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HomeMy WebLinkAbout1955-03-01; City Council; Minutes4: Supervisors, Seconded by Cmn. Castorenn. All ayesy motion carried. The Council considered the recommendation of the Parks, Recrea- tion, Beach and Tree Commissiort as to a master plan for parks and beach. acquisition, to be included in the county kster Plan. It was Noted that the Harbor commission had recommended two revisions of the proposed plan. 1% was decided to return the file to the Planning Conmhssion for their further advice. - M. 0, EWALD, City Clerk r~~r.nrrr"r""""r"r.""""""rrr.r MIEUTES CF IEEING OF CGXLSSAI? CITY COIJEIL "k!Jb.RCIl 1. 1955 Meeting called 'to order at 7:15 P, 14, by Mayor NcClellan. Present besides the Mayor were Crnn.. Ede, Castorena, Helton, Shtton, City Clerk Ewald, Public Works 9irector Anthony, City Attorney Smith, - (8: 55 P. X. ) and Police Chief Palkowski. Reading sf the minutes was deferred uctil later- in the meeting. The City Clerk read the following corr9espondenca: Proxy carr? frbin Carlsbad Mutual Water- Comgiardy. Cmn. Sde moved khat the Council authorize the execution and mailing of the proxy ca~d. Seconcieil by Cmn. Iielton. - All ayes, notion carried, Letter from Carlsbad Enion Elemenbary School District request- ing that,tha City- makz an engineering survey of the cost of installing a seweri Line to serve -t.he proposed high school and proposed Valley grammar school, The Mayor explained that the elementary district is considering a site and feels that ,iF. it were possible to aca; quickly, the elementary and high SC~OQ~S could join with the Gallinger Cor- parat;iom. in the cost of the sewera line. After discussion, Cmn, Ede moved that the City Engineer be authorized to proceed with a survey on a sewep 1il-le to serve bot% the proposed high school and the Valley elementasy school. Seconded by Cmn, Helton, A31 ayes, motion carried , -1 Letter froin the Division of Highways dated February 24th regard= ing quarterly payment. of gas tax. The Clerk stated he hac! received the January quarterly payment. LecQ;cr* fr-om Baggs, Norman 6 Ufrich offering color photography service on sewer lines, Referred to the Director G? Public \forks, Lkt;tep from the Shcrcline Planning Association, enclosing copy of letter60 all legia~ators oppoking diversion of si1 royalty monies to the GenerdaP Fund. The Clerk was instructed to send them a COPY of Resolution #I56 covering this subject. 'Letber from the Board of Fire Underwriters enclosing FiFe, Pro- tection &?port on the City of Carls'uad. The Xayor stated he feels the City is in line for a better rating. Letter from Allan 0. Kelly protesting the business license os- dinance as-regards drilling of oil wel~s as being very restrictive, and proposing that this section be reviewed, Mr:Kelly was present and stated that the City of Oceanside had had a similar problem and had suspended that portion oT their ordinance as being too restric- tive. 9efepTred tintil later in the meeting. T!le City Clerk read Notice of Public Hearing on the application of 11. F. IIeidegger, et al, for reclassification from R-2 to R-3 of all of Clock A, Palisades, except that portion presently zoner', R-3, The recommendation sf the Pl.anning.Commission was rea-iewed. X letter of protest was read, signed by Harrie M, Gibson and Hattie Gibsoil, John and Lucille Stlyder, and Mrs. Margaret Bolles, all property own- CFS in the area; also a letter signed by Harrie FI. Gibson suggesting &hat the reclassification was being considered as a means of legaliz- ink a present non-conforming use and violation of zoning on the :ieidegger property, Coram. Stringer of tile Planning Commission was I 0 -.I a % 2 I 1 6 present and stated that the non-conforming use was not brovght up at the Planning Commission hearing and was not a factor in the CommiS- sion's recommendation. Mr. Heidegger was present in support of his application, and Mrs. Jane Sonneman also spoke in favor of the reclass- ification. Mr. Heidegger stated that when he was notified of the via- lation, he immediately discontinued use of it as a dwelling unit., After discussion, Cmn. Ede moved that the protests against the Heideg- ger application for rezoning be denied, because of the fact that they were not presented to the Planning Commission, and, secondly, because the Council is not informed as to a non-conforming use that was not corrected; and that it would seem better planning to have the ehttre block R-3; that the City Attorney be instructed to draw up an ordin- ance accomplishing the change in zoning. Seconded by Cmn. Helton. There was further discussion, during which Cmn, Sutton stated he felt