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HomeMy WebLinkAbout1958-06-17; City Council; Minutes4 4 moved by Cmn'. Lough and seconded by Cwn. Sonneman that the hearing be Gantinuted until June 17, 1958 at 7:30 P.11. Three ayes, motion carried. It was moved by Cmn. Lough and seconded by Cwn. Sonneman that the meet- ing be adjourned. The Mayor declared the meeting adjourned at 5:09 P.M. Respectfully submitted, I """~."~"-"--""""""""""~ MINUTEiil OF REGULAR MEETIXG OF GAitLSBAD CITY COUNCIL June 17, 1958 1- The meeting was called to order at 7:OO P.Ei. by Mayor Baird. Present besides the Mayor were Councilmen Ledgerwoodsand Lough, and Council- woman Sonneman; City Manager Nelson and City Attorney Sqith. Absent, Councilman Helton. 23 2- INVOCATION: Invocation was offered by Cmn. Ledgerwood. -4 n 3 3-MIlSUT ES: 4 J It was moved by Cmn. Ledgerwood and seconded by Cmn. Lough that the minutes of June 3, 1958 be approved as submitted. Four ayes, Cmn. Helton absent . Motion carried. I Cmn. Ledgerwood requested the minutes of June 11, 1958 corrected under Engineering, Item 3, the word "entire!' be changed to read "greater". It was moved by Cwn. Sonneman and seconded by Cmn. Ledgerwood that the minutes of June 11, 1958 be approved as corrected. Four ayes, Cmn. Nelton absent, motion carried. It was moved by Cmn. Lough and seconded by Cmn. Ledgerwood. that the minutes of June .13, 1958 be approved as submitted. Four ayes, Cmn. Helton, absent, motion carried. 4-11TKITTEX CORKESPONDEXCE: I a. Carl abad Mutual Water Co, - Voluntarv Dissolution Proceedings. The City Manager informed the Council that a card had been received from the Carlsbad Mutual Water Co. addressed to the shareholders auth- orizing the voluntary dissolution of the company. Cmn. Lough stated, he would like to know how these funds are to be distrkbuted; he had re- ceived inquiries regarding this matter, and he did not feel the Council should authorize the signing of this card until such time a s the distri tion of the funds had been clarified. The City Manager was authorized to sign the authorization card at such time as the distri.bution of fund had been clarified and the citizens had been notified. b. Ers. Edward Yourell - Trimming Trees - Adams b Basswood. Letter fro Mrs. Edward Yourell addressed to the Council was read wherein she re- quested that a tree be trimmed at the corner of Basswood and Adarns. Th City Manager informed the Council the matter had been taken care of. hi0 action was taken by the Counc'il. C. Royal L. Smiley - Basswood Street Improvement. Letter from Royal L. Smiley requesting temporary improvement be considered for the widening of Basswood by partially filling the rock gutter running along Basswood Avenue. Enclosed in the letter was a sketch: A report from the Eng- ineering department was read in relation to the feasibility of this plan. After considerable discussion it was the feeling of the Council that all of Basswood should be considered due to the f act that addition al subdivisions have been constructed at the east end of Basswood caus- ing additional travel on Basswood. Cmn. Lough moved that the matter be referred to the Planning Commission for study and recommendation. Seconded by Cwn. Someman. All ayes, motion carried. d, Complaint of, sewer odors - Mrs. Ted Clarke. Letter from &s. Ted Clarke, 3915 Alder, requesting that an investigation be made of the area surrounding their residence as sewer odors were prevalent. The City Manager infoPp&ed the Council that they had received previous calh . 