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HomeMy WebLinkAbout1954-10-19; City Council; Minutes1' cussed. Mayor McClellan moved the adoption of .a Resolution accepting this conveyance by the Board of Supervisors per their letter of Septem- . ber .23rd;. and instructing the.City Clerk to have the instrument record- ed, expressing the Council's apprecialtion,to the Board of Supervisors .for their consideration in this .matter. Seconded by Cmn., Helton, 1% was pointed out that the water stock should also be transfeered. Vote on the motion: all ayes, resolution adopted, It was suggested that the Parks, Recreation, Beach and Tree Commission be notified that the trans- fer is complete, The City Clerk submitted a list of bills for approval- of payment. . Viayor IkClellan moved that the bills as listed and approved by the au- diting committee and certified by the department .heads,' be paid. Se- conded .~ by Cmn. Xelton. All ayes, motioncarried, October 16th. Seconded by Cmn. Castorena, all ayes, 'motion carried. I. Cmn, Sutton moved the approval of .the'payroll up to and including ..* The City'CLerk was asked to make a statement in the paper that the ,free rubbish collection has been discontinued, and advising of the 0- ..ther services which .can be secured reasonably. 1. I' .. The C,ity C'lerg read the resignation of .Col. I,.. H. Gronseth from the, .Pl.anning~Commission. Mayor NcClellan stated he felt it would be 3 zdvisable to accept the resignation effective October 12th, and .then 4 ' mak.e. the. .appointment to take effect that date., 'He moved that the ten- 2 re dered resignation of Col, Gronseth as a member of the Planning Cornmis- .,, sion be accepted, effective October 12th, with a'ppreciation of his 3 long service to. the City from its formation. Sec'onded -by 'Cmn. Castor- .c . .em. A11 ayes, motion carried. .. IiTayor EcClellan stated he may attend the Lea'gue of' Cities' annual I_ ' conference and mag possibly stay over the next meeking.date. With the Council's approval be appointed Cmn. Castorena as Dliagor pro tem for ,the meeting of October 19th. 'I I *The.re being no further. business to come .before the CouncZl, Cp, Castorena moved for adjournment, seconded by Can. Helton. All ayes, mee$ing .adjourde,d at 11:15 P. M, .. Respectfully submitted, - .v M. 0, EWALD, City Clerk .I. -r.r"""~""r~lr~~-.~-"-"-."-~"-~"~"~""-~~"""-~~~"-~"" x. ' ,i MINUTES OF 'hCEETI1JG OF' CARLSBAD CITY COUNCIL October 19, 1.954 P?ieeting.called to ,order at 7:055'P-. M. by Acting brayor Castorena. Present.besides the Acting Mayor were Cmn, Ede, Sutton and Mayor Mc- Clellan, Absent, Cmn. Helton, Other officials present were Public Works Director Anthony, City Attorney Smith, Police Chief Palkowski. I .. Can. .Sutton. moved that minutes of the meeting of September 21st, , . as,'arnended, and of the adjourned meeting of September 29th, be' appro- ved. -Seconded by Cmn6 Ede. All ayes, motion carried. The City Clerk read the following correspondence: .. Letter from'Dean Howell advising 'that the dog control agreement Will come before the Board of Supervisor's at its next meeting. . City Clerk Ewald reported a phone call from Mr. Charles Good of the County PUbLic Works Department asking for confirmation of the Committee's arrangements Jvith Dr. Lamar .and suggesting that the Council proceed with passing of the ordinance. Letter from the Sari Diego Gas & Electric Company (Mr. Noble) was summarized but .not read. Letter from Pacific Investment Company concerning their offer to the County of' San Diego of a parcel of land, at 'Terramar to be used in establishing a consolidated court and county regional center. After' discussion, Cmn, Ede moved that the Council go on record as endorsing Mr. Cannon's offer, Seconded by Mayor McClellan, All ayes, motion carried, The City Clerk was asked. to write a letter to the Bo.ard of Superv.isors urging the .acceptance of Mr. Cannon's offer.. Letter from the Carlsbad Chamber of Commerce endorsing Mr.' Can- Letter from the Toastmasters' Club, 'endorsing sa'id offer, non's, offer of .land for a Court location, Letter from the Co-Ordinating Council Library Committee, signed by Mrs. Dorothy L, Steen, 'Chaiman, and five other membe'rs, making