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HomeMy WebLinkAbout1957-12-03; City Council; Minutes~ ;5 Q Patterson Report and make preparations for the presentation of this report'to the State Harbor Commission at a meeting to be held in San Diego on December loth, and that the following two requests be authorized by the Council: 1. $200,00 be authorized for engineering assistance by Mr. Clayton of Boyle Engineering; 2; Expenditure for fifty additional 'copies of the Patterson Report be authorized, C. C. ltLEFTY't WALTERS, Chairman of the Harbor Commission was present,?.ancl informed the Council that the Commission would like to present this plan to the State Harbor Commission on December loth, and a pre-meeting would be held on Tuesday, . November 26th, in Carlsbad with members of the Newport Beach Commission. Cmn, Helton moved,that both the requests of the Harbor Com- mission be authorized. Seconded by Cmn, Robinson, All ayes, motion carried , (3) Water *Bond Election, A copy .of the arguments for the Water Bond Electian was presented to the Council for their re- view and approval, - (4) Mr. Ewald, secretary of the Carlsbad Municipal Water Dis- trict, informed the Council the election returns from the election held that day to form Improvement District #12 were 11 (Yes) and 0 (Noes), 8- PAYMENT OF BILLS 0 RATIFICATION OF PAYROLL: , Cmn. Robinsan moved authorization of payment of bills from November 5th through November 19th, 1957, in the amount of $3,426.22, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Helton. All ayes, motion carried. - Cmn,. Ro'binson moved ratifica.tion of the payroll for the first half of November, 1957, in the amount of $6,986.14, as certi- fied by the Direct-or of Finance and approved by the Auditing Committee. Seconded by Cmn. Helton, All ayes, motion carried. 9- By proper. motion the meeting was adjourned at 9.:15 P. M. .Re pectfully submitted, MAR ARET E. ADAM %fzzg YR- A Deputy City Clerk """"""""""________I_______ IaNUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL December 3, 1957 1- The meeting was called to. order. at 7:05 P, If. by Mayor Cas- torena, Present besides the Mayor were Council.men Ledgerwood, Robinson and Helton; City Manager Nelson, City Attorney Smith, and City Engineer Kubota. Absent, Councilman Baird, 2- It was moved by Cmn. Ledgerwood and seconded by Cmn. Robinson that the? minutes of November 19, 1957, be approved as submitted. All ayes, motion carried, 3- WRITTEN CORRESPONDENCE: There was no written correspoedence. 4- ORAL COMBIUNICATIONS: There were no oral communications. 5- DEPARTMENT AND COMMISSION REPORTS: a) Planning: 1) Amointment of Planninp Commissioner. The Mayor stated I ,:r\ - '4 4, i3 .f -6 \ -*. up I, I 'E &. that. several names had been suggested to fill the vacancy creat- ed by Mr. Yourell's resignation from the Planning Commission, and he asked that the matter be referred to the next regular meeting. 2) Reconsideration of Precise Plan for Pi0 Pico. The City Man- ager informed the Council that a resolution had been adopted wherein a precise plan had been adopted for Pi0 Pico Drive, and there was a misunderstanding among the property,owners involved as to who would pay for the required improvements in the precis e plan, as it was not the property owhers' understanding that they would have to pay 'for the costs of the improvements. He further stated that he had discussed the problem with the Planning Com- missioners at their last meeting, and the mutual feeling of the Commissioners was that their understanding was that the property owners would pay for these improvements. It was pointed out that according to the Subdivision Ordinance that whenever a lot split is granted within the area of the precise plan, improve- ments must be paid for by the property owner; also, in accord- ance with our zoning ordinance, whenever property is reclassi- fied, the use of the property would have to be restricted to the uses first permitted in the new zone. Mr. Nelson suggested that perhaps this plan should be held in abeyance until such time as this misunderstanding could be clarified. The different types of precise plans were explained to the Council. It was suggest- ed that perhaps the solution would be to have the Planning Com- mission recommend a precise plan ordinance setting forth certain