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HomeMy WebLinkAbout1957-09-17; City Council; Minutes9 As4 6 that Resolution No. 284 be adopted. All ayes, 'motion carried, Resolution No, 284 adopted. .Cmn. Baird and Robinson absent. 8- PAYMENT OF BILLS - RATIFICATION OF PAYROLL. Cmn. Ledgerwood moved authorization, of payment of bills from August 20, 1957 to September 3, 1957, in the amount of $4,572.68, as certified by the Director of Finance and approved by the Aud- iting Committee. Seconded by Crnn, Helton. All ayes, motion carried , Cmn. Ledgerwood moved ratification of the payroll for the second half of August, 1957, in the amount of $8,700.00, as certified by the Director of Finance and approved by the Auditing Commit- tee, Seconded by Cmn. Helton. All ayes, motion carried, 9- ' It was moved by Cmn. Helton and seconded by Crnn. Led,gerwood that the meeting be adjourned, All ayes, motion carried. The meet- ing was declared adjourned at 8 :46 P, M. ,,&f~&-,.. Respectful y s mitted, EAR RET E. AD MS A Deputy City Clerk """""""""""""""""" MINUTES OF REGULAR-MEETING OF CARLSBAD CITY COUNCIL September 17, 1957 1- The meeting was called to order at 7~07 P. El. by Mayor Castorena. Present besides the Mayor were Councilmen Ledgerwood and Robin- son; City Manager Nelson, City Attorney Smith and City Engineer Kubota. Absent, Councilmen Baird and Helton. 2- - ,Cmn. Robinson moved khat the minutes of September 3, 1957, be approved as submitted. Seconded by Cmn, Ledgerwood. All ayes, motion carried. 3- CORRESPONDENCE: a) A copy of .a letter directed to the Directors of the Carlsbad Municipal Water District from Frank B. Smith was read, setting forth conditions existing in his opinion on the Metropolitan Water District and the Carlsbad Municipal Water District, where- in he questioned the water entitlement. The Council asked that a letter of acknowledgement be sent to Mr. Smith. b) Letter from W, D, Cannon requesting that the Cit,y Council take some action to clarify the street names in Terramar, namely, Terramar Drive and Cannon Road. He asked that Terramar Drive be changed to Cannon Road, The City Manager stated that Cannon Road was not a dedicated street and is not connected :with Ter- ramar Drive, and suggested that the Planning Commission make a recommendation on the changing of the name. MRS. MAiGARET REEDY, 5158 Los Robles, stated that the people in Terramar are used to referring to Terramar Drive for directions. The Council' asked that the matter be referred to the Planning Commission. c) .Letter from If, D. Cannon requesting permission to have the fence that was erected on City property in Terramar remain on the City property, A copy of a letter was read addressed to Mr. W. D. Cannon wherein the City requested that the fence that had been erected on City property be removed. The .City Manager suggested that the logical move would be to have Nr, Cannon have the street vacated. There were several citizens from Terramar present P. S. ALLEN, 5099 Shore Drive, stated that he owned the adjacent property to the property on which the sign is erected, and stat- felt that the fence would have a deterring action and has kept the outsiders away. . ed that he was neutral as far as the fence was concerned. He 1%. SECKMAN, 5380 El Arbol Drive, asked if the City owned this ' property. where the fence was erected ,or does Mr. Cannon? He ,.,z 1 stated that when property was sold toethe property owners in Terramar they were informed that they would have access to the beach, . P. S. ALLEN, 5099 Shore Drive, stated that this fence and access -to the beach has caused a great deal of trouble for people going and coming back from the beach; that he had built, his home so that he could have a view and now the fence certainly devaluates his property. He felt that a sign would have the same effect as a fence, BILL SHAY, 5114 Carlsbad Blvd,, stated he had lived in Terramar for the past 5 years and there had been no trouble about access to the beaches until just recently. He asked that the.City At- torney check .to see what rights the people had in that area in regards to entering the beach, DEAN MILLER, stated that it was his understanding that this property, which'the people in that area have been using to enter the beach, could be deeded to a non-profit corporation - that . Mr. Cannon was willing to deed the property, MR. REEDY, 5158 Los Robles, asked if private property