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HomeMy WebLinkAbout1953-05-05; City Council; Minutes1; C!.x.+ Cm. -Sutton repor-d that -the Parks and Recreation Committee had 'bee] advised that $1350.00 had been set aside for this fiscal year for the con- struction of a'ramp at the bottom of Elm Avenpe, which must be spent by July 1st if the City wishes to get it; ad that the comnittee recommends that if the meeting with the Supervisors is not set up by the middle of Ma: that the City Clerk contact them and ask that construction be started. -They also recommended that .the ramp be put in at Oak .Street rather than at Elm, to proeclude its being cut off- in event of development of the private property there, It was agreed to proceed with the matter. Cm, Suttod further reported that the people in Terramar are very anxious to have trees planted; that %hey have chosen their trees and are willing to buy them now, and want to know whether they caa put them in the parkway, She stated that the committee is anxious that something be done ; that the Chamber of Commerce had already set up five different areas - Terramar, the Highlands, the Mexican Bistrict, Buena Vista Gar- dens, and along the beach - with certain types of trees for each, re- stricted to that type only, cmn. Castorena moved that the people be permitted to set out trees frm. accordance with the recommendations of the Parks and Recreation Committee, under the supervision of the Direc- tor of Public Works. Seconded by Cm. Ede. All ayes, motion carried, 2.2 m 4 City At$orney to incur reasonable legal expenses -and enter into a con- ~2 tract for such services as are necessary in connection with the San Di- et ego County Water Authority and Hetropolitm Water District applications. I q$ Cmn. Ede proposed the adoption of a resolution authoriztng the All ayes, no nays, resolution adopted, - The City Clerk was asked to send a memorandm to the city Attor- ney regarding the ordtlaance to accomplish street name change in Terramar. - Cmn. Grober reported that he had met with the contractor regard- the employment of an iirssistmt building inspector; that there were few present but thhy were agreeable to going along with whatever arrange- ments could be made at this time, under the clrmstasjces, He stated that since the meeting was held i?¶r, Ewald had contacted him and said he would be happy to assist Mr. Barter as long as he was needed, at $200 .OO -per month for half-time, and $25.00 per month for the use of his car, ff needed, and could start any time, MF, Barter was asked to con- ment and state he approved the idea, as it would give him more time for Public Uorks matters. After discussion, Cm. Ede proposed the adoption of a resolution authorizing the hiring of Hr. Eax Ewald by the City, at a salary of $200.00 per month for half-time, and $25.00 per month for the use of his car if needed, to 'serve under Mr. Barter's direction, to expedite issuing permiSs md making inspections, for an indetermin- ate period. Seconded by Cmn, Grober, All ayes, resolution adopted, determination of the matter of spptic tank inspections in Carlsbad, they would accept the certification of Mr. Barter on these matters. I Mayor 1"icClellan announced that the FHA has agreed that, pending The matter was brought up that Carlsbad does not require permits of plasterers and lathers, whereas Oceaulsifie does require them. The mat- ter was discussed bpt no action taken. Hayor IJIcClelfan announced that he aay be away from the City during the month-of May, and suggested that the Council name a Mayor pro tem to serve duringn his absence. Cm, Gpober moved that Cm. Ede act as Ediayor,pao tern, shouldl the Mayor be absent during the month of May, Se- conded by Cmn, Sutton. Four ayes, motion carried, There being no further business to come before the Council, Cmn. Grober moved for adjoumMent, seconded by Cmn. Ede, Meeting adjourned at 11:35 p. m. I A Respectfully submitted, v """"I""""~""~"-~~""~~-~"-~~"~"-~~*~-~"-~~"-~"~"""~ -f '%J flIWT?ES OF MEETING OF CARLSMD CITY COUNCIL - PkY 5, 1953 36 Meeting called to order at 7:05 p, m. by Acting Mayor Ede, Present besides the P'aayor weee Councilmen Castorena and Grober, City Clerk