provisions that would be required for precise plans. MRS. VAUGHN, 3365 Eureka Place, stated that in most cities when an area has been reclassified that the omer can still build ac- cording to the original classification. The City Attorney in- formed Mrs. Vaughn it is true when a precise plan is not involv- ed, Mrs. Vaughn asked if the alleys had to be a part of the precise plan., Mr. Smith stated that in the instant case they would be required because of Pi0 Pic0 Drive being a main thor- oughf are. MRS. SAWYERS, 1039 Chestnut Avenue, asked if a precise Plan was necessary. The City Attorney informed Mrs. Sawyers that in some cases a precise plan is necessary; in the instant case it was necessary because of Pi0 Pic0 Drive being a main artery. MRS. BONDY. 11-50 Pine Avenue, asked if the precise plan went in- to effect would she be permitted to sell her house as a single residence. She wa,s informed that she could as long as she did not split her lot, MRS. SAWYERS, 10.19 Chestnut Avenue, asked if the proposed alley went through her house, would she be permitted to -move her house and make the necessary repairs. She was informed that she could not, but the alley would not be. built without her consent. MRS. VAUGHN. 3.165 Eureka Place,? asked if she desired "to sell off part of her property would she be required to put in the improve- ments. She was informed that if she sold the entire parcel she would not be required to put in the required improvements, but ,. if she wished to split the property she would be required to put in the necessary improvements. .. After considerable discussion, it was mutually agreed that the precise plan should be held in abeyance, and the property owners should be more thoroughly informed of the requirements under a precise plan. Resolution No. 320 was presented to the Council for their review. Cmn. Robinson moved that Resolution No. 320 be adopted, abating and suspending the operation and effect of Resolution No, 310 (Adoption of Precise Plan for Pi0 Pic0 Drive) until the 4th day of March, 1958. Seconded by Cmn. Ledgerwood. Four ayes, Cmn. Baird absent, The City, Attorney pointed out that an emergency ordinance should be adopted suspending the operation and effect of Ordinance No. 9079, which ordinance amended Ordinance No. 9060, changing all right-of-way Eine of Chinquapin Avenue extending northerly to the southerly right-of-way line of Elm Avenue from Zone R-1 to , that property fronting on Pi0 Pic0 Drive from the northerly a. 1; 5 Zone R-3, The City Attorney was instructed to have an ordin- ance prepared for the next meeting. 3) HEARING - Precise Plan for Snruce Street - Resolution No, 318. Notice of hearing was read, There were-no written =cations. The Council was informed that Mr, Geissinger had purc.Hased property to build a home, but in order for him to have access to his property, Spruce Street would have to be extended, He had offered to dedicate his portion of the street and improve it, and requested that a precise plan be developed of the area, Mt. GEISSINGER stated that he had been informed he would have to dedicate a portion of his property for street purposes and improve it, which he was willing to do, and had requested that a plrecise plan be drawn up for that area, He further stated that they did not wish to harm any other property own- er in thke area. - MRS. BOYD, 1338 Forest, stated they protested the widening of Spruce Street because it would inconvenience them as far as &cess to their ppoperty is concerned, MR. VAN BUSKIRK stated he owned the property south of Mr. Geissinger . He presented a drawing of the property adjoining Elre Geissinger's property. Mr. Van Buskirk further stated that in. the near future he wished to split his property in four parcels, and if he would be granted a lot split, he would be interested in dedicating a portion of his property for street FIUrPOses~ MRS. VAN BUSKIRK, stated she and her husband were vitally in- terestedl in this precise plan as they were desirous of build- ing on their property. The City Engineer presented a drawing of the. proposed grade for Spruce Street, and pointed out that from the curb line to Mrs. Boyd's garage there would only be a 1' difference in grade . MRS. BOYD asked if this precise plan was adopted if she would have to zedicate her portion for street purposes at this