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HomeMy WebLinkAbout1956-02-07; City Council; Minutes>. the month. of .January, 1956, as certified by the City Clerk and approved by the auditing. committee. Seconded by Cmn. Robinson, All ayes, motion ' carr5ed. Upon proper motion .by Cmn, Helton, duly seconded by Cmn. Castorena, the meeting was adjourned at lot58 P. M. Respectfully submitted, S /sgd/ M. 0. EWALD City Clerk I """""""""""""-."""" m MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL February 7, 1956 The meeting was -called to order at 7:06 P. M. by Acting Nayor Castorena. present besides,the Acting Mayor were Councilmen Robinson, Sutton, City Manager Nelson, City Attorney Smith and City Clerk Ewald. Cmn. Helton was present after 7t12 P. M. The minutes of the meeting of January 17, 1.956, were read and discussed with'minor correction noted. Cmf~. Robinson moved the:minutes of the 0 meeting of January 17th be approved as corrected. Seconded by Cmn. Sub -.) ton; All ayes, motion carried. e Correspondence was read by City Clerk as followst ra 3j (1) tetter dated February 2, 1956, from. Duane Wheeler 6 Company regard- ing Municipal Election slated for April 10, 1956, forwarding'resolution to be adopted, by the Council requesting the Regidtrar of Voters of San Diego County to render specified services * to the City ~ in connection with the general municipal election. Ci-ty Attorney Smith informed the Coun= cil that he had examined the resolution and found it to be in order and instructed the amount should be inserted prior to its adoption. City Clerk read number and title .of this Resolution No. 197. Cmn. Robinson moved:the adoption of Resolution No. 197. Seconde-d by Cmn. Sutton., Roll ,call vote: Sutton, aye; Robinson, aye; Acting Mayor Castorena, aye; three ayes, no noes, absent, Mayor Ede, Cmn. Helton, Resolution adopted. (2) ' Copies of letters from Assemblymen Luckel and Chappell relative to visit of Carlsbad site of proposed harbor, scheduled for February 13th, .' 14th and 15th. City Clerk Ewald informed the Council arrangements have been made for the committee to visit on February 14th, with representa- tives of the City to meet with them at the City Hall at .10:00 A. M., and that Mayor Ede has suggested as many members of the Council as possible be present. Glenn Feist, president of. the Carlsbad Chamber of ' ' Commerce, was present- and in-formed the Council that .&letter, has been written to the San Diego Gas and Electric Company asking that they plan to have 8 representative present, ,. Mr. Feist al-so called the Counci1,ts attention to the fact that since the lifting ofthe restriction on the funds for the harbor ~ survey no progr,ess has been made and the indication is that Mr. Patterson. is not anxious to take, over this survey. By common consent the Council instructed the City Manager. to follow through on the matter so that .action on the survey may I . be speeded up. - (3) Letters from the Chamber of Commerce, dated February 7, 1956, op-' posing the placement of power poles on Elm Avenue and submitting infor- mation on the proposed lighting district . Chairman Edward Kentner was present and reported he has obtained 58 signatures supporting the C lighting district for the Elm Avenue area and requested the City At- torney to study the law and give alternate proposals under which such a district could be formed. He stressed the fact that persons signing these petitions are only interested directly for underground ornamental I - lighting in .the area. City Manager Nelson reported. he had talked with Mr. Paul1 Evan's, repre- sentqtive of the San Diego Gas and Electric Company, and he had agreed to take these power poles off Elm Avenue. He explained that in order to change the wiring- in the Freiburger building, which is presently wired for the front, will involve.-approximately $300.00 and the Gas and Elec- tric Company does not wish to pay for it.. City Manager will discuss the matter further with the Company in an effort to have the poles removed and temporary service installed in order to give the City time to work , out, any possibl.'e alternatives. Acting. Mayor Castorena opened the hearing an the application of Mr. Joe L, Morales for reclassification from Zone R-2 to Zone C-1, of property de- scribed as Lots- 23 and 24, Block 41, Carlsbad Townsite, located at 3237 Madison Street,, City Clerk read Madison Street. City Clerk read. "Notice of Public Heari.ngfl and reviewed the'mekorandum from the Planning Commis- sion recommending denial of the application for the reason that such re- zoning would constitute flspot zoningH. A repart submitted by Gord.on