Ha-. gen, Public Works Director Barter, and City Attorney Smith. Absent, Cmn. Sutton and Mayor HcClellari. Cmn. Castorena moved that reading of the minutes of the meeting of April 2lst be waived. Seconded by Cmn, Grober. All ayes, motion carried. City Clerk Hagen read the following communications: Resolution from Carlsbad Chamber of Commerce expressing appreciation to and confidence in the Carlsbad City Council, and pledging the support of a@ CHamber in any endeavor fhs ZEe betberment of the commity. The City Clerk was requested to send a letter of thanks to the Chamber, Copy of letter from Carlsbad Chamber of Commerce to Mr. Wallace of the Division of Highways, pointing out that the new freeway does not have a turn-off or cloverleaf at Terramar Drive, whereas origin- al plans apparently so indicated, ayld asking that consideration be given to providing such an access, After discussion, duk- which it was brought out that any future light industry in the area would bene- I fit from such an access, Cmn, Grober moved that the Council write the Highway Department a letter in support of the Chamber's request. Se- eonded by Cmn. Castorena. All ayes, motion carried. &tetter from City of Turlock aWocatkng the Council meetings be 0- pened with an invocation, as is done in Los Angeles, Turlock and some other cities. City Clerk Hagen was .asked to reply to them, thanking them and advising that the idea would be given serious consideratian. burn over his property (portion of Lot 261, in Carlsbad Highlands, Cmn, Castorena was asked to convey this request to the Fire Department. Letter from Charles F, Stevens authorizing the Fire Department to Letter frog John Frenzel oommending Chief Palkowski and other mem- bers of the Police Department for their fine work, and expressing praise for the work of the City Council and City officials and their co-opera- tion with the newspapermen, The City Clerk was asked to write Mr. Fren- zel a letter of appreciation. Letter from Carlsbad Chamber of Commerce recommending that the Council make a study of the problem of stray animals'in Carlsbad and en- act necessary regulations. Letter from Oceanside-Carlsbad Humane Society, signed by Lucy B, Cbvez, enclosing copy of letter to Carlsbad Chamber of Commerce re- garding request of Animals Anonymous .gOr Comity funds. Cmn. Ede stated that he had discussed the stray animal situation wit'n Arnie Stringer and he had agreed to study the problem and present the Chamber with the results of his investigation, which would include msts of mainteYrance and control. Miss Chavea acas present and assured the Council that there was no intention of interference but that the Hwnane Society, a prop- erly franchised organization, felt that an investigation should be con-. ducted as to the activities and operational status of Anfmals Anony- mous before arly funds were allocated to it. After di,scussion, Police Chief Palkowski was asked to take over the chairmanship of a commit- tee to work with' Arnie Stringer and Miss Chavez on this problem, Police report for Apr61, 1953, indicating a total of 56 general cases processed and 79 traffic citations fssued. Honthly report of Volunteer Firemen for April, 1953. Cm. Castor- ena stated that the Fire Departtment is conducting a drill on Saturday afternoon, and if any of the Couslcilmen are interested ih watching it they would be welcome to do so. Letter from Division of Highways advising that when the new free- way is opened and accepted by the City, the old highway will be relin- quished to the City for maintenance; and that notice of intention to relinquish will be served at least 90 days in advance of relinquishment, The letter also aavised that the frontage roads constructed by the High- way Department would be offered to the City and asked that acceptance be indicated.by Resolution. Action was deferred for the present. City Clerk Hagen read recommendations from the Planning Commission, (1) That the application of B. H. and Jane Sonneman and the request as follows: of the Planning Commission for rezoning from B-2 to C-1 of 100 feet on 1; I 2.22 za 3q-l 4" ?22 ex I both sides of Elm Axenue froa the area pre-sentlr, zoned '2-1. to California