'V i: regarding this area, and he would have the Health Officer check on this matter tomorrow. Cmn. Helton was present at 7:31 P.K. GamINUED HEARING - Annexation "East Carlsbad Annexation No. 2.1." Upon advise of the City Attorney the Mayor declared the hearing continued un- til an adjourned meeting to be held on June 24, 1958 at 5:OO P.M. OKAL COPlMUNICATION& a. Request for permit for rifle range - Army and Kavy Academy, Col. :. i. A.tkinson was present and requested a permit for the Army and Navy Adad- emy to install a rifle range on Lot nAII of Granville Park #2. Col. Atkinson pointed out this is required by the Department of the Army. He presented a sketch of this plan. The Council was informed he had con- tacted the nearest property owner and she had no objection. Col. Atkinson also stated there would be no firing without an instructor present. By common consent of the Council the matter was referred to the Chief of Police for his xvxommandation and comments, b, Application for Taxi Service, The City Manager informed the Council the Yellow Cab. Co, of Oceanside had been providing taxi service for . Carlsbad, but they were no longer in business, and the Red Cab Co. and the.Blue Bird Cab. Co. wished to make applica.tion for such service in Carlsbad. The ordinance provides that the cab company must submit a pro- posed rate for such service and the Council must approve these rates be- fore they 'can operate, and further they must be screened by. the Police Department and a hearing held to consider the applications. Cmn- LOU& moved that a temporary permit be granted to both companies, provided they adhere to the previous rates approved by the Council for the Yellow Cab. CO., subject to a screening the Eolice Department, until a hearing can be held to consider these applications.' Seconded by Cmn. Ledgerwood. AI1 ayes, motion carried. MR. PIKE, operator of the Red. Cab Co., stated that he did not know how the approved rates were, but- .&here would certainly have to be a limitatiot because of the distance between Oceanside and Carlsbad. DEPARTMENT & COMMXSSION REPOKTS16- a, Engineering,, (1) f.ialanolia ,five. Sewer - 1911 Act. Health Officer's Ooinion. The City Engineer informed the Council' that an opinion from the Health Officer M been received for Magnolia Avenue arid Adams Stree, which contained the following information: June 5, 1958 The Honorable City Council of Carlsbad P.0, 'Box 265 Carlsbad, Califonnia ATTENTION: Mr. Jack Y. Kubota, City Engineer. Gentlemen:. I, the undersigned Health Officer of the City of Carlsbad, California' am familiar with the plans designated for sewers in the area of the proposed impnovement district 'on Magnolia Avenue and Adams. Street as outline on your map identified as Thum Lands Map 1681 in the .City of Carlsbad, County of San Diego, State of California. I understand that proceedings under the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California, are contemplated for the construction of sanitary sewers, as shown on the proposed improvement district Map 1681. I am familiar with the territory 'to be served by the proposed sewer system as shown on said map. Said territory is in dire need of sanitary swwers, and the public health requires that sanitary sewers be constructed to serve it. This letter is submitted pursuant to Section 2808 of said Code. I find and recommend as follows: 1. That the construction of sanitary sewers, as shown on said plans, is necessary as a health measure. 2. That proceedings for the construction of said sanitary sewers are I 3 4 3 3 2 I I 4: G.i 6 necessary as a health measure. 3. That proceedings for the construction of said sanitary sewers under the Improvement Act of 1911 are necessary as a health measure. 4. That 1, .2 and 3 above are necessary as a health measure. . JBA: IN: 1 Very truly yours, /s/ J. B. ASKEW J. B. ASKEW, N.D. Health Officer of the City of Carl sbad (2) Grand Avenue Sewer G 1911 Act. Health Officer's oDinion. The City Engineer informed the @unci1 that an opinion from the Health Officer had been receiveig .. for Grand Avenue, which contained the following .in- Eormat ion: <*' June 5, 1958 The Honorable City Council of Carlsbad P.O. Box 265 Carlsbad, California ATTENTION: Mr. Jack Y. Kubota, City Engineer Gentlemen: I, the undersigned Health Officer of the City -of Carlsbad, .California, am familiar with theplans dhsignated for sewers in the area of the pro- posed improvement district on Grand Avenue as outlined on your map'dated May 29, 1958 in the City of Carlsbad, County of San -Diego, State of Calif