HomeMy WebLinkAbout1955-02-01; City Council; Minutes5
$IINw OF PWWG OF CARLSBAD CX!E Coma r - Heetiag called <ot order at ?:lo P.M. by &tug byor Sutton, Present besides the htlng byor were cm. Castorena, Ede, Helton and kyor NoClellan; Public Works Direotor Anthony, City Attorney Smith and Polioe Chief Palkowski',
with mltnor corrections, Seeonded by Cm. Belton. %,All ayes, motion oarried.
fh8 City Clerk reviewed the Hotioe of Publlc Hearing to be hela at 2tPO P,M,, February ad, in Boom #2O3 , civic Center, by the public Utilities Comais-sion on the San Rego %s k Eleotrio Compang8s request for an increase in rates. The City Clerk stated he had Learned from Mr. L1111e that the raise would be set amording to zones, with sa Diego City getting the lowest rate, coro23ado the next highest, and all other cities In the county the highest; The council felt that Carlsbad.. should' Join with the other Cgties in the County to pmteot emselves fron an unjustified increase; hyor #cclellan stated that he could attend the hearing by 3:OO P.R. a and was asked to do sot.
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Hayor Xo&ellh moved. the approval of. the minutes of January 18th
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kf3 Bill #lllG rrg2ating to knicipal ker Distriots, and stating .that he 5 had that day introduced the Car1sba-d Harbor bill. bferred to the city 5 Attorney for study.
T-1 City Clerk %ala read a letter from Sheridan Hegland concernfng
ktter from the Count &of San Diego dated January 20th, enclosing draft of Ordinaaoe f1446, few Series, covering ohanges in oonneotion with the healtb oode. bferred to the City Attorney for his study",
ktter from the 'Division of Hi&~ays, dated January 20th, approv- fng transfer of funds from the constmotion fitoad to the engineering fund t.0 pay the remainder of Byrl phelps's bill, and advisilng that it is uomnion polioy to withhold 10s of the bill until the completion of the job, The bill was put on the agenda for the next meeting for oonsideration',
Letter from Senator Kraft regarding extension of hering Act;, stating' that. the bill, had been presented by Assemblyman %gland:
Letter from the Department of F;inanoe..reportin on Chapter 47 and Chapter 20 funds *listing available balances, The 81, Clerk was asked to ob& the Carfabad balanaes for correctness,
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Mr. Anthony reported that he had gone over with Emie Tgylor the matter0 of adjustment of the mutual boundary line with Oceanside, and that he and the Magor had discussed it, but it was decfded to hold %he matter In abeyance until some small differences could be ironed out.
City Clerk Ewald read the monthly Pipe' Department &port for January, 1955 s as follows:
F~res~~~~..~...~........~ 4 Auto wreas *:.:*..*:. 1 Besoue (catP....ff.l
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Average attenanae at alarms. .. .. 0...e.0..&4.. ~.;...~....... ....A 16 Average attendanoe at laaetings,. . I .'. e . .. +. . . . . ., . . 18
The January Polfce Report was read, as follows:
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Traffic Citations. ..,..,:..49 General Case~.~...~~.~...95
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Cm. Castorena .'stated that the Fire Department had just recelvea Inventory sheets on the civil Defense equipment, to be sigped by the Fire Chief and the City Clerk. h. Castorena moved that tk city Clerk exmute the dooument. Seaonded by cmn. Helton, A11 ayes, mo- tion carried.
The City 'lerk read a. memorandum fm- the Planning commission reoomemding approval of the request Of G. D. PI-, 2740 Arlad Roa,
. , fop varianoe to permit. reduction in Front yard' setback from 50 feet to
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iK, feet from.ceater-line of the street, and in side yard setback from 10 to 5 feet., .on-La~.,.~.,...~~~~--~t. Cm, Ede moved that the re- oommendatlon of the planning Commission be aocepted and the ararianoe granted as requested by Mr. filokan. Seaonded by em. Castorena. Four ayes, XIQ nays, Cm. %lton abstaining, motion oarried.
City Clerk &ald read Notice of public baring on the appllcatfon of the Planning Commission to zone all wrzoned areas vithln the cor- orate boundaries of the City of Carlsbad to Zone Bd. &. Allan blly, Mr. Paul Eoke, Mr. w. Do cannon, and Hr, Garber and Mr. hen representing the san Diego ks 4 Eleotrio conpany all owners of property whioh would be affected, were present. fir. Paul E&e pro- posed tbat the Counoil postpone action on the petition for serveral weeks to allow all affeoted land-owners to oome to the Plannlng com- mission with proposals for proper zoning for their Individual property aooordlng to its best use, stating that he will be out of the City for several weeks and will not have time to prepare his proposal until his return'. He stated he would be agreeable to R~L zoning of his property. lyltng east of the traoks but does not want it west of the railroad, but that his attorney would need time to study the situation and pre- pare proposals$. Mr. Cannon also asked that action be postponed so that he could offer proposals which would flZlt in with his plans3.1 He stated he fitvored a meeting of the large property owners of the area with the Planning. Conrnrission for disoussion of the matter.