sugges- tions .and recommendations as to future location of. the library, ..setting out advantages of leaving it at the present location with the increased space possible after moving of the City offices, Cmn. Ede stated. that he had met with the Committee and that- they had dectaed to ask that a Library 'Commission be set up, feeling also that it might ,be possible to,work out something with the County in the way of assistance for jan. itor help or utilities, etc,, in view of the fact that funds colleoted from the taxpayers of' the City of Carlsbad (library, tax) have not been expended, He stated he and Mrs. Sutton planning to contact the, County and explpre this possibllity, and that he also had talked .with Cmn. Castorena rega'rUliig :ti&& gssshbiMt&, 'and that he also' had talked with Cmn, Castorena regarding the possibility of a reduction in' rent when the City offices move out. 'He stated that the Commlttee felt plans should be made to build a City library in the near future, but that for the time Being the Committee wished the Council to be fairly de- finite that the library would remain at the present location, the rent paid and janitor&al services provided. He stated he felt the Council was virtually committed to keeping it at its present location, at least for the fiscal year,' Cm,. Castorena reported that as yet he had had no opportunity to discuss the question of r.educ'tion of rent with Fa- ther Kaspar, but that he .has been quite receptive in the past. .The . City Clerk was asked to .communicate with Mrs. Steen as chairman- of the library committee that we are proceeding towards continuing the. library in the present location. Letter from the Gallinger Corporation offering to put in a lsrge septic. tank, pumping unit and high-pressure line along Chestnut to . connect with the pressnt sewage collection line; or as an alternative offer to make a cash contribution to the City toward the cos% of a sewer line along Chestnut' in the amount of $8500,00, which is thq e.s- timated cost of the septic tank, etc., if it is possible to get the 0-C High School District and other residents along Chestnut to pay their proportionate share, of 04 High School District, advising them of the Galli'nger proposal and asking whether they wonld participate in the cost, suggesting a con- tribution of $4000.00 for the sewer connection for the proposed Carls- bad High School, Mr. Anthony was asked whether the residents along Chestnut' Avenue had been contacted on the matter and he stated that the Gallingers had prepared petitions but he did not know how .far they had gone with them. He stated he felt that once the construction is started, a number of the people will come in and the City .could recov- er. Mayor McClellan stated he felt it was very unlikely that the pro- ject could be done without expen'diture by the City of some Sanitary or other funds.' Cmn, Sutton recommended that the Public Works Direc- tor be. instruc.ted to give the matter full consideration .and come up with a recommendation by November 2nd. Mayor BncClellan volunteered to work on the matter under the guidance of the Public Works Director., and it was agreed that he should do so. It was agreed by the Council that an indeterminate amount from the Sanitary fund or other City funds will be expe6nded.for this purpose. Copy of letter from C . D. McClellan to Frank Chase, Superintendent Letter from Orville Jeffers, on Garfield Street expressing the feeling that the City'should first get water and sewers, and then pro- ceed with plans for a Lighting District. Discussion deferred until after hearings have been laid, a. At 7:40 P. hfl, City Clerk Ewald read the Notice .of Public Hearing on the application of W. J, Bowman for rezoning ff;om R-4 to c-1 of property described as the Southeast one-half of BX6ck 7, Carlsbad Townsite, located between Ocean and Garfield Streets, north of.Cedar Street, The recommendation of the Plannlng Commission that the applica- tion be denied, was reviewed. There were no oral or written protes.ts, and no one appeared in support of the petition. Chairman Cockrill of the Planning Commission was present and stated that it was felt by the 1' i Commission that it was. not good. pla.nnidg at