that has been used for'a public thoroughfare for over 5 years would come under prescriptive use, The City Attorney stated he felt that the amount of time it had been used and not the use would' deter- mine the prescriptive use in this case, and that-he would not like to give an opinion on the matter until he had checked the matter further, Discussion from the floor closed at 7:30 P. M, Cmn. Robinson asked to have the, matter clarified as to the Cityts position, The City Attorney stated that the fence was on City property, and-that the City could grant encroachmene permits, and that the only ma€ter for the City to be concerned with was if the City wished to grant Mr. Cannon permission to leave the fence on City property, After considerable discussion, Cmn. Robinson moved that Mr. Cannon be advised to move the fence back on his own property, that he be advised of his rights in regards to petitioning'the City for vacation of that portion of the street, or remove the fence entirely, Seconded by Cmn. Ledger- wood. All ayes, motion carried, ,. d) A copy of letter addressed to Dave Kurner from Lewis L. Chase was read, regarding the non-conforming building, stating that he had been prepared to make a.move several months ago, but that several things had happened and that he would have to maintain the building for a longer period of time than he had anticipated. He further stated that he had planted some fast-growing 'plants which should help to seclude the building from Mr. Kurnerts back yard, No action was taken by the Council. e) Letter from the Secretary of the California Highway Commission acknowledging receipt of letter from Mr. ,Nelson and enclosure of Resolution No. 279 of the City of Carlsbad expressing apprecia- tion to the Highway Commission for its selection of the ITnland Route" of the proposed freeway through the San Dieguito District. The Secretary stated that the communication would be presented and read to the Commission at its meeting to be held in Sacra- mento on September 17,-18, and 19, 1957. .f)' Letter from the Water Pollution Control Board inviting members of the City to attend a meeting on September' 30, 1957, in the Ocean- side City Council Chambers to discuss the beneficial uses of certain water of San Luis Reg, Cmn. Robinson stated he felt that the City Manager and the City Engineer should be present at said meeting and that the City Attorney prepare his report according- ly. This'was mutually agreed upon by all members of the Council. g) Letter from Carlsbad Union'Schosl District stating that the School Board had decided to establish and maintain a school safety patrol for the purpose of assisting pupils of our schools in safely crossing streets .adjacent to or near schools. That the School Board had further directed the District to request the Chief of Police t6 cooperate in the establishment, super- vision and control of the school safety patrol to such extent as 3. may be agreed upon. Appreciation was expressed to the City Coancil in cooperating in this matter, and Chief Palkowski and his men for the research work done prior to the School Board's action on the matter. No action was taken by the Council. 4- ORAL CO~MMUNICATIONS: There were no oral communications. 5- DEPARTMENT AND COMMISSION REPORTS: a) Planning. 1) &ea1 of variance granted to Roy E. and Pauline Drace. Two pet,itions were presented to the Council asking the Council to appeal the variance that had previously been granted to Roy E. and Pauline Drace by the Planning Commission; The Council asked the City Attorney what procedure would have to be follow- ed in t'his matter. The City Attorney stated that the Council would be required to advertise a Notice of Appeal for the granting of a variance, set a time for hearing and send post cards to adjoining property owners. Cmn. Robinson asked how many vo&,es would be required of the Council to overrule this granting of the variance by the Planning Commission, He was informed that -it would require a four-man vote. Cmn..Robinson moved that a hearing be set for an appeal of the variance granted, for October 1, 1957, at 7:30 P. M., and that'CheL proper procedure be followed in notifying the adjoining prop- erty owners. Sec.onded by Cmn. Ledgerwood. All ayes, motion carried . 