HomeMy WebLinkAbout1953-10-20; City Council; Minutes1
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&ne under an .addenda fo .the.. S~tata*s-.c.ontaxmt with Bressi & Bevanda, After considerable 3icpcussLcm, -Cmn.. Ede-mooe-d. that Cmn. Chase be authep- ized, with the assistaace :... of.. the. Citg .C.lark.. and..Director of Public Works, to bargain with the Division of Highways to construct the cul-de-sacs proposed, indicating that-it is the City's intentton'to accept Pi0 Pic0 Driqe provided it is acceptable to the Director of Public Works as to construction, and to the Chief of Police in regard to traffic safety. Seconded by Crnn. Castorena. All ages, motion carried, Mayor McClellan added that .Mr. McCoy's letter outlining the proposals stated that It was contrary to their policy and-authority' to give away parcels of land for which they had paid right-of-way funds. .It was suggested that the City Clerk telephone Mr. Wallace at once, advising him of the action taken, so that he or someone he might designate could get together with Cmn, Chase and work out details on the matter. I Mr. Ewald' reported that he and City Attorney Smith had an appoint- ment next week to work on the sign opdinance, and hoped to have some- thhg to present at the next Council meeting.
On the matter of the water connection at %he Chestnut 'Avenue ped- V estrian -underpass, City Clerk Hagen reported. that the Water Cornparry will n probably install a blow-off there. * $ 2 Mayor protem in the ma%ter of signing documents, etc:, for a few days during his absence for a checkdup. Cmn-. Ede stated he would, and Cmh. Chase moved that Cm. Ede act as Mayor during Mayor McClellan's absence, Seconded by Cmn. Castorem. Three ayes, one nay, motion carried.
Nayor EcClellan asked if Cmn, Ed8 would .be available to act as
There beipg no further bu8ine.s~ .to come before the Council, C~O Castorena moved for adjournment, .seconded by Cmn. Chase. Meeting' ad- journed at 11:OO P,. M.
Respectf ally submitted,
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~o,~c~o~LcI~~~~~~~~~o~~~~~~~~~D~~~oo~ .x mmms OF MEETING OF CARLSBAD CITY comIL
OcWber 20,. 1953
Meetfag was called to order by gayer McClsllan at 7,:OO P. M. Present besides the Mayor were Cm. Ede, . Castwem, 'Suttora, Chase, City Clerk Hagea, Ebildhqg Inspactsr EooaM, City Attcbmeg Smith, Police Chief PalksVPeki
CW. Ed8 mooed that reading of the minutes @f the meeting of Octcs- her. 6th be Waived .. Sesonded by Cmn. Castorena. All 8ye1, motion ear- ri ed. ..
City Clerk Hagen read the f@llewing correspondence:
Lettel? from !I?. Bd, BegglaIsB enclesiag crspg of letter sent ts other cities of th4 County advising ef the initial steps taken to include the City OP Carlsbad in the county teletypewriter network; and statin$ that if the other partielpants respond favorably, fern of agreement will be Perwarded for ". actton by the City Council.
utter frem ~sse mg0 EI~. 1325, Oceanside, extanaag iititation te attend their fifth aaniv~rsarg.celebration 011 Sunday, October 25th; at 3:OO Po M., t@ be fellowed by buffet dimer and entertainmeat, Ceua- oflmn were asked te, take nota.
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.Letter trom..the Atchisoq, Topeka & Sanb $e Railroad enclosing cepief el? leas8 wvsring portisa of.rrailr.md property between Elm and Grand Avenues to be used for proposed off-street parking'plan, and advising 'that there-will .be no money involved. 'Deferred uti& later in the 'meeting
Letter from the W01nen's Club, asking that the City Cawcil take actic
910 Cibaning of vaoant lots at.the .@~~8r~~.exp8nse. To be discussed latar,
Lett82 from. Ray C, Clark, whose car m.s .damged by a f allj.agg limb at
State a@ GraM on October lst, asking .*at the City would do in regard
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to a bilb6f $70.00, which. is- the.. cast. .of repainting damaged parts @f the car. City Clerk Hagen stated..that-copy eP 'dr. Clark's letter had been forwarded to .&. .Fennel,...agent:for the insurance carrier,
Letter from V. $. Porcelain Enamel Company, replying to letter from the City clerk requesting two street nsme signs, Type C, explaZning that since Type ..C signs are out-dated and are used only as replacements in San Diego City and County, they do not handle hardware to attach them. The suggestion was also made that the City change to the more mdern Type H street me sign uslng 4* lettering. The Cdty Clerk was request- ed to ask the sign company to send us a sample of the Type H si@ for examination.
