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HomeMy WebLinkAbout1958-05-20; City Council; Minutes6 .d this plant were a joint venture he would not be, Mr. Hayes asked Mr. Feist if he were .at liberty to say how this plant is to be financed, Mr. Feist informed Mr. Hayes his client would have to put up the initial cost and then any property owner who wished to use this plant would have to pay their share. Cmn. Helton asked Mr. Hayes if he would withdraw his request for annex- ation i.f they delayed the matter of annexation for two weeks, Mr. Hayes stated he would go along if he could be assured as to how the Council stood on the matter of this annexakion; the question of financing this plant was not certain to him as yet, and felt that anyone enjoying the use of this plant would have to annex to Oceanside, After considerable discussion Cmn, Lough moved that the City Attorney is hereby authorized and instructed to prepare a lawsuit against the City o Oceanside for the purpose of preventing their proceeding further with th annexation of the 12 acre tract included within the proposed annexation of "East Carlsbad Annexation No, 2.1ft. EXCEPTINGHOWEVEK, and unless, the City Council .of the City of Oceanside adopts a resolution or motion on or before 5:OO o'clock P.K., Monday, May 26, 1958, stating their intent& to continue their annexation hearing on the included 12-acres on or after June 11, 1958, and that the City Attorney is hereby requested to convey the interests and directions of the Carlsbad City Council to the I 2 .City attorney of Oceanside, Seconded by Crnn. Ledgerwood. Five ayes, n motion carried, !z 3 By proper -motion the meeting was adjourned at 6:.13 P.X, Respedtfully submitted, Deputf City Clerk """"""""-"""""~"""""- I MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL May 20, 1958 1- The meeting ,was called to order at 7:02 PiM, by Mayor Baird. Present besides the Mayst? were Councilmen Ledgerwood, Helton, .Lough and Council- woman Sonneman; City Manager NeBLon and City Attorney Smith. 2- Invocation was offered by T. Bruce Smith, City Attorney, 3- The Council asked that the minutes of May 6, 1958 be corrected as folloh Under Oral Communications the name of Mrs. Fred Lulk be changed to read Fred Luth"; and under Engineering, Item (4), the sewer problem on Junipe Avenue be changed to "Clearview and Skylineft, It was moved by Cmn. Ledge wood and seconded by Cmn. Helton that the minutes of May 6, 1958 be appr ed as corrected. All ayes,, motion carried. Cmn. Lough requested the minutes of May 14, 1958 be corrected as to the statement made by him in regards to the reorganization plan wherein he i formed the Council his company, stood ready and willing to offer any asg tance to the .City to read "his company stood ready and willing to offer any technical assistance to the City on a gratuitous basisot1 It was mow by Cwn. Sonneman and seconded by Cmn. Helton that the minutes of May 14, 1958 be approved as corrected. All ayes, motion carried. I &WRITTEN CORRESPONDENCE: a. Oceanside-Carlsbad Symphony Association, Letter from Oceanside-Carlst Symphony Association was read, wherein they requested that $1,5OO,OO be appropriated in the City's 1958-59 budget for the association, It waa moved by Cmh. Ledgerwood and seconded by Cwn. Sonneman that the communic tion be filed, and that it be considered at such time as the budget is discussed. Five ayes, motion carried. b, Dor_afiv 0. PenniQfton - Special oermit to OCCUDV a house trailert A petition was presented from Mrs. Dorothy Pennington, wherein she request ed that she be permitted to connect a house trailer to the sewer to en- able her to care for an elderly person. The Council was informed that ir order to permit this request the Trailer Park Ordinance would have to bc amended. After Considerable discussion it was the general feeling of tht Council that although they.were in sympathy with her problem, it this 3 request were granted it would set a precedent. By comnon consent of the Council the City Manager was instructed to inform Mrs. Pennington that in accordance with our Trailer Park Ordinance this request could not be granted.' Mrs. Pennington later appeared at the meeting and was informed of tlhe Council's action. c. Carlsbad Chamber of Commerce - Proposed budget 6or 1958-59. A copy of the DrODoS(4d budget from the Chamber of Commerce for the fiscal year 1958-59-was presented to each member of the Council. Mr. Albert Carne, representing the Chamber of Commerce informed the Council they intended to have their Budget Committee present at the meeting when the budget would be discussed. The Council requested that the matter be deferred until such time as the budget id discussed . d. Carlsbad Mutual lwer Co. - request bv Carlsbad MuniciDal Water Die - I trict to lease Dortion of suwlv vard. Letter dated May 16, 1958 stating that Carlsbad Municipal Water district had asked their office about leasing a 601 x 200' portion of their Oak Street yard on a long term basis