Whit= nall Associates3 was read and discussed. Mr. Morales was present in sup- port of the application and was represented by Mr. Wilber Ocenfels, who requested the Council to consider, rather .than "spot zoning", the rezon- ing of the entire three blocks along Madison, extending from. Elm Avenue to Chestnut Avenue. A petition, carrying forty-nine supporting signa- tures of residents of the area, along with a statement which was pre- , sented for signature, was submitted for the Council's consideration. Mr. Ocenfels pointed out that the. Woman's Club is presently located on the corner of Madison and Elme Avenues and informed the Council that other, residents of the area -have indicated they are interested in estab- lishing busineglses in the Madison Street area in the future. Chairman Stringer of the Planning commission was present and advised that 'the request was d.enied on the grounds that it would constitute *spot zoning". and emphasized the fact- that the Commission has been con- stantly uniform and opposed to "spot zoning" which would devalue adjoin- ing property. It was suggested that thee zoning could be accomplished by moving across the alley to the C-1 zone shown on the new zoning map, 1-ocated on the SW side, of Roosevelt, but Chairman Stringer informed the Council that, rather than enlarging on the C-1 zone on the proposed map, the Commission is working towards deletion.of a portion of it. City At- torney clarified a portion of the Whitnall report, stating that, while "spot zoningw is entirely legal, it is a question of wise planning and advised the Council that they may feel free to do so legally, Cmn. Sut- ton offered thfr suggestion that the matter be referred back to the Com- mission and that they endeavor to see how close and what pattern the parcels .coveredt,:By the signatures on the petition 'presents on the map and if such a check shows that the majority of the property owners de- ' ' sire. such a zone change from'their pwn'land use, the" Planning Cominission rev.iew it with a view towards wider zoning. Chairman Stringer pointed , out' that the commercial property, in that area is supposed to, be taken ' out, not to be extended. Mr. Ocenfels pointed out the residents are looking ahead t,o future growth in Carlsbad and there will be a need for expanded businems area. He made note of the fact that such zoning would not infringe on the residential area as the Pine Street School ex- .tends behind the property and would prevent any further zoning to that distric$. It was pointed out that it would be possible for the Planning Commission, at their own initiation, to expand the application and rezone the entire three blocks. Cmn. Sutton moved that, in view of the fact of n.ew signatures that have been presented, the Council refer the mat- ter back to the Planning Commission for. further study at their discre- tion. Seconded by Cmn, Helton. All ayes, motion carried, Chairman Stringer requested that a directive on the matter be sent to the Commis- sion with excei'pts from the minutes on the discussion held. City Clerk read "Notice of Public Hearing" on application of the City of Carlsbad for sliecial use permit to allow construcetion and operation of a sewage disposall plant in a C-l zone. City Clerk reviewed the-memorandum submitted by the Planning Commission recommending approva,l of the applica. tion. There were no protests. After discussion, Cmn. Sutton moved that the special use permit, 'as requested by the City of Carlsbad, be granted. Seconded by Cmn. Robinson, All ayes, motion carried. Comm. Stringer informed the Council the Planning Commission is consider- ing changing the regular meeting dates from the 2nd and 4th Mondays to .the 2nd and 4th Tuesdays. Members of the Council expressed their ap- proval of such a change in schedule. I)iscussion was resumed on the installation of power Poles on -Elm Avenue* ?embers of the Council indicated they would like 60 see as few Poles as possible on Elna Aven*ue and the City Manager was instructed .to COnfei? with &e Director of Public Works, Dr. Freiburger and the Sari Diego Gas and Electric Company, requesting that the Company hold the matter in abeyance until a satisfactory solution can be reached. Mrs. H, Baumgartner and Mrs. R, Brookhart were Present, representing the Junior Woman's Club, and requested the Council's permission to allow the Club to use the proceeds from the pageant which the Club is Presenting during the Spring Holiday Festival, for purchase of playground equipment I 3 =4 '3 ; 5 I I c for Hqliday Park, President of the Chamber of Commerce Flenn Feist re- quested they contact the Chairman for the Festival, Mr. Edward