HomeMy WebLinkAbout1955-11-08; City Council; Minutes-g 8.
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for a. mjor Improvement, The City PIanager and Director of Public Ljorks weye InstructeCi to study a11 possih'l_e expenditures and report back to the Counc93.. their recommendations.
Cmn, Suttor! moved agprclval of the payment of the bills for the period 0o:l;ober bth to 3.8tb., In the amount of $3,831,95>, as cer'cifl.ed by the Ci-by Clerk a.nd approved by the Auditing Conmittee, Seconded by Can. Castorena. A11 a,ye s. Not ion carried. ,
Cmn. Hobinson moved ra.tiflcatZon of the payrobl as of Cktober 15 p 1955, as c;ertified by the City Clerk and anproved by the Aud9t;ing Corn-
rrj.t;tee, Seconded by Cmn. Castorena.. All .?:yes, Piotion mrried. "
Cmn. Sutton moved for adjournment ant: it; was seconded by Cmn. Castorena. I'keting adjourned at lO:'3O P, PIe
Respectfully submitted,
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9 jlI?ZMUTl$S OF ThX REGULA2 IW3TING OF THE CARLSSAII rJiTX COUNCIL Iiovexber 1, 1955
The regular meeting of the City Gouncil vlz.s called to order at 7:OO P 4 I"I *
Pyesel2t TrlerF: Councilman Bobinsor! a.nd City Clerk Ewald,
The meeting was adjourned at 7:Ol 3. Ivi, Until, November 8, 1955 at
?:GO 3. N.
Ilexpectfully suImItted.,
S M . 0 w EVALQ, - CLtX Clerk """--- """"""""""""------------- """"""""--~-~---
5 MINWES f]p THE ADJOLGjATED TFlETIMG C'F THE GAELSEATI CITY COL'NCSL
November 8, 1955
The meeting was called to order at 7:OO.;c)., 15, by Ma-yor Ihymond C. Ede, Present besides the Xaycr were Councilmen Robinson, EIelton and Castorena, City 1Qma.ger Nelson, City Attorney Smith, Pub1S.c Works Dip- ector Anthony, a.nd City Clerk Swale?. Cmn. Sutton was present after 7:20 P 31 *
The Council immdiate2.y proceeded to the opening of the bids for the
Olive &ive Sewer scheduled for 7:OO P, Ma City Clerk Ewald opened the sealed bids and announced the Contractor an4 each bid In q.uantity and amotmt in the order listed: Don Hubbard, 1,. Ca.sti1.h an3 Russell Thibado,
Vista, !$alter €1. &.rbor, Dorco General Engineering and Construction, Oceanside, and Shaffer and Stowey, San Diego, The bids were then turned over to the City Attorney for ta3ulation mCi appyoval of form.
bmn. n Castorena. m077ed the approval. of the minu.tes of the regular meeting of Cctober 18th, as written, with Indicatw3 connection. Seconded by Crnn'. BobinSon. kll ayes, Motior, carried.
Can, Robinson moved approval cf the minutes of the regular meeting of NovemSer Lst, Seconded. by Castorena, All ayes, Hotion cmried,
.Copresuondence: City Clerk Emld read the correspondence as follows:
(1) Letter from Califc?TrJia Sa.fety Council addressed to the Mayor requesting he issue a proclamation designating December 1st as "Safe Driving Day.t1 Cmn. Castorena. motred the adsptlon of a resolution pro- claflming December 1st as "Safe Driving Day." Seconaed by Crnn Bobinson, All a.yes, Kotior: carried, Hapcr Ede announced that Chief of Police Palkowskl, Safety Day Shairman, has fommFded letters to all city organ- izations asklrag for their support; ana' literature has been distributed throU.gh the schools m
(2) Letter dated 1'iQvmbeP 2, 1955 from "h Ben Ye Fugate, United. Nations Day Chairnan, ex!~ressing..appreciat~on for Playor %?e's participa- tion in the U,ulited htions Day ceremoniesI
City A.f;torne~ Smith submitted 813 opinioE 0x1 the oydinance submitted
by the Better Business .Bureau regarding ndutch auctions" which was dis-
.. cussed at the last. meeting. It was his opinion that such- definition need not be inserted by ordinance into our Ordinance No. 6005 and, furbher
that it would not be consistent with the format of such ordinance,
PMNNIMG COMMISSION: City Hanager Nelson reported that the ques- tion regarding surfacing for subdivisions has been submitted to the Plan- ning Commission for consideration and a recommendation back to the Council The City Attorney has reviewed the subdivision ordinance and finds that no particular type of surface is required of the subdtvider except as such might be required as a part of the conditional acceptance of the tentative map by the City Council,
City Clerk Ewald read two communications from the law offices of
(1) Letter dated November 3, 1955, requesting the Council instruct City employees to withhold any action such as is set forth in the letter of Nr. Herbert E, Nelson, City Tinager, demanding a cessation of opera- tions, until this matter can be heard by the Planning Conmission and ap- propriate recommendations made to the Council,
I Feist and Feist as follows:
(2) Letter dated November 8, 1955, requesting that the Council m,ke a ruling as to whether the C-1 zone is proper for building and maintaining a general or sub-contractor's offices together with additional accessory buildings incidental to such primary use, TJ
