ordinance, to be set up as an emergency ordinance. He was also asked to secure blank.forms of the burning permits used by the Forestry Service, for the Cfty Attomey*s purposes and to be used in opdering a supply printed. Gm. Sutton.-reported that Dr, Glines, superintendent of the Carls- bad Grammar School, had stated it might be possible to use the lot a- cross from the school as a library site; and that a building which will probably be discarded under the State program could probably be moved onto the lot to be used as a library,$%#+ He stated he would bring it. up at the next sohool board meeting but might get an expression from the members prior to that time; that since the building was owned by the Ckxpayers, he saw no reason why it could not be given to the City. Cmn, Sutton recommended thht the City accept this offer if detaxls can be worked pht, It was pointed out that the City would undoubtedly be faced.with costs of moving and installa%.ion of plumbing, wiring, and. heating. %ma, Sutton was.asked to follow up this matter with Hr. Glines, and also to find out what the ,costs would be to the City. 1; . Can. Sutton reported that the Parks and Recreation Committee had'bee: advised that $1350.00 had been set aside fop this fiscal year for the con- struction of a ramp at the bottom of Elm Avenue, which must be spent by July 1st if the City wishes to get it; and that the cornnittee recommends that if the meeting with the Supervisors is not set up by the middle of Ma that the City Clerk contact them and ask that construction be started,, 'They also recommended that .the ramp be pue in at Oak .Street rather than at Elm, to preclude its being cut offa in event of development of the private property there. It was agreed to proceed with the matter, Cmn, Suttonfj further reported that the people in Terramar are very anxious to have trees planted; that %hey have chosen their trees and are willing to buy them now, ayld- want to know whether they can put then in the parkway, She stated that the cornittee is anxious that something be done; that the Chamber of Comerce had already set up five different areas - Terramar, the Highlands, the Mexican district, Buena Vista Gar- dens, and along the beach - with certain types of trees for each, re- stricted to that type only. em. Castorena moved that the people be permitted to set out trees in accordance with the recommendations of the Parks and Recreation Connittee, under the supervision of the Direc- tor of Public Works. Secondedi by Cmn. Ede, All ayes, motion carried, :$-j ;.;2 ..A City Attorney to incur reasonable legal expenses and enter into a con- jj tract for such services as are necessary in comection with the Sa,n Di- k ego County Water Authority and 14etropolita.n Water District applications. *.i< Cmn, Ede proposed the adoption of a resolution authorizing the ..a ..I , All ayes, no mys, resolution adopted. . The City Clerk was asked to send a memorandm to the City Attor- ney regarding the ordinance to accoqlish street name change irz Terramar. Cmn. Grober reported that he had met with the contractor regamllng the employment of an assistant building impector; that there were few present but they were agreeable to going along with whatever armnge- rnents could be made at this tine, under the circumstances. He stated that since the meeting was held Nr, Ewald had contacted him and- said he would be ha9py to assist Nr. Barter as long as he was needea, at $200.00 per nonth for half-tine, and $Zj,OO per monzh for the use of his car, Lf needed, and could start any time. Hr. Barter was asked to COD ment .and state he approved the id-ea, as it would give him more time for Public Works matters. After discussion, can. Ede proposed the adoption of a resolution authorizing the hiring of Mr. Max Ewald by the City, at a salary of $200.00 per nonth for half-time, an& $25.00 per month for the use of his car if needed, to serve under Mr. Barter's direction, to exped-ite issuing perniitts and- making inspections, for an indetermin- ate period. Seconded by Cmn. Grober, All ayes, resolution aaopted, Nagor McClellan announced that the FHA has agreed that, pending determination of the matter of septic tank inspections in Carlsbad, they would accept the certification of Mr. Barter on these matters. The mCter was brought up that Carlsbad does not require permits of plasterers and lathers, whereas Oceanside does require them. The mat- ter was discussed but no action taken, Mayor IvIcClellan amounted that he may be away from the City during the month of Mag, and suggested that the Council name a Playor pro tern .bo serve during his absence. Can. Grober moved that Can, Ede act as IY2ayor pro ten, should the Hayor be absent during the month of Bay. Se- conded by Cmn. SuLton. Four ayes, motion carried. There being no further business to come before the Councll, Cmn. Grober moved for adjournment, secondeS1 by Cmn. Ede. Meetlrmg adjourned at 11:35 p. m. Respectfully submitted, v L - L,,.' / ..,/iy//p/ 4 ~ t/v-z ,,p?5% .e :i I- '$&&Rk 'G,' BAGEN, City!. prk 'J L - L,,.' / ..,/iy//p/ 4 ~ t/v-z ,,p?5% .e :i I- '$&&Rk 'G,' BAGEN, City!. prk 'J """""""""""""""""""""""""""""""-~"-"" MINUTES OF NZETING OF CARLSBAD CITY COUNCIL Hay' 5, 1953 .-. .