State Highway XI-SD-23, be granted. Cmn. Castorena moved that the recom- mendation of the Planning Comnissi.on be accepted and a hearing set on the application On May 19, 1953, at 7:30 p. m, Seconded by Cmn, Grober, All ayes, motion carried, for the same siae and rear yard setbacks in Zone R-lB as in Zone R-2, Cm. Castorena moved that the City Attorney be instructed to draw up a31 Ordinance accomplishing this change in setbacks in Zone R-LB. ' Se- conded by Cmri, Qrober. All ayes, motion carried. a local street which the Planning Conmission feels could not become a mjor street, may, at' the discretion of the Planning Conmission, be 8 minimum of 50 feet wide. Cm. Castorena moved that the City Attorney be instructed to draw an amendment to Ordinance 9025 providing for a 5O-foot width for a street under special circumstances. Seconded by Cmn. Grober. A1L ayes, mot3on carried, (4) That the &dminfstrative Ordinapce 1006 be amended to remove $he Council nelnber froin the Planning Commission, After discussion, Cm, Grober moved that the City Attorney be directed to draw up an amend- ment to Ordinace 1006 providing that the City Council cember be dropped from the Plming Commission, Seconded by Cm;. Castorena. All ayes, moti6n carried, (5) That the Plarming Conmission be composed of' seven appointed members and one or more City employees as ex-offfoio members, and that . the seven appointed members only have the vote. After discussion, Cm, Castorena moved that the City Attorney be directed to draft the neoes- sary amendment to Ordinance 1006 to provide for seven appointed members on the Planning Commission and one or more City employees as ex-offi- olzo members, the ~ appointed members only to have the vote. Seconded by Cmn. Grober. AI1 ayes, motion carried. (6) That an emergency ordinance be adopted prohibiting trailer occupancy, without proper sanitary facilities, in the City of Carls- bad; and that no tent shall be used as a dwelling in the City of Carls- bad except on special permit from the City Council, for use during the course of construction of a permanent dwelling for applicant*s om use. The City Attodg stated that a proposed traller ordinance has been set up which he believes-embodies all the recommendations of the Plan- ning Commission, which could be adopted as an emergency ordimnee, Copies wem passed to the members for study. Cmn. Castorem moved that the City Attorney be directed to draw up Ordinance 6020 as an emergen- cy ordinance. Secondhd by Cmn. Grober. All ayes, motion carried, (7) That. the City Council, approve the application of E. Thatcher, et al, for reolassification from E-2 to R-LB of ay1 area describe& as follows: north boundary, Tamarack'Street; east boundary,.Cafifomria State Highway XI-SD-2B; south boundary, the .southern boundary of Thum Lands; west boundary, the center of the Atehison 8c Topeka i% Santa Fe Railroad right-of-way. After discussion, Cm, Castomna moved that the reeommendatfon of the Planning Commission be accepted and that a hearing be se6 on May 19, 1953, at 7:45 p. m. on the application of E, Thatcher et a1 for reclassification from E-2 to B-lB of the area described in the application. Seconded by Cmn. .Grober; all ayes, mo- tion carried, (2) That sections 6 ecnd 7 of Ordinance 9018 be amended .to provide (3) That an amendment to Ordinance 9025, be adopted,. providing that Proposed Ordinance 1018 gmnting gas franchise to the .San Diego Gas & Electric Company.CrnCCas€o~3m moved the adoption ,of Ordinance XOD,, granting $zgaSi$b fmuichise to the San Diego Gas & Electric Com- pany. Seconded by Cmn. Gmkr&& Ayes, Can. Grober, Castorem, Act- ing Mayor Ede , Nays, none. Absent, Cmn. Suttoq myor KcClella. Isir, Evms of the Sas Diego Gas & Electric Company elrpressed the appreoia- tion of the company to the City Council for their co-opera5ion and ef- ficient handling of these two franchise matters. FS-1 reading was given proposed Ordinance 1019, granting. elec- - I tric franchise to the San Diego Gas 8i Electric Company. Cmn. Grober moved the adoption of Ordinance 1619, granting electric franchise to the San Diego Gas & Electric Company. Secondhd by Cm, Castorena, Ayes, Cm. Grober, Castorena, Acting Mayor