HomeMy WebLinkAbout1962-06-06; City Council; MinutesI
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I Minutes of: CITY COUNCIL (Regular Meeting) i \\ ', ',, 't '\ '' : Date of Meeting: June 6, 1962 ; N a me '., '<%\ '..,"&. i Time of. Meeting: 7: 00 P. M. ; of *.+o-$, ' '?%
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I I i &OLE, CALL was answered by Councilmen Guevara, I I ; Bierce, McPherson, Neiswender and Hughes. Also i present were City Manager Slater and City Attorney Haye+
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I!!# > ALLEGIANCE to the flag was given.
i INVOCATION was offered by Councilman Bierce.
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I l!!I i APPktOVAL OF MINUTES:
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i were approved as presented. : Bierce Ls: :xi i McPherson 1 I :x:
I I (a) Minutes of the regular meeting of May 15, 1962,: Guevara I !x :x:
I : Neiswender: : :x!
8 I I Hughes i ; :x:
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I i CORRESPONDENCE:
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(a) Board of Supervisors - re: County Woad Standadds. :;:; 11 Following a hearing on the San Diego County nZoad Policy ; :;#I
Committee iteport, the Board of Supervisors approved the! ;;I:
: recommendations of the committee. On May 1, 1962, the : il::
el:* i Board voted to extend invitations to organizations, one I ::I: : of which was the cities in the San Diego County, to nomi- : 11:; :::; i nate one representative each for consideration and appoint: :;*I !;:' i ment by the Board to serve on a special committee to t 1: : review and recommend standards for the construction and 1 I;1*
::I4 : improvement of County roads. I I i:::
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i Mayor McPherson stated he felt the City Engineer was the! ; best qualified to serve on this committee, and with the I i consent of the Council the City Engineer was nominated : : as the person to represent this city. I I
I I I I I I I (b) Board of Supervisors - re: Notice of intention i i to circulate incorporation petition for Vista area. Letter I : dated May 24, 1962, giving notice pursuant to California : I Government Code Section 34302.5, that a Notice of in- : tention to circulate petitions seeking incorporation of Vis& i California, has been filed with the Clerk, Board of Super-: : visors. A legal description was attached. I I
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1 f I I The City Manager informed the Council in accordance wid i the law the City of Carlsbad must be notified as the pro- i ; posed boundaries are adjacent to the City of Carlsbad. t 1 I I ! I
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t : By common consent the Notice was ordered filed. I ;;$I
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l I (c) Board of Library Trustees - re: City owned i I roperty, klm and Madison streets. Letter dated June 4, i
i Board questions the advisability and legality of the leasing: : of the tax-free city land at Elm and Madison for a per- : i manent structure. They requested the Council to delay i
i signing any long term lease until such time as an adequate: : library site is determined and the diverse legal decisions i i clarified. The Board also questions the section of the : ; ordinance creating the Library Board concerning the trans; i fer of building funds to the Library Trust Fund. They : : requested that a change in their 1962-63 budget be approv* i as they propose to use the monies allocated in the building: : fund to purchase needed equipment and strengthen their ; i reference collection until such time as a proper legal ; decision is rendered.
i The City Manager pointed out several meetings were held ! I with members of the Library Board of Trustees, the City i : Attorney, two members of the City Council and the City : i Manager. The question of the land at Madison and Elm i : was discussed as the future site for the Library. The : i Board wished to have this land turned over to them for the:
t Library.
I I %62, from the Library Board of Trustees, stating the ;
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I The City Attorney informed the Council the Board was in-! : formed this land is held as security for the water bonds. r i In their letter they have raised the question as to whether ; i or not the city can legally lease the land to another party. i ; At the previous meeting when consideration was, being given i to Dr. Packard as to leasing the land, she pointed out it i : could be leased provided the Council determines it is not : i needed for municipal purposes, and this would have to be i : done by resolution. 1 I
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1 I I : As to the money being transferred to the Library Trust I I Fund, they have requested the funds that have been set : ; aside for the Library transferred to their separate accou& i in order that they can invest these monies. These monies! : are tax monies and are for the good of all the population. : i There would certainly be a question as to whether you can: i take these tax monies and put them into a separate fund, ; i In the ordinance setting up the Library Board of Trustees,: : a provision was made whereby the Board could have a : i separate fund. The purpose of this fund is for monies i I derived from douations, gifts, etc. I I
I Cmn. Neiswender stated in view of the letter he would lik4 i to suggest that any action on this land be held in abeyance ; : until a meeting czn be held with the Library Board.
: Mrs. Strause, President of the Library Board of Trustee+$ I was present and requested that any action by the Council : : be delayed until a meeting could be held.
i The Mayor informed Mrs. Strause this matter would be i : coming up later on the Agenda and the members of the ; : Board would certainly have a chance to be heard.
I ordinance. Letter dated May 24, 1962, from the Carlzad i Realty Board, stated at their meeting of May 10, 1962, i : they discussed and analized the effects of the recent sign : i ordinance pertaining to real estate. It was their feeling i ; that generally the city looked better and it was working ! i out quite well, however, they would like to suggest furthe$ : control of signs would be beneficial. Their sufgestions : i were, (1) &eduction of "for sale" or *'for rent ' signs to i i one (1) square foot, and (2) Placement of signs to be con- : ; fined to a window in case of improved property and the i i center line of the lot in the case of unimproved property. :
: Cmn. Bierce suggested the matter be deferred until a i i later date. Cmn. Hughes suggested a committee be ap- ; i pointed to study this matter further, and he would like to i : serve on this committee,
i Mayor McPherson appointed Cmn. Guevara and Cmn. : Hughes to serve on this committee and make a report I back to the Council on their findings.
