Loading...
HomeMy WebLinkAbout1958-08-19; City Council; Minutes;;I* ..r '9 'F, ..iL 'a, .+s the right direction. Cmn. Helton suggested to members of the Council that each read the Pat- terson Report and become fully informed on a matter he felt was extreme- ly important to the Community. Cmn. Ledgerwood moved that the Harbor Commission be retained, and that the Mayor make appointments to fill vacancies, subject to Council approval Seconded by Cmn. Helton. Three ayes, one nay, (Lough), one abstaining (Grober - stating he did not feel well enough informed). Motion carried. By pr'oper motion the meeting was adjourned at 11:20 P.M. . Respectfully submitted, c %P NATALIE VEKMILY - A , """""""""""-"""""""" MINUTES OF REGULAR MEETING OF CARLS3AD CITY CGUNCIL August 19, 1958 - The meeting was called to order at 7:02 P.M. by Mayor Lough. Present be- sides the Mayor were Councilmen Ledgerwood, Heltin, Grober and Council- woman Sonneman; City Manager Nelson and City Attorney Smith. #- Invocation was offered by Councilman Ledgerwood. I- Minutes of adjourned meeting of July 29, 1958. The Council was informed the minutes had not been transcribed as yet. Minutes of regular meeting of August 5, 1958. The Council requested the minutes to be corrected on Page 9, paragraph I, to show the figure of $100.00 instead of $10.00. It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that the minutes .of August 5, 1958 be approved as correctec All ayes, motion carried. Minutes of adjourned meeting of August 11, 1958. The Council requested the following corrections mad.e: Page #2, Paragraph 5 - '*now protectedff instead of "no protected" and "within the City" instead of "with the City". It was moved by Cmn. Helton and seconded by Cmn. Grober that the minutes of August 11, 1958, be approved as corrected. All ayes, motion carried. ,- CORRESPONDENCE: a. Letter from L. E. Sainty addressed to the City stating he had received a demand from the City to have the streets oiled; this method had been used a few years ago and was not satisfactory. He felt the property owners who wanted their streets improved should pay all expenses for such improvr ment. Mr. Sainty further stated there were some Cyprus branches hanging over the street that should be taken care of. By- common consent the Coun- cil requested the City Manager acknowledge Mr. Sainty's letter and ex- plain to him the road rehabilitation program is a voluntary program and nc a demand on the citizens to participate against their wishes; also the City Mangger be instr,ucted 80 have Mr. Westree investigate the trees in question. b. Letter from Robert D. Garland, Chairman of the Traffic Safety Committec enclosing a letter from Wm. H. Daniel, M.D. regarding the traffic on Ocean Street, and stating the Mayor's Traffic Safety Committee was ap- pointed by Mayor Castorena and died from lack of official sanction when Mayor Baird failed to take action to keep. the committee going. The matter of continuing the Traffic Safety Committee was discussed, and it was the decision of the Council, the Chairman be informed the Council appreciated the services of the committee and would like the members to continue to serve on the committee, and that Dr. Daniel's letter be referred to the committee for their recommendations. C. Letter from E. G. Kentner was read regarding additional stop signs at Q W I 3 -4 a z 5 I Chestnut. .and Highland Drive. During the discussion it .was pointed out that consideration should also be given to Basswood and Highland Drive. The Mayor requested Mr. Kentnerls letter be referred. to the Traffic Safety Committee and that the Committee also take into consideration Basswood and Highland Drive in making their recommendations. d. Letter from .W. €3. Walshe, Chief, Department of Public Health, addressed to Floyd D, Young, 5185 Shore Drive, in Zerramar, was read in reference to the new subdivision, Terramar Unit Ho, 6. Mr. Walshe stated that in the opinion of the Health Department that any further development in the Ter- ramar area should be on the basis of a public collection system, and if the Cdty were unable to secure public sewer systems that the lots in this area should be not less than 15,000 sq. ft., and the possibility of in- stalling tile lines as 'a method of disposing of the effluent should be considered. A copy of a letter addressed to Mr. W. D. Walshe signed by ten of the property owners living in the Terramar area was read, stating the poss- ibility of immediate sewage service in the Terramar area was extremely re- mote, and in the meanwhile their property would be subject to the increase1 sewage eff1uenC::-from any additional cesspools installed in the Terramar area, and requested that the Carlsbad-Planning Commission and