HomeMy WebLinkAbout1955-12-06; City Council; Minutesi Lj: pj
Sign for the keans%de-Carlsbmj axa ?..,:hick vr3.11 be sul-jmitt;ed -t;o the ' Div is lor; of Bighways 4
cn?n. Suttau! mo~d for adjournment and it was secondea by Cma4 Heitor! ,
Meeting was adjcurned at 11:55 P. K,
%spectfully submitted t
S 191. 0 . ETFjALD, C it; y Jleyk
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MINUTES OF THE REGULAR MEETIK OF THE CARLSBAD CITY COUNCIL -
The meeting. was called to order at 7:OO P, M. by;Mayor Raymond C. Ede, Present besides the Mayor were Councilmen Helton, Castorena and Robinson, City Manager Nelson, City Attorney Smith. Absent; Cmn. Sutton,
Cmn. Castorena moved approval of the minutes of the adjourined meeting of
November 22, 1955 as written. Seconded by Cmn. Robinson. All ayes, motic
carried.
Mr. J, D. 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 Cwncil had the right and pre- rogative to interpret the ordinance as the wording wad not clear so as to
be capable of interpretation. He further stated that interpretation once given, is binding and the decision once given becomes an affixed in- terpretation of that ordinance as long as it is not directly in 'conflict;. Elr. Allen Stein, a property owner in the.State Street area, asked if . this interpretation will allow a contractor to store .his equipment in a
6-1 zone on State Street and questioned allowing such storage in a C-1 zone. City Manager Nelson pointed out that the new ordinance, under con-
sideration at this time, will be more explicit gnd .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
afker a period of time, these non=conforning uses eventually abate them-
selvesc Non-conforming use abatement' is necessary and 'is included in
the proposed Ordinance.
.Nr. Stein questioned the validity of the voting, stating that the vote was two against two and Cmn, Helton's was the deciding vote and he hesitated .to vote. The Cfty Attorney informed Mr. Stein that Crnn, Hel- ton had the right to vote as his conscience dictated and the only dis- qualification would be if he were involved in a contract, He read ex- cerpts from the minutes regarding Cmn. Helton'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, City' 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 conferred with Mr. Dunham of the State Highway Dept. and asked
that the State assist the City jin 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 the past year. .City Manager Nelson was instructed to forward a letter to Mr. Fowler informing him of the corrective measures which are being taken.
Letter dated November 233 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 *s 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 activities will result. City Attorney advised the Council that
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complete authority'cannot be delegatkd but offered'the suggestion #at
the City Clerk be instructed not to issue any permits without seeking
out prior .opinions of the Chamber of Commerce who are sponsoring the
event and that the City Manager be designated to work with the Chamber
on all Spring Holiday activities, By common consent the Council ap-
proved such procedure,
Letter dated November 23, 1955, from Mr. J. B. Cockrill, submitting
resignation from the Planning Commission, effective immediately, Cmn.
Robinson informed the Council he had talked with Mr. bckrill and he will
no% i?eccmsirder. Cam, Robinson moved the Council accept the resignation of Mr. Joseph B, Cockrill and that a letter of appreciation be forwarded thankin'g him for his service. Seconded by Cmn. Helton, All ayes, mo- tion carried.,. .Mayor Ede announced the Council will meet in a closed -s.e.ssion immediately following the meeting to consider' names for this position *
tetter dated November 29, 1955i to Mayor Raymond-C. Ede from the Americar Cancer Society, San Diego, expressing appreciation for contribution to- war*d. the success of the recent mass showing of cancer prevention film.
Letter from Oceanside-Carlsbad Union High School, dated November 29, 195! announcing preliminary planning conference concerning the development of the Carlsbad High School to be held December, 2, 1955, at lOtOO A, M. and
requesting the Mayor and representative from the Planning Commission at-
tend this conference to present information pertinent, to the project.
Mayorc Ede, Cm, Robinson, City Attorney Smith and City Manager Nelson
plan. to attend this meeting.
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Memorandum from California .Legislature Assembly. by Mr. Frank Luckel, an-
nouncing public hearing on Saturday, December 17, 1955, at Civic Center regarding legislation creating a Water Department, requesting any comment or statement of preference or recommendations outlining the Council's views on legi,sl.ature creating a Water Department, Meiubers of the Council did not' feel they were well-informed enough on the matter to make any .recommendations or comments at this time.