Prout , and assured'them' that the matter will be worked out to' their satisfac- tion. Mrs. Lena Sutton, Chairman of the Mayor% Water Committee, and members of the Committee were present and it was announced .that t,he group has adopted a change of policy and have unanimously agreed, that the City should make an agressive attempt to purchase both the Mutual and Terramar Water Companies and that funds for such purchase be covered by a bond issue,, City Manager Nelson alsq informed the Council it was the recom- mendation of the committee that funds to rehabilitqte the Company would also be included in such a general obligation bond issue. City Clerk Ewald asked if it was the thinking of the committee to enlar,ge the stor- age capacity of the Mutua$ and, upon the stakemen%: of Itha CRaiMan that the matter 'had, not been considered, he stated that one' of the two agen- cies should. consider. this possibility. Mr. Cannon, owner of the Terramar Water Company, expressed his willingness to consider sale of the Company with the plan that outside appraisers be employed and ,a proportionaft;& amount be paid for each company. He stressed the fact that a plan should be worked 'out whereby the faCilities of the company could be expanded and make the company financially -secure, Cmn, Robinson, a member of the Mu- tual Board of Directors, informed the Council that time is of the essence and that the financial condition of the Mutual Company is such that if some decision is not forthcoming in the near futare, the directors will be forced to levy another assessment, It was his suggestion that a meet- -ing be held to actively discuss the matter in order that the proposition could be presented to the shareholders at their annual, meeting scheduled for March. City Attorney Smith p.ointed out that, in the evept the facts were not available for this meeting, the voting on the proposition by the shareholders. could be conducted by mail. City Cle'rk Ewald, a direct- or of the Municipal Water District, explained the Bornid has established a policy of wholesaling water and it was his opinion that the Municipal Board .would withdraw their offer if the City wishes to purchase the Com- pany, Council should indicate whether or not they wish to buy the com- pany and then meet with the Municipal to see if they will withdraw their offer. It was pointed out that the Municipal will also require a bond election to fipance a line to the aqueduc$ and it. was ;suggested that the two elections be scheduled for the same day. The City Attorney advised i't would be possible to hold the election on the same ,day although there might be the problem. of different precincts, It was the final decision of the Council that. agressive steps would be taken to ;purchase the Mutual and Terramar Water Companies and ,that. the. City Manager should outline his program for personnel and. administration to be presented at a joint meeting w.ith the Mufual Board, Municipal Board and Maym's Committee. Cmn. .Heltan moved that the Council ,adppt a. policy of agressive action towards the acquisition of the Mutual Water Company and %he Terramar Water .Company and to proceed as recommended. by the Mayor's Water Commit- tee. Seconded. by Cmn, Sutton, Roll call vote: Sutton, aye;. Castorena, aye; Helton, aye. Three ayes, no noes, absent, Mayor Ede, Cmn, Robinson abstaining ffiom vobing dpe to official connection with the Mutual. Mo- tion carried. .An ,adjourned meeting was scheduled for 7t00 P, M. Tuesday, February 1.4, ,1956, with representatives of the various groups requested to be present to further. discuss the proposed purchase of the Mutual and Terramar Water Companies. The meeting was'adjourned for a short recess. at 9:22 .Po M, and was re- convened at 9:40 P, M, PLANNING COMMISSION. Memorandum from the Planning Commi.ssion, ,dated February 7, 1956, recommending the City take steps towards acquisitipn of the beach frontage existing within the following boundaries= North- erly boundary, the inlet to the lagoon; Easterly boundary, Carlsbad Blpd.; Sou,therly boundary, Tierro del Oro; and Westerly boundary, State Beach; such property to be acquired for recreational purposes. C,m. Robinson moved that the City Manager be directed to investigate the possibility 'of purchase or lease by the State Lands Commission, or the City, of this prpperty, whichever looks like the most logical solution. Seconded by Cm, Sutton.. All ayes, motion carried. I ,., City Manager Nelson informed the Council of a request' for removal of the fruit stand located on City-owned, property located on the triangle at Lincoln Street, Oak Avenue and Carlsbad Blvd. , for' which a permit