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HomeMy WebLinkAbout1953-05-19; City Council; Minutes46 MINUTXS OF EiETING OF CARLSBAD CITY COuT\sCIL PIay- 19. 1951 Meeting was called to order at 7:05 P. a. by ActiW *'laYor *de* Present besides the Acting &gOr Were COUCilmen Sutton, Gyober, citY Clerk Hagen, Public Works Director Barter, City Attorney Bruce Smfth, and Police Chief Palkowski. Cmn. Sutton moved, cm. Grober seconded, that reading of the min- utes of the meeting of Nay 5th be waived. All ayes, motion carried. City Clerk bgen read the followbg comnuniCat.ions: 1nv.L.tation from We City of El Cajon to attend the opening of the new fire and police stations on May 2,jrd. - Chief Palkowski stated that some member of the Police Departnent ruill attend. Letter from the Carlsbad Sanitary District advising that the con- tract for city trash collection with George Kraft had been extended for another quarter, until June 3Oth, 1953. Letter fron Carlsbad Mutual Water Company enclosing copy of letter to the Chief Architect from FHA regarding proper distame between water and sewer systems, and copy of letter to R. 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 fron Division of Highways advising that it was considered in- practical to construct the requested access at Terramar Drive at this time, but that the matter would receive continued study. Cmn. Grober reported that t'ne Chamber of Commerce had received a similar reply to their letter, and that they were writing a letter to the Sacmaento of- fice. It was decided to defer action until the Chamber receives a re- ply fro3 Sacramento. .. Letter from the Department of Public Health suggesting that the Council adopt an ordinance similar to comparable County ordinances so t'mt the health agreement between the City and the County may be proper- l;p carried out; also stating that Dr. Askew will be happy to meet .with any official designated to clarify YMs matter. City Clerk Hagen stated that he would confer with Plr. Irby, County Health Inspector, and get his views on the situation. Letter from t'ne Division of Highways, signed by Iilr, Beutbel, ask-. 4ng for extra copies of Ordinances 1018 and lOl9 grant'ing gas and elec- tric franchises to the San Diego Gas & Electrlc Company. City Clerk was asked to Male. Copy of letter to Oceanside-Carlsbad Hunane Society from the Courm- tY of sayl Diego Stating that the preliminary budget approved by "ne Eoard of Supervisors for 19-53-54 includes no a propriation for the pup pose of assisting humane sooieties, although t i! e County has a contr Qt witl& the Escondido Humane Society for their services in enforcing &e County's dog control ordinance. Mrs Grace FIcKelvey from Animals Anony- mous was present, stated that no request for funds had been made by her organization and read a clipping from tfie Oceaaside Blade-Tribune In which she felt the position of her organization had been misrepresented, Lucy Chavez was present and stated that has organization, the ocean- 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 Chairam of a committee appointed by Acting Mayor Ede to study the stray animal situation in Carlsbad, amouncsd that a meeting had been set up for next Tuesday evening at 7:30 at the City Hall, and invited lqrs. McKel- vey and any other persons wishing to co-operate with the City of Carls- bad. Cmn. Grober explained %hat he had attended the meeting of the Chamber of Commerce in which this subject had been initiated, 'md ra- called that Nrs. 1"lKelvey had stated that her organization would be grateful for even $25.00 per month to help defray expenses of caring for Carlsbad animals,. and that possibly her remarks had been niscon- strued. 1. < City Clerk Hagen read Notice of Public Hearing on the application of B, H, and Jane Sonneman and the Carlsbad Planning Commission for reclassifica- . tion from B-2 to C-1 of 100 feet on both sides of Elm Avenue from the presently zoned C-l. to the Cal$fornia State Highway XI-SD-2B. There weye no protests, Cm. Grober moved that the City Attorney be instructed to draw up an ordinance accomplishing this zone chaage. Seconded by Cmn. Sutton. All ayes, motion carried, City Clerk read the following recommendations of the Planning Com- (I) That the City Council approve the application of Manuel Flores mission: for variance to errnit reduction of side yard setback on both sides from 5 feet to 2 B feet on property at 3155 Boosevelt Street, Arnie Stringer, member of the Planning Commission, was present and explained Mr. Flores' plan to raise Us house and put a.fomdation under it, equal- izing the setbacks on both sides to 2*feet each. There were no written or oral protests. Can, Grober moved, seconded by Cm. Sutton, that the request of Manuel Flores for variance be approyed, in accordance with the.,recommendation of the Planning Commission. All ayes, motion carried. (2) That the City Council join in the County plan for zoning fringe I 32 areas. Robert Sutton, member of the Planning Commission, explained that !32 the aim of the plan was uniformity of zoning