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HomeMy WebLinkAbout1956-08-21; City Council; MinutesI Mr. Rood, adjoining property owner on the other .side, was also present ant stated that should the Garretts want to dispose of the lot, he would pay them what the property had cost them. Cmn. Baird moved that the variance gran€ed to Mr. and Mrs. Garrett be con. ditionally amended to provide as follows: that the-variance be granted as proposed, provided that no portion of the exterior foundation of the house shall come closer than seven (7) feet from the front property line; that said amendment be granted only upon the condition that the Garretts move the garage towards the rear of the premises a distance of three (3) feet so as to have the building conform to the exterior pattern of the floor plant-as submitted in the application for building -permit . Seconded by Cmn. .Robinson. All ayes, no nays, motion carried, A. H. Glissman, 4509 Adams Street, owner of Whitey's Boat Landing, was present to protest 'the closing of the harbor during the wee-end of August 18-19 for boat races, and asked the support of the Council to keep the Harbor open. He was advised that since it is all private property and the City has signed no lease, the City has no control and ,any arrange- ments would necessarily have to be on a voluntary basis through agree- ment between the parties. He was assured that the Council will make no attempt to close the whole harbor at this time since it has no jurisdic- tion, although a letter had been addressed to the Harbor Commission by the Carlsbad Boat and Ski Club requesting a recommendation'to that effect ~ The Council again took- up the budget discussion and general agreement was ~ , reached on all figures, .but no action was taken. The meeting was declared adjourned at 12~05 AM. Respectfully submitted, .- V M. 0. EWALD, City Clerk """""""""_ ?"""".""""- I MINUTES OF. REGULAR MEETING OF CARLSBAD CITY COUNCIL August 21, 1956 I Meeting called to order at 7:05 P. M. by Mayor Castorena., Present be- sides the Mayor were Councilmen Robinson, Ledgerwood, Baird, Helton; City Manager Nelson, City Attorney Smith, Public Works Director Anthony, Polic Chief Palkowski, Civil Defense Director Whipple. Crnn. Helton moved approval of the minutes of August 7th as corrected. Seconded by Cmn. Baird. All ayes, motion carried. WRITTEN CORRESPONDENCE. (1) Letter from the Carlsbad Chamber of Commerce requesting use of .the City-owned Ford Station Wagon in the San Luis Rey Days Parade on Sunday, September 2nd, The City Attorney was consulted and stated there was no legal reason why the station wagon could not be loaned for this type of activity. Crnn. Robinson moved the authorization of the use of the City- owned Ford Station Wagon by the Carlsbad Chamber of Commerce in the .San Luis Rey Days Parade on Sunday, September 2nd, subject to the approval of the Fire Chief. Seconded by Cmn. Ledgerwood. All ayes, motion carried, (2) Letter from Mrs. W, D, Garrett, Orange, California, stating that she would be present at the meeting to discuss the problem arising out of their building operations on Lot 44, Granville Park, in the 2300 block Ocean Street. Mrs. Garrett was present and stated she was prepared, to submit revised plans shwing the eaves reduced so that no portion of the building would protrude into the 7' setback -required by the terms of the variance, She asked whether she would be safe in proceeding with .the construction according to the new plans, and was advised to-have City Building Inspector Ewald check the plans and act according to his advice. (3) Letter from the State Employees' Retirement System enclosing form of contract for the actuarial study bn miscellaneous employees of the City (all employees other than police officers and firemen) at a cost to the City of $113.50. After a brief discussion, Cmn. Helton moved that .the City Manage be authorized to enter into the contract for .the actu- aria1 study, sbkiect to aPPrOVa1 Of the City Attorney, Seconded by Cmn, Baird. All ayes, motion carried, I OPENING OF BIDS - SEWER LATERAL CONSTRUCTION. City Manager Nelson read Notice Inviting Bids, and advised the Council that the only bid 'received