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HomeMy WebLinkAbout1958-04-01; City Council; MinutesI .fD -4 n z 3 I I t from Zbn6 R-A to Zone WA, It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that Ordinance' No. 9084 be adopted, Three ayes, Cm. Robinson abstaining and Cmn. Baird absent. Ordinance #go84 adopted. (2) m re-" Ordiwce No. 9085 - Reauired vote of CounciA. Second reading was given Ordinance No, 9085, amending Ordinance No, 9060, by deleting from said ordinance the requirement of four Council votes to overrule the action of the Planning Commission, It was moved-by Cmn, Helton and seconded by Cmn. Ledgerwood that Ordinance No. 9085 be adopted., Four ayes, Cmn. Baird absent. Or- dinance No, 9085 adopted,. 8- NEW BUSINESS: (1)' mervation of Government in-=w- me council asked that this matter be:deferred until the meeting of April 1, ~..-," .... %.. .*. I ,/..,.- u. 1958, (2) mosed aendments to Ordinance No. 8010 (Electrical Codel, A rough copy of the changes being made in the e.lectrica1 code were presented to the Council for their consideration, No action was taken at this time, (3) The City- Attorney requested permission to attend the League of California Cities meeting for City Attorneys in April. By com- mon consent of the Council the City Attorney was granted permissiol to attend this meeting, 9- ~ PAYMENT OF BILLS - RATIFICATION OF PAYROLL: Cmn, Robinson moved authorization of payment of bills from March 4 1958, through March 18, 1958, in the amount of $4,727.93, as cer- tified by the Director of Finance .and approved'by the Auditing Corn mittee, Seconded by Cmn. Helton, All ayes, motion carried. Cmn, Robinson moved ratification of the payroll for the first half of March, 1958, in the amount of $8,891,78, as certified by the Director of Finance and approved by the Auditing Conrmittee. Secon, ed by Cmn. Helton. All ayes, motion carried. 10- AD JOURNMENf : By proper motion the meeting was adjourned at 12:05 A. PI. Respectfully submitted, A ,&&-z5T@& MARG E *v T E* A22E%iG """"".-"~""""""-"-~"""",. k MINUTESOF REGULAR MEETING OF CARXISBAD CITY COUNCIL April 1, 1958 1- The meeting was called to order at 7:OO P. M. by Mayor Castorena, Present besides the Mayor were Councilmen Ledgerwood, -Robinson and Helton; City Manager Nelson, City Attorney Smith and City Engineer Kubota. Absen$, Councilman Baird. 2- It was moved by Cmn. Helton that the minutes of March 18, 1958, be approved as submitted. Seconded by Cmn. Ledgerwood. All ayes, motion carried. 3- WRITTEN CORRESPONDENCE: a, .@DV of On-sale Beer License aDalication - RalDh 6' Eddie' SI. 370 Grand Avenue. The Council was informed that a copy of an applca- tion for On-sale Beer License had been received by the Chief of Po. lice and the Council from the State Board of Equaiization for their Coiincil the Chief of Police had stated he had no objection to the location, The Council stated they had no objection or comments in relation to the application. - comments or recommendation, The City Manager reported to the- b. Letter addressed to the City Council from John Ortega, requesting that stop signs be placed at the corner of Grand avenue and 'Hardin4 Street. It was mutually agreed by the Council the matter should bl referred. to the Traffic Safety Committee for their recommendation. c.' Buena Vi,sta Audubon Society. Letter dated March 2.0, 1958, from the Buenla Vista Audubon Society addressed to the Council. enclos- ing a copy of a resolution adopted by the Buena Vista Audubon So- ciety which was submitted to the bard of Supervisors requesting that a study be made and negotiations carried on with the State Park Commission with the view that the lagoon be either acquired and preserved as a county monument or as a state or even a nation- al monument. A map was presented to the Council for their review showing the present ownerships of the-lagoon. It was the decision Park andl Recreation Commission for their recommendation, - of the City Council that this matter should be referred to the d, uilton PIcLachlan - Hold card room license in abevance. Letter .- dated'March 22, 1958, on the building being used for a card room, and requesting that the license for a card room be held in abeyance until he was able to find a suitable location .for a card room. . He'further stated he would continue to pay the fees for the card tables. The Council asked if the Chief of Police felt the appli- cant hadl operated satisfactorily, They were informed the Chief felt that he had. After considerable discussion, Cmn. Robinson moved that the card room license held by Milton McLachlan be held in abeyance for a period of 90 days providing all fees are con- tinued Lo be paid, Seconded by Cmn. Helton. All ayes, motion car- ried. 4- *.' QRAL COMMUNICATIONS: a. GeorereWch - cktect - Prel;ararnarv Plan Civic Center. .Mr. .. Hatch prsesented a plan of the proposed placement of the buildings on the Civic Center Site. He explained the reasons for these placements. After considerable discussion, it was agreed by the Council that the plan should be submitted to the Library Commis- - sion, Pl!anning Commission, Park and Recreation Commission, and the Woman's Club for their recommendations and comments. 