between adjoining City and :$ urban areas, Cmn. Grober moved, Cmn. Sutton seconded, that the recom- 4 mendation of the Planning Commission be accepted and that the proposed 3 EesQ&ution attached to the letter f3cm the Planning Congress be adopted, * Ayes, Cmn. Sutton, Grober, Acting Hayor Ede, Mays, none. Absent, Cmn. Castorena, Mayor &Clellaa, outdoor advertising be declared a permittea use in C- and W- zones be forwarded. to the Council for-:act%on, together with the legal interpreta- tion of the City Attorney that such activities are permitted in C-1, C-1, H-1 and M-2 zones, with the notation that the Planning Co-ssion cannot find such an implication 3m Section 11 (81-2 of ~rdinance 9005. The City Clerk also read the said legal opinion. It was agreed that the information could be given Mr. Huggett of Foster QI; Kleiser over the telephone. (3) That the letter from Foster 8s Kleiser asking that commercial I City Clerk kgen read the Notice of Public Hearing on the applica- tion.of E, Thatcher for reclassification for E-2 to R-1B of the area bounded on the north by Tamarack Street; on the north by Tamarack Street; on the east by the California State Highway Xl-SD-2B, on the south by the southern boundary of Thum Lands, and 0x1 the west by the center of the Atchison, Topeka Lk Santa Fe Railroad right-of-vray. Mr. E, Ogborn, I4r. E, TPrask and Mrs. Nyke Lewis were present, not formally objecting but stating that they felt things wepe rnov&ZIg too rapidly in rezoning from acre lots to 6000-square-foot lots. Hr, Thatcher stated that his plans called for minimum lots of 7200 square feet on one siae and 11,000 square feet on the other, .It was pointed bht that another application had been filed for reclassification of a portion of this area to R-2, approval of which has been recommended by the Planning commission, but it was agreed that discussion should be confined to the Thatcher ap- plication since a hearing had not been set on the Gallinger applica- tion, The master street plan was studied and potential streets thzough the area discussed. Cmn, Orober moved that the ap lication of E. Thatcher for reclassification from E-2 to R-lB of the areagdescribed, be refer- red back to.the Planning Commission for further study, Seconded by Nrs, Sutton. filr, Thacher stated that such a delay would dismpt his financial 6irrangements and force him to withdraw his application. Vote on the motion: ayes, Cm, Sutton and Grober, nays, Acting Mayor Ede: Hotion lost. Acting Mayor Ede stated. that his nay vote was proppted by his feeling that at this time only the rezoning matter was before. the Council for decision, ana since there was only one objection bo the rezoning from E-2 to B-lB, he would be in favor of the reclassifi- cation. After further discussion, Cm. Grober moved, Cmn, Suttond se- conding, that the City gttorney be instructed to draft an ordmce ac- complishing the reclassification of the area described in the Notice of Public Hearing from Zone E-2 to Zone B-IB. All ayes, motion carried, I Pmn. Grober moved that the application of the Gallinger Construc- tion Company and Edwin M. hd Nancye H. Sherman for reclassification from E-2 to B-2 of a portion of Tract 237, Thum Lands, be set for hear- ing on June 2, 1953, at 7:3O p. m. Se@onded by Cm. Sutton, All ayes, motion oarried. City Clerk Hagen read the Acceptance of Gas Franchise granted by Qm3inance 1018, and the Acceptance of Electric Franchise granted by ordinance lpl9 , 4.:$ $$$I!$ City Clerk Hagen read a Resolution Approving Bond executed b San Diego Gas & Electric Company in connection with Ordinance 101g. 'rnn. Sutton move Cm. Grober seconded that said Resolution be adopted. Ayes, Cm. $&ton, Grober, Acting Mayor Ede, Nays, none. Absent, Cmn. Castorem, Nayor McClellan, Resolution adopted. City Clerk Hagen read a Besialution Pccepti :Bond executed by San Diego Gas & Electric Company in connection ith v rdfnance 8$lg. cn~l, Sutton moved, Cmn, Grober seconded,$$ $&f,/$~&$b$ that said Resolution be adopted. Ayes, Cm. Sutton, Grober, Acting Mayor Ede. Nays, none. Absent, cm. Castorena, Mr. Hirr .of the Sa,n Diego Gas & Electric Company was present and expressed appreciation to the Council for their co-operationin expedit- ing these franchise matters. The City Clerk read a letter written to Tony Tyson by Police Chief Palkowski expressing appreciation a$ the Department for his alertness and co-operation whichassisted polioe in solving the Terramar burglary. It was suggested that the City write a similar letter of appreeiation to the boy. City Clerk kgen read a recommendation of the Planning Commission tbt the memorandum regarding the special meeting of the members of the Planning Commission with Dr. Wilcox of State University be forwarded to the City Council for its information. It was suggested that the mat- ter be handled by the City Clerk, City Clerk Hagen read the recommendation of the Plautning Commis- sion that the proposed Ordinance #6020 be approved by the City Coun- cil as amended by the Planning Commission. Action was deferred to af- ford more