HomeMy WebLinkAbout1955-11-22; City Council; Minutescmn. Robinson moved ratification of the payroll from Bctober 15th to October 30th as certified by the City Clerk and approved by the auditing coramittee, Seconded by Cmn, Sutton, All ayes, Motion carried,
There being no further business to come before the Council, Cm. Helton moved for adjournment. Seconded by Cmn. Sutton. All ayes, Xotion carried.
The meeting was adjousrned at 10:35 P, M, .,
Kespectfully submitted,
1"I. 0. EWALD, City Clerk I S = =: = a = z r = =a = = = = = = r = = = = a = = s L = --------------------
EilINUTES OF NEETING OF CAHLSBAD CITY CBTJNCIL
iqovernber 15. 1951
Meeting called to order at. 7:OO P. M, in the Counc'il Chambers by Fkyor Ede. Present besides the Hayor was City Clerk Ewald,
There being less than a legal quorum of members present, the meeting
y~ was adjourned to Tuesday, November 22, 1955, at 7:OO:
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s 0 Bespectfully- submitted ,
5 1%. 0. EWW, City Clerk Jv
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MIXUTES OF THE ADJOURNED PEETING OF THE CAELSBAD CITY COUNCIL
November 22. 1955
I The meeting was called to order at 7:Ol P. M, by Mayor Raymond C, Ede, Present besides the Xayor were Councilmen Xobinson, Sutton, Castorena and tielton, City IJfanager Nelson, City Clerk Ewald, City Attorney Smith, Public Works Director Anthony and members of the Planning Commission, Commissionel Cockrill, Swirsky, Stringer and Smith,
Cmn. Sutton moved approval of the minutes of the adjourned meeting of November 8th- with one minor correction, Seconded. by Crqn, Helton, All aye IJfotion carried. Cmn. Castorena moved the adoption of the minutes of the regular meettng of November 15th. Seconded by Cmn. Robinson. All ayes. Hot ion carried,
Correspondence: City Clerk Bmld read copy of letter dated November 17, 1955, fwm County..of San Diego, Board of Supervisors, to John A, hnde City Clerk, Oceansfde, approval of proposed boundarles of property lying near Vista Way for detachment from the City of Carlsbad and annexation to the City of Oceanside.
City Clerk Ewald presented an oral report on the County Assessors.' meeting which was held on November 16, 1955 in San Diego,
PLANNING COMMISSION: Correspondence from the Planning Commission was presented as follows :
I Hemorandun dated November 21, 1955, recommending approval of reclass- ifioation from zone E-2 to R-1 of property described as a portion of Lot '*'I", kncho Agua iledionda, lying westerly of Sunnyhill Drive; reclass-
if icaaon being requested by Donald A. Briggs and Harry '4. PlcMillan, Cmn. Sutton questioned the E-1 classification as to whether it should be B-lA or 8-LB. Discussion was deferred until the arrival of IJIr, C. D. NcClellan who is representing the applicants,
Nemorandum dated November 21, 1955, recommending acceptance of the proposed extension of the alley between State Street a,nd Boosevelt on Grand Avenue, under the specifications of the Public Works Department. Public Works Director Anthony informed the Council he had checked the &rea and it was his recommendation that the alley could: be extended to an intersect$on with a cross street or exit or a turn-around of sufficient
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size at the dead end and that it would be of considerable value to any future or existi.ng business 'on State Street. City Attorney Smith out- lined the-prevailing 1egal.requirements for acceptance by the City as
follows:. policy of title insurance, cul-de-sac or connecting street from the standpoint of fire, surfacing to be comparable to that of exist- ing alley and dedication of the existing sewer main to the City. Cmn. Sutton moved that these conditions prevail if the property-owners were to offer said property to the City for dedication. Seconded by Cmn. Robinson, All a;yes. Motion-carried,
Memorandum dated November 21, 1955, recommending th8.t street require- ment for new subdivisions be of a hot asphalt mix as specified by the Public Works Director. City Manager Nelson explained the Planning Com- mission had felt that no particular mix should be specified due to the difference in soil texture of certain areas to be surfaced and that the specifications for such mix should be left to the discretion of the Public Works Director. Cmn. Robinson moved the adoption of the policy of re- qulring asphaltic concrete for new subdivisions, as stated by the Planning Commission, and that such policy shall be included in the new subdivision ordinance when completed. Seconded by Can. Castorena, All ayes. Notion carried ,
City Manager Nelson presented the contract for reimbursement of the Yourell sewer extension and informed the Council that Kr. Potter has re- quested that suc:h reimbursement be made to f4r. Emmett Roberts, the present owner of the property. Cmn. Robinson offered a motion that the Mayor be authorized to execute $his agreement with Mr. Emmett Roberts. Seconded by Can. Sutton. All ayes. Motion carried.
