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HomeMy WebLinkAbout1954-01-05; City Council; Minutes2.2 I x :n g4 ** *;y a 'I I City, Dewey &lly, member. of the. Spbrtsman*s'Club, also spoke in favor of exploring every possibility of .conserving-:the dep0si.f; on the beach a- rea. ' AfteP considerable discussion..,. .cmn.. -Sut*on moved. that the City ne- gotiate with the San Diego Gas. &.Electric--Company for the lease of the Agua Hedfonda submerged lands and the south shoreline, on some mutual- ly agreeable long-term baBk9. Seconded by cxnn. Ede. All ayes, motion carried It was brought out that several attempts have been mad8 to contact Leo Carrillo on the beach matter, but without sheess, It was suggested that the Park Commission write both .Leo Carrillo and Galford Whitney; also that the Commission ask the Carlsbad Mutual Water Company for a lease on the area et the end of Park Avenue where the storm drain emp- ties. . The proposed contract between the City and Byrl Phelps, engineer, was studied, but action deferred until next meeting on January 5th. A letter from Galfinger Corporation was read, stating that they would be willing to donate '&5000.00 toward extending the sewer lines to Monroe Street via either Chestnut Avenue or Magnolia Avenue. It was suggested, during discussion of the matter, that a poll might be taken of the owners along the route to see if they would favor:the-forming of a district,. pointing out the fact that it would be an opportunity for the owners to .save $5000,00. The probability of the Bigh School District making 8 contribution to the cost was discussed. Mayor gc- Clellan stated that a Mrs. Donnellg had called his office, statbng' that she waald undertake to interview the'owners along Ch8stnUt Avenue on the proposition. The City Clerk was asked to explore the possibili- ties of forming a sewer distriot in tha t area, c.orkferring with the Mayor regarding Mr. Donnelly's offer, Memorandum Prom the Planning Commission was read, recommending adoption of Ordinance 9031 providing for the placement of billboards and other advertising structures, and the Council*s attention was called to the fact that some action should be taken to restrict signs in unzoned areas, Deferred to the January 5th meeting for further study, on the freeway was deferred until the meeting .of January Tth, Sutton moved for adjournment, seconded by Cmn, Ede, All ayes, meeting adjourned at 8:30 P. M, The matter of sharing the cost of changing the directional signs There being no further business to come before the meeting, Cmn, Respectfully submitted, GV iJ ~~ao~o~~~~~c~o~~-e~c~o~~~~~~~~~o~o~~~-~~~~~~~~~~~~~~~~~~~~~~a~~~~~~~~~~ % MXM3TES OF MEEITNG OF CARISBAD CITY COUEJCIL January 5, 1954 .Meeting called to order at 7:05 P, Id. by Mayor HcClellan. Present besides the Mayor were Cy. Sutton, Ede, Castorem, Chase, City Clerk Ragen, City Treasurer Pace, City Attorney Smith, and Police Chief pal- kowski * Cmne Sutton moved, seconded by Cmn, Castorem, that reading of the minutes of the meeting of December.22nd be waived. All ayps, @tion carried City Clerk Hagen read the Pol&be report for -December, 1953, as fQP- lows: a.rrests, 9; accidents, 12; traffic citations, 72; and general'cases, 48 City Clerk Hagen read the Fire ,report for Bcember, 1933, as follows: Fires- Structural. * * * * 3 Grass. . , , . *3 Auto*.*0***4**.1 .Auto accident, .1 False alarm, , .1 $2 Equipment reBeived: 1 24' Aluminum eftension ladder 1 12' Aluminum extension ladder. Man Hours donated.,...,,.400 City Clerk Hagen read a letter from the Shoreline Planning Associa- tion asking that the Council pass a resolution supporting Sec, 6816, Pub- lic Resources Code. Cmn. Sutton stated that the Parks, Recreation, Beach and Tree Commission had discussed the letter and resolution and she be- lieved had recommended endorsement, Deferred until the Commission's ac- tion could be checked. A memorandum from the City Clerk was read, stating that George Kraft had asked the privilege of trash collection in Carlsbad on some basis which would enable him to plan ahead and purchase some better e- quipment, The City Pttorney ms consulted as to the best method of han- dling, and. stated that the