Ede. Nays none. Absent, Can. Sutton, kyor McClellan, Mr. Evans of the Sari Piego Gas & Elec- trPc Company expressed the appreciBtion of the company to the City Coun- cil for their co-operation and effecient handling of these two fran- chise matters. ' City Clerk Hagen read a Resolution of Intention to create Terramar Lightdng District, . City Attorney Smith'.outlined the procedure to be followed, stating that an official call for bids must be issued and bids submitted to the City Council, to be opened on June 3rd at 10 a. m, 3 E?. He also explained to PSrs. V. L. Scritsrneier and Mrs. Wayne. Stuart, resi- dents of Terramar the length of time which would be reqtiired and other points about which they inquired. Cm. Castorena moved that the Besolu- tion creating Terramar Lighting District be adopted. Seconded by Cmn. Grober. Ayes, Cmn, Grobep, Castorena, Acting Mayor Ede. Nags, none. Absent, Cm, Sutton, Mayor HcClellan. Resolution adopted. Final reading was given proposed Ordinance 9020, changing zone of portions of Alles Avocado Acres from R-1. to B-2. Cm, Grober moved that proposed Ordinance 9020 be adopted. Seconded by Cmn. Castorena. Ayes, Cmn. Grober, Castorena, Acting Mayor Ede. Ways, none. Absent, Cmn, Sutton, Nayor HcClellan. Ordinance adopted, Cmn. Castorena moved that first reading of Proposed Ordinance 9023, changing zone of an area bounded by Las Flored Drive, California State Highway XI-SI", Laguna Drive, and the easterly boundary of Buem Vis- ta Gardens and the southerly and northerly prolongations thereof, from Zone R-1 to Zone R-lB, be waived. Seconded by Cm. Grober. All ayes, motion carried. Ordinance adopted. Cmn, Grober moved that first reading of proposed Ordinance 7017, changing names of certain streets in the City of Carlsbad, be waived, Seconded by Cmn. Castorena. All ayes, motion carried. City Clerk Eagen read proposed Urgency Ordimace 2009, control- ;Iring open fire burning 5n the City of Carlsbad, Cmn. Castorena ex- plained that the City Attorney is preparing a regular fire control or- dinance but that it may be sometime before it oan be adopted, and that this urgenay ordinance woad serve as an fnserim measure. Fire Chief Luther was present and was asked to comment. He stated that it is the earnest desire of the Fire Department that no burning be done between' the hours of 7 a. m. and 5 p. m. as that is the windy period of the day:, and also the hours when fewest firement are available by reason of their employment. Cm. Castorem moved the adoption of Urgency Or- dinance 2009, controlling open fire burning. Seconded by Cmn. Grober. Ayes, Cmn. Grober, Castorena, Acting Hayor Ede, Nays, none. Absent, Can. Sutton, Mayor F/lcClelh. Ordinance adopted. It was suggested that the City Clerk and the Eire Chief confer and work out some sort of burning pemnit form, City Clerk Hagen read proposed Urgency Ordinance 2006, amending Ordinance 2005, revising residence.requirement of new recruits of the Volunteer Fire Department. Cm. Castorena moved the adoption of Ur- gency Ordinance 2006. Seconded by Can. Grober. Ayes, Cm. Grober, Cas- &orem, Acting Mayor Ede, Nays, none. Absent, Cmn. Sutton and Mayor PlcClellan, Ordinance adopted. After a 15-minute recess, the Council was reconvened at 9:lO p. m. City Clerk Hagen read a.letter From Bruce Sihith reminding the Cow- cil that the authorization of his employment as City Attorney had ex- ' pired on April 30th. cmn. Castorem propose& a resolution that the em- ployment of T. Bruce Smith as City Attorney be continued until the end of the fiscal year, June 3Oth, at the present rate of pay. Seconded by Cmn. Grober. Ayes, Cmn, Grober, Castorena, Acting Nayor Ede. Nays, none, absent, Cmn. Sutton and Mayor M&lellan. Resolution adopted. City Clerk Hagen read a Besolution authorizing a contract betweell attozmeys O'Melvany & Plyem and t.he City of Carlsbad, covering legal service in connection with the City's Application for amexation to the Mater Authority. Cmn, Castorena moved the adoption of the Resolution authorizing the contract w.ith O'Melvany & Myers. Seconded by Can. Gro- ber. Ayes, Cmn. Grober, Castorena, Acting Mayor Ede. Nays, none. ' Absent, Cm. Sutton, Mayor MeClellan, Resolution adopted. City Attorney Smith read a Resolution calling for bids on Terra- mar Ligh$ing District. Cam, Grober moved that the Resolution calling for bids for Tesraaar Lighting District be adopted. Seconded by. cmn,' Cagtorena. Ayes, Cmn. Grober, Castorena-, Acting Nayor Ede. Nays, none. Absent, Cm. Sutton Mayor McClellan. city Clerk Hagen read a Resolution approving plot plan and lot de- sign as submitted by G, C. Hill, 3643 Adams Street. After Ziiscussion, emno mmp +,me~ed; :-Cm, &storen+ -seconded, z%&t the Resolution approv- :ipg,the lot'design submitted by G. C. Hill be approved. - Ayes, cmn. (31-0- L-. .. . ,. 