City Nmnage:r Nelson requested the Council's view on the problem of drive-ways on iqproved streets and informed the members that Mr. Oscar Knappe, owner of the Hancock Station on Elm Avenue is not satisfied with
the arive-ways which have been allowed in the curb installation which fronts his prope:rty. Discussion was deferred until completion of the opening of bids for the sewage disposal plant.
City Clerk Ewald opened the sealed bids and announced each proposed bid by contractolr's name and bid tota.1 as follows:
R, E. Staite and Ray C. Eke 3 123,403 .oo Glanville Plumbing Company, 92,jOOoOO
James W. Iluntley, Del Mar. 117,900.00 Corey and Longworth, San Diego 104,306.00 James H. Mazza Co, Encina, Calif. 136,000.00 Job Concrete Const. Co. - 106,874.00 I?. E, Peterson, San Diego 97,881.00 Taylor and Sloan, Inc. San Diego 129,4160,OO Theodore R. Gregory, Pasadena 126,930 .OO C. R . Corporation, El IWnte 105,823,OO
Bakersfield
City Attorney Smith and Mr. Byrl Phelps adjourned to the office for examination of the bids as to legal form and complet~on,
Discussion was resumed on drive-way requirements and City Manager Nelson quoted the- requirements as set forth in the specificationsof the City of San Diego, pointing out that allowance is made for exceptions to
this rule. Mr. Phelps informed the Council he had looked into the 'pro- blem at MI?. Knappe's property and feels that the present arrangement is adequate as the stabion has two driveways on Elm Avenue and an entrance on the adjoinidg street and that the present arrangement appears to be convenient to the location of the pumps, By com@on consent, the Council favored a committee of Cmn. Robinson andCCma. Helton, working with Public Vorks Director Anthony and City.Manager Nelson, to determine the width of the driveways in this particular case and a policy on such problems will be set at the next meeting.
Cockrill, representing the Planning Commission, informed the Council the Commission bas olverlooked classifying the rezoning either R1-A or R1-B but an examination of the plat map attached to the application revealed that the frontage! of the lots is such that they will meet with the R-12 requirement. Comm. Cockrill also informed the Council it was the Com- mission Is understanding, after questioning Mr. "klellan on this point,
Discussion was resumed on the McMillan-Briggs rezoning and Comm,
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that 'the general area of the lots would be in conformity with the 'Carlsbac Highlands area and would not be divided into smaller parcels. Mr. Glenn Feist a member of the architectural committee for the Carlsbad Highlands informed the Council he had. talked to Fly, &Clellan and it is their in- tention to comply v;ith the deed restrictions of the area. Can, Sutton moved the City Attorney be instructed to draft an ordinance changing said property from zone E-2 to zone R-1 on the Briggs-NcXillan applica,tion as recommended by the Planning Commission. Seconded by Can. Castorena, All ayes, motion carried,
city Clerk Ewald read a memorandum from the PlanningCommission, dated Hovernber 21, 1955, setting forth the Comnission's interpretatim of the zoning ordinmce in regard to the requirements of a C-1 zone, Attorney bymond Feist announced that each member of the C0tjqcj.l. had received a
transcript of the meeting of the Planning Commission held on November 14tk and called attention to the fact that, in the discussion, throughout the proceedings, reference was made to a specific building and a specific piece of property . City Clerk Zwald read a letter from the Carlsbad .