matter could be handled either under a Certi- ficate of Public Convenience and Necessity, or under a gross receipts business license, and that the Council could regulate the. rates charged the consumer under a Certificate of Public Convenience and Necessity. Cmn. Castorena offered a motion that the City Clerk be instructed to look into the matter and see what the cities are dbing, who are not pro- viding a city trash colleetion service, Seconded by Cmn. Chase, All ayes, motion carried, The bills'turned over by the Sanitary District, amounting to $1054.6; were read and discussed. .Cm, Sutton protested the payrnena of fees to . Sani.tary Board members, amountif.ng to $3.00 per meeting, on the ground thal no other Commission or Council members receive remuneration for their services, Also, it was pointed out that the Bilish bill should be 8x8- mined and approved by someone familiar with engineering work and the services performed, to determine the correctness of the charges, Cmn, Sutton moved that the City Clerk llst the bills and request Mr. Ledger- wood or some member of the Sanitary District to indicate in writing that they are proper charges against the Sanitary ,District funds. Seconded by Cmn, Ede, All ayes, motion carried, It was noted that the^ Notice of Public Hearing on the application of Thomas L, Crom et a1 for reclassification from R-2 to R-3 of the Northeasterly 88 feet of' TFacts 201 and 202, Thum Lands, was not print- ed, due to an early publication date $~&! the last week in December, Therefore, CIM. Ede mobed that a hearing on the Crom application be set for January 19th, at 7:30 P. M, Seconded by Cmn, Castorena. All ayes, motion carried. City Clerk Hagen read copy of letters from the Parks, Recreation, Beach and Tree Commisbion to Mr. Guilford Whitney, San Diego; same let- ter going to Leo Carrillo, Santa Monica, urging their support toward the allocation of emergency State funds to help conserve the deposits on the Carlsbad Beach [State Park) resulting from the dredging opera- tions of the San Diego Gas & Electrlc Company, The City Clerk reviewed the recommendations of the Public Works Director and the Planning CommisSion concerning the proposed subdivision, TIERRA DEL ORO. Mr. Andrews of Freeland, Peterson and Evenson and Mr. W, D. Cannon were present, and were asked whether the water lines were in. Mr. Cannon stated that they were but he did not Believe the City had jurisdiction of the water requirements since the City could not fur- nish water for the tract. He outlined where fire hydrants would be placed Mayor McClellan stated that inasmuch as the drainage disposal would be a City problem, an easement should be dedicated to the City, to which Mr. Andr8Ws agreed, Mr. Cannon stated that since negotiations wi.th the San Diego Gas 85 Electric Company for an additional parcel of land had stalled and., since Bhdications were that the ramps requested of the Division of Highways wbnkd not be built, he was contrmplating developing six of 1 the lots in this subdivision, facing the highway, as business sites, mov- ing.the fence back to give accesa to them, All other lots would be sold for single-family one-story dwellings, The matter of zoning was discussed and Rayor McClellan stated that classification of the proper$g in accor- dance with the uses indicated should be a requirement for a final map, Comm. Sutton of the Planning Conemission was present and stated that he believed the original recommendation of the Plaxmiag Commission, recornmen- ding approval of the Record of Survey covering all of this subdivisibn except the .southerly 100 feet, included that the zoning should be R-lB, single family dwellings on 6000 square feet. The minutes of the Planning Commission meeting of July 13, 1953 were consulted and the pertinent par- agraph read, indicating the inteht of the Planning Commission that B-1B zoning should be designated, I x j i2 LTb4 < ~ q 4' .PC I I 2.: City Attorney Smith. stated no classificatibn for land use could be accomplished without a public hearing. being-held;, but that the Council could $ive teatativ,e 8ppr.oval .of. the. ma.p,. .s.ubject to zoning before fil- ing of final map, and Mr. .And.rews. was advised to go