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HomeMy WebLinkAbout1956-09-04; City Council; Minutes2 no legal quorum being present, the meeting was declared adjourned. R " pectful/l. " submitted, .NATA LL E VERMI LYE - &5.5r774 r -3 lA V Deputy City Cler _-~""""""""""""""""~" * MINUTES OF REGULAR 143ETING OF CARLSBAI) CITY COUNCIL September 4," 1956 Meeting called to order at 7:OO P. M. by Mayor Castorenas Present 'be- sides the Mayor were Councilmen Ledgerwood, Robinson, Helton, Baird; City Manager Nelson, City Attorney Smith, Public Works Director An- thony. Cmn. Robinson moved the adoption of the minutes of the meeting of Aug- ust 21st3 w&th minor corrections. Seconded by Cmn. Ledgerwood. All ayes, motion carried. Cmn, Iielton moved approval of the minutes of the adjourned meeting of August 28th as written. Seconded by Cmn. Ledgerwood, All ayes, motion .carried, Cmn. Iielton moved approval of the minutes of the adjourned meeting of August 31st as written. Seconded by Cmn. Robinson. All ayes, motion carried. I^ WRITTEN CORRESPOND EN CE . None. PLANNING COMMISSION. (1) Memorandum from the Planning Commission dated August 29th was read, recommending that the City Council establish a policy of permit- ting no lot-splitting on Highland Drive which would result in any lot ' having street frontage of less than 75 feet. After discussion, Cmn, Helton moved that the recommendation of the Planning Commission be ac- cepted as the City's policy regarding lot-splitting on Highland Drive. Seconded by Cmn. Ledgerwood. All ayes, motion carried. (2) Memorandum from the Planning Commission dated August 29th was read, recommending granting to Roy Ellsworth and Pauline Drace a var- iance- to permit reducti-on in street frontage on portions of Lots 4 and 5, Block E, Bella Vista, subject to provisions as set forth there- in. Also read was a letter of protest signed by C. D. McClellan, pointing out that the application does not adequately set forth a statement of need and justification, that adjoining resident owners strongly oppose granting of the variance, and that, although having a street frontage of 53.03 feet, the lot at that point is actually only 47 feet wide; and for these reasons urging that the matter be returned to the Planning Commission for rehearing and furtheh study. Chairman Swirsky of the Planning Commission was present and explained that the hearing on this application was adjourned too permit members an opportunity to personnally visit the property and study the problem; that Mr. Kalicka, Planning Consultant, recommended granting- of the var- iance because of the peculiar topographic condition; and that restric- tions placed on the granting of the variame will insure against'deval- uation of the property itself or of adjoining lots. Mr. Nelson veri- fied that the frontage figure of 53.03 feet checks with the dkmension shown on the County Assessor's map.. Mr. Glenn Feist, attorney, spoke in support of Mr. McClellan's protest, stating he believed %t would be wise to return thematter to the Planning Commission for rehearing and further clarification insofar as neighboring property' owners 81-e con- cerned. Mrs. Sonneman- was asked whether' she felt a delay of two weeks or so would work a particular hardship on the applicant,'and replied that the owner is rather anxious to have a decision on the matter so he may plan accordingly. After considerable discussion, Cmn. Helton moved that. the application of Roy Ellsworth and Paul Drace to permit reduction in street frontage on property on Hillside Drive be referred back to the Planning Commis- sion for rehearing and further study, with the suggestion that the no- tice he published this week with hearing set for Tuesday, September 11th. Seconded by Crnn. Baird. All ayes, motion carried, (3) Resolution of the Planning Commission submitting and recommending I !3 -4 !3 T 4 3 I I C A adopotion of revised zoning ordinance, including proposed zoning map, was read, City Attorney Smith outlined the procedure to be followed -- Notice of Public Hearing to be published at least 10 days prior to hearing, consideration of all protests and comments brought out at the hearing, and finally -adoption of the map and ordinance. Due to the amount of time it will probably consume, it was decided that the hear= ing should be set for an adjourned. meeting on September 25th at 7:OO P. M. ,. witch Pl-annirig Commissioner and Mr. Kalicka present if possible. Cmn, Helton moved that hearing on the pcoposed zoning nap and ordin- ance be set for 7:OO P. M. on September 25th, and that the City Clerk be instructed to publish notice accordingly. Seconded by Can. Ledger- wood. 'All ayes, Eotion carried. A. HARBOR COMMISSXOY. Cmd. Baird' requested permission to expand his corn- mittee to study rules and regulations governing use of the lagoon to include a member of the Carlsbad Boat and Ski Club,, and permission was granted. He reported that a preliminary meetcing had been 'held but ther-e is nothing definite to report at this time. PARK 6 RECREATION COMMITTEE. BF. Pr'elson *reported on a meeting held on August 28th between Carlsb=ad Elementary School District officials, City officials, and representat>ves of the Park and Planning Commis-,, sions, to discuss possible purchase by the City,for park purposes, of property owned by the District at the rear of the Jefferson School campus, stqtin~g that the meeting was not too fruitful as sale proceed- ings had progressed to a point where the ,Board "could not negotiate .with the City, unless some unforeseen ,circumstance should cause the matter to be reopened; and that the anticipated revenue from the sale* had already been budgeted, He stated the Board expressed approval of the idea of developing a small park in connection with each school site and agreed to consult with the City on any future transactions of this nature. POLICE DEPARTMENT.' The monthly Police Report for August was submitted, as follows:( Arrests ............. 