5- DEPARTMENT AND COMMISSION REPORTS: a . P1 arming . (1) =IRING - vacation of a nortion of Grand.Avenue and Cedar Avenue. Notice of Intention to vacate certain property on Grand'.Avenue and Cedar Avenue was read. Letter from the San Diego Gas & Electric Company was reviewed wh6rein they requested certain easements. The Council was informed that the proponents had withdrawn their request for vacation of a portion of these streets<, ROBERT WALWICK, representing the Zpiscopal Church, stated that he wanted it clarified as to the status of these street vacations if the applicant had withdrawn this request, He was informed that the matter would be closed, It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that the app:lication for vacation of a portion of Grand Avenue and Cedar Avenue- be. denied on the grounds that the application had been withdrawn by the applicants. The public hearing was closed at 7:40 P. M. (2) HEARING - Amendment $0 Ordinance %9060 -. blll.a=e serva uMbrtyaf.iesL Notice of hearing was read and publication cer- ' tified, Resolution of Intention No, 4 of the Planning Commission was reald, directing the Secretary of the Planning Commission to advertise for an amendment to Ordinance No. 9060 by adding to Section 1400, Ambulance Service and Mortuaries, and deleting from Section 800 Mortuaries; and declaring findings of fact which re- quire t:he Planning Commission to adopt this Resolution of Inten- tion, :Letter from Frank B. Smith addressed to the Council pro- test9ng tHfs cbange of ordinance which would allow mortuaries and ambulance stations to be erected in R-1, R-2 and R-3 zones. Postcarld dated March '28, 1958, addressed to the City Council from E. C. Pedley, 3679 Valley Street, Carlsbad, California, protesting the all'owing of mortuaries and ambulance stations in R-1, R-2 and R-3 zones. MR. DALE GINN, owner of the Carlsbad Mortuary, stated that in all due respect to these protests, he had been trying for four years I a 4 ra rt 2 I bo I topurchase property for a mortuary; he had an option on,,property when the zoning ordinance was being considered; after the zoning ordinance was adopted he had attempted to purchase property in the R-P zone, but because of the necessity of off-street parking he had been unable to find suitable location; when Mr. Kalicka was the planning consultant for the City he had recommended a certain location and he had taken an option on certain property; -as the area in which this property was located was being considered for rezoning the matter had been held up and he was forced to exercise his option; when Mr. Whitnall had taken over as planning consultant for the City he had asked Mr. Whitnall to look the property over and Mr. Whitnall felt this was a logical loca- tion because it was away from the downtown traffic; when the matter first came up before the Planning Commission it was recommended that this permit be granted .by way-of a special use permit; however, after reconsideration by the Planning Commission they now recommended that mortuaries not be allowed in an R-1, R-2 and R-3 zone; mortuaries located in a commercial zone are not good for a City and not good for them; there are other cities that have given special use permits to allow mortuaries in R-zones, and he had purchased this property in accordance with the recommendation ,of the two plannin& consultants, anc therefore requested that a mortuary be permitted'by a special use permit in an R-1 zone or potential R-3. Mr, Ginn was informed by the Council that the application for an R-3 zone of said area had been-withdrawn because of the misunderstanding .by the property owners of the restrictions created by a precise plan, but at the last meeting fo the City Council, the Council had instruct- ed the Planning. Consultant and the Planning Commission to explore this area to see what could be worked out as the property owners were anx- ious to have something worked out for this area other than an R-1 zone After considerable discussion it was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that this karing be continued to April 15, 1958, in order for the Planning Commission to .submit their report. All ayes motion carried. (3) HEARING -Continued-Resolution of Intention #341, Vacation of a por- tion of Buena Vista Circle. This matter had been continued for the ret son that the San Diego Gas and Electric Company protested such vacatiol until such time as proper easements had been executed by the applicant, The City Manager stated that he had not heard from the Gas and Electric Company in regand to these easements,. and suggested that the matter be continued until this information had been received. It was moved by Cmn. Robinson and seconded by Cmn. Ledgerwood