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HomeMy WebLinkAbout1957-06-04; City Council; Minutes3 6: Project Statement No. 1-for Gas Tax Funds involving the improvement of Chestnut Avenue between El Camino Real and. Westhaven Drive, was discussed. The City Manager was instructed to consult with Cmn. Helton on the mat- ter and proceed to process the statement. City, Attorney Smith discussed the possibilities of urgency interim zon- ing as related to the possible shopping center. The City Attorney re- mark,ed that the letter of the law would allow the urgency'intcrim zon- ing as contemplated by Kay Kalscka. The meeting was declaced adjourned at 8:30 P. M, v . Deputy City Clerk """"_""""""~""""""~- MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL JLme 4, 1957 - Meeting called to order at 7:OO P. M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Baird, Helton, Ledgerwood; Robinson, (7:07*P. M.), City Manager Nelson, City?Attorney Smith, City Engine& Kubota, Pla,nning Consultant Kay" Kalicka . Cmn. Baird moved approval of minutes of the meeting of May 21st as writ- ten. Seconded by Cmn, Ledgerwood. All ayes, motion carried. Cmn. Baird moved, approval of minutes of the adjourned meeting of May 27th as written. Seconde'd by Cmn. Helton. All ayes, motion carried. PLANNING COMMISSION. .Mr. Nelson read Resolution #16 of the Planning Commission recommending adoption of urgency interim ordinance applying C-2 zoning to the northeast corner of the City of Carlsbad, more parti- cularly described as the area bounded on the north by Vista Way, on the east by El Camino Real, on the west by the Nosp Tract, and on the south by a parallel line approximately 1700 feet south of Vista Way, subject to the following conditions: (1) that within one year the applicant shall apply for a permanent (2) that before there is any development in the area, a precise plan (3) that the applicant secure and file with the City written consent zone change; 1 shall be submitted for approval by the City; of the record owners of the property i,n qukstfon. City Attorney Smith explained a provision of Stat2 law allowing the adop- tion of interim urgency zoning without notice and hearing as an emergency measure, where studies are under way or about to b6 undertaksn to deter- mine the proper ultimate zoning for a particular area, thereby preserving the status quo for a specific use. He mentioned as being now in prog- ress or soon to be undertaken (1) study by the Highway Department re: traffic interchange at Vista Way and E1 Camino Real;' (2) Flood Control studies of Buena Vista Creek; (3) sewe; studies by Brown and Caldw6ll; and (4') Master Street Plan of the City of Carlsbad; all of which will be affected and influenced by the'type of land use applied to the area. Nr. G. V. Eisenhower- of Eisenhower Enterprises was introduced and out- lined plans of his organization to construct a major shopping facility at that location, explaining factors determining selection of the site, such as freeway access from all- nearby communities, favorable climatic conditions, availability of a large enough parcel of land, and a proper trowth pattern. Further discussion was postponed until later in the meeting. 7:20 P 'M, REARING - VACATION OF CHESTKUT AVENUE. Mr. Nelson read Notice of IntGntion to Vacate Chestnut Avenue between Harding and Jefferson Streets, and the alley between Palm and Chestnut Avenues. No one -appear- ed in protest, and there were no written objections. Cmn. Melton moved the adoption of Resolution #265 as read. Seconded by Cmn. Baird. 'Five ayes, no nays, Resolution adopted, nHn .(I) Mayor Castorena announced that "the hour of 7:30 P. M. having ar- rived, this is the time and place fixed by the City Council for hearing objections .Qs pratlssf:s on the proposed work, or the extent of the assessment 4G 3) district, or on the proposed grades under the resolution of intention, Resolution #262, providing for the construction of certain sanitary sewers on Pi0 Pic0 Drive between the intersection of Pi0 Pic0 Drive with the center Pine of Elm Avenue to the intersection of Pi0 Pic0 Drive with the .center line of Oak Avenue; on Oak Avenue from the intersection of Oak Avenue with the center line of Pi0 Pic0 Drive to a point on Oak Avenue, approximately 150 feet Westerly of the intersection sf Oak Avenue with the center line of Highland Drive.') (2) City Clerk Cwald presented the affidavits of publication, mailing and posting . (3) Cmn. Baird moved that the affidavits be approved and filed. Second- ed by Cmn. Helton. All ayes, motion carried. '(4) City Clerk Ewald stated that no written protests were filed. The Mayor officially declared the written protests hearing closed. (5) Mayor Castorena announced that the City Council would now hear any oral protests or objections concerning the work, extent of assessment district or grades. (6) Engineer Crul.1 announced that written and oral