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I 96'2, from the County Boundary Comms ision, stating I I that in accordance with amended section 35002 of the i Government Code, the City of Carfsbad is hereby notified \ : the City of Oceanside intends to annex territory known as : t "Wise Annexation", portion of Lot D of &ancho Apa 1 *
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I I t I I 1 I I I I (d) Carlsbad Realty Board - re: Real Estate si I
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I I I (e) Boundary Commission - re: Notice of sroposed I
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B 1 Hedionda. A map was attached.
: The City Manager informed the Council this area is sur- : i rounded by the City of Oceanside.
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I 8 I e 1 1 i The notice was ordered filed. I t I I I 4 t t I I I I 6 I
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t ( f) Carlsbad Army and Navy Academy and Kamar : :::: I Construction CO. - re: rtequest for vacation of a portion i ;*b: ; ; : ;fl I of Ocean Street, easterly of Mountain View Ave. Letter : ;:;I
; dated May 21, 1962 from the Army and Navy Academy an4 ::i: i letter dated May 15, 1962, from Kamar Construction Co. ,I ;:*:
: Inc. were presented simultaneously, requesting vacation ; I:{:
18;: i of a portion of Ocean Street lying easterly of Mountain I :::; : View Avenue, based on the fbllowing factors: (1) The : ::I:
; street is totally unimproved and is not used by anyone as I ::I;
;::I i it is unpassable; (2) The road extends a few hundred feet ; I::! i and then dead ends against the railroad property and canngt iiii : extend any further; and (3) There are only two abutting ; i::: i property owners, both of whom have considerable frontag$ iiii I on Mountain View A.ve. and Ocean Street and have no de- ; 1 sire for the continuation of this street, I :;;;
:::I i A plat of the area was presented for the Council's review, I ., ; I '
'1;; '1 I* ::;: i After consideration by the Council, by motion of the Coundil Guevara I !x ;x: ; it was agreed that the matter be referred to the Engineeripg Bierce !x: :x: i Department for study and report, i McPherson ; i I x:
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I ii;: I I i After Item (a) under Public Hearings was completed, CmG, I Bierce stated he would like to rescind his first motion and i offer the following motion due to the fact one of the appfi- i Guevara ; !x !x: : cant's would be out of town at the time of the next meeting:: Bierce P : :xi i That the request for vacation of Mountain View Ave. be i McPherson ; i :x: : granted, subject to the approval of the City Engineer and : Neiswender: : :xi i the City Attorney. i Hughes ; I !x:
: to deed City owned property to owner of adjacent property: i Letter dated May 31, 1962, from Kamar Construction Co. i :II' i Inc., was presented, stating it was brought to their atten-: ;::: : tion that on August 7, 1956, the State of California deeded! :a! i to the City of Carfsbad a small parcel of land, amounting : iiii ; to 100 square feet. This land was conveyed to the City i ;;:I
: As the land is of no value to the City they requested that i ! consideration be given to the deeding Q€ this parcel to : : them. A letter from the title company and description of i i the land was attached.
1 It was pointed out to the Council the State of California i : deeded several of these small parcels to the City after ; ii;; i the completion of the Freeway, This particular parcel i : lies adjacent to the applicant's parcel of land.
: After consideration by the Council, by motion of the i Guevara : k ;xi i Council it was agreed that the request be granted and the i Bierce k i ;x: ,: matter turned over to the City Attorney for preparation : McPherson ; l :x: I of the necessary documents. i Neiswender ; i :x:
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I (g) &mar Construction CO. - re: Kequest for City! I;:: :;;: :;::
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I under the Excess property Act of the State of Califarnia. t ;:
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I I ;:;:I (a) itequest for reclassification of certain property ; i from Zone 8-1 to Zone "M" and proposed Precise Plan - 1 :;::: i Applicant: San Diego Gas Bt Electric Coo I I ::::;
I i:;:: ! Notice of the Public Hearing was read in full. Certificati+ 1::: : was given as to proper notice being given, and that the : i:;:: i Affidavit of Publication has been filed. I 1 it t I ::::
I I I t i:;: : The' Mayor announced that this was the time and place Set ! ; ;*I :: : for the hearing. I I :;;: :;;:
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I I Resolution No. 243 of the Carlsbad Planning Commission i ; was read in full, wherein they recommended that the re- ; i quest for reclassification of the property be granted, in i : accordance with the precise plan.
i The Mayor requested all written correspondence address-! i ed to the City Council be read.
i Letters from the following persons were read, wherein i ; they indicated they were in favor of this reclassification : i as they felt it would'benefit and improve the present site i : of the San Diego Gas & Electric Co. : !