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A Nelson stated he had.forward$d the letter according to information that 3 storage was continuing in the warehouse, He further stated the City has to operate from the laws and we do not try to judge the "merits of the prople involved and the City government is %Tying to resolve the matter. He pointed out that this zoning ordinance was addpted almost entirely from the County Ordinance and the City is, therefore, trying to apply a Law which is not entirely suitable for this particular problem, It was his opinion that a cement contracting business can not be operated in a C-1 zone and requested the Council's wishes in that regard,
was issued- there was not a complete inspe6tion mde of the permit and the property. PIr. Nelson wa.s informed of the mistake by other parties and cancelled the permit for the warehouse. About a week later there was a permit issued for an office building. Thereafter, it was apparent that Mr. Chase was storing materials in the building and Mr. Nelson forwarded the letter according to the information that storage was oontinued In the warehouse. Letter was forwarded for the reason that the perm'it was issued for an-office building and it was no longer being used for an office building, It can be completed as an office building and be con- sistent with our zoning ordinance or as another building consistent with the zoning ordinance.
& 4. A complete review of the situation. to date was presented and Nr.
I City Attorney Smith aavised the Council that at the time the permit
Mr. David Kurner, one of the complainants from the.Buena Vista Gardens area took the floor and-advised the Oouncil of the views of the residents of the area. Be requested that members of this Council, as- sociated with I%?. gbright, refrain from di.gcussion on the matter,
Attorney Feist stated the first letter which was read was written feeling. that this is a matter that is not a criminal matter and ,is not the posit.ion of the City 'of Carlsbad to take criminal action to force results of the issue, He asked that, pending a final determination of the Planning Commission, the City IYIanager be requested to refrain from any criminal action.
He clarified the second .letter stating it is a general-letter, with- out reference to. any property on Laguna Drive, requesting a general ruling regarding uses in a C-1 zone, -asking what the Council's position was prior to October 1, 1955 as to whether a C-1 zone'nas a proper zone to have a construction office with an assessory buiEling to store tools,
etc, He pointed out it was under duress that storage was discontinued but 1% was the only way to get out from under the action which was
stressed in the letter
Cw. Robinson advised that he is a business associate. of Flr . EbrSight in the firm of EARCO but stated he is not; an owner of the land in question nor is he a tenant of the. building, He a.sked if the complainants feel
that he could not view the situation objectively, leaving this particular
4 0.'
~~~fP~~/~~~pr/~~fIc;u~~~Zf mztter out of the discussion,
Crnn. Sutton also advised that, although he has never been en associate of Wr. Ebright or Mr Chase , he has done considerable business with both parties but does not think the discussion would be influenced
by these business relationships.
Mr. ArrZe St~inger, Chairman of the Plmning Commission, reported that the complainants had appeared before the Planning Commission at their meeting on October 24th but there was no official application and no official action was taken. The Planning Commission, at that time, was acting on the assumption that a construction business was not permitted in a C-1 zone.
Mr. Kurner itnformed the Council that the erection of this building has deteriorated his property to a great extent. Mr. Wrn. Ryznak, a resident of Buenrt Vista Gardens, stated that the matter had been before the Planning Commission and should be considered now,
Cmn. Sutton offered a motion that the matter of the clarification of whether a contractor, electrical, plumbing, cement, or general, can operate in a C-1 zone be referred to the Planning Commission and that,
with their natural use of the resources of the City, they reach their decision md return their verdict to the Council as soon as possible, with use of the property to be allowed until a decision is reached and further legal action to be withheLd from h. Chase until after the meeting of the Council on November 22nd. Seconded by Cmn. Eelton. Roll Call Vote: Sutton, Aye; Robinson, Abstaining from voting; Ede , No; Castorena, Aye; Helton, Aye: Three Ayes, One No; Notion carried. Mayor Ede stated that it is his op-inion that the City Manager proceeded correctly and that such use of the building as was carried out and was recently abated should be prohibited until such time as a decision is reached, The City Manager was instructed to permit use of the building until that time.