that the hearing on Resolution #341 be continued until April 15, 11958, at 7:30 P.B. All ayes, motion carried. (4) Resolution of Intention #338 - Vacation of the westerly portion of Carlsbad Boulevard adjacent to Carlsbad State Beach. The City Attorney stated that he was unable to prepare a new resolution until a correct legal description has been submitted by the Stqte, By common consent 01 the Council the matter was continued until such le$al description has been submitted by the State. Engineering. (1) Roosevelt Street - Improvement Project, 1911 Act. The Council was informed that 54% of the 60% who signed the petition for the imroveme~ of Roosevelt Street under the 1911 Act desired a wider street. : RUDOLPH MORENO. stated that the property owners on Roosevelt Street hac been wanting curbs and sidewalks; the petition had stated a 40' paved street; however, the .property owners in the area wish to have" Rooseveli Street a 601 street and made a secondary street as it is used by prop- erty owners living in the south part of the City, LEONARD NEVAKES, state there had been a meeting held on Sunday afternnc by the property owners, and there had been a misunderstanding on the part of the petitioners in regards to the street width, He suggested that another petition be circulated to see what the people really want1 RUDOLPH MoRENO, asked if Roosevelt Street was considered a secondary street; he was informed-._that according to the Master Street Plan it wa not a secondary street, and if it were changed it would have to be ac- complished by the series of hearings, It was pointed out that the' reason for its not being a. secondary street is due to the fact that it is not a through street because of the jog at the south end. Mr. Moreni further stated that if it were declared a secondary street there were other ways of financing it. The City Attorney pointed..oflt that i* would have to be! declared a major street in order to qualify under the gas tax funds, The members of the Council pointed out to the property owners present that the Council. is interested in doin whatever they, the property owners, rant. If they wi.shed a wider street they should understand that the dost would be greater. The City Engineer was asked what the approximate cost would be per' front foot for a 40' street, 481 street and a 601 street. He submitted the follow ing figures: 40' width - - - - - - - - - - -$7:5O per front foot 481 width - - - - - - - - - - 601 width - - - --- - - - - - $15,00 " tl n -$9.50 " n n By common consent of the Council the Engineering Department was in- structed to hold up their work until the property owners could hols a meeting and discuss the *arious street widths, (2) Mine Road Se W er Pro.iect. 1911 Actt The Ciuncil was informed by the Engineering Department that the report from the Health Department had not been received. B$ commcan consent the matter was continued *;until the next meeting. (3) Juniper Avenue Sewer Project, 1911 Act, The Council was informed that a report had not been received from the Health Department as yet, By common consent the matter was continued until the next meeting, (4) South Carls€3. A proposed water main extention agreement between Solamar Mobil Estates, Carlsbad Industrial' Development and the City of Carlsbad was presented to the Cbuncil for their review, Discussion was given as to whether it should be based upon actual cost or estimated cost. It was mutually agreed by the members of the Council that, the contract should be based upon actual cost. It was moved by Cmn. Helton that this contract be approved; that the City Manager be ordered to si.gn this contract, and the City Clerk ordered to attest his signature and affix the seal of the City of Carlsbad. Seconded by Cmn. Ledgerwood. Three ayes, Cmn, Robinson abstaining, Cmn, Baird absent, * Motion carried. 2i short recess was declared by the Mayor. The meeting reconvendd at 9:30 P .14, (5) Kev Acres Stlbdivision Water Main Extension Proiect. A report was made by the City Manager regarding the negotiations between the Carlsbad Mubicipal Water District to serve water to Key Acres Subdivision, It was mutual1.y agreed by the Council that the City Manager continue negotiations with the Carlsbad.Municipa1 Water District. c.. Park and Recreateion- Commission, (1) Swimming Area - upper Ama Hedionda Lagoon, As no report was submitted the matter was deferred. (2) Tree removal,. A.report was submitted by the Park Superintendent listinr certain threes that needed-removal from City property, A memorandum from tl Strest Tree Committee was submitted recomexiding that these trees be re- moved. * It was moved by Cmn, Helton and seconded by Cmn, Ledgerwood that the City Council- accept the recommeddation of the Park and Recreation Commission for the removal of the trees as requested, All ayes, motion carried, (3) Weed abatement project, A map was submitted showing certain lots that have weed and trash nuisance, together with a list