has been issued to Mr. Virgil Hoover. Request has been made by Mr. Patterson, .owner of property .lying directly East, on the -grounds that .. I- " the fruit. stand structure and operation has devalued hiLs property. Mr. Hoover wa's present and explained that the entire parcel is now being leased .to Mr. Chapman, who is operating the restaurant located on a por- tion of the property, and he in turn is sub-letting the property for the fruit stand. Mr. Hoover indicated his willingness to accept the canctl- lation of the permit but requested a reasonable period of time be ghen for compliance. Cmn. Robinson-moved that the permit on th6 City property located on the triangle at Oak, Lincoln and Carlsbad Blvd, , be canceled and a new permi.t be -drawn- up, with terms to be worked out with the City Attorney, and t,hat a ninety-day period of time be given for compliance, with proper signatures to be authorized. Seconded by Cmn. Sutton.. All ayes, motcion carried. "i.s. Jane Sonneman was present and inquired about the drainage problem existing on Wal.nut Street near the Apex Market. City Manager was in- structed to look into the matter and call it to the attention of the Public Works Department . PARK AND RECREATION COMMISSION. City Clerk read memorandum dated Febru-. arv 7th from Pa:rk and Recreation Commission, recommending the Cocos Plu- mosa as the replacement tree for Elm Avenue; City Manager Nelson point- ed out that, af.ter the widening of Eelm Avenue, there remains- only eight . ,. feet for sidewalks and placement of trees, Members of the Council were generally agreeid that the trees ,must be replaced due to the fact that the policy of replacement of the trees was set at the time removal was authorized. Cmn. Sutton moved that. the Council accept the recommenda- tions of the Pvk and Recreation Commission and that the Commission pre- sent to the Coulncil a landscape planning for Elm Avenue. Seconded by Cmn. Helton, Tlhree ayes, no noes, Cmn. Robinson abstaining fram voting, stating he is in favor of trees but not the Cocos Plumosa variety. Mo- tion carried. City Clerk read recommendations from the Park and Recreation.Comission on action taken on requests for, tree removal. After discussion, Clan. Helton moved the Council accept the recommendations of the Park and+ Rec- reation Commission and authorize the removal of the trees listed, with the cost of the removal of the Century Plants to be at the Owner's. ex- pense. Seconded by Cmn, Sutton. AI1 ayes, motion carrie.d. POLICE DEPARTMIST. City Clerk read the monthly report .from the Police Department for period January 1, 1956, to January 31, 1956, inclusive. Arrests.. . e . . . . . . ,? Accidents . . . . . . . . . . .6 Traffic Citations Issued. . . .62 General Cases . . . . . . . . 197 Cmn. Castorena called attention to the fact that the Police Department is faced with a dog control problem and is receiving numerous compladnte each day ..and poihted out that the Humane Officer operates out of Escon- dido and there is no routine patrol of the area. He informed the Coun. cil that the problem is becoming a very serious one which wall require some definite action in the near future. City Manager Ne1.s~ informed the Council that the Chief of Police is de- sirous of replacing the Ford patrol car, due to high maintenance costs, and is investigating the possibility of a transaction with Weseloh Chev- rolet Company whereby with the initial payment of $1600.00, and a payment of $400.00 every six months, the Department would have a new car at each six-nonth interval, which would greatly decrease maintenance costs a* FIRE DEPAR-TMENT.. No report was submitted by the Fire Department but Cmn. Castorena briefed the Council on the various classes and insipctions which are being conducted by the Department. City Manager Nelson reported notice has been received from Mr. Byrl. D. Phelps, City Engineer, with final approval and inspection of the Elm Avenue improvement. Cmn. Robinson presented the question of the approach- es to the: streets which were black-topped in the final job and asked should they not be concrete, as required in most cities. The Council recognized the fact that this may be an important factor. in future paving in the City and that a policy should be established. Cmn; Helton, City Manager Nelson and City' Attorney Smith were instructed to study .the mat- ter and report black to the Council. City Manager reported receipt of a communication from the firm of Brown and Caldwell in response to notification that they had been selected to I: .. 2. .::* ; 3 .,'a -4 .--L ..