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HomeMy WebLinkAbout1958-07-15; City Council; Minutes,; G $j :q ..lg him but that he would not be afraid to tackle this amount, The past street policy did not work. Cmn, Helton stated he felt the Council should consider the entire budget before we consider a tax raise. Mayor Lough suggested that the figure proposed in the budget for road materials ($5,000.00) be set up to $20,000,00 and that the figure for labor ($5,000.00) be increased to $10,000.00. It was the mutual feeling of the Council that a street policy should be set up. After considerable discus- si.on, Cyn. Ledgerwood moved that the Street policy as previously adopted should be chahged as follows: That the City shall repair, maintain, rehabilitate or relay any oil-type streets in need of repair at the cost of the City by the use'of oil mix, and that ny oil. type street in which the property owners desire additiona: width or other improvements shall be borne by the property owner. Any . new street construction shall be of A-C or permanent type construction, and the cost shall be borne by the property owners upon their petition fo~ such type street. Discussion was given as to how this would be financed and to the cost of such project. Mayor Lough stated that rather than have Mr. Ledgerwood's motion fail, with the permission of thp: Council he would like to appoint Cmn. Helton and Cmn. Ledgerwood to confer with the City Manager in rela.tion to the cost of cold mix, equipment, etc. The cost of street lights and maintenance per year within the City of Carlsbad was discussed, ,I .. 5- Public Utilities " Conmission Hearing. The City Attorney informed the Counc: there was a hearing pending on proposed rates for the San Diego Gas and Electric Company; they have proposed a rate according to the density of population which would put Carlsbad in Class 2; the final hearing would be held in San Francisco on July 23, 1958; he h,ad worked with the City Attorneys of Oceanside and Escondido in preparing a brief, of which he had filed the previous day, Mr. Smith asked the Council if. they wished him to appear in San Francisco on the 23rd of July to represent Carlsbad. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that the City Attorney be authorized to appear in San Francisco on July 23, 1958, to represent the City of Carlsbad at this hearing. All ayes, motion carried. By proper motion the meeting was adjourned at 10:15 .P.h:. Respectfully. submitted, ' Depffty City Clerk """""-"""""""""""""" MINUTES OF REGULAR MEETIXG OF CARLSBAD CITY COUNCIL July '15, 1958 - The meeting was calld to order by Nayor Lough at 7:05 P.11.. 'Present beside the Mayor were Councilmen:,Ledgerwood, Helton and Grober, and Councilwoman Sonneman; City Clerk Price, City Manager. Nelson and City Attorney Smith. t- INVOCATION: Invocation was given by T, Eruce Smith, City Attorney. {- MINUTES: a. It was moved by Cmn. Helton and seconded by Cmn. Ledkerwood that the minutes of the regular meeting of July 1, 1958 be approved as . submitted. All ayes, motion carried. b. The City Attorney requested the minutes of the first adjourned meeting of July 7, 1958 be corrected on page 4, paragraph 3, changini the word lttestirncntff to .!!.testimonyIt and the word rrortl in the last line to lfandll. It was moved by Cmn, EIelton and seconded by Cwn. Sonneman that the minukes of the first adjourned meeting of Jhly 7, 1,958 be approved as corrected, All ayes, motion carried. 1- WRITTEN CORKESPOXDEKCE: a. Calif. Disaster Officer - Civil Befense Workshop, San Diego, July 23, 1958. . Letter from California Disaster YI .. ,t Office, San Diego, inviting members of the Council and City Officials to Civil Defense Workshop in San Diego on July 23, 1958. The City Manager was instructed to ackowledge receipt of the letter and inform them that as many would attend as possible. b: Charles Goodman - Patrol Boat on Lagoon. Letter from Charles Good- man' stating that on the previous weekend he was using his boat on the lagoon and the Police Patrol boat had damaged his boat in the amount of $62.50. The City Manager informed the Council hhat he had contactec the operator of the Patrol Boat and he could recall no such incident. The City Manager was instructed to' ackowledge receipt of the letter and inform the party that the letter would be filed. I '. C. Citv of Bakersfield - ProDosed lepislation - Federal HiPhwav Fund&, Letter from the City of Bakersfield enclosing proposed legislation fox Federal Highway Funds. The City Manager was instructed to ackno&$ec$gf r.eceipt of the letter and inform them the Council would review the matter at the earliest possible time. d. Friends of the Library - Thanks for use of City Hall Annex. Letter of thanks was read from the Friends of the Library for the use of the City Hall Annex. The Council requested the letter filed. 