emphatically that the matter should come back to the Planning Commis- sion, regardless of ttie validity of the protests, Vote on the motion: ayes, two; nays,: two (Sutton and McClellan), Councilman Castorena ab- staining, Cmn. Sutton moved that the matter be referred back to the Planning Commisiion, and that 'the building inspector be prepared to report on the possible non-conforming use so that the Planning Conunis- sion will have the necessary facts on which to base its decisioq; and that this hearing be continued until 7:30 P. M. on March 15th. Second- ed by Cmn, Ede. All ayes, motion carried. Mayor PicClellan suggested tliat all persons concerned be notified of the action taken so that they may be at the Planning Commission meeting if they so .desire; also that 'the representative of the Planning Commission advise the other members of what has transpired. Elmer Ehlers, Earl Iioskins, of Oceanside, and E. G. Kentner of Carlsbad were present to ask endorsement of a proposal to review the highway sign situation i'n the Oceanside-Carlsbad area, on the basis that. the present signs reading "Carlsbad" and "Los Ang,elesn at the south city limits of Carl*sbad, and those reading "Oceanside" and "Sari Diego" at the north City .limits of Oceanside, are nisleading and confusing. They stateid the traveling motorist was given the impres- sion that he was but a few miles from Los Angeles, northbound, or close to San Diego, southbound. They also objected to the signs read- ing "Business Route", as the word "business" suggests congestion to the average motorist; and proposed that they be replaced by signs reading "Coast Routet'. They asked that the Nayor write a letter to the State Highway Cosmissioner supporting the pmposal. A mag was shown indicating proposed' locations of signs. Cmn. Ede moved that the Council authori'ze the Xayor to write a letter to the State Kighway Commissioner endorsing the proposed sign changes, Seconded by Cmn. Suttonr With the consent of the second., Cmn. Ede added to his motion - 'lsubject to the approval of the Chamber of Commerce." Mayor McClellan stated he wished to be assured that the proposal has community support and asked whether the Chambers had taken formal action on the proposal, The proponents s.tated they had brought the matter to the attention of some of the directors, who were in favor of it, but that no vote was taken The City Clerk read an item fron the "American Municipal News" concerning a gross revenue tax imposed on the telephone company by some municipalities. Referred to the City Attorney for his- study and recommendation . The City Clerk reported that only one bid had been received in response to the Notice Inviting Bids on the used' street sweeper,. that of Drown-Bevis Industrial Equipment Corfipany, The bid was opened and found to be on a WAYNE Model l=SO reconditioned motor pick-up street sweeper, for a total price of $3605.00, net cash 30 days from delivery, f, 0. b. Carisbad,. California, for immediate delivery, Kr. Anthony reported that he had gone up to the yard in Lbs Angeles and looked over the machines and operated this one and found it ran very nicely. Ke stated they wou1d"guarantee it for 18 months. It was brought out that the money' is available in the maintenance item of the budget, since maintenance is running less than the estimated $2000.00 per month, After discussion, Crnn. Castorena moved the adoption of Resolu- tion #x58 authorizing the awarding of the bid to Brown-Bevis Industrial Equipment Company, and that the City Clerk be instructed to purch,ase the sweeper abcording. to the specifications" in their letter, for a total price of $3605,CO; and that'the City Attorney be instructed to look over the matter, with the help of the Public' Works Director. Seconded by Cmn. Helton. All ayes, Resolution adopted. o It was sug- gested that the 30 days be taken for payment. Cmn. Ede was excused at 8:35 P. M. . The City Clerk summarized a form received from the Controller1 s office authorizing a City official to file a report on streets and highways regarding expenditure of gas tax funds. After. discussion, Cmn; Helton moved the adoption of a Resolution (#159) authorizing the City Clerk to file the report requested by the ,State Controller. Seconded by Cmn. Castorena. All ayes, Resolution adopted. The City Clerk reported on the contingency fund as follows: Original amount budgeted ....... $7000.00 Transferred to building fund ... 5800.00 1200.00 Site acquisition reimbursement . 175O.CO 2950 . CO Transferred to fire hydrant fund 300.00 BALANCE . . . . . . . $2650 . 