the Cdty Council be advised by the Health Department concerning the statement that no lots in the area be approved for building unless each has an area of at least 15,000 square feet.. The Mayor informed the Council thqt all the property owners in the area are aware of the odors and cond-ition of the beach, and suggested that the Health Department clarify their statement regarding the requirement of 15,000 square feet for lots in the Terramar area. The question was raised as .to- whether the City would be liable for expenses incurred by the Sub- divider subsequent to the approval of the Final Map, in case the Council reversed their decision as to additional development in the Terramar area. The City Attorney informed the Council they could be liable for expenses incurred by the Subdivider subsequent to the approval of the Final Map, but pointed out that the Health Department is only an agent of the Council and the Council is. the final governing agency that c%n or cannot approve 01 dgsapprove a subdivision within the City. .By common consent of the Council, the City Manager was instructed to request the Health Department to make a complete inspection of this area -immediately. e. Memorandum from the Parks and' Recreation Commission in which they sub- mitted two names to fill the vacancies in the Parks and Recreation Com- mission. f, Letter from Carlsbad Chamber of Commerce submitting two names to fill the vacancies in the Harbor Commission. g. Letter from Boat and Ski Club, in which they submitted two names to fill the vacancies in the Harbor Commission. h. Letter of resignation 'from Leonard E. Snyder, tendering his resignation as a member of the Carlsbad Harbor Commission due to pressing business reasons. i. Letter of resignation dated August 19, 1958 from Fred W. Maerkle tender. ing his resignation as a-member of the Carlsbad Harbor Commission due to personal reasons, and requesting that his resignation become effective immedi at el y . It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that the resig nations of Leonard E. Snyder and Fred W. Maerkle from the Carlsbad Harbor Commission be accepted. All ayes, motion carried.. I 5- ORAL COMMUNICATIONS: Mrs. Beverly Keenan was present and stated that it was her understanding that a sewerC district was being -considered by the Council in the a.rea of Adams and Tamarack, and they desired their property to be deleted from this district. The City Engineer informed the Council he had discussed this matter with Mrs. Keenan and informed .her she should submit her request in writing at the time of the hearing of 'this proposed assessment.district. apointment of Harbor Commissioners. The Mayor informed the Council severa: names had been submitted to fill the vacancies on the Harbor Commission, $33 and he would like to submit the following naaes for the Council's ap- proval to fill the vacancies on the "Comdssion: RICHARD S. OSBURN, 3481 Garfield, Carlsbad JOHN C. WEEKS, Shore Drive, Terramar W. G. ALLEN, 2688 Jeffersin, Carlsbad H. G. BEiTZMER, 3870 Highland Drive, Carlsbad PAT ZAHLER, 4145 Sunnyhill Drive, Carlsbad It was suggested that the term of office be determined by lot number. It was moved by Cwn. Sonneman and seconded by Cmn. Ledgerwood that the names submitted by Mayor Lough to fill the %qcancies on the Harbor Com- mission be approved, and that the 'terms be determined by lot number. All ayes, motion carried. The:-%erms were determined by lot number as follows: RICHARD S. OSBURN, to serve the unexpired term of Leonard E. Snyder terminating January, 1961: He GO BETZMER, to serve the unexpired term of Fred. W. Maerkle, terminating January, 1959: JOHN C. WEEKS, to serve the unexpired term of C. C. Walters, ter- minating January, 1960: W. G. ALLEX, to serve the unexpired term of Col. David M. Dunne, erminating January, 196 2; and PAT ZAHLER, Bo serve the unexpired term of Ben Sch.elski, terminating January, 1961. . CITY MANAGER'S REiPORT: a. The City Manager informed the Council he had attended a meeting of the Ban Diego County Divisian of League of California Cities. Mayor Dail of the City of San Diego was elected President of the San Diego County Div- ision, and Les Ealrnest Secretary. Mayor Sklar of Oceanside was elecbed for a two year te!rm as State Direct%r of the League, The next meeting of the League will be held in Imperial Beach, b. The City Manager informed the Council he had also attended a meeting of the San Diego County Civil Defense, which included the State Staff of Civil Defense. Thle State had recommended that the County be divided into two operations, hiowever, the C0unt.y Grand Jury had recommended against this plan. The next step would be the presentation of a proposed plan, and at such time