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HomeMy WebLinkAbout1956-10-16; City Council; MinutesI 23 Y-4 E e& 4 LJ I 1, c P After considerable discussion of the points raised, Cmn. Robinson moved, Cmn. Baird seconded, that the request made in the let,ter firom G. W. Tarry, sighed by W. W, Rogers, regarding R-2 zoning south of Chinquapin, east of Garfield, be denied, All ayes, no nags, motion carried, J Cmn, Robinson moved, Cnm, Baird seconded, that the petition presented by Bernard L, Robinson., containing the signatures of 14 property owners, regarding C-M zoning for Roosevelt Street, be denied. All ayes, no nays motion carried. & motion was made by Cmn, Robinson, seconded by cm. Helton, that .the recommendations of the. Planning Commission regarding the treatment of trailers and industrial zoning be accepted. All ayes, no nays, motion carried, 1% was moved by Cmn, Helton, seconded by Cmn, Baird, that the ~~COn~menda. tions. of the Planning Commission as contained in Planning COmmisSion Res. elution #-,be. accepted, and that this acceptance be made by the City Council by formal Resolution .#220. Roll Call Vote: five ayes, no nay*, Resolution adopted. Cmn . been sa id Helton moved, Cmn. Ledgerwood seconded, that title and number-havinr read of proposed Ordinance-#9060, it be considered first reading of Ordinance, All ayes, no nays, motion carried. Planngng Consultant Kay Kalicka informed the Council that one error had appeared in the map that was not in conformance with the actual recom- mendations of the Planning Commission. He wished to correct this error since he felt that the map should-reflect accurately the .,Commission's recommendations. By common corlsent, Mr. Kalicka was instructed to have the map corrected, ' Discussion was held on the problem of improvement of dedicated streets surrounding new and proposed subdivisions. ' The Council agreed to con- sider this matter further in the future. Cmn. Helton stated that he wished to express appreciation to the City Planning Commission for the excellent job ,they had done in recommending ,to the Council the zoning ordinance and land use map. Mayor Castorena stated he was .sure that Cmn. Helton was speaking Por the-entire Council in this regard, City Attorney Smith, speaking as a private citizen, requested the Coun- cil to support the North County .Bar Association in its stand to endeavor to have the plans for the Oceanside Court House modified to include two Court rooms. After considerable discussion, the Council by manixnous adoption of Resolution #221, directed to the Board of Supervisors of San Diego County (copy to Dean Howell), went on record as endorsing the po- siti;.on of the North County Bar, Association, The meeting was declared adjourned at lO:l5 P. M, v -,&L+- pect ull submitted, NATALIE VEKMILYEA Deputy City Clerk Y """-"""""""""-~"-~~-~~-. MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCXL October 16, 1956 Meeting called to order by Mayor Castorena at 7:OO P. M. Present beside8 the --Mayor were Councilmen Ledgerwood, Baird, Robinson (7:12 P. Me), City Manager' Nelson, Public Works Director Anthony, City Attorney Smith. Ab- sent, Councilman Helton. Cmn. Baird moved tha.t minutes of the meeting of October 2nd be approved as written.. Seconded by Cmn. Ledgerwood. All ayes, motion carried. Csm. Ledgerwood moved that minutes of the adjourned meeting of October 9th be approved as written. Secowed by Cmn, Baird. All ayes, motion carried . WRITTEN CORRESPONDENCE. (1) Letter from Chief Administrative Officer of San Diego County enclos- ing proposed contract providing for additional health services to be performed. by the. County (laboratory tests for pre-employment physical exami*nat.ions). Mr, Nelson explained that the County can perform such tests for a fraction of the cost of having them dane by a private phy- sician. . After discussion, Cum. hdgerwood moved that the City Attorney be instructed to prepare Resolution #222 authorizing the City Manager to sign an agreement with the County for performance of. public health Lab- ora,tory services. Seconded by Cm. Baird, All ayes, motion carried. (2) Letter from the Division of Highways enclosing