~. x> I i I. conduct.. the sewage survey in .the City, They are very appreciative of the Cm.ncil*s action on their proposal and. expect to commence the survey about April 1st.. Second reading was given Ordinance No, 2021, adopting amendments to the 1953 Fire Underwriters'' Code, Cmn, Robinson moved the adoption of Or- dinance No. 2021. . Seconded by Cum. Sutton. Roll cail vote: Sutton, aye:;:.Robinson, aye; Castorena, aye; Helton, aye; absent, Maycr Ede. Four ayes, no noes, motion carried, City Manager Nelson informed .the Council that the committee assigned to study revision of the sign ordinance has reviewed same and have made several recommendations, deletions and additions and,that the City .At- torney will' submit a draft of the revised ordinance at the next meeting. Communication ha's 'been received .from the. State Division 6.f" Highways, 'ad- vising that they have one more interested party in the sale of the ex- cess parcels in the City and- City Manager Nelson informed .the Council that he felt that a figure'of $100.00 would be an acceptable figure for the remaining parcels, By common consent the City Manager was authorize to .negotiate with the State for these parcelq, with the -amount to be .left to his discretion, City Manager informed the Council that the City has &en offered the services of a student mastering in business administration at San Diego State College. He will be at the office two days a week and is current- ly revising the filing system for the City. No reimbursement is re- quired on the part of the City but members of the Council agreed that payment of the cost of transportation to and from the City would be: ad- visable as a token of appreciation for the services rendered. Cmn. Rob- inson moved that the City provide reimbursement for travel expenses in the.amount of $20.00 for this student, regardless of where he travels from at the present time, Seconded by Cmn, Sutton. ,All ayes, motion carried. City Manager Nelson requested the Council's permission to attend the California League of Cities' Convention scheduled for February 29th, March 1st and 2nd, at the Disneyland Hotel at Gardeq Grove. By common consent authorization was given. The possibility of extending the State Retirement Plan to other employee of the City was discussed, By common consent, the Council authorized th City Manager to request an actuaries report on the-cost for, other em- ployees of the City. Acting Mayor Castorena reported that the question of the proposed change of the offices. of City Clerk and Treasurer, to an appointive status, had been discussed. with City Treasurer Pace and he has indicated that he does not favor such a change. The matter will be discussed -further at the meeting of February 21st when Mayor Ede can be present .to inform the Council of Mr.Pace's views on the proposal, City Manager Nelson 'requested the Council's approval on the final bill of Cox Brothers Construction Company, on the date of ~ receipt, so that. payment will not be delayed, Cmn. Sutton moved the payment of the bills.from January 17th to February 7th, in the amorpnt of $5,011.68, as approved by the auditing committee and certified by the City Clerk, Seconded by Cmn. Robinson. .All ,ayes, motion carcied. Cmn. Sutton moved payment of the Cox Brothers Construction Company bill at the time it is received for the reason that it is good business prac- tice. Seconded by Cmn. Helton. All ayes, motion carried. Cmn, Sutton imoved ratification of the payroll for the second half of January, 1956, Seconded by Cmn. Helton, All ayes, motion carried. There being no further business tocome before the Council, Cmn. Sutton moved that the Council adjourned the meeting to one week from tonight, February 14, 1956, at 7rOO P, M, Seconded by Cmn. Helton. The meeting was adjourned at 11:Ol P, X, Respectfully submitted, S /sgd/ M, 0. EWALD, City Clerk -"""""""""-"---------"""""~"- MINUTES OF ADJOURNED MEETING OR THE CARLSBAD CITY COUNCIL February 14, 195fi The meeting was called to order at 7t11 P. M. by Raymod C. Ede, Mayor. Present besides the Mayor were Councilmen Castorena and Helton, City Man- ager Nefson, City Attorney Smith, City Clerk Ewald. Also present were members of the Municipal Water District Board of Directors, Directors of ,the Mutual Water Company, -and members of the Mayor's Watetr Study Com- mittee. Cmn. Rolbinson was present after 7t30 P. M. Absent: Cmn. Sutton. City Attorney Smith presented Ordinance No. 6027, imposing a City Sales Tax and providing for enforcement of same by the State Board of Equaliza- tfon. He bri.efly reviewed the contents of the ordinance for the inform- .ation of the Council. Cmn. Castorena moved the adoption of Ordinance No.. 6027 and thart, with the reading