for the purpose of constructing an office building and maintqin- ing a supply. They requested the City's views in this matter before their next r;.egular meeting of the Directors on May 20th. The City Manager informed the Council he had talked with Mr. Woods, and inform- ed him he cou:ld not speak for the Council but felt they would not be interested in a long term lease until such time as they knew what their needs would ble when they took over the operation of the company, After discussion the City Mangger was instructed. to inform the Mutual the City Council recommended that no long term lease be entered into fog any portion of the yard, but that permission be granted for thirty days at a time for use by the Carlsbad Municipal Water District. '- ORAL COMFNNZCATIONS: Report on sewage disposal plant on Vista Way. Mr. Glenn Feist, Mr. Cornel1 and Dr. Pomroy were present. Mr. Feist introduced Dr. Pomroy to the Counci:l. DR. POMROY, informed the Council he was not authorized by the City of Oceanside to appear here tonight, but was'appearing at the request of Mr. Cornell and Mr. Feist. He stated they had made a survey for Ocean- side some two years ago; they were now engaged to make a study of Ocean Vista Deve1op:ment Corporation; there seemed to be a difference between themselves and Brown and Caldwell. Brown and Caldwell were considering a long term plan, and they.were considering a plan that would take care of local needs, They had contacted Brown and Caldwell, and Mr. Kersnar had talked with Carlsbad's City Engineer today as to their opinion of this plan. Dr. Pamroy asked the City Engineer to relate the meesage he had received from Mr. Kersnar. 3ACK Y. KUBOTA, City Engineer, informed the Council that Mr. Kersnar ' stated there 'was a need for an over-all sewage plant in Buena Vista Creek and that it shouUl be a%ailable to all individuals or political subdivisions for joint use. They were not in specific opposition to the plant site as recommended by Dr. Pomroyp they felt that a plant would have to go in the water shed area on an interim basis. They stressed the importance of the availability of this plant to other neighboring property owne.rs and indicated that an equitable formula for the sharing of the costs of the plaat and the operations could be divised. The Mayor pointed out to Mr.' Feist that a committee has been appointed and felt this matter should be discussed with the committee and not &he Council at this time. Mr. FEIST stated he had to get over the first hurdle by having Brown and Caldwell confirm that this plan is beneficial to the City of Ca22sbad. He asked that the matter of litigation be withheld until this committee could meet . The Mayor asked the City Attonneyls opinion on the matter. The City Attorney stated that he knew noghing about the plan of the sewage plant, but felt the .matter of the annexation should be considered at this time, and that the Council should instruct him to prepare a suit to enable him th file i:n case Oceanside held their hearing on schedule. Cmn. Lough stated he felt some attempt should be made to contact Brown and Caldwell and have them advise the City on the formula as to the sharing of the costs of construction and operation of the plant, and as to the sharing of the reclaimed waters. It was the feeling of the Council that no action should be taken until I a -4 13 & -4 2 l6 I 4.;: such time as the committee from Oceanside and Carlsbad could meet and discuss this problem. SWIMMING AREA. Mr. Mathew Jarvie informed the Council he wqs here to in- quire as to what had happened on the proposed swimriling area east of the freeway. The City Manager informed the Council that a plan had been work ed out for a swimming area site, but that it had involved crossing pri- vate property and the City was unable to acquire permission for this tee passing so with the permission of the Council the plan had been dropped. The Parks and Recreation Commission have been working on a new project and the Chairman informed him they would soon be ready to submit this plan to the Council. .CARDROOM LICE&SE. Mrs. Phyilis Fitch appeared before the Council and re- quested the Council to consider her application $or a cardroom license. She was the owner of the Carlsbad Cafe' and for the past five years had leased the property; the building adjoining the cardroom had always been used for a cardroom; at the time they purchased the property the City wa leasing the building out it became necessary for the Lessee to apply for a license; she felt the license should go with the place of building; at the last meeting of the Council the Council approved the relocation of this license. She further stated that she and her husband were returnin to Carlsbad to take over and run the premises and requested the Council to issue an additional license. -rp" The City Manager stated a formal application had been filed by Mrs. Fitc and the Chief of Police had submitted his recommendation, which was read wherein he stated there was