fully, executed copy of deed, recorded on August 14, 1956, covering five excess parcels of land lying along the. Freeway. Mr. Nelson explained that the parcels, purchased by the City for $100.00 for sale, if possible, to adjoining property owners, will have to. be declared surplus property, no longer needed by the City, and advertised for' sale as such, By common consent, the City Hanager was instructed to dispose of the five excess parcels of land along the Freeway in lsgal fashion, (3) Letter from the Grand Jury dated October llth, drawing attention to Section 1090 of the Government Code coyering "conflict .of interest". The City Attorne:y explained that the Section prohibits Councilmen from entering into an'y contract with the City for goods or services. Letter filed. (4) Copy of letter sent by the Carlsbad Chamber of Commerce to Pacific Te1eph.one 6 Telegraph Company in Los Angeles regarding the need of a separate. exchange for the City of Carlsbad to properly identify calls from Carlsbad. After some discussion, the City Manager was instructed to write a lettelr to the Pacific Telephone Q Telegraph Company in sup- port of the Chamlber of Commerce letter. PLANNING COMMISSION. (1) Recommendation that application of Leon Iacona, ' 2753 Jefferson Street, for variiance to allow reduction in lot size from 6000 to 5025 feet, knd in street frontage .from 60 to 50.25 feet, on portion of-Lot 47, Seaside Lands, located at corner of Jefferson Street and Arbuckde Court, be approved and variance granted, Sketch of the property and proposed division of the, 100.5-foot lot was studied by members and dis- cussed. Cmn, Ledgerwood moved that the recommendation of the Planning Commission be accepted, and variance granted to Leon Iacona as requested. . Seconded by Cmn. Eaird. All ayes, motion carried. I (2) Recommendation that conditional use permit be granted to St'. Mi- chael's Church, subject to conditions set forth, for construction'of a church and accessory facilities on a portion of Block 6, Carlsbad Town- site, lying between Carlsbad Boulevard and Garfield Street, north of Cedar Avenue, in C-1 and R-3. zoning. Comm. Engelmann of the .Planning Commission was present and read from the minutes of the Commissionls October 9th meeting a paragraph covering discussion as to possible ef- fect of granting .of this permit on existing and future liquor licenses along Carlsbad Boulevard. The Council discussed a suggestion that a condition could be attaqhed to granting of the permit, that the Church ' refrain from txerscising their right of protest to the Alcohol Beverage Control Board agalinst granting of liquor licenses in the vic'inity, but it was agreed that such a condition would be impractical and awkward of enforcement. The! point was made that the proposed school, being a par- ochi8.l school, would not be in the same position as a pub.lic school as regards restriction of liquor licenses. Mr. Robert :Valwick of kh& firm .of. Daubney and St,evens, attorneys, was present in.&upport of- the peti- tion and stated he felt that the Church would have no moral justifica- tion for protesti.ng since they are requesting this conditional use pcr- nit with full cognizance that the property is situated in a C-l zone which permits, among other commercial uses, the operation of liquor es- tablishments, He; pointed out that 15 ,or 20 years may elapse before the pa.rochia1 school could be established; that primarily the facili- ties will consist of the church, Sunday School and vicarage. I City Attorney Smi.th read from California Court cases indicating that, as brought out in, the Planning Commission discussion, the ABC Board . has authority to approve or deny. liquor licenses, according to their discretion, regardless of the existence of churches or schools in the immediate area/ Cmn, Robinson stated he felt definitely that the Church records should reflect that sthey are moving into an area of established commercial uses, some .of which they may not approve, in full knowledge of all the circumstances. After a lengthy discussion, Cmn. Ledgerwood moved that the recommenda- tion9of the Plann.ing Commission b,e approved and a conditional use per- mit