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I : Mr. and Mrs. C. Fouts { 4090 Garfield, Carlsbad
I hzoy K. and Ara M. Jeppson : 5101 El Arbol Drive, Carlsbad
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I I I I I I I I I I I I t I I 1 I : The following letters were read protesting this reclassi- i i fication:
i Mary A. Peete i P. 0. Box 21, Carlsbad I
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1 I Hazel L. Scritsrnier ; 5201 Terramar Dr., Carlsbad
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; Barbara Burke I 5220 Carlsbad Blvd. , Carlsbad
i Eric R. Kilian : 5320 Carlsbad Blvd. , Carlsbad
! Agnes G. Johnson i 5380 Los Bobles, Carlsbad
i Harry D. Allen : 5098 Shore Dr., Carlsbad
! Mrs. .Marie E. Chisenberry J 5140 Carlsbad Blvd. , Carlsbad
i Ernest T. Shay i 5081 El Arbol Dr., Carlsbad
i One letter containing the following signatures: : David E. Baird, 5283 Shore Drive, Carlsbad i Warren X. Leonard, 5016 Tierra del Oro, Carlsbad : Harry D. Allen, 5098 Shore Drive, Carlsbad i Joseph F. Guard, 5340 Carlsbad Blvd. Carlsbad : Arthur A. Brown, 5021 Shore Dr., Carlsbad
: Nancy Ann ktaphael 1 I I 5385 El Arbol Dr. , Carlsbad
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I I I I I i Mrs. Floyd D. Young : 5185 Shore Dr., Carlsbad
: Evelyn M. Moore i 5149 El Arbol Dr., Carlsbad
i J. V. Jones : 5051 Shore Dr. Carfsbad
: Mrs. R. C. Prewitt i 5021 Tierra del Oro, Carlsbad
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I !I:! I Mrs. Gertrude Henry : 5080 Carlsbad Blvd. , Carlsbad
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i Cmn. Neiswender requested that the petition containing i I' 1:::; i 202 signatures presented at the time of the hearing before; ::I:! ti::; i the Planning Commission be presented. I 1 ::;I, I !tl!l
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I I I * i The contents of the petition was read in full, stating op- ; : position to this reclassification which would allow a utilit? i yard and equipment. It was pointed out this petition con- i ; tained 202 signatures of residents residing in the Terramar ! area. I
i It was also noted there were 18 letters of protest present: : ed at the Planning Commission's hearing. I 4
: The City Attorney informed the Council this hearing was ; i being held to consider the reclassification of certain 1 : property and also to consider the adoption of a precise : i plan presented by the applicant. The hearings can be he14 : simultaneously, however, separate action would have to I i be taken on each matter. I
: The Mayor declared the public hearing open and announced i the Council wants to hear from any person who wishes to ; i speak; however, he requested that they limit their com- : : ments and that no repetition be presented. Also the Mayo+ i requested that each person announce their name and l : address and sign their name on the pad that is placed on : i the podium. 1
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!*I? I i The Mayor asked if the applicant or his representative i ; wished to speak? I I I I ! I
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l!!l i FWK DEVORE, Governmental right-of -way Supervisor i i for the San Diego Gas & Electric Co., stated he wished to I : speak on behalf of the applicant. The Company is request+ i ing for the second time a zone change to allow the constru$- : tion of operating. headquarters in Carlsbad. The area to : i be zoned would run approximately 700 feet east and west i : adjacent to Terramar Dr., and 400 feet north from Terra+ i mar Dr. along Carlsbad Blvd. A year and half ago the : I Planning Commission denied their plan. Subsequently the! : Company employed Mr. L. W. Davidson from the firm of I
! Davidson and Mauer, Architects, to design a plan that : i would be acceptable to the residents of Terramar and the f : City of Carlsbad. Four plans were presented by the I I i architect and a meeting was held with the Terramar resi- i I dents on several occasions. There were several of the i : facets of the plans the residents present approved. After ; I the meeting these facts were incorporated into the plan : ; which is before your Body now. The Company again made: i application for a zone change with an attached precise plaq.
; On May 8, 1962, a hearing was held by the Planning Corn-: I mission. The Planning Commission accepted the precise i : plan subject to certain conditions and restrictions, and : i recommended to the Council this reclassification be ap- I : proved. I I
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I I I : The Company is asking that the Council approve the pre- : i cise plan and zone change in order that the San Diego Gas i : & Electric Co. may proceed with their operating head- : 1 quarters. Mr. Devore stated he had a prepared statemen$
i if the Council was desirous of hearing it later. Also if : i there were any questions they wished to ask he would be i i most happy to answer them.
i The Mayor announced if there were no other persons de- i ; siring to speak in favor of this matter, the Council would : i now hear from those wishing to speak in opposition. I I
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,i JOHN W, KIMBALL, Attorney, with the firm of Leady ! ! and Kimball, Encinitas, California, stated he had been : i asked by five land owners to speak in their behalf, narnelx!
