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HomeMy WebLinkAbout1958-02-04; City Council; MinutesI- % 84 1, " 10- A "" 1- 2- 3- 4- " - a) b) c) d) ADJOURNMENT : By proper motion the meeting was adjourned at 9:50 P. M. Respectfully submitted, &F@d&+Q ET E. AbAMS .Deiuty City Clerk """""""__""""""""- I MXNUTSSSF REGULAR MEETING OF CAIUSBAD CITY COUNCIL The meeting was called to order at 7:OO P. M. by Mayor Casto- rena, Present besides the Mayor were Councilmen Ledgerwood, Robinson and Helton; City Manager Nelson, City Attorney Smith, and City Engineer Kubota. Invocation was offered by Rev. Brokenshire of the Carlsbad Union Church. It was moved by Cmn. Ledgerwood and seconded by Cmn. Robinson that the minutes of January 21, 19.58, be- approved as submitted. All ayes, motion carried. WRITTEN COMMUNICATIONS: Request for sewer easement' - Mr. and Mrs. Strause, Letter dated February 3, 1958 to the City Council from Mr. and Mrs, Strause of 3291 Highland Drive-, requesting permission to con- nect to sewer line on ElcKinley through a private easement at such time as the sewers on McKinley are put in. They further stated that the present sanitary system is in good repair but that the property can no longer handle the drainage load, and the property had been inspected by the Health Officer; the former owner. had attempted to form an improvement district for Highland, but was unsuccessful, and that the former owner had granted to the Strause's an easement to tie in on the McKirjley sewer . The City Engineer stated that there were $three houses on High- land which set down low and in his opinion it would not be feasible to connect to Highland, and because of the health problem it was desirable that the Strauses be allowed to con- nect to the McKinley sewer line. After considerable discussion it was moved by Cmn. Ledgerwood and seconded by Cmn. Robinson that the Strauses be granted a permit to connect via an easement to the McKinley sewer line. All ayes, motion carried, February 4, 19.s Letter dated January 22, 1958, from Tracy J. Priest, Attorney for Mrs. Thomas 3. Casey. Mr. Priest stated that he and Mrs, Casey had attended the meeting of the Harbor Copmission and heard the discussion of the Patterson plan and learned that the harbor Commission had recommended to the City Council that the bond- issue be submitted to the voters of the City. on the April ballot. He further stated that Mrs. Casey does not ob- ject to the development of the Lagoon 'as a pall. boat harbor and recreation facility, but does object and protest the method of such development as contained in the Patterson plan. The Council asked that the letter be filed, Letter dated January 28, 1958, from the Departrnent,of Public Works, State of California, setting forth ,the 1958-59 estimate of 5/8ths cent gas tax fund for the City of Carlsbad at $2.95 per capita as $20,540.00, based upon a population of 6,963. Letter dated January 28, 1958, from the Department of Public Works, State of California, stating that the quarterly allo- cation of gas tax funds to the City of Carlsbad for the period ending December 31, 1957, is $5,338.28, based on a population of 6,963. - Civil Defense Coordinator - S. D, County Board of Supervisors. Latter dated January 30, 1958, ad- dressed to Mayor Castorena from the Board of Supervisors e) I f) g) x3 P-I !a a e 2 5- 'I? 6- a1 I b) 3 stating that upon the recommendations of the 1957 County Grand Jury that an overall Civil Defense Coordinator- be established for San Diego County, a meeting was held January 29, 1958, wherein the Board heard the expressions of eight of the Cit- ies and it was generally agreed that the establishment in Es- condido by the State of a sector civil defense .headquarters will provide .the needed c-oordinat-ion. Letter dated 5anuary 27, 1958, .addressed to the City ?Council I--.' from the Carlsbad High School P. T. A. inviting the City Council, along with members of the official City family, to be on hand to welcome the students and the faculty to their hew, school on February 17, 1958. Letter from Sail Diego Section of the Society of Civil Engin- eers enclosing a resolution adopted by the San Diego County Chapter of ASCE, opposing the use of union labels on engineer- ing drawings, for the Council's review. The Council requested the letter filed. Carlsbad Chamber of Commerce. Letter from the President of the Carlsbad .Chamber of Commerce, stating that since City pro- motion is a proper function 6f ;ithi:C.ha$ibeb.