bzz I. . was ,that of Leo -Williams. The bid was opened and read, and then referred to the City Attorney, who approved same as to form, suggesting a slight change in the cancellation clause which he stated was agreeable to Mr. Williams. Cmn. Helton moved, Cmn. Baird seconded, that the bid of Leo Williams be accepted and the contract awarded to him. Five ayes, no. nays, motion carried. Cmn. Helton moved that the City Attorney be in- structed to prepare the contract, and the proper City officials be authorized to execute same. Seconded by Cmn. Baird. All ayes, motion carried. MAYORS MEETING: UNIFORM SALES TAX. Mayor Castorena reported on the May- ors' meeting in San Diego of the ten mayors of the County, called. to- gether by Mayor Hodge of San Diego, to discuss the uniform sales tax problem, which he and Mr. Nelson attended, The proposal discussed was that each City will contribute 5% of the total sales tax collected for. one year only, to the County, which, if adopted by all ten Cities,,will result in the Board of Supervisors proceeding with the uniform sales . tax program, Mayor Castorena stated that all the Mayors had. indicated agreement. Mr. Nelson stated that City Attorney Smith had prepared a proper amendment, to the City Ordinance- for first reading; that iqan- other meeting could' be' held this month to give second. reading, and the other nine 'Cities do likewise, it would be possible for the State to be- gin collecting the sales tax on October 1st of this year. Mr. Nelson - commented that t,he compromise was inspired by the Health Department's desire to build a wing on the Civic Center building at a cost of between $3OO,OOO and $480,000, and the City of San Diego's offer to contribute 5% of its sales tax for one year toward the cost. Further discussion was deferred until after opening of bids for sewer extension. OPENING OF BIDS - SEWER EXTENSION. City Manager Nelson announced that bids for extensi.on of sewer lines along Basswood-Elm-Elmwood-Oak were received from thlree firms - (1) Shafer & Stowers, (2) Hutchinson Company, and (3) Barber & Company. , The City Attorney and Public Works Director were excused from the meeting to tabulate and compute the bids and report .back to the Council when finished, Discussion was resumed on the uniform sales tax proposal. Cmn. Robinson moved that the Clouncil adopt the compromise, and that the League of Cities Secretary be so notified. Seconded by Crnn. Helton. All ayes, mot ion carried . I ,I PLANNING COMMISSION. - (1) Special Use Permit - Pacific TeleDhone & Telemaph Companv, Mr. Nelson read a memorandum from the Planning Commission recommending the granting of a special use permit to Pacific Telephone €3 Telegraph Com- pany to allow colnstruction of a telephone exchange building on Harding Street north' of Chestnut Avenue, east side of the street , subject to the following provisionst a. That the property be properly fenced, with either a chain link, b. That it be attractively landscaped in accordance with the C. That adequate off-street parking be provided; d. That a front setback of 20 feet be required; e. That the permit is being granted on the present building, . wall, or solid fence; recornmendation of the Parks Superintendent; alone. After discussion, Cmn. Ledgerwood moved that a special use permit be grant- ed to Pacific Telephone & Telegraph Company in accordance with the,recom- mendations of the Planning Commission. Seconded by Cmn, Helton. Five ayes, no nays, motion carried. % : (2) Conditional. use permit - A. H. Glissman. Mr. Nelson read a recom- mendation from the Planning Commission that a conditional use permit be granted A. H. Glissman to allow extension of boat ramping and parking %facilities on Lot 6, Block D, Bella Vista, a distance of 225 feet east of the area embraced in his present permit as set forth in Ordinance #9043. Mr. Nelson read from Ordinance #go43 setting forth conditions to be complied with by Mr. Glissman. Cmn. Robinson moved the acceptance of the recommendation of the Planning Commission, and that the City Attorney be directed to p.repase the necessary ,amendment to the ordinance to accom- plish'same. Seconded by Cmn. Baird. Five ayes, no nays, motion