protests repressnt- ed 0% of the area to be assessed. (7) Engineer Crull presented mag showing that all properties within the assessment area will be served by the proposed sewer. (8) Resolution #266 was read by the City Attorney, overruling protests. Cmn. Baird moved adoption of Resolution #266. Seconded by Cmn. Helton. Five ayes, no nays, Resolution adopted as follows: "RESOLUTION NO. 266 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS (Assessment District No. 1-1957) ?WHEKIEAS, this City Council by itsntesolution Xo. 262 adopted on the 7th day of May, 1957, declared its inkon to order the construction of cer- tain sanitary sewers and appurtenances and appurtenant work under the Improvement Act of 1911, Division 7 of the.Streets and Highways Code, and in said Resolution fixed the 4th day of June, 1957, at the hour of 7:30 P. M., in the Council Chambers of this City Council, as. the time and place for the hearing before this City Council of pli.stests and ob- jections; and WHEREAS, at the time and place fixed in said Resolution No. 262, a hear- ing was duly held by this City Council for hearing all written protests or objections; that the clerk filed is certified with the City Council that no written protests had been filed; that the clerk gave all persons present an opportunity to be heard in respect of any matter relating to the work .proposed in said Resolution No. 262 or the boundaries of the assessment district described therein, or in any way related to the pro- ceeding proposed by said Resolution No. 262. WHEREAS, all persons desiring to appear and be heard have been heard, and this City Council has taken evidence relating to said proposed work, the boundaries of the proposed assessment district and the benefits to 6he.property to be included in the proposed assessment district, and is fully informed in the premises. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ROES HEREBY FIND, RESOLVE, DETEKldtJE AND OKDEK as follows: Section 1, That protests or Objections have not been made by the owners of one-half of the area of the property to be assessed for said proposed work . Section 2. The City Council finds and determines that no protests or objections.have been made. - Section 3. That no changes are to be made in the boundaries of the pro- posed assessment district or in the work proposed to be done, and the BQ boundaries of the assessment district .are defined and established- as the boundaries described in the resolution of intention, to-wit? Reso- lution No. 262, and the work proposed to be done is likewise defined and established as the work described in said Resolution No. 262, and reference is hereby made to said Resolution No. 262 for a full and com- plete description of said work and of the assessment district and for further particulars. Section 4. That this Resolution shall'be entered upon the minutes of this City Council. PASSED, APPROVED AND ADOPTED on the 4th day of June, 1957, by the fol- lowing vote, to-wit t AYES: Councilmen Baird, Helton, Ledgerwood, Robinson,' Mayor Castorena. NOES: None . ABSENT: None . /sgd/ M. CASTORENA, Mayor of ATTEST : the City of Carlsbad /sgdk M. 0. EWALD, City Clerk Carlsbad, California It I Resolution #267 ordering work to be done under direction and supervision of the Engineer of Work was read. Cmn. Robinson moved adoption of Reso- lution #267. Seconded by Cmn. Helton. oFive ayes, no nays, Resolution adopted . Resolution #268 fixing general prevailing wage rate and rate of overtime was read. Cmn. Ledgerwood moved adoption of Resolution #268. Seconded by;Cmn. Helton. Five ayes, no nays, Resolution adopted. Rksolution #269 ordering construction of certain sewer work and invit- ing sealed bids to be opened on July 2, 1957, at 7:gO.P. M., was read. Crnn. Robinson moved adoption of Resolution. #269.. .Seconded by Cmn. Led- gerwood. Five ayes, no naysj Resolution adopted. , Discussion on the proposed interim zoning was resumed. Planning Chair- man Paul Swirsky briefly outlined the action by the Planning Commission, Nr. Eisenhower presented signed consents from the present record owners of the property, and same were read by Mr. Nelson. Also read was a let- ter from theaamber of 'Commerce supporting the rocoqvnendation of the Planning Commission, advising that the Merchants' Committee had not yet submitted their report. ~ Cnn. Baird moved that proposed Ordinance #go71 be adopted as recornmen($- ed by the Planning Commission. Seconded by Cmn. Robinson. Five ayes, no nays, Ordinancg #go71 adopted as an emergency ordinance, effective immediately. .. Mr. Nelson presented Harry Silke, Jr., Co-Ordinator of Iridustrial Plan= ning for the City of San Diego. Mr. Silks presented and summarized tho Industrial Development Commission's progress report for 1956, and stated that the San Diego County population increases by one each 12 minutes by birth and ingress, or approximately 50,000 per year. He drew a