granted to St. Michael's Church, with the stipulations imposed by I -yJ "1 AQ d 2 J I I :e i the Pl'anning Commission; and that the City, Manager be instructed to ino cludo in the letter of transmi.tta1 to the Church, as a matter of record, the fact that the area surrounding the proposed Church. site is zoned to allow commercial uses, such as sale of liquor, and that these may become objectionable. Seconded by Cmn., Robinson. Mr. Walwick suggested that the letter be addressed to the Bishop in Los Angeles, with carbon copy to St, Michael's By-The-Sea, Carlsbad, Roll call vote; four ayes, no nays, Cmn, Helton absent, .. VIOLATION OF SUBDIVISION ORDINANCE, City Manager Nelson outlined a vio- lation of Section 500' of Subdivision Ordinance #9050, providing for div- ision of lots where, subdivision proceedings are not required, covering an illegal division and sale of lots at 4092 Garfield, under circum- stances invo&ving misrepresentations by the owner to obtain City permis- sion for the division. Tho City Attorney recommended that suit he filed by the City to set aside the deed and have the property restored to the former owner. Cmn. Baird moved that the City Attorney and City Manager be instructed to proceed with the matter. of enforcement of the Ordin- ance. Seconded by Cmn. Robinson. All ayes, motion .carried. HARBOR COMMISSION. A copy of letter from the Army Engineers to the County Board of Supervisors was read, advising that the Agua Hedionda lagoon will be placed on No, 1 prfority for engineering, which will be completed as rapidly as possible, Letter filed. PARK & RECREATIbN COMMISSION, Mr: Nelson reported that he and the City Attorney had talked with. Mr. Lawrence Felt of the Royal Palms, and Mr. Felt had agreed to plant flowering hibiscus along the Boulevard in. front of the Royal Palms, and to extend his sprinkling system to water same Mr. Nelson read a recornmeadation from the Park 6 Recreation Commission that widening of Elm Avenue from State Street to Carlsbad Boulevard. be suspended for the time being, as. its present width is adequate to ac- commodate traffic and postponement of the widening until required by traffic needs will preserve a number of fine trees for several years. Mayor Castorena briefly reviewed the backgromnd on the Elm Avenue con- struction, reminding the Council of the public hearing held early in the proceedings to discuss re.mova1 of the trees from the Freeway to Carlsbad Boulevard, and that the whole project was approved by the State at that time but construction from State-Street to the Boulevard was postppned due to engineering problems. It was felt that the City is now committed to proceed, according to the agreement with the State, and the City Manager was instructed to send a memorandum to the Parks 6 Recreation .Commission bringing them up to date on the matter and ex= plaining that the project is too far advanced for further postponement, LIBRARY COMMISSION. City Manager Nelson reported that the Commission toured the. building on the recently purchased City property and will de- cide at their meeting next Monday night whether they can recommend its use as quarters for the Library. He .stated that Zahler & Son, contractor had made an estimate of $450.00 for remodeling, to ificlude raising the floor level of the porch, putting in .some windows, etc,; $500.00 for painting, inside and out; and $200.00 for installation of'electrical fix- tures. It was pointed out that present Library quarters are rented on a month-to-month basis and may have to be vacated at any time the Catholic Church begins its parochial school development. Cnn. Robinson moved that the Library Commission be informed that the Council feels they should use the, premises if at all possible, and that they be requested to give their answer as soon as possible so the building map ,be .put to constructive use if they decide against .using it, Second.ed by Cmn.:.Baird.. All ayes, mo- tioh carrie.d. POLICE DEPARTMENT. (1) Resolution #223, a resolution of intention to participate in the dis tribution of. certain federal surplus properties, was read. After discus- sion, Cmn. Robinson moved adoption of Resolution #223. Seconded by Cmn. Baird. Four ayes, no nays, Crnn. Helton absent, Resolution adopted. (2) Contract with Escondi.do Humane Society providing for dog control was summarized by Mr. Nelson, providing for .weekly pick-up of stray dogs by the Humane Officer, financed by payment of dog license fees to the County Cmn, Baird moved authorization to execute the contract with Escondido Humane Society, and affixing of proper signatures, Seconded by Cmn.. Led- gerwood. All ayes, motion carried. 