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HomeMy WebLinkAbout1957-02-05; City Council; MinutesCrnn. Baird reported on an informal meeting between City Manager Nelson, Mayor Castorena and himself with Mr. Paul F3ck.e re: possible acquisition by the City-of Terramar Water Company, in which they found Mr. Ecke very receptive to the idea, with certain considerations. He stated Mr. Ecke's paramount interest-.was not the money involved but. receiving as- surance that he. would.lose none of his Zrrigating rights, .and that his cost would not increase to the point where he cannot economic-ally raise his flowers. He stated the City would acquire the right to pump 400 acr feet of water per year from two or three wells, approximately 50% of which is now taken by Mr. Eckes, and would be obligated to construct goo ! lin,es to the Gas Company, which is becoming a large user. Mr. Bcke stat ed he could take his water at such a time that it would not interfere with transportation of water for domestic use. I . Mr. Nelson. suggeste'd that if the Council wishes to Rroceed,. expert advic from the man who made the appraisals be obtained for 4 dqy or two; and the City Attorney recommended that tho services of a good water attorney be secured, to which the Council agreed. Can.. Baird moved that further discussions be arranged as speedily as possible with Mr. Ecke and Mr. Cannon re: acquisition of Terramar Water Company, and that the C.itg Man- ager be authorized to hire a consulting engineer and consulting attorney the. charges to be made against the contingent fund. Seconded. by Cmn. Robinson. A11 ayes, motion carried. Cmn. Raird was asked to take an ac tive part in the negotiations, along with Mr. Nelson and Mr. Smith. w rig F+ Referring back to the recommendation of the Park & Recreation Committee q ,re: the two pine trees on Roosevelt Street, by common consent action was =e deferred until the meeting on February 5th, to give opportunity for fur- CJ ther engineering and survey work. 1. Cmn. Baird moved authorization of payment of .bills from January 2nd to lsth, inclusive, amounting to $1873.98, as certified by the City Manager and approved by the Auditing Committee. Seconded by Cmn.. .Robinson. A11 ayes, motion carried. Cmn. Baird moved ratification of 'the payroll for the first half of Janu- approved by .the Auditing Committee. Seconded by Cmn. Robinson. All aye motion carried. ary , amounting to $5,221.94, as certified by the Director of Finance and The meeting was declared adjourned at 1O:lO P. M. Mspectfull submitted, - &,"= NATALIE VERMILYEA ,v Deputy City Clerk "~'"""""""""~""""""" -8 MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL Febcuary 5, -1957 Meeting-called to order at 7:OO P. M. by Mayor Castorena. Present be- sides the Mayor were Counci.lmen Baird, Ledgerwood, Helton, Robinson; City Manager Nelson, City Engineer Kubota, Public Works Director An- thony, City Attorney Smith.. Cmn. Ledgerwood moved approval of the minutes of the meeting of January 15th as submitted. Seconded by Can. Robinson. All ayes, motion carried City Manager Nelson announced that two -bids on the Lincoln Street im- provement had'been received, as followsr (1)' Darwin Transportation & Contracting Co., Solana Beach - $8,412.85. (2) R. E. Hazard Contracting Co., San ,Diego - - - - - - - - 8,175.09 After reading, item by item, the bids were referred to the City Attorney and City Engineer for checking and recommendation later in the meeting. I WRITTEN CORRESPONDENCE. (X) Letter from the Carlsbad Industrial Development, signed by C. D. McClellan, dated January 25, 1957, re: proposed- industrial subdivision qnd annexation of lands south of the south city limits, urging that an- nexatio&roceedings be pressed, and asking that the City negotiate for frontage #roads on both sides of the proposed realignment of the Freeway. Mr. Mcel'ellan was present and stated that their purpose in bringing the matter up at this time is to point out the desirability of having the Governemt agency which is interested in the long-term use of the land $4. d.eal with the Division of Highways re: access roads. During discuseion ' on the proposed annexation, the City, Attorney stated the City could ini- tiate the -proceedings, set boundaries and