of such lots showing the parcel numbers and ownerships. By common consent, the members of the Council instructed the City Attorney to prepare a resolution for t,he abatement of such nuisances and present it at the next meeting, - d. Library, (1) Report on study of Lease-Purchase prospects, Mrs, Cole, the City Li- brarian, and Mrs. McCann, Chairman of the Library Commission, were present and the plan of the proposed placement of the buildings on the Civic Center Site was presented for their review. At the previous meeting Mr. Nelson was instructed to inquire as to financing of .permanent quarters on a lease-purchase basis. He stated that he had contacted three parties and that another party would be in to see him in bhe morning, By common e. I )o 4 n d < 3 - I 8- I consent. of. the Council, the matter was deferred until the next meeting. Health, (1) mest for comclaint apainst Luis &lontanez, Letternda$ed March 24, 1958, addressed to the City Council from Dr. J. B., Askew, M.D., Director of Public Health and City Health Officer of Carlsbad, requesting that a complaint be issued against Luis Montanez, 3434 Madison, for the illegal use of a pit privy. They stated that after numerous requests, visits, notices, letters, had been made over an eight-month period of time, and that the City Attorney had been contacted regarding the issuance of a complaint. Their staff members was notified by Mr. Smith that such complaints must be authorized by the City Council. They. further stated that the policy which the Council had adopted is unusual as this City, of the tbn which their Department serves, is the only City where author- ization by the Council is required, and that it works an undue hardship on their Department because of their limited staff. It was their recom- mendation and request that the Council modify their policy to permit their Department ot petition the City Attorney's office in the future regarding the processing of complaints related to illegal installations, or operations covered by the City's health and sanitation ordinances, fo which their Department provides services. After considerable discussion, it was moved by Cmn. Robinson and seconded by Cmn. Helton that the City Attorney be instructed to prepare a complaint against Luis Montanez for a health problem, and that the complaint be signed by the Health Officer of the City of Carlsbad. All ayes, motion carried. It was moved by Cmn. Robinson and seconded by Cmn. Helton that it be the policy of the City of Carlsbad that the City Attorney be authorized to prepare complaints upon the request of the Health Officer, and the com- plaints be signed by the Health Officer of .the City of Carlsbad. All aye motion carried. OLD BUSINESS: (1) -,est for adjustment in line costs - Alder Avenue - Josenh C. Turnl Letter dated April 1, 1958, addressed to the Council from Joseph C. Turnc stating he owns a pie-shaped lot fronting on Alder Avenue, with a 358.69 frontage, He requested that the line dosts fee for connecting ont,o the sewer main be adjusted equitable to the line cost requirement fee to the other occupants living on this portion of Alder Avenue. After considerab: discussion it was suggested that a 50% reduction be made, which would mal the' line costs based on approximately a 179' frontage. By common consent of the Council it was agreed that the 50% reduction be made with the provision that the City Attorney check the agreement between the City and Clarke .to see if this could legally be. done in accordance with the provisions of the .agree@nt (2) Qff Street Parking Lot - State Street. The Council was informed that a lease had been prepared by the City Attorney for off-street parking' on the property owned b;-y Reissner located on State Street. The Council was presented with copies of the lease for their review. Cmn. Robinson moved that the pro2er signatures be authorized for this lease, subject to the 30-day cancellation notice after six months. Seconded by Cmn. Ledgerwood All ayes, motion carried. NEW BUSINESS: (1) Wrvation of Government in case of disaster. The City Manager re- ported there was an amendment to the 1957 Military Code to provide that three persons be appointed to replace each elected officer and Chuncil- man of a city in case, of disaster. It was pointed out that this could be done by way of trading witb other cities. After considerable Bis- cussion it was moved by Cmn. Robinson that the Mayor be authorized to discuss the matter at the next Mayor's meeting. Seconded by Cmn, Helton. All ayes, motion carried. (2) ProDosed amendments - -kectrical Code, A memorandum form the Build- ing Inspector was presented to the Council setting forth suggested amend< ments to the 1956 Electrical Code, The Council was informed that these suggested amendments had been given to two of the electrical contractors in the City 86r their comments, and they had suggested that the rates'be the same as the County. Cmn. Robinson moved that the City Attorney