'i- x. 8 FIRE DEPARTMENT. - NO report. d 61 -.a. w PUBLIC WORKS DE:PARTMENT. Mr. Nelson reported that sufficient contribu- tions ha'd been received from owners to reduce the City's contribution to less than $10,000.00 for sewer extension on Elm, Elmwood, Basswood and Pine; that the contract with Shafer b Stowers had been signed at' the bid price o:f approximately $22,000.00 and work would commence im- mediately. SEWAGE DISPOSAL .- CARLSBAD HIGHLANDS. Mr. Anthony submitted a brochure describing the :MONO-JECT PNEUMATIC EJECTOR, portable-type sewage dis- posal unit for the Council's consideration as a possible solution to the urgent disposal problem in the Highlands. The unit is described as of a capacit;y to handle up to 30 homes with two baths each and auxil- iary facilities, at a cost estimated by Cmn. Robinson of $500.00 per house, plus front footage cost and connection cost. Cmn. Robinson stated that some of the homeowners contacted feel2 that the unit is too expensive; that a smaller unit could @robably be used at this time, with 13 homes in the area to be served at this time,- but would undoubt- edly prove inadequate later on. He stated this unit has the advantage that when no 1o:nger needed at one location it may be moved en totb- to another, He stmated he had contacted two other firms and should have figures and information from both by the end of this week, After considerable discussion, Cmn. Baird moved that the City Attorney ' be instructed to prepare Resolution #Z24, authorizing engineering for sewage disposal in Carlsbad Highlands. Seconded by Cmn. Ledgerwood. Cmn. Robinson asked permission to abstain from voting since his proper- ty is involved in the subject under discussion. Roll call vote: three ayes, no nays, Gmn. Robinson abstaining, Cmn. Helton absent, Resolution . adopted. After a 15-ninute recess the Council was reconvened at 9:35 P, 14. Cmn. Robinson moved, seconded by Cmn. Ledgerwood, that Mr . Sender, Chairman of the Freeway Sign committee, be informed that it is the Council's wish ,that this committee be disbanded. All ayes, motion car'- ried. Mayor Castorena stated that Mr. Abe Marron will appear at the next Council meeting for a review of the 60-day trial period on weekly trash collectio:n, and that anyone interested should be here at that time with their comments. The Mayor'reminQed the Council that the next meeting df the Council will be held on WEDNESDAY, NOVEMBEK 7TH, due to the €act that Tuesday, the 6th, is Election Day, a National holiday. Mr. Nelson repolrted that Cmn. Helton, Kay Kalicka and he had discussed I the question of minimum.dwelling area requirements, but that a letter to be sent from Mr. Kalickals office had not yet been received. Due to this fact and tlhe absence of Cmn. Helton,+it was decided to defer ac- tion on Ordinance #a007 until the next regular meeting. It was announced .that the League of California Cities' annual confer- . ence will .be held in Los Angeles, October 28th through 31st, and that two hotel rooms had been reserved for City officials and Councilmen wishing to attend. City Manager Nelson urged all who could do so to attend; and the Mayor, City Attorney, and Cmn. Robinson stated they planned to attend. APPRAISAL - ZAHILER PROPERTY. An appraisal of the Zahaer property at Elm and Elmwood,, prepared by Mr. Dewey McClellan, was studied by the Council. Tt was noted that the total appraised value of $14,100.00 is $3900.00 less than the price at which the Zahlers offered the property to the City. Mr. Nelson stated that the Zahlers indicated they would rather not pursue the matter at this time, but agreed that before they make any plans :For development of the property, they will contact the ,City Manager . After discussion, the City Manager was asked to prepare a letter to the. Zahlers thanking them, and a letter to Mr. McClellan expressing the Councilts appreciation of his courtesy in preparing. the appraisal I free of charge. Crnn.. Baird moved that ,the bills to October 16th, amounting to $2,656-61, as certified by the City Treasurer and approved by the Auditing Commit- tee, be approved for payment. Seconded by Cmn. Robinson, All ayes, motion carried. 