this time to extend the C-1 zone beyond Cedar Street,, After discassion, Cmn. Sutton moved that the application of. W, J. Bowman ..for' reclassification be denied, in accor- dance with 'the recommendation.. .of- the. ..Phnni,ng Commission, Seconded by Mayor McClellan, Three ages, .no. nays., ..Cmn. .Ede abstaining as 'an crffi- cia1 of the Episcopal .Church, .which owns affected property. Letter from Mr. and Ui?s.. M. N. Smiley, 3505 Garfield, urging that a dog control ordinance be adopted immediately to alleviate the dog , nuisance in.Carlsba:d. The City was asked to answer the lette'r, stat- ing that such an. ordinance is under consideration, I '. yJ' 3-3 -4 b' d 9 I, Letter from George Kraft, Jr., offering. to remove buildings from the new City Park site, free of charge. Mr. Anthony stated that the plana call for demolition. of the buildings as being suitable for any conversion as there is very little. first class lumber in them, The City Clerk ,stated that he had had several .calls from neighbors com- plaining about the unsightlinesrof the buildings, etc, After discus- sion, Mayor McClellan moved that the City Clerk be authorized to con- sult with the Chairman of the Parks, Recreation, Beach and. Tree' Commis- sion regardingathis offer and learn if they have plans of their own for .making use of the buildings, and if. not, that the City Clerk be; authorized to make arrangements with Mr. Kraft and secure from him as- sd'rance that a clean-u of the site will be made. Seconded by Cmn, Ede, All ayes, motio B carried, . At 8:OO P. 1~1. the City Clerk read Notice of Public Hearing on' Ithe application of Morton Nielsen and R. H. Sonneman for reclassifica- tion from R-2 'to Crl of property described as a portion of Tract 117, Carlsbad Lands, located between Grand and Elm Avenues, west of U. S. Freeway 101. The Council reviewed the recommendation of the Planning Commission that the request be denied, Mrs. Sonneman and Mr. Nielsen were present in support of their petition, and Mr. Nielsen explained in ,detail that he had developed his plans to open and conduct a retail- florist business, if the rezoning should be granted, upon the encour- agement and consent of his neighbors. Chairman Cockrill of the Plan- .n%ng-Commission stated that in view of the great number of .protests from residents of the area that the street was not wide enough and, could not'be made wide enough for a commercial zone, the Commission felt it would be unwise to recommend rezoning to C,-1 at this time. Mayor .Me- Clellan pointed,out to hlr. Wielsen that the City could not stipulate what use .would .be made in. a C-1 zone and his successor might put in anything permitted in C-1, Mrs. Johnson of 988 Grand Ave.nue protested strongly against the rezoning for the same reasons already given' by other residents. After discussion, Cmn. Ede moved that the recommenda- tion of the Planning Commission in this case be accepted and the re- quest of Xr. Nielsen and.Mr. Sonneman for rezoning to C-1 of the area described, be denied. . Seconded by Cmn. Sutton. All ayes, motion c arriec City Clerk Ewald read. the .Grand of Easement from Atice. S. Rous- ton granting to the City. of Carlsbad an easement and right-of-way (10 feet). for a sewer line and appurtenant installations, on a portion of 'Tract. 117, Carl-sbad Lands, in consideratJon of the promise of the City to forbear collecting a sewer connectio-n charge from Mrs. Houston at her residence on Laguna Drive.- Mayor %Clellan inquired whether it had been made clear to Mrs. Houston that, while she is not to be charged . . for any kxisting facilities, she would be liaQle for her share of the proposed sewer disposal plant when constructed. The City, Attorney sta- ted .he will be glad to explain all .details to Irs. Houston, Proposed Resolution accepting the Houston Grent of Easement was read, After dis- cussion, Mayor McClellan moved the adoption of Resolution # f , subject to the complete clarifications of the easement with Mrs. Houston. Se- conded by Cmn, Ede. All ayes, motion carried. I .. City Clerk Ewald read the l.ega1 opinion from .the City ,Attorney sta- ting that use being made of'the-premises at 3481 Garfield-Street, awned by R. S. Osburn, at 'the time