Recommendations from the Planning .Colmaission, as follows:
13) That %he application of X. E. Ebright for reduction .of side yard from 10 feet to 5 feet, .both sides,. on a portion of Lot 18, Pat- terson's addition, be approved, as the property presents topographical irregularities making it di'fficult to conf'om to zonin$ requirements. Moved by Cmn. Castarena, seconded by Cmn. Ede, that the recommendation of the Plan-g Commission be accepted.-and the request of IC, E. Ebright for variame granted.
side yard setback on 10 lots in Carlsbad Estates, such reductions vary- iw from 2 to. 4.feet, be approved, .Corn. Baumgartner of the Planning Commission was pre.sent and .stated that Mr. Tom Gallinger had explained that the architect drawing their plans was accustomed to ooorking .an the basis of the zoning requirements of the City.bf San Diego, whhh requires only 5 feet side yard Setback in an R-1 zone, which acctowted for the fact that meng of the houses'were so located on the lots that it was neoessary originally' to ask for a large number of varianoes, which they had been a'ble to cut down to 10 by moving the houses back'in some in- stantea and in others .turning them slightly. Cmo. Ede moved that the appllcation of: Gallinger Corporation for variances to allow reduction in &$de yard setback on 10 lots hi Carlsbad Estates, be granted, in acoord-
an08 with tbe recommendation of the ,Planning Commission. Seconded by Cma. Chase. All ayes, motion carried.
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(2) That the application of Gallinger Corporation for -reduction oi
rea cept due
(3) That the application of Melvfn and Jeannette Lull et al'for ning from E-2 to R-l of property described as all of Tract 245 ex- the westerly 150 feet,. and .all of' Tract 250, Thum Lands, be denied, to the. many,protests received and the general feeling in the area against' the rezoning, Mr. Lull was present and asked that a hearing on the matter be postponed untfl they could return from 8 proposed trip. ' Can. Ed0 moved that a hearing be'set.a-n.tbe epplicatioa of Mr. and Mrs. hljt on Movember .l7th, at 7: 30, P.. M, Seconded by Cm, Castorena, All 8$&s, motion aarried.
' . City Clerk H8gen read a questiortdaire from the Office of Civil De- fense in Sacramento regarding siren mverage of the City of Caelsbad, and asking whether the City would participate in the 1953-54 program to obain lOO$ coverage. Referred back to the City Clerk for haadling.
'City Clerk. read copy .of .letter written to Mr. Gabriel, business$ manager of the 04 Union High Sohool District, requesting clarffication of the Distrtct*s development plans in the are8 in which land is now being purchased for the construction of Carlsbad High Sohool, to assist the .Planning Commission and City CoWeil in iuture'planning.
