HomeMy WebLinkAbout1960-06-21; City Council; Minutesb SI * I I I I 1 I I I 1 I 4
i CITY OF CARLSBAD' : Mirlutes of: City Council ! Date of heeting: June 21, 1960 i Time of Meeting: 7: 00 P. M. : Race of Meeting: Council Chambers I I "."~""""""""""--""""""""""""""""""""""""~~~ B 1 aCLL CALL was answered by Councilmen Bierce, ! Sonneman and La Roche. Also present were City i Manager Slater and City Attorney Hayes,
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I a. The minutes of the regular meeting of June 8, I Bierce ;xi i 4 :
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I INVOCATION was offered by Councilman Bierce. I
I APPaOVAL OF MINUTES:
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i 1960, were approved as submitted, : Sonneman i : ; q i I La Roche : i xi d ;
: Councilman Guevara was present at 7: 0 3 P. M.
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1 I I i CORRESPONDENCE: . .
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I I I a. Letter of commendation - Alex W olunchuk. 1 I i A letter of commendation from. Mayor Sonneman dated i i June 20, 1960, €or completion of a Fire Science Course ; ; at Palornar College, was read and presented to Alex I i Wolunchuk by Mayor Sonneman. I
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I I I b. Carlsbad by the Sea - Re: Change of bus stop I i location: Letter dated May 26, 1960 from the Manager I i mCarlsbad by the Sea was presented, requesting i : that the present discharge stop of the Oceanside transport i tation system be moved from the northwest corner of the I
i intersection of Carlsbad Blvd. and Cedar St. to the south; i west corner of the same intersection. The City Manager : : informed the Council this item has been checked out by i i himself and the Chief of Police and the Chief of Police I : has no objection. It is recommended by the staff that ; I since 90t% of the passengers are from the Carlsbad by : Guevara ! the Sea, this request be granted. By motion of the i Bierce : Council the request was granted for the relocation of the i Sonneman i bus stop. : La Roche
I C. W. D. Garrett - re: Abatement of nuisance. I i Letter date une , i the City of Carlsbad to take action to abate an existing ! : nuisance, to wit: the unnecessarily loud bugle blowing I I at the Carlsbad Army and Navy Academy. The main I I : objection is the excessive amplification and public addresk i system which was installed by the Academy last Decembek. : Mr. Garrett further stated this bugle blowing was not i i previously objectionable. The Council was informed this : : complaint had been made to the Chief of Police prior to i i this letter, and Mr. Garrett was informed that -due to the : ; fact the City has no ordinance to prohibit such noise, he i I would have to file a complaint. The City Attorney stated : : that since the City has no such ordinance a complaint i i would have to be filed with the District Attorney as this i i would come under the State Law. Cmn. La Roche stated ; : he did not feel this was a matter to be ignored, and re- i i quested a letter sent to Col, Atkinson, asking that some- ; : thing be worked out on this matter.
i County Traffic Safety Council, stating their efforts to ; ; continue the campaign for greater safety on the streets i i and highways. They further stated they needed financial : : assistance to continue their campaign, and requested the i : City Council to consider an allocation of $200.00 for this : i program. The City Manager advised the Council that in : : the past the City has contributed $50.00 and recommended Guevara i this amount be allocated this year. By motion of the : Bierce : Council it was agreed that $50.00 be allocated to the San : Sonneman i Diego County Traffic Safety Council. i La Roche
i in downtown area. Letter received June 8, 1960 from I
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J I I I I I d. Letter dated May 9, 1960 from the San Diego i
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a I t I I I e. Cove Youth Band - re: Permission to march band
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i Lloyd F. Bader, Director of the Cove Youth Band, requesi- i ing permission to march the Youth Band each week down ; i State St. from Oak Ave. to Grand Ave. at the end of the :