+:of Commerce, they would be pleased to -act as host for Carlsbad on February 17, 1958, the date set for the hearing on the Agua Hedi'onda La- goon, to the State and Federal officials who will conduct such hearing. . They requested that a sum, not to exceed $1-50.00, be appropriated for this purpose-. It was felt by the" members of the Council that these officials would be here at the City's request and this would be a good opportunity to show our ap- preciation. It was moved by Cmn. Robins-on that the funds be appropriated for the purpose of promotion for. the proposed har- bor. Seconded by Cmn. Helton. All ayes, motion carried. ORAL COMMUNICATIONS: -Th City Engineer introduced Mr. Roy Sanchez, 3482 Roosevelt Street, and stated that Mr. Sanchez had circulated a petition for the improvement of Roosevelt Street. Mr. Sanchez presented a drawing of all the lots in the area along 6th the petition. The petition contained sig- natures of property owners for the improvement of Roosevelt Street from Elm Avenue to the intersection of Magnolia Avenue. The Cit'y Attorney stated that if there were over bO%.of the owners' signatures on the petition that the- Debt Limitation Act can be waived, and-the Council could officially direct the City Engineer to proceed with the engineering of this project. The Council ordered the City Engineer to proceed with the preliminary engineering for Roosevelt Street-, and to check the signatures on the petition. DEPARTMENT AND COMMISSION REPORTS: Planning. 1. Vacation of Dortion of Buena Vista Circle - Greek - Ward. Memo cated February 4, 1958, from the Carlsbad City Planning Commission -stating they I-ad received a request for vacation of a portion of Buena--Vista Circle, lying within Buena Vista Gardens,' adjacent to Lots 8 and 9 owned by Wesley F. Greek and Chester C. Ward, and after being reviewed by a committee, the Commission recommends that the portions of the street as .outlined on the attached map be vacated.' The Council was pre- sented the map for their review. After considerable discus- sion, Cmn. Robinson moved that the City Attorney be instructed to prepare a Resolution of Intention to vacate a portion of Buena Vista Circle in accordance with the map presented. seconded by Cmn. Helton. All ayes, motion carried. Vacation of streets - Carlsbad by the Sea. Ocean Manor Antst, and B. W. Christiansen. Memo from Planning Commission stat- ing they had received requests from Carlsbad By the Sea, Ocean Manor Apts., and B. M. Christiansen, for vacation of portions of Cedar Ave. , Grand Ave ., and Elm Ave. A committee had been appointed to study these vacations, and after due consideration the Commission recommended that the City Council not vacate any of the rights-of-way of the streets under con- sideration. Mr. Bierce, resident manager of the Ocean Manor Apts., was present and asked that this matter be postponed for 90 days as there have been proposals whereby this matter could ) i. be worked out to the satisfaction of a.11 parties. The Council asked Mr. Bierce if he was speaking for all applicants or just the Oceam Manor Apts. He informed the Council that he had been unable to contact the other parties,. Cmn. Robinson moved that the matter be continued for two weeks in order to give other applicants an opportunity to request a continuance of the mat- ter. Sesonded by Cmn., Helton. All ayes, motion carried. Parking area for Carlsbad State Beach, Memorandum dated February 4, 1958, from the Planning Commission was read, stat- ing they had rece'ived a report in the form of a map from the City Engineer recohending the vacati.on of portions of Carlsbad Blvd. for parking areas to the State Park and Beach Commission, referredl the map and recomniendations to the Carlsbad Park and Recreation Commission, and upon receiving a favorable reply, recommend that the vacations be carried out as outlined in t.he City Eng:ineer's report. The map was submitted to the Council for their review. After considerable discussion a proposed resolution of intention No. 338 was presented to the Council for their review, declaring the intent'ion of the City Council to vacate the westerly portion of Carlsbad Blvd. between Pine Avenue a,nd Chinquapin Avenue; and establishing a time and place of hearing. It was moved by Cmn. Helton and seconded by Cmn. Ledlgerwood that Resolution No. 338 be adopted. Four ayes, Cmn. Baird absent. Resolution No, 338 adopted. 