carried. RARBOR COMMISSIO!E. " Efr. Nelson stated there was nothing new to report on the progress of .the County's contract with Mr. Patterson. He read a re- commendation of the Harbor commission that two signs, 6 x 10 feet each, be authorized; also that certain listed rules and regulations for use of the harbor be approved by the Council. Copies of the rules referred to I 3 -4 p1 @ 3 I' I q & werg passed to Councilmen. Cmn, Baird strongly recommended that the proposed rules be restudied and revised, as he felt they limited use of the harbor to motorboats,, precluding sailboats, canoes, etc., and as set forth contravene Coast. Guard regulations and the principles of ordinary prudence and seamanship. A. H. Glissman, owner of Whitey's Boat Land- ing, commented that as soon as ingress from the sea is attained the Coast Guard will. assume jurisdiction and it would be foolish to adopt rules or regulations incompatible with theirs,- Officer Whipple, Harbor Patrolman, commented that present patrol operations are conducted in ac- cordance with Coast Guard regulations. After some discussion, Mayor Castorena appointed a committee composed of Cmn, Baird, City Attorney Smith, City Manager Nelson, Chief of Police Palkowski, and a member to be. named from the Planning Commission, to study the complete. recommendation of the Harbor Commission, signs as well as proposed r.ules and regulations, and report back to the City Coun- cil at the next regular meeting. Mr. Nelson reported that the Woman's C3ub and the Boy ,Scouts are negotia- ting with an oil company for sale of their property on Elm Avenuq and havl consulted with the Par 6 Recreation Commission re.garding possible pur- chase of a portion of th e Forrest Kruger property.at 3213 Eureka Place, adjoining Holiday Park. He stated the Park 6 Recreation Commission ex- pressed approval of the idea but felt that the City should negotiate for the balance -of the Kruger property, if available, and made such a recom- mendation to the Council at their meeting on August 20th. Gerry,Mc- Clellan, Park Commission member, was present and was asked to comment. He %reminded the Council that .even in the preliminary stages it was con- sidered having the Park extend to Eureka Place - that the feeling was that it is a natural extention of the Park. Cmn. Helton, speaking as a member of the Scout Center Committee, stated that the Krugers had agreed to sell a portion of the property to the Boy Scouts but were willing to sell. the entire parcel. After some discussion, Crnn. Lederwood moved that the City Manager be authorized to inquire as to the price of the Kruger property, or the possibility of obtaining an option on it, and , make a report at the next Colnncil meeting. Seconded by Cmn, Robinson5 all ayes, motion carried, After a 20-minute recess, the Council was reconvened *at 9: 25 'P. M. Mr. Nelson read the results of computation of the bids by City Attorney Smith and Public Works Director Anthony, as follows: . SHAFER €3 STOWERS HUTCHINSON BARBER . Basswood Elm 0 ak $ 8739.00 13879.00 $22618.00 11424.90 $34042.90 $10281 . 60 $10064.25 , 15459.50 $25741.10 -$%$kg 11863.30 $37604.40 * .. w 3 4 050 indicating that the lowest bid was submitted by the firm of Shafer 6 Stowers. Cmn. Robins0.n moved that the Citx Manager acknowledge receipt of the bids in the amounts as set forth, subject tq check of the bids by the City Attorney as to form and rechecking of the figures. Seconded by Cmn. Helton. All ayes, motion carried, The Council discussed at some length the problem of littering and .dump- ing of trash on public and private property in violation .of Ordinance #Solo, especially as regards vacant lots of absentee ownership, private beach property used by the.,public, and certain areas adjacent to the two lagoons under private ownership but publicly .used, .with or without per- mission of the owners. It was emphasized that the provision of the or- dinance'providing for City clean-up of the p.roperty at .a charge, to the owner is awkward to enforce, especially in the case of absentee owners, The City Attorney pointed out'that in order to 1-egally expend public funds on priva,te ,property, some sort of lease should be entered into or at -least