Mr. Donald Holly of the South Bay Engineering Company: introduced repre- sentatives of the firm and requested they be allowed to submit a proposal on the sewage disposal survey as they had previously requested by letter, City Clerk Ewald read copy of the letter submitted. Members of the
Council'.were informed that the firm.proposes such a survey at an estimat-
ed cost of $3,;000,00 and that the work on the survey could be commenced at any date which the Council so desires .and will take a minimum of 90
days to approximately 120 days. Mr. Raymond L. Quigley, Registered En- gj.neer, outlined the survey and preliminary studies which t@e firm has
completed to date, City Manager Nelson reported Mr. Byrl Phelps has alsc
indicated interest in presenting a proposal and also the Council has helc
'' a conference with another representative of a sewage planning organiza-
tion and will request that they submit a proposal, By common consent,
the City Manager was authorized to contact any organizations who might bt int.erested in submitting a proposal on the sewage disposal survey and to
request that they submit proposals to be received and' considered at sthe regular meeting of the Council on Tuesday, January 10, 1956, at 7:30 P. P
Mr. .Joseph Morales appeared before the Council in response to a letter from the Building Enspector, notifying him that the business which he conducts at 3237 Madison Street 4s a non-conforming .use, and that the business is being operated without a business -license: and sales tax per- mit. City Clerk Ewald advised the Council that the letter was forwarded after the violation was brought to his attention by an oral complaint, and' the business is presently located in an R-2 zone 'and has been at the
present location approximately one year. It was pointed out that a
_.. portion of the block is already zoned C-1. City Attorney inforned the Council that the present zoning ordinance does not allow the City to give a special use permit in this instance and suggested the owner apply for a zone change and if zone change is denied, he then seek another locatior Mr. J, E, Morales, father of Mr. Joe Morales and part' owner of the garqge .informed the Council that a substantial investment has already been made and asked that the Council consider their position and give them a chancc to apply for a zone change and obtain supporting signatures. He pointed out that they are .in possession of a State Motor Resa'le Permit and have been submitting sales tax to the State. Mayor Ede explained the proced-
ure- for applying for a change of .zone and suggested he obtain signatures of all the adjoining property owners. Cmn, Robinson-'moved the Council instruct the Building Inspector to refrain from taking administrative ,ac,ti,on, subject to the parties applying for a zone ,change, and the use should not be continued if the zone change is .denied. City clerk be
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authorized to issue a temporary business license and .sales tax permit,
Stkkonded by Cmn, Helton. All ayes, motion carried, No time limit was specified and City Attorney Smith informed the Council that there is, no
requirement that the City give them a time limit to be abated but time of
compliance is sulbject to use,
City Clerk Ewald informed the Council three such letters had been forward-. ed and one letter, involving a wrecking yard which had been involved in the dismantling of cars without pink slips, had 'specified compliance within ten days. He further stated the person in violation had come to the City Hall and informed him he plans tocontinue to operate, The City Clerk advised the Council he does not like to write letters and not be justified in carj?Xing out .threat as stated in letter. City Attorney Smith outlined the necessary procedure in abating such violation and
stated the notice must first be given and a reasonable time *to comply,
If, after given notice and time to comply, City may fila criminal action and will get a temporary restraining order, which takes approxinktely .
three days, and 1;hen the trial can be set. He informed the Council, that it would be better to have the complaining parties sign the complaint, By common consent the City Attorney was instructed to take appropriate
aciion. City Clerk Ewald pointed out the other violation was a non-
conforming use on the south side of Grand Avenue ,, the Williams Garage,
and no reply has been received nor has it been established that the
business existed prior to the adoption of the zoning ordinance.
PLANNING COMMISSILOJ. City .Clerk read mem.orandum from the Planning.. Com- mission, dated,December 5, 1955, recommending approval of .the contract between the City of Carlsbad and Gordon Whitnall Associates. The contract was discussed and' City Manager Nelson infor.med, the Council that the City is negotiating with the City of Oceanside on a joint plan to obtain the topographical maps which are needed by the firm to .complete their study and master plan. Tentative price is set at $1.00 per acre for such maps with an estimated 5,000 acres to include the whole City and it is planned touse State Gas *Tax Funds to finance at leas-t a portion of the costc Cmn. Robinson moved the Council authorize the Mayor to enter into an agreement with Gordon Whitnall Associates and proper signatures be af- fixed ther'eto, Seconded by Cmn. Castorena, All ayes, motion carried, '
Memorandum from the Planning Commission, dated December 5, 1955, recom-
,mending approval of tentative map of Terramar Unit #5, subject to a satisfactory sewage disposal system being agreed .upon by the subdivider,
the City of Carlsbad and the San Diego County Health Department, and
subject to the re:commendations of the Fire Chief, as sqt forth in his
memorandum of November 10, 1955, and subject to the recommendations of
the Public Works Department as to streets ,and curbs as set forth in his memorandum of NoTrember 10, 1955. City Manager Nelson reported he ,had received a telephone ,call from Dr. Askew, Director of the Health Depart-
ment, and they halve agreed that the subdivider may proceed with this sub- division with no time limit. They feel the danger signals have shown up but are satisfied that >the City is taking the necessary steps to eorrect
the situation andl expressed the feeling that this will be the last sub- - division in the alrea until. such time as sewage disposal units are avail- able. Cmn. Robinson moved the adoption of a resolution that the tentative map of -Terramar Unit No. 5 be approved as recommended for approval by
the Planning Commission, subject to the receipt of letter of approval from the County F'ublic Health Department. Roll call vote: Robinson, .aye; Ede, aye; Castorena, aye; Helton, aye; absent, Sutton, Four ayes, no nays, absent, Sut,Con, Resolution adopted,
Memorandum from t,he Planning Commission, dated December 5, 1955, recqm- mending the Council adopts a resolution that no further building, exclud- ing any subdivisions approved prior to this time and excluding the proper- ty now being usedl by the San Diego Gas and Electric Company for the construction .of their plant, be allowed in the area s0ut.h of the Agua Hedionda Lagoon, until such time as the sewage disposal problem is
solved, The membrandum was discussed and the Council and City Attorney .