3. Proolosed contract - Master Planning Civic Center - George accordance with their 'instructions he had contacted Mr. George C. Hatch1 as architect 'for the preliminary plans for the Civic Cente.r, and Mr. Hatch had called at his office and they had gone ove!r the area proposed for the civic center; the Planning Commissimn held their first hearing on February 3, 1958., on the . proposedi site and locatidn of buildings. Mr. Hatch had submit- ted a prloposed contract for services on the preliminary plans, and if alpproved by the Council he would be present at the secdnd hlearing of the Planning Cornmission to be held on February 11, 1958;. The contract was presented to the members of the Council and the City Attorney for their review a'nd approval. After considerable discussion Cmn. Robinson moved that the prop- er signatures be authorized on the contract between the City and the Architect. Seconded by Cmn. Ledgerwood., All ayes, mo- t f on cam ied . 2. - . C. Hatchl. A. I. A. Mr. Nelson informed the Council that in b')' Engineering, 1. - Awarbd of Bid - Sewers - McKinley Street. 'fhe City Engineer informed1 the Council that sufficient monies had not been received to meet the low bi'd, but he was sure the money would be forth- ~ coming. It was moved by Cmn. Helton that the City Manager be instructed to enter into a contract with Don Hubbard, the low bidder, at such time as the funds are available. Seconded by Cmn. Ledlgerwood. All ayes, motion carried. 2. - Terr-. The City Attorney was asked to give a report on the meetings held between the com- mittee amd the owners of the Terramar Water Co. He stated that a series of conferences had been held to determine whether it would be possible to outline terms for the purchase of the Ter- ramar Walter Co. According to the Montgomery report, the company had a valluation' of $153,000, Since that time there have been additional improvements of $4O,OOO. The committee had tr3ed to work out, a plan whereby the City. could purchase the company on a lease-purchase 'agreement; however, the owners of the Terramar Water Calmpany were only interested in a cash purphase. After considerable discussion a figure of $12-0,000, with certain con- ditions, was offered to the owners of the company. The Mayor stated that the questi-on of where the funds would come from to make this purchase was given considerable discussion. The Mayor furthe'r stated tkiat he suggested to the committee that , the $l6'5;,OOO voted by the people Yn the bond issue for the pur- chase of? the Carlsbad Mutual Water Company, for rehabilitation of the Mutual, be used for the purchase of the Terramar Water Company, for the reasons that approximately $16,000 in revenue would be received from the company, whi'ch could be used towards rehabilitation, and would also give more security €or the party 8 I XI 4 p3 < 3 I purchasing the Mutual water bonds, After considerable discus- sion, Cnn, Helton moved that the City Attorney be instructed to prepare a contract for the purchase of the. Terramar Water Company, as outlined by the City Attorney, for the approval of ~ the Council at the next meeting, Seconded by Cmn. Ledgerwood, All ayes, motion carried, " 3. State Highway - Kemo-of kreement - Gas Tax Funds - Reso- lution No. 337. An Engineering Project Agreement for the fis- cal year 1958 from the State Division of Highways was presented to the Council for their approval, authorizing the City of Carlsbad 'to expend .funds in the amount of $2,000 for Planning and Drainage'surveys, Resolution No, 337 was presented to the Council for their approval, adopting budget and approving memo- randum of agreement for expenditure of funds allocated under Section 2107.5 of the 'Streets and Highways Code. Cmn. Ledger- wood moved. that Resolution No, 337 be adopted; Seconded by Cmn, Helton, Four ayes, Cmn, Baird