2) Reclassification'of Dolninguez property. Recommendation from-e Planning Commission was read whereby they recommended ' that the property located in the South part of the block on Madison, between Elm and Oak Avenue, lying on the easterly side of Madison, be rezoned from C-2 to R-P. Crnn. Ledgerwood moved that a hearing be set for October 1, 1957, at 7:30 P. K. for reclass,ification of the Dominguez property. Seconded by Cmn. Robinson. All ayes, motion carried. 3) Offer of Dedication "Richardson Property - Resolution No. 285. A.n offer of dedication by Lowell G. Richardson, et ux, for a portion of Adams Street, was presented to the Council, said dedication being for street purposes. Proposed Resolution No. 285 was presented to the Council accepting the dedication of the property owned by the Richardsons, namely, a portion of Adams Sttreeto Ledgerwood moved that Resolution No, '285 be adopted. Seconded by Cmn. Robinson. All ayes, motion carried. Councilmen Baird and Helton absent. - - 4) &ss Street from State to Madison. The City Manager in- formed the Council that the reDort from the Traffic Safety Com- mittee had been received, but ihat the report from Gordon-Whit- nall and Associates had not been received. By mutual consent it was agreed to have the matter deferred until the report from the planning consultants had been received. 5) Property Acquisitions. Council that the City Attorney had prepared a Lease-Option to Purchase Agreement on the Greenwood property and that it had been presented to Mrs. Greenwood, and that"rs. Greenwood was out of town at the present time so that no answer had been re- ceived from Mrs. .Greenwood as yet. w Greenwood property, The City Manager informed the (b) Olin Property. The Council was informed that Mr. Olin had requested an appraisal of his property and that the proper6 ty had been appraised at $8,500.00. Mr. Nelson stated that he had discussed the matter of purchase with Mr. Olin and that the owner had felt that the property was worth $10,000.00, but that the owner would be willing to enter into a lease with option 6'0 purchase said property in the amount of. $9,OOO,OO, with a down payment of $2,000.00 for lease consideration and a monthly pay- ment of $70.00 per month. Mr. Nelson stated further that in leasing this property, it would square the park area off up to and including the Scout Center. After considerable discussion, by common consent the City Manager was instructed to have the. proper papers prepared and that the matter be discussed further at the next meeting of the Council. 32: (c) Hosp Grove. A map of the area was prepared and present- ed to the Council. Mr. Nelson stated that the City had contacted the County of San' Diego for the name' of an appraiser who would do this type of appraising, and was informed that it would cost be- tween $1200.00 and $1500.00 for such appraisal. It was a mutual feeling of the Council that this fee was high, The City Attorney suggested that-perhaps an appraiser could be hired that would be agreeable to the owners and the City, and that the fee could be split . Hr. C. D. McClellan was present and stated that there were two or three appraisers in this area that he felt would,be qualified and that he was sure their fee would be much less, and that they would be more familiar with the value of property in this area.. Cmn. Robinson suggested that the City Manager talk to the owners of the property and see if they would be willing to have q local appraiser and to split the fee. 6) Report on purchase of Mutual Water Cob The Council was in- formed that the number of shareholders consenting to the purchase of the Mutual by the City was slowly increasing, and that there were still approximately 435 shareholders who had not as yet been . heard from, but that more cards isere being mailed to these share- holders and it was hoped that more consents would be sent in. 7) 3nnexed area. The Council was informed that the Municipal Water District, Terramar Water Com- pany and Carlsbad Nutual Water Company had been contacted in re- gard to water being furnished to the newly annexed property in South Carlsbad, and that. there was nothing definite to report at this time as to what might be finally agreed upon. The Council felt that the City should continue to cooperate with these people in the annexed area to see that they get water as soon as possible , b) Engineering, <I 1) Traffic Safety Committee recommendations. The *following recommendations were submitted 'by the Traffic Safety Committee: (a) School Patrol Zones - That a passenger loading