of title and number, this constitute .first reading, !Seconded by Cmn. Helton. All ayes, motion carried. Resolution No, 198, urging the Board of Supervisors of the County of San Diego to adopt a County Sales and Use Tax Ordinance, was read and discussed. Dmn. Helton moved the adoption of Resolution No. 198. Seconded by Cmn. Castorena. Roll call vote: Helton, aye; Ede, aye; Castorena, aye; three ayes, no hoes, absent, Cmn, Sutton, Cmn. Robinson. Resolution adopted. Discussion was opened on the proposal of the City for the purchase of . , the Mutual and Tsrramar Water Companies. City Attorney Smith summarized recommendations contained in athe verbal report which was presented by the Mayor's Committee to the Council at the regular meeting on February 7, 1956, after which City Manager Nelson explained favorable action was taken by the Cou~ncil at that time and it was felt an invitation should be extended to the Municipal Board and Mutual Board, along with members ofthe Mayor's Committee, to discuss which would be the better group or agency to assume operation of the companies. . President Fry, acting as spokesman for the Municipal Board, indicated the Board's willingness to withdraw their offer for purchase of the Mu- tual in the event that the City takes agressive steps towards the acquis- ition of the .Mutual, He stressed .the Board's policy of wholesaling , water only, stating that the primary objective of the District is to ge,t water from the aqueduct to the District . He pledged the Board's support in the City's acquisition and integration of the companies and- requested that the City give support to the Municipal election for the pipeline to the aqueduct. Mrs. Daun Gilletke, a representative from the North Carlsbad area, called attention to the fact that the North Carlsbad area has been assured of a water supply, in the event that the area chooses not to annex: to Ocean- side. City Attorney Smith confirmed this fact and informed the Council that legal provitsions would be made to see khat the North Carlsbad area is protected. Director Zahler iinformed the group that the Municipal Water District comprises 22,000 acres and aslied what the City plan is in regard to sup- , plying water to ;areas outside the City limits. City Manager Nelson .ad- vised it is anticipated that if the City acquires the Mutual and Terra- . ' mar Water Companies, the City would distribute water only to Terramar and areas presently serviced by the. Mutual. City Attorney Smith advised that areas outside the corporate 1imit.s of ?the City, desiring to be ser- viced, would be obligated to take care of the cost of the pipelines and to pay a service charge to take care of the cost to the City. If using City lines, would be obligated to pay for the use of the line. Director Rogers called attention tothe fact that the Mutual boundaries extend -three miaes inland and the Mutual is also obligated to service these areas if requested by property owners in ,the area. Director Kelly - ,. pointed out that the high cost of bringing water to the dry lands would discourage any. request for service in those areas lying outside the .City limibs. In the event of any subdividing of parcels, the area would automatically annex to the City and agricultural areas would form an im- provement district and come to the Municipal Water District for water supply Mutual Director Engels stressed the importance ,of the City bid being at- tractive enough to be acceptable to the shareholders in the evbnt that other offers should be submitted, He pointed out that the highest cash bid should take priority, calling attention to the fact that if a pri- vate owner utility gpoup should come in and make another offer of cash for the firms outright, it would be a more attractive offer than preecnt- 1Y offered bY the! City. Mrs. Gillett emphasized that from an economical February 14, 1956 Mr. Virgil Hoover 3162 Carlsbad Blvd. Carlsbad, California Dear Mr, Hoover: At the regular meeting of the Carlsbad City Council held on February ?, 1956, the question of your permit dated October 4» 1955* regarding certain buildings at the corner of Carlsbad .Boulevard, Lincoln Street and Oak Avenue I was <*i»cusaed. At the request of a property owner on Lincoln Street, tho City Council has cancelled this permit, as provided in Paragraph #4 thereof. It was made a condi- tion of said cancellation that you be given 90 days from the date of the Council meeting to remove the of- fending structures. The City attorney was requested by the Council to prepare a new permit providing for the encroachment of the restaurant only. Very truly yours, HERBERT E. KELSON, City Manager HENtV