study of the Ordinance, the amended copy to be passed among Council members, A. W. Pahl, Jr., outlined steps taken and to be taken by the Cham- ber of Commerce in an effort to secure an access to the Freeway at Ter- ramar. He stated that it was his belief that if these accesses were constructed they would be used by at least 100 cars per day, whemas there are at present two accesses at Ponto where the volume of traffic using them is,practically nil. He stated that Terramar residents were signing a petition, and they are also asking the Northern San Diego Chamber of Commerce to write to Sacramento and would like very much to have the City council write a similar letter to the State Highway Com- missioner. The possibility of a heavy demana for such an access, wLth ~ the development of a light industry area down there was dlscussed, and em. Grober suggested that the City write a letter to the Highway Commissioner at Sacramento setting out the need for such an access for these purposes)C, to which other members Greed, , City Clerk Hagen read a recommenda$ion from the Planning Commis- sion submitting to the Council the proposed budget of the Commission for the fiscal year 1953-54. Referred to the Finance and BuBget Com- mittee. I_ Tad Pahl extended' the appreciation of Terramar residents for the Police Department's .prompt action in the burglary in Terramar. The City Clerk reported that a recommendation had been made that an ordinance be passed requiring corners to be kept free enough from trees and shrubs to enable vehicle drivers to have clear view at cross- ings% City Clerk Hagen also reported that Finis Johnson of 2637 Jeffer- son has requested the removal of three acacia trees from in front of his property, which are in a dying condition, the roots of which are forc- ing the sidewalk upward and breaking it, causing a potential cause for damage sul;ts. It was decided that since the City Attorney is in pro- cess of preparing an ordinance creating a Parks and Recreation Commie- Bfon, this matter should be deferred until such time as the ordiance is adopted, It was decided, upon a suggestion of C.ity Clerk Hagen, that the Planning pornmission should be requested to initiate a study of a31 ordin- ance requiring permits for keeping certain types of animals within the City limi.ts, 'involving holding a public hearing before granting a per- mit. : 'IL Second reading was given ~rd3aance 7017, changing names of certain stree.t;s in the City of Carlsbad. Crnn Grober moved, Cmn. Sutton second- ing, that Ordinance 7017 be adopted. Ayes, Cm, Grober Sutton, Acting Mayor Ede, Nays, none, Absent, cmn. Castorena, Nayor kcClellan, Ord- inance adopted. Sedond reading was given Ordinance 9023, changing zone of certain portions of the City of Carlsbad, Cm, Sutton moved, Can. Grober second- ed, that Ordinance 9023 be adopted. Ayes, Cmn. Sutton, Grober, Acting Wayor Ede Nays, none. Absent, cm. Castorem, Mayor PlcClellan.. Ordin- ance adopted, I Proposed Ordimnee 1020, repealing Ordinance 1006 establishing 8 Planning Commission, was summarized. Cmn. Grober moved, Cm. Suttone seconded, that ffrst reading of proposed Ordinance 1020 be waiged, All ares, motion carried. Proposed Urgency Ordimnee 3006 amending Ordbaace 3005 was read. Cmn. Sutton moved, Cran, Grober seconded, that Urgenoy Ordinance 3006 be adopted. Ayes, Cmn. Grober, SuttoQ, Acting Hayor Ede. Hays, none. x Absent, Cmn. Castosena, Mayor McClellan, kr.3 v@ qc B-lB, was surnarized. Cmn. Grober moved, Cm, Suttoon seconded, that 23 first reading of proposed &dimnee 9024 be waived, All ayes, motion e carried. Proposed Ordinance 9024, providing new side- yard setbacks for Zone Proposed Ordinance 9026 amending Ordinance 9025, changing width 6s streegs under special circumstances, was summarized, Cmn. Grober mosfed, Cmn. Sutton seconded, that first reading of Ordinance 9026 be waived. All ayes, motion carried. Proposed Ordinance lOZj creating a Parks and Recreation Commission was summarized, Crnn, Sutton stated that the State Recreation Board was going to send sample ordinances, and it was decided that it might be well to defer action until these are Peceltned. and studied, The City alepk was asked to write b, Pauley and ask for tae sample ordinances. Acting Nayor Ede reported that the Fire Department is mztking very I good progress on the garage . Cm. Sutton reported on the meeting with Mrs. Balm, County Libra- rian and Nr. McCeary, wherein an agreement was worked out to put a branch library in the City Hall, with about 2500 volumes or double the nunber of books in the library at present, the County to furnish the books, periadicals, equipment, and a branch librarian 18 hours per week, and the City to provide space, utilities and maintemce, Cm. Sutton also reported that Dr. Glilnes had ta1ked-with.the school board and thought it quite likely that the lot and building previously discussed could be given to the City, but that it would'require about-a year, as they were entering upon a State program which was rathep involved, Can. Sutton reported that the Water