1: ber, Castorena, Acting Mayor Ede, Nays, none, Absent, Can. Sutton, Hay- or PlcClellan, Resolution adopted, City Clerk 'Hagen read a Resolution accepting dedication of the pri- vate road in Buena Vista Gardens by Ray and Es%her Halsey, et al. C&. Castorem moved the adoptioxi of the Resolution accepting dedication by Bay ad Esther hlsey, et al,, of the private road in Buem Vista Gar- dens. Seconded by Cm. Grober. Ayes, Cm. Grober, Castorena, Acting Hayor Ede , Hays, none. Absent, Cmn. Sutton, Mayor McClellan. Besolu- tion adopted, City Clerk read proposed Urgencr Ordinance 9022, amending Ordinance 9005 by deleting fcom Section ll=(a)-2 of said Ordinmce 'auto camps" ae a permitted use. Chm, Castorena moved the adoption of Ordinance 90.22 amending Ordimmce 9005 by deleting permission for auto camps in C-1 zones, Seconded by Cmn. Grober. Ayes, Cm. Grober, Castorena, Actt- ing Playor Ede. Nays, none, Absent, Can, Sutton, Mayor NcClellan, Ordinance adopted. I Cmn. Castorena reported that the firemen are working on the Strom- berg garage and expect to have it ready for the Department's occupancy ?< i. : by June 1st. :?pa 23 vice in which to answer and show cause why permission to sue should not ec be granted in the, Patterson case, He stated that he may have to go to ..r= City- Attorney Smith reported that he has 15 days from &ate of ser- either Sacramento or Saa Fraacisco on the case, incurring some addition- al expense, After discussion, Cm, Grober moved that the City Attorney be granted necessary ewenses to go to Sacramento or San Francisco on the lawsuit in question, Seconded by Cmn. Castorena, All ayes, no nays, motion carried. The Cfty Attorney also stated that he felt there was good grounds for expecting that leave to sue would not be granted; that he had received Xkmb Bez-kMeLees every co-operation in aocwnulating the necessary information, He also stated that both he and Mr. Williams had petitioned to get, the Williams case moved up on the calendar, F' City Clerk -Eiagen summarized an opinion that the City Attorney had I given in the Foster & Eleiser matter, to the effect that outdoor adver- tising is a permitted use in C-1 and C-q zones, .. Mr. Barter reported that Barber a Breederi are to be out this week to- fix the bad spots in the paving. He also stated that he is proceed- ing with repairs to the streets as far as the available funds($1700,00) will go, Cmn, Castorena stated that he had been approached by Hrs. E: C. Anderson, whose husband desired to take out a homeowner's plumbing permit, stating that they had had difficulty in making contact with Mr. Barter. Nr, Barter stated that he was in process of editing a copy of the County examination and would talk it over with.J!lr, Snyder and some of the other plumbers and get it ready as soon as possible, City Clerk Hagen read copy of letter to the Bank -of America from the FHA, stating.that they would accept the certificate of Carlsbad of- ficials on their Form 2218 regarding sewage disposal, The City Clerk was asked to reply to the letter, 'Acting Hayor Ede reported that a traffic hazard exists on Ooean A- venue at the Hotel, due to cars being parked along there, leaving @st enough room for one car to travel.. Chief Palkowski stated that the Ho- tel people are willing to buy 'EJo Parking" signs if the City will gZve them permission to post then, I Acting byor Ede stated that he understood that the Police Chief had incurred some expense for repair work on his car which is being used as the Police car, It was decided that the Chief should submit a bill for expense incurred, for reimbursement by the City. There betng. no further business to come before the Council, em. Castorena moved for adjournment, seconded by cmn, Grober. All ayes, meeting adjourned at 1O:OO p, m, Respectfully submi,tted-, v EDMABD G. HAGEN, ..40 HINUTES OP I!EETING OF CARLSBAD CITY COUNCIL Ras 19. 