of the adoption of Ordinance #9005,'may continue; i. e., it can be used-as a guest house as defined in Ordinance #9005, Mr. Osburn was present and was advised of the findings, application of Harry Hansen et al, for reclass-ification from R-2 to .R-3 of property described as. all lots facing Carlsbad Boulevard between Syca- more Avenue and Hemlock Avenue. The Council reviewed the recommendation of the Planning Codssion that the application be denied. City Clerk Ewald read a letter from Niels and Isabelle Martin of 3480 Carlsbad Boulc vard urging that the City Council accept the recommendation of the Plan- ning Commission, Mrs. Geneva Fritschel of 122 Acacia was present and At 8: 30 P. 34. the City Clerk read Notice of Public Hearing on the repeated her protest, made to the Planning .Commission, that R-3 zoning would depreciate the neighborhood by. allowing undesirable uses. She also suggested that the Council consider some means of prescribing a minimum amount (cost) for hones to be built on these high-priced lots. Chairman Cockrill was asked whether there was any possibility of per- mitting apartment houses in an R-2 zone and stated there is not. He stated he believed the strong opposition to the rezoning was not to Mr. Hansen*'s request and what he would CuilB, as much as the fact that once it was opened up there would be uses allowed which would .be undesirable. .After discussion, Mayor McClellan moved that in acc.ordance with the re- commendation of, the Planning Commission, the request of Harry Hansen et a1 for reclassification be denied, Seconded by 'Cmn. Sutton. All aye,s, motion carried ,. The City Clerk read a memorandum from the Planning Commission re- commending that the City Council go on record as supporting the-offer by W, D. Cannon to the County of San Diego of a par,cel ofl land in Ter- . 'ramar for .construction of a County Regional Center. It was pointed out that the City Clerk had already been instructed to prepare -a letter to- the County of this matter. I. City Clerk, Ewald read the recommenda'tion of the' Plannihg Commission that the application of Albert Stein, Jr,, for v-ariance to permit re- duction .in front yard setback from 50 feet to 40 feet bn proper.ty des- cribed as a portion of Lot 32, Seaside Lands, located on the east side of State Street north of Grand Avenue., be approved. Seconded by ,Cmn, Ede, Four 'ayes, no nays, Mayor McClellan abstaining, due to his hav- ing acted as broker in the real estate. transaction, Iviayor McClellan offered for the Council's approval the name of' , Paul Swirsky, Jr,, 'as a member of the Planning Comission to complete the term of Commissioner Gronseth (expiring the second .Tuesday in April, 1958), whose resignation was accepted, effe.ctive October 12th. Cmn. Sutton moved that the appointment of Paul Swirsky, Jr,, to the Planning Commission to complete Commission Gronseth's term, be confirm"e, , Se- conded by Cmn. Ede, All ayes, motion carried. The Council .expressed its gratitude and appreciation of the City Attorney's 'fine work in winning a decision for the City in the Patter- son case. The City Attorney stated that the plaintiff-apellant has 15 days in which to seek an appeal in the Supreme Court, and it is a matter of discretion as to whether the Courty may choose .or not choose to grant an appeal. Mayor McClellan suggested that the Council name a c.ommittee to ar- range for the formal opening of the City building; and similarLy the dedicationlof the City Park.. Acting Mayor Castorena stated that in a discussion with the Police Chief they had thought the dedication should be held a week after the move4 is effective,, It was decided that sep- . arate committees should be appointed for the two dedications, and Cmn. Ede moved that Cmn, Castorena be named Chairman of the Committee for the .dedication of' the City building, with discretion to pick his own Commit- tee. Seconded by Mayor McClellan, It was suggested that the Fire and Police Chiefs be named to the Committee. All ayes, motioq(carried, Cmn, Ede move'd that Cmn. Sutton be appointed as Chairman to set up dedica- tion ceremonies on the new City Park, Seconded by Uayor hClellan. A11 ayes, motion carried,. 