Chamber of Commerce dated Novembep. 22, 1955, urging the Council to take
Feist advised the Council he had done further research on the matter and presented copies of infomation on the 1935 Greenfield, Case which was held in Los Angeles and .explained the. similarities of the two cases. He pointed out the two differences in the zoning ordinances as follows: (I,) reads in part, "as usually conduct&dl', and (2) ''providing for accessory buildings". Each member of the Council was presented with a transcript
Of a portion of the decision reached in the Greenfield Case,
Comm, Cockrill, representing the Planning Commission, informed the Council that, contrary to Mr. Feist, he feels the matter was considered as not referring to any particular property and stressed the fact $&& the Planning Commission is not trying to restrict business but &d tried to arrive at a general decision of t-he sp-ecific zone. Attorney Smith advised the Council that the zoning ordinan,ce inL the Greenfield case Is close in' point but there are some substantial differences in the language
and it is difficult to compel down to the niaute note. He advised that it had been his heretofore expressed opinion that the business w-as not permitked in the C-1 zone and that opinion is subject to review and change. Cmn. Sobinson informed the Council that he has been accused rather indirectly and has written his opinions and thoughts in the matter.
This prepared statement was read and, in the discussion which followed the presentation, Nayor me pointed out that the side of the residents should be oonsidered as well as the side of business and the duty of the Council is to uphold the ordinance as interpreted by the City Attorney and to follow the recommenclations of the Planning Commission.
a broad view of the law SO as n&-:.t;o jeopardize business in th'area'i Mr.
Attorney F-eist ca1le.d attention to the, wording of the Greenfield Case ordinance allowing for business "as ordinarily conducted" and pointed out that, although it does not appear in the City ordinance, it could be written into such ordinance, Attorney Smith stated it was his consensus, at the tine the perlai-t was issued ,. that the off ice alone could be located in a C-k zone and a storage unit on the part of the contractor would be illegal. Attorney Feist made note of the fact that there was an offer made to move the building to another, section of the property but the offer was rejected, Wr. Kurner, a resident of the Suena Vista Gardens area whose prpperty adjoins the &right property, stat.ed the offer was rejected as he did not feel he had the right to permit the building to be moved; .that such permission should be granted by the City.
Attorney Feist questioned the location of the sewage disposal plant as authorized in a C-1 zone and was informed by City Attoryey Smith that such, authorizatfon was made under Sec. 19 in so fap as,non-conforming uses are legal ,when existing prior to the adoption of the zoning ordinance and that a special use permit was allowed,
Attorney Smith advised that, in order to achieve conformity of inter- pretation of the ordinance, he had contacted the County office an-d con- ferred rAlith one of the deput-ies and had received a like interpretation in regard to storage, Cmn. Robinson pointed to the inadequacy of the preseat zoning ordinance. Cmn. Castorena informed the group he feels
the Planning Commission. had given what is the right interpretation of the ordinance and such .ordinance is the law until another law supercedes it and the Council must stand by it.. Cmn. Helton made note of the fact that; himself, with .the majority of the other contractors have operated
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in an R zone and have stored their tools and equipment on such property. Be pointed out 1;hat he had constructed his office in the downtown area in order to be in a conforming zone and, ,at present, has a certain amount of storage connected with his office and very seriously questioned his right .to voise in an unbiased fashion.