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i weekly marching practice. Mr. Bader pointed out this I i weekly event was much enjoyed by the townspeople and of : : great psychological importance to the youngsters. Attach: : ed to the letter was a list of signatures of persons and ; I businesses in the downtown area aproving this event. The: I City Manager advised the Council this matter had been : : referred to the Chief of Police for his recommendation, i i due to the fact this requires police patrol, and he has : : recommended that the marching be done between the hour4 : of 1: 00 P. M. and 3: 30 P. M. After considerable discus- i i sion by the Council, by common consent it was agreed tha$ ! Mr. Bader be notified of the hours recommended by the I
; Chief of Police. I I I I I I I I f. City of Oceanside - re: Proposed annexation of i i North Carlsbad. Letter dated' June 17- i ! City Manager of Oceanside advising: the Council that an I i informal petition had been receive; from the property i i owners in the North Carlsbad area to annex the entire 1 : unincorporated North Carlsbad area to the City of Ocean- i I side, and that the Boundary Commission has approved ; ; the boundaries of this area; if the area is annexed to the i i City of Oceanside, the City of Oceanside would provide I : water to those living within the annexed area, which, at i i the present time is being served by the City of Carlsbad. I : They requested that the two cities commence discussions I i relative to the City of Oceanside taking over the City of : ; Carlsbad's water distribution lines in the North Carlsbad i i area. The City Manager suggested that a committee be : i appointed to meet at some future date with members of th4
1 City of Ocean ide to di cuss this matter.. e Ma or i recommendeJthat the by mgmeer, Cltyxfiorne$ and i : the City Manager prepare a report for the Council's I I review. Also it was requested that a letter be sent to the ; : City of Oceanside notifying them of the Council's action. I
! ORAL COMMUNICATIONS:
: There were no oral communications. I I
: PUBLIC HEAaINGS:
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I I 8 I I I 1 I I I I I I I ' ,a. .kgp,e,a\ of.-the decision of the Planning Commis- i I .sion for reclassification of property located on the east- : ; erly side of the A. T. & S. F. Railroad track between i ! Chestnut Ave. and Tamarack Ave. - I). R. Dinius. I I
i Affidavit of Publication was presented for the Council's i : review. I
; The Clerk reviewed the application submitted by D. R. i ! Dinius, requesting that certain parcels owned by him ; : be rezoned from Zone R-1 to Zone M. I
i Res. #162 of the Planning Commission was read, where* i they denied the reclassification. I I
i A map of the area in question was presented showing the : 1 area requested to be reclassified. The map also showed i ; a proposed street from Tamarack Ave. to Chestnut Ave. i
i A copy of escrow instructions addressed to Paul S. §wir@y i from D. R. Dinius dated February 16, 1960 was read, : : wherein the escrow holder was instructed to deliver cer-i i tain petitions signed by owners of more than sixty per- : : cent of the land involved, requesting the City of Carlsbadi i to proceed to establish a new street from Tamarack Ave.: ; to Chestnut Ave. along the course set forth on the attach: i ed plan, to the City Clerk of the City of Carlsbad at such-:
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! time as the escrow holder was advised that an ordinance b i i reclassifying said property to "M" zone had become effecy i tive.
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i Letter dated April 26, 1960 from the Carlsbad Union ,: 1
: M-1 zone. If this were accomplished they would^ have no : 1,
a. i School District stating that they concurred that a si~,qet' ' : i should b e established conne.cting Tamarack and ..Chestnut i ; avenues in this area, but that! there should' be ,&:Viztffer . ; i zone of R-3 dwellings between the schoo1,gPoukdi md the :
! : objection to the M-1 zone. -. i' , ;
I I I i Six idential petitions, dated May 12, 1960, protesting the i I : reclassification, bearing some 106 signatures were pre- : i sented to the Council.
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I I I i Letter dated May 21, 1960 from Richard R. Coe in which I i : he submitted for consideration an alternate proposal.
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i Letter dated June 2, I960 from ID, R, Dinius addressed to; I i the City CoWciI, appealing the .decision of the Planning i : Commission in denying his application,
i for D. R. Dinius, stating on behalf of D. 8. Dinius an ; i appeal of the Planning Commission's decision was hereby i : made.
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I I I i Letter dated June 2, 1960 from Paul S. .. Swirsky, Attorney: I
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i The Mayor declared the public hearing open and ask;& the i i applicant if he had anything further to state.