permission granted for publ.ic use of the property. ' By common consent the City Manager was authorized to attempt to negotiate some sort of agreement with private owners of, these' areas and consult the City Attorney as to expenditure of public funds in the manner discussed. The discussion progressed into the subject of campfires on the beach, and control of camping. It was brought out that the ordinance expressly pro- hibits pitching of tents, although permitting sleeping bags; that there has never been any intent on the part of the City to permit camping, on account .of lack of sanitary facilities, It was also pointed out that fires on private property require a permit from the Fire Department, 2 . ., .. . . . .:. . ._ . .. ... .. .. .. .. . . ^..... >.. L. .. which provision wouXd also cover campfires on private. beach property. The City Manager was asked to get together with the City Attorney and. draft some proposals for Council consideration. Cmn. Helton, reporting on his committee's; findings regarding acceptance of offers of street dedications, stated, it was agreed that streets ac- cepted should be! improved with sewer, water and curbs, as required by the Subdidision Ordinance." City Manager Nelson added that it was felt that the City shlould assist small subdividers or persons wishing to dedicate a streeit who-may not be in position to secure engineering or planning advice such as a large subdivider would have at his disposal, by providing'thetm with technical advice on planning, engineering, and legal documents as far as the City staff would be able to furnish such assistance. 'Mr. Louis Gaus, 3162 Jefferson,' and Mr. Bond, his son-in-law, whose of- fer to dedicate to the City a 50-foot unimproved street between Knowles and Buena Vista, running from Jefferson to Davis, is under considera- .'tion, were prese,n.t and indicated their intention to pursue the matter. further. Mr. Bond asked whether a 50-foot street of that length (slightly over the maximum number of feet allowed in the subdivision ordinance) would be acceptable, and was advised that this would be a matter for Psanning Commission recommendation. By common consent, it was agreed that the City Manager draft a policy along the ideas ex- pressed to be presented to the Council for consideration at its next meeting. NOSQUIT0 ABATEMEXT - BUENA VISTA LAGOON. Mr. Nelson reported that Mrs. Keith had been contacted and refused to give the City permission to open the lagoon to the sea, as she was fearful that if improperly done it might result in too extensive drainage, leaving a swamp; but had lat- er stated she might be willing to allow Mr. Couzens to do the work. The City Attorney outlined legal action'which could be taken if Mrs. Keith's permission could not be secured; either by summary abatement, or by instituting a Court action; recommending that suit .be instituted rather than proceeding on the other method. It was agreed that the mat- ter be deferred to the next meeting,. and if there are no favorable de- velopments by that time, the City Manager and City Attorney will sub- mit recommendations. Proposed Ordinance 83012, amending Ordinance 83005, to allow diagonal 3 . parking on the west side of Carlsbad Boulevard between Elm and Grand Avenues, was summarized. Cmn. Robinson moved that reading '&f number and title of proposed Ordinance #3012 constitute first reading. Seconded by Cmn. Ledgerwood . All ayes, motion carried. City Manager Nelson reported that he had nfound11-$350.00 in the budget which he 'feels might be placed in the Police Department budget towards maintenance of a patrol boat. He reported that the total budget for 1956-57 is $371,853.00, 05 which $144,037.00 wou3d be raised by property tax under an 80& rate. Proposed Ordinance #1045, determining the amount of money to be raised by taxation upon the taxable property of the City of Carlsbad, was read in full. Cmn. Helton moved the adopbion of; pro- posed Ordinance #1045. Seconded by Crnn. Ledgerwood. Five ayes, no nays, Ordinance #lo45 adopted. In view of the fact that the tax valuation statement had not yet been re- ceived, it was decided to hold an ad'journed meeting on Tuesday, August 28th, at 7:OO P. M,, for