should mean any single structure, it presents limitations too stringent. Cmn. Castomma mowed that the memorandum regarding building be referred back to the Planning Commission for clarification, Seconded by Cmn. Helton, All aayess, motion carried.
HARBOR COMMISSION:. Memorandum dat,ed December 3, 1955, signed .by David
Baird, Secretary, requesting. the Council to make application to the County Board of Supervisors for financial a-ssistance in- the cost of the prelim- inary engineering plans for Agua Hedionda lagoon, either .in full or a portion thereof, Cmn. Castorena moved the Council follow the recommend-
ations Of the Harbor Commission and request the Board of Supervigors for
, questioned the meaning of the term "building", It was felt that if it
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financial assistance in a preliminary survey as they ,have done in the case of the San Diego Bay area,. Seconded by Cmn. Helton, All ayes, motion carried;
City dlerk Ewald distriduted copi.es of the proposFd agreement between the City of Carlsbad and R, L, Patterson for the preliminary engineering survey of the harbor,. City ,Attorqey Smith reported he had attended the neet-ing at which the cpnbract was approved and Mr. fatte'rson has -indi- cated. the survey will take about three months and he intends .to corn- mence the survey .very shortly, Cm. Castorena moved that the City. enter into a contract with R, L, Patterson' and tha$ the May,or and City, Caerk be authorized, to sign this agreement fop a preliminary engineering sur- vey of the harbor, Seconded by Can. Helton. -All ayes, motion carried.
The meeting was adjourned' at 9:13 P, M,. for a short recess and was re-
convened at 9:35 P. M.
Ci-ty Clerk Ewald re.ad the Police Department report for the month of November, 1955, as follows:
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-Arrests . . . . , . 4 Accidents . . . . .12 ,Traffic Citations . 112
. Geperal Cases , . . 144
'3 4 City Manager Nelson .reported that Chief of Police Palkowski, Councilman
2 ' Wolters at the Juvenile Delinquency Control Institute, on .,December 1, < 1955. Mayor Ede reported on a meeting which he attended on juvenile d delinquency control held on November 30th with members of the school
n Castorena and himself attended the graduation exercises for Sgt, S, G,
board, .Chief 'of Police Palkowski and Mr. Beam of the San Diego Co-Ordin- ating Council.
No repopt was submitted by -the Fire Department as there have been no fires reportied during .the month of November. Mention was made of the fact that the. Chamber ,of Commerce had commended the Fire Department for putting up the .Christmas decorations in the downtown area. Cmn, Robinsor called the Cquncil's attention to .the fact that the fire siren is lo-
cated on' the Anderson-Robinson property, which is up..for. sale, and it
may have to be moved to another location when the property is sold,
City Manager Nelson reported'construction on the Elm Avenue project has
been held up because of the strike of aggregate workers but, to date, no extension of time has been requested by the contractor. He also
reported that Mr. ,'Edward. Kentner had contacted .the City regarding light- ing on Elm .Avenue' and'was instructed to obtain information to see if there is sufficient ~ interest so that action can be taken by the Council and. 'it had also been suggested that they confer with the San Diego Gas and Electric Company regarding the kind of system and district they might operate under,
City Attorney Smith reported the records and file on the 'dissolution of the Public Utility District. are .complete and that previous action was
taken by the Board to. exclude the North Carlsbad area: but it is doubt- ful if it can ,be recorded at this time as the action is over two years old
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Second reading .was given Ordinance No. 3018, prohibiting parking between hours of 3:OO A. M, and 5:OO A. M. on certain.streets:and providing for parallel parking on Elm Avenue. Cmn. Castorena .moved the adoption of Ordinance No. 3018, Seconded by Cmn. Helton, Roll Call vote: Robinson,
aye; Ede, aye; Castorena, aye; Helton, aye; four ayes, no nays, absent, Sutton, Ordinance adopted,
City Manager Nelson reported the committee selected at the November 22nd -meeting had inspected the station owned by Mr. Oscar Knappe and a satis- factory arrangement has been made an the. driveways to'his station and he how has .an adequate approach. He informed the Counci4 that specifica-
tions for all future 'driveways- have been set not to exceed 30 feet maxi-
Bum, measured from tpp of curb, and not to exceed 40%' of the frontage of the street.