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1. D. R. DINIUS, 56-83 Hub, Los Angeles, stated that over 4 :.
the period of the last four years, he had made efforts. to. *- : make use of this land; he had worked with the various i: departments in the City. Previously two applications had',;:- been submitted for the reclassification of property in this : area, and both cases were denied due to the fact that a : plan of the akea wae needed. He has submitted a plan of i the ..area, and for his own protection had requested this' : reclassification. Ne feels he has made an honest effort i .to come forth with a plan for this area; because of so :
l much of this land being landlocked, it is going to be very i i difficult to develop any of this land unless a plan is de- i : -loped for the entire area, and a street put through open-; i- ing up the area. 1
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I I I i MRS. LOIS FRY, 430 Tamarack, asked if there is any i
i stated amount as to how far a person can live in order to ; i sign a petition.
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i industrial taxes will bring three times the tax that resi- i : dential taxes bring. Also it will bring more employment : I into the area and if we don't get more industry in this area; : where are we going?
: this rezoning each one states the property owners are : i against the street being put through and the M zoning; Ove4 : half of the property between the Ocean and this area is : i already zoned R-3, and he personally felt there was .more I
t I MR. "WHITEY" GLISSUN, stated thadhas lived in I I : Carlsbad for many years; we are all tax conscious and i I
i MR. DINIUS stated that in the petitions presented opposinif I
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I i MR* ARCHIE KOYLE .stated<:he represented the petition- i I ers 0PPosing this re.Cb&ication, ' These ,petitioners 60 i ! not want M zo&g,aS they. wish .to pr6.*ct'+ghirbomeS, ; I and he also b+I.rpresenteda ., , _I plan ~f tge' yeai " I I
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: EDITH LEWIS stated she opposed this rezoning because I I ::;;; :::I,
i it will pull the values of the surrounding properties down. f ::e:: I ;;:;; @)I ! MR. P. A. CLOUD, 271 Wedmod, stated he opposed thi$ :I::: i;:;:
I traffic if you bring industry into this area. We have other: ;:::I ; areas that would be more appropriate for industry. We i :;::: i definitely need industry in the City and provisions should i ::;;:
; Council he lives at the corner of Jefferson St, and ;:I /;:: i Tamarack Ave. , and this intersection is already a traffic i 1:::: :;:::
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I MRS. GEROW asked if industry were allowed in this area! 111;: ::::: '11
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i holding this property. R-3 property in other areas goes I ii:::
I slaughter houses, tire manufacturing firms, pig farms, i ;:::i
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1:;:; : rezoning as it would be too close to the school. '&I" zo& i is bound to make a stinch. Also Tamarack Ave. in its i :I::: : present condition would not be able to take care of the ; $::i
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I I I I i MR. JACK SAUL, 3900 Jefferson Street, informed the i :::::
: hazard; if we had industry in this proposed area the i streets would not carry the traffic, as we have Class 3 i : streets.
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i would there be any poismous gas fumes allowed?
i MR. WILLIAM HUNTIMER, 371 itedwood, previously i 8hl:l I someone stated there was already enough 2.-3 zoning in I ;::;: i this particular area. The R-3 land around the Ocean is : ;::;: r:;:! : mostly held by persons living in Los kngeles and they are i
i just as fast as other zoned property. ::I:: ;:ii: i:: ;: : MR. DINIUS stated that there are many rumors about i
I::#: i rubber plants, etc., going into this area if it were zoned : :;;:I : M. It is not his intention to bring anything of this sort i I:;::
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:&I:; : if the area colored red was his property. Mr. Dinius i ;:::I i stated it was and that he and Mr. Koyle are the only two : 1::;: :::I: : property owners affected by the zone change. :;1:1
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:::I: : The City Attorney advised the Council they had two alter- i I:,:: 'lit i natives - either to grant the appeal, and the matter would : :II:: ::::: i reconsideration, or deny the appeal and adopt a resolution: :::
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at;:; ;;/I : with "MI' zone on the west side of this proposed street. i :;1:1 :;:::
I this requested "M" zoning. 1 b:;:
: considered at this hearing was the area marked in red. i ;:$f
i Cmn. Bierce stated that he was well aware that we need : ;::::: i industry, but did not feel this area was large enough; also; 1::::;
: sidered at this time, and he felt this location was too near: : the harbor area.