zone be established along the- southerly curb line of Magnolia Ave- nue fronting on the Magnolia Avenue School, Establishment of a No Parking area during school hours 50' easterly and 50' westerly of Jefferson on Elm Avenue. (b) Loading Zones - Establishment of two loading zones along the curb line of Madison Street fronting on the Buy and Save Market property. ' (c) No Parking on Garfield Street - That parking on Garfield Street be prohibited on both sides of Garfield Street from the intersection of Garfield Street with Olive Avenue to the southerly terminus of Garfield Street. (d) Stop sign on Laguna Drive - That- a stop sign be installed at the intersection of Laguna Drive and State Street for traf- fic going west. (e) Parking of certain vehicles prohibited on State Street - No person shall park any behicle, excepting passenger type automobiles, on State Street from the intersection of State Street and Elm Avenue to a point on State Street 190' north- erly of the intersection of State Street and Grand Avenue, Cmn. Ledgerwood moved that the City Attorney be instructed to prepare an amendment to the Traffic Ordinance in accordance with the recommendations of the Traffic Safety Conunittee to take care of items a, b, c, and d listed above. Seconded by Cmn. Robinson. All ayes, motion carried. Item (e) - Parking of certain vehicles.prohibited on State Street, was thoroughly discussed, The reports from the Traffic Safety Committee and the Carlsbad Chamber of Commerce were read. Chief Palkowski was present and stated that if they still wanted 33 to continue with angle parking on State Street, that the prohib- iting of certain vehicles was a compromise, and that the pnd re- sult would have to be parallel parking. He felt that if q-ton trucks were allowed to park on State Street, the enforcement problem would be too great. After considerable discussion Cmn. Ledgervrood moved .that the City Attorney prepare an ordinance. prohibiting truck parking on State Street, Seconded by Cmn. Robinson. All ayes, motion carried. The Council stated that they wanted it to be made clear that this is purely an interim solution to the problem and that the matter will have to be discussed further to take care'of this problem, They asked that a letter be directed to the Chamber requesting that they continue to work on a solution.to this p problem. After 2% 15-minute recess the meeting was reconvened at 9:16 P. M. 2) Buena Vista Creek Sewerage Plans. The 'Council was informed that7 meetin'g was held regarding the sewerage plans of the . Buena 'Vista Creek area. That the meeting was attended"by the City Manager, City Engineer, representatives from the City of Oceanside, San Diego County Public Works Department, State Water Pollution Control Board and the Vista Chamber of Commerce. Mr. Nelson stated that the representative from the State Water Pol- lution Control' Board felt that a committee should be appointed to study the matter as to what could be done in regard to this area', ;and that another committ.ee should be appointed to investi- gate as to what is being done in other counties and Public Works Departments -- possibly a field trip to Los Angeles and Orange County to see what has been done. He further stated that it was suggested that the City direct a letter to the San D,iego Water Pollut.ion Control Board and ask them to assist us in this inves- tigation. Mr. Nelson informed the Council that 0ceanside.did not wish to enter into a joint venture with Carlsbad at this time, He stated that the County would be very happy to work .with the City in this problem as they felt that their problem is only solved temporarily with the plant that is not being built in Vista. By common coitsent of the Council the City Manager was instructed to write .to Mr. Vincenz requesting the County to as- sist t:he City in this investigation, and that a letter be direct- ed to the Water Pollution Control Board. 3) Basswood Sewer. The Council .was informed that in connection withxhe extension of the Basswood Sewer, .the contractor had con- tacted the City; that there is an elevation on Basswood and if this rise could be cut off, it would cut down the expense of in- stalling this sewer. The City Elanager stated that this cut would affect some of the properties fronting on Basswood,' and that they had cointacted one of the. owners and that they would give the mat- ter serious consideration. Mr. Nelson stated that if this solu- tion could be worked out, tRat the City had already appropriated approximately $4,000.00 for this extension and the City could contribute labor and equipment for this additional road work. It was also felt that this road cut would help the traffic problem on Basswood. By common consent of-the Council it was agreed that the City Manager proceed to obtain the consents from the adjoinir property owners. c) Park and Recreation. 