absent. Resolution No. 337 adopted , 4. Reauest for 2-hr, Parking - Frank Small - Swar, or ShoD. Letter from Frank'Small, owner of Swap or Shop, was read, where- in he requested 2-hour parking in front of .his business, Letter of protest was read from the owners of the Carlsbad Theater, After considerable discussion Cm, Helton moved that the matter be referred to the Traffic Safety Committee and that a report be made back to the Council at their meeting of February 18, 1958, Seconded by Cmn. Robinson, All ayes, motion carried. c) Harbor, 1, Memo re Proposal to acquire land for harbor at Aeua Hedionda Lagoon. Memorandum from the Harbor Commission requesting the Couricil to place a $3,000,000 bond issue on the "April Municipal Election ballot was read, Letter dated February 4, 1958, addressed to t;he Council from Estelle C, Gerow, protesting the Patterson Plan and requesting that the matter be given'more consideration, Letter dated February 4, 1958, from A, H. Glissman opposing the bond issue and requesting that the matter be given more consid- eration. Letters from Assemblymen Frank Luckel, Jack Schrade, Sheridan Hegland and George Crawford, addressed to the City Clerk, stat- ing they had supported the harbor bills at the last session, and would certainly support the 'harbor financing bills when they were reintroduced at the next session. C, C*. FJALTERS, Chairman of the Harbor Commission, was present and stated the reasons the Harbor Commission was requesting that the bond issue be placed on the April ballot at this time, I MR. A. He GLISSMAN was present and asked that the matter be put off until the June election, as there would be a meeting with the State Small Craft Harbbr Commission on February 17, 1958, which would give us more detailed information as to how we shoulc proceed with the financing of the harbor, After a short recess the meeting reconvened at 9:15 Pe M, The Mayor announced that the discussion would be closed from the floor and the discussion would continue among the Councilmen, The Mayor asked for comments from the City Manager and the City Attorney, The City Manager stated that he felt we should find out what the State would require in the event there is a revolving fund, Would this revenue bond answer their requirements? It is true that *we do want the State and Federal agencies to know that we are serious in this matter, Mr. Nelson suggested that perhaps a smaller general obxigation bond would answer the same purpose. 'The City Attorney informed the Council that if they wished the bond issue to appear on the ballot for the Municipal Election in April, that this would be their last opportunity, He point- ed out that you may pass a bond issue and then do nothing about it. It is possible to vote the bond issue and have it ready in i dl e) f) g) 7- a) bl 8- a) b3' case you are interested in doing something with it. After considerable discussion, the members of 'the Council felt this was certainly a matter for the people to decide, and would give everyone an opportunity to express themselves. Cmn. Robinson moved that the 'Harbor Commission* s recommendation be accepted and that the item of he $3,OOO,OOO bond issue be placed on the April 8th ballot. Seconded by Cmn. Helton. All ayes, motion carried. 2. Lett,er - R. S. Osburn - request for Stock Outboard Re- gattnlarch 2, 1958.. Letter dated February 1, 1958, ad- dressed to the City Council from Richard s, Osburn, stating on behalf of the United Speedboat Association of Los Angeles, he would like to request permission to hold a stock outboard re- gatta at, Pirate's Cove on March 2, 1958, from 9000 A, PI. to si00 P. "Me Mr. Osburn was present and 'stated that the Association had to have 30 days' notice, and he had informed the Association that, it was 81 policy of the Council that the matter would have to go before the Harbor Commission first. After considerable dis- cussion,'Cmn. Robinson moved that the matter be referred to the Harbor Commission for their action and report. Seconded by Cmn, Helton. All ayes, motion carried. Fire and Police Reports. The monthly Fire Department and Police Departmeint reports were circulated among the Councilmen and or- dered filed. Finance Reports. The monthly finance report was'circulated