I t i With reference to the map Cmn. Bierce asked Mr. Dinius j t::::
I I I I I i The Mayor declared the public hearing closed at 8: 30 I?. Mi ::I::
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: then be referred back to the Planning Commission for i ;:I::
i so stating. l;l:; i Cmn. La itoche stated he felt Mr. Koyle would go along i I :ii:i
! Mayor Sonneman stated the residential area is very near i :I:;!
I I I :::;I :a I The City Attorney pointed out that the only area to be i ,:::I
: we need other improvements first to bring industry into i ::;i:; i this area; two small parcels are all that is being con- i !it:;/ :I;::; ;::i:r
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; The following resolution was presented for the Councilts i ;:::i: ::;:;: :i:::;
I : I -THEY OF CARLSBAD, DENYING THE APPEAk ;I:::; ;::,:I *:;:;: ::;:::
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: Res. #656. A EESOLUTION OF THE CITY COUNCIL : :;i:i:
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I :I I : FOR RECLASSIFK!ATION OF CERTAIN PROPERTIES i Guevara i ;x :xi i IN THE CITY OF CARLS3AD FROM ZONE R-l and I Bierce b i !x: : R-P TO ZONE M, was adopted by title only and further ; Sonnernan I i ;xi i reading waived. i La Roche : : I :x
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I b. Appeal of the decision of the Planning Commissioq i for a variance of property located on the west side of I i Jefferson St. between Las Flores and the Freeway - i Donald A. Briggs, Jr.
i The Clerk presented the Affidavit of Publication, and : stated that proper notices had been mailed to all property i i owners within the area.
i The application was reviewed by the Clerk wherein ; Donald Briggs, Jr. requested redution of front yard I from 20 feet to 2 feet; reduction of rear yard from 20 feet;
I to no rear yard and the increase of the side yards from ; i 10 feet to 15 feet, on a portion of Tract No. 2, Laguna I : Mesa Tracts. It was pointed out that this variance was ; i requested for three (all adjoining) lots.
i The Clerk was requested to present all written corres- i : pondence on this matter. The following correspondence ; I was presented
I Letter dated May 20, 1960, from George T. McDonald, i I 2363 Jefferson, urging the Planning Commission to give :
; favorable consideration to the application, as the improve: I ment of this property would certainly help progress and : : the beautification of our City. I 1
: Letter dated May 21, 1960 from the applicant to the City i 1 Manager, requesting an opinion from the City Traffic i : Safety Committee or Police Department as to what effect : i this variance would have on traffic in that area.
I The reply from the Chief of Police stated that an investi- i i gation had been made and it is his opinion that no hazard : : would be created by the proposed variance.
; Petition dated May 23, 1960, containing two signatures, i i in which they protested the granting of this variance for a ; the following reasons: (1) The setback of two feet violatee i any past rezoning in regard to setbacks on main thorough-: : fares; (2) When Jefferson street is widened the hazard to i i any homes built in this area would be serious; (3) There : i would be a hazard of curve approach to occupants of I I
; dwellings; (4) The dwelling on adjoining property was i i built several years ago under County jurisdiction; and (5) i ; The present street usage does not designate the true i street and could be misleading to future purchasers. i A petition identical to the above-mentioned petition, dated! : May 23, 1960 contained two signatures of members of the i i Buena Vista Lagoon Assn. 4 8
I Letter from G. R, Dinius, urging the granting of this i : variance, as his property is within three hundred feet i i south of this property and on the same side of the street, ; i proper development of this property will greatly improve i : the view from his three building sites, proper improve- : i ment will greatly benefit the community of Carlsbad as a i : whole, and dl, costs of future improvements on Jefferson : i Street in this area will be reduced proportionately to I I : present owners by including this four hundred foot frontage, i regulations prohibit building on this property at the I 1 : present time, and the type of construction necessary to i i develop this area will be an interesting and beautifying ; : addition to the entire community.
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b I I : Res, No, ' 161 of the Planning Commission was read i wherein they denied the variance of said property.
i Letter dated June 1, 1960 addressed to the City Manager i J from Donald A. Briggs, Jr. , appealing the decision of : i the Planning Commission in denying his application for i i setback variances on Jefferson Street.