Plr! was
hast& Bawagartner .of we PZannIng Commission was present and ex-
less restriotive, and their recommendation was tbt B-A zonlng be ,An64 $W% 8h@ && ator.@ &p dhosgm 4s a stop-gap, as they felt it
placed on all unzoned lands as a temporary proteotlve measure, and the Commission would then be glad to meet. with the individual owners and hear their proposals.
@he City Clerk reviewed the ori inal memorandum^ from the Planning commission reoommending approval of Ia zoniag of all unzoned proper- ties In the City and sulnmarized a supplementary memo urging that ao- tlon be taken immeaiately by the counoil to get the property zone&
~ City Clerk &ala read a letter dated February 1, 1955, from the sen Diego hs & slecttrfo Company, acctompaaied by a map outllnirrg various areas referred to In the letter, requesting that certain areas be given I Zo~ing .as specified In the Letter. The letter further stated that ths Company all furnish legal desarlptions of the land:
kyor HoClellan asked whether they would be willing .to enter into '%ntlemaa* s agreement" That- they would not put the property to any unfavorable or offensive we, as determined by the Building Inspeotor, if the requested postponement were granted for the purpose of a rest;udg by' the Planning Cornaission, Mr. &&e stated he did not believe the city will ever be hurt by what either Mr. %man or he will do down there', &. Garber stated that the %s company does not intend to build. a gas mufacturin plant but does intend to bulld a generat- in station. &. Allan lly stated that he has no objections to the B zoning but that if further time is going to be granted he may oome in with a proposal to the planning Commisslon for light indus- trial zoning on some of his bottom land.
After oonsiderable dif3wssha, kgor kClel3.m moved that on the basis of the commitments from- .%he property owners present that no -of- fensive use would be made of the property, this hearing be oontinued to April 5, 195& a.t. 8SOO- P-.k-,- and- I= in the meantime the matter be referred back $0. she. pJ.anxllngT CommAssion with the requfSst that ... they consider the request at! the three mers present and any other owners who may wish changes from the proposed zoning. Seconded by Crnn. Me; A11 ayes, motion ~arried. Planning Commissioners Baum- I gartner and hirsky were. asked. go. convey the gist of the meeting to the Planning Commis,sion,. and- &s*- yemilyea was asked to furnish the ~olamisslon with an excrerp$;.from the minutes of this meeting.
of C. D. Fields et al' for reclassifioatioa from E-2 to R-la of WS~- sonia Traot and a portion of Section 31 %p. U, N, %age 4 W. A letter from Mr. Bokhnd .G, %gar 2717 ~ilaon Street, protesttng the ohange of zon wa.8 reed. *he. recommendation of. the Planning commls~. sion that the reciassifiaation be approved .was reviewed, and. it was noted that praotioally every owner An the area had signed the appli- oation iz~aupport ,~.V.,, . thereof. && D. E. Southey, 2618 Wilson Street,
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City clerk Ewald read the Notice of public Hearing on the application -I"*,-L..-
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asked whether they could sell, off 75 feet at either sfde of a 225' frontage and leave a 50' 10%; she was advised that it would be poss- ible to do so but a 50' lot,couM not be built upon in an R4.A zone, she also asked whether they could eontinue their chicken business and was advised that they oould, but would not be able to sell the buslness to another party to obntinue the same bu$hess as it would be a non-confomning user.. she was asked whether she wished to protest the change of zone and stated she did not, Nr. Scheetz, one of the appli- cants, and Hr. Walter Lile of 1740 Buena Vista, were also present in support of the application, comm, Baum rtner outlined the area to be rezoned on the sap.. After discussion., Em. Castorena moved that the protests be overruled, in view of the overwhelming 8uppor% of the pebltion, and that the City Attorney be instruatbd to draft the neces- sary papers to accomplish the change as recommended by the planning Commission. Four ayes, no nays, Cnm, Heltonabstaining,
Mr. Claud hmel presented the recommendations of the Citizens' a- visory'Committee to study financing of the sewage disposal plant, as follows 2
cently defeated; and that the council contribute some money eaoh year from the GeneraL Fund for retirement of these dewer bonds,
After a 15-mInute recess, the Council was reconvened at 9405 P,H.