2 4 a 2 3 e. Lewis L. Chase - Weed Abatement.Letter from Lewis L. Chase explain. ing his procedure in doing contracturai work for the City of Carlsbad and clari.fied any allegations that his services were at a very excess- fie cost to tad payers. He pointed out that bidding was on a competat- ive basis and the bnly work done was authorized by City Officials. He expressed objection to the adverse publicity in the newspaper. Cwn. Sonneman requested that a letter be sent to Mr. Chase informing him that it was not the intention of the Council to have him notified by the newspaper. The City Engineer stated he had called Mr. Chase and personally explained the matter to him. 5- ORAL COL@KTKICATIONS: I Mr. Whitey Glissman owner and operator of Whitey's Boat Landing, pre- sented a letter to the Council which was read, wherein he requested the City Council to approve and post litterbug signs on the beach are: adjoining the freeway on the Carlsbad Harbor. The lett-er further statc he had sent hired help to the area to clean up the trash, aad at the present time it was in a clean condition and would like to see it kepl that way. He felt the erection of signs would help. The Council was informed the area had been cleaned several times by the City Employeer MR. 5HITEY GLISSMAN informed the Council he was confronted with the problem. ,Barrells are not successful because of the high tied; there have been cut feet .because of the broken glass; Saturday alone they had 5 injuries of -which- three were broken glass. MR. M. W. JARVIE, stated he had a.pproached this subject before. The Harbor area is a show place for Carlsbad. A decant area should be madc for the public to go and swim, and bhat now that we have a patrol boat they could be transported to a designated area. pr. GLISSMANL stated that a road could be built that would not cost more than $200.00 f.rom Pi0 Pic0 on down, and felt the City could certaialy afford this. The Council was informed the Park and Recreation Commission have felt that this location for 4 road would not be adequate for children due to the length of the road, and they are ,con&idering a road along the ixission for such location, but as yet they had not received an answer I . railroad. A letter had been' written to the Santa Fe asking for per- Eiscussion was given to trash along the beach area and the lagoon. Mr. Larry .Buchart was present and stated that signs should be placed along the entire beach. It was pointed out that at a previous meeting the City Manager had been instructed to meet with a committee fron the Chamber of Commerce and try to work out some solution for cleaning up the beach area. Mr. Nelson informed the Council he had notified the Chamber of Commerce and was','waiting to' hear from t hem. . By common consent of the Council the City Manager was instructed to negotiate for several signs to place along the beach area without waiting for the Chamber of Commerce. Request for employment of part-time secretary. City Clerk Price informed the CounciI that in view of the terrific workload he would like to re- quest additional help for the Planning commission. He further stated that Mrs. Adamsi had been doing the work, but due to the workload is unable to continue putting in the Bxtra hours that it requires, He had requested extra, help in May, and the Council had granted temporary help, but that it was, necessary to have a part-time secretary permanently, and requested that consideratdon be given this matter, Mayor Lough in- formed Mr. Price that before the meeting adjourned they would take the matter up. - BID OPEXlhG: Garfield Street Imorovement - Curb and Gutter. Sidewalk, The City Clerk informed the Council two bids had been received up to the hour of 7:30 P.M. The Mayor requested the bids bo be opened, DARWIN TRA,NSPOR!L'ATiON COMPANY Sol ana Beach, . $3,012.98 JOE $1. AF'ODACA, Carlsbad . $2,037.80 The Mayor requested the City Engineer and the City Attorney to check the bids and report back, Later in the meeting the City Attorney re- ported the low bid was not satisfactory due to the fact that the security was not satisfactory, and informed the Council they could reject these bids. He pointed out that the low bid was only $37.80 over $2,000,00, and perhaps the low bidder would be willing to accept the job at a figure under $2,000.00, thereby allowing the City to proceed without further bids, It was moved by Cwn. Sonneman and seconded by Cmn, Ledgerwood. that all bids be rejected for the construction of curb, gutter and sidewalks on Garfield Street, All ayes, motion carried. It was moved by Cmn. Ledgerwood and seconded by Cwn. Sonneman that the City Manager be author- ized todttempt to obtain a bid