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HomeMy WebLinkAbout1953-12-01; City Council; MinutesI' kfx4 1.Cl Ti+ 4. c.3 4 I I 2c MINUTES OF MEETING OF CARLSBAD' CIW. COUMCIL December 1, 1933 Meeting called to order at 7:OO P, M. by Mayor McClellan, Present besides the Mayor were Councilmen Xde, Sutton, Chase, City Clerk Hagen, City Attorney Smith, Public Works Director Barter, Building Inspector Ewald. Absent, Cmn, Castorena. Seoonded by C#. Sutton; All ayes, motion carried, Cmn, Ede moved that minutes of the meeting of November 17th be waive City Clerk Hagen read the following correspondence,: Letter from Mrs. Ruth A. Bondy enclosing copy of letter written to Dean Howell by owners of property adjacent to the County Road Station, asking that the buildings be demolished and that the land be not used for industrial. purposes. Letter signed by Mortime&, and Ruth A, Bon- dg, Aimee M. King, Robert C. and Hariett 3. Tillman, Nellie Kruger, Mr. and Mrs. Myers E. Carter; Mr. and Mrs. A, 'B, Edwards, and Mr. and Edrs. ,Edward Huntley. Cmn. Sutton. stated that the County had agreed to hold in abeyance' any disposition of the property pending a lease' proposal from the City of Carlsbad. The Council felt that signers of the letter do not understand the use to which the Ci.ty propose@ to put this proper- ty if it can be acquired. After discussion, it was decided to refer the letter to the Parks & Recreation Committee since they are studying the possible acq$isition of'the property for park purposes. City Clerk Ha- gen stated that he had telephoned the Bonds that the property, if ac- quired, would probably be used as a park. He was asked to answer the letter, Letter to Mayor McClellan from Dr. Askew, enclosing proposed or- dinance re&arding health inspection fees on health-regulated businesses. City Clerk Hagen reported that Hr. had.called at 4:45 P, M. and stated that the Board had not acted on the proposed ordioance aoday and would let it ride over, On Thursday morning at 9:30 there will be a meeting of C,ounty and City people to discuss the ordinance, Referred to Mrs. Sutton, Letter from the Division of Highways requesting the adoption of a Police report for Novenber, 1953, listing arrests, 7; accidents, resolution acoepting the frontage road (Pi0 Pic0 Drive). 14, traffic citations, 45, and general cases, 59* Fire report for November, 1953; 1 structural fire; 200 man-hours contributed Bill Fry was present and inquired whether the City was ready to turn over the money already appropriated for the off-street parking proJect, stating that they were half-way through the project, the rough grading having been completed and the cenmt brick retaining wall would be in 8 day or two. The Bity Clerk stated: that there is $'3500,00 in the Traffic' Safety Fund, which is being held out due to the fact that it is uncertain yet what the effect of the new freeway will be, and this fund is used and needed for the upkeep of the police and fire e- quip~~ent. He stated he had written the State to ask for a breakdown on the $19,407.00 received last week, 8s he was uncertain,just how this money could be applied. Mr. Fry also asked that the City Council considex making tha alley between Grand and Elm at that point a one-way alley, from south to north, and stressed that it would be an advantage to have the one-way ordinance in effect at the opening of the project, in about two weeks, to avoid confusion. Mr. Barter stated he had done some work on the grade in the alley and would put in the grade markers. He questioned the adequacy of the proposed granite and oQ1 surfacing, but Mr. Fry cited several instances where such a surfacing is giving satisfactory, long-time service. Af- ter a lengthy discussion, Cmn. Chase moved that the Council authorize the expenditure of qb1000.00 for grading aad surfacing of the alley be- tween Elm and Grand Aveaues, east .of the Santa Fe Depot, as appropriated, with the work to be performed wder the supervision of the Director of Pub1i.c. Works. Seconded by Cmn. Ede. All ayes, motion carried, Mr. Bar- ter and Chief -Palkmski stated that they had discussed the matter of the one-way alley and were in accord with it, '10 i City Clerk Hagen.. read.. .the. folloxing.. recommendations from the Plan- (1) That the City Council. consider.. .the re-opening of State Street to southbound traffic, as requested in a petitioh