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HomeMy WebLinkAbout1956-09-18; City Council; MinutesLi2 Cmn. Robinson moved ratification of the gayroll 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 Po If. Respectfully submitted, V M. 0. EWALD, City Clerk """""_""_"""~-"""""" MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL ., , September 18, 1956 Meeting called to order at 7:OO PM by Mayor Castorena. L Present besides the Mayor were Councilmen Ledgerwood, Robinson, Iiel-ton, Baird; Public Works Director Anthony (acting City Manager), City Attorney Smith, Po- lice Chief ,Max Palkowski. Cmn. Robinson moved the adoption of the minutes of the meeting of Sep- tember 4th, as amended, by the completion of Paragraph #6, on Page 3, as indicated (Cmn. Helton moved, Cmn. Robinson seconded, adoption of Ordinance #3Ol2. Poll of Council, 5 ayes, no nays, Ordinance #3012 ) adopted.) Cmn. Helton seconded. All ayes, no nays, motion carried. 4' ? WRITTEN CORRESPONDENCE'. ; (1) Letter from County of San Diego Board of Supervisors was read, ' i with attached resolution, supporting request 'of higher priority rating on hgua Nedionda Lagoon project as small craft harbor. Supervisors are all agreeable. Mr. Ewald was 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 W. Stuart was read, tendering resignation from the Park and Recreation Committee, si'nce she is to be away from Carlsbad 'for some length of tine. Cmn. Ledgerwood moved, Cmn, Robinson seconded,' that the resignation be accepted wjlth regret,' and a letter of appreciation be written to Mrs. Stuart for her time and effort, ex- pressing regret of her loss. ' PLANNIRC COMMISSION. (1) Memo - Variance - Roy "Ellsworth and Pauline Drace. Memocandum fGom 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- neman was present to represent tHe Drace interests, and Messrs. Smythe, ABgre, Wernecke 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 might' be effected to further discuss the situ- 'ation, and to clarify the basis 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 Cornmission sit in as an advisory'board. Any action taken must 'be J the action of the Council alone. Joint meeting date was established as Sept.' 25. Cmn. Helton moved that action on the Drace variance be - held over until September 25. Crnn. Baird seconded. Four ayes, one nay, motioii carried . (2) Memo - Variance - R. W. Baird. Memorandum from the"P1anning Com- 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) Yemorandum 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 requhre a par- ticular street fronta'ge, 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. Robinson suggested that action be deferred until Sept. 25. No action taken. (4) Memorandum from the Planning Commission regarding.the t-equest for . mission dated Sept. 11 was read recommending granting to R. 11'. Baird markers at Harbor Estates by Watson Construction Co. was read. No recom- mendation was made at this time since no report from Gordon Whitnall G Associa$es is available. Favorable recommendations from the Police and Fire Departments were read. No ac'tion wi3-1 he taken on this matter until requested report from Gordon Whitnall E* Associates is received, with the advice of ?lanning Consultan't Kay Kalicka. (5) . Resolution :from the Planning Commissicn regarding the potential R-3 zoning on Pi0 Pic0 Drive was read. Resolution was accepted for consider- ation, but no action taken at this time, since the hearing on the proposed zoning map and revised zoning ordinance was to be held on Sept. 25 at an adjourned meeting. After a 15-minute recess, the Council was reconvened at 9:15 P. M. HARBOR COMMISSICJj. Cmn. Baird reported on a Harbor Commission meeting held on Friday, Sept. 7, at which the proposed harbor rules were gone over very thoroughly. Yr. Jeffers.-.was asked to be a committee of one to talk with the Co.ast Guard regarding enforcement of harbor rules and if they were in any way in conflict with Coast Guar-d rules. He was assured that until the booms across the entrance to the harbor are removed, the Coast Guard has no interest whatsoever in it. At that tifie, if the City is properly enforcing any rules right and proper for the operation of the facility, the Coast Guard would not interfere. Prime donsideration should be given to the safety cf the 'persons using the fzfcilities, and the iood cf the gmeral public, in establ'ishing the rules 'and regulations. Cnm. Robinson moved that Resolution #218, urging selection of Harbors of Refuge in accordance with C. S. Army Corps of Engineers' Report of 1947, be adopted. Cmn. Helton seconded the motion. Poll of thc Council: j ayes, no nays, R.esolution adopted . PARK AND RECREATION. Regarding the resignation of Yrs. Stuart from the Park and Recreation Committee, the name of Mrs. Earion Prlritt was sub- mitted for approval. Council was advised that Krs. Pruitt had been con- tacted and had agreed to serve. Cmn. Baird moved and Cmn. Helton second- ed that Yxs. Pruitt be appointed to serve out the term of bfrs. Stuart, term expiring Aug. 10, 1958. All ^ayes, "no nays, motion carried. PUBLIC WORKS. Drainage on Fark Drive, Mr;. Anthony reported that he had contacted severa.1 property owners in the vici'nity regarding formation of a 1911 Act Improvement District, and found no bne interested, Since nothing definite can be done at this time, Mr. Anthony was instructed tc maintain the street to the best of his ability under the circumstances. Flans for Paving on Lincoln and Harding Streets, This matter was brought to the attgntion of the Council. Cmn. Helton moved, Cmn. Baird seconded, -that the City Works Director be instructed to publish and in= vite 6ids