take in some parcels which might -remain as islands otherwise. Mr. Nelson stated that owners of the intervening prop.erty between the Kelly land and the Carlsbad Industrial Development holdings had been contacted and seem to be favorable toward annexation. He stated the matter is progressing and it should be poss- ible to make a recommendation to the Council as to boundariem not later than the first m'eeting in March. Referring back .to the bids on the Lincoln Street improvement, the City Attorney stated that he had examined both bids and found them both to be in proper fomm. City Emgineer Kubota recommended that the Council accept the low bid submitted by Hazard Contracting Company,. in the amount of $8,175.09. It was noted that the Engineer's estimat;e. for t$he job was $8,146.45. Cmn. Helton moved that the recommendation of the City Engineer be accepted and contract for improvement of Lincoln Street be awardeld to R. E, Hazand Contracting Company; an'd that proper signatures be authorized. Seconded by Cmn. Baird, All ayes, motion carried. 9iscussion was resumed on the annexation matter. Mr. McClellan urged that the annexationsbe consummated .prior to property acquisitions by the Division of Highways, During discussion, City Manager Nelson stat- ed he believed t;he City Council should have a joint meeting with the Municipal Water District re: water distribution to the land in question, since this is one of the vital issues, By common consent it was agreed that the Cosmitt'ee continue its efforts with the proper owners and the City Attorney was instructed to prepare a resolution of intention to an- nex for the next Council meeting, or, if impossible due to.delay in the County Boundary Commission, for the first meeting in March. TENNIS COURTS. . Glenn Feist, president of the Chamber of Commerce, re- quested Council support of a proposal to construct .tennis courts some- where near the down-town area, possibly at Holiday Park. He stated that a committee working on the idea had canvassed the various organiza- tions and found them all favorable, and petitions should shortly reach the Counuil; tha.t a preliminary estimate of the cost iC $10,00Q.00. Also appearing a,nd speaking in favor of the proposal were Val Febedeff, William Torres, land Tad Pahl. Mayor Castorena suggested that the study committee work closely-with the City Park 6 Recreation Commission and Cmn. Ledgerwood. No action was taken pending further detailed report, CONTINUED HEARINlG - ZIMMEKMAN-SCHLAGEL PUBLIC NUISANCE. At 7:45 P. M. the Mayor opened the continued hearing in this matter, Mr. Banta of the County Public Health Department was present and stated that his latest inspection indicated that the County has received virtual com- pliance and he knows of no reason for continuing the hearing. After discussion, Cmn, Robinson moved that the Council adopt a finding that the nuisance on the above property has been abated, and that the hearing be terminated. Seconded by Cmn. Helton. All ayes, motion carried. A letter was read from the Wash-0-Xat.Laundry of Oceanside (Mrs.'Cole- man and Mr. Cunningham, owners) objecting to the increase in license fee to $100.00 for 1.aundry truck pick-up and delivery service, stating that they cannot continue to serve Carlsbad on diaper service, rug cleaning and furniture cleaning at that figure, considering their low volume of business. . Mr, Cunningham was present bud had nothing to add. During , p the ensuing disc,ussion, City Attorney Smith stated that in a recent Su- perior Court casle (AGNEW V. CULVER CITY) it was held that any person licensed by the State cannot be required to pay a license fee to a mu- nicipality, which may affect and require changes in all revenue licens- ing by Cities. 