nothing derogatory in the applicants charact The City Council was informed that in accordance with our ordinance onlg one license is permitted for every 7500 population. The City Attorney informed the Council if the Council wished to consider applications for cardroom licenses, they could adopt a.resolution of intention declaring the intention of the Council to hold such hearing, and cancel the preser: license. After considerable discussion it was moved by Cmn. Ledgerwood and seconded by Cmn. Lough that his application be denied. Four ayes, Cwn. Sonnernan abstaining, motion carried. - not incorporated and a license was not required for a cardroom, After -3EPARTMENT AND COMMLSSION REPORTSL a. Engineering. (1) Seacrest Estates request for imorovement of Basswood St. Letter dated May 14, 1958 addressed to the City Manager from Seacrest Estates wes read wherein they urgently requested the City of Carlsbad to under- take proceedings under the 1911 Act, to improve Basswood Street to nor- mal city standards. The City Attorney pointed out that the City only . initiates proceedings for the 1911 Act on streets at such time as they receive a petition signed by more than 60% of the property owners re- questing such improvement. It was pointed out that Seacrest Estates does not; own property on Basswood Avenue. It was suggested that perhaps Sea- crest Estates would be interested in circulating such a petition for the improvement of Basswood Avenue, After considerable discussion by com- mon consent of the Council the City Manager was instructed to inform Seacrest as to the procedure of this requested improvement, and that it would be up to Seacrest to present a petition to the property owners for the improvement of Basswood. (2) Park Avenue Drainage Report: At a previous meeting of tile Council the City Engineer was requested to make a report on the drainage conditi of Park Avenue. The City Engineer presented an aerial map of this area and gave a brief history of the past proceedings and action by the Council on this drqinage problem. He pointed out that &his was a serior problem because of the drainage from the Highlands. Cmn. Lough asked if the engineer felt this was an emergency. The Engineer stated that he did not feel it was until the rainy season cane. After considerable discuss- ion Cmn. Lough moved that the matter be deferred until the master storm drain plan has been received from Brown and Caldwell. Seconded by Cmn. Helton. All ayes, motion carried. (3) Junip'er Avenue Sewer Project. The Council was informed that accordi.ng to their instructions the City Attorney had prepared procedd- ings for this project. Proposed resolution No. 37-9 was presented to the Council for their approval, finding construction of sanitary sewers and appurtenances and appurtenant work and proceedings therefor necessary aL q health measure for Assessment District No. 2-1958. It was moved by CmI Helton and seconded by Cmn. Lough that Resolution No 379 be adopted. Five ayes, Resolution No. 379 adopted. 3 Proposed Resolution No. 380 was submitted to the Council for their review, appointing engineer and fixing compensation for Assessment District No. 2-1958, It'was moved By Cmn. Ledgerwood and seconded by Cmn, Lough th.at Resolution No. 380 be adopted, Five ayes, Resolution No. 380 adopted. Proposed Reso:Lution No. 381 was presented to the Council for their re- view, appointing person to prepare all proceedings for Assessment Dis- trict No. 2011958, It was moved by Cmn. Helton and seconded by Cmn. Lough that Resolutilon No. 381 be adopted. Five ayes, Resolution No. 381 adoptec proposed Resolution No. 382 was presented to the Council for their re- view, approving plans and specifications for sanitary sewer work, and' approving assessment District Map for Assessment District No. 2-19'58, It was moved by Cmn. Ledgerwood and seconded by Cmn, Helton that Resolution No. 382 be adopted. Five ayes, Resolution No. 382 adopted, By common consent of the Council the City Attorney was instructed to prepare the Resolution of Intention for Assessment District No, 2-1958, (4) Skvlin'e Rd. a Clearview Ave. Server Pro-iect - 1911 Act. By common consent of the Council the matter was deferred until the next regular meeti:ng of the Council, (5) Discussion of Gas Tax Emenditures for 19 58- 59 L The City Manager informed the Council that an application had been received from the State in regards to the Gas Tax funds allocated to the City for the year 1958 - 1959, He stated the City received approximately $21,000 per year, and funds must be used for street improvements of major street The Council last year had agreed that the funds allocated for the year 1957-1958 be set adde until sufficient funds had been accumlated to improve Chestnut from Westhaven to El Camino Real, After considerable discussion by the Council it was the feeling of the Council that some- thing should be done about the area surrounding the new higkschool on Chestnut Avenue. By common of the Council the Mayor