below $2,000.00, and if he is successful in obtaining such bid that he be authorized to accept such bid, All ayes, notion carried, . HEMIX - ADDeal of Variance Granted to Lillian M. Garrett. Notice of Appeal was read and Affidavit of Publication was presented. The Mayor . announced the Council would hear 811 those in favor of or opposed' to this matter. MR. GLENN FEIST, Attorney at Law, representing some of the property owners in the area, stated the property owner did not adhere to the de- cision of the Planning Commission, and did not adhere to other property owners before she started buildink; Ghether it was.an administrative problem or whether it was due to the property owner, the important thing is that Mrs. Garrett was given notice. The Planning Commission should stand by their first decision. XR. i\rILLIAM DAUBNEY, Attorney at Law, informed the Council he represented Mrs. Garrett, and as far as the notice being given, the contractor, Mrs. Garrett and Joe Apodaca are present, and would be willing to answer that question; he did not believe the Planning Commission would allow any personalities to interfere with their opinions. The building is now in accordance with the last variancegranted. This property has been zoned R-3, and felt it was only proper that the Council should respect the de- cision of the Planning Commission and asked that the Council uphold the - decisions of the Planning Commission, by n. GLENN FEIST, informed the Council this was not the first time this has ahppened to Mrs. Garrett; this was a similar type of situation that happened approximately two years ago, The property owners in the area felt that Mrs. Garrett should abide by what the Planning Commission granted in the first place. MR. DAUBNEY, asked that the Council uphold the decision of the Planning Commission of the last VarianeR granted, He did not feel that ny pre- vious building should have any bearing upon this decision, MR. VASQUE2 asked that the report of Mr. Whitnall submitted at the time the first variance was granted be read. ., A five minute recess was ca31ed in order that his report could be presente The memorandum from Mr. Whitnall was read. The public hearing was closed at 8:14 P.M. Cmn. Grober stated he felt that the Plannine Commission had investigated this matter and that the Council should upho1.d the Planning Com@issionts decision. Mr. Nelson was asked to expl.6d.n; theeadministrations 4% action in this matter. The City Manager explained that the Building In- spector had rei3erred the plot plan to the Secretary of the Planning Com- mission, who initialed and approved same prior to the issuance of a building permit. The plot plan was presented. Cwn. Sonneman stated she hac been present at the meeting of the Planning Commission when this matter had been discussed, and Mr. Whitnall had pointed out that you could place the building any way you wanted but the lot fronts the same, therefore, it would be discriminating to not allow this wariance when the adjoining property had been granted a similar variance. After considerable discussic Cmn. Helton moved the Council sustain the findings of the Planning Com- mission and that Resolution No., 419 be adopted, setting forth certain findings in regard to a variance on Lot 41, Granville Park, and denying tf appeal for the granting of such variance. Seconded by Cwn. Sonneman. Five apes, Res. #419 adopted. I 8-ENGINEERIXG - Public Work%. a. ReDort on bids received on LiEhtinp District No. 1-1958. The City Eng- ineer informed the Council that he had examined the bids received on July 1, 1958 as'to securities, respinsibility of bidder, .type of contract< license .held and he' had found that Ets - Hokin and Galvan was the low bidder. The City Attorney stated be' had examined the bid security for amoubt, sufficiency and execution and found it to be in order. Resolution 3 No. 418, Resolution of award .of contract for Assessment District No. 1-19! 4 was presented to the Council for their review.. It was moved by Cwn. '3 Sonneman and seconded by Cmn. Ledgerwood that Resolution No. 418 be adoptt C Five ayes, Resolution No. 418 adopted. d L j b. Disdon of Sewer Lateral Contract ex&inP AuFust 21. 