1) &imming area - upper lagoon. The City Manager informed the Council that the City was never able to obtain the consent from all the property owners for a permit to $respass on certain property, and suggested that the City abandon this particular method of developing this swimming area and try to work out some other means for a simming area. Cmn. Robinson suggested that the City work on alternate plans so that it would be ready for next season. 2) Christmas Decorations. A memorandum from the Parks and Rec- reatzm Commission was read wherein they requested permission from the Council to work on a pro'pam for Christmas - to have Christmas programs set up for Holiday Park and Home Decorations. Mr. Westree, Park Superintendent, was present and stated it was felt by -the Commission that Christmas was becoming so commercial- ized that they would like to work out a program like the old- fashioned. Christmas. By common consent of the Council it was I 6- ~ J -1 1-2 4 A 3 7- I I 8- 9- 31 agreed that the Park and Recreation Commission proceed with the21 plans for this type of program, d) Finance . 1) The final budget for 1957-58 ,was presented to the Council with a letter accompanying same setting forth the changes that had been made from the preliminary budget, No action was taken as the Council had previously passed on the budget for 1957-58. 2) The monthly reports of revenue and expenditures wme also presented to the Council. OLD BUSINESS: a) Chamber of Commerc-e contract for services, It was agreed that the matter be set .over until such time as the Board of Directors ' of the Chamber had acted on the matter and the City Attorney had had a chance to look over the changes that had been requested by the Chamber , b) Agreement with Financial Consultant - Water Co. Purchase. The Agreement was given to Cmn. Ledgerwood for study, e) Second reading of Ordinance No, 8008 - Grading of Lumber. Seconc reading of Ordinance No. 8008 was given regarding the grading of lumber in the City of Carlsbad. Cmn. Ledgerwood moved that Or- dinance No, 8008 be adopted, Seconded by Crnn, Robinson. All ayes, motion.carried. Cmn. Baird and Helton absent . NEW BUSINESS: a) ADDlication for .franchise - Skiatron T. V.. Inc. The applica- tion for franchise from the Skiatron T. V., Inc., was presented to the Council. They asked if the City Attorney approved the contract. -He stated that he had not as yet checked the legality of the franchised The Council agreed that the matter should be form. No one was present to represent the Skiatron T. V., Inc. . set over until such time as the City Attorney had approved the Mi. HARRIS, 5100 Los Robles, stated- that he had a chance to look over the plans .for installation and that if more lines were to be installed across streets, the City should consider this matter carefully. 'b) Additional armointment - Industrial Coordinatinp Council. The Industrial Coordinating Council had requested an additional ap- poinkment of a member to.this Council. Mayor Castorena offered the name of Mr. C. D. McClellan,. as Max 0. Ewald had already been appointed to this Council. Cmn. Robinson moved that Mr. C. B. McClellan be appointed to this Council, Seconded by Cmn, Ledgerwood . All ayes, mot ion carried , .The City Manager requested that Jack Y. Kubota be appointed City Manager-Pro Tem during the period of September 23, 1957, through September 25, 1957, at which time the City Manager would be in San Francisco attending the League-of California Cities Conven- tion. ,Xt was moved by Cmn, Robinson and seconded by Cmn. Ledger' wood that Jack P. Kubota be appointed City Manager Pro Tem durini this period of time. PAYMENT OF BILLS - RATIFICATION OF PAYROLL: Cmn. 