: Letter dated June 17, 1960 from Iva M. Grober, address-: i ed to the City Manager, objecting to the granting of this ; I requested variance for the following reasons: (1) The i ; setback of two feet violates any past rezoning in regard : i to setbacks on main thoroughfares; (2) In the widening of i : Jefferson St., the hazard to any homes built in this area ; i would be serious; (3) there is a hazard of curve approach I : to occupants of dwellings in this area; (4) The present t i street usage does not designate the true street and could i : be misleading to future purchasers; and (5) the dwelling or¶ ! the adjoining property was built several years ago under i i County jurisdiction, and the zoning at that time was dif- : ; ferent; from our City zoning, I I
I Letter dated June 18, 1960 from the Buena Vista Lagoon i : Assoc. addressed to the City Cou~~cil , stating they ob- : I jected to the granting of this variance. t I
i Letter dated June 19, 1960 from Geo. T. McDonald, : addressed to the Planning Commission, stating that one i i of the main objectors to the improvement of this property i : was given the first chance to purchase this land and re- ; i fused, and felt it unjust that they should take steps to
J oppose Mr. Briggs from beautifying the community; 1 I : another objector came to him personally a few years ago ! ; with a petition for a variance to build a new home, which : ; he gladly signed. This property was sold and purchased : i in good faith, and he personally cannot see why Mr. Briggb : should not be allowed this variance. Also he could see no i I way in which this variance could be detrimental to any : : future plans of the Audubon Society, 1 I
; Letter dated June 20, 1960, from the Bette M. Carpenter i i Realtors, re: Property appraisal, addressed to Donald i : A. Briggs, Jr. a concerning the property in question, in : 1 which they stated it was the opinion of their office the i : value of this property, without relief from present set- : i back regulations, is of little or no value. Wit-1 adequate i ; relief, such as is now being requested, the fair market I i value of these lots would be from $7,000 to $10,000, The$ : also stated that a number of buyers would consider pur- : i chasing this property if setbacks were comparable with i i other water front properties.
i The Mayor declared the public hearing open, and asked I : the applicant if he wished to speak, I I
i DONALD A, BRIGGS, Jit,, stated that at the time of i i the hearing on this matter before the Planning Commis- : ; sion there were four other hearings scheduled that night; i i at that hearing there was one commissioner absent, and i ; two of the commissioners could not agree as to whether a : i variance should be granted on one lot or all three lots. i : When he purchased these lots be purchased them in good : ; faith and as buildable lots. Due to an existing easement :
i over this property he does not have sufficient area to build i with the present setback requirements. The maps that I I existed were not correct, and he now finds he -Jacks 20' : ; for a buildable lot. He has spent considerabk.time and i i money to prepare exhibits for the (3~~~51 io wiew, and. ; ; they are exhibited in tb room ad.cka&g.fW,@%.mciE Ckami ; bers. He asked the ..IJounc_il b s&$&~&.%&iQ&&;.&&' &e ;
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; and she had had considerable discussion on these lots. Ttie :;*I 11 : way she had the footage figured, Mr. Briggs would still : 1::: 11 i be one foot short; as P.ar as she can determine, Mr. Brig& ;:I: : is asking for four variances. She checked with the Tax : i Assessor's office regarding the new assessed valuation of i ,:a; 11 i their property, and at the same time checked on this : property, and found it has a very low assessed valuation, I 1;:;
! MH. GEORGE GROBER, stated that he has sat at the i window and watched the cars go by, and there is already I : a traffic hazard in this area, When he backs out of his ; '81 4::: 1 i driveway he has to stop and wait for the traffic to clear. I :::;
; If this variance were granted and the owner were allowed : I to build it would certainly create a greater traffic hazard, I 181
I I l;*l i MR. JARVIE, one of the Planning Commissioners, stated I 11;; : the applicant had a scale built model home, showing how ; I he could build on this lot, and he went along with the grant + :I::
1::; I ing of the variance on the one lot, 4 :a*:
i MRS. MABEL MARTIN, stated she lives on the corner of i 11(1 : Jefferson and Las Flores, and this building would not ob- : i struct her view, but felt it would be setting a precedent. : ;:::
I I 111 ! MR. GEORGE GROBER stated the minutes of the Plan- : : ning Commission were incorrect, as he had never stated i i:fl i that this structure would obstruct his view. I I :;!I
a i IDA GftOBER , 2360 Jefferson St., stated that Mr. Briggs 1::;
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I I I I i DR. WRTIN, stated he could not see how anyone could i :build on this lot.