1. That the Council call another election similar to the one re-
2. Th6t the City counoil request the Committee to present to the City Counoil a statement for 10-1 publication, setting fopth its Peasons for the Committee report to the Council as of' this date in re- gard to the seaond sewer bond.
3. That 'this Committee be made 8 permanent Sanitary Commission to assist the .Council in matters pertaining to sanitary cond1t;ions in the City of Carlsbad.
Mr. Fennel stated that there was a sinoere feeling that all should eontribute in some manner to the rehabilitation of the sewage disposal plant, inasmuch as the schools belong to everyone, the churches, clubs, et& are all community projects ,In which all should contribute to the cost, The City Attorney stated he believed a percentage could be ar- rived at for publio installations and private installations Council eontribute that percentage from the general fund.. Ihe8ns:aE the Counoil could do so on a year to year basis as the budget is set up, but could not bind future councils'. There was some discussion as to maturity and redemption of the bonds, and.-the City Attorney ex- plahed how redemption would be aecopplished:
It was suggested that if another.election Is to be oalled, the boundaries of the District could be changed to include. the property which will later come under the high-pressure line, The City Attorney stated that the District is already formed and it will merely be a question of calling an eleotion, as indicated by a hurried check, but he stated he would like to study the mattex= further before saying definitely, After discussion, ~nm.-%lton doved the adoption of a resolution authorizing the City attorney to secure the services of O'Melveny and Myers and have the necessary papers ready for the next meeting, if possible. Seconded by k. Ede., Five ayes, no nays, rresolution adopted.
Hayor McClellan offered a motion expressing the appreoiation of the counoil to the Citizen's Advisory Committee; advising them that we have acted on their first recommendation and are eonsidering means of tak- ing care of their second and third recommendations; asking them to 'continue -in their capacity-until an Ordinance is passed creating a Sanitary comrbission; and authorizing them 'to prepare and publish a statement, to be first reviewed by two members of the Council, Seconded- by hu~, Helton, A11 ayes, motion carrie8.
C,ity Clerk %aid read a memorandum from the Parks, Recreation, Beach and' Tree Cammisslun recommending that the trees on Elm Avenue be re- moved and replaced by other trees. etters from &, FaipcWU,. Nr, and Mrs. E, G, Kentner, signed also by Edward and Jeannette PIIorgan, Mr. and Mrs. Shadel and Mr. and Mrs. cox, a letter from W. Roy Pace si ned by nmrous property owners and merchants along Elm Avenue, one from fi 08s brrls'on, one frou %?. and Mrs. Shadel, a letter from the Gospel Taber- nacle, and. one from Qud J. permel, all advooating the im rovement of Elm Avenue and replacement of the .mealy tus trees w.ith frn or other ,suitable *reds, hyor Hecleuan coke P n favor of the 'ffaevefopment 0'
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Elm Avenue to its full -width, stating that theeucalyptus were planted fn 1886, before any vision of what was- to come in the way of ' ' traffio, that they present a problem of maintenance and in my in- stanoes a hazard;: that he believes It would be more inviting to a motorist to have a wide, adequately marked street, than a shady lane. He stated that the traffic count by the Division of Highways of 1200 per day does not In any way refleet the traffic-passing through the structure. & reminded the Council that no owner of the Elm Avenue property where there were trees had objeoted to their removal and that he is personally favo-able to- the Counoil announcing its inten- tion of instruoting the englneer to proceed with the imprevemsnt of Elm Avenue'.
After disoussion, cmn. Ede moved that the engineer be authorized to proceed with plans to construcrt Elm Avenue to a four-lane street in oomplianoe in all details with the Division of Highways' standards
planting to replace those taken out. seconded by hn. Helton. A11 ayes, motion carried.
~ for use of gas tax funds; and also to put into the plans some tree
Referring bck to the recommendations of the Citizens' Committee on Sewage Disposal, it was agreed that the Committee be asked to con- sult with Mr. Anthony and work out a breakdown as to the, comparison between publicly-omed and privately-owned installations. As to the formation of a Sanitary Commission, it was agreed that the Committee be asked to continue to function until such a Commission is created?.
Hr. Claud Fennel reported that Arthur Eddy, County TEQP Assessor,
had asked him to aaeemble a Committee to study the sawifices made by owners of property on Carlsbad Boulevard, in order that they may make some just and equitable changes in their assessments; and re- uested that the Council make appointments for this -committee. The Zouncil. felt that the City should be represented on this Committee and referred the matter to Mayor McClellan to make the appointments'.
Council's expression of appreciation\ Mr. Fennel expressed the thanks-of his committee for the
Mr. Anthony asked whether the Fire Department could touch off the old building still remaining on the park site, and was tola they might do so.