'Robinson moved authorization of payment of bills from Septe~ ber 3, 1957 to September 17, 1957, in-the amount of $4,713.55; as certified by the Director of Finance and approved by the Aud- iting Committee, Seconded by Cmn. Ledgerwood, All ayes, motion carried. Cmn, Robinson moved ratification of the payroll for the first half of September, 1957, in the amount of $8,601,66, as certifiec by the Director of Finance and approved by the Auditing Commit- tee. Seconded by Cmn, Ledgerwood, All ayes, motion carried, Cmn , moved that the meeting be adjourned, Seconded by Cmn. Ledgerwood. Meeting adjourned at 1O:OO P. M., y2iL-&a?.f!k&EPL .Res ectful y sub tted F ARC. RRT R- An AMS 3 1- 2- 3- 4- 5- a) MINUTES OF REGULAR MEETING OF CARLSBAD Cl?i"J! COUNCIL October 1, 1957 The meeting was called to order at 7:02 P, M. by Mayor Castorena. ' Present besides the Mayor were Councilmen Ledgerwood, Robinson and Helton; City Manager Nelson, City Attorney Pro Tern Swirsky and City Ehgineer Kubota. Absent, Councilman Baird, Cmn. Robinson asked that the minutes of September 17, 1957, be corrected to show that the motion made by Cmn.. Robinson re: Fence in I'erramar read as follows: "Cnn. Robinson moved that Mr. Cannon be advised to move the fence back on his own property; that he be advised of his rights ,in regards to petitioning the City for vacation of that portion of the street, or remove the fence enti.rely." Cmn. Ledgerwood moved that the minutes of September 17, 1957, be approved as corrected, Seconded by Cmn. I Robinson. All ayes,. motion carried. MITTEN CORRESPONDENCE: There was no written correspondence. ORAL COMMUNICATIONS: There were no oral comnunications, DEPARTMENT .AND COMMISSION REPORTS: Engineering. 1) Hearing on Resolution of Intention - Sunnshill Drive Sewer, The Mayor announced that the hour of 7:30 P. M. had arrived, that this was the time and place fixed by the City Council for hearing objections or protests on the proposed -work, or the extent of the assessment, district, or on the proposed grades under the Resolu- tion of Intention. Resolution No. 282, providing for the construc- tion of certain sanitary sewers on Sunnyhill Drive between Alder Avenue and: the Southerly terminus thereof. The Clerk presented the affida.vits of publication, mailing and posting. The Council approved the affidavits and ordered the same filed, The Mayor re- quested the Clerk to read all written protests, "The Clerk certi- fied that there were no written protests4 The Mayor announced that the City Council would now hear any oral protests or objec- tions concerning the work, extent of assessment district or grades. 1 On& of the! property owners asked if at a later date the property owners on Skyline wished to have sewer if they would be obliged to contribute towards the cost of the pumping station. The City Engineer' stated that the pumping station was designed for all the property in the Highlands and that they would be obliged to con- tribute towards the pumping station. As there were no oral protests or objections the Mayor asked the Engineer of Work to please .advise the City Council what per cent of the total-who are to be assessed for the improvement is repre- sented by written protest or objections filed with the City Clerk. The Engineer of Work reported that written protests and objections that had been filed with the City Clerk by the owners of 0% of the total area to be assessed for the improvement. The Engineer of Work presented evidence that all of the lands included in the district awe benefited. Resolution No. 286. Resolution No. 286 of the City Council of the City of Cawlsbad, California, making findings and overruling pro- tests and objections for Assessment District No. 2-1957 was pre- sented t,o the Council and read as follows: "WHEREAS, this City Council by its Resolution No. 282 adopted on the 3rd daLy of September, 1957, declared its ,intention to order the constrwction of certain sanitary sewers and appurtenances and appurtenant work under the Improvement Act of 1911, Division 7 of the Streets and Highways Code, and in said Resolution fixed the 1st day of) October, 1957, at the hour of 7:30 P, M., in the Coun- cil Chambers of this City Council, as the time and place for the hearing betfore this City Council of protests and objections; and WHEREAS, alt the time ani place fixed in said Resolution No:. 282, a hearing was duly held by this City Council for hearing all written protest or objections; that the Clerk has filed his cer- tificate with the City Council that no written protests had been filed; thalt the City Council gave all persons present an oppor- tunity to be heard'in respect of any matter relating to the work "