as this plan is received he would present it to the Council 6or their review. C. A design of a proposed seal for the City of Carlsbad, designed by Milan Pakaski, one of the City Employees, was presented by the Manager, Mr. Nelson suggested perhaps the Council would like to hold a contest before making any decision, and maybe one of the service clubs in Carlsbad would present a prize to the winner. Cmn. Ledgerwood moved that the City Council authorize! the City Manager to announce a contest for the design of a seal, that .hie contact the s ervice clubs regarding a prize for the winner, and the Council would be the final judge. Seconded by Cwn. Sonne- man. All ayes, motion carried. d, The Manager informed the Council most cities have a personnel ordinance which sets up a plersonnel board, and he had available a model form put out by the Public Personnel Association; he would be glad to work with the City Attorney and. present .a draft of an ordinance for the Council's approval. The Mayor stated he felt this would only move the Council far- ther away from thle employees. Cmn. Helton felt perhaps this should be ex- plored more thoroughly and this board would help and not hinder the Coun- cil. After consid.erable discussion, it was moved by Cwn. Sonneman and seconded by Cmn, Grober that any action regarding a personnel ordinance be tabled at the present time. Four ayes, Cmn. Helton voting "no ". Park and Recreation Commission appointments: Mayor Lough announced the following names had been submitted to fill the vacancies in the Parks and Recreation Commission: Margaret Coats, Fred W. Maerkle, Allen McDougal, Allen Bond and Mrs. Noyes, The Mayor stated he would like to place in nomination the names of Fred. W. Maerkle to serve the unexpired term,of Morton Nielsen, terminating August, 1958; andl Margaret CoaW3 to succeed Mrs. Pruitt, which term would terminate August, 1962. It was moved by Cmn. Ledgerwood and seconded by Cwn, -. I 3 -4 -3 rt 4 3 I I & 0- Sonneman. that the names submitted by Mayor Lough to fill the vacancies on the Parks and Recreation Commission be approved as submitted according to the terms as outline. All ayes, motion carried. a. Belladonna Heights - Unit #l: Final Ma0 of Subdivision. Discussion was costs before the approval of the Final Map. It was pointed out that the improvements were constructed on Basswood by another subdivider and Mr. Metcalf was not entitled to the use of those improvements until skch time as line costs had been paid by Mr. Metcalf. It was moved by Cmn, Ledgerwood and seconded by Crnn, Grober that the Final Mpp of Belladonna Heights be approved, subject to the payment of the nec- essary monies for the sewers and water, and any other imcompleted imrove- ments, and at such time as such fees or bond are submitted to the satis- faction of the City Engineer, the City Clerk be authorized to sign the Final Map. All ayes, motion carried, &+en as to whether the Subdivider should pay for sewer and water line b. Heisler Estates - Unit #1 - Final Map of Subdivision. The Final Map of Heisler Estates, Unit #1 was presented to the Council for their approv; The City Engineer pointed out that all signatures had been secured for the Final Map except the City Clerk's. It was moved by Cwn. Sonneman thatt the City Clerk be authorized to sign the Final Map at such time as the following had been completed: (1) That the work is completed to the satisfaction of the City Engineer; (2) That a cash deposit for the full cost of construction is placed with the City of Carlsbad; or that an agree- ment secured by a bond for the construction of the .improvements is placed with the City. - Seconded by Cmn, Ledgerwood. All ayes, motion carried. 8- PUBLIC SERVICE: a. Sewer Lateral Connection Study. At the meeting of August 11, 1958, May& .Lough appointed Cmn. Grober and Helton to meet with the City Man- ager and City Engineer and prepare recommendations to be considered at this-meeting, as to whether the City should assume the work of install- ing sewer laterals upon the expiration of Leo Williams' contract on Aug- ust 2i, 1958. The Committee informed the Council they felt it was for the benefit of the City to have this work done by the City, and they would suggest that the equiplpent be purchased on a lease-purchase basis. The City Manager suggested that a revolving fund be set up in the Public Work: for this year to take care of -this expense, to include the employment of two laborers, the purchase of equipment. Seconded by Cmn. Grober. All ayes, motion carried. Cmn. Helton stated that Mr. Williams would like to know as to when his contract would expire, and if he would be called upon to take care of the sewer lateral connections during. this transition. By