ornia. I understand that proceedings under -the Improvement Act of 1911, Division 7,'of the Streets and Highway Code of the State of California are contemp- lated 'for the construction of sanitary sewers, as 'shown on the proposed improvement district map dated May 29, 1958. I am familiar with the territory to be served by the proposed .sewer system as shown 'on said map. Said territory is in dire need of sanitary sewers, and the public health requires that sanitary sewers be constructed to serve it. This letter is submitted pursuant to Section 2808 of said Code. I find and recommend as follows: X. That the construction of sanitary sewers, as shown on said plans, is necessary as a health measure. 2. That proceedings for the construction of said sanitary sewers are necessary as a health measure. . 3. That proceedings for the construction of said sanitary sewers under the Improvement Act of lgll are necessary as a health measure. 4. That 1, 2 and -3 above are necessary as a health measure. Very truly yours, /s/J. E. ASKEW, PI. D. J. B. ASKEW, M.D. Health Officer. of the City of Carlsbad JBA:iW:E '' . The City Attorney informed the Council that in order to Eacilitate the proceedings of the two above mentioned areas, the two areas were being combined into one district. Proposed Resolution No. 401, ordering opinion of the Health Officer spread upon the minutes for Assessment District No. 3-1958, was pre- sented to the Council for their review. It was moved by Cmn. Helton and seconded by Cmn. Lough that Resolution #401 be adopted. Five ayes, Resolution '#401 adopted. Proposed Resolution #402 was-gresented to t hecouncil, appointing Engineer and fixing compensation for assessment District No. 3-1958. It was moved -I 5 by Cmn. Helton and seconded by Cmn. Lough that Resolution #do2 be adopted Five ayes, Resolution #402 adopted. Proposed Resolution #403 was presented to the Council for their review, appointing person to prepare all proceediqgs for Assessment District No. 3-1958. It was moved by Cmn. Helton and seconded by Cmh, Lough that Resolution #40:3 be adopted. Five ayes, Resolution #403 adopted. Proposed Resolution #404 was presented to the Council for their review, ordering plans and specifications for Assessment District No. 34958. It was moved b:y Cmn. Ledgerwood and seconded by Cwn. Sonneman that Resolution #404 be adopted. Five ayes, Resolution 8404 adopted. (3) Adams St. ;Sewer - Sewer Extengion Ordinance. The Council was in- form@ that the Engineering Department was ready to call for bids on I this projec.t, (2nd as the estimated cost will exceed $2,000.00, accord- ing to the Sewer Extension Ordinance %he City would have to call for bids. It was ]moved by Cmn, Lough and seconded by Cmn. Helton that the City Engineer !be authorized to proceed with obtaining bids. AI1 ayes, mot ion c arr ied . " (4) Reauest fo~r reduction in sewer extension line cost. Mr. Angelo, property owner at the corner of Hemlock and Garfield Street, requested a reduction in the sewer extension line cost in accordance with the Sewer Extension Ordinance. It was pointed out that Mr, Angelo had made a payment unde:r the 1911 Act and that amount would be credited towards .the sewer extension cost, however, Mr. Angelo requested a further re- duction. By common consent of the Council no further reduction was atithori zed . b. Planning. (1) HEARING - Zone chanfre R-2 to R-3, Lots 16. 17. 18. 19. and 20. Block Notice of hear:ing wcs read, Resolution No, 67 of the Planning Cbmmis- sion was read, recommending reclassification of the above described property from Zone R-2 to Zone R-3. A plat map of the area was pre- sented to the !Council for their review. There were no oral or written protests. Proposed Resolution No. 405 was presented to the Council for their review, announcing findings and decision regarding change of. zone . classification of certain designated property in the City of Carlsbad from Zone R-2 .to Zone R-3, It was moved by Cmn. Lough and seconded by Cmn. Helton that Resolution #405 be adopted. Five ayes, Resolution 