signed by many owners and merchants on the street, submitting the proposition to the Public Works Director and the Chief of Police for their recommendations, and that the .installation of a traffic island be considered in the interests of safety. Mr. Barter submitted a sketch and explained details as worked out by himself and the Chief of Police, which would.involve only the placing of three stop signs and removal of part of the barrier in place at the junctlon of State and Carlsbad Boulevard,, Cmn. Ede moved that the matter be referred back to the pirector of Public Works and the Chief of Police for further study and recommendations. Seconded by Cm. Chase. A11 ayes, motion carried. ning Commission; (2) That the tentative map of TIERRA' DEL ORO' be approved. Harry , Andrews of Freeland, Peterson-and Evenson was present, as was Col. Gron- Seth of 'the Flaming Commission, and. reported details of the Planning Commission discussion on the matter. The question of approval of the Fire Chief, as required by Ordinance #9025; was brought up, and it was brought out that the Fire Chief had been given 8 copy of the map and approved it, but had not made a written recommendation. -Mr. Andrews stated that the water mains have been received and the water pipe or- dered. He asked whether, in view of the substitution of this tentative d$$J map for the Record of Survey already accepted by the City (although covering a slightly larger area) it would .be necessary to make a change order in order to satisfy the bond requirements. City Attorney. Smith stated that in his opinion the filing of a tentative @ap would be in effect initiating a new process and would automatically release the bond and agreement. Cmn. Chase moved that the map be re,ferred back to the public Works Director to have ready at the next Council meeting, with proper .specifications and improvements outlined in accordance with Ord- inance #9025, Section IV-A-1 to 12. Seconded by Cmn. Sutton. All ayes, motion carried. (3) That the application of Robert W, and Mae So Heatherington et al, for reclassification from R-1 to R-2 of the area bounded by Grand Avenue on the north', Chestnut Ataenue on the south, Harding on the west, and the freeway on the east, be granted. Corn. Gronseth ex- plained that the Planning Commission, in increasing the area beyond that ' outlined in the application, had taken into consideration that the a'rea is surrounded by R-2 and the free%ay and is one of only thre'e remaining R-1 areas west of the freeway, Cm. Ede moved that a hearing be set for 7:3O P, M., Tuesday, December 15th to consider the application of Robert W. and Mae S, Reatherington et a1 for rec2kassification of the area des- cribed in the recommendation of the Planning Commission, Seconded by Cmn. Chase, All ayes, motion carried. (4) That the applioation of A. T. Morrill, 2923 Elmood, for'var- iance to allow reduction of side yard setback from 10 feet to.5 feet at the above location, be granted. There sere no proteses, oral or written, Cmn. Ede moved that the request of A, T. Morrill fog variance be granted, in accordance .with the recommendation of the Planning Com- mission. Seconded by Cmn. Chase. All ayes, motion carried. (5) That the tentative map of "SHANGECCLA TBACT", submitted by E. C, Yourell, be approved. The map outlining proposed future streets was' consulted. Cmn. Sutton questioned the wisdom ,of approving any. sudivi- sion plan in that area until proper plans had been made for future streets to serve the entire area, and reminded the Council that a. number of re- sidents of the area had so requested in citing, After discussion, Cmn. @ha-se moved that the tentative map of *SHANGRILA TRACT" be referred Back to the Director of Public Works to have ready for the next Council meeting, with proper specifications as outlined in Ordinance #9825, Ssc- tion IV-A-1 to 12, Seconded by Cmn. Ede, All ayes, motion carried. (6) That the City Council consider the extension of Elm Avenue to Vafley Street, in the immediate future, and from Valley to Highland Avenue at 8 later date, as a start toward the master street plan. Comm. Gronseth explained that the Commission, in making this re&ommendation, were tikLng cowizance of the increased need for 8 through street in this area when the proposed high school is pgened and the area develops, Cmn. Sutton moved that this proposal be referred to the Director of Pub- lic Works for a.preliminary survey. Seconded by Cmn, Chase, All ayes, motion carried ing the County in zoning "fringe areasn adjacent to Carlsbad, rather (7) hat the Commission wishes to go on record as favoring assist- I 32 K3 TV < '2 a I I 21 than suppor.ting the. ide.a .of .... enlarging. the..C.ountJt staff at, great addition- al expense to .accompf.ish. this.. p.urpasa,- . The..mptter. was discussed, and Cmn. Ede moved that. the. C,&ty Clerk..wpAtte the. Board of Supervisors, ex- gressing the City's intention .as. fo1Uwing. the. recommendation of the Plan nSng Commission, Seconded by Cmn,.