tb the Planning Com- mission with an application for zoning. After a lengthy discussion, Cm, Ed8 moved the adoptibn of a resolution that the tentative map of TIERRA DEL OR0 be approved, subject of the dedication of a six-foot wide drainage easement, and subject to a requirement that the classffi- cation of the land be accomplished under the zoning ordinance at the time of adoption of the final map, Seconded by Cmn, Chase, All ayes, no nags resolution adopted , City Clerk Hagen read a recommendation of the Planning Commfssion that the application of Roy D. Whitmore, et al, for reclassification from R-13 to C-1 of a portion of his property at. 2357 Jefferson Street, to permit construotlon of an advertising sign by E, G, Kentner, lessee and one of the applicants be approved, The matter was discussed, and City Attorney Smith stated he believed the .purpose could be accomplished by an amendment to Ordinance #PO05 without a zone change, by special use permit, Since it pertains to the same problem, City Clerk read.*the recom- mendation of the Planning Commfssion that the application of Katherine Cappcf for reclassification from E-2 to C-1 of a portion of her property at 4123 Harrison Street for the same purpose be denied, Elwood Trask was present and expressed opposition to signs along the freeway, but recommended that the City post one large sign on the north end of the g highway and one at the south, simply calli.ng attention to the good points of Carlsbad and inviting people to stop and take a look at our hotels, resorts, eto., and urg@d that a long-range program be,coWidered, He stated that he has it on good authority that the apartments and motels in Sant8 Barbara are having the worst times in years, as are some other places, so the slump in business mag not be due entirely to the opening Of the freeway, After some discussion, Cmn, Castorem moved that a hear- ing be set on the Whitmore application and alos on the Cappet applica- tion for rezoning to C-1, on Januraay lgth, at 7:45 P. M, Seconded by Cmn, Chase, All ayes, motion carried. City Clerk Hagen read the recommendation of the Planning COmmission that the application, fee accompqnying the application of John A, Hier for rexonin , filed Xugust 5th and withdrawn on December 28th; be refund- ed, less $$ 2 $ the expenses incurred in handling the application, Cmn. Ede moved that the Council accept the recommendation of the Planning Commission and refund the application fee tb Mr. mer, less expenses of' handling the application. Seconded by Cmn. Castorena, All ayes, motion carried The City' Clerk read the recommendattipn of th8 Planning Commission that the Council proceed as outlined by the City Attorney on the Claud Fennel request to vacate and return to abutting property owners a por- tioned of an abandoned road lying between Vista Way and the Freeway, Also read was a letter from Claud Fennel requesting additional time to enable him to secure a legal. description of the property. Deferred un- til he oomes in with the additional information, A recommendation of the Planning Commission was rea,d, requesting the Council to require the City Attorney to be present at Phnning Commissior meetings when so requested by the Secretary or Chairman of the Commissior It w8s agreed that this matter could be handled without formal action. Proposed Ordinance 9030, accomplishing zone change on the -Prudhome et .a1 property,, was summarized, Cmn, Ede moved that first reading of proposed 'Ordinance 9030 be waived, and that. this constitute first read- ing. Seconded by Cmn. Chase, A11 ages, motion carried, first reading of proposed Ordinance, #9032 be waived and that this con- stitute such first reading, Seconded by Cmn, Chase. All6 @yes, motion carried. Proposed Ordinance #go32 was summarized, Can. Castorena moved that Copies of opinion by .the City Attorney, concurring with OWelvany & Myers that the terms of all Council .members expire as Of the date of the mudcipa1 election, April 13, 1954, were passed to Council members 0 or study Mayor McClellan proposed that the Council consider asking that the City Attorney prepare an opinion outlining procedure, for submitting to the voters, to change the' position of City Clerk from electfve to appoin 24 tive, Cmn. Chase moved that the Ijg&!jiffi#. b# $f$t $##g')!ib'$!