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i D. E. Baird, W. H. Leonard, P. S. Allen Arthur A. : Brown and Joseph Guard. These property owners have I i already filed a petition setting forth their reasons for ; : opposing this zone change. In connection with the hearing! i before the Planning Commission he pointed out three I I : factors: (1) The findings by the Planning Commission : i were not consistent with the evidence presented; (2) Pro- ;
I tests by the community were virtually ignored, as a i number of written protests were sent to the Planning Corn: i mission, as well as a petition bearing 202 signatures; and! ; (3) There were indications of bias by some of the corn- ; I missioners at the time of the hearing. It was his under- i : standing there was only one person who spoke in favor of ; i this zone change, a Mr. Jeppson, who is an employee of ! : the San Diego Gas & ELectric Co, ; however, he is. also a : i property owner in the area. Due to the location of his i : property it would not be affected by this zone change. I I
i Mr. Kimball pointed out a statement made by Mr. Devore; ! at the hearing of the Planning Commission, that the reasok : the zone change was denied in 1960 was due to the fact the: i commission felt it would be inconsistent with the area. : : This condition has not changed and should be applicable at! I this time. It was his contention the Planning Cornmission! : was biased. The primary function of any Planning Com- ; r mission is to protect and beautify the city, An incidental i i function is to grant zone changes, however, they must : ; have reasons for granting zone changes. He pointed out i i that three members of the Planning Commission voted on ; : this matter in 1961, and in 1962 they completely reversed: ; their decision. In his opinion there is only one conclusion: i to be reached by this vote. Cmn. Hughes, of whom he is I i acquainted, and whom he did not wish to put on the spot, I : also voted on this matter in 1961. He should see some ; : change in the area for his change in vote now. Mr. Ewald i of the Planning Commission arrived at the hearing with a i i typewritten statement of the change that should be made. : ; He already had his mind made up prior to the hearing. i
i In his opinion the legal aspect of this matter was most i i important. In order for a zone change to be granted you i ; must show a need. Public necessity is a term used in the: i ordinance. Public necessity and public welfare should be i : shown. This is not a matter of benefiting an individual, ; i firm or corporation but the public at large, In 1955 this i : particular area was zoned R-1. Nothing has changed to ; i warrant M zone now. When the Gas Plant was constructeq : there were 50 homes in Terramar. The company stated ; i they would landscape the area surrounding the plant. It ': : was not until 1962, after their request for zone change had i been denied that they made any attempt to landscape. Ma4y i persons have purchased property since the plant was built; ; but were certainly not aware there would be any such plan: : as proposed now. He felt this area was an area where : I everyone takes pride in their home. Plants such as the I : Gas Company's are not built in residential areas such as : i Terrarnr. They are usually found in slum areas, I I I If this operation center is allowed there will be noise, : dirt and additional traffic, This will create a hazard for : i the children in the area. It should be proven that this I : operating plant is a necessity. It is not necessary that : i this operating center be adjacent to the power plant. It i : could be built in Vista, which should be more convenient : i as the company serves Orange County also. It was also i ; Mr. Kimball's opinion that the findings of the Planning : i Commission did not justify their conclusion. Irk closing i : Mr. Kimball asked that the Council reach a true decision : I on the evidence that has been presented. Circumstances I ; today are the same as they were in 1955. There is i evidence the Company can locate their operatiag center i
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I presented at the hearing of the Planning Commission rea+ i The City Attorney stated unless the Council specifically ; :r requests the letters read they need not be read at this I ; hearing. 1 I
I Mayor McPherson stated that anyone in the audience may i i be heard, and he did not feel it was necessary to have the! : letters read. 1 I
i JOHN PtEEWITT, 5021 Tierra del Oro, stated he wished I i to bring to the attention of the Council a matter that was i : completely overlooked by the Planning Commission. He ; i has been in conversation with the City Engineer and this i ; precise plan was never brought to his attention. It was : i his feeling this plan should have been presented to the i : City Engineer in order a have the opinion of all the I I i professionals. The Planning Commission is requiring I : curb and gutter on Carlsbad Blvd., but no mention has : i been made about Terramar Drive. There is not even a i : proper grade on Terramar Drive. In his opinion the I I i opinion of the Engineer should be asked at this time.
I HARftY D. ALLEN, 5098 Shore Drive, stated he lives i I across the street from people within the 300 foot area of : ! this property. He did not feel that a 60' street would makb : any change. Planning with our assets is very improtant. i i Mr. Devore has a nice booklet showing the future plans ; ; of all their lands. This is good planning. Members of i i the Gas Company have stated they are going to make this i : installation in any event. If that be the case this is going i I to increase the tax base, Where they put this constructioq
f will not affect the City of Carlsbad, We are concerned i i about where the tax revenue comes from. W-e will have : I the same tax revenue no matter where the construction is I i placed. Whatever revenue does come to the city will be ; i off-set by the depreciation of the other properties in the i i area. With all the evidence presented he did not see how ; : the Council could make a decision in favor of the Gas I company.