i L. E. BUCKINGELAM, 1107 Las Flores, stated he was I :not good at making speaches, but had written some things i : down he would like to read. This strip of land is approx- ; i imately 300 feet long and doubts if it would average 20 feeti i in width; it has never been taxed and has never had to pay ; :any sewer assessment like the other property in the area; i I this gentleman bought this property for little or nothing : :and expects to make money off from it. If he is allowed to! 1 build on this strip it will lower the values of the other :properties in the neighborhood; it would ruin the Bird I Sanctuary, and usually under this type of structure that is ! :proposed trash collects under the house,
! MR. MARTIN, asked 'v~;~&his property did not have to pay I !any sewer assessment? Mayor Sonnernan informed Mr. i :Martin that if any improvements were put on this land the : :owner would have to pay.
i DONALD BRIGGS, Jd., stated he had a survey made of i ;this property and the lot ends up 20' short. If Jefferson i !st. were widened this would still allow 12' from the curb. : ;He had his tax bill for last year where he paid $28.00 in i
I structure he anticipates, it would no doubt bring the taxes i i up to $1200.00, Mr. Grober spoke of the driveway and thd !traffic hazard. He pointed out he has planned a "U" shaped i driveway for the front which will not necessitate backing : :out of the drive. Mr. Grober lives on the inside curve i :which makes it difficult to come on to Jefferson Street. ; This property will be on the outside curve, Hillside home4 :can be very beautiful. He has colored slides showing the : :type of home he proposes to build that are located in La i i Jolla, Emerald Bay and Laguna Beach that are beautiful, i :which he would be happy to show. i Mayor Sonneman asked the City Attorney if a restriction i :could be put on the granting of a variance. The City :Attorney stated that you could not put a restriction on the i :granting of a variance; however, Mr, Briggs has gone to i
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I :*If : The Council members adjourned to the adjoining room to ; $*(I ;;ll i see the exhibits. ;:@I
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$1: i After the members returned to the Council Chambers the i ,:#I I Mayor declared the public hearing closed at 9: 25 P. M. : ;!:' ;;
I I I '1 ::,: I i Cmn, Bierce stated that this is a capitalistic country, : ::I: : and if anyone has the foresight to take something an make i i:::
1:: r a profit on it they should be blessed and not damned. I I. :;I I 1: ,:;I
I :;I: i Mayor Sonneman stated that she did not feel this was i i;i'l : comparable with Qcean Street property. I I i:::
: Cmn. Bierce further stated that if we are to get more of i ::;; i this vacant property on the tax roll,. we are certainly i :*I1
: going to have to consider these possibilities. I I ,I::
; 1 IS f After further deliberation by the Council, by motion of : 1:;; i the Council it was agreed that the Planning Commission I : be notified that it is the intention of the Council to grant : I I ., ; (411 I this appeal, and requested the Planning Commission to i :#*I i reconsider the matter, as the Council has made the f
f following findings: (1) Similar variances have been i granted on other beach front properties; (2) a pattern was i '11:
f set by the County; (3) there is a definite pattern set by i ii:' i topographical conditions that exist in the City; and (4) : : this property is located on the outside radius of the curve i i on Jefferson St., therefore, a dwelling would not cause I Guevara ; : ; xi ; any additional traffic hazard. Also, that the Planning i Bierce i": :5 1 Commission consider the additional tax revenue that : Sonneman ; : :x: ; properties such as this would bring. i La Roche : !xi 5
: A short recess was declared by the Mayor at 9:40 P. M. i ;::: J The meeting reconvened at l0:OO P. M. I I :::I
i OIEAL COMM'CJNICATIONS 1:::
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1 I ::;: i The Mayor again asked if there were any oral cornmunica: :I;: ,:,, i tions. There were no oral communications. 1 ::::
I i::; i PLANNING: $ I :::I
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I I I ;'::: a. Tentative Map of Longview Plaza Subdivision. I I ::;; It i A tentative map was presented for the Council to review. i ::;a i Res. #164 of the Planning Commission was reviewed, I I ::::