# City At- torney be instructed. to prepare an opinion. .outlining, $he proper procedure for submitting to the voters., . to. change.-.*the. ..position of City Clerk from elective to appointive, Seconded.. by Cm.. Castorena , All ayes, motion carried, The proposed contract with Byrl' Phelps .was discussed. The 5% fee to be paid if the job were abandoned seemed excessive to some members. Ms. Jeffers of Garfield cautioned the Council to be very care- ful in making such a contract, citing the dissatisfaction of property owners in his area at the south end of Garfield at being assessed for the' sewer vthereas they would never be able to have sewa~e dispOs8l with- out the construction of a booster plant, and their hope that they would not be forced to particitpate in payment of the disposal plant unless property east of the freeway is also assessed. He stated he hoped to be present at the time Mr., Phelps c,omes in and also at the time the district is laid out, Cmn. Chase stated, in answer to a question by Corn, Sutton of the Planning Commission as to whether the matter had been put up to eompeti- tive bfdding, that the Committee had worked on this matter very inten- sively and deciede that since Mr. Phelps has all the preliminary ,data available, the best and cheapest way out was to deal with him. He also stated that the Committee was convinced that the Sanitary District has already obligated itself to him. City Treasurer Pace gave figures compiled from the 1911 Bot sewer project just now being completed, indicating that the owners of 1500 lots in the district paid a total of 115s of the to%al assessment for incidental expenses, including engineering fees, $12,490.00; printing of bonds, $750.00; superintendent's fees, #9,360,00; advertising and mailirig, $395.00; preparing of as8essment, #6$&6,00; clerical work, $655.00; and cost of procedure (legal) $6246.00, He urged that any con- tract entered into be studied carefully and made foolproof, closely 8UperViS8d by the Sanitary District, and cited a case of negli- geme involving a man-hole -which was 4 inches too high. Max Ewald stated it was his belief that Mr. Phelps was not veEy Cmn. Chase pointed out that the comitteets recommendation to the Council was that the contract, before it is signed, be verg, very care- fully studied and the man tied down very closely. Howeirer, he agreed that there should be some more investigation done on fees, Jim George stated that on the Yourelf subdivision Wtter, Mr. Browne of Vista charged $75.00 per 10% and Mr. Phelps' bid was $!50.00 per lot higher. Corn. Sutton asked whether it night be possible to hire an' engineer for a year to carry this project through, for the $10,000,00 which it Sit going to cost under this plan, Several members of the Council looked with favor on this idea, Mayor McClellan reminding the Council sf the pending application of the people on Tyler Street for an Improvement District, the Elm Aizenue improvement, and stating that possiblg this could best be accomplished by hiring a City Engineer to take care of these matters as they come along. The question of attorney's fees to be charged against the assess- ment district was discussed,' and City Clerk Hagen was asked to contact other cities who have done work under an Improvement District, and make 8n appointment to confer with the City Manager on the subgect. It was pointed out by Mayor McClellan that the mayors of all cities in the coun- ty meet on the Monday preced'ing ,the League. of Cities' meeting on the third Friday of the month (January 15th), and at that time .he would have an opportunity to disauss the matter and find out whst cities have had this problem, Cmn. Chase stated he would like to suggest that we set up a Sanita- I %ion Commission composed of at least three member@, one of them a Coun- cfl member, in the very near Etuture, The matte2 was discussed briefly but no action taken. It was decided to defer the entire matter pending further investigation. On the matter of re-opening State Street to southbound traffic, Chief of Police Palkowski stated that just as' soon as the paving and other construction work can be done, the street can be opened. It will depend upon hop fast a crew can get it done. The"Chief stated that Me1 West of the Division of Highways, whom he consulted, is verg much op- posed to it but the traffic pattern,hag changed a great deal so that it does not present the same problem as' formerly, After discussion, m. 21 Castorena moved' tha.t the City Clerk,. as. acting Director of Public Works, be authorized to -commence work on the. opening. of State Street. Seconded by Cmn. Ede. All' ayes, motion carried. 