1958, The City Manager informed the Council that on August 21, 1958, the contra( between the City of Carlsbad and Leo William for sewer laterals would expire; some thought had been given to the City doing this work at such time as the Mutual Water Co. was acquired by using the combined forces continue this work by contract that perhaps they would wish to make some changes in the contract. The Council reauested this matter deferred until . of the Public Works Dept. and the Mutual; or if the Council chose to . I a later date. C. New Location for Carlsbad Refuse Disposal Area. The Council was informf this matter was before the Board of Supervisors at this time. The City Manager reviewed with the Council a lekter that had been sent to the " Board of SMpervisors on January 9, 1958 approving the new site, but in tht event they desired to keep the present location that a cut and fill pro- cess be used instead of the present method, because of complaints having been received by the City in regards to odors. It further stated that if the County were g-oing to give up this site that consideration be given to the relinquishment, of the property to the City of Carlsbad since the land was orfgkbally owned by the C*lsbad sanitary district. By common consent of the Council the City Manager was instructed to send a letter of renewal to the Board of Supervisors setting forth the previous policy. d. Resolution of Intention - Juniper Avenue Sewer. Proposed Resolution No. 417 was presented to the Council for their'review, repealing and re- scinding Resolution No. 388; declaring its intention to order the con- struction of certain sanitary sewers and appurtenances and appurtenant I work in said City; declaring the work to be of more than local or ordinar: public benefit; describing the district to be benefited by said work and to be assessed to pay the cost and expense thereof; determining that bondr shall be issued to represent assessments to be levied; and fixing the time and place for the hearing protests and objections to said work on the extent of the district to be assessed, or both, and giving notice thereof for Assessment District No. 2-1958. It was moved by Cmn. Helton and seconded by Cwn. Sonnernan that Resolution No. 417 be adopted. Five ayes, Resolution No. 417 adopted. I #-PLANXING. ." a. Discussion of Mortuaries and Ambulances in Residential Zones& The Nayor brought the Council up to date on t.he previous-action by the Plan- ning Commission and the Council on this matter by stating that the Plan- ning Commission had adopted a Resolution of Intention to amend Ordinance No. 9060 to allow ambulance service and mortuaries in all zones except K-I, R-2 and R-3 zones, by a conditional use permit; a hearing had been held by the Planning Commission; the matter had been sent to the Council for their review and they had decided to allow mortuaries and ambulance services in all zones except R-1 and R-2 zones, by a conditional use permit; this matter had been referred back to the Planning Commission for their consideration. A memorandum had been received from the Plann- ing Commission. recommending that no mortuaries or ambulance service or any other commercial enterprise be allowed under any condition in any R-1, R-2 or R-3 zones, for the reason that it would be opening up an avenue to permit commercial enterprises in the residential zo113 S. A re- port was read submitted by Mr. Whitnall setting forth the reasons for the Planning Commission's recommendation. FRANK StfITH, stated he felt the Council should uphold the recommendation of the Planning Commission. 'Mr. Smith read a letter setting forth his reasons for not allowing mortuaries and ambulance service in the Pi0 Pic0 area, MR. TUCK, 3324 Eureka Place, stated the Council had upheld the decisions of the Planning Commission previously, and felt they should certainly up- hold this decision. After considerable discussion by the Council Cmn. Ledgerwood moved that the City Attorney be instructed to prepare an ordinance in accordance with the recommendations of the Planning Commission. Seconded by Cwh. Sonneman. Five ayes, motion carried. b. Discussion of sewers for Terramar Unit 66. The Mayor informed the members of the Council due to a request by Mr. Cannon this matter would be deferred until a later date. C. Discussion of fence in Shore Drive, Terramar. The City Manager inform the Council the Terramar Association had requested this matter withheld for a thirty day period in order for them to work out some solution to the matter, and the thirty days were up. By consent of the Council the matter was deferred, d. Resolution of Xntention - Rezoning Roosevelt Street - Grand to Laguna. The City Attorney stated it was not quite clear to him if it was the desire of the Council to rezone both sides of Roosevelt from Grand Ave- nue to Laguna, exceptin that portion already zoned C-2. The City Attorney was informed it was the intention of the Council to rezone both sides of Roosevelt, exceptin that portion already zoned C-2. I- OLD BUSINESS: A. Recommendation of Street Tree Ordinance. The Council requested this matter deferreld until a later date. b. Sale of Sur,plus property. By common consent of the Council this matter was deferred until a later date. C. Lease of va,cant lot adjacent to Water Company Office. The City Manager stated that he had contacted Mr. Piper regarding