i GE03GE HENIZY, 5080 Carlsbad Blvd, , stated he had ! i many notes, however, the attorney covered most of them. i
I The Mayor declared a short recess at 9:05 P. M. The i ; meeting reconvened at 9:20 P. M. I I
i MR. =itY cont hued his comments and stated it did not i i behoove him to criticize the members of the Planning Cod- : mission and the City Council. He noted all the members : i of the City Council were present at the Planning Commis - i : sion hearing on this matter. The County does not allow : i any M-1 zoning unless it is enclosed. The County placed i : the regulation as to the plant being enclosed, and the city ; i accepted this plan of the Gas Company's when the city i : incorporated. In all his experience in this same field he : i has never seen an industrial complex like this in a resi- i : dential area. Terramar represents $5,000,000 in improvb i ed property and $1,000,000 in unimproved property. The3 : are attempting to get the figure on the assessed valuation. i i If this zone change is allowed the residents in this area ;
i intend to request a tax reduction. If the plant is allowed i ! to operate day and night it will certainly damage the I I : property in the area. We have talked to some of the of- i i ficials of the city to try and eliminate trucks from travel- ; I ing on Carlsbad Blvd. , especially garbage trucks. The i : people of Terramar feel they are a part of Carlsbad and : t would like to be treated as such. The primary purpose of I : setting up a zoning ordinance is to protect the property ; ; owners. In making their decision, the Council should con;, i sider the detrimental affect on $6,000,000 of property, :
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i and the economic and moral affect of this area. :: DAVID E. BAIHD, 5263 Shore Drive, stated no consider: ! ation was given as to whether this zoning is right or wroni. i The San Diego Gas & Electric Co. have the power and in- t : fluence. He is naive enough to think we still have a CiQr i i Government. Tne Planning Commission is an appointive i : body. Some of the members ran for Council and were ; i defeated by the vote of the people. The people of Terrarn+r : hope the City Council still has some integrity. I I
i P. S. ALL338 5099 Shore Drive, stated he felt the Plan-: : ning Commission ram-rodded this zone change through. ; i This operating plant does not belong in the North County, ; ; Be was sure the members of the Planning Commission an# i the City Councii would not want this plant placed across ; : the street from their homes. Over 200 persons protesteq i this zone change and the request was still granted. He ; ; asked that the Council not vote a slum area for the people! : of Terramar. 8 I 1 FLUNK DEVOiEE asked to speak again and stated he wo& : like to answer some of the statements that have been mad+. i The majority of the people who have protested live over : ; 300 feet from this area in question. The public Utility i I Commission requires that they serve the people of San : ; Diego County. In order to keep the rates down it is only i i proper that you would locate a facility that would serve :
I €he needs of the people at the least cost to the consumer. i i At the time the Company purchased this property in 1948 , I I a large sign (40' x 50') was placed on the property, stating 1 this was the future site of the Encino Plant. Anyone drivi : ing to Terramar to purchase property would certaidy ha+ I seen the sign. In 1955 when this particular portion of their : property was zoned 8-1 the Company did protest this R-1: i zoning. The Company started surveying their property I : in 1948. The construction of houses in this area did not : i start until 1951.
i Mr. Devore presented a photographs of the sign that was i i placed on their property, stating this was the future site ; ; of the Encino plant.
i Mr. Devore further stated a comment has been made the i i Company has not done a very good job in keeping their : ; property up. We do not have a letter in our files from thcj I Parks and Kecreation Commission, We have endeavored : : to put on a clean-up program this past year, and if this : i zone change is allowed the Company will continue to do so!,
I In regards to the $6, 000,000 in improvements in Terram;jr, I based on an assessed valuation of 25% this would mean ; : $17,000 in revenue to the city. This proposed facility i I done will bring in $12,000 in revenue to the city, It is i : not the intent of the Company to build anything that would i i be obnoxious to the residents of Carlsbad or Terramar. i : The proposed park on Carlsbad Blvd. will serve as a : ! buffer zone to the north and to the south. The spur line i ; referred to has always existed to the rear Of their propert I ty. It is possible that poles will be brought in and Will be i ; kept to the northeast of the property. It is not true that I i 200 to 300 trucks will be maintained at this center. The& : will be approximately 40 pieces of equipment. This facil-! i ity could not take 100 pieces of equipment. There Will be i
! approximately 5 employees working at this plant after : i 5510 p. M, Most of the maintenance work is done in San i : Diego, The Company has tried to present a plan for the i \ betterment of Carlsbad. We submit this Operating center: i is a necessity to serve the customers, and it is necess-3 ; to serve the consumer at the least possible cost. On i : behalf of the Company Mr. Devore requested that the ; i council allow this zone change to qperate-t~s fadtwo I
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D I The City Attorney requested that Mr. Devore present the i I precise plan for the Councilgs review, and stated this plan i would be known as Exhibit "A". The photographs pre- ,, I ,, : sented by Mr. Devore will be known as Exhibit "B '. and C .
I I ! : The precise plan was presented, which consisted of four ! i sheets. Mr. Davidson, the architect for the Company wab
! A scaled model of the proposed plant {which was set up in! ; the Council chambers) was explained to the Council by i : Mr. Devore. 1 I
I The City Attorney requested that the application filed by : : the San Diego Gas and Electric Company be read in full. i i The City Manager read the application in full. I 1
i The Attorney pointed out the Council is not required to ! : ask for rebuttal from the opposition. I I
i Mr. Kimball asked to be heard and the Mayor granted his: i request. 1 I
i lW. KIMBALL stated there is a letter from the Parks i : and Recreation Commission addressed to the Gas & I I i Electric Co. written in 1955, as he has a copy of the lettek. : Plants such as this are located in slum areas in Los I I i Angeles. The San Diego Gas & Electric Co. have stated : : this is a Public Necessity. This is something the Councig i will have to determine.
