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HomeMy WebLinkAbout1957-10-01; City Council; Minutesd& "cz k3 MINUTES OF REGULAR NEETING OF CAKLSBAD CITY COUNCIL October 1, 1957 1- The meeting was called to order at 7:OZ P. M, by Mayor C.astorena. Present besides the Mayor were Councilmen Ledgerwood, Robinson and Helton; City Manager Nelson, City Attorney Pro Tem Swirsky and City Engineer Kubota. Absent, Councilman Baird, 2- Cmn. Robinson asked that the minutes of September 17, 1957, be corrected to show that the motion made by Cmn. Robinson re: Fence in Terramar read as follows: "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 petit,ioning the City for vacation of that portion of the street, or remove the fence entirely." Cmn. Ledgerwood moved that the minutes of September 17, 1957, be approved as corrected. Seconded by Cmn. Robinson. All ayes, motion carried. 3- WRITTEN CORRESPONDENCE: There, was no written correspondence. 4- ORAL CQ3fMUNICATIONS: There were no oral communications. 5- DEPARTMENT ..AND COMMISSION REPORTS; a) Engineering. 1) Hearing on Resolution of Intention - Sunnyhill 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 affidavits 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 protests., 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. One 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 a11 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 are benefited. Resolution No. 286. Resolution No. 286 of the City Council of the City of Carlsbad, California, making findings and overruling pro- tests and objections for Assessment District No. 2-1957 was pre- sented to the Council and read as follows: t"l\rIIEREAS, this City Council by its Resolution No, 282 adopted on the 3rd day of September, 1957, declared its intention to order the construction 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 F. M., in the Coun- cil Chambers of this City Council, as the time and place for the hearing before this City Council of protests and objections; and WHEREAS, at 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; that the City Council gave all persons present an oppor- tunity to be heard' in respect of any matter relating to the work " 33 1 proposed in said Resolution No. 282 or the boundaries of' the as- sessment district described therein, or in any way related to the proceeding proposed by said Resolution No. 282. WHEREAS, all persons desiring to appear-and be heard have been heard, and this City Council has taken evidence relating to said proposed work, the boundaries of the proposed assessment district and the benefits to the property to be included in the proposed assessment district, and is fully informed in the premises; I 1 4 3 4 .I 1 I ,' NOW, THEREFORE, the City Council of the City of Carlsbad, Cali- fornia, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORIZEH as follows: Section"1. That protests or objections have not been made by the owners of one-half of the area of the property to be assessed for said proposed work. Section 2. The City Council finds and determines that no protests or objections have been made. Section 3. That no changes are to be made in the boundaries of the proposed assessment .district or in the work proposed to be done, and the boundaries of the assessment district are defined and established as the boundaries described in the resolution of intention, to-wit: Resolution No. 282, and the work proposed to be done- is likewise defined and established as the work described in said Resolution No. 282, and reference is hereby made to said Resolution No, 282, for a full and complete description of said work and of the assessment district and for further particulars. Section 4. That this resolution shall be entered upon the minutes of this City Council, PASSED, APPROVED AND ADOPTED ON THE 1st day of October, 1957, by the following vote, to-wit: APES: Mayor Castorenat Councilmen Ledgerwood and Helton . NOES: , None. ABSENT: Councilman Baird. ABSTAINING: Councilman Robinson. ATTEST : /s/ Me -0. EWALD, City Clerk /s/ M. M. CASTORENA, Mayor of the City of Carlsbad, Carlsbad, California I?. Resolution No. 287, Resolution of the City Council of the City of Carlsbad. California. ordering the construction of certain sewer work ind ordering-posting and publication of notices invit- ing sealed proposals or bids for Assessment District No. 2-1957 was read. Crnn. Helton moved that Resolution No. 287 be adopted. Seconded by Cmn. Ledgerwood. Three ayes, Cmn, Robinson abstain- ing and Cmn. Baird absent. Resolution No. 287 adopted. Resolution No, 288. ,Resolution of the City Council of the City of Carlsbad, California, determining the general prevailing rate of per .diem-wages and the holiday and overtime work. in the City of Carlsbad for certain crafts or types of workmen for Assessment District No. 2-1957 was read. Cmn. Helton moved that Resolution No., 288 be adopted. Seconded by Cmn, Ledgerwood. Three ayes, .Cmn. Robinson abstaining, Crnn. Baird absent. Resolution No. 288 adopted. Resolution No. 289. Resolut2on of the City Council of the City of Carlsbad, California, directing that certain street work be done under: the direction and to the satisfaction of the Engineer of Work for Assessment District No. 2-1957 was read. Crnn. Ledger wood moved that Resolution No. 289 be adopted. Seconded by Cmn. Helton. Three ayes, Cmn. Robinson abstaining, Cmn. Baird absent. Resolution No, 289 adopted. 