about expending City funds on surfacing, etc., of the property cowered by the lease, even though it is merely a year-to-year lease, and stated it would b8 perfectly legal and proper .to do so. Bill Frya who intro- duced the project to the Council some months ago and has done much of the promotional work on it, reviewed the .sketch and stated that there was a discrepancy between the footage requested (30 feet) qrid %he 411tount specified in the Zease (21 .feet f whiah he would like to take up with their engineer, due here tomorrow, in 8n effort to get the other 9 feet. He stated that latest estimates on the cost of improalng and planting would .pun about rjb3jOO.00, which would include a retaining m11, chain link fence, a few steps, sone planting, and the sarfacing'of the alley itself. Robert Suttoa of the Planning Commission was present and commented that he felt that the plan should first be submitted to either the Planning Conmission or Parks and Recreertion Commission for study and recmmenda- tions before action by'the Council. It was agreed to refer the entire matter, with the proposed lease, vlthfch will be retuned by Mr. Fry to the
City offices by Monday, to the Plaaabg Colmmissiod for their study and recommendations to the eouncil .at Its next meting, N~wember 3rde
Referring back to the .Saata Fe lease, City Attormy Smith was asked
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City Clerk Hagen r.ead. Xo%i.cs..of. .I'Wc- Hearing on the application of Thomas L. Crom, et al, ~ f.or ..rezonbg..from-.R-2 to R-3 of property de? scribed as 'the northeas_terly 88..fetet~.o~,.Tracta ,201 anfi 202, Thm Lands, and all of Block A, Palisades ,... excsp%.-la%s-l, 2, 3, and 4. The area was outlined on the map. No one appear&, either proponent or opponent. After discussion on the question of whether q3.1 land-owners involved had had suffioient notice of the proposed rezoning, Can. Chase moved that the matter be continued to the next meting of the Council on November 3rd at 7: 30 PI M., to give the property owners an opportunity to express themselves. Se,coaded by Cmn, Suttan. All ages, motion carried,
Dan and Elizabeth Perkins et a1 for reclassification from E-2 to R-IA of prope*ty owners an opportunity to express.thems8lves. Secanded by Cmn. Sutton, All ages, motion carried.
Dan and Elizabeth Perkins et a1 for Peclassif'ication. from. E-2 to R-U of property described as all of Tract 244, Thwn Lands, except the westerly X50 feet . Ws, Perkins introdused her Nephew, HI?. M. Nielson of X045 Grand, who. stated, that the rezoning .was..initiated so that Mrs. Perkfns might transfer a half-acre of land to him, but, since be had no intention of building in the foreseeable future, if the land could be conveyed without rezoning it would be satisfactory to them to let th% .pre.sent zoning Pemain, in effect. City Attorney Smith stated that such a transfer could kegally be -de, but no building pernittea under present zoning. The Planniag Conmission recommendation of .approval was reviewed. After discussion, Cmn. Castorena moved that the application be referred back to the Planning Commission for further. study, Seconded by Cmn. Ede.. All ayes, motion carried.-
City Clerk Hagen. read Notice ok Public Eearing on the application of
City Clexk Hagen read Notice of Public Hearing on the application of
City Clerk Hagen read PBOtice of Public gearing on the 'application of Oscrar 0. Cross tor Certificate of .Public f3onvenieace and ?!ilecess.$ty. A report of the Chief of Police advising thaf his iavestigation had? fouml nothing derogatory either to the charaoter or moral background .of Mr. CDOSS was read. .W%lliam Daubney, ateorney for BBr. Cross, stated that Mr. CIWS intended to retain the same amber of cabs presently operating, which is four, and the same rates, and that there will be no change in operation except omership. Hr. Cross stated that he would keep to the sa? high standards set by Mr. Jones, and thanked the Council. for their consideration. After discassion, Cmn, Ed8 moved that .a Certltficate of Public Convenience and Necessitg be.granted to Oscar 0. Cmss as request- ed* . S80Onded. by Cm. Sutton. Five ayes, no nays, none absent, motion carried.
Ftobert Sutton of the Pleulning Commission displayed a large aerial map of t&e Garlsbad area, which he stated he had borrowed from the Di,ui- sion of Highways for use at a Planaiag Commission committee meeting on rl2hufsdag. Ea. stated. he had contacted Mr. Tern Caztright of Sacramento as to cost of .a duplicate of the mp (a mosaic ma,de up of IUlBterous small pictures) and that Nr. Wallace had stated that if the City. can secure the msp he would have his Department do the work.