among the Councilmen and ordered filed. Librarx. A progress report dated January 20, 1958, from Mrs. McCann, Chairman of the Library Commission, was read. The Mayor asked thkat a letter be directed to Mrs. McCann thanking her for the report. Park and. Recreation Commission. The City Manager informed the Council that the Parks and Recreation Commission were holding the matter of the purchase of the Hosp Grove aver until their next meeting. . OLD BUSI.NESS: - The .City Manager stated that he had received a letter from Frank Chiase, Superintendent of the Oceanside-Carlsbad Union High SchLool District, requesting that a meeting be set up be- tween Dr. Glines and himself to discuss sidewalks adjacent to pub1 ic skhool s. Carlsbad Mutual Water Companx. The City Attorney informed the Council that at the present time there are some legal snags in filing the suit. A meeting had been set up for February 6, 1958, at. O'Melveny & Myers with members of the Council,, City Manager and himself representing the City, and members of the Carlsbad. Mutual Water Company Board, to discuss the proper ave- nue to be used in this suit; a condemnation suit had been sug- gested. The Council felt that it was up to the attorneys to arrive a.t the proper avenue to be used as they are the ones who would be handling the suit. NEW BUSINESS: The City Attorney asked that the services of O'Kelveny & Myers be secured to handle the $3,000,000 revenue bond issue for the coming election, and requested that the matter be brought up at the conference with them on Thursday, February 6, 1958. By common consent of the Council it was agreed that O'Melveny a Myers be retained to handle the revenue bond issue. Notice of Election - Resolution No. 336. Proposed Resolution No. 336 was presented to the Council for their review, giving notice olf a Municipal Election to be held April 8, 1958. Be- cuase of a previous motion made by the Council at this meeting, wherein a $3,OOO,OOO revenue bond issue was to be placed on the balfot olf the Municipal Election on April 8, 1958, Cmn. Helton u. %R -ry c) I dl 0 -4 9- 0 .z -4 2 moved that Resolution No. 336 be adopted, with the addition of the $3,000,000 revenue bond issue. Seconded by Cmn. Led- gerwood. Four ayes, Cmn. Bird absent. Resolution NO. 336 adopted. Ordinance No, 8026 - Amendment to Ordinance NO, 8007 - Uni- form Building Code - Historical Buildin~s. 'Proposed Ordinance No. 8026, amending Ordinance No. 8007, was presented to the Council for their review, After considerable discussion, Cmn, Ledgerwood moved that this constitute the first reading of Ordinance No. 8026, Seconded by Cmn. Helton, All ayes, mo- tion carried. Resolution of Intention No. 3.39 - Assessment District No. 3-1957. Resolution of Intention No. 339, changing Resolution of Intention No. 299, Assessment District No, 3-1957, was presented to the Council for their review. The City Attorney explained to the Council that the l9ll Act had changed, and now instead of $25.00 bonds being issued, there would be $50.00 bonds issued. Because of this change, it was necessary to change Resolution of Intention No, 299, Assessment District No. 3-1957, and hold a hearing on February 18, 1958, regarding such change. Cmn. Helton moved that Resolution of Intention No. 339 be adopted. Seconded- by Cmn. Ledgerwood, Four ayes, Cmn. Baird absent. Resolution of Intention No. 399 adopted. PAYMENT OF BILLS - RATIFICATION OF PAYROLL. Cmn. Robinson moved'authorization of payment of bills from ' January 21, 1958, to February 4, 3958, in the amount of $3,920.72, as certified by the Director of Finance and approved by the Auditing Committee. Secondad by Cmn. Helton. All ayes, motion carried. Cmn. Robinson moved ratification of ..the payroll for the second L half of January, 1958, in the amount of $8,754.87, as certified by the Director of Finance and approved by the Auditing Commit- tee. Seconded by Cmn. Helton, All ayes, motion carried. 1 10- ADJ4XJRNMEWT. It was moved by Cmn. Robinson and seconded by Cmn. Helton that the meeting be adjourned. All ayes, motion carried. Meeting was declared adjourned at 10:15 P. M. Respectfully submitted, A Deputy City Clerk """""""""""""""""" NOTICE OF SPECIAL MEETING February 7. 