28 Accidents .......... 9 Traffic Citations ..... .144 General cases ....... .203 FIRE DEPARTMENT. The mopthly Fire Report for Augyst was. submitted, as follows: FIRES: Structural ......... 2 Grass ........... 2 Car. .............. 1 Mattress .......... 1 RESUSCITATOR CALLS ..... I Attendance at alarms' .... 11 Drill Eeetings ....... 3 Business meetings ...... 1 Average attendance at meetings12 It ,was reported that the survey of the Fire Underwriters of the ?acific for the purpose -of re-rating the City of Carlshad is about half corn- pleted, Fire Chief Hardin estimating that results of the survey would' be available about October 1st. It was also reported that at Mr. Shaw's suggestion, payment of the $5500.00 to the State has been held off for the time being. PUBLIC WORKS DEPARTFENT. City Manager Nelson read a recommendation of Cmn. Heltonls committee that in the matter of accepting offers of dedication of streets, the City adopt a policy of requiring substantia1 conformity with the Subdivision Ordinance. Cmn. Robinson moved that the Council adopt the policy as- outlined for acceptance of offers of street dedications, Seconded by Cmn. Helton, A11 ayes, notion carried. Mr. Anthony brought up for discussion the drainage problem existing on Fark, Drilve south of Monroe, outlining for. the benefit of new Council 'members. the temporary meamres taken to alleviate the problem, created when water from the Carlsbad Highlands area was diverted from its natural watercourse several years ago. He estimated that a heavy curb cauld be installed and the street croyned up. for approximatelx $2.130 per foot, if property owners would stand the cost; that texporary 2 ' , .:.,. a measures include cleaning the ditch and digging out one or two property Owners after ev:sry rain, running into considerable maintenance cost. The City Attorney suggested .the possibility of forming a 1911 Act Im- provement District, providing at least 51% of the owners affected would favor its formation, but pointed out that the process is lengthy and kostly, By c'ommon consent Mr. Anthony was asked to contact prop- erty'owners re: formation of a 1911 Act Improvement District, and the City Attorney was requested to check into the legality of returning the water, after a.lapse of time, to its original watercourse. Proposed Ordinance #6028, amending Ordinance #602.5 (sales tax ordin- ance) was ,brought up for nulzlifying action, since it was decided not to adopt same. Cmn. Robinson moved that. proposed Crdinance #6028 not be given second reading. Seconded by Cmn. Baird. All ayes, no nays, motion carried. .. Copies of the p1:oposed agreement with the State re: collection of sales tax were passed to members. It was stated that on the basis of a 1.7% collection rate, total cost to the City would be approximately $500.00 per year on the present volume. Cmn. Robinson moved authorization of the Agreement for State Administration of Lucal Sales and Use Taxes, and affixing of the Mayor's signature thereto,. Seconded by Cmn. IIe1- ton. Five ayes,, no nays, motion carried. Second reading was given proposed Ordinance #5030, requiring removal of garbage and 'trash containers from the street by 8:OO A. M. of the day following collection. Cmn. Ledgerwood moved -adoption of Ordinance #5030. Seconded by Cmn. Robinson. Five ayes, no nays, Ordinance adopt- ed * Second reading was given proposed Ordinance #3012, permitting diagonal parking on the west side of Carlsbad Boulevard between Elm and Grand -4venues. Cxn. Helton .moved adoption of Ordinance #3012. Seconded by Cmn. Robinson. Five ayes, no nays, Ordinance adopted. .. , 0. Title and number of proposed Ordinance #go52 were read. Cmn. Robinson moved that this constitute first reading of proposed Ordinance #9052. Seconded by Cmn. Kelton. Five ayes., no nays, motion carried. City Manager Ne:lson ask-ed approval of the Council of the appointment o.f C. A. Anthony, ]Public Works Direc-tor,, to act as City Manager pro tempore during his absence on a vacation and convention attendance from Septem- ber 7th to 28th. Cmn. Robinson moved that C. A. Anthony be appointed City Manager pro tempore during P!r, Nelson's absence from the City. All ayes, no nays, motion carried. Mr. Kelson reported on a meet,ing -to discuss freeway signs, attended by Mr. Lilley, Oceanside C4ty Flana.ger,- Mr." Ehl-ers,- Mr. Hoskins and Mr. Kentner, members of the joint- Oceanside-Cerlsbad sign committee, and himself, and stiated a meeting had been tentatively set up for 1O:OO AM Wednesday, the .5th, at .the Carlsbad City Hall, to discuss asking the Division of Highways to revise the signs at the south limits of Carls- bad and north limits of- Oce,qnside to indicate tho ,mileage to Los Angeles for northbound traffic, and