Discussion was resumed on the opening of the bids for the sewage disposal plant and Attorney Smith.announced that he had examined the two lowest bids submitted and the firm qualifying as the lowest bidder was named as the Glanville Plumbing Company, Bakersfield, California. He s.tated they have evidenced their intention to cominence construction about Narch or April, 1956 and it was his recommendztion that a contract be entered into with said company, s-pecifying 180 days from date of con- tract for completion. Crnn. Sutton moved the Council accept the bid of
$)Z,jOO.OO from the Glanville Plumbing Company, Bakersfield, California and the contract be ex?ecuted and the necessary signatures be affixed thereto. Seconded by Cmn. Helton. All ayes. Plotion carried,
After a 15 minute recess, the meeting was reconvened at 1O:lZ P. N.
The Ebright-Chase zoning matter was re-opened for discussion and City Clerk EwalC1 read the Staff Report from Gordon Whitnall AssociateB relabive to the zoning question under discussion. Can. 2obinson pointed out that, since the present ordinance is one that was adopted by the County and was In past use, there evidently has been a reversal of de- cision by the County as Anderson and Robinson had established a con- tracting busi-ness across the street from a R-1 zone, City Attorney Smith . pointed out that such was covered by a special use permit and Cmn. Kobinson called attention to the fact that someone in the Count-y office granted the pernlit allowing a contractorato operate in a C-1 zone,
Cmn. Robinson asked if either party involved would be interested in any compromise in the situation, Plr, Kurner informed the group that his case rests with the City. Nr. Chase advised that, in view of Nr. Kurner's reaarks, he d,id not feel there could be a conpromise.
Cmn. Sutton pointed out that zpparently a contractor's office is per- missible and if a man is permitted to carry on his business, he should be allowed storage pertinent to his business.
Cmn. Sutton stated that, in view of the Planning Commission's letter of interpretation that a contractor can have an office in a C-1 zone, and, in view of the Greenfield case which stipulates a contrzctor is al- lowed to carry on his business in a C-l zone, I move a contractor be allowed to operate in a C-1 zone in Carlsbad and to carry on his business as such with the necessary fzcilities to do so and storage incidental to the operation of' his business. Seconded by Cmn . Eobinson. Can. Helton questioned his 1.ight to vote and whether he is directly involved. Iqayor Ede asked members of the Council if they wkshed to present any questions before the vote,, Roll Czll Vote: Sutton, Aye; Robinson, Aye; Ede, No; Castorena, No; Helton, Aye. Three Ayes, Two Noes. Eotion carried.
City Manager Nelson brought out the poin-t that they are occypying a building which is not completed and questioned whether the building should. be occupied as an office or a new permit be issued and also whe- ther or not a storage yarlt. is permitted. Attorney Feist stated there was a permit issued for a storage building which was withdrawn by Fir. Nelson and asked that it be reinstated. When questioned as to whether the structure had been altered since the time the original pe-rmit was issued, Mr. Feist indimted negative and stated it was never intended to be an office building and that the owner can now call for a final in- spection. Crnn. iiobinson moved that the Public l-iorks Department be directed to issue a permit for what purpose they( the owners) request one if it is in conformance with the action taken here tonight. Se- conded by Cmn. Sutton, Boll Call Vote: Sutton, Aye; Bobinson, Aye; Ede, No; Casto~?ena,, No; Helton, Aye. Three Ayes. Two Noes, Motion carried, Mr. Eelson pointed out that a decision should be made on the storage yard as materials stored on the outsid-e of a building are some- times more offensive than when stored within. Cmn. Bobinson offered a motion th2,t contractors in a C-1 zone be allowed a storage yard to store equipment incidental to their own business and a permit be granted to
allow such storage yard. Seconded by Can. Sutton. Boll Call Vote: Sutton, Aye; Bobinson, Aye; Ede No. Castorena, No,. Helton, Aye: Three Ayes, Two Noes. Kotion carried. Cm. Kobinson invited Er. Kurner's attention to the fzct that he has recourse to the law.