Mayor Ede announced that Mr. C. D, McClellan and Mr, Arnold Brill- hart have indicated they are interested in some property for industrial zoning, It was suggested that a combined study meeting,with the Plan- ning Commission, be held on November 28th to discuss the matter.
City Clerk 13ald presented the final tabulations on the'bids-which were opened at the beginning of the-meeting. Total price per bid were as follows:
Shaffer and Stower $ 13,975 090
Hubbard 15,?02.80
Barbor 18,294.00
D??OO 14,820 ;53
CastiLlo 16 , 655 025
It was anrclounced the firm of Shaffer and Stower qualifies as the lowest bidder. b. Byrl B'helps presented two add.itiona1 high bids- which were not fttled at the specified time, Attorney Smith stated that the notice had called for presentation of bids at 7:OO P. 14, and bids should only be received as per this public notice.' Cm, Sutton offered a motion that since the two high bids were not properly filed with the
City Clerk at the time specified that they not be considered in the total bids, Seconded by Cmn. Robinson. All ayes., Motion carried.
City Manager Nelson advised the Council that the-monies which have been pledged by the adjoining property owners must be received prior to the release of City funds which will be expended from the Sewer Revolving Fund. Cmn. Robinson moved the Council instruct the City Manager and City Attorney to negotiate the contract whenever the major contributors have placed the funds with the City. Seconded by Crnn. Castorena, All ayes. Notion carried.,
HARBOR COMMISSION: City Clerk Ewald read a letter, dated Cctober 18, 1955 , from the Carlsbad Chamber of Comnerce, requesting that re- . strictions on the funds for the Harbor engineering survey be removed in order that progress on the Harbor not be further-delayed,
A lebter was read from the3arbor Commission, signed by David M,
resent restrictions on the use of t-he $6,000,00 budgeted for an Dunne, Chairman, requesting the City of CarLsbad take a-ction to remove
ei%2A@'ing and e(momiC study of a small-waft harbor in Agua. Heaabada
Creek and bgoon and the Harbor Commission of the Gity of Carlsbad be instructed to use these funds for such purpose without del~xg.
Mr. C. D. EcClellan, presented a letter sieed by a number of residents of the communi$q, strorig1$-ti$ging-the City Council to retain the protective provision attached-to the Harbor Commission budget item of $~,OOO.OO, for the benefit of'iihe-city as a whole, pointing out that the City Council has a much brodder'reiponiibility, that of the welfare of the whole community and that 'of -making sure that expenditures of public funds are truly in the public interest.
I Secretary Baird and Mr. C. C. Walters of the Harbor Commission ad- vised the Council the Harbor Coamission has been greatly handicapped in its efforts to obtain State funds for the development of the Harbor as an .engineering survey is one of the primary requirements in the ob- taining of such funds,
Mr. Glenn R. Feist, President of the Carlsbad Chamber of Commerce, reported the City of Oceanside has such an engineering plan and is in the process of modifying it to conform with reconmendations of the Coast Gua-rd. and if the City of CErlsbad wishes to have the Agua Hedionda considered as a possible 'harbor site, there should be no further delay in obtaining this engineering survey, He suggested that, as a step in acquiring public access to the lagoon, the Council might consider establishing a policy of requiring any new subdivisions in the lagoon '' area to provi8e access to the water,wkie%hem, in the form of dead end "4
Q streets"or by dedication of a certain portion of waterfrontage for
$ City use.
,& 3 Cmn. Castorena advised the Council that the City Manager, Public
lJorks Director, Mr . Shaler bad' of the Harbor Commission, and himself
had contacted the mszjor property owners in the area, the San Diego Gas and Electric Company, Mr s Paul Ecke a-nd Hr . Allan Kelly regarding ac- quksition of lagoon frontage *but had rec-eived no offers.
After discussion, Cmn. Helton offered a 'motion tha,t the Council remove the restriction which was placed on the $6,000.00 budget item for the harbor engineering study and alaow the Harbor Commission to go ahead with their engineering plans and that on any subdivisions along the lagoon, it would be the policy of the City to require street access. Seconded by Cmn. Robinson , Sutton, Aye-; Robinson I Aye ; Ede Aye; Castorena, Aye; Helton, Aye; Five Ayes. No nays , Hot ion carried,
1.