compari- son indicating this County is approximately 32 years behind Los Angeles County, industrially speaking, since the percentage of population en- gaged in industry in Los Angelesa County in 1925 was 8%, which is the proportion of population 'of San Diego County now engaged in industry. He stated the Commission is presently engaged in taking a precise in- ventory of industrial lands in the County. Mr. Silke was thanked by the Mayor for his informative talk. - I After a 15-minute recess, the Council was reconvened at 8:25 P. M. SPEED LIMIT - CARLSBAD BOULEVARD. Mr.. Ne!fson read the recommendation of the Police Chief and Traffic Engineer that the 25 MPH be eliminated and the speed limit be fixed at 35 MPHt.for the entire length of the Boulevard except for a 45 MPH zone along the lagoon. Cmn. Robinson moved that the City Attorney be instructed to prepare an amendment to Ordinance 63005 to accomplish the recomerxiation of the Police Chief and Traffic Engineer. Seconded by Cmn. Helton. All ayes, motion carried. POLICE DEPARTMENT. Monthly report for May, 1957, was circulatFd and filed . FIRE DEPARTMENT. Monthly report for May, 1957, was circulated-and filed. I PARK 6 RECREATION COMMTSSION. Mayor Castorena submitted the name of 1 4 3 4 *' 2 I I' 2.9: Nacho Herrera for appointment to the 'Park @ Recreation Commission to fill the unexpired term of Mrs, Felt, terminating August 10, 1959. Cmn. Robinson moved approval of the appointment of Nacho Herrera to the Park & Recreation Commission for a term expiring August 10, 1959. Seconded by Cmn, Helton. All ayes, motion carried, Title and number of proposed Ordinance #9072, amending Ordinance #9060, was read, reclassifying from R-1 (15,000) to R-1 (7,500) Blocks G and H, Bella Vista Tract, and a portion of Lot I, Rancho Agua Hedionda, Cmn. Baird moved that this constitute first reading of proposed Ordinance #9072. Seconded by Cmn. Helton, All ayes, motion carried. Tit1 w.a s buil e anti number of proposed Ordinance #9073, amending Ordinance #9060, read, covering (1) limitation of signs, (2) limiting issuance of .ding permits, and (3) clarification of declaration of lot width, Cmn. Baird moved that reading of title and number constitute first read- ing of proposed Ordinance #9073., Seconded by Cmn. Helton, All ayes, motion carried. .. Title and number of proposed Ordinance #3026, amehding Ordgnance 63005, requiring traffic on ValRey to stop at Magnolia, was read. Cmn. Robin- son moved that reading of title and number of proposed Ordinance a3026 constitute" first reading. Seconded by Cmn. Ledgerwood. All ayes, mo- tion carried . URBAN RENEWAL. City Manhger Nelson read a letter from the Urban Renew- al Committee asking expansion of^ the committee to include representa-. tives from a cross-section of the community, Mr. Christianssn, member of the Committee, urged that a steering committee of about 15 members from all phases of community life be appointed, commenting that stimulat- ing and building up civic pride wili result in improvements which will bring up tax revenues and lower police and fire'protection costs. By common consent the'committee was authorized to recruit members to that number . Mayor Castorena commented that Urban Renewal is" one of the sub- jects suggested for discussion at the annual conference of mayors, .* TERRAMAR WATER COL Cmn. Baird reported that the committee met with Mr. Ecke and Mr. Cannon re: proposed purchase of. Terramar Water Company but that the matter is so involved that it will require further study before .any recommendation can be brought out, He asked that the City Manager be instructed to get an expression.from the San Diego Gas & Electric Com- pany as to the accuracy of a statement from Mr. Cannon that the Company would welcane the purchase of the system by the City and favor a general obligation bond method of financing. By common consent the City Manager was so instructed, MUTUaL WATER CO. Cmn, Baird stated he had talked to the so-called op- ponents of the'offer of purchase by the City and believes a meeting of the minds is closer than appears on the surface, in spite of the fact that a discrepancy exists as to the amount of land to come in under an inclusion fee, their figure being 1000 acres while the City speaks of ' approximately 100.. He stated the opponents urge that the City obtain a lease from the Carlsbad Water District of the line from the point where the City takes delivery (Point .Wtt) to the City. Mr. Ewald stated he would like a request from the City along that line so the Board could take it'up at its meeting. It was pointed out in the absence of such a lease the City might be faced with buying out numerous small water dis- tricts. Mr. Fwald pointed out on the map the Point ltDrr "indicated (Car- rillols Corner), He stated requests had been received from Palomar Air- port and Mr, Cannon for connections. After discussion, Cmn, 'Robinson moved that the City Manager