0 A Cmn. Baird moved ratification of the payroll for the first half of Octo- ber as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Robinson. All ayes, motion carried. The meeting was declared adjourned at 9:S5 P. M. V 7- spectfullyc ubmitted, -d&"-"4d NATALIE VERMILYEA Deputy City Clerk """"-_"_"""""""""""-, MINUTES OF REGULAR MEETING OF CARLSBAL) CITY CCUNCIL November 7s 1956 Meeting called to order at 7:OO P. M. by Mayor C"astorena. Present be- sides the Mayor were Councilmen Ledgerwood, Robinson, Baird, Iielton, City Manager Nelson, City Attorney Smith, Public Works Director Anthony. Cmn.. Robinson moved approval of the minutes of the meeting of October 16th, as submitted. Seconded by Cmn. Ledgerwood. All ayes, motion car- ried. I:.;) WRITTEN CORRESPONDENCE: p.;.d a!a cy.c gesting that any matters or recommendations for legislative action at ec the coming session be prepared early, and offering to meet with City of- PLJ ficials at their early -convenience for discussion of any such pr.oposed (1) Letter from Senator -Fred Kraft, addressed to Mayor Castorena, sug- legislation, (2) Letter from the Chamber of Commerce re: need for additional funds to print brochures. Held over until meeting of November 20th at request of the Chamber. PUBLIC WORKS DEP.ARTMENT. (1.) Trash Collection, The City Manager Eriefly reviewed the proceed- ings changing the Certificate of Convenience and Necessity issued to A. A, Marron to allow once-weekly collection of trash, on a 60-day trial basis, which trial period has just expired. It was noted that a total of eight complaints (1% of the approximately 800 customers) had been registered with the City office and individual Councilmen, substantiall! for the same reasons that infrequent collection creates problems with dogs tipping over' containers, flies and field mice attractdd by food particles left in cans, disagreeable odors and general untidiness due to the accumulation of large quantities of trash between collections. Ws. STKAYHOKN, on Sunnyhill Drive, was present and complained tbat her garbage, placed in paper -sacks in a metal container, was picked up once weekly only, although she is charged for twice-weekly service. It was pointed out that no change was made in garbage pick-up from the twica- weekly service originally provided, Further discussion was postponed .until later in the meeting, so that a scheduled hearing could be held ai 7:30 P. Ff, IXAKING- PUBLIC NUISANCES, END OF BASSWOOD AVENUE AND 3775 IIIGHLAND DRI City Manager Nelson stated that the defendants, Mr. Zimerman and Mrs. Schlagel, had retained legal counsel, who-had requested a continuation of the hearing until the meeting of -November 20th, to give him an oppor tunity to become familiar with the case and perhaps work out an arrange ment for abating the nuisance prior to that date. .The hearing was of- ficially opened by Mayor Castorena at. 7:30 Pi M., who stated he would entertain a motion to adjourn same to the next regular.meeting of the Council. Cmn. Robinson moved that a continuation of the hearing to No- vember 20th at 7:30 P. M. be granted. Seconded by Cmn. Helton. . All ay motion carried. Discussion on the trash collection matter was resumed and Mr. .Marron we asked for an estimate on the increased cost of twice-weekly collection, He stated an of f-hand figure, would be $2.00 per month, or a SO$ increag It was noted that both Oceanside and San Diego employ once-weekly trasp collection with apparently satisfactory results. Cmn. Raird moved that the matter be referred to City Manager Nelson, Public Works Director Anthony, and the City Attorney for study and recc mentiation to the Council. Seconded by Cmn. Ledgerwood. All ayes, moti carried,