time, She was informed by the Council that she would not, After considerable discussion, it was felt by the Council mem- bers that the Boydts property would not be damaged in any way, Can, Robinson moved that Resolution No. 318, adopting a Precise Plan for Spruce Street between Forest Avenue and Yourell Avenue be adopted. Seconded by Cmn. Helton. Four ayes, Cm, Baird absent , (4) HESING - To consider zone c-hanm from Zone R-1 to Zoag wofdlreavoffingnue School, Notice of hearing was read. There was no written correspondence, The Mayor asked for comments from the audience. MR, ROBERT BLOXTON, 3594 Roosevelt Street, stated he- was not in favor of this rezoning because it would be detrimental to the residential property and he would rather have it left as R-1. He further stated that there' was considerable vacant property surrounding him 'and he did not wish to have duplexes, etc., sur- rounding him when this property is developed. During the discussion it was pointed out that because of this property being contiguous to -a school, that am R-1 zone does not ^build up well. After considerable discussion it was mutually I agreed by the Council that this reclassification be approved as recommended by the Planning Commission, EXCEPT that the westerly boundary of the zone should be an extension of the alley between Madison ;and Jefferson Streets from Palm Avenue to Plagnolia Avenue. All property to the west of this line would remain in Zone R-1. It was moved by Cmn, Robinson and seconded by Cmn, Ledgerwood that the matter be referred back to the Planning Commission for their recondichration as to the reduction of the boundary for the area recommended for rezoning, All ayes, motion carried, Mr. Bloxfton was informed that the matter would be brought up at the regular meeting of the Planning Commission held on December 10th. Tlhe hearing was closed at 8:30 P, M. I .. 0. 4 3. T t 3 .. I I .E (f; b) Engineering, 1)- HEARING - Fine Avenue Sewer. 1911 Act, The Mayor announced the hour of 7:30 P, M, had arrived and this was the-time and place fixed by this City Council for hearing objections or pro- tests on the proposed work, or the extent of the assessment dis- trict, or on the proposed grades. under the .resolution of inten- tion, Resolution No, 299, providing for the construction of certain sanitary sewers on Pine Avenue from its intersection of Basswood Avenue to the intersection with Highland Drive. The Clerk presented the affidavits of publication, mailing and post- ing. Cmn, Ledgerwood moved that the affidavits be approved and filed. Seconded by Cmn, Helton. All ayes, motion carried, The Mayor asked the Clerk to read all written protests which had been filed. The Clerk certified that there were no written pro- tests filed. The Mayor announced that the Council would hear all oral protests, There were no oral protests, The Mayor asked the Engineer of Work to please advise the City Council what per cent of the total area.to be assessed for the improve- ment is represented by written protests or objections filed with the City Clerk. The Engineer of Work reported written protests and objections had been filed with the City Clerk by the owners of 0% of the total area to be assessed for the improvement . The Engineer of Work presented a map of all of the lands included in the district which were to be benefited, Reso&ution.No. 319, making findings and overruling protests and objections for as- sessment District No, 3-1957 was presented to the Council for their review, Cmn. Robinson moved that Resolution No, 319 be adopted, Seconded by Cmn, Ledgerwood,- Four ayes, Cmn. Baird absent, Resolution No, 319 adopted. 4) Amendment to encroachment and excavation ordinance. The Council was informed that our encroachment ordinance No. 700s c) 2) Sunnvhill Drive Sewer - 1911 Act, The Mayor announced that the hearing on the increased cost over the Engineer's estimate would be held on December 9, 1957, at 7:30 P, M. 3) SewaFe Treatment Plant odors - report, The City Engineer ' informed the Council that the pump that had been installed was insufficient in capacity to take care of the load, and that a second pump would. be installed within the next 10 days. He further stated that a monitoring program had been set up for the month. had been adopted by reference from the County Ordinance, and they now have an amendment to their 'ordinance. An amendment to our ordinance No. 7005 was prepared by the City Attorney and presented to the Council, which referenced the County amendment. Cmn, Ledgerwood moved that this constitute the first reading of Ordinance No. 7006, amending Ordinance No, 7005,- relating to lineal relocation of existing permitted telephone and electric poles, ' Seconded by Cmn. Helton. All ayes, motion carried, Public Works, 1) an- franchise .