-Sut%on,. All ayes, motion carried. (8) Referring back the application of Melvin and Jeannette Lull for rezoning from E-2 to R-l: of the area described as all of Tract 245 except the westerly 150 feet, and all of Tract 250, Thum Lands, located between a line 150 feet east of the east line of Highland Drive on the west, Eonroe Street on the east, Chestnut Avenue on the north, aad Mag- nolia Avenue on the south. City Clerk Hagen read a letter received from Mrs. Lull asking that the application be referred back to the Plan- ning Commission for the reason$ that they were not aware that the Plan- ning Commission meeting was to be held on the Monday following the City Council meeting, and therefore did not attend same.. There was consid- erable discussion as to whether this matter could be again hear by the Planning Commission without the necessity of re-advertising, City At* torney Smith stated that his opinion would be that 8 secoa4 hedring b$ should be set and duly advertised by the Planning Commission in order to satisfy all legal requirements, Cmn. Ede moved that on the adtioe of the City Attorney, the Lull application be referred back to the Plannipg COmmfSSiOn for se-advertising and hearing, Seconded by Cmn. Chase. All ayes, motion carried. Comrn, Gronseth orally submitted a recommendation of the Planning Commission that the Council consider the extension of 'Tamarack Street from Highland to Valley, and the extension of Valley from its southern end to Park Drive, and explained the CodLsfon's reasons for so' recom- mending. The map was consulted,. and the proposed extensions discussed, Cmn. Ede moved that the recommeddation be referred to the Director of Public Works, upon the,verbal request of Commissioner Gronseth, Second- ed by Cmn, Chase, All ayes, motion carried, After a 15-1ninute recess, the Council reconvened at 9:20 'P. M. Proposed Ordinance 3007, establishing and regulating speed zones on Carlsbad Boulevard, was reviewed, and it was decided to have it re- drawn as an emergency ordinance, , City Treasurer Pace reported that approximately half of the work of 'the County Treasurer in getting the ledger ready and notices ready, to mil out, has been completed; and that the notices ready to mail out, $d# $646 $&as$%f)$ii#/ d# will be mailed the f'irst two days of next week. He descrSbed the procedure that would be followed and stated that he would be available when the bills came in, The matter of publicity was discussed, and Mr.. Pace stated that. he would send Mr. Parry of the Union and Mr. Garland of" the Journal, press releases. The City Clerk was asked about the Sanitary District records and stated that so far only the plans for the system have been received, but that Charles Ledgerwood hat3 brought in about $2500.00 worth of bills vhich had been okayed by the Sanitary Board. It was brought out .that Mr. Ledgerwood is still issuing pernnits. to tie inot the sewer, and sug- gested that a City official or employee should be authorized to write these and make the inspections, City Attorney Smith stated definitely that so far as the Courts are concerned, the Sanitary District has been transferred to the City. The afore mentioned bills were read, for the information of the Councilmen, Cmn. Chase moved that the City Clerk be authorized to pay the bills as read and approved by members of the former Sanitary Board, Seconded by Cmn, Ede. A11 ayes, motion carried, Cmn, Chase reported that the Citizens' Sewage Committee had met on Monday evening, at which time they had decided to recommend to the City Council that Byrl Phelps be retained to proceed with the disposal plant, roughly as'originally set forth, and th8t Charles Trygg, who is an engineer in the same line, had offered to represent the