The annual audit report, .submitted by the firm of Everts and Esenoff, was yeviewed by members of. the Council and the City Manager informed them that the rqconmendatiqns set forth by the firm regarding procedures have be,en complied with,
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City Cldrk read number and title of Ordinance No, 9044, providing for
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ch.ange of zone of portion of Lot 'wIfl, Rancho Agua Hedionda, lying westerly of Sunnyh-il-1 Drive from Zone 43-2 to Zone R-1. Cmn. Cas- torena moved that, with the reading of title and number of Ordin-
Robinson. All ayes, motion carried,
City- Clerk Ewald .read Ordinance No. 5022, provid-ing for the issuance of ;bonds of City of. Carlsbad Sewer District lo. 2 in the amount of
$60,000, City Attorney Smith announced bids will be received and the eon&.ract. awarded to the lowest interest. bid submitted on January 17,
reading .of Ordinance No. 5022, Seconded by Cmn. Helton. All ayes,
' ance. No. 9044, this constitute first reading. Seconded by Cmn,
7"X456, at 7:OO P, M. Cmn, Castorena moved this constitute first
o motion carried.
. City Clerk read Resolution No.- 193, advertising for sewage plant bonds and inviting- sealed proposals for bond redemption for Municipal
Sewer Dis'trict No, 2. Cmn. Helton moved the adoption of Resolution
No, 193 as pr'esented. . .Seconded by Cm. Castorena, Roll call vote:
Robinson, aye; Ede, aye; Castorena, aye; Helton, aye; four ayes, no
nays, absent, Sutton, Resolution adopted.
City Manager Nelson reported. that a letter had been forwarded to the Division of Highways submitting the offer of $500.00 for the excess parcels of land in the City. owned by the State, A reply was received by telephone that the offer was not considered favorably and the State has decided to sell four of the ten parcels and are inv'itiqg
I_ bids for same to be received by December 16, .1955. He informed the Council that the parcel lying directly across from the Park on the corner of Pine Avenue and, Pi0 Pic0 Drive would be desirable for pur- chase by the ICity in order to widen the street to make a better right turn and the .remaining property would be returned to the adjoining property owne:r. Cmn, Robinson moved the City offer thee State Divi- sion of Highways $10.00 from the Capital Outlay Fund for subject par- cel of land a.cross from the Park, Seconded by Cmn. Helton, All ayes, motion ,carried.
City Attorney Smith called attention to a rate change to be 'initiat- ed by the Public Utility Company which would involve a service con- nection charge in the amount of $1.00 which would not be refundable. He. explained that such procedure appears to be consistent with good practices and no objections were offered.
City Manager Nelson explained that the bills listed for payment do not include. first payment for Cox Brothers Construction Company;
which has been submitted in the amount of $6,597.00,. as Mr. Byrl Phelps has found. that the concrete measurement listed included two cubic feet in excess of the amount required. Cmn, Robinson moved
the first ins,tallment for Cox Brothers Construction Company be ap-
proved not to exceed the amount of $6,597.00. Seconded by Cmn. Hel- ton, All aye8e, motion carried.
Cmn, Castorena moved payment of the bilis as presented and certified by the City Clerk in the amount of $8,099.26 from November 22, 1955, to December 6, 1955. Seconded by Cmn. Robinson, All ayes, motion carried .
Cmn. Castorena moved ratification of the payroll as presented and certified by the City Clerk for-the full month of November, 1955. Seconded by Cmn. Helton, All ayes, .motion carried.
Cmn. Helton moved for adjounnment and it was seconded by'Cmn. Robin-
son, Meeting adjourned at 10:35 P, M.
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Respihtfully submitted, /sgd/ M. 0. EWALD
City Clerk
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MINUTES OF TlHE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL December 20, 1951
The meeting wias called to order at 7t09 P. M. .by Mayor Raymond C, Ede. Present besides the Mayor were Councilmen Helton, Sutton and Cmn, Robinson who ;arrived at 7r15 P. M. Absent, Can, Ca.storena. Also present were: City Maaager Nelson, City Attammy Smith. and City Clerk Ewald,