Can. Ede moved that first reading of proposed Ordinance #9039, Changing zone of a13 of Block 32, carlsbad Townsite, from R-3 to C-1, be waived, after reading of the number and title; and that such waiver const%tute first reading, Seconded by Cum, Helton, A11 ayes, motion carried.
Ma or I4cClelLan stated he felt the @,ouncil ought to press the County e ounsel to act as attorney for the Public utility District in a suit for declaratory reflief, or else ask the District to employ private counsel to bring the suit.- City Attorney Smith stated that he is working on the matter.
City Attorney Smith stated that the action on the oanvassing of
the sewer bond election should have been covered by a resolution Instead of a motion, and. it was deoided to so amend the minutes of the January 18th meetin& cmn. Ede moved that the minutes of the meeting of January 18th be amended on the matter of the canvassing of' the vote to show the adoption 0f.a resolution, instead of a mo- tion declaring the results of the ele8tio& Seconded by7.Cmn. cas- torena, Five ayes, no nays, none absent, motion carried:.
The. City Clerk reported that billing on Terramar Lighting Dis- trict has been made and payments have been coming in very we11 'for both 1934 and 1955 installments. b also reported that he ran a quick total on sales tax recelpts, which amomted to slightly over $1600.00 for" the quarter as against a $3OOO,OO gstimate per quarter in the budget..
tified by the City Clerk and approved by the Auditing Committee, be authorized for payment. Seconded by cm. Helton. All ayes, motion carried.
Playor McClellan moved that the payroll to .February ljth, as cer-
Mayor McClellan moved that the bills as listed,- through January 31St, as oertified by the' City Clerk and approved by the Auditing
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Committ+e, be paid, Seconded by Cmn, Helton. All. ayes, motion carried".
Helton moved for ad jourment, seconded by can, Gahtorena'. A11 ayes, meeting adjourned at 10:25 p.pt,
There being no' further business to come before the Council, Cmn.
Bespectfully submitted,
ETEWALD, City Clerk
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~~~~~S OF .MEETIWG OF CAWSBAD CITY COUNCIL
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Mayor Mc'J1ella.n called the meeting to order at 7:05 P.M. Present besides the Iqayor were Councilmen castorena, &de, Helton, Sueton, City Clerk Ewald, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkor-uski, 3
b-i 0 Head of the minutes of the meeting of February 1st were de-
@ ..L. ferred until-later in the meeting,
,;s The City Clerk read the followit,mtig correspondence:
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- Letter from the Oarden Club, signed by Mrs. Edgar Lampton, 1243 Lagma, to the Mayor, offering one or two Christmas trees to be planted at or near the City Hall, The City Clerk was asked to aoknotv- ledge the letter, thanking Mrs. hmpton and advising her that the
' Council will. asksfor the recommendation of the parks? Recreation, Beach and Tree Commission on their kind offer. Referred to the said Commission for their recommendation,
Card from the &ague of Califomla Cities announcing the dinner
Letter from League of California Cities concerning the uniform
ktter from the City of San Diego regarding proposed rate in-
meeting in Oceanside on Friday, February 18$h, at 7:15 p,N.
- sales tax legislation, '
orease of the San .Diego Gas & Electric Conpany, advising that the services of Mr. Clarence winder, public utilities consultant for the City of San Uiego, would be available to the smaller oities for rep- resentation at hearings on the matter at a cost of not $0 exceed
i$jOO,OO for the larger cities and proportionately less for the small- er cities; and that it would be necessary for the Council to pass a resolution authorizing &. Winder to file an appearance on beWlf of the City if they wish this representation. Cmn. Ede moved the adoption of Resolution #153, to be drawn' by the City Attorney, author- izing &. Winder to represent the City of Carlsbad as outlined, copies to be forwarded as suggested, Seconded by Cms, Castorena. A13 ayes, mot ion mrr led ,
Letter fron chapoc Engineering company complimenting Mr.- Anthony on his competent handling of inspections, etc,, on their building projects in Carlsbnd'.
Letter from the City of El Cajon enclosing form of resolution
* urging %he Board of Supervisors to support the &ague or Cities* Uniform Sales Tax proposal,
Dr. Harold Bairohild, chairman of the Citizens' Advisory Commit- tee to- study financing of the sewage disposal plant, was present and read a letter setting out his Committee's reasons for their recom- mendation that another bond election be held as soon as possible% The matter of revision of the bbundaries to fom a new district, to include propeyties already connected, squaring off the boundaries at the southern end of the district, excludf'ng certain portiohs of the Santa Fe right-of -way, and possibly including 28 lots in CARLSBAD
ESTATES, was discussed fully, The matter of including the proposed high school property on Chestnut, (also the ranimar school to be eon- - structed east of Highland Drive, if possible f was brought up, but it