common consent, the Council agreed &hat the City Manager be instructed to work out some agreement with Mr. Williams until such time as the City is in a position to atke over' this work, and that Mr. Williams continue at t he same rate. b. Cedar Street - Curb 6 Gutter. The City Engineer presented a plan for the curb and gutter on Cedar Street. The City Engineer informed the Counc: they had attempted to design a curb and gutter that would be practical and yet be able to save the Eucalyptus tree, which request for removal by Claud Fennel had been denied, but felt it might not be possible to save the t ree due to the fact that the roots are so close to the surface. It was pointed out that Mr. Fennel had requested the remoavl of this tree at his own expense. After considerable discussion, it was moved by Cmn. Ledgerwood and seconded by 'Cmn. Helton, that i% in the opinion of &he City Engineer the treei-could not be saved in the construct'ion of the curb and gutter, that .the tree be removed at the expense of Mr. Fennel. All ayes, motion carried. C. Juniper Ave. Sewer - 1911 Act., Res. #434, Ordering Work. Resolution No. 434 was presented to the Council for their approval, order, ing the work for certain sanitary sewers on Juniper Avenue from the west- erly right-of-way of thtl Atchison, Topeka and Santa Fe Railwaz.: to 612 fe5t west on Juniper Avenue, Assessment District' No, 2-1958. It was mobed by Cwn. Sonneman- and seconded by Cmn. Ledgerwood that Resolution No. $34 be adopted. Five ayes, Resolution No. 434 adopred. eE &pass. The City Engineer 'resented a draw- monfloe Street, to correcg a defect dis- covered in the sewer line which had been installed under the direct&on pf Mr. Byrl Phelps, Engineer. The Council asked. the cost of correctigg this defect, The Engineer informed the Council it would be approximately $900.00. It was suggested that perhaps this cost could be met from the Sewer Revolving Fund. The City Engineer pointed out they had discovered this one defect and hoped this would correct the trouble, however, there might be others in the future. After considerable discussion, it wqs moved by Cmn, Helton that the City Engineer be instructed to proceed with the by-pass sewer construction on Monroe and Basswood, and if legal- ly possible, the cost be taken from the Sewer Revolving Fund. Seconded by Cmn, Ledgerwood. All ayes, motion carried. e, Br>pIication of DavinP of allev-wavs to the street rehabilitatioq ProPramL The City Manager asked the Council if it was their wish that the Paving Of alley-WayS should be included in the street rehabilita- tion PrOgram. BY common sonsent fo the Council it was aseed that alley-ways be included within the street rehabilitation program. f . Sewers - petition under 1911 Act for sewers on Chestnut east of Monroe. The City Engineer presented a petition under the 1911 Act for the installation of sewers on Chestnut east of Valley to a point east of Westhaven. He pointed out that 6@ of the property owners had not as yet signed this petition. By common consent of the Council the Engineer was instructed to secure a report from the Heirlth Department on the. necessity of sewers in this area. g. Water meter entitlements. The City Attorney pointed out that there arc several persorts living in the Oeeanside area still being served by the Carlsbad Mutual Water Company. At the present time a party living on . Hunsaker in Oceanside wants to transfer his services to Oceanside and the question of ownership of the meters had been raised, The Council could do one of two things: (1) let the party have the meter entitle- ments, or (2) the City retain the meters. The City Attorney suggested a fixed policy be made by the Council regarding these meter entitle- ments, due to the fact that over the years the Water Company had operat- ed and maintained these meters. After considerable discussion Cmn, Ledgerwood moved that it is the intention of the Council that all meters installations within the Mutual service area -be conaidered the property of the City of Carlsbad, and that the City, in bhe event of disconnec- tion request, shall recover its property. Seconded by Cmn. Helton, All ayes, motion carried. h. Collection of Water Bills. Discussion was given to the collection of the water bills being made by the Security Bank, Cwn, Sonneman suggested the collections be made by the City only. The Mayor informed the Council he had discussed this matt& with the City Treasurer and he had informed him that he and the book-keeper could make these collections. The City Manager stated he felt for good public relations the citizens ishauld be able to pay all gas, electric, telephone, water and trash bills at one location and, due to the fact the local bank