'The point was brought out that certain services offered by Wash-&Mat Laundry, especially the diaper service, were not in com- petition with an'y local services. After considerable discussion, Cmn. Robinson moved tlhat the City Attorney be instructed to prepare an ordinh ance setting an .annual license fee ,of $12,00 exclusively for diaper ser= vices. Seconded by Cmn. Helton. Four ayes, one nay (Castorena), motion carried 4-1. The Mayor stated he felt such action may possibly set an awkward preceden,t . I ENGINEERING DEPAiRTMENT. Letter was read from the County Health Officer declaring the ar'ea on Oak Avenue between Pi0 Pic0 and a point 250 feet westerly of Highland Drive a health menace and recommending that assess- .merit proceedings for installation of sewers be instituted. The City, At- torney outlined steps to be taken toward instituting such proceedings, Proposed Resolution #240,ordering the opinion of the Public Health De- partment spread upon the minutes of the Council meeting, in full, was I -a 4 ss li"c =z 3 I I read. .Cmn. .Ledg&wood moved that Resolution #240 be adopted, Seconded by Cmn. Helton. Five ayes, no nays, Resolution adopted. The letter is as follows: "Sari Diego, California January 15, 1957 ++TO: City Council i City .of Carlsbad Gentlemen: This is to certify that I have examined the area within the City of ,Carlsbad, County of San Die.go, State of California, . ' Oak Avenue between Pi0 Pic0 Drive and a point 250 I known as: feet Westerly of Highland Drive. This is to certify to you that in my opinion the installa- tion of sanitary sewers in said area is necessary as a health measare and it is my recommendation to you that as- sessment proceedings be instituted by your Body for the in- stallation of sanitary sewers within said area. Yours very truly, /sgd/ J. B. ASKEW, M. I). Health Officer of the City of Carlsbad. n Resolution ,#241 appointing Byrl E. Phelps Engineer of Work for the 1911 Improvement Act proceedings on Oak Avenue and fixing compensation therefor, was read. Mr. Nelson explained that the engineering work was Qone at'the time the extension was con.templated under a voluntary con- tr.ibution plan which did not materialize, which feature will be covered by a contract with Mr. Phelps. Cmn. Robinson moved adoption of Resolu- tion #241. Seconded by Cmn. Ledgerwood. Five ayes, no nays, Resolur . tion adopted. Resolution #242, appointing Bruce Smith to prepare all .proceedings on the 1911 Improvement Act project' 'on Oak Avenue and fixing compensation therefor, was read. Cmn. Robinson moved adoption of Resolution #242. Seconded by Cmn. Helton. Five ayes, no nays, Resolution adopted. Resolution #243 appointing Byrl Phelps to prepare plans for the Oak Ave- nue sewer improvement was Read. Cmn. Helton moved adoption of Resolu- tion #243. Seconded by Cmn. Ledgerwood. Five ayes, no nags, Resolution adopted . Cmn. Baird moved that: the City Manager be authorized to sign contracts with .Byrl Phelps and Bruce Smith, as prepared by the City Attorney. Seconded by Cmn. Robinson. All ayes, motion carried. Joseph Spano of ,2870. ELmwood presented a petition f-or e.xtension of the public sewer along Buena Vista from Pi0 Pic0 to Highland, -containing the signatures of all owners of property affected except Mr. Sheldon and a Mr. Contreras who recently purchased property and ,will sign. After some discussion, Cmn. Helton moved adoption of Resolution #244 instructing the City Manager to proceed with plans and specifications and advertis- ing for bids on the project. Seconded by Cmn. Ledgerwood. Five ayes, no nays, Resolution adopted . Resolution #245, fixing the amount to be charged as sewer line cost, .in accordance with Ordinance #?020, at. $4.00 per front foot, was read. Cmn. Ledgerwood moved the adoption of Resolution #245. Seconded. by Cmn. Helton. Five ayes, no nays, Resolution adopted, City Engineer Kubota, reporting re: the two pine trees in front of the BUY & SAVE kARKET now under construction on Roosevelt Street, stated that the trees, 30 feet apart, will stand at the edge of the lip of the gutter when the street improvement, which will necessitate a cut of 2 feet below grade, is complete. The proposed driveway would like between the two trees, but Mr. Kubota stated Nr. Stein, the developer, would lik-e to have the trees remain and will modify locations of driveway and sidewalk .if necessary. Park Superintendent Westree commented that a 2- foot cut, with paving and cement on all sides, would seriously affect the trees and cause gradual deterioration. Mr. Kubota stated the curb could be modified by a transition section at the location where the sfj trees will stand, if the Council desires the trees to remain. . Mr. Nel- son asked whether Mr. Stein and the City engineer could be left with some