1t.was agreed that each committee should set its own date, Mr. Anthony reported that the planters will be. put in tomorrow at the new building, the color coat is on, the driveway is being put in, and the glaziers will be in the first of the week, He stated the tele- phone company is putting in the pole this week, and that it appears thet the move to the new quarters may be made on schedule, ' He further reported that he had purchased 20 tons of oil, and had the men working on the worst streets, He stated he would like to .get in two drainage jobs before wet weather, one of them being Park drive, Mayor McClellan stated that if he can be of any help in getting the owners on Park Drive together, he will be glad to' work on it as he feels St is extremely important, Mayor McClellan stated that it would seem that the Council should discuss what authority the City Attorney has to proceed, in event of the ecceptance of an appeal. After discussion it was decided that if it becomes a matter of urgency a special meeting will be called, Copies of proposed Ordinance #5020, providing for the collection I w -3 ?< "i 4. 3 I I 2 of ga'rbage and rubbish,. were. pa.ssed to t-he 'Council members. Several typographical errors were corrected.. After discussion, Cmn. Sutton moved that fi.rst reading of Ordinance #SO20 be waived, and that such waiver oonstitute first reading. T Saco.nd.ed by Mayor.McCle1lan. All ayes, motion carried. Proposed 'Ordinance #9025-A, revising the subdivision ordinance, was given second reading, Mayor McClellan moved 'the adoption of pro- posed Ordinance #9025-A. Seconded by Cmn. Sutton, All ayes, motion carried. Mayor ElicC1ella.n suggeste.d that more than the usual number of printed- ordinance be ordered., and. that copies be sent to those engineers who have acted under Ordinance #9025, (Browne, Phelps, Dresselhaus, Free- ' land, Peterson & Evenson). Referring back to proposed Ordinance #5020, the Hayor pointed out that, theSe is no ,provision in said Ordinance for an invitation of bids. The City Attorney explained that applications could be received but no certifiaate granted 'until the effective date of the Ordinance. The City Clerk wes instructed to run an ad in the paper statlng that ap- .plications will be 'received for the collection of garbage and traarh, beginning approximately December 3rd. Second reading was' given proposed Ordinance #9035, changing zone of a portion of Cedar Hills Addition from E12 to R-1. Cmn, Sutton ', moved that proposed Ordinance a9035 be adopted, with the correction of inserting hE-2" wherever "E-1" appears. Seconded by Mayor McCleIlan. All ayee, motion carried, The City.Cierk read a- letter $ram Everts & Esenoff, accompanying the annual audit report, containing seven recommendations for improved handling .of cash and accounts of the City of Carlsbad. Copies were passed to Counci1,members and the recommendations were discussed. There was 'considerable discussion, resulting in the City Clerk being asked to investigate all possibilities and make some suggestions at the nentt meeting, for substaht%al compliance with the recommendations of the ac- .coantants. The City AWorney summarized and explained proposed Ordinance #lOO!j-A amending Ordinance #lo05 relating to the payment of bills, Cmn. Ede moved that first reading of proposed Ordinance #1005-A be waived, and that such waiver constitute first reading.. Seconded by Cmn. Sutton. All ayes, motion carried, - Proposed Ordinance #3015 was summarized, by the City Attorney, adopt- ing by reference Ordinance #lo31 as amended to date', of the County of San Diego (dog control). Cmn. Ede moved that first reading of proposed Ordinance #3015, be waived, and that such waiver constitute first read- ing.. Seconded by Cmn. Sutton. All ayes, motion carried. Porposed -Ordinance -#6030 coverang bench advertising, was summarized by the City Attorney, Mayor McClellan asked whether any provisions woulC conflict with.