final action on fixing of the tax rate. Proposed Ordinance #6028, amending Sections 4 and 5 of City Ordinance #6005, was summarized. Cmn. Robinson moved that reading of the number and title of pro.posed Ordinance a6028 constitute fhst reading. Second- ed by Cmn. Helton. All ayes, motion carried. Proposed Ordinanlce #5030, amending Ordinance #SOSO, requiring household- ers to remove tr.ash or garbage containers before 8:OO A. M. of the day following collec,tion, was summarized. Cmn. Robinson moved that this constitute first reading of proposed Ordinance #5030. Seconded by Cmn. Baird. All ayes, motion carried. A brief discussion was held on the question of licensing real estate op- erators placing ,signs on Carlsbad property, althangh having no office in the City. The City Attorney stated that legally this could be done, even though said operators are licensed by the State of California, cit- ing the case of contractors who must pay City license fees although holding State licenses. The City -Manager was asked tocontact Mr. Lilley, 2: Oceanside, City Efanager, and the Realty Board, and get their views On the matter. Cmn, Robinson moved approval of the minutes of the adjourned meti.ng of August 16th, as amended. Seconded by Cmn. Helton. All ayes, mbtion carried. Cmn. Robinson moved approval of the bills in the amount of $10,455.73, covering'the period August 7th to 21st, 1956, as Certified by the City Treasurer and approved by the Auditing Committee. Seconded by Cmn. Baird. All ayes, motion carried. - Cmn. Robinson moved ratification of the payroll of the first half of August, 1956;''seconded by Cmn. Baird;' all ayes, motion carried. At 11:20 P. X. , Cmn. Helton moved that the meeting be adjourned to Tuesday, August 28th, at 7:OO P. M. V nepu'ty Cfty Clerk """""-_"""-"""_"""-_"- 1 .?, #W-l T-4 MINUTES OF ADJOURNED MEETI.NG OF CARLSBAD CITY COUNCIL 2 .a August 28, 1956 .q GJ ."- Meeting called to order by Mayor Castorens at 7:OO P. M. Present be- sides the Mayor were Councilmen Robinson, B.aird,, Helton, City Manager Helson, City Attorney Smith. Absent, Councilman Ledgerwood. Proposed Ordinance #1046, setting tax rate for the City of Carlsbad at 80$ per $100.00 valuation, and City of Carlsbad Sewer District #2 at .OO for the fiscal year 1956-57, was read in full. Cmn. Baird moved the adoption of Ordinance #1046. Seconded by Cmn. Robinson. Four ayes, no nays, Cmn. Ledgerwood absent. Ordinance adopted. ".-" Resolution #217 accepting the dedication of easement'and right-of-way on Grand Avenue,'was summarized by City Manager Nelson. The City At- torney pointed out that although this acceptance is contrary to the present policy, the matter has been in progress for about three ye,ars. Cmn. Robinson moved adoption of Resolution #217. Seconded by Cmn.' ed * ' Helton. Four ayes, no nays, Cmn. Ledgerwood absent. Resolution adopt- Xayor Castorena stated that in order to obtain proper credit in the survey being made by the Fire Underwriters' of the Pacific, it is neces- sary that the Civil Defense fire truck be entirely paid off, which would require reimbursement of the $5500.00 originaEly paid by the State of California, He emphasized that the item is not a bill in any sense and the City is not obligated to pay it,, but unless the City be- comes sole owner of the truck, full credit will not be allowed by the Fire underwriters. City Xanager Nelson stated the money was budgeted last year in anticipation of such a possibility and funds for payment are on hand. Cmn. Daird moved that the City Manager be authorized to pay off the white truck, in the amount of $5,500.C0, Seconded by Cmn. Helton. All ayes, motion carried. It was announced that second reading of the sales tax ordinance would be held in abeyance until Friday, pending action of the County Board of Supervisors. At 7:20 P. M. Cmn. Robinson moved that the meeting be adjourned to Fri- day, August 31st, at 7:OO P. K. Seconded by Cmn. Iielton. All ayes, motion carried. -a v ?&- 6%" pectfully abmitted, NATALIE VERMILYEA e Deputy City Clerk v * """"""""""""""""" MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COUNCIL " &gust 31, 3.956 Mayor Castorena called the meating to order at 7:OO P. M. At 7:15 p* %Y