Referring back to the letter .from the %omen's Club, City Attorney Smith stated that Mr. Oldham, Chairman of the Parks, Recreation, Beach and Tree Commission, had submitted to him a tentative minance prohibit- ing duping of trash, worked out by the Commissiua, and that they would met again on October 27th, at which tim they will consider the ordln- ance ib more detail and prepare recornendations for its final form. He stated the omlinanc8 would undoubtedlg.cover the request of the Women's Club,and it was decided to.reter .the Letter to the Parks bc Recreation Commission,
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Referring to the claim of Ray Clark.far damage to his car, City At- Torney ,Smith stated he felt it was purely a matter for handling by the insurance ooinpany. City Clerk Hagen.was.asked. to write Mr. Clerk that the letter had been referred to the insurance carrier.
Clarence Darrcugh, mad contractor of Cardiff, stated he was inter- ested in talking ov0r. the matter of street .maintenance in Carlsbad. He stated that he had all the necessary equiprnentaad knowledge of the work, and that his father, who has 33. years? experience in San Diego and Duper- +a1 Counties road departments, -was associated with him in his business. Z,t was suggested that a meting be set up .between Mr. Darrough, Mr. -Bisrter, Cmn. Chase and City Clerk Hagen to. discuss the matter, and Gmn. Chase agreed to calf Mr. Darrough when such meeting has been arranged. Bdr. Darrough complimented the. Council, upon the able manner in which City
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problems are being handled.
j . . .On the OU~M~~-SE~C ;propmitian., JItda.gor ... McCle1lan reported that Mr. Bra'dy had declined ..to .allow the ..High.... Department permiasion to do the surfacing on his property and, at,the request of the EIighway Department, he had talked with Mr. Brady, who had still declined and stated that the.State could file eminent domain proceedings if they wished.
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Cmn. Castorena reported on the painting of the City Hall, done by. volunteer labor of the fire and police departments, Vercel Tolles and two of his men, Howard Oldham, V. P. Vermilyea and Joe Apodaca. The Council expressed its thanks to the volunteer workers and also to the ladies who prepared and served then lunch.
Cmn. Chase reported that the Lincoln Street drainage project .is progressing nicely, Reporting on the meeting of the sewage disposal committee, he stated that on the 7th.his committee had met, Dr. Askew being present, and .that Dr. Askew had .requested q meeting with .the 0- csanside City officials to %alk,over the possibility of a joint plant, and had arranged such,a meeting, which took place on October 15th at Acapulco Gardens, but that very little had been accomplished, He.stated there would be another meeting tomorrow night. He commented that Dr. Askew gave the committee to understand that they are not going to push Carlsbad into anything, and strongly recommended that no hasty moves be made
City Attorney Smith,reported that he had received notice that the Supreme Court had denied the appeal. in the case of th8 County Treasurer
VS.~ City;. of Carlsbad and Carlsbad Sanitary District, sustaining the Su-' perior Court decision; that within a few days a petition will be filed and a hearing held with both parties present, at which time an order will be made outlining the powers and.responsfbilities of the City in connection wlth the matter.
. After a 10-minute recess, the Council was reconvened at 9:15 Po Ma
Be matter of procedure to be followed if the City should be noti- fied that the Sanitary District is to be dissolved and become part of the City, was discussed, and. it was agreed that the City Clerk and the Dir- ector of Public Works will immediately assume authority and responsibil- ity for the pla'nt. The- Mayor commented that some property owners wish to pay up their bonds, but that the County has withheld issuing' the bonds because of the Court action, and that it would seem important that the matter be cleared up so that those who wish might pay up their ponds. He also suggested that it would be desirable to review the several cases in which two or more owners were joined in a,single bond, a matter which should be remedled if the matter comes to the City.
sion, which. Ordinance was never passed by the Council, were brought out and re~iewed. It was pointed out that it seemed rather unfair that the members of the Sanitation Commission should be paid when members of all other Commissions serve without remuneration, Cmn. Chase offered to bring up this maLter with members of the Sanitary Board who would be asked to serve on such a commissiofs. The suggestion was made that per- -haps the Sanitary Board wuuld serve in an advisory capacity for two or three months, or'until the transition could be made, or, if not the en- tire Board, at least the secretary, Charles Ledgerwood, and either Mr. Anthony or Mr..Anderson. Cmn, Chase volunteered to contact all the mem- bers of the Sanftarg Board on the matter. Mayor McClellan stated he m- derstood that the line under the railroad has been replaced and that the effluent was flowing out by gravity, and apparently some of $he urgency has been relieved. It was decided to leave the matter in Cmn. Chase's hands. -
Copies of the proposed Ordinance setting up a Sanitation Commi-
Cmn. Chase reported that the-engineer from the Gas & Electric Com- pany is working on a combined lighting district but that the proposal will not be ready for about six or eight weeks.