the lease of the pro- " perty adjacent to the Water Companyts office, and Mr. Piper would be will ing to put the following improvements in, providing he be given credit against his relnt of $125.00 per month: Inst.al1ation of sewer connection Installation of sidewalks on Elm Avenue and Jefferson Street Installation of curbs on Jerrerson Street. Removal of trees on the property B1 aclktop the lot Put up a fence and build an office in accordance with the plans submittbd. After considerable discussion by the Council, the Council agreed that the City would agree to credit against Mr. Piper's rent of $125.00 per month for ,a three year period, the cost of the curbs and sidewalks, and sewer connection only, but would not give any credit for the black- toping, remova:L of trees, fence, or any other improvements that bir. Piper might wish to construct. The City Manager further stated that Mr. Piper would like to be guaranteed a three year lease, with a right of first refusal of a renewal of the lease. The Council agreed to a three year lease, wi1;h a. right of first refusal of a renewal of the lease after three years. It was moved by Cpm. Helton and seconded by Cmn. Ledgerwood that the City Manager and the City Attorney be authorized to negotiate Eor the lease of this property on the basis as outlined. All ayes, motion carried. d. Employment t2f part time help for Planning Commission, Earlier in the P 1 meeting the City Clerk had requested a half time secretary for the Plann- ing Commission in accordance with their proposed budget, due to the work- load. It was moved by Cnn. Ledgerwood and seconded by Cmn. Helton that the City Manager be authorized to employ a half time Secretary for the Planning Commission as provided in the proposed budget, at the pay recom- mended in the budget in advance of the approval of the proposed budget for the Planning Commission. All ayes, motion carried. e. &a - Hedionda Sailing Club. - Race dates July 20 and August 10, 1958. Mr. Byron L. Jessup was present and .informed the Council the Glub was interested in setting up a universal sale course. He presented a map showing the flag marks; he pointed out that due to the winds the course might have to be changed some; the race would be scheduled for 3:OO P.M. and end at 5:OO P.E. on July 20, 1958 and August 10, 1958. The Council asked if the rest of the lagoon would have to be closed off for this racf They were. informed that it would not, however, according to the rules, a sail craft has priority over everything except swimmers. The Mayor re- quested the papers give this matter publicity in order to give notice to other boat operators. It was moved by Cmh. Helton and seconded by Cmn. Ledgerwood that the race dates be approved, and that the Police Patrol bf instructed to take the necessary safeguards to regulate the lagoon on the dates approved. All- ayes, motion carried. f. Report of Special Advisory Committee. The Mayor asked that this matte1 I I be deferred until the adjourned meeting of July 21, 1958, I I g. Discussion of 1958-59 proposed budget and Pay Plan. The Mayor requestc this matter deferred until the adjourned meeting of July 21, 1958. i " -1-NE\J BUSINESS: a. New Contract -. DOE Control. By common .consent this matter was defeprec until some future date. I b. Annual City Picnic. The Council was informed that July 16, 1958 markec the sixth birthday of the City of Carlsbad, and asked if the Council in- tended to have their annual picnic. The Mayor requested the decision of this matter be deferred until after the adoption of the budget. C. - Resolution of Appreciation e Fornier Mayor Baird. Proposed Resolution No. 420 was presented to the Council for their review, expressing its gratitude and appreciation to David E. Baird. It was moved by Cmn. Heftor and seconded by Cwn. Sonneman that Resolution No. 420 be adopted. Five ayes, Resolution No. 420 adopted. !2-P_A'PMEMT OF BILLS - RATIFICATION CF PAYROLL. - Cwn. Sonneman moved authorization of payment of bills from July 2, 1958 to' July 16, 1958 in the amount of $9,973.48, as certified by the Director of Finance .and approved by the auditing Committee. Seconded by Cmh. Ledgerwood, All ayes, motion carried. Csun. Sonneman moved ratificiation of the payroll for the first half of July, 1958, in the amount of $8,911.78, as certified by the Director of Finance and approved by the Auditing committee, Seconded by Cmn. Ledger- wood. All ayes, motion carried. - 3- BDJOBR'%HEEJTk Mayor Lough stated it was vital that the Council take up the reoommend- ations of the Advisory Committee before the approval of the budget. The report was handed to the Council shortly before the last regular meeting, andsthey were not keying to sidestep the issue. He felt the most logical time would be at an adjourned meeting on Monday, July 21, 1958. It was moved by Cwn. Sonneman and seconded by Cmn. Grober that this meeting be adjourned to July 21, 1958, for the purpose of considering the report and the budget. All ayes, motion carried. The meeting adjourned at 11:07 I Respectfully submitted, Deputy City Clerk ~"~-"-""""""-"""""""~,". 