1- 2) Report "on Basswood Sewer, The City Manager informed the Cour cil that the City Engineer, Public Works Director and himself had met with Mrs, Daiger in regard to sewer being installed on Bass- wood, He stated that Mrs. Daiger felt that the City would be sa7 ing $3,000.00 at her expense, as she felt it would cost them - $3 $l,OOO,OO to put their property back in shape, He further stat- ed that they tried to point out to Mrs. Daiger that by running the sewer line down Basswood she would be able to hook up to the sewer 1,ine'at any time and it would increase the value of her property, but Mrs. Daiger preferred that the sewer be not con- st ruc t ed, H. L, WATSON. Watson Construction, stated they were interested in getting sewer line to their subdivision, and they would pre- fer going down Basswood, but if the City felt they could not authorize this route they would have to use an alternative route. He stated that the lowest bid they had received for the line on Basswood had been $13,000,00, as it would require the necessity of speciial machinery being shipped in because of the rise on Basswood, and their only position was to be of service to the City and: kill two birds with one stone, He further stated that in order to serve the property north of Chestnut on Valley, .y seoner or later someone would have to run a line over the hill The City Manager informed the Council that there was approximate- ly $4,OSO,OO set aside for this project but that the City does not have the additional $3,000.00 to contribute -towards this project , Mrs. Daiger was present and was asked to state her views on the matter. She pointed out that her father was elderly and crippled and they did not wish to do anything that would disturb him. The driveway had been designed for convenience in getting him in and out of the car as that was practically his only pleasure. She further stated that the City had offered to grade a new driveway for her but she did not feel it would be located in a position that would be convenient to her. The Council suggested that perhaps a drive could be designed that would be cmvenient to her. The members of the Council informed Mrs. Daiger that they had no intention of installing this sewer line against her will. The City Engineer presented an alternative plan for the driveway and pointed ,out that the portion of the property that would be cut away was City property, After considerable discussion, Mrs. Daiger agreed to discuss the matter further with her husband and would inform Mr. Nelson within the next two or three days. Mrs. Daiger thanked all of the members of the Council for their consideration, b) Planning,, 1) Hearing - Zone change from C-2 to R-P -*Dom-inauez - Resolu- - tion No. 291, Notice of hearing was read. There were no written protests submitted, Resolution #28 of the Planning Com- mission was read, recommending the approval of the change of zone on this property. There were no oral protests. -Public hearing was closed at 7:45 P. M. Cmn. Robinson moved that Resolution No, 291 be adlopted ordering an amendment to Ordinance No, 9060 for change of' zone on subject property. Seconded by Cmn. Ledgerwood. All ayes, Resolution No, 291 adopted, . 2) - Hearing on Appeal of Variance granted to Drace. Notice of hearing was read. Two petitions were received signed by proper- ty owners in the surrounding area, protesting-the granting of this variance. An affidavit signed by.Mr. and Mrs. Drace dated ' September 21, .1957, was read and presented to the Council. The Mayor asked if there were any members of the audience that would like to speak for or against this appeal. , I K. E. EBRIGHT, 4245 Hillside, stated that the thing that per- plexed him most in the granting of this variance was the incon- sistency of the Planning Commission, MR. SIIYTHE, 4228 Highland, stated that the people in the neigh- borhood wlere trying; to establish a certain standard in the build- ing of their homes and that he felt this property should not be split - that it should front .on Highland Drive. MR. E, WIRNICK, 4264 Highland Drive, stated that his property ad- joined the subject property on one side, and that M~s Smythe's property adjoined the property on the other side, Mr. Ebright on 33[ the other side. He further stated that, 99% of the Property Owners ance and asked that the Council repeal this variance. MtS. JANE SONNEMAN, 2960 S'tate Street, stated that she tuas the agent for the Draces; that the Planning Commission had carefully studied this request for variance, the Planning Consultant had approved the variance, and that she felt it was only proper that the owners be given the right to make use of their property, The Mayor declared the public hearing closed at 8:55 P, M, Resolution No, -30 of the Planning Commission was read granting said varEance and setting forth their reasons for granting this variance. . in the surrounding area showed that they were against this vari- Cmn.' Robinson stated that he felt that the situation had not changed and that the neighbors had protested,; therefore, he felt that strong consideration should be given to the wishes of the people of the neighborhood, Cmn, Helton stated that that was one of the reasons that Carlsbad had incorporated so that the people could voice their opinions, After considerable discussion Cmn. Robinson moved that the City Council sustain the appeal for said variance.. Seconded by Cmn. Helton. Roll call vote: Cmn. Ledgerwood, No; Cmn. Robinson, Aye; Mayor Castorena, No; and Cmn. Helton, Aye. Two ayes, two noes, Cmn, Baird absent, Appeal denied, The Council was informed by the City Attorney that a resolution would have to be adopted. Cmn. Le.dgerwood moved that Resolution No, 292 be adopted announc- ing the Council's findings and decision, "The motion was lost for lack of a second motion.By common consent the Council deferred the matter until the next meeting at which time the City Attorney was to give his opinion as to the proper procedure in the matter. Elr. Ebright stated he could not understand the inconsistency of their thinking, and asked why the memljers voted against this mat- ter, Cmn, Ledgerwood stated that he had