8405 adopted. Proposed Ordinance No, 9089, amending Ordinance No. 9060, changing certain design.ated property in the City of Carlsbad from Zone R-2 to Zone R-3, was presented and read by the Council. It was moved by Cmn. Ledgerwood and seconded by Cmn. Lough that this constitute the first reading of Ordinance No. 9089. All ayes, motion carried. (2) Tentative Nap - Terramar Unit #6. The tentative map was presented for the Council to consider. Resolution No. 70 of the Planning Commissio was presented and read. Discussion was given to Items (1) and (2) of the canditions set forth in Resolution No, 70, regarding the septic tanks and why the Health Officer of the City of Carlsbad had reversed his decision regarding more subdivisions in this area. It was pointed out that the.restrictions were -greater than those imposed at the time Terramar Unit #5 was approved. Letter dated June 6, 1958 from Dr. Askew was read wherein he recommended that any future develop- ment in this area should be planned keeping in mind the need of a public sewer collecting system to serve this area, and if it was the desire of the City to continue developing this area on septic tanks and/or seepage pits, .it is further recommended that consideratlon be given to establishing a minimum lot size of 15,000 square feet per lot, He further stated there have been at least three failures in septfc tanks and cess-pools in this a'rea, primarily in the lower section of the area toward the present lagoon and in the vicinity of the Santa Fe Rail- road tracks, and as they had received numberous complaints concerning the water that is seeping through the bank on the ocean side of Terramar causing considerable erosion, it was their opinion that a portion of the water comes from the septic tanks and/or seepage pits. After*considerable discussion Cmn. Lough moved that Resolutkon #406 be adopted in accordance with the recommendations of the Planning Commission, exekptin Items (1) and (21, and amending Items (1) and (2) to provide that the entire subdivision be served by a Public Sewer rtPr'. Palis,ades. Crom et al. 4.5 System. Seconded by Cmn. Helton. Five ayes, Resolution No. 406 adopted . The City Manager was instructed to communicate with Dr. Askew regarding the previous decisions on subdivisions in this area.. (3) Street Width& The City Engineer presented drawings of different types of cross sections of street widths. The Council requested that copies be made of these drawings and sent to each of .the members for their review. A short recess was declared by the Mayor. The meeting reconvened at I 9:15 P:M. 8-OLD BUSINESS: (a3 Proposed lease of office space to Carlsbad Municipal Water District. The City Manager informed the Council he had. discussed this matter fur- ther wikh the-Municipal, and they indicated they would be willing to leaE a portion of the building for a one year period, with a 90 day cancel- lation clause at the end of one year, at the rate of $100.00 per month. The reason for this being, the Municipal had not provided funds in their 1958-59 budget for a new building. By common consent of the Council it was agreed that the City Manager continue negotiations with the Muni- cipal for a lease for a one year period, with a 90 day cancellation 0 4 clause at the end of one year. sa ri: (b) Carlsbad Mutual Water Co. The City Manager informed the Council 'z' that he and the City Attorney had attended a meeting of the Board of d Directors of the Mutual Water Co. and that August 1, 1958 was the date agreed upon that the City would take over the operations of the Mutual as it was felt the bonds would be sold by that time and the funds from the sale of the bonds would be available. I- NEW BUSINESS: (a) Discussion of 1958459 proposed budget, It was agreed by the Council that the discussion of the budget should start at the adjourned meeting of June 24, 1958. (b) Discussion of 1958-59 proposed pay plan. By common consent this matter was deferred. I 1- PAYMEXT OF BILLS - RATIFICATION GF PAYKGLL: Cwn. Sonneman objected to the statement