is making other utility collections, this should be made available to the public as well as the City Hall. After considerable discussion, it was agreed by the Council the collection for water bills should be continued by the bank as well as the City until further notice, - - MONTHLY REPORIS: The monthly reports from the Police and Fire Department were circulated among the Council members and ordered filed. &' OLD BUSINESS: a. Mortuaries and Ambulances. Resolution No. 435 was presented to the Council for thleir review, announcing Eindings and decision regarding amendment of Ordinance No, 9060, deleting Efortuaries from R-P sone,and permitting Morltuaries and Ambulance Sdvice in all zones except R-1, R-2 and R-3 upon issuance of a Conditional Use Permit. It was moved by Cmn, Helton and seconded by Cmn. Ledgerwood that Resolution No. 435 be adopted, Five ayes, Resolution No. 435 adopted. Ordinance No. 9060 was presented to the Council for their review, amending Ordinance No. 9060, deleting Mortuaries from the R-P Zone; permitting.Mortuaries and Ambulance Service in all zones escept R-1, R-2 and R-3 upon issuance of a Conditional Use Permit. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that this constitute the first reading of Ordinance No. 9060, Five ayes, motion carried, -. I 3 -9 D 9 $ J I I. .c e b, Kentner Sign. The Council asked the City Attorney if he had come to any conclusion regarding the Kentner sign. The City Attorney informed the Council.in his opinion it is a non-conforming use and is not a struc- ture; the sign is presently located on the border line of the R-A and R-3 Zone, and such use is not allowed in either zone; therefore, due to the fact that i6 is not a structure, such use can be summarily removed. Cwn, Sonneman suggested that Mr. Kentner be given one year in which to abate this use. The City Attorney. felt this would be very generous, It was moved by Cwn, Sonneman that Mr. Kentner be allowed one year in which to abate this sign. Seconded by Cmn. Helton, All ayes, motion carried, C. Street Tree Ordinance, Mayor Lough suggested the Council discuss this proposed ordinance at some future date, however, he had suggested to the City Attorney that Paragraph 14, Page 5, be changed in order that the Council could' eont inue to have control . d. Sale of Surplus Property, The Council was informed that at the pre- sent time there is no provision in the ordinances to provide for the sale of real and personal and surplus property of the City, The City Attorney was instructed to prepare an ordinance to take care of the sale of real, personal and surplus property, to be presented to the Council for their consideration at a future date. e. Dog Control Contract, The City Manager informed the Council a new con. tract for Dog Control had been received from the County of San Diego, which required the proper signatures, It was moved by Cmn, Blton and seconded by Cmn, Grober that the Mayor be authorized to' sign the new Dog Control contract. All ayes, motion carried, f. Federal Highway Funds - Legislation proposed by City of Bakersfield, The Mayor requested this matter held over for one month. g, Chamber of Commerce B&dget contract. The Council was informed the con- tract had not been prepared as yet. h. Resolution executing Warehouse Sheet for Patrol Boat. The Council was informed that a resolution is required for purchase of Civil Defense pro- perty with original Federal acquisition costs of $2,500.00 or more, and a form had been received for the acquisition of the Patrol Boat. Resolu- tion No. $36 was presented to the Council for their review. It was moved by Cmn. Helton and seconded by Cmn, Grober that Resolution No. 436 be adopted. Five ayes, Resolution No. 436 adopted. i. Water Company - Law Suit - San Luis Rey. The City Attorney informed the Council some five years ago a suit was filed by the property owners in the San Luis Rey area, prohibiting the Carlsbad Mutual Water Company from pumping water from the San Luis Basin, claiming the Mutual had no riparian rights; this suit has now come to light; he had attended the preliminary heaping on this matter; it was estimated that this case woulc take approximately four weeks to try; Mr. Eberhardt, who was the Attorne: for Mutual, because of a heart condition, would like to be relieved from the- trial work, and Mr. Conklin, Engineer for the Municipal, would like to withdraw. Mr. Smith informed the Council he did not feel he was qual- ified to handle this trdU as it would require an expert in this field. Mr. Eberhardt and Mr. Conklin have suggested that the City try to settle this matter by requesting 2,500 acre feet per year, and that the City would buy all water possible from the Colorado River water. Mr. Smