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HomeMy WebLinkAbout1954-01-19; City Council; MinutesI 34 !A3 +4 e$ !J ..r$ I I 2: EiiImcTTES OF WETING OF TEE CARLSBAD. CITY COUNCIL January 19, 1954 besides the Nayor were Councilmen Ede, Sutton, Castorena, Chase, City Clerk Eagen, City Attorney Smith, and Police Chief Palkowski. Father Anthony Kaspar offered an invocation to- open the meeting, Meeting called to order by Mayor McC16llan at 7:05 P. M, Present Cm, Castorena moved that reading of the minutes of the meeting of Ifanurarg 5, and the adjourned meeting of January 7th, be waived. Second- ed by Cmn, Ede. ,All ayes, motion carried. here for a meeting at 7:30 P. M. Thursday evening; There was discussion about setting up a special conference for the purpose of' discussing plans for the sewage disposal plant and to settle the matter of the contract with Mr. Phefps, so that action cay be started, The matter was deferred until later in the meeting. City Clark Hagen reported that Mr. Byrl Phelps stated he could be City Clerk Hagen read the following correspondence: Two letters from the Chamber of Commerce; one recommending pedes- trian cross-walks .at proper intervals on Carlsbad Boulevard; and a pet- ition from the merchants on Carlsbad Boulevard (ten signatures) between Elm Avenue and Grand Avenue, requesting angle parking on Carlsbad Boule- vard, Cmn.. Ede moved that these requests be referred to the Chief of Police an d the Traffic Engineer for their joint recommendation, Se- conded by Cmn. Sutton. All ayes; motion carried. Letter from Mr. James Scanlon, 2790 Madisbn Street, enclosing a pho- to taken of the floaded area in.front of his home, and asking tha$ some action be taken to alleviate the situation. ReferiPed to the Pulbic Works Director. Letter from hrlr, Benjamin Taylor of 3093 Ocean Street, recommending that the Council consider increasing police salaries, Refesred to Cmn. Ede and Cm. Castorena for their Joint consideration. ::::{.:;;:.tgo@y of letter from the Clerk of the Board of Supervisors to the County Surveyor-Rosa Commission ana County Counsel, stating that on Jan- uary 12th the Boar&of Superviaors referred. the draft. of proposed lease between the County and City of Carlsbad on the old County Road Station in Carlsbad, to the Road Department and the County Counsel for recom- mendation,# He action. Letter from the Division of Highways askkng whether the council has agreed to accept the outer highway, and whether the usual '9O-day no- tice was waived. Deferred pending a recommendationvfrom the Public Works Director, Copy of letter to Mr. J. C, Perrigo, Auditor, from Bertram NcLees, Jr., County Counsel, renderkng opini6n regarding the assessing and collec tion of taxes for the redemption of bonds and interest of the Carlsbad Sanitary District, and letter from Mr. Perrigo enclosing same. The mat- ter was briefly discussed but action deferred. The City Clerk stated that on the 15th of January he had a conversa- tion with Mr. Leffert of the Tax Collector's office, over the telephone, in which Mr, Leffert stated .that if the City is taking over the payment of the old sewer bonds and wants the County to do the collecting,. it will be necessary to have in their hands by February 1st a resolution outlin- ing the boundaries of the district, etc. City Clerk Hagen read Notice of Public Hearing on the application of To L, Crorn et a1 for reclaasiflcation from R-2 to R-3 of the North- easterly 88 feet of Tracts 201 and 202, Thum Lands, located on the west side of Garfield between Pine and Walnut. The Planning Commission pro- ceedings were reviewed. Mrs. Jane' Sonneman questioned the wisdom of not includiW. Block "A" p&# #pF ##~pfp* Fy pf$ (the portion not now zoned R-3) in the reclassification, and stated she would object to reqoning of the small area referred to, if ,Block WA* were not included. It was ex- plained that the original proceedings had included the 9-2 portion of && Block *An but the area had been restricted to the present boundaries when property owners.in Bibock "Aw failed to express their wishes as to the proposed rezoning, Alter discussion, Cmn, Ede moved that the Pecom- mendation of the Planning Commission be accepted, and the City Attorney instructed to prepare an ordinance accomplishing the change, Seconded bg cm, Chase, All ayes, motid Garried* 28 The City Clerk read No.tice of Public Hearlng on the Cappe' and Whitmore applications for resoning to. C-l of small parcels of their ppoperty lo- cated at 4123 Harrison~ and. 2357 Jefferson., respectively, to p8rmi.t erec- tion of advertising signs, . Also. read were. ..the Planning Commissiai recom- mendations for (-1) denial of the Cappe' application, and (2) approval of the Whitmore application. A letter from the Womanfs Club was read, pro- testing the erection of any signs on the freeway in the City of Carlsbad, and further requesting titat existing ad%ertising signs on Carlsbad Boule- vard be removed. aUrs. Flora Kags Hanson, president of the Cl.ub, was pre- sent and stated that their protest represented a vote of about 160 members and that they had adopted this attitude in conformity with a nation-wide campaign to oppose .erection of advertising billboards, She stated they would have no objections to what would be termed a directory, 'but that outdorr advertising in the City is considered objectionable, Elwood Trask also spoke against signs in the City, stating that in his opinion now is the tine for the Council to take posi*f;ve stand against them. his and fel h&r. E. G, Kentner lessee of both parcels of land, gave figures on roposed signs -- $1720,00 for the board, $330..00 to illuminate .it, g360.00 for the privilege of using the space, and stated that he t that- the high expense itself would limit the number of requests for signs. Robert Sutton stated he felt that Mr. Kentaer's sign would benefit other merchants in..the Bommunity as tourists coming in would stop at filling stations, gift shops, motels, etc. City Attorney Smith briefly summarized the section of the Business and Professions Code relating to prohibiting signs on landscaped freeways, but stated that the freeway in Carlsbad is not landscaped but merely plant ed to prevent ero.sion, so the State Code prohibition does not apply. He was asked whether the recommendation of' the Planning Commission for appro- val of the Whitmore application with csrtai&efinite restrictions is dis- criminatory, and stated he felt it is, remindaing the Council that an ord- inance may be non-discriminatory in its words and phraseology and still be discriminatory in its application, but that the discrimination would ha to be practiced over a long period of time to make it discridnatorg, Hq suggested that the matter might be handled by the Council deciding to a10 low placement of signs for 8 time, then finding them unsightly and prohib- iting them altogether, of the City Government to consider the welfare of the economic units mak- ing up the City, and probably try to allow these businesses to seek some way to compensate for the loss in business, due to changes made in the community by construction of the freeway. The idea of -the community advertising bulletin board, which was un- der consideration by the Chamber of 'Commerce, was discussed, cmn. Chase expressed opposition to the idea on the basis that where there are too many names and woras on'a sign it is worthless because no one can read it, Mr. Kentner stated he is on the Chamber sign Committee and that he had contacted the Oceanside Chamber of Commerce relative to a board co-opdin- ated with both Chambers, wh&Oh will advertise Oceanside and Carlsbad to the north and Carfsbad and Oceanside to the south, designating the busi- ness sections of the towns. He spoke of a board in the unzoned terri- tory to the south of Carlsbad which will be available in July at a cost of $25.00 per month, and stated that it would be h&s recommendation to the Chamber that they lease this board, He showed a model of his proposed sign, 50 feet x 25 feet, which is a replica of the !Man IMS, designat- ing "Right Lane - Elm Avenuen. Mayor MttClellan. expressed the view that it is one of the functions After a lengthy discussion, can. Chase moved that the recommendation of the Planning Commission on the Whitmore spplication be accepted', with the exception of 'the two requirements having to do with advertising only a local business, and no secondary advertising, There was no second. Corn. Sutton stated that it was %he intent of the Planning Commi- ssion that a special ,ordinance covering one specific sign be 'adopted, He also pointed out that there have been approximately ten signs erected in the last six .weeks along the freeway and Carlsbad Boulevard, due to the lack of sign control, Cmn. Sutton moved that the hearing on the Whitmore application be continued to February 2nd, and that the matter be referred to the Cham- ber of Commerce to see whether,a community si@ is possible. Seccmdad by Cmn, Ede, After further discussion, Cmn. Ede withdrew his second, Mayor McClellan declared a l~-minute -cesso after which the coun- cil was reconvened at 9:15 P. M. Cmn. Chase moved that the Council ac- cept the recommendation of the.Planning Commission on the ROY D* V3hitmore I 9.3 5 :> yJ$ x* 3 5-2 I. I 2: application for. rezoning .%o C-l of. a. -small ..parcel of the Whitmore pro- perty at 2357 Jefferson., through-the. us.& of a..special use permit, and tha' the City Attorney be authariz.e-..to.. frame. an..ordinance which will accom- plish this purpose, A roll call .. m$e. was. taken, to-wit: Ages, Cmn, Chase Ede, Castorena, MayoP.McClellan; .nags., .Cmn, Sutton, on the basis of the many protests against signs; absent, none. Mr. W. Do Cannon was present to ask that the Council approve the fin, a1 map of TIERRA DEL ORO, when filed, without requiriang zoning. He sub- mitted a declaration of restrictibns which he stated would be followed, restricting the land use to single family dwellings, and stated that if necessary to zone six of the lots for commercial purposes, as explained at the previous meeting, he would come back to the Planning Commission and Council f0r.C-1 zuning of these few lots, Mayor BlIcClellan read from the, minutes of the meeting of January 5th wherein approval sf the tenta- tive map weis granted, subject to a drainage easement and subject to zon- ing at the time of approval of final map. Mr, Cannon asked permission to substitute the restrilctions for zoning, stating that if they cannot get approval of the final map without zoning he will go back to the Record of Survey previously approved. It was pointed out that the subdivision ordinance does not require zoning, but it does require 8 statement of the intended land use., Section IV, Paragraph, 11 of' Ordinance @025 was read by the City Attorney, After a lengthy, discussion, Cmn. Ede moved that the Council will ap- prove the final map of TIERRA DEL ORO, with a declaration of restrictions such as was presented by h&. Cannon, in lieu of zoning, such declaration bo be filed simaltaneously with the final map, Se,conded by Cmn, Chase. All ayes, motion carried. Mayor HcClellan asked Bdr. Cannon to see that Mr. Andrew conform point by point with .the subdivision ordinance #9025, in the filing of the final map. The Cktg Clerk read the Planning Commission recommendation that the site recommended by the Civdc Center Site Coxunittee for police and fire station and city offices, on Roosevelt north of Grand Avenue,, described as Lot 33, Seaside Lands, be approved for a temporart 'fire and police sta tion, It was pointed out that the Council cannot bind the next Council to a long-term lease but 'could, if finances permitted, make a lease-pur- chase agreement in which it would pay a substantial amount of money for the lease and option to purchase the property. It was suggested that pos sibly the City could purchase half of a site and induce somebody to pur- chase and build on the other half and lease it to the- City on a lease-pur chase plan, The Mayor proposed a joint meeting .with the 'Planning Commis- sion and all members of' the Site Committee to further discuss the matter. Re was asked to prepare a statement of the problem to open up.discussion of the matter. Cmn. Chase moved that all. interested parties, the Plannin Commission, Site Committee, City Council, Fire Chief, Police Chief, Publi Works Director and the Chairman of the. Parks, Recreation, Beach, and Tree Commission, be notified that on January 30th at 2:OO PC &lo there will be a joint meeting at the City Hall to discuss the possibility of a site for a civic center. Seconded by Cmn, Castorena, All ayes, motion carried, Cmn; Castorena read a memorandsum from the Fire Chief suggesting changes in requirements for the new lire truck, deducting some equipment and adding other items gor testing by the Board of Underwriters, making an additionel cost of $235.00. After discussion, Cmn, Chase moved .Mmt Council authorize this change and the additional expenditure of another $2.35.00, and that the City Clerk be authorized to make this purchase. Seconded by Cm. Castorena, All ayes, motion carried, It was decfded to have a conference on Thursday at 1:OO P. M.. in the City Hall, providing Mr. PheIps can be present, to Sa&k over the Phelps contract and related matters, and the City Clerk was asked to conta,ct Mr. Phelps to ascertain whether he Ban attend, and then advise the Council members . A resolution ias read, employing C, A. Anthony as Public Works Dimc tor on a probationary basis .to March 31st, on the basis of $425 per month It was decided that mileg e should be'paid Mr. Anthony for .the probation- ary period and after tha d im a flat rate could be paid as it would be pretty well established what the amount of mileage would be, Cmn, Chase moved the adoption of the resolution emplqying Mr, C. A. Anthony as Pptr- lic Works Director, Seconded by Cm. Castorem, Five ages, no nays, re- solution adopted, Cmn. Ede mo$ed that the. Public Works Director be paid lo@ per mile @6r the use of his car during the probatlonary period, and at the end of that time ,a fOred sum: be paid to make it more convenient, Seconded by Cmn, Chase, All ayes, motion carried. ~ 3u- A resolu%ion. elrpressing..apprec2ation. to wax Ewald for his excell- ent work as City Building Inspec~or..~as..raa.d.. Cmn, Castorena moved the adoption of the resolatian, with a:change- of .date to January 31, Second- ed by Cmn. Chase. Five. ayes, .no nags,..Res.olution adopted, Cmn, Chase moved that Ma&ald be given terminal leave pay for one week after the termination of his employment. Seconded by Cmn. Ede, All ayes, motion carried. Final reading was made of proposed Ordinance 9030, changing zone of the Prudhomme et a1 proper,ty on Elm Avenue. Cmn. Castorena .moved the adoption of proposed Ordinance 9030. Seconded by Cmn, Chase. All ayes,' motion carried. Final reading was made of proposed Ordinance #9032, changing zone from R-l to a-2 of portions of Carlsbad Lands and CafBsbad Townsite, as initiated by the petition of Robert W. and Mae S, Heatherington and the Carlsbad City Planning Commission. Cmn. Chase moved the adoption of pro- posed Ordinance. 9032. Seconded by Cmn. Castorena. Five ayes, d&! no na ye! , Ordinance adopted. at the City Hall, provided Mr. Phelps can be present.. It was decided to meet informally at 1:OO I?. M. Thursday, the 21st, There being, no further business to come before the Council, Cmn. Cas. torena moved for adjournment, seconded by Cmn, Ede, All ayes, meeting adjourned at 11:lO f. M, Respectfully submitted, GV /" "u"""~o~""~o~~~~o"~~o"~.~"~~"-~""~"~~~""""~.~*~"""o" CONSENT TO SPECIAL MEETING , KNOW ALL MEH BY TBESE PRESEMTS, that we, the undersigned, con- stitute the five members of the City Council of the City of Carlsbad, ,I California. Further, that we all, collectively and singularly, hereby con- sent to a special Council meeting to be called on the 30th day of January, et 3:OO o*clock pe m, of the year 1954, in the City Hall of 1 the City of Carlsbad, California, lor the purpose of initiating proceedings for the creation of two special assessment districts in the City of Carlsbad, for the levying of an annual tax for the main- tenance of existing sewer lines and sewage treatment plant, and one special assessment district,for the improvement of the "Terramar Light- ing District", This consent shall be filed with the City C.lerk of the Ci"ty of Carlsbad at the commencement of said special meeting, . M. M. CkSTORENA C. D, WCELLAN ' RAYMOND EDE LENA M. SUTTON LENIS Lo CHASE ' "-L"""~"oo""~"~"."-"~~~"""""""""~-""~~"""~~~" MINUTES OF SPECIAL MEETICNG OF CARLSBAD CITY CO~CIL J-4 Meeting.called to order by Mayor McClellan at 3:OO P. M., pursuant to written "Consent to Special Meeting", signed by all members of the I Council and filed with the City Clerk prior to the opening of the meek- ing., which fiConsentw is attached hereto and made a part hereof, Pre- sent besides the Mayor were Councilmen Chase, Castorena, Sutton and Ede, City Clerk Hagen, and City lttorney Smith.. The meeting was immediately adjourned to 4:15 P. M. City Attorney Smith explained the purpose of the meeting and pro- cedure %o be followed for the purpose of levying taxes for maintenance of existing sewer lines and sewage treatment Plant,