i The Mayor asked if any of the members of the Council ! ; wished to ask any questions? 1 I
I Cmn. Neiswender asked Mr. Devore if there were any i i stipulations made at the time the "I"' zone was approved, i
t and Mr. Devore stated there were none. I I
i The Mayor declared the hearing closed at 10: 25 P, M. I
i Cmn. Neiswender moved that Resolution No. 243 of the ! : Planning Commission be denied. 3e failed to see a publi4 i necessity for this facility, or that this would be for the ; ; public welfare, It is certainly incompatible with the sur- ; I rounding area. The creation of the additional traffic by : ; the trucks and the automobiles of the employees would i i certainly be a hazard. This high-class residential area i : would be damaged. Property values could drop 25%, whi& i would certainly make it more difficult to sell. Cmn. I : Neiswender referred to Page 348, paragraphs 36 and 37 i i of the City Code, under permitted uses for "M" zoning. : : In the light of these reasons he feit this zone change would I be detrimental rather than beneficial to the community. i
I 9 i The City Attorney informed the Council the next numbered ; resolution of the Council should be Resolution No. 823. ;
! Cmn. Neiswender withdrew his former motion and moved i I that fiesolution No. 823 be adopted, denying the reclassi- I
l fication of certain property in the City of Carlsbad. The : I motion died for lack of a second.
I I I I 1 Cmn. Eierce stated this proposition is very important to i : all the people of :arkbad, It has been stated there are : i 186 homes in this area; taking this figure and multiplying i i it by four would give approximately 744 residents in the : ; area. The Council has to consider 10,000 residents in : : making their decision. Personally he felt this was a case; i of public necessity and welfare. If a company operates ! i at a lower cost it benefits all of the people of Carlsbad. I ; Also he did not know of anything more important than tax : !
i present and explained the detaiis to the Council. 4 I
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h9P. :""""""""""""""""""""-"""""""""""""*"""""""-"""""" ""*", *. 1 ! I i revenue. Cmn. Bierce further stated he could be wrong i i but he doubts if any person in this audience tonight would i ; not protest this same plan if it were moved over 400 feet, : I which the Company could do without granting this zone ! : change. I
i Cmn. Bierce moved that the following resolution be adoptid:
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i deselution No. 823. A itESOLUTION OF THE CITY b : :i::i ;:ti:
I mCIL OF Tali: CITY OF CAALSBAD, APPitOVING. i I::*:
:I:;: i rm PAECISE PLAN OF THE SAN DIEGO GA.S AND : ::;:: ;:;;; :$:
I 33;LECTiiIC COMPANY FOA AM OPEftATING CENTER, i
i SUBJECT TO CEdTAIN CONDITIONS AND ZESTBIC- : i TIONS. I I !I!!: 1 I1
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i The motion was seconded by Cmn. Hughes.
I I ;::;; 1 @ i Cmn. Neiswender stated he did not like to be on the losing! ; end. The people who are interested in this matter are : i present here tonight. i3e failed to see how this affects the: ; rest of the people in Carfsbad. This is a representative : I Council of the people, and this matter should take conside& : able thought.
i structed regardless of the decision here tonight, wi#& no i : decorations, brick wall or park. He felt it would be more:
i beneficial tc, the Terramar residents to have a park, solid! i wail and all the other facilities, than to have the same : i installation moved back 400 feet without anything.
I I 1 L i Mayor McPherson stated the operating center will be con-: t
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4 i Resolution No, 823 was adopted. I
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;:;:: olution No. 824. A AESOLUTION CF THE CITY I I ;::I:
UNCIL OF Tim CITY OF CAdLSBAE ANNOUNCING ! Guevara I :x;xj :
: ZONE: CLASSIFICATION OF CEATAXN PROPEATY IN : McPherson: : ;x; ; i THE CITY OF CAdLSB4-D FiZOM Z,ONE 8-1 TO ZONE! Neiswender: i I :x! I "M", was adopted and read in full. ; Hughes ; It i :xi :
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i FENDINGS AND DECISION dEGAi3IXNG CflA.NGE OF i Bierce k i ;x; i
I * : The following ordinance was presented to the Council for i i a first reading:
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:!!I! i Ordinance No. 9123. A.N OnDINANCE OF THE CITY i I" l~~;i
: OF CAMSBAD AMENDING OrEDINANCE NO, 9060, I::*; i Guevara 'r i :xi i i CHANGING CEitTAIN DESIGNATED PAOPEitTY FaOM I Bierce I :xixi ; i ZONE R-1 TO ZONE "M", IN THE CITY OF I McPherson i I !x: i ; CAaLSBAD, was given a first reading by title only and ! Meiswender: : :x: ; r further reading waived. : Hughes i i :x{ :
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'I ! :!I:! j A short recess was called at l0:45 P. M. The meeting i : reconvened at I1:OO P, M.
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* (b) aedassification of certain property from Zone i
I I 1 mghway and Adams Street. Applicant: Francis J. Fopr. i 3-1 to C-2, located south side of Harrison Street between i
i Notice of hearing was reviewed by the City Manager. Cerb- i fication was given as to proper notice having been given to! : all the adjacent property owners, and that the Affidavit of ; i Publication had been received and filed.
i Ltesolution No, 248 of the Planning Commission was read I
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t had been received concerning this hearing. I
i The Mayor asked if the applicant was present and wished : I to speak?