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Cmn. Helton suggested a coElplete review of the plans'before future permits are issued in order to prevent such zoning questions. Members of the Counci3. agreed that no action should be taken on matters of this nature until all facts are brought before the Council and all methods were ex- hausted and that no criminal action should be instituted except'as a last resort, City Attorney Smith pointed out that he had hritended to act upon Sec, 306 of the Uniform Building Code regarding occupancy of a building before a permit is received. He stressed the $act that he had expressed reluctance to take action on violstion of the zoning ordinaace.
City Attorney Smith presented the proposal for purchase of the Carls- bad Wutual water Company arid informed the Council that the offer had been drawn along the 1.ines of' the recommendations of the Cftizen's Water Corn-, mittee which had given considerable study to the proposal. Be made note of the prospective obligation of the City to provide water for residents outs,ide the City of Car1sba.d due to the appertaincy of ,water stock to land and. pointed out that no. ra-te differential can be charged. The City will also have to covenant and agree to restrict delivery of the San Luis Rey water $0 areas- which are limited for service although some future action could be taken to eo-mingle the water supply. He suggested that,
if the offer is accepted, the City call % special electlon for the purpose of confirming thas offer to purchase. ihe subject of interest on share- fiolders are being relieved of the liability of assessments and are getting a guarantee of water and these facts make the possibility of an interest free proposal very equitable, Cw., Robinson pointed out that, a$ the - present time,. the Mutual is at a stalemate and it is hoped this offer will crystalize it to the extent to where some aotion can be taken. Can. Sutton moved that this offer to purchase be entered into with the CarLs- bad Mutual Water Company and the City Attorney be pemitted to insert a paragraph asking for confirmation of such purchase by election. Seoonded by Cmn. Robinson. All ayes. Motfon carried,
City Attorney Smith presented aresohtion petitioning and urging a11 government agencies to take all steps necessary and proper to in- itiate and encourage the resurvey of the darn site which exists at the Bonsall: Narrows for a flood control dam on the San Luis by Biver and to,,assist in the solution of the flood control problem. Cmn, Castorena moved the adoption of this resolution petitioning for the Bonsall Narrows flood control dam, Seconded by Can. Helton, Roll Call Vote: Sutton,
No Nays. Resolution adopted,
Copies of the resolution of intention to approve the contract pro" viding for participation in the State Employees' Retirement System were presented. Can, Sutton- moved the adoption of said resolution of in- tention to call an eleotion of employees. Seoonded by Cm. Castorena. Roll Call Vote: - Sutton, Aye; Robinson, Aye; me, Age; 'Castorena, Aye; Helton, Aye; Five Ayes. No Nays. Resolution adopted,
City Attorney Smith presented urgency Ordinance No. 30)7, amending
&d'~ adding to Ordinance No. 3005, concerning Stop signs at designated points.. Can. Castorena moved adoption of Ordinance No. 3017. Seconded by Cmn. Robinson. Roll Call Vote: Sutton, Aye; Bobfnson, Aye; Ede, a
Aye .; Castorena, Aye; Helton, Aye; Five Ayes. No Nays. Qrdinance ad opted .
between' hours of 3:OO A. PI. and 5:OO A. M. on ceptain streets and pro- viding for parallel parking on Elm Avenue. Cmn. Sutton moved tb,t with the reading of nunher and title, this constitute first reacling, Seconded by Cm. Castorena . All ayes. Motion carried.
Aye; Robinson, Aye; me, Aye; Castorena, Aye; Helton, Aye; All- Ayes,
Tit% and number. were read on Ordinance No. 3018, prohibiting parking
City Attorney requested the Council's wishes in regard to term of sale on the bonds for the new sewage disposax plmt. It was his recom- mendation that a $j,OOO,OO per year twelve year reaemption program would give a better rate of interest and the bond liability would be paid prior to the time that such equipment would become obsolete. By common consent,
, the Attorney was authorized to proceed with the twelve year program.