- Dossibilitv of renewal., The City Manager informed the Council that Mr. Marron is considering giving up his franchise for trash and garbage collection because of increased costs of labor, etc., and he would like to bid on the franchise when the matter comes up, but at a higher rate, Mr. Nelson asked that the Council consider the matter as to any changes they might like to make in regard to this franchise,- .- d) Harbor. I 1) Iauest for. race date. December 15-, 1957. A request was made by thecarlsbad Boat @ Ski Cl&b to have their racing date changed from.. Dedenrbcr 1, 1957 to De- cember 15, 1957. It was suggested that our ordinance be changed so that these requests go to the Harbor Commission first, and the Commission make their recommendations to the Council before a permit is granted, Cmn, Robinson moved that the Carlsbad Boat @ Ski Club be granted the use of the harbor on the 15th of Da- cember, 1957, subject to the same conditions as set up for their meet on December 1, 1957, previously granted. Seconded by Cmn, Helton. All ayes, motion carried, I 9 (2) wtinn of Small Craft Harbor Commission. Monday,, The Council was informed that a meeting would be held by the State Small Craft Harbor Commission on Monday at 1O:OO A. Mi to 5:OO' P. M. in San Diego, .The Harbor Coimnission had prepared a state- ment set;ting forth certain facts relating to the Agua Hedionda Lagoon which they wished to present to the State Harbor Cownis- sion with the approval of the City Council, This statement was read to the Council, A memorandum addressed to the City Council from the Harbor Com- mission was read wherein they recommended to the City Council that the proposals as outlined by Mr. Patterson be approved, with . the exception of the recommendation on the type of. administration in carrying out the project. They recommended that the type of administration be held open for further study. since at this time it cannot be determined whether it will be necessary to form an- other jurisdiction. Cmn, Helton moved-that the Council accept the recommendations of the Harbor Commission as to the Patterson Report. Seconded by Cmn. Ledgerwood. All ayes, motion carried. Xk. EwalLd, Secretary of the Harbor Commission, stated with the approvalt of the Council, the Harbor Commission would like to pre- sent the? statement relating to the Agua Hedionda Lagoon to the State Small Craft Harbors Commission meeting on Monday, December 9th, and requested the Council's assistance in getting the proper persons together for this meeting. Cmn. Robinson moved that this statement be presented to the State? Small Harbors Commission at the meeting to be held in San Diego on December 9, 1957. Second- ed by Crnn, Helton.. All ayes, motion carried. Yz. EwalLd further stated there was indication that the Commission may be handing out yarious monies or grants at this meeting, and the Harbor Commission had discussed at their meeting some ap- proach if there were any grants or monies being handed out. Mr. Ewald informed the Council Blr. Les Clayton was present and per- haps could make some suggestions. MR. CLAYTON stated there was indication of some monies or funds being granted at this meeting fok! *he study of Harbors up and down the-coast; as the City already has a report on the harbor he felt the next step would be to request funds for an engineer- ing study of the design of the harbor entrance. - There was a mutual feeling of the Council that they did not want to becorne involved in any loan at this time. Mt. CLA!ITON further stated that actually what he had in mind was that there are several other requests that were going to be made, and that; Carlsbad should make itself known by making a specific request,, After considerable discussion, Cw. Robinson moved that Mr(, Ewald be given authority to make a presentat,ion of the - plan and request financial assistance if it appeared the proper thing to do. Seconded by Cmn. Helton. All ayes, motion carried. 6- MONTHLY REPORTS: The monthly reports from the Police Department and Fire Depart- ment were circulated among the members of the Council and ordered filed . 7- OLD BUS:CNESS: (a) Nsiness License Ordinance Study.. The City Manager in- formed the Council that two meetings had been held with members of the Chamber of Commerce, Merchants' Committee,. and local contractors who are continuing to study the problem. (b) action for acauisition of Mutual Water Co. Mr. Nelson reported that Cmn. Robinson had discussed the problem of the water campaign with the Junior Chamber of Commerce and they had consented to take on the job. They intended to have a meeting on Friday of that week to discuss the matter and map out their campaign . 8- 'I,: NEW BUSINESS: a) The Council was informed that a meeting of the Industrial Co-Or- dinating Council would be held on Friday, December 13, 1957, in . 'b) c) dl 3.3 y4 J c; 4 :$I +?' 9- c> 10- I-" 1- 2- I 3 El Cajon. The Mayor appointed Cmn, Helton to attend this meet- ing along with Mr. Ewald and Mr. IflcClellan. Urgency Ordinance No . 3031 re 2 Scl10ol--S"a~f~t~-,~~~~r~~. It was explained to the Council that in order for the School Safety Patrol to control traffic and school crossings, an urgency or- dinance amending our traffic ordinance No. 3005 was necessary. Proposed Ordinance No, 3031 was presented to the Council for their review. Cmn, Robinson moved that Ordinance No. 3031 be adopted, amending Ordinance No. 3005 by, adding thereto provi- sions'allowing the Chief of Police to appoint special persons to control traffic and school crossings; and requiring vehicles to stop upon sigpal. Seconded by Cmn. Helton. 4 ayes, Cmn. Baird absent . Traffic Committee: The Traffic Committee recommended that four roll-out signs be acquired and placed at the Tamarack and Jefferson Street School crossing. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that the matter be referred to the Staff and if the item could be accomplished that the recon- mendation be taken care of. The City Manager asked the members of the Council if they wish- ed to .send Christmas Cards to the various cities in San Diego County. It was mutually agreed that cards should be sent to the various cities in the County. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Cmn. Robinson moved. authorization of' payment of bills from No- vember 19th to December 3rd, 1957, in the amount of $2,660.17, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Helton. All ayes, motion carried, Cmn. Robinspn moved ratification of the payroll for the second half of November, 1957, in the amount of $8,658.54, as certi- fied by the Director of Finance and approved by the Auditing Committee.. Seconded by Cmn, Ledgerwood,. All .ayes, motion car- ried, It was moved by Cmn. Helton and seconded by Cmn. Robinson that the meeting be adjourned to December 9, 1957, The meeting was declared adjourned at 1O:SO P. M, Res ectfully su mitted, MARG RET E. AaAMs 78T e.dF/& 2 A Deputy City Clerk """"""""""____________I MINUTES OF ADJOURNED MEETING OF CARLSBAD - CITY COUNCIL December 9, 1957 " Neeting was called to order at 7:30 P:. M, by Mayor Castorena. Present besides the Mayor were Councilmen Ledgerwood, Robinson, and Helton; City Manager Nelson, City Attorney Smith, and City Engineer Kubota. Absent , Councilman Baird . HEARING - Increased Cost of Sunnshill Drive Sewer, 1911 Act. The Mayor announced that this was the time and place fixed by this City Council for hearing objections or protests on the increased cost over Engineer's estimate of the work or im- provement proposed -to be don& on Sunnyhill Drive, commencing at the intersection of Alder Avenue and ending at the intersection of Birch Avenue, The Clerk presented an affidavit of mailing notices. It was moved by Cra. Helton and seconded by Cmn. Led- gerwood that the Affidavit be accepted and approved. Seconded by Cmn. Helton. 3 ayes, Cmn. Robinson abstaining, Cmn. Baird absent. The Mayor asked the Clerk to read all written protests filed. The Clerk certified there were no written protests filed. The Mayor announced the City Council would hear any oral protests or objections concerning increased cost over En- gineer's estimate. There were no oral protests. Resolution