I d i FMNCIS J. FOX, 4215 Harrison Street, stat$ he requesf- i ed this C-2 zone on behalf of four property owners. They: ; have been operating on a conditional use permit for four i i years. It is their plan to spend additional monies, and : ; under a conditional use permit it is a worry due to the fac{ I the city could curtail their movements at any time. He I ; feels sufficient time has elapsed to show that this area cai i only lead to a very good business area. It will be neces- I ; 'sarpto have sewers before too much improvement can be ; i made. In his opinion there is only one recourse for this i ; area and that is C-2 zoning, $ : Cmn. Bierce stated he was certainly aware of the probled i these property owners face along the lagoon. However, it: : would seem to him that if the R-T zone permitted uses : i were amended to include cocktail lounges it would be a i : much more satisfactory zoning for this area fronting the : i lagoon. Cmn. Bierce asked Mr. Fox if he would be will- i : ing to have his property zoned R-T? 6
; Mr. Fox asked if A-T zone allowed multiple dwellings? I
: Cmn. Bierce reviewed the permitted uses under the R-2' : i zone, which included multiple zoning, and stated he felt : : R-T zoning was a natural for the shore line, as he invisids i this area being simular to that of Newport Beach and I : Balboa some day. I
: The City Attorney was asked what the Councilts action : i should be if the Council decided to change this zone to L3-lfP : The City Attorney informed the Council since the R-T zon? i is more restrictive than a C-2 zone they could act on this : i matter tonight; however, since their decision would be I : different it would have to go back to the Planning Commis-: i sion for their consideration. I
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I I I . I i Mr. Fox was asked if he wished to sell on-sale liquor or i ; off-sale liquor, and he stated he wished to sell both. I
: Cmn. Guevara stated he was not in favor of the sale of i i off-sale liquor in this area, however, he did feel it would i ; be better to zone the entire area it-T instead of having : i spot zoning. t
i It was pointed out that people purchase liquor elsewhere i ; and bring it down there, then the owners have to clean up : i after them and they are not receiving any revenue from i I the sale of the liquor. 8
: WHITEY GLISSMAN, stated he owns the property at 4509 i i Adams Street, and he is up against the same problem. Wd, i have a very short season and our taxes have raised to the ; : extent that the normal take does not cover the taxes. It i I is their feeling the time is nere for improvements. Why ; : should they have to clean up after the people when they do i i not receive any revenue? C-2 zoning is the only zone that! : they can sell off-sale liquor.
i Mr. Fox requested that his request be granted as submit- I : ted. He would like to establish something permanent, such i as a yacht club, restaurant, etc. He would like to rezone i i this for the future, a
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I The Mayor declared the public hearing closed at 11: 36 l?. $5.
i Cmn. Bierce stated that liquor is here to stay and the i : number of licenses are contrcilled by the State. It is a : i good question as to whether Mr. Fox can obtain a licende i
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:!!I! 1 8 b. l~;:i i Kiter furthw consideration, by motion of a,e auncil the ! Guevara : i ; 11 I xi i City Attorney was instructea to amend the &T zoning : Bierce . k I :x: 1 ; permitted uses to include on-sale and off-sale liquor sale&McPherson : : i i i
I I # I Neiswender: : !x: 1
I I : Hughes i4 :xi I
I I ::I4; I ! Also by motion of the Council it was agreed that the re- i Guevara ; : ; i xi I quest for reclassification be changed from Zone R-1 to i Bierce x: !xi ~ I Zone R-T, instead of Zone Et-1 to Zone C-2, and that the : McPherson i : ;x; i matter be referred back to. the Planning Commission for i Neiswender; : )xi : their review. ; Hughes It' 1 'x :x:
t 1 ::;I, ! Cmn. Bierce stated he would like to rescind his first mot& i:::: i concerning the amendment to the R-T Zoning, and submit ! i the following resolution for the Councilts consideration: : ::::I
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I ;:;:; i Resolution No. 827. A RESOLUTION OF THE CKTY :
I CIL UF THE CITY OF CAALSBAD, STATING i ::::;
@It:; : THEIR INTENTION TO AMEND ORDINANCE NO. 9060, : :::;I i SECTION 900, BY ADDING SUBSECTION (5) TO IN- i Guevara l I iq ;xi ii' I
i CLUDE RESTAUiUNTS, BARS AND COCKPAIL LOtTNGf Bierce k 1 !x: i : ES (On-sale liquor) AND LIQU0,Z STOitES (off-sale) ; McPherson : : ;xi 1 i UNDER PERMITTED USES IN AN R-T ZONE, was I Neiswender i i !x; I ; adopted by title only and further reading waived, i Hughes It I :x;x i I
I (c) Reclassification of certain property located on ! ;:::I :::I: i the east and west side of Carlsbad Blvd., commencing I I 1::;
: 700 feet south of the bridge and extending southerly 1000 I i:::; ;::It i feet, from Zone &-A and 3-3 to Zone R-T. Applicant: I :It:: 11
; I Paul Ecke. t I ::I:!