-ang provisions of Ordinance #SO20 and the City Attorney stated it would,not. Cmn, Ede moved that we waive first reading of proposed Ordinance #6030, and that such waiver constitub first reading, Seconded by Cmn. McClellan, All ayes, motion carried. form the West Carlsbad Lighting District, with change of address and date to, November 16th at 8:OO P. M. at the new City building. Seconded by Cmn, McClellan, A11 ayes, motion carried. Cmn, Sutton moved the adoption of. the resolution of intention to After a discussfon as to supervisfon.of the full-time fireman, it was decided that he should be under the joint supervision of the Fire Chief and the City Clerk-Administrator. The City Attorney was asked to make a .study on the proper method of 'paying the wages of the eight standby firemen and come back with a report to the Council as soon as possible . Cmn. Sutton moved the adoption of the minutes of October 3th be approved as corrected. Seconded by Nayor XcClellan, All ayes, motion carried . Mayor McClellan moved the approval of the payroll as certified by the Auditing Committee, subject to Gloria Vermilyea's check being filled in and appr'oved by the Auditing Committee. City Clerk read a letter from the County Pfa nning Commission dated May 20th, stating that in order to obtain State recognition and funds, 5.2 it would be necessary to submit. a plan.of the State parks and beaches to be incorporated into the County Masteer Plans. City Clerk Ewald stated he had called Joe Cockrill, chairman of the Planning Commission, and also some members of the Parks, Recreation; Beach and Tree Commis- sion and they suggested c'alling Mr. Kenyon down here, which had been done, Mr. Kenyon recommended that Carlsbad's plan be co-ordinated with the-master plan the State is now working, on. It was decided to await further inf orma t,ion from the State,. City Clerk Ewald submitted for Council approval a list of bills up to and including October. 19, 1954. Cmn. Sutton moved approval of the bills listed, ug~ to and including October 19, 1954. Seconded by Mqyor McClellan,. All ayes, motion carried. Cmn. Sutton stated that he would be gone from October 25th to the 5th or 6th of November and will miss the 2nd. of November meeting, City Clerk Ewald 'was asked to set up proposed Ordinance #LO32 on the agenda for 8:OO P. M. on November 16th. Cmn. Sutton proposed that the City clerk check into the possibil- ity of including all city personnel under Social Security. He 'was asked to do so and,report to the City Council as soon as possible. .. .. There being no further business to come before the .Council, Mayor McClellan moved for adjournment, seconded by Cmn. Sutton. All ayes, meeting adjourned at 11:10 P. M. Respectfully submitted, v M . 0 . EIVALD ,' City Clerk ""~-_"_"-_."""""""~-~"""""".""""""-~"~"~"-~- ,. N1NT;TES OF L'XETING OF CARLSBAD CITY COUNCIL November 2, 1954 hfeeting Balled to order at 7:OO P. X. by Eayor McClellan. Present besides the Nayor were Councilmen Ede, Castorena, Helton, Cit'y Clerk E- wald, Public Works Director .Anthony, and City Attorney Smith. Absent, Councilman Sutton. Reverend Zimerman of Gospel Tabernacle opended the meeting with and inspiring invocation. City Clerk Ewald read the following correspondence: Telegram' from Cmn. Sutton, absent on vacation, dorgratulating the Paid bill from Carlsbad Rock and Sand Company covering material furnished on the new City building.. The City Clerk was asked to ex- press the Council's thanks. Council on meeting in its new City Hall. Letter from the Traffic Safety Council to Rayor McClellan, announ- city that December 15th will be proclaimed by President Eisenhower as "Safe Driving Day? and requesting local support in the release of a pro- clamation on Eovember llth, with a copy to them. The Mayor stated he had received a letter from the Governor on the same subject and felt that we should cooperate to the fullest extent, to which the Council agreed. Letter from the City of Oceanside regarding amendment of the comm- unications agreement, stating that their City Attorney will prepare the necessary papers. City Attorney Smith stated he. had prepared the re- quired notice and resolution, and copies of the resolution were "passed to Council .members to study. Letter from the City of Oceanside regarding mutual boundaries, at- taching nap showing three parcels which should be clarified as to road maintenance and police responsibility, etc. The map and letter were circulated among the Council members. Discussion was deferred until la- ter in the meeting.