be authorized to direct a communication to the Carlsbad Municipal Water District as to the possibility of leasing the pipe line from Point rcD't into the City. Seconded by Cmn, Ledgerwood. All ayes, motion carried. Mr. Ewald sug- gested that representation from the City attend the ClIwa Board of Di- rectors meeting Wednesday evening, June Sth, Cmn. Baird was asked to attend. Cmn, Baird urged that every effort be made to'resolve the Mu- tual purchase amicably. In further discussion, the City Attorney reit- erated that any change in amount of inclusion fee may result in withdraw ai of some consentq, but stated that the City could protect against poss ible fraud by sending out a letter advising shareholders of their right ' withdraw their consents if they so desire, Cmn. Baird suggested the My tual Board be asked to make an offw to the City outlining the condition under which they would sell, stating. a specifia inclusion fee. The com- mittee was asked to pursue the matter aggressively in an' effort to reach an amicable agreement, and to meet with the,lutual Board at its regular 3 June meeting and bring back a report to the Council, A PROPOSED 1957-58 BUDGET, Copies of the proposed budget were in the hands of all Councilmen, and the City Manager made a short explanation, suggesting that the Capital Outlay item be deferred until recommenda- tions could be received from the Planning Commission, Hk enumerated the eight new employees contemplated by the budget as Deputy City Clerk, draftsman, secretary for Police Department, full-time building inspector, three 1aborer.s for the Public Works Department, and thk Di- . rector of Finalnce already hired. He commented that the new Director of Finance is 36 :ysars old, married, has two children, and will report on June 24th at"a starting salary of $532.' Mr. Nelson stated that bBsed on best calculations, the total budget of approximately $201,000 will not necessitate an increase in the BO$ tax rate, although the 74 li- brary tax formerly collected by the County will be added. There was no discussion of the budget, members agreeing that it will be taken up at the June 18th meeting. CLAIM - VAN AMBURGH. The City Attorney summarized an itgmized claim in the amount of $387.64 filed against the City by Fred W. .Van Amburgh, arising out of issuance of a traffic citation, recommending that the claim be denied. Cmn. Baird moved that the claim submitted by Fred W. Amburgh in the amount of $387.64 be denied. Seconded by Cmn. Helton. All ayes, mot ion' carried . Cmn. Baird moved authorization of payment of bills from May 21st to June 4th in the! amount of $6,644.15, as certified by the City Manager and approved by the Auditing Committee. Seconded by Cmn. Helton. All ayes, motion calrried. ' Cmn. Baird moved ratification of the payroll for the second half of Mag in the amount alf $6,807.98, as certified by the Director of Finance and approvkd by the Auditing Committee. Seconded by Cmn. Helton. All ayes, motion carried. The meeting was; declared adjourned at 9250 PO M, V "&* Respect lly submitted, NATALIE VERMIL ,A Deputy City Clerk _-"_""-""-_""-~""~"~-~"~~ - MINUTES OF REGULAR MEETIMG OF CARLSBAD CITY COUNCIL June 18, 1957 Meeting called to order at 7205 P. M. by Mayor Castorana, Present be- sides the Mayor were Councilmen Robinson, Helton, Ledgerwood; City Man- ager Nelson, City Attorney Smith, City Engineer Kubota. Absent, Council- man Baird. HEARING - R3CLASSIFICATION - MARTINEZ. Mr. Nelson read Notice of Public Hearing to consider changing zone from R-l to R-2 of Blocks 43 and 44, Carlsbad, Townsite, 'bounded on the north by Chestnut Avenue, on the south by Palm, on the west by Roosevelt, and on the east by Jefferson. Reso- lution #l5 of the Planning Commission was read, recommending granting of the application. There were no written or oral protests. After discus- sion, Cmn. rielton moved that the recommendation of the Planning Commis- sion be accepted, and the City Attorney instructed to phpare an amnd- ment to the zoning ordinance accomplishing the reclassification. Second- ed by Cmn. Ledgerwood. All ayes, motion carried. MASTER STREET PLAN - HEARING. Mr. Nelson read Notice. of Public Hearing to consider adoption of the Master Street Plan. Resolution #12 of the Planning Commission was read, recommending adoption of the Plan, Mem- bers of the audience were invited to voice their comments, after identi- fying themselves. 9AVID DUNNG, 301.6 Highland Drive, ebjected to thA alignment of Elm Ave- nue as proposed, for two reasons (1) it will bisect his home and three others, and (2) from an engineering standpoint it would be uneconomical and present difficulties on account of the rough terrain traversed by the eastern section. H& suggested a review of that section with the idea of tying in more cl.osely with the proposed new shopping facility, and to malZe certain the plan as adopted will be the best' for the entire City.