Cgty Clerk Ew'ald read a memorandum from the Harbor Commission recornmending the City contact the County Eoard of Superviso-rs requesting that the Agua Hedionda be designated as a harbor of refuge and the Buena. Vista Lagoon as a recreational &rbor in the County master plan for harbors, He informed the Council. he ha-d contacted Mr, Dean Eowell of the' County Board of Supervisors who advised contacting the County Planning Commission regarding this master plan for harbors and also informed 1%. Ewald that brbors of refuge would be given priority with the harbors of reoreation to be developed later, Cmn. Robinson moved that the Coouncil adopt a resolution that the City apply to have both these areas, as stated in the request by the Harbor Commission, in- cluded in the master plan of the County. Seconded by Cmn. Helton, All ayes, No nays , Notion carried.
After a 15-minute recess, the meeting was reaonvened at 9:45 P. M,' Cmn Castorena was excused at 9:20 P, M,
.. PARK AND BBCREATION COMMISSION: City Clerk. Ewald read a memorandum from the Park and Reoreation Commission recommending the Cocoas Plumosos as the most practical tree for replanging or! Elm' Avenue. Cmn. Robinson called the Council's attention to.the fact that the City of Oceanside and also Tasadena had discontinued planting of this variety and suggested the Park and Recreation Commission contact these cities regarding their experiences with the Cocoas Plumosos and any other information which might be valuable to the City as a guide to future tree planting,
I
POLICE DEPARTMENT: City Clerk Svrald. read the monthly report of the Police Department from October I, 1955 to October 31, 1955 as follows:
Arrests................,~.~...~ 8 Accidents. ....................... 10 Traffic Citations Issued......-.l02
General Cases.. ............... ,146
FIRE DEPARTNENT: Fire Department Report for month of October, 1955, as follows: ~
fire^..........^....... 0 Resuscitator Calls,..,. 3 Needless Alarms .... .'. .. 2 ~ee~ings.......e....... 4 Avera.ge Attendance.. ... 15
Cmn. Roblnson requested -the exceptional service performed on Friday November 4, 2.955, by the Fire Depmtment in connection with the rescue of a man trapped in a sewer manhole on Monroe .Street, be made a matter of record and that the Fire Department be commended for this exceptional service.
City Manager Nelson announced receipt of the contracts and resol- utions for the :state Employees' Retirement fund which have been turned over to the City Attorney for his approval and preparation of the -re- solution for presentation at the next Council meeting.
City Finagsr Nelson presented resolution No. 190, providing for the exclusion of property located near Vista Way from the incorporated area of Cazlsbad, with an accompanying letter, signed by Howard Baumgartner for Home Builders Store, consenting to such detachment of property des- cribed in Resolution No, lgO. Cmn, Sutton moved the adoption. of Resol- ution No. 190, providing fwrwlease of said property to %emside. Seconded by Cmn,, Robinson. Suttob, Aye; Robinson, Aye; Ede, Aye; Helton, Aye; Absent, Castorena. Four Ayes. No iiays, Resolution
adopted.
It was repol-ted by City blanager Nelson that a communication has been received fl?on the State Division of Highways listing the parcels of land along the l?reeway which are presently owned by the State and the prices for such ranging from $750.00 to $Z!gO.OO, with a total price of approximately $3,000.00. Wr. Nelson alled the Council's attention to the location of several of the parcels listed which could be of value to the City and suggested the other smaller parcels Qikght be disposed of to adjoining property owners by quick claim deeds. It was his opinion that any funds expended for such purchase could be recovered
by- the sale of these other parcels. After discussion as to the amount of the offer to be submitted to the State' Divisi-on of Highways for such land, Cmn. &binson rnove-d' the City submit an offer in the amount of
$50O'.OO to get 4;heir reaction. Seconded by Cmn. Helton. All ayes. IJIotion carried.
City I"Ia.nager Nelson requested the Council's wishes on including Veteranb Day as a City holiday. Crnn. Robinson moved that the City Offices be closed on Veteran's Day, Friday, November 11th. Seconded by Crnn . Helton. All Ayes. Notion carried.