discretion in the matter, in case a sudden decision would become necessary. The City Attorney stated that such discretion could be given, to cover anything except removal of the trees, which would have to be the decision of the Council. Cmn. Baird moved that the City Man- ager be instructed to check further into the matter and, if necessary, to have the trees removed, but to avoid doing so if at all possible; also, that Mr. Westree and Mr. Stein be consulted in the matter. Second- ed by Cmn. Helton. All ayes, motion carried. It was agreed that MJ?. Thornton and Mr. Westree should probe for the roots of the two, trees and ascertain just what the structure is. PARK t3 MONROE DRAINAGE PROBLEM. Mr. Kubota. reported that construction for the diversion of storm water from Park and Monroe down the natural drainage channel has been completed and plugged. Construction of a di- version channel around the Bruce Jones residence to alleviate flood hazard was discussed, Mr. Kubota pointing out that because of its lo-. cation in a low spot in the channel, the house has an inherent flood hazard. Cost to the City of the installation, according to Mr. Kubota, would be one day of motor grading (one day's wages for one man) and the section of pipe to be placed across Mr. Jones' driveway. Mr. Jones was present and expressed dissatisfaction with the City's pro- posal as being too meager to adequately serve the purpose, and requested that additional culverts be -placed at two other locations on the private easement leading into the property from Tamarack Avenue. A.fter some dis- cussion, led by Cmn. Ledgerwood who pointed out topographical features of the area and identified the locations mentioned by Mr. Jones, Cmn. Robinson moved that the Council give consideration to a written request to be made by Mr. Jones and other affected property owners for relocation of the ditch and placing of culverts in the three locartions discussed. ,,Sconded by Cmn. Baird. Four ayes, no nays, Cmn. ,Ledgerwood abstaining. Motion carried. Mr. Toby Thornto:n, recently employed by the City to establish street grades and assist the City Engineer, was introduced to the C-ouncil. HARBOR COMMLSSIO~. (1) Lease. The City San Diego Gas @ Blactr Attorney read a letter recently received from the ic Company, signed by Mr. Forward, quoting from the Public Utilities Code a section prohibiting or restricting the tying down of any operating property, etc. Inasmuch as the Council felt the letter indicated little interest in signing a lease at this time, the City Attorney was asked re: steps to be taken. He stated the City or property owners could file suit to have the water declared to Be navig- able on the premise that it is historically navigable. Members of the Harbor Commission were present and stated they read the letter and tabled same for three weeks, to avoid taking preoipitous action. Cmil.. Robinson suggested that the City Attorney approach the Company with the idea that . a suit will be started if no action .is forthcoming in a reasonable time, which suggestion met with the approval of Harbor Commissioners present. By common consent, Mr. Smith was instructed to do so. (2) Harbor Commissioner Christensen presented a sketch of proposed har- bor development proposed to be reproduced and sent to Congressmen and I Senators at an extimated cost of $250.00 (already budgeted). .Cmn.' Baird moved that the proposed expenditure of $250.00 be authorized, Sec?onded by Cmn. Robinson. - All ayes, motion carried. (3) Col. Dunne of the Harbor Commission reported on his conference with Col. Fry of the Corps of Army Engineers, stating he was advised that no time has been set for making a survey of. the Oceanside-Pendleton-Carls- b.ad area, as they have neither personnel nor funds available. Col. I Dunne stated the engineerf urged that Oceanside and Carlsbad get tagether and decide where the harbor is to be, since only one would be ' approved for this area. He stated it might be possible to press for action but he felt any .report they would make at this time would be unfavorable, The Council decided to await a recommendation from the Harbor Commission before considering any action. Irwin Kelly, Calaveras Road, commenting on navigability of the Agua Hedi= onda