presented by Mr. Chase in ye- gards to the cleaning of certain lots in relation to the weed abakement ordinance. Considerable discussion was given to this matter by the Council. Cmn. Lough moved that payment of this item be deferred until such time as Mr. Chase appeared before the Council and explained these costs. The motion dies for lack of a second. After further discussion it was agreed that this item be paid, but that any further payment to Mr. Chase be withheld until such time as Mr. Chase appeared before the Council and made an explanation of these costs. Cmn, Lough moved authorization of payment of bills from June 12, 1958 through June 17, 1958 in the amount of $3,341.41 as cert.ified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Ledgerwood. All ayes, motion carried. The Council requested that Mr. Chase be present at the regular meeting of July 1, 1958. It was moved by Cwn, Sonneman moved ratification of the payroll for the first half of June 1958, in the amount of $9,098.47, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Ledgerwood. All ayes, motion carried. I )- AllJOURNPIlENT: It was moved by Cmn. Lough and seconded by Cmn. Helton that the meeting be adjourned to June 24, 1958 at 4:OO P.M. All ayes, motion carried. The meeting was adjourned at 9:55 P.M. Respectfully submitted, Deputy City Clerk k MINUTES OF ADJOURNED REGULAR MEETIKG OF CAKLSBAD CITY COUXCIL June 24, 1958 The meeting was called to order at 4:OO P.M. by Mayor Baird. Present besides the Mayor were Councilmen Ledgerwood and Helton, and Council- woman Sonneman; City Manager Nelson, Absent, Councilman Lough, It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that this meeting be adjoulnned until 5:OO P.K. , in order that the members of the Council could attend the ttGroundbreakingll ceremonies of the new Palomar Airport. All ayes, motion carried. The meeting was adjourned at 4:03 P.M. Respectfully submitted, &Fflh MARGAI$ET E. ADAMS Deputy City Clerk. """"""""""""""""""- -* MINUTES OF ADJOURNED KEGULAR 1.1EETING CF CWLSBAD CITY COUNCIL June 24, 1958 The meeting wqs called to order at 5:17 P.M. by Mayor Baird. Present besides the Mayor were Councilmen Ledgerwood and Helton, and Council- woman Sonneman; City Manager Nelson and City Attorney Smith. Absent, Councilman Lough ,, CONTINUED HEARIh-G - Annexation "East Carlsbad Annexation No, 2.111, The Mayor announc:ed this meeting had been called for the purpose ,of con- tinuing the hearing of "East Carlsbad Annexation No. 2.1." The City Attorney informed the Council that no further action could be taken on this matter at this time a,$ the Writ of Prohibition was still effective. It was moved by Cwn. Sonneman and seconded by Cmn. Heltan that this, hear- ing on the annexation of "East Carlsbzd Annexation No. 2.1" be continued until the regular meeting of .July 1, 1958 at 7:30 P.N. All ayes, motion carried . SPECIAL ADVISORY COMNITTEE: The City Manager informed the Countil that Mr. Russell Grosse, Chairman of the Special Advisory Committee, stated the Committee planned to have their report ready to submit to the Council at the meeting of July 1, 1958. DEWLLS ON BEACH: Cwn. Sonneman reported the beach in front of the Carls- bad'Hote1 needed to be cleaned and wondered if this was the responsibility of the City. The City Manager stated in the past some of the organizations had participated in'the cleaning of the beach area and the City had assistec however, this is' private property and is used by other people rather th.an the property owners, It was moved by Cmn. Helton and seconded by Cwn. Sonneman that this meet- ing be adjourned,, All ayes, motion carried. The meeting was adjourned at 5:23 P.M. Respectfully submitted, F&& WET E. ADAVS Deputy City Clerk. -_"-""""""""""""""""~. - MINUTES OF KEGULU MEETING OF CMLSBAD CITY COUNCIL July 1, 1958 - The meeting was called to order at ?:02 P.M. by Mayor Baird. Present besides the Mayor were Councilmen Ledgerwood, Helton, Lough and Council- woman Sonneman; City Clerk Price, City llanager Nelson and City Attorney Srni th .