5005 covering health permit fees. on apartment houses, vending machines, etc . Cmn. Sutton moved, seconded by Cmn, Chase, that proposed OrdSnance 5006 be adopted. All ayes, no nays, Ordinance adopted, Final reading was made of proposed Ordinance 5006, amending Ord?Lnancc .The matter of participating in the.cost of changing the direction- a1 signs on the freeway at the north side of Oceanside and south side & Carlsbad, was reviewed'. Cm, Chase moved that the Council authorize the expenditure of $9O,OO on the cost of the changlng of the directional sign at the south C,ity limits of Carlsbad and the beginning of the freeway in Oceanside. Seconded by Cmn, Ede, All ayes, motion carried. . Referring back to the letter from the Shoreline Planning Association requestin that the City Council adopt the proposed Resolution supporting Section # $ 816, Public Resources Code. Cm. Sutton moved that in accor- dance with the request of the Shoreline Planning Association, the Counclf adopt the proposed Resolution as amended by deleting the words "within ..,,A. state beaches and inland parks" from the fifth paragraph thereof. Second !:,:: L ,l ed by Cmd, Chase,. All ayes, no nays, Resolution adopted. :,-j $ :.::i USMC, asking that a pick-up station be established at some point between .-I: Oceanside and Carlsbad to accommodate Marines wishing a ride. The mat- ter was referred to the City Clerk with the request that he confer with Mr. Lilley as to what arrangements might be made. ,He was also requested to acknowledge the letter. ?.e' City Clerk Hagen read a letter from Maj. General John T, Selden, Cmn, Castorena reported that there are not enough signs up on Carls- bad Boulevard, and that the pavement should be stencilled. He stated that there have been many violations and the officers have had a diffi- cult time with people arguing that the road is not properly posted. Af- ter .discussion, Cmn. Castorena moved'the adoption of a Resolution au- thorizing the necessary expenditure of funds to properly post and sten- cil Carlsbad Boulevard (approximately '$200,00) Seconded by Cmn. ,Ede, All ayes, no nays, Resolution adopted. Cmn, Castorena asked the Councilts study and consideration of a possible raise in police salaries, since the. present rate seems to be below that of other cities of comparable size, He submitted a copy of wage standards to the Finance Committee for study. Cmn, Castorena stated that .the Fire Chief is very anxious for the Site Committee to become active. It was decided bo hold an adjourned meeting at 8:3O Thursday even- ing (January 7th) following the interviews to select a Public Works Dl- rector, in event any Council action .is required at that' time, and also to finish up accumulated business. Cmn, Sutton moved for adjournment until January 7th at 8:30 P. M. Seconded by Cmn, Castorena, All ayes, meeting adjourned at lO:55 P. X, Respectfully subm'itted, 'i GV ..7$/..44 @ J\&U3&- G. RAGEN, Ci -CIIIIII"""""e"""""""""""""""-~"-~~""""""" MINUTES OF ADJOURNED IIEETING OF CARLSBAD CITY COUIK.ZL January 7, 1954 Meeting called to order at 8:45 .P, M. by Mayor McClellan. Present besides the Nayor were Cmn, Castorena, .Ede, Chase and Sutton, City Clerk Hagen, City Attorney Smith, Police Chief Palkowski. that Oceanside-Carlsbad High School District, stating that the present plans of the district 'cdnternplate construction of the Carlsbad High School within four years and will naturally require sewage disposal; and that the District will participate in costs of such sewage disposal at such time as property abutting Chestnut Avenue is a,cquired, .The City Clerk read a' letter from Frank Chase, Superintendent of