lagoon, stated he had known the estuary for approximately -50 years and would not say it is historically navigable, although for a period of several years small craft could and did use it. After a 15-minute recess, the Council was reconvened at 10:20 P. PI. I PARK b RECREATION COMMISSION, Park Superintendent Westree presented a sketch of a. proposed "picnic ramada." for Holiday Park , and a recommend- ation was .read from the Park and Recreation Conmission that construction of same be authorized, Cum. Robinson moved approval of the recommenda- tion of the Park b Recreation Commission as to the picnic ramada, and that same be authorized. Seconded by Cmn, Helton, All ayes, motion carried . Recommendation of the Park & Recreation Commission was read, approving request of Ken Ebright for removal of a camphor tree at 325 Tamarack. Cmn. Helton moved that the recommendation of the Park b Recreation Com- mission re: removal of the camphor tree be accepted and the tree removed. Seconded'by Cmn. Ledgerwood. Four ayes, no nays, Cmn, Robinson abstaining LIBRARY COMMISSION. Mayor Castortna.suggested the names of Ed R. Prout and Jean Walker for appointment to the Library Commission for three-oyear . terms expiring January'l, 1960. Cmn. Baird moved ratification of the ap- pointments of Ed R. Prout and Jean Walker to the Library Commission for three-year ,terms expiring January 1, 3.960. Seconded by Cmn. Helton. . All ayes, motion .carried. FIRE DEPARTMENT, Monthly report for" January, 1957, read and filed. POLICE DEPARTMENT. Monthly report for January, 1957, read and filed, I ~", 2 CIVIL DEFENSE. Resolution #246, authorizing the Assistant Director of " C? Civil D,efense to sign.for Federal Surplus property, was read. Cmn. Baird "9, moved adoption of Resolution #246. Seconded by Cmn. Helton. Five ayes, 2 -. no nays, Resolution adopted. P Proposed Ordinance #9070, amending #9060, changing zone of Lots 33, 34 and 35, Seaside Lands, was given second reading. Cmn. Helton moved adop- tion of Ordinance.#9070. Seconded by Cmn. Robinson. Five ayes, no nays, Ordinance adopted The City Attorney was instructed to prepare an ordinance changing the BUY Q SAVE MARKST property from Fire Zone #3 to Fire Zone #1, Cmn. Robinson moved that the City Manager be authorized to attend the City Manager's Convention at Palo Alto February 13-15. Seconded by Cmn. Helton. All ayes, motion carried. 1, Cmn. Helton mved that City Engineer Kubota be appointed City. Manager. pro tern. Seconded by Cmn. Ledgerwood. All ayes, motion carried. The City Manager requested that John Slater, 36 years old, former Lieuten- ant in the Navy and now a Senior at San Diego State College, living in Leucadia, be appointed student interne to spend each Tuesday and Thursday at the City Hall to study City.administration and budgeting for school credit, on a similar arrangement as the one with Mr. Hare last year, He recommended that the sum of $20,00'per month transportation costs be au- thorized for his services. Cmn. Ledgerwood moved that the reconinendation of the City Manager be approved and $20.00 per month be paid Mr. Slater as transportation expenses, Seconded=by Cmn. Helton. All ayes, motion carried. Cmn, Baird moved authorization of the payment of bills from January 15th to February 5th, in the amount of $11,215.35, as certified by the City Manager and approved by the Auditing Committee. Seconded by Cmn. Robin- son. All ages, motion carried.. I Cmn. Baird moved ratification of the. payroll for the last half of January, 1957, in the amount of $6,575.18, as certified by the Director of Finance and approved by th8 Auditing Committee. Seconded by Cmn. Robinson. All ayes, motion carried, The meeting was declared adjourned at 10:35 P. M. V *"e* Respectfully subyitted; NATALIE VEKMILYEA Deputy City cleru """"""""""""i--"---,", .. G.