City Clerk Bagen asked for instructions on the Tuttle Street mat- ter, as it was necessary for the Highway Department to know whether the street is to be 40 feet or 60 feet wide. It was suggested that the Coan-
%y standard as to curb locations on a 6O-foot street be checked, and the suggestion made to: the San Diego Gas & Electlcie Company that they set their pole just inside of what would be the curb on a 60-foot street.
Cmn. Chase stated he understood that the Highway Department planned to begin the grading in about a week.
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Mayor McClellan offered.. the. rec.ommenda.tion of Mrs. Suttgn .of Mrs. Day F. Christiansen-as a member of.. the..Parks,.. Recreation, Beach, and Tree Commission ~OP 8 term. expiring..Augus.t .._. 8,. .1956, Cm, $de moved, em,, Chase seconded', that the appointment of Mrs. my F. Christiansen to .the Parks, Recaeation, Beach and Tree Commission for a term ending August 8, 1956, be approved, All ayes, motion carried.
Cmn. Castorena, reporting on the EiPe Department, stated that the phone numberfor fire calls has been changed to the Forestry Service, 2992, which should result in false alarms being reduced to a minimtun, while actually affording 24-hour service.
I Reporting on the folice Department, Cmn. Castorena stated that a Narcotics Seminar is to be held 'in San Diego on October 21st, 22nd and 23rd, which all. the regular officers will be, required to attend, and as many of' the reserves as can go. Cmn. Castorena stated he plans to attend.
Regarding the housing of equipment, Cmn. Castorena displayed a sketch drawn by Bob Hardin, Fire Chief; of a building 52' x 869 which :x would house the equipment of both d8parf~~ntS and provide meeting room,
1-C dormitory, kitchen.and bath for the Fir8 Department, and squad room,
7 office and toilet facilities Bor the,Poitice Depa,rtnent. Bob Hardin was e present and explained his sketch, pointing out possibilities for future iJ
d expansion, The matter of a site and the question of whether the old civic center site committee should be reactivated, was brought up. It was agreed that a new committee be formed, and Cw. Castorena moved that ,Cm. Ed8 be authorized to name a new committee to consider sites and re- port back to the Council their recommedations. Seconded by Cmn, Chase. All ayes, motion carried.
Mr. Ewald reported that the Chamber of Commerce has sent a letter to the Board of Supervisors requesting th8t Carlsbad be given consid- eration for the location of the Superior Court for Northern Sen Diego County, and would appreciate the Council sending a letter in support of their request. after discussion, Cmn. Sutton moved that the Bdayor be authorized to write 8 letter to the Board of Supervisors requesting that considsration,be given Carlsbad as a location for the proposed Su- perior Court for Northern San Diego County. Seconded by Cmn. Chase, All ayes, motion carried. Hayor McClellan pointed out that the editor of the Carlsbad Journal had initiated this move by an editorial.
bad 'Lands, and Parcels 1, 2, 3, and 4 of Tract 115, Carlsbad Lands, from Zone R-f. to Zone R-2, m8 summarized. Cmn. Ede moved that this be con- sidered first reading of proposed Ordinance 9030. Seconded by Cmn. Cas- torena,. All ayes, motion carried,
City Clerk Ragen read proposed Resolution accepting the outer high- way on the east side of Freemy XI-SD-2B. The descriptions were studied and the question. brought upas to whether the small strip of road at the south City-limits, over which the State had agreed to re.i;ain furis- diction, was included. ,It was decided to defer the matter for further
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Proposed Ordinance 9030, changing zone of Parcel 5, Tract 117, Carls
study,
Copies of'proposed Ordinance 8020, regulating signs, were passed to
City Attorney Smith reported that the trial of the Patterson suit has been set for November Bth in Superior Court in San Diego, but that the Department had not yet been designated. 'He stated that there had been a Bide stipulation as to facts and that this should result in a shorter trial, which probably could be completed in a day.