1953 Meeting was called to order at ?:OJ Po m. by Acting IqaYor Ede. Present besides the Acting &yor 'Were COUnCilm3n Sutton, arober, City Clerk Hagen, Public Works Director Barter, CftY Attorney Bruce Smfth, md Police Chief Palkowski. Cm. Sutton moved, cl.m. Grober seconded, that reading of the min- utes of the meeting of May 5th be waived. All ayes, motion Carried. City Clerk bgen read the following commuUlic5atAons: Inv.&tation from the aity of El Cajon to attend the opening of the new fire and police stations on May 223rd. - Chief Palkowski stated that some meIliber of the Police Department will attend. Letter from the Carlsbad Sanitary District advising that the con- tract for city trash collection with George K,raft had been extended for another quarter, 'until June 30th, 1953. Letter from Carlsbad PSutual Water Company enclosing copy of letter to the Chief Architect from FHA regarding proper distance between water and sewer systems, and copy of letter to B. A. Bilich, sewer contrac- tor. Letter from the City of Turlock suggesting that a member of the Min- isterial Union be asked to attend Council meetings to offer opening prayer, City Clerk Hagen offered to contact the ministers -and see what can be worked out . Letter from Division of Highways advising that it was considered la- practical to construct the requested access at Terramar Drive at this time, but that the matter would receive continued study. Can. Grober reported that the Chamber of Commerce had received a similar reply to their letter, and that they were writing a letter to the Sacramento of- fice. It was decided to defer action until the Chamber receives a re- ply from Sacramento. . .. Letter from the Department of Public Health suggesting that the Council adopt an ordinance similar to comparable County ordlnmces so that the health agreement between the City and the County may be proper- ly carrfed out; also stating that Dr. Askew will be happy to meet with any official designated to clarify this matter. City Clerk Hagen stated that he would confer with Mr. Irby, County Health Inspector, and get his views on tle situation. Letter from the Division of Highways, signed by Mr. Beuthel, ask-- ing for extra copies of Ordinances 1018 and 1019 grading gas and elec- tric franchises to the San Diego Gas t?~ Electric Company. City Clerk was asked to h.aad.3.e. copy of letter to Oceanside-Carlsbad Hwnane Society from the Coun- tY of sayl Diego stating that the preliminary budget approved by the Board of Supervisors for 1953-54 inoludes no a propriation for the pqr- pose of assisting humane societies, although t i! e Count has a contr e with& the Escondido Humane Society for their services fn enforcing %e County t s dog control ordinance. frirs Grace McKelRey from Animals hony- mous was present, stated that no request for funds had been made by her organization and read a clipping faom the Oceanside Blade-Tribune in which she felt the position of her organization had been misrepresented. Lucy Chavez was present and stated that has organization, the (bean- side-Carlsbad Humane Society, was dedicated to the welfare of animals and would co-operate and attempt to work harmoniously with any other group having the same aims and purposes. Chief Palkowski, as Chairman of a committee appointbd by Acting Mayor Ede to study the stray animal situation in Carlsbad, announcled that a meeting had been set up for next Tuesday evening at 7:30 at the City Hall, and invited %-s. McKel- vey and any other persons wishing to co-operate with the City of Carls- bad. Cmn. Grober explained that he had attended the meeting of the Chamber of Commerce in which this subject had been initiated, and re- called that Nrs. HcKelvey had stated that her organization would be grateful for even $25.00 per mohth to help defray expenses of caring for Carlsbad animals, and that possibly her remarks had been miscon- strued.