! recommending the approval of the tentative map, subject i :;::
i to certain conditions. t :;I;
a :;a1 i After consideration by the Council the following resolu- i :a:: :ii: f tion was presented for the Council*s approval: I I 11 *
I I :;:: i Res. #658. A RESOLUTION OF THE CITY COUNCIL i Guevara : I i X: ::::
: OF ' E CITY OF CAALSBAD APPROVING THE : Bierce : :xi+ i Tm%?TIVE MAP OF LONGVIEW PLAZA SWBDfVISIO~,Sonneman i 11 ; ;x: : ww,: adopted by title only and further reading waived, i La Roche :xi f $
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1 a. Agreement between City and Shultz. The Councilj ;;::I
1:::; I was informed that Mr. and Mrs. Shultz own property in i i::::
! the City of Oceanside, vrherein the City of Carlsbad has ; I-;; i a dominant easement for water pipeline purposes over a i ::::;
: portion of the property. The owners are desirous of :I::;
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1:;:; i portion of the easement. The City Attorney has prepared i ; an agreement between Mr. and Mrs. Shultz and the City f ::::I
: of Carlsbad, granting the Shultz the right to construct i :;1:1
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I I ;:'; i this improvement over a portion of this easement. The i : City Manager recommended this agreement approved as i 1::: ! the owners have agreed to hold the City harmless in the : IllI
::I1 i event the structures must be removed by the City. By : :I::
l:;l : motion of the Council the agreement was approved and the! Guevara i i i i i Mayor was authorized to sign said agreement on behalf i Bierce :XI : $ : of the City, and the City Clerk instructed to attest to suc~ Sonneman i : i X: i signature. i La aoche ; :x: $
I I :::: i NEW BUSINESS: I 11:;
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l a. Request for license (business) refund. The I i::; : Council was informed that one of the representatives of ! l:l* :@,I I the Tri County Catering Service applied for a business 1 1;\t : License and paid his fee in the amount of $18.00. Sub- : llll i;:f i sequent thereto the County Health Department would not i l;:: 11 i issue a health permit, and the gentleman is now asking : Guevara i I i xi ; for a refund of the $18.00. By motion of the Council i Bierce ; ixix i authorization was given for the refund in the amount of : Sonneman i : ; xi ; $18.00 to the Tri County Catering Service. i La iEoche ;xi i x:
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I I a. Second reading of Ordinance No.. 3041. Parking i i:;; I on Carlsbad Blvd. and Slm Avenue. The following ordi- i l;ll : nance was presented for a second reading by the Council: :
I Ordinance No. 3041: AN ORDINANCE OF THE CITY i I :: i OF CARL l;;l SUAD HEPWLING ORDINANCE NO. 3028, I Guevara : ; :$ : AMENDING AND ADDING TO ORDINANCE NO. 3005 : Bierce I ix:q i OF THE CITY OF CARLSBAD, was adopted by title i Sonneman i i : x: : only and further reading waived. : La Roche ;x; i xf,
: MR. JOHN GRANT and MR. COLLINS, owners of t I I:::
i businesses on Carlsbad Blvd; , were present and proteste4 ;::!
: the parallel parking on Carlsbad Blvd. in front of the : ::;: i Frosty Freeze. They requested a survey made of State i :;;:
i Street in the business district. I ;::I
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i CITY ATTORNEY'S REPORT: I ::I1
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I I I; :I i The City Attorney advised the Council there would be a ! 41;: i:;; : meeting in San Diego on Friday, June 24, 1960, of the i l;*l : State Board of Equalization. This board is the one that : :si: ;1:; : levies the tax on the Gas and Electric Co., and felt it i ;::: i would be wise for some of the members to attend. The : :;*I ; City Manager stated that he would be in San Diego on that I ;:ii
i day and would try and attend. The City Attorney stated ; ::I;
$8 : that she would be present. 8 I :: ::
I I 1;:: i There is a new legislation, which will become effective i i:ii ; July 7, 1960, which will allow the officer to remove a i 11'1 i vehicle that is parked in a "No Parking" area, and where : 11::
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; it is necessary to take the person arrested for a moving i 1:::
:I;# i violation, i. e., drunk driver, etc., to the nearest : magistrate. The City Attorney stated she would check i i1:: 11; i into this further, and if the Council so desired she would : p:: ; prepare an ordinance for the City of Carlsbad on this I ::i: i matter.
i No answer has been received as yet from Mr. Graham i : Kelly regarding the delinquent water bills of Irwin Kelly :
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i CITY MANAGER'S REPOXT I :tl: I l::l
I I :;:: : North Carlsbad Fire protection. Mr. Carnohan made up i :::i i a card for the residents'of North Carlsbad to sign, where+ ;::a : by they would agree to pay $1.. 50 per month for fire pro- i I:'; i::: i tection by the City of Carlsbad. Out of the 230 cards sent; ,I :' : only 83 cards have been received as of this date. Mr. i 1;': :;:: ; Carnohan is of the opinion that it is almost fruital to go ; :::: : -. a I I i:::
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i Mr. Felt was turned down by the County Planning Corn- I ::;: I mission for a variance to allow him to build an FM :#It
I I ;;#I : Station on property owned by the City in North Carlsbad. : ::ii I He is trying to find another location in the City. I I Ill
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i The City Manager reported on his trip to Sacramento, I I :::a i relative to the hearing before the Water Pollution Board. : ;I:; ;:al ; The City was denied their request for federal funds. 4 1:;
I I I :::I i Juniper Ave. improvement. At the last regular meeting i ;ai:
4::: i 3 the Council a petition was presented to the Council re- i ::a1
: questing a drainage improvement on Juniper Ave. from : i$i
i Garfield to the railroad track; all the property owners i I:::
: had signed the petition except one, requesting the City to : 1:;;
;Ill i furnish the labor and they would furnish the material. I ;I:: : Mso discussion was given as to the City participating in \ ii':; i the amount of $6 3.00 to make up the difference of the one : :::: i property owner who had not signed. It was the decision od SI ; the Council that the entire amount be prorated among the i t:;;
i property owners signing the petition. Mr. Corprin, one : i:::
;::I ; of the property owners has contacted the other property i ;:'I I owners and they are reluctant to putting up the cash until : 1:::
: the work is completed. The City Attorney stated there i :'::
I:;! i were two ways this improvement could be accomplished - ; :#I:
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; either under the 191 1 Act or by cash. The petition called i :;::
i for cash. Cmn, Bierce stated that signatures do not I I ::::
: seem to mean a thing. These people signed a petition for i ::;:
! a cash contribution. I 1':::
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1 ::I: i MR. MOORE, 390 Juniper, was present and stated he 1 i;:: : would rather put up the $63.00 than have the matter go : :; a!; i under the 191 1 Act. He feels that an explanation will have: i;:: i to be made to these people regarding the procedure under : ,I :t
: which this improvement can be accomplished. I I ;f 1::
i Cmn. Bierce suggested that a letter be sent to these I 1; 84 i people showing the difference in cost between a cash con- ! : tribution and the 1911 Act, The City Manager was in- i structed to prepare a letter for submission to the propert$ ;;:; ; owners. I I ;:i:
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I I I 1:;; i PAYMENT OF BILLS AND RATIFICATION OF PAYROL& :;;;
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I I : Authorization was given for the payment of bills from i i June 8, 1960 to June 21, 1960, for the general expenses : Guevara b i ;xi ; in the amount of $2,488.87, and for the Water Departmen6 Bierce : :x:xi 1 in the amoun! of $27,152.21, as certified by the Director : Sonneman i : :x; i of Finance and approved by the Auditing Committee. i La Roche : : :x:
i Ratification of the payroll was given for the firSt half of i Guevara 8 ; :xi i June, 1960, in the amount of $12,102.26, as certified by i Bierce )c i :x; I the Director of Finance and approved by the Auditing : Sonneman : ; !x!
; Committee. I La lZoche I ixIx;
i ADJOURNMENT:
i By proper motion the meeting was adjourned at 10: 50 P. I$+ ::;:
I t #:;I : Respectfully submitted,
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