appointed Mr. Ledgerwood to work with Mr. Nelson on some plan for this area. The Mayor declared a short recess. The meeting reconvened at 9:32 P.M. (6) Discu;Ssion of Water Meters for Terramar. The Council was in- formed that as a condition precedent to the Terramar Water Company making a wholesale water connection to the Carlsbad Municipal Water District's aqueduct the Terramar Water Company as a condition to such connection had to agree to the provisions of Ordinance No.9 of the Carlsbad Municipal Water District, which ordinance states that all customers on unmetered connections would be put on meters not later than July 1, 1958. Cmn. Lough stated that there are a number of people in Terramar who are not advised of the stipulation between Mr, Cannon and the Municipal Water District, and he felt they should be advised about the matter. The matter of cost was discussed and it was felt the meters .could be installed for approximately $45.00 to $60.00 depending upon the size of tihe meter, The City Manager informed the Council he felt some method could be worked out whereby the custo'mers could pay on a month to month basis, and therefore an extension of time would. be necessary. By common of the Council the City Manager was in- structed to n.egotiate with the Carlsbad Municipal Water District to see if a reasonable extension of time would be granted to the customers of the Terramar Water Company to enable them to install these meters, A%O ALLEN KELLY, one of the Directors of the Municipal Board, was pre- sent and stat,ed he could not speak for the Board but did not feel it would make any difference to the Municipal as to the extension of time as the matter of meters was a means of conserving water. b, P1 anning. * 1: (1) CONTINUED HEARING - ProDosed amendment to Ordinance No. 9060 _(Ambulances &-Mortuaries) , At the last regular meeting of the Council they had requested this matter be s,ent back to the Planning Commission for clarifica*tion. The City Manager informed the Council the Tlanning Commission had not submitted their report as yet, Cmn. Helton moved that the hearing be continued until the next regular meeting, Seconded by Cmh. Ledge!rwood, All ayes, motion carried. (2) -,ion for vacation of Dortion of Ponderosa (Shore Drive. This matter hlad been ref-erred to the Planning Comnission for their -recommendation. The Council was informed the Planning Commission had not as yet submitted their recommendation. By common consent the matter was deferred until such time as the Commission submitted their recom- mendation. 4-f (4) Request for additional helD - Citv Clerk. The City Clerk iri- formed the Council that additional stenographic help was needed. This problem had been prevalent for some time, even before he became City Clerk. The City Attorney confirmed the Clerk's statement and he stated he was concerned about the overtime being put in. He flet there should be tkmporafry help hired up to July 1, 1958. The City Manager informed the Council that Mr. Dunne, Secretary of the Reorganization Committee, .had requested secretarial help to take the minutes of .their meetings. ft was moved by Cmn. Helton and seconded by Cmn. Lough that the City Manager be authorized to hire additional help on a temporary basis until July 1, 1958, to provide the City Clerk the help he needs, and t provide Mr. Dunne with secretarial help for the Reorganization Cdmmitt that the funds were to come from the Contingent Fund, up to the rate of $2.00 per hour. All ayes, motion carried. C. Park and Recreation. I, (1) 0- The Council was informed that H. F. Kelley had requested a tree owned by the City to be removed to. give. access for building. The Tree Com- mittee had recommended that the tree be removed at the applicant's expense. It was moved by Cmn. Helton and seconded by Cmn. Lough that the recommendation of the Park and Recreation Commission (Tree Com- mittee) be accepted. All ayes, motion carried. d, Harbor Commission. 0 -4 0 PP '6 3 (1) Resignation of David M. Dunne, Letter of resignation from David M. Dunne from the Harbor Cornmission was read. It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that Mr. Dunne's resigna- tion be accepted and that a letter of appreciation be sent to Mr. Dum All ayes, motion carried. '-OLD BUSINESS: a, Arswintments. Planninq Cornmimion (2) Harbor Commission (2) Par 1< and Recreation Commission (1). The Mayor announced that he would like to submit the name of Paul W. Swirsky for reappointment to the Plan- ning Commission. It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that Paul S. Swirsky be reappointed to the Planning Commission, for a four year term commencing April 8, 1958 to April, 1962. Five ayes, motion carried. The Mayor requested that all other appointments be deferred until a future date. b. Second readinp Ordinance No. 9087. change of Zone R-1 to R-3, ing Ordinance No. 9060 changing proerty to be known as Lots 1 through 12, inclusive, of Carlsbad Gardens from Zone R-1 to Zone R-3. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that Ordinance No. 9087 be adopted. Five ayes, Ordinance No. 9087 adopted. C. hrst readinp Ordinance No. 9086. ChanPe of Zone R-A to Zone C-2- IC PlazaL, Ordinance No. 9086 was presented to the Council and read, amending Ordinance No, 9060, changing property to be known as Paciff&;.Plaza from Zone R-A to Zone C-2. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that this constitute the first read- ing of Ordinance No. 9086. Four ayes, Cmn. Lough abstaining. Motion carried. I Isbad Gardens, Second reading was given Ordinance No. 9087, amend- I d. Resolution No. 377 and First reading of Ordinance No. 9088. Pro- posed Resolution No, 377 was presented to the Council for their revieb announcing findings and decision relating to the proposed amendment of Ordinance No. 9060, Secthon 1705, paragraphs B (1) and C (l), to allow alterations and repairs to nonconforming residential structures in the nCfl and ffM" zones. Cmn. Lough moved that Resolution No. 377 be adopted. Seconded by 'Cmn. Helton. Five ayes, Resolution No. 377 adopte Proposed Ordinance N0.9088 was Presented to the Council for their re- view, amending section 1705 of Grdinance No. 9060, allowing alteratior and repairs to nonconforming residential structures in the ffCvl and rlM' zones. It was moved by Crnn. Ledgerwood and seconded by Cwn. Sonneman that this constitute the first reading of Ordinance No. 9088. Five aye motion carried. e. Resolution No. 378 - Vacation of portion of Buena Vista Circle, 4 o,, Proposed Resolution No. 378 was presented to the Council for their re- view, vacating a portion of Buena Vista Circle, lying within Buena Vista Gardens adjacent to Lots 8 and 9; ordering Clerk to record a certified copy w&th the County Recorder of San Diego County. It was noted that a typographical error had been made in the heading of the resolution, the words "of portion" having been repeated twice. It was moved by Cmn. Helton and seconded by Cwn. Sonneman that Resolution No. 378 be adopted as corrected. Five ayes, Resolution No, 378 adopted. ;-NEW BUSINESS: a. Calendar for sale of Water Works Revenue Bonds. The City Manager info] ed the Counci.1 that the City Attorney. Mr. Guerin of Schwabacher and Co. and himself h*ad met at the office of-blMelveny and Myers to discuss the sale fo tihe water bonds. The calendar for the sale of the bonds was presented to the Council. It was suggested that an adjourned meet- ing be held on June 11, 1958 by the Council.to adopt the resolution authorizing t:he sale of the .bonds. The City Attorney was asked to ex- plain the procedure for the sale of bonds. b. Transfer of funds. The City ManBger informed the Council it. was necessary to :have certain funds transferred from the contingent fund to the various departments to provide sufficient funds for -the re- mainder of the fiscal year. The amounts needed for each department was stated. The City Manager requested the amount of $5,756.00 be trans- ferred from t:he Contingent Fund for these various departments. After considerable discussion Cmn. Helton moved that the transfer of funds ' from the Contingeht Fund to the various departments in the amount of* $5,756.00 be authorized. Seconded by Cmn. Ledgerwood. Five ayes, mot ion carried . c. Oadinp. of noad leadinp to Wm. E. Fair Dropertv. The Council was informed that Wm. K. Fair, owner of Solamar Trailer Park, requested the road leading to his trailer park be regarded due to the fact there is a dip in the road which will make it hazardous for twailers to travel on. The Engineering Department estimated the work to cost $1,000.00, Mr. Fair would be willing to contribute 1/3 of. this amount, leaving $750.100 as the amount to be contributed by the City. It was ' the feeling,o:F the Council this request would be purely an accomadation to Mr. Fair, ,and did not find it justifiable. 8-EAYMENT OF BILLS *- RATIFICATION GF PAYROLL, Cmn. Ledgerwood moved authoriaation of payment of bills from May 7, 1958 thru May 20, 119.58, in the amount of $5,110,35, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cwn, Sonneman,,, All ayes, motion carried. Cwn. Sonneman moved ratification of the payroll for the first half of May, 1958, in the amount of $8,966.01, as certified by the Director of Finance and approved by the Auditing Committee, Seconded by Cmn. Ledger- wood. All ayes, motion carried. 0- ADJOUKNMENT- By proper motion the meeting was adjourned at 10:40 P.M. . Respectfully submitted, T@&j ET E. ADAMS, Depuiy City Clerk- """"""""""""~"""""""- MINUTES OF XEGULAR MEETING OF CARLSBAB CITY CGUNCXL June 3, 1958 - The meeting was called to order at 7:05 Pili. by Mayor Baird. Present besides the Mayor were Chuncilmen Ledgerwood, Helton, Lough, and Councilwoman !jonneman; City Manager Nelson and City Attorney Smith. - Invocation was offered by T. Bruce Smith, City Attorney. - It was moved by Cmn. Lough and seconded by Cmn, Ledgerwood that the minutes of May 20, 1958 be approved as submitted. Five ayes, motion carried.