7 MINUTES OF ADJOURNED REGULAR f4EETING OF CARLSBAD CITY COUNCIL July 21, 1958 The meeting was called to order by Mayor Lough at 7:04 P.K. Present besides the Mayor were Councilmen Helton and Grober, and Councilwoman Sonneman; City Manager Nelson. Absent Councilman Ledgerwood and City Attorney Smith, The Mayor announced this meeting was for the purpose of discussing the Advisory Committee's report and to discuss the budget. The matters in the report were aired at a public meeting and the discussion will be limited to the Council on the Lough-Sonneman Report and the Advisory Committeels report; the budget has been delayed in order that the Chamber of Commerce could submit their reports and comments, There will be no open forum and no final action would be taken at this time due to Mr. Ledgerwood's absence. The Mayor asked that Mr. Ledgerwood be furnished with a copy of, the minutep showing &he discussion by the Council . 8" The Mayor informed the Council he felt it was his duty to act as arbi - trator. He wanted the record to show that neither he or Mrs. Sonneman attended any of the meetings of the Advisory Committee; he felt it was unfortunate that two of the members of the Committee saw fit to have any animousity towards himself or Mrs. Sonneman; he had hoped that the selection of the committee would show no animousity; by an article in th Journal an attempt was made to try and shove down the throats of the Council the findings of the Advisory Cornittee, and he regreted exceed- ingly this article was printed. This community is small and no editor or publisher should resort to such tactics. Name calling and Ifmud slinging" started back in July 18, 1957 by an article in the Journal in relation to a meeting of the Carlsbad Mutual Water Co.Mayor -Lough quoted from an artic1.e in the Journal dated July 18, 1957, wherein R. R. Robinson,. President of the Mutual at that time, and former Councilman, stated that Mr. Laugh's tactics were tlungentlemanlyff and "without scruple1", Upon the advice of three attorneys he considered filing suit, however, he did not answer that charge. This particular charge seemed to be the signal for general "mud slingingtf and "name callingt1 and attack.s upon some individuals who maintain their democratic right. He felt the matter reached a head in the article of the Journal on July 17, 1958; he wanted the Council to know he has filed suit against the Journal in order to have a test case to see how far a man can go in name calling; he would be the first to uphold the freedom of the press; they are guaranteed by the Constitutuion of the United States, but he feit when an individual, whether he was a publisher or an individual citizen, begins to attach hi character or Mrs. Sonneman's, or any member of the Council, the matter should be submitted to the Court. If the Council is going to be sub$kctc to "name callingf1 and to pressure, then he felt it would be difficult to. find anyone to sit on the Council. The City Attorney was present at 7: 30 P.N. , Mayor Lough further stated the fact that the Council had selected. him as $he Mayor, placed the Council in an embarrassing postion, and if this were true he was placing before them his resignation as Mayor, and at any time be was not acting as a gentleman or was embarrassing the Council in any way they could take action. There have been indications of a recall, and if this were true they should be sure of their .reasons; he has $125,0100 invested in this City and an asphaltic company; he was independent a,nd hoped he could continue so; he informed the Council he would entertain a motion to go into an executive session to consider the matter of his resignation. No motion was made at this time, and Mayor Lough informed the members of the Council he wanted them to know his resignation would stand. Originally th.e "Mayor appointed five members to the Advisory Committec Nrs. Stephens Lowrie opposed and requested more members as she felt this was a flhand-pickedlf committee; Mr. Max 0. Ewald requested a Free- holders Committee, consisting of ten members; Mr. Allen Kelly stated the Council was side-stepping the matter of the report. A compromise was made; Mr. Baird suggested each member &elect a member, and Cmn. Helton and Cgm. Ledgerwood exercised their right and appointed two additional members. Myor Lough further stated the Lough-Sonneman report was never printed in full; a Public hearing was held and by actual count there were