1958 A special meeting of the City Council of the City of Carlsbad is hereby called for 2:OO o'clock P, M., Monday, February 10, 1958, at the Council Chambers of the City Hall, 2960 Pi0 Pic0 Drive, Carlsbad, California, for the purpose of considering the repeal of Resolution No. 336, and the adoption of Resolution No. 340 entitled nA Resolution of the City Council of the City of Carlsbad, California, calling and giving notice of the hold- ing of a regular municipal election to be held in said City on tain officers of said City. as required by the provisions of the laws of the State of California relating to general law cities, and repealing Resolution No. 336". I ~ Tuesday, the 8th day of April, 1958, for the election of cer- /sgd/ M. M, CASTORENA, Mayor of the City of Carlsbad, Carlsbad, California THE UNDERSIGNED MEMBERS OF THE CITY COUNCIL OF THE CITY-OF CARLSBAD, hereby acknowledge receipt of notice'of the afore- said special meeting on February 7, 1958. /sgd/ CHAS. €3. LEDGERWOOD /sgd/ PI. M. CASTORENA /sgd/ KO R, ROBINSON /sgd/ DAVID E. BAIRD /sgd/ C. R. HELTON - MINUTES OF SPECIAL MEETING OF CARLSB3AD CITY COUNCIL Pgbruars 10'. 1958 The meeting was called to order at 2:20 P. M, by:Mayor Castor- ena, Present besides the Mayor were Councilmen Ledgerwood, Robinson,, .Helton and Baird; City Manager Nelson, City Attorney Smith and City, Engineer Kubota, Members of the Council welcomed ,Cmn. Baird back from his vaca- tion. The Mayor announced that he had called this-special meeting of the City Council at this time -and place; he had received the 'written acknowledgement of receipt of notice by all members of the City Council, and he had directed the Clerk to file the signed receipted Notice of Special Meeting in the Book of Minutes at the page immediately preceding the Minutes of this Special meet- ing. The City Attorney informed the Council that at the conference held February 6, 1958, in Los Angeles, with O'Melveny .and Myers, the mattelr of the $3,000,000 revenue bond for the financing of the harbor had been discussed. He stated that in their opinion a revenue Pond could not be used for financing of a harbor in a General Law City such as Carlsbad, O'Melveny and Myers would contact Schwab,acher and Co, in regard to such bonds and would report to the City at such time as they had received an answer from Scharabacher and Co, He further stated that because of this fact, Resolution No, 336 would have to be repealed and a. new Reso1,ution adopted deleting the $3,000,000 revenue bond issue, R.esolution No. 340 was presented to the Council for their review, giving notice of a Municipal- Election to be held April 8, 1958, and repealing Resolution No, 336, It was moved by Cmn. Helton and seconded by Cmn, Ledgerwood that Resolution No, 340 be adopted, Five ayes, Resolution No, 340 adopted. -It was molved by Cmn. Baird ,and seconded by Cmn. Robin-son that the meeting be adjourned, All ayes, motion carried, The meet- ing was d,eclared adjourned by the Mayor at 2t25 P, M. Xespectfully submitted, WWdFGU MNGARET E. ADME A Deputy City Clerk "-"""""""-~""""""- MINUTES OF REGULAR BEETING OF CARLSBAD CITY COUNCIL February 18, 1958 1- The meeting was called to order at 7:OO P. M. by Vice Elayor Helton. Present besides the Mayor were Councilmen Ledgerwood, Robinson and Baird; City Manager Nelson, City Attorney Smith and City Engineer Kubota, Absent, Mayor Castorena, 2- It was molved by Cmn.. Ledgerwood and seconded by Cmn. Robinson that the minutes of February 4, 1958, be approved as submitted; all ayes, motion carried, It was moved by Cmn. Baird. and seconded by Cmn. Ledgerwood that the minutes of February 10, 1958, be approved as submitted. All ayes, motion carried, 3- ORAL COMMUNICATIONS: There were no oral communications. 4- WRITTEN COMMUNICATIONS: a, Business License - Tri-Citv Termite Service. Letter dated February 5, 1958, from Tri-City Termite Service wherein they stated they had been charged a $5O.OO fee for a Carlsbad City business license for both 1957 and 1958, despite the fact that it was a matter of record that other companies in the same business had paid a $24.00 license fee in the past years, They requested a definite ruling by the Carlsbad City Council as to what license fee is to be charged for their type of business.