Council in arranging the actural tie-up with Bgrl Phelps, so that everything nec- essary wi%l be specified In his contract, Mr. Phelps-was also to be asked for his recommendation as to financing, what form 4f bond issue he considered best for the purpose, etc. The recommendation was n8r- rowed down to Byrl Bhelps mainly because he has all the necessary re- cords, has made the preliminary surveys and has already initiated the procedure to secure the Christmas Tree Fund, Cmn. Chase further re- ported that any duction with Oceanside has been eliminated for the time being., He. suggested a conference with Bgrl Phelps and a member of the council, with Trygg sitting in, and stressed again the, need for haste . as the system is &ready overloaded and eao.h new hook-up aggravates the 2 1.2 the situation, Can, Cha.se. stated. the. Committee discussed the possibil- ity of putting in a. second plant at. Kelly. Slough, when the high school is established and the surrounding..area..delirelops, and that he intends to bring this up at the Planning CommissSbn..meeting, with the suggestion that they keep it in mind. in their subkivision planning. City Attorney Smith comeq6ed that Mrs. Sonneman, as Sanitary Dis- trict assessor, was an elected official of the district, and was never given official notice of termination of her emplogment, but that &f,ijd~f~~# undoubtedly as such her tern of ogfice would automatically expire at the time the order dissolving the district was served on the Board members. She stated that she had served until appzoximately the 18th oegth of November, and was asked to bring in a bill for her services since she was last paid. The City Clerk was authorized to issue a receipt for the files and records of the District, which she stated she would bring in within a day or two.. Carlsbad Union High School District for exemption from taxes of certain parcels of lend recently acquired for school purposes,. quoted Section .202 of the Government Taxation Code wherein it fs specified that land "used for school purposes" is exempt, but that the exemption spplies only to the, extent the land is used for school purposes. He pointed. out that the property in question is not ye& in use for school pur- poses; that, in fact, it is at present in revenue-producing use and therefore does not, in his opinion, come under the automatic statu- tory exemption.' Mayor McClellan oommented that he believes the District has been obtaining exemption from County tax, and also that the County has Eo&&owed the practice that if an application for"$xemption is pend- ing, the delinquency date is suspended. The matter'wb left in the hands of the City Attorney for further study, with authority- to be guided by the County's action in similar instances, and to prepare a resolution for action at the next meeting. City Attorney Smith autlined procedure for vacating an abandoned City attorney Smith, reportipg on the request of the Ocsanside- street, as follows; 1, File plat map with City Clerk showing area to be vacated. 2. Obtain (a) report of ownership. from Title Company - to show title in city. (b) reversionary ownership (c) legal description place of hearing. -3. Pass ordinance of Intention to Vacate - fix time and 4. Publish advertisement. 5. Post the langd, 6. Hold hearing at least 15 days after (41.. 7. Resolution ordering cLosing of street. 8, Record certified copy of Ordinance and Resolution with County Recorder. The Fennel request was referred to the Planning Commission. Mayor McClellan reported that the Planning Commission is having a special meeting on December yth,' at which they are going to prepare . recommendations for zoning Pf areas south of Carlsbad, He stated he be- lieved an engineer for the San Diego Gas & Electric Company will be pre- sent, and possibly other property-owners of the iznzoned area. He stated that the Planning Commission feels that the City should also have a con- sultation with the assessor, as some owners wish to know what effect zoning will have on assessed valuation, and that he believed Mr. Eddy, County Assessor, will be at the meeting, one reason being that he wants to consult with the City as to the policy be be followed in regard to property along the freeway, etc. physical examinations for persons engaged in food handling, stated that she would like to recommend- that the definition of food handlers exclude , agricultwal workers, and moved that the City Attorney be instructed to properly phrase the term so that agricultural workers be excluded from the phrase, nfood handlers?, and communicate his definition to the County Board .of Supervisors. Seconded by Cmn, Chase. All ayes, motion .carried. Cmn. Sutton, reporting on the proposed health ordinance requiring The City Clerk reported a complaint from a lady liHing at the north end of Jefferson Street, who had fallen and injured her knee while walk- ing &n the street,. due to the darkness and extremely rough condition of the street. She asked that steps be taken to light the area, and. he told her that a lighting district was .under consideration and that the San Diego Gas & Electric Company will soon srrbmit proposals. '2 1,' Mayor McClellan. reported ...t ha.t.. a...tre.e. .limb hanging down on the east side of .Harding at Pine Avenue was'a potential hazard. Cmn. Chase reported that Mr. Barter, Hr, O'Bryan and he had inves- tigated the possibilities of a master drainage plan and had come to the conclusion that it would cost a great deal of money to get the right kind of a job done, Mr. Barter suggested a-profile of each street in each direction, but Mr. O'Bryan felt it might cost more than would be gained. He stated they agreed that a big map be secured and as the problems come up, (for instance, Roosevelt Street) it could be plotted out and a rough idea obtained of which way the water runs, shading the areas that are bad, etc. He asked the Council's consent to go ahead as far as possible, but no action was taken, The City Clerk stated that one of the residents on Tyler Street was looking gor infomation on the 1911 Act, etc., and that he had give.n him a copy of the Western City magazine which contained quite a lot of information along that line. .. Due to the lateness of the hour and the amount of business still to be handled, Cm. Chase moved that the meeting be adjourned to Dec- 9$ ember 8th at 7:OO P. Id* Seconded by Cmn. Suttoh, All ayes, meeting ....; adjourned at lO:4O P. M. to December 8th at 7:OO P. N. A -I ' ! .. ,+' .-> /. .Y .. ..$. :y Rebpectfullg~submitted, GV EDWARD G. HAGZN, Ci y Clerk ii" C""""~~"""""~"""""~~""~~~"""""~""~~~~"~""""~ MINUTES OF ADJOURNED BEETING OF CARLSBAD CITY COUNCIL December 8, 1953 Meeting called to order by Mayor McClellan at 7:15 P. M. Present besides the Mayor were Cm. Ede, Suttoa, Chase, City Clerk Hagen, Public Works Director Barter, Building Inspector Ewald, City Treasurer Pace, City Attorney Smith, Police Chief Palkowski. Absent, Cmn, Castorena, City Treasurer Pace reported that he had learned from the County Treasurer that the sewer bond notices would not be out the first two days of 'this week as expected, but that they still hoped to get them out this week. He also reported that on the bonds issued against the former dis- trict, there are two payments still due, an interest payment of' $ll3,OO due on May 1, 1954, a bond payment of $3500.00 and interest of $113.00 on November 1, 1954 interest of $56-87 on May 1, 1955, and on November 1, 1953, principal $3500.00 and interest, #56,88, making a total of' $7341.25 principal and interest still ,due 'against the former district, He stqtsd that the bond and interest due November I, 1953, have been paid, Re stated that he had discussed with the County Treasurer the possibility of allowing the County Treasurer to handle these four install- ments, and had been led to, believe that there would be no charge by his office for this service and that they would prefer to handle it that wag. Mayor McClellan asked whether there is sufficient money to prepay the bond due in November, 1954, thus sathng approximately 10 months' inter- est, Mr. Pace stated that he would determine this before the next meet- ing. It was fi$$$$d $d$f j&d,&$i~d decided that the matter be acted upon that property owners who do not have their names registered in the ass- essor's office should contact the'City Hall, asking for their bills, Mr. Pace agreed to frame a press statedment to be handed to the papers for the sake of clarity, City Clerk Hagen read formal relinquishment of State Highway 101 to the City of Carfsbad, signed.bg Mr. G. T:McCoy of the Division of High- wa ps b The City Clerk read proposed Ordinance 3007 regulating speed on Carlsbad Boulevard, and same was discussed. Cm. Ede moved that the adop-