Council members for study..
I There being no further business to come before the Council, Cm. Sutton moved for ad journment, seconded by Cmn. Castorena. All ayes, meeting adjourned at 10:15 P. M.
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Respectfully submitted,
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. .. MINtJTES .OF MEETING OF CABLSBAD. CITP COUNCIL
November 3, 1953
Meeting called to order at 7:15- P. M. by Mayor McClellaq, Present besides the Mayor were Cmn. Ede, Sutton, Castorena, Chase, City Clerk Hagen, City Treasure@ Pace, City Attorney Smith, Building Inspector E- wald, Public Works Director Barter, Police Chief Palkowski. Absent, none.
Cmn. Sutton moved that reading of the minutes of the meeting of! October 20th be waived. Seconded .by Cmn. Castorena. All ayes, motion carried
0 City Clerk Hagen read the following correspondence:
Police report for month of October, 1953, as follows:
Arrests' . . + . . 6 Accidents . . 16 Citations . . . . 121 'General Cases .. 60
Letter fron Carlsbad Chamber of Commerce asking that a Harbor Co- mmittee be set up .to work toward development and operation of a, small boat harbor at the mourn of Agua Hedionda. Deferred until later in the meeting.
that grills br gratings be placed over drains in the access road to pre- vent accidents, adPising that the Highway Department did not feel such installations were necessary or.feasible. Referred to Cmn. Chase.
Letter from Division'of Highways, replying to the City's request
Letter from Carlsbad Planning Commission protesting the drafting of any ordinance pertaining. to land use without consultation with the Commission; referring also to the appointment of a civic center site .commihtee as a matter properly within thbkr province. Defepaed until later in the meeting.
Letter from the Auto Club of Southern California advising t&a$ the State Division of Highways had informed them that effective date.of the relinquishment of Highway 101 may be sometime ih December, and recommend- ing that posting of regulatory signs await this effective date. Also reply from City Clerk agreeing that the posting should be delayed un- til that time.
Report of the Civic Center Site Committee recommending an a.rea on Roosevelt Street just north of Grand Avenue, owned by Vince Chalupnik, for consideration as a site for a civic center. After discussion, Cmn. gd8 moved that the- report of.the Civic Center Site Committee be referred to the Planning Commission for whatever action they desire to take. Se- conded by Cmn. Chase. All ayes, motion carried,
recommending that proposed Ordinance 5010, prohibiting dumping of trash,. be enacted. Copies were passed to members for study.
Memorandum from the Parks, Recreation, Beach and Tree Commission
Cmn, Sutton reported that Hr. E. Go Xentner had suggested that a curb be installed on the east side of Pi0 Pic0 Drive, as there mag be considerable eroosion if this,is not done.
tion of Thomas L. Crom et a1 for reclassification from R-2.to R-3 of the northeasterly 88 feet of Tracts 201 and 202 and all of Block wA*, Palisades, except Lots 1, 2, 3, and 4. No one appeared either in sup- port of or opposition to the request. Corn. Stringer of the Planning Commission was present and explained the Commission's reasons for in- creasing the area from the original request, 'stating that since part of Block WA" was presently zoned R-3, it seemed good planning to include
the remainder of the b&bck in the proposed reclassification &6 R-3. The Councj.1 Was reluctant to include the reminder of Block "A* in the re- zoning without having expressions from the property WmrS, and, after considerable discussion, Cmn, Sutton moved that the Cram application be returned to the Planning Commission for re-study. Seconded bY cmn, Ede, All ages, motion carried. The CoUCil expressed disapwintfient that applicants are not appearing in support Of their petitions for re-
City Clerk Hagen reviewed Notice of Public Hearing on the applica+