I ;:I:I i Notice of public hearing was read. Certification was giveti :::;:
i as to proper notice having been given to all the adjacent I :!:':
; property owners. The Affidavit of Publication has been ; i;:ii i received and filed. f 1s ,sf:l
I 4 t :::I: 1,11 i ihesolution No. 249 of the Planning Commission was read <n i;:!:
! full by the City Manager, wherein they recommended re- : ;:'I: ;:::; i classification of the property as requested. 4 I :::
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8 ::'I; 1 The Council was informed there was no written corres- i la:1 :;I:: : pondence received concerning this matter. I I ::i;i
:'SI: i The Mayor asked if the applicant or his representative wai 1::;;
: present and wished to speak? I I I-::
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l 1:;s: ! GENE LUEDERO, 4235 Harrison Street, stated the issue I :;I:* i before the Council is the reclassification of a strip of land: ::::;
: on the west side of Carlsbad Blvd. and the east side of i ::ii:
:e,,* i Carlsbad Blvd. fronting on the lagoon. 8-3' is the only : i;; It; : practical zoning for the beach area,' Mr, Ecke's property i 1,:: i:: i is different from most of the properties as his deed shows! pi:: : the property line being 100 feet out into the water. This ; ::it; i reclassification includes the frontage on the beach as well { 1:::: ::::(:
i Ecke is interested in developing is on the lagoon. Mr. I I !:::I
i which would be located on the lagoon portion of this properk ,I::: :ii:i ! ty in question. On the beach side the area is being used : :SI:; I for recreational purposes but is not zoned as such. I ;::'I
I I 4 1;::: i Mayor McPherson questioned the Engineer concerning I I::!:
1 ;:::: : sanitary facilities. I :::I:
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; as the lagoon. At the present time the only portion Mr. : 11
i Luedero stated he is proposing to put in a mobile bait shop! ii ;;;
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1 I :::;I 1 Mr. Luedero informed the Mayor that for what they anti- i ::;*I
411;l : cipate this year, sanitary facilities are not a necessity. : I:::; I However, prior to any permanent buildings being constru4t- $11;
1:::: : ed there w-ould have to be sanitary facilities available. : ::I:'
I tly i The Mayor declared the public heariqg closed at 1 1:45 P. b. :j:;~
:::I, 8 :;;:: i Tbe following resolution was presented for the Council's i ::::; 1 i consideration: I I ::
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I ;;q esolution No, 826, A aZESOLUTION OF THE CITY : ,:*I ;I::: I FINDINGS AND DECISION REGARDING CHANGE OF i Guevara ; :xi 4 ; ::::i
; ZONE CLASSIFICATION OF CE&TAIN DESIGNATED : Bierce :x: :x; ; I PlZOPERTY IN THE CITY OF CARLSBAD FROM Zone4 McPherson! \ if i : R-A AND 8-3 TO ZONE it-T, was adopted by title only I Neiswenderi : ;x: i i and further reading waived. i Hughes
I 1l::l I The following ordinance was presented for the Council*s i ::::: I review: I I :!;I; *I1 :;;:; i Ordinance No. 9130. AN ORDINANCE OF THE CITY : :::::
;ab:' I Guevara :xi i XI i : CHANGING CERTAIN DESIGNATED PROPERTY IN i Bierce * : !x; i ! THE CITY OF CARLSBAD FSOM ZONES K-A AND i McPhersonf i ;xi ; i 8-3 TO ZONE R-T, was given a first reading by title : Neiswender! :x: x; I : only and further reading waived. i Hughes i ; !xi ;
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: ties and overnight camping on property located on the east- I' I:::: 1
; westerly portion of the center bay of the Agua Eiedionda : i::;: i Lagoon. Applicant: North San Diego County Y. M, C. A. i :ii;i ::':I I The City Attorney informed the Council it would not be i i necessary to hold a hearing on this matter as there had : ,rll: : been a misunderstanding as to the correct zoning of this : i property at the time the notice was published. This prop+- ; ty is in an R-A zone and therefore will not require an or- : ;::;:
$11; I dinance granting this conditional use permit, as only I t I;;:; : properties included in R-1, R-2 and R-3 zones require ani I:::: f ordinance to allow these particular uses. 1 t :::::
I a'*; I RATIFICATION OF BILLS AND PAYROLL:
i aatification of the payment of bills was given for the : general expenses of the city in the amount of $6,465.72 i Guevara : jx:x: ; I and for the Water Department in the amount of $9,251.46,: Bierce :xi :x: i : for the period May 15, 1962 to June S, 1962, as certified : McPherson I : !xi ; I by the Director of Finance and approved by the Auditing : Neiswender! i ;x: I ; Committee. 1 Hughes : : !x! ;
i Ratification of the payroll was given for the second half i Guevara : :x :xi ; 1;1t:
i of May, 1962, in the amount of $14,769.70, as certified I Bierce i i :x: i : by the Director of Finance and approved by the Auditing : McPherson : ; !X: ; i Committee. I Neiswender: i :x: :
I ; Hughes $ ; :x: i i ADJOUltNMENT; : I II:;
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1 :::;I i By motion of the Council the meeting was adjourned to I Guevara i i !x; i : Thursday, June 7, 1962 at ?:OO P.M. in the Council ; Bierce st: :xi ; i Chambers. i McPherson I I !x: i
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CIL OF THE CI'TY OF CAritLSBAD, ANNOUNCINC~;
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I I CARLSBAD AMENDING ORDINANCE NO. 9060,
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I I (d) Conditional Use Permit to allow aquatic facili- i ::!!;
i erly side of the A. T. & S. F. %ailway right-of-way and th4 11:::
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1;1'1 i The meeting was declared adjourned at 12:07 A. hr€
i Itespectfully Submitted, 1
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i Deputy Citv Clerk 1)1*1
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