for construction of streets mentioned. All ayes, no nays, motion carried. Ordinance #8007. Discussion was resumed on proposed Ordinance #8007, regarding collection of fees for permits on school buildings. Mayor Castorena suggested that 8 policy be set until such time as the ordin- ance is adopted and in force. Cmn. Robinson moved, Cmn. Helton second- ed, that the proper officials be instructed that permit fees be wGived and no inspections performed, except on invitation, until such time as the ordinance is in effect, but that permits be required by and issued t3 the general contractor. All ayes, 'no nays, motion carried, ardinance #9052,, SeconG reacling was given Ordinance #9052, special use permit for Lot 6, Block D, Bella Vista. Title was -read to constitute second readink. Cmn. Helton moved, Cmn. Ledgerwood seconded, that Or- dinance #go52 be adopted. Five ayes, no nays, motion carried. Resolution #2l9. Resolution #Zl9, authorizing the financial' director to purchase rea11 property, and authorizing the acceptance and ,recorda- tion of a deed, by City Manager, was presented for consideration. Cmn. Robinson moved, Cmn. IIelton seconded, that Resolution #219 be adopted. Five ayes, no nays, Xesolution #219 adopted. PTater Stock* City Attorney Smith brought up the problem of the expense involved in.hav:ing more than one water account. As property is bou&t bY the City, walker stock is obtained at the same time. At present. the water stock isOunder two accounts and will soon be three, Cm, Robin- son moved, Cmn. Baird seconded, that the City Engineer be instruct& to Pursue the matter, and given authority to endorse stock certificates, for the P~~pose Of effecting the proper stock balance. All ayes, no 2 nays, motion carried. Cmn. Robinson moved that, the bills to September 15, an1ounf;ing to $3739.69, as certified by the City Treasurer and approved by the Aud- iting Committee, be paid. Seconded by Cnn. Baird. A11 ayes, motion carried . Cmn. Daird moved ratification of the payroll for the first half of September as certified by the Finance Director and approved by the Auditing Committee. Seconded by Cmn. Robinson. All ayes, motion carried. Cnn. IIelton moved that the meeting be- adjourned 'until Sept. 25, 1956, at, 7:OO PM. Seconded by Cmn. Baird. All ayes, motion carried. Xleeting was adjourned at 10:35 PM. Respectfully submitted, L N. 0. EWALD, City .Clerk """""""""""""""""- !$sJ i"! bnNUTES OF ADJOURNED MEETING OF CARLSBAD CITY CouNcIi September 25, 1956 u7 ex Pleeting called to order at 7:06 P. 21. by Mayor Castorena. Present be- -q sides the Mayor were Councilmen Robinson, €Iel.ton, Baird, atld Ledger- LJ wood; anti City Attorney Smith. Absent, City Xanager Nelson. Sitting in at the Council's invitation were Planning Commissioners Swirsky, Raumgarkner, Yourell, Engelmann, Stringer, Jarvie, Fennel (8:oo P. N.), and Planning Consultant, Kay Kalicka. The b!nyor* explained that due to an oversight, notice of the public hearing on thc proposed zoning ordinance and map, which was to have been held at this meeting, was not published, so another date must be set. ?lanning Commissioners were consulted as to an agreea5le date, and it was decided to hold the hearing on October 9th so that Cormis- sioners could attend following adjournment of their ,reguI:ar meeting scheduled for 7:OQ P .. M. Cmn. Baird moved that a public hearing on the proposed zoning map and ordinance be set for 7:30 P. Me on October 9th. Seconded by Cmn. Robinson.. All ayes, motion carried. Mayor Castorena asked Chairman Swirsky to open the discussion on devel- . oprnent of a poli.cy, concerning granting of protested variances. Comm. Swirsky briefly outlined the procedure followed by the Commission, reading from City Ordinance #go05 those provisions setting out the con- ditions which must exist to justify granting of a variance and the fac- tors which must be considered by the Commission, an advisory body, in making its recommendation to the City Council. He emphasized that the Commission attaches great importance to any protests raised by any in- dividual who might be affected by its decision, but is obligated by law to cqnsider the matter from the standpoint of the best land use and the best interests of the City, rather than of the individual. He assured the Council that in the present case (application of Roy Ellsworth and Pauline Drace for variance to permit reduction of street frontage) the unanimous recommendation of the Commission was reached only after two hearings and a personal inspection of the premises and individual cval- uation of the merits of the application by the Commissioners, Mr. Kay Ralicka, planning consultant, spoke at length m technical as- pects of the matter, emphasizing that the Planning Cornmission is a quas judioiary body set up by State law, and their deliberations must be governed by the law and the facts; that due weight is given prote.sts of adjacent and abutting property owners, but obviously the,y cannot be influenced by the personal feelings of neighbors if the facts indicate otherwise; that the facts must be considered first, and if it is found that damage to abutting property owners will be greater than the bene- fit to the applicant, the recommendation should be for denial, and, conversely, if the benefit 'to the applicant is greater, approval should be recommended. Cmn. Robinson stated he felt that if a variance is granted over the protests of a large percentage of owners in an area, the Council may be put into a position of not being able to deny other petitions. Mr. Ka- licka stated that it is very clearly stated in the law that granting of a variance does not establ.ish a precedent; that each case: must be