Committee has met and are pre- paring a statement for publication, She also reported that she, togeth- er with-Cmn, Grober and Acting mayor Ede, had met with the Board of Su- pervisors and made a request for a.lifeguard for one year, and also for a ramp to be built; that she will go down again next week for their de- cision, although she felt chances for obtaining the ramp were slight. Cmn, Sutton proposed that the City make a, request for any money that might be available for State beach areas by reason of the returh of the tidelands to the coastal States. City Ai;torneg.Smith advised that the best procedure would probably be for the Parks and Recreation Committee to. make the request to the States Parks Commission, After discussion, Cmn. Sutton moved that the City Cbrk write to Mr, Pauley for inf.ormt9on as to procedure for se6uringfunds from the State and that the City Attorney be instructed to draw up a Resolution requesting funds for the Ftate Beach, Seconded by Cmn. Grober, All ayes, motion carried . Cmn. Sutton proposed that the City Council go on record as oppos- ing the establishment of a prison farm on the southern boundary of the Cgty. After discussion, Cmn. Sutton moved, Cm. Grober seconded, that the City of Carlsbad enter a protest with the Board purchasing the land for this purpose, bg writing a letter to the proper State agency. Cm, 1 .4-4 ,' Grober stated that Mrs. Perry had called at his home and stated that they had been nagotiating.with the State for some time but that the mat- ter had been dropped since Vley had a;dvanced their price to $3OO,OO per acre. All ayes, itiotfonfioark8eIi. Cmn. Grober reported tht the Jefferson Street bridge 'will be open- ed very shortly and that residents of that area would like to have slow signs placed up there prior to that time* especially at the curve. Cnn, Sutton reported on a conference .with the .Army Engineers in which she, Paul Ecke, Paul Evans and Allan Kelly took part, in which they expressed aocord that a harbor was needed between San Diego and Newport and agreed that Carlsbad afforded a good possibility and facilities. She stated that since the San Diego Gas & Electric Company's plans inblude changing the bridge, it was hoped that the Army Enginers would come into the picture and raise the bridge to accommodate sailing boats. Cm. Sutton stated that, while it appeared nothing could be done at this time, the Engineers seemed very favorably impressed with the City's interest in the matter and stated that the matter would be kept in mind, Acting Mayor Ede stated that Bruce Smith and he had discussed the possibility of getting the Sanitary Board to take over the Christmas Tree Fund, but that the Board felt that they would not be able to do very much uti1 their present assessment is out of the way, after which they may be able to convince their attorney and their engineer of the feasibility of using the fund on the disposal plant, Cmn. Sutton.sug- gested that a meeting with the Sanitary Board be set up for sometime next week, to see what could be worked out. City Attorney Smith stated that in conversation,with Judge Monroe, the judge had stated that he would be willing to have the Distr$ct go ahead with a new l9ll Act as soon . as they make a showing that the present 1911 assessment has been consum- mated. Pk. Barter reported that during the last two weeks repairs had been made to practically all the streets in Carlsbad, grading those that have no pavement and ,gohng over the pavement needing repair, except Monroe Street. He stated that funds for this purpose, were now exhausbed and work on Jefferson and Magnolia would have to wait until after the start of the fiscal year. The question was raised as to whether more eoono- mica1 mearms could be found than operating with the County on the present basis, such as renting equipment or contracting with a private concern. City Attorney Smith stated that a man had iialked to him about such a proposition, stating he contemplated buying a grader and would like to put it to work for the City. There being no further business to come before the Council, Cmn. Grober moved for adjournment, seconded by Bmn, Sutton. All ayes, meet- ing adjourned, &$f?g$?f&d $f at 10:15 p. m, Respectfully submitted, v $' 4 / /'/ ,z ... {~&g'dEi$$ J 4- C&rk """"""""""""""""-"".""""""""""~-.~""-~- MINUTES OF IqEETING OF CARLSBAD CITY COUNCIL June 2. 19% Meeting called to order at 7:OO p. m. 'by Mayor McClellan. Present besides the Hayor were Cmn. Ede, Castorena, Sutton, and Gr-ober, City Clerk Hagen, Public Works Director Barter, and City Attorney Smith. Cmn, Ede moved that reading of the minutes .of the meeting of May 19th be waived. Seconded by Cm, Castorena, All ayes, motion carried. City Clerk Hagen read the following correspondence: LeZter from the Auditor's Office advising that the deadline for . reoeiving the City*s resolution for tax rates is the last week in August, and. that the Board of Equalization esticate of assessed va1ua't;ions will be available sometime in July. Mayor HcClellan reminded the Council that