been a member of the Planning Commission and that he had the greatest respect for the Commission; that several 'meetings had been 'held on this matter, which ^included a joint meeting with the Council at which time he was informed that the people's request was important to the facts of the case \jut that it should not out'weigfi .the other factors in- volved, and he believed the outcome would be satisfactory in the -end. Mayor Castorena stated that on September 25, 1856, they had had tbee or four meetings and the Council was not able to come to a definite decision and decided to have a join6 meeting with the Planning Commission to get their thinking co-ordinated; that 'each one of the Commissioners were asked to express tkiemselves as to the recommendations of this variance; that the Planning Com- mission's primary job is to recommend the best use of the land; and he was very satisfied with the reasoning that the members of the Commission gave at the time. He further stated that the vote at that time was a 3 to 2 vote and he had voted no at that time and he felt that it was his duty to have consistent thinking; the reason he voted the way he did was that. if he was going to be ' honest with the people that he had to be honest with himself. Cmn. Ledgerwood further stated that he had many, many friends in this particular area and he felt that they would be benefited with this decision and that if there were any persons that he had offended, he wished to apologize for offending them, The Mayor declared a short recess. The .meeting reconvened at 9~15 P, Me 3) Report on propertv acquisitions. The City Manager informed the Council that the Zah'lers had not stated whether they would like to have their property appraised or not, Greenwodd property, No answer had been received from Mrs. Green- wood as yet, and that an appraisal had not been Rade of the property. Hosp Grove. That the owners had be& contacted and were not particularly anxious to go in wi'th the City on a joint appraisal. The owners felt that they should have their own appraisal made because of the potentialities and size of the property involved, but that if the City was satisfied with the appraisal, they could pay for half the appraisal fee. Olin P:roperty. A Lease - Option to Purchase Agreement was pre- sented to the Council, Mr. Nelson stated 'that the Olins desired to sell the furniture for $40O,CC, and that if the City pur- chased this property it could be made an attractive rental; that it was a small house and would not be useful for community use, Cmn. Robinson moved that the Lease-Option to Purchase Agreement on the Olin property be approved and that the proper signatures be aut.horized. Seconded by Cmn, Helton, All ayes, motion car- ried. 4) Re,port on purchase of Mutua2 Water Co. The City Manager re- port= that there were 975 shareholders who- had given their con- sent to the purchase by the City, e) Police and Fire Monthly Reports: The reports from the police Department and Fire Department were circulated among the Coun- cilmen and filed. 6- OLD BUSINESS: a) Street Names in Terramar, The recommendation from the Planning Commission was read, wherein they recommended that no action be taken until such time a.s City acquires a public right-of-way be- tween Terramar Drive and Cannon Road. Mr. Nelson suggested that a leti5er be written to the 'State Division of Highways and re- quest that' the sign "Cdnnon Road" be removed, Cmn, Robinson moved that the nakte "Terramar Dri-ve" remain as -suggested by the Planning Commission. Seconded by Cmn. Ledgerwood, All ayes, motion carried. * The Council instructed the City Manager to write to the Statie Division of Highways and request that the name "Cannon Roadtt be removed, 7- - NEW BUSINESS: a) ordinance No. 3030. Proposed Ordinance No. 3030 was presented to the Council, amending Traffic Ordinance No, 3005. Cmn. Ledgerwood moved that this constitute the fir& readi'ng of Ordin- ance .No. 3030. Seconded by Cmn. Robinson, Three ayes, Cmn, Hel- ton abstaining, Cmn, Baird absent, motion carried. b) Resolution No. 290, Proposed Resolution No. 290 was presented to the Council, accepting donation of Federal Surplus Generator, Cmn, Ledgerwood moved that Resolution No, 290 be adopted. Seconded by Cmn, Helton, All ayes, motion carried, .Cmn. Baird absent , c) Mr. Nelson stated that he had been contacted by Mr. B, M, Chris- tiansen in regards to having a payroll deduction authorized for the United Fund Drive. Cmn. Robinson moved that authority be granted to the City Manager to make payroll deductions for the United Fund Drive if the employees so desired, Seconded by Cmn. Helton, All ayes, motion carried, d) The City Manager requested that Jack Y. Kubota be appointed City Manager Pro Tern during the period of October 10, 1957, through October 24, '1957, while he is on vacation. Cmn. Robinson moved that Jack Y, Kubota be appointed City Manager Pro Tern for the period October 10, 1957 through October 24, 1957. Seconded by Cmn. Helton, All ayes, motion carried. 8- PAYBENT OF BILLS - RATIFICATION OF PAYROLL. Cmn. Robinson moved authorization of payment of bills from September 17, 1957, through October 1, 1957, in the amount of $3,275.32, as certi- fied by the Director of Finance and approved by the Auditing Com- mittee, Seconded by ~Cmn, Helton, All ayes, notion carried, Cmn. Robinson moved ratification of the payroll for the second half of September, 1957, in the amount of $8,631.91. as certified by the Director of Finance and approved by the Auditing Committee Seconded by Cmn. Helton, All ayes, motion carried. 9- It was moved by Cmn. Helton and seconded by Cmn, Ledgerwood that the meeting be adjourned, All ayes, motion carried. The meeting was declared adjourned at 10~52 P. M, d"k Pa R spectfu, ly bitted, k&GrnEX. E . ADAMS