City IQnager Nelson asked the Council to give consideration to the need for a sewer survey of the entire Carlsbad area to include the type of sewage plant needed, location of such plant and the area to be serviced. He pointed out that problems are now arising and future requirements will call for a public sewer system and the City should have competent engineering advice. h stated he had conferred with . Mr. Edward Blum of the City of San Diego amd it was his suggestion
that the City contact the engineering firm of Brown and Caldwell, an Francisco, California, as Mr. Caldwell is in this area each week and it would be possible for him, to make the survey. The cost of .such a survey would be approxmiately $5,OOO0OO and would require from two to four months to mnplete. By common consent, the Council authorized the City Managex? to contact this firm and arrange for Mr. C'aldwell to be present at the next Council meeting to discuss the matter.
Mayor ;fide reported Mr. Paul kggenOr is interested in the install- ation of curbing and sidewalks on Carlsbad Blvd. between Oak and Pine Streets, but no official request has been made and no action can be taken at this time.
Cmn. Sutton moved payment of the bills , as certified by the City Clerk and approved by the Aufiiting, committee, up to and including October 8, 1955 .. in the am'oUn.1; af $5,732.'06.... -Seconded by Cmn. Helton. A11 ayes. Pioti6n carried'.' ............
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czn, Robinson noved ratlfbcation of the payroll froill Qctober L5th. to Qctober 30th as certified by the City Clerk an8 a-?poved by the auc!itlng
cozmht;t;ee, Sesonded by Cmn, Suti;on, All. ayes. Motion carried,
n ihere being no fmr-kher SusZness to come before the Council, Clm, Eelton moved for adjournment, Seconded by Can. S1at.t;on. All, ayes,
T'iOtiOZI cakyied ,
Ti he meeting was adjourned sct, 10 :35 P. E,
Respectfully submitted,
s 14. 0 , ElG&?D, 'Jity Clerk
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RINUTES OF REE'I'ING OF CARLSBAD CITI COurjCIL
i'ovember 15, 1951
Meeting called to order at.7:00 2. PI, in the Council Chambers by Fayor Ede. Present besides the %yor VJ~.S City Clerk Evmld.
There being less than a legal quorun of members present, the meeting
ii "7 was adjourned to Tuesday, Iu'overnber 22, 1955, at 7:OO.
0 Bespectfully. submitted,
Jv
e4
msp* ~. .'i
Y3 "h M. 0. EWRLD, City Clerk
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141EUjES OF THE ADJO'JZNED KEETING OF THE CAXLSSAD SI= COUNCIL
November 22, ' 1951
The meeting was called to order at 7:Ol 2. M. by %yor Raymond 2. Ede, Present besides the Eviayor were Councilmen Robinson, Sutton, Castorena and tielton, City Ihnager Nelson, City Clerk Ewa-ld, City Attorney Smith, Public Works Director Anthony and members of the Plannlng Commission, Commissione~ Cockrill, Swirsky, Stringer and Smith.
Can. Sutton aoved approval of the rilinutes of the adjourned ?meting of November 8th- with one ninor correction. Seconded. by Cmn, Helton, All aye. Motion carried. Cmn. Zastorema iroved the adoption of the minutes of the regular meeting of November 15the Seconded by Cmn. Zobinson. A11 ayes. Rot ion carried.
Correspondence: City Clerk 3mld read copy of letter dated November 17, 1.955, fmm County of San Diego, Board of Supervisors, to John A, knde; City Clerk, Oceanside, approvzl of proposed boundarfes of property lying near Vista Way for detmhment from the City of Carlsbad and annexation to the City of Oceanside,
City Clark ZwaLd presented an oral report on the County Assessors' meeting which was held on November 16, 1955 in San Diego.
PLAIVMIMG COMMISSION: Correspondence from the Planning Commission
w8s presented as follows :
IYIemorandum dated November 21, 1955, recommending approval of reclass- ification from zone E-2 to R-1 of property described as a portion of Lot
ificxlion being requested by Donald A, Briggs and Harry A. McMiLlan. Can. Sutton questioned the 3-1 classification as to whether it shoulLd be E-1A or 8-1B. Discussion was deferred until the arrival of 1"i. C, D. McClellan who is representing the applicants.
(I 11 1 It , kncho Agua Hedionda, lying westerly of Sunnyhill Drive; reclass-
PIeemorandun dated November 21, 1955, recommending acceptance of the proposed extension of the alley between State Street ana' Roosevelt on Grand Avenue, under the specifications of the Public Works Depzrtment. Public 'I>iorks Director Anthony informed the Council he had checked the area and it was his recommendation that the zlley cculd be extended to an intersectkon with a cross street or exit or a turn-around of sufficient