* D MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL February 19, 1957 Meeting called to order at 7:OO P. M. by Mayor Castorena. Present besidds the Mayor were Clouncilmen Robinson, Helton, Bakrd and .Ledgerwood; City Manager Nelson, City Engineer Kubota, City Attorney Smith, Police Chief Pal.kowski . WRITTEN CORRESPONDENCE z (1) Letter from San Diego County Office of Civil Defense giving figures and. i-nformation #on next year's Civil Defense budget (national] and ask- ing that the Council support the budget request by writing Congressmen' akd Senators. City Manager Nelson reminded members that it has been Council policy to re'frain from recommending legislation not directly af- fecting the City. After some discussion, the letker was filed without action. (2) Letter from the California Highway Comhission dated February :6, 1957, announcing hearing on the proposed new routing of* Freeway 101 south Prom Carisbad, on April 5th at 10:30 A. M., and inviting Council and City personnel to attend. It was decided that -thk City Manager and City Engineer should attend; also the City Attorney if his presence is deemed necessary. (3) Letter from the Sah.:DiegbaGaG &:;€&:e~%riC C0~padg5~:;signhd:;bS7~~'CG?rles H,:.Fgrward, to the City Attorney, asking his ideas-on the framing of a lease which would stay within the hestrictions of the Public Utilities Code, The letter also referred to newspaper articles which the Company felt carried a' misleading'interpretation' of their stand in the matter: City Attorney Smith commented that he construed the leCter as meaning the lease should be approved by the Public Utilities Commission. After some discussion, it was decided that a meeting should be set up as soon as possible between top' officials of the Gas Company and Mr. Nelson, City Attorney Smith, and possibly some Councilmen, to discuss- the matter fur- ther. (4) Petition signed by nine property owners of the east side of El Ar- bo1 Drive in Terramar 85, asking nappropriate relief" in the form of a' permanent retaining wall along the shore of the Srrigation reservoir to abate serious erosion of their property due to storm drainage. The City of this nature, which would involve expenditure o? public funds on pri- vate property, which is highly improper. It was also .pointed out that, the Subdivision Ordinance has no requirement as to compacting soil, etc., so no violation exists in that direction'. It was suggested that the matter be approached through letters from proparty-owners to the Real Estate Commission. Cmn. Baird moved that the City Attorney, City En- gineer and City Manager co-operate in the drafting of letters to be sent to the Sacramento office of the Real Estate Commission, with copy for the San Diego office, after an inspection is made by the ,City En- gineer: Seconded by Cmn. Robinson. All ayes, no nays, motion carried. Cmn. Ledgerwood moved that the Planning Commission be apprised .of the situation with the suggestion that they take action to prevent similar occurrences. Seconded by Cmn.. Baird. All ayes, motion carried. ' Attorney stated he felt it unwise for the City to enter into a matter PARK 6 MONROE DR.AINAGE. Mr. and Mrs. Parsons of El Cajon were present to protest against recent measures taken by the City to divert' storm , water from Park e Monroe back to its natural channel. The Parsons gave a long, detailed history of, the drainage situation in the area, dating back to County jurisdiction before incorporation of the City, and dis-., puted the accuracy of the City survey which they claim resulted in lo- cating the drain1 ditch on their land. Mr. and Mrs. Bruce Jones, owners of property also) directly affected,.were present and expressed dissatis- faction with the diversion program and general agreement with the Par- sons, stating thley are convinced they have recourse at law. The Mayor emphasized, during the ensuing lengthy discussion involving bitter criticism by the Parsons of earlier efforts, that the City's efforts are directed toward protection of the property owners, rather than to damage them,. and that t,he Council will do everything possible to solve the problem. The property-owners present were asked whether they wished to recommend an outside engineer to make a further study of the area and, if so, if they would agree to accept his findings. Cmn. Ledgerwood stated he has a 1939 Soil Conservation Service map which he would make available to the engineer, After further discussion, it was agreed to have a re-survey made by the City Engineer. Cmn. Ledgerwood moved that Mr. Kubota be instructed to make a new survey of the entire problem and report back to the Council. Seconded by Cmn. Baird. All ayqs, motion carried.