be in' structed to prepare an ordinance to adopt the 1956 Electrical Code with changes being made as suggested $y the Building Inspector. Secondkd by Cmn. Ledgerwood. All ayes, motion carried, (3) Health Insurance for EmDlovees, The City Rwager hfopmed :the ,:Coun- cit that for several months the staff had been gathering information fro1 various insurance companies for the most suitable policy for health insur- ance for the emplloyees, and he recommended the California Western States Insurance Company, as he felt they carried the best policy; this policy has a $50.00 deductible clause; pays 100% up to $500.00 and 80% over $500.01 up to $5,000,00, This plan would be optional to the employees. It would cost approximate1.y $4.07 per month for each employee, and if they wanted their dependents added it would cost $8.17 per month additional. A survey had been made of the various cities throughout California and the majority of the cities are contributing 50% of the .employee's cost, not including their dependents. If the City were to contribute 50% of the employee's cost it would run approximately $80.00 per month. The City Manager was asked if he redonunended the California Western States policy and he stated he did as he felt that it is something that the employees should have. He further stated that it has been proven that employees who have such insur- ance prove to be more effieient employees, After considerable discussion, Cmn. Robinson moved that this health insurance plan be started immediatley; that the, City pay 50% of the employee's contribution, or approximately $2.0( per month; that the policy be optional to the employee, and that the City's contribution be taken from the contingent fund, Seconded by Cmn. Helton. All ayes; motion carried. (4) Petition -re-, Electrical Po3e. The Council was informed that a pWi- tion had been received from the Gospel Tabernacle signed by 63 persons re- questing that an electrical poleebe removed from their walkway. The City Engineer had called the San Diego Gas and ElecCkhc Company and they had stated if they removed this pole they would have -to install three more poles, After considerable discussion by the members of the Council, and the location of the polce explained to the Council, it was moved by Cmn. Robinson and seconded by Cmn. Helton that a letter be djrected to the San Diego Gas and Electric Company requesting that this pole be remmdd, (5) The City Mangaer reported to the Council the League of California Cities were holding a meeting in Monterey for the Diretors of Finance, and the Director of Finance had requested to attend. Cmn. Ledgerwood moved that the Director of Finance be authorized to attend the Finance Officers' Institute in Monterey. Seconded by Cmn. Robinson. All ayes, motion carried. (6) Cmn, Ledgerwood informed the Council he had received a phone call from a party living on Park Drive, requesting that something be done about a large dog as the neighbors w ere fearful of it, Cmn. Ledgerwood asked the party if he had called the Police Department and the party informed him he had but the Police Department had stated that nothing could be done. The City Mangager stated there must be some misunderstanding by the party as we do have laws that take care of such animals; in fact, we have even filed complains with the court. He requested the name and address and stated he would take care of the matter in the morning. Cmn. Helton asked what had happened to the brochure that was authorized to be printed reg,arding our street policy. T$e City Manager stated that he had submitted the. draft of the brochure to the Carlsbad Journal for print- ing last February, but as yet it had not been printed, Cmn. Helton asked if this policy could be amended whereby curbs and gutters only would be re- -quired, and perhaps something could be done to the rock gutters on some of the streets. Much discussion Wi3S given to the improvements of streets. It was suggested that perhaps a ciltizens' committee could help this problem. by holding a meeting so that property owners who are interested in the improvements of their street would attend and the matter be explained to them. It was pointed out that in some cities a general obligation bond was voted in and listed all the projects that are needed in the City. -PAYMENT OF BILLS- RATIFICATION OF PAYROLL: ~ Cmn. Robinson moved authorization of payment of bills from March 18, 1958, through April 1, 11958, in the amount of $8,365.27, as certified by the Director of Finance and approved by the Auditing Committee4 Seconded by Cmn, Iielton. All ayes, motion carried, Cmn. Robinson moved ratification of the payroll for the second half of March, 1958, in the amount of $8,774.39, as certified by the Director of Finance anc approved by the Auditing Committee. Seconded by Cmn, Helton, All yes, motion carried. ADJOURNMENT: I By proper motion t,he meeting was adjourned at 11:20 P.M. d Re &g.k-fyi pectfu ly s - hMAEGARET E. 'ADAMS.