00 He reported that it will be necessary to transfer an additional $700.09 to the contingent fund to cover cost of the building. Cmn. Sutton “moved the autharization of the transfer of $700.09 from the contingency fund to the bui-lding fund. Seconded by Cmn. Ca’storena. All ayes, motion carried. The Clerk commented that withdrawal of this amount will leave a balance of $1949.91 in the contingency fund, The proposed master plan for beach acqui’sition was discussed. The City Clerk read a letter from the Harbor Commission approving the proposal wibh the exception of two small revisions, indicated on the map attached thereto. After discussion, Cmn. Nelton moved that the entire file be returned to the Planning Commission for their study and further advice. Seconded by Cmn. Castorena. All ayes, motion carried. r City Attorney Smith arrived at 8:55 P. M. The City Clerk read the following memoranda from the Parks, Rec- reation, Beach and Tree Commission: (1) Recommendation that the City negotiate a lease or easement with the San Diego Gas & Electric Company to accomplish access to the beach. Deferred until later in the meeting. (2) Recommendation that $300.00 be transferred from the Beach To-ilet Fund to the Park Fund, and that authorization be given to spend it on Holiday Park. Deferred. (3) Recoumendation that Charles Freebern be employed as Chief June 17-30, 1955, on the basis of $300.00 per month; and that $45.00 from’the Life Guard Equipment Fund be transferred to make up the de- ficiency in the Life Guard fund (salary). . Deferred. SI . Life Guard at the Carlsbad Beach for the Easter vacation and from After a 20-minute recess, the Council was reconvened at 9:20 P. MI Cmn. Sutton moved the transfer of $300.00 tb the Park Fund from the Toilet fund, and the transfer of $45.00 from the Lffe Guard Equip- ment fund to the Life Guard fund. Seconded by Cmn. Castorena. All ayes, motion carried. Cmn. Castorena offered a Resolution (#160) authorizing employ- ment of Charles Freebern as Chief Life Guard as recommended by the Parks Commission, to June 30, 195-5, on the basis of $30C.00 per month. Seconded by Cmn; Helton. All ayes, motion carried. ?i Cmn. Ede returned to the meeting at 9:25 ?. M. -The City Attorney read from Ordinance #6005 the Section cover- ing the drilling of oil wells, providing for $3.80.00 per year license tax and a special permit fee of $IOOO.OG per well. There was cbnsid- erqble discussion on the matter, it being generally agreed by the members that the Section was made restrictive to discourage oil well drilling as an unfavorable land use. The City Attorney suggested that perhaps the $1000.00 could be held by the City as a performance bond, for security. There was some discussion as to whether the ordinaace could be amended during the license period, and the City Attorney stated that so long as there are no outstanding licenses it would not I 3 -$ n $ Vd 3 I I 6 .. violate the spirit of the ordinance to amend it. It owas decided to refer the letter from Mr. Kelly to the Planning Commission for their advice and recomaendation as to use of the land for this purpose, and, if an application for a permit is made, the Clerk was authorized to advertise same for hearing. Mayor McClellan stated that a lady living on Lincoln Avenue had called to express her happiness over solution of the drainage problem there . Public h'orks Director Anthony outlined the work that had been done at Madison and Grand in installing the catch basin and the drain line down Grand Avenue, Nr. Anthony was excused at 9255 P. Ir:, The City Clerk read the monthly report of the Police Department, as follows: Arrests .......... 11 Accidents .......... 9 Traffic Citations ..... 51 General Cases ....... 84 Chief Palkowski reported that three officers of the Department are attending the San Diego Police Academy for a 3-month course in police training, covering police techniques, traffic control, testi- fying in-Court, and general practices. The course requires five days per week, four hours per day; and the men are scheduled to graduate on the 21st ot this month. He also reported that he had discussed with Cmn. Castorena an opportunity to send a man to USC this fall for a 12- unit eollkge'credit course on Delinquency Coxjtrol. He stated he had the opportunity of going through it himself and found it very valuable. It is a 3-month course, and it might be possible to get a small scholarship of'$150.00 toward the cost. Me also reported on the pend- ing legislation in Sacramento to. make it mandatory that every Police Department in the State be investigated'every year by members of the Attorney General's staff, whiOb report would be made public. It will also set up a ,set of professional standards for candidates for police offi.cer jobs, to be cleared through the Attorney General's office. He stated" he personally favored it but some Chiefs felt it would re- duce local autonomy, although raising the standard of police officers all over the State. Mayor McClellan requested that the Council select the Mayor who is bo take office the second Tuesday i'n 'April, so that he night be acquainting himself with the duties of office. Cmn. Sutton offered a motion that Raymond Ede be unanimously elected Mayor, to take office months. Seconded by Cmn. Castorena. Ayes', Crnn. Castorena, Sutton, Helton, Mayor McClellan; nays, Cmn. Ede; absent, none. Othe second Tuesday in April, and to serve for the ensuing twelve Cmn. Sutton suggested that on the night these three officers graduate, a congratulatory telegram or message be sent them to show the Cornwilts appreciation. It was agr'eed that this should be done. The City Clerk read the Fire Department report. for February, 1955', as follows: Fires......... .... 4 Auto Wracks ............ 1 Average attendance at -alarms . 14 Business meetings ....... 2 Drill meetings ......... 2 Average attendance at meetings 17 The Mayor reported on a meeting called by the Board of Super= visors on 'Air Pollution Control, wh3ch he was requested to attend but couzd not. lie stqted Mr. Claud.Fenne1 attended and will no doubt make a report. He observed that it appears the smog control proposition will be a very expensive matter, Mayor McClellan reported that on the reques€ of the attorney for the San Diego Gas e Electric Company a.conference was held, their reason being that they were disturbed over the proposal to have the Agua Iledionda declared a navigable stream. He stated they' opposed it very strenuous~y on the @ound it would impair their free use g ;, I .? of the lagoon. The.y proposed that if the bil.1 were withdrawn or died in committee they would take no position for or against the ap- propriation or loan bills and would immedxately negotiate a lease on the middle and easterly lagoon. The City Attorney stated it was his understanding that the lease would embrace only the easterly lagoon. It was brought out that the Harbor Commission had considered the. proposal at their meeting and took action to decline it, and to conkinue support of the Navigable Stream bill. They passed a motion asking the officials of the Gas Company to sit in conference to see whether an agreement could be reached. The City Clerk stated that there have been 45 bills introduced into this session of legislature to establish an agency of control, and that it is almost certain that one will.be established. The recommendation of the Parks, Recreation, Beach and Tree Commission to negotiate a lease with the Gas ComGany for an easement or lease, was further discussed. Cnm. Sutton stated he wished to go on record that if the Harbor Commission fails in its negotiations with the Gas Company, the Council will by common consent take up the negotiations at that point. The Mayor stated that the secretary of the Harbor Commission had read a letter to him, which they proposed to send to the Gas Company, which was very conciliatory in tone, stating that they really hoped that further negotiations could be had. Second 'reading was given Ordinance #9040, changing zone of Wil- sonia Tract and a portion of Section 31, from E-2 to R-1A. Cmn, Ede moved the adoption of Ordinahce #9040. Seconded by Cmn. Sutton. Four ayes, no nays, none absent, Cmn. Helton abstaining. City Clerk Ewa1d"reviewed the letter from Col. I. H. Gronseth proposing that the Ordinance be amended to require an additional fee for building on lots in the service area of existing fire hydrants if the owner has not previously made a contribution, Referred to Cmn. Helton to get a cross-section of the feeling of the contractors and owners on the proposal. The City Clerk announced that the Garden Club is planting a tree' at the City Hall on Monday, March 7th, and would like to have a . small ceremony with the Mayor and City officials pr~esent. The Hayor stated he would be present. Cmn. Sutton moved the approval of the bills through February 28t$1, as certified by the City Clerk and approved by the Auditing Committee, Seconded by Cmn. Helton. All ayes, motion carried, Cmn. Helton moved the approval of the payroll to March 16th, as certified by the City Clerk and approved by the Auditing Committee. Seconded by Cmn, Sutton. All ayes, motion carried. Cmn. Sutton moved that the- City Council notify the Harbor Com- mission that they feel it is of utmost importance to continue negoti- ations with the Gas Company, under the circumstances; that we are in great sympathy with their feelings in the entire matter but feel that if they do not keep negotiations open, that the City Council will be forced to carry on and keep said negotiations open. There was some discussion on the notion, it being pointed out that there are other relationships between the City and the Company that are affected by the Harbor Commission relationship. The xotion was withdrawn. After further discussion, Cnn. Ede m0ve.d that the City Council recomr mend to the Harbor Commission that every available means be used to continue negotiations to the point of reaching an agreement with the San Diego Gas @ Electric Company; that we respectfully urge them to consider the fact that there are many phases to the City's relation- ships with the Gas Company, and that such relationships should be maintained as far as possible, Seconded by Cmn. Helton. -All ayes, motion carried. I. City Clerk Ewqld reported that the Stanley Advertising Agency took out a permit for 'one. bench and stated that they would take out permits on additional benches as-they are contracted. Mayor McClellan congratulated the Council and Cmn. Ede on his .' , .II. selection as the next Mayor.. t Coxisideration of the minutes of the nee6in.g of February 15th wa.5 deferred until the next meeting. C;Tlil. Ke3.totl n;oveci for adjournment, Cmn, Castarena seconding, h13. ayes, meeting adjourned ai; 11:OO ?. X. KespectFully submitted, v /sgcl/ M. 3. Eh‘AL9, City Clerk ~““”-~”““-~”“------L-”~”~~”~~~- MINUTES OF MEETIlIG 3F CACLSBAD CITY COUNCIL March 15, 1955 Meeting .called to order at 7 :Os P .- Me by Xayor XcClellan, Presenb besides the Mayor were Councilmen Castorena, Ede, Helton, SuLton, City Clerk EwaPd, Fitblic Works Director Anthonjr, Police Chief Palkorsski. Absent, City Attorney Smith . The Clerk read the following correspondence: ..f Letter from the San Diego County Health Eepartment asking whether .“qJ Antl~ony strongly recommended that the Council. authorize participa- !*.J tian in the program. Cmn. Ede moved that NP. Slater be conkacted and I, ....) g-3 ., tfie City of Carisbad wishes to participate in a gnat control program P” ’. .% with Oceansi.de, at. a cost of approximate3.y $1O8.00 to each. :fro .- ....” advised that Carlsbad will participate i*? the program; a’ml that the rlecessasy funds be appropriated from the Public Works item budgeted for drainage of the lagoon. Seconded by Cmn. Sutton. A11 ayes, no nays, moti on qarried o Letter> from the Division of liighways dated March jLh, .asking fcrr copy of resolution for remove1 of the trees on Elm Avenue. Copies of Resolution X16I were passed to members. Cmu. Ede move’ci the adop= bion of .proposed Resolution #I61 pertaining to the removal rif trees on Elin Avenue, Seconded by Cmn, Heltan. AI1 ayes, motion carried, Letter from the 0-f, Sportsmanfs Club complimenting the Council on the stand taken Tuesday -night on the Harbor situation, Deferred unti.1 Pa ker. Com.nie Smii;h of the Planning Commission made the following report on Kl”nning COmITliSSiGil ;natters before. the Council: 1, On the ileidegger application for reclassification, refemed back to the Commission for further study, the Commission bad voted to star,d on i2;s former rcaommendation for approval of the applica- tion from R-2 t;,o R-3, since there was no evidence of present non- confox-ming use of tne property. Deferred until latsr, 2. Thai; the Commission had studied the revised- map on the beach acquisitiGn plan but could take no action as the map was not initialed and bore n~ indication that it had teen revised by joint action of the Parks, Recreatioc, Beach and Tree Commissioft and the Harbor Corn- mission. :le stated that Mr. Kalicka had been present and had brought up the point %ha@ where favorsble action is taken, reascxzs for doing so should be clearly stated, an3 that no changes should be made without I i specific authority of t.he ‘person making the notion initiating the 1 action. He further pointed out that the time element- is not as urgent as had been indicated, as it has been extended to Kay Ist, 3. That on the Allan Kelly letter suggesting review and revision of the business license ordinance as regards dri.lling of oil wells ?fro Kalicka ha6 advised the Commission that this is one of the most; complicated problems confronting cities and ho hasty action should. be taken; that very soon he would furnl.& the Commission with. a set of . mconnmendations governing this probEem, for its approval and that sf the City Coumil.., The Council was agreeable to awaiting further ac- tion by the Planning Commission. The City Clerk read a copy of letter from Byr1 Phelps giving figures and estimates on extension of the sewer line up Chestnut ‘.