to San Diego for southbound traffic; also to install a sign reading "COAST BOULEVARD hTD BEACHES --USE RIGHT LANE" and another indicating "BEACHES" with an arrow. Mr. Nelson stated that the Chamber of Commerce had discussed the matter and decided to support the action of the sign committee, and felt that the request to the High= way Department should be made as a recommendation or position of the City. By common consent, the City Manager was authorized to use his own judgment in proceeding at the meeting tomorrow, Cmn. Baird reported' that his committee on annexatsion of dry lands south of the City had ccntacted some of the property owners and letters were sent out, and tbat he hoped to have something definite to report at the next Council meeting. Mr. Nelson stated he has been working with- the County Assessor Is office to get a map prepared of the Carlsbad Munici- pal. Water District, with- the parcels lying outside the City limits de- lineated, but that same is not yet ready. Cmti. Raird moved that the bills to September 4th, amounting to $13,415.01, as certified by the City Treasurer and approved by the Auditing Commit- tee, be paid. !Seconded by Cmn. Robinson. All ayes, motion carried. Cmn. Robinson mcved ratification of the payroll for the first half of July, as certif:ied by the Finance Director and approved by the Auditing, Commit.tee, Seconded by Cmn. Baird. All ayes, motion carried. .. , -00 .a Cmn. Robinson moved ratification of the pyroll for the second half of August, as certified by the Finance Director and approved by the Audit- ing Committee. Seconded by Cmn. Baird. A11 ayes-, motion carried. The meeting was declared adjourned at 8:46 P. >I. Respectfully submitted, v M. 0. EWALD, City Clerk """""""""""""""""" MINUTES OF REGULAR MEETIfcTG OF CARLSBAD CITY COUNCIL September 18, 1956 Meeting called to order at 7:CO PM by Xayor Castorena. Present besides the Mayor were Councilmen Ledgerwood, Robinson, IIelt-on, Baird; Public Works Director Anthony (acting City Manager), City Attorney Smith, Po- lice Chief .Max Palkowski. Cmn. Robinson moved the adoption of the minut,es of the meeting of Sep- tember 4th, as amended, by the completion of Paragraph #6, on Page 3, as indicated (Cmn. Helton moved, Crnn. Robinson seconded, adoption of . ,. Ordinance #3OlZ, Poll of Council, 5 ayks, no nays, Ordinance #3012 39 adopted,) Cmn, Helton seconded. All ayes, no nays, motion carried, F4 m e; WRITTEN CORRESPONDENCE'. < (1) Letter from County of San Diego Board.of Scpervisors was read, ' 3 with attached resolution, supporting request "of higher priority rating on Agua Iiedioncla. Lagoon project as small craft harbor. Supervisors are all agreeable. Mr. Ewald wzs instructed to write a letter to the Harbor Commission and advise them of the resolution of the County Board of Supervi sor s. (2) Letter from Mrs. 'Vesta hr, Stuart was read, tenddring resignation from the Park and Recreation Ccmmittae, si'nce she is to be away from Carlsbad 'for some length of tine. Cmn. Ledgerwood moved, Cmn. Robinson seconded,' th,at the resignation be accepted with regret; and a letter of appreciation be written tc Mrs. Stuart for her time and effort, ex- pressing regret of her loss. . PLANNING CO13MISSIOX. (1) Memo - Variance - Roy ^Ellsworth and Pauline Drace. Mernonandum from the Planning Commission was read, re-submitting this variance to the City Council with the original recommendation of acceptance. Iiear- ing was resumed and a great deal of discussion ensued. Mrs, Jane Son- &man was present to represent tfie Drace interests, and Messrs. Smythc, Aagre, ?\'ernrtcke and Ebright were present to make personal protests, Additional correspondence was introduced and former correspondence re- viewed. Cmn. Baird suggested that a joint meeting of the "City Council and Planning Commission night be effected to further discuss the situ- 'ation, and to clarify the Sasis on which a variance might be granted. City Attorney Smith ruled that such a meeting would be legal, provided the meeting be held at, a regular meeting of the Council and the Plan- ning Commission sit in as an advisory* hoard. Any action taken must be ' the action of the Council alone, Joint meeting date was established as Sept.' 25. Cmn. Helton moved that action on the Draw variance be held over until September 25. Crnn. Baird seconded. Four ayes, one nay, motion carried. (2) Memo - Variance - R. K, Baird. Memorandum from the'Planning Com- mission dated Sept. 11 was read recommending granting to R. W. Daird a variance to permit reduction of frontage on lots on. Highland Ave. Cmn. Robinson moved, Cmn. Helton seconded, that. the recommendation of the Planning Commission be approved. All ayes, no nays, motion carried. (3) ??ernorandurn from the Planning Commission dated Sept. 11 was read, recommending to the .City Council the adoption of a resolution of policy that in all areas of the City of Carlsbad where there is no existing policy or where the existing'zoning ordinance does not requkre a par- ticular street frontage, that the street frontage on such lots in such areas be 60 feet. It was explained that this is to be an interim measure until such time as the master zoning plan is adopted. Crnn. Robinsoti suggested that action be deferred until Sept. 25. No action taken. (4) Ifemorandurn from the Planning Cornmission regarding the r*eqnsst FOP