Cmn. Castorena moved payment of bills as certified by the City Clerk and approved by- the auditing committee, in the amount of $2398.19, for the period November 8th to Movember 22nd. 'Seconaed by Cmn. Helton. All ayes. Motion carried,
Mr. Glenn Feist presented for consideragion a sketch of the proposed
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sign for the oceanside-carlsbad area which will be submitted to the ' Div is ion of Righways .
Cm. Sutt0:n moved for adjournment and it was seconded by Cm,
Iqeeting was adjourned at ll:55 P, PI.
Helton ,
Respectfully submitted,
S 19. 0. EIJALD, City clerk
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MINUTES OF THE REGULAR BSETING OF THE CARLSBAD CITY COUNCIL
December 6, 1955
The meeting. was called to order at 7:OO P. M. by.Mayor Raymond C. Ede. Present besides the Mayor were Councilmen Helton, Castorena qnd Robinson, City Manager Nellson, City Attorney Smith, Absent; Cmn. Sutton.
Cmn. Castorena moved approval of the minutes of the adjourned meeting of November 22, 19:;s as written, Seconded by Cmn. Robinson. All ayes, motior carried , Mr. J. I). Kurner took the floor and re-quested that the City Attorney give an opinion on these minutes before the minutes are approved. City At- torney. Smith informed Mr. Kurner that the Council had the right and pre- rogative to interpret the ordinance as the wording was not clear so as to be capable of interpretation, He further stated that interpretation once given. is bhding and the decision once given becomes an affixed in- terpretation of that ordinance as long as it is not directly in 'conflict, Xr. Allen Stein,, a property owner in the State Street area, asked if , this interpretation will allow a contractor to store his equipment i.n a'
C-1 zone on State Street and questioned allowing such .storage in a C-1 zone. City Manager Nelson pointed out that the new o,rdinance, under con- sideration at this time, will be more explicit qnd .hearings will be held
so citizens may voice their opinions. City Attorney Smith stated that legal. status' once declared will remain permissible but pointed out that after a period of time, these non=conforring uses eventually abate them-
selves, Non-conforming use abatement. is necessary and 3s included in the proposed ordinance.
.Mr. Stein questioned $he validity of the voting, stating that the vote was two against two and Cmn, Helton's was the, deciding vote and he hesitated to vot,e, The Csty Attorney informed Mr. Stein that Cmn. Hel- ton had the righlt to vote as his conscience dictated and the only dis- qualification wcluld. be if he were involved in a contract. He read ex- cerpts from the minutes regarding Cmn. Heltori's decision on the voting and stated there! is- no legal disqualification.
Correspondence: City Clerk Ewald read copy of letter dat.ed November 30; 1955, from State! Division of Highways in reply'to a letter from Mr. E, G, Fowler, thanking him for his letter pointing out an adverse operating condition at the! intersection of aleernate 101 Business and State Street in Carlsbad. Ci.tg- Manager Nelson explained that Mr. Fowler had been in- volved in a near fatal crash at this intersection and had written- the letter to the State Division of Highways. He informed the'council that
he had conferredl with Mr.' Dunham of the State Highway Dept. and asked that the State amsist the City in designing an. improvement for this in- . tersection and Mr. Dunham' has advised he will present a famal sketch
which will- be done with paint and will not require .concrete construc-
tion. Cmn. Robinson question the number of accidents on this inter-
section and an examination of the police map showed a total of five
accidents for thle past year. ' City Manager Nelson was instructed to forward a letter1 to Mi., Fowler informing him of the corrective measures
which are being taken,
Letter dated Novembier 23, 1955, from the Carlsbad Chamber of Commerce reque'sting the City to designate the. Chamber as the entity in charge of. all activities for the three-day week-end of Spring Holiday with authority to approve or disapprove any activity subject to approval of --the Council if exception is taken to the Chamber 1s action, Chamber of
Commerce President Glenn Feist was present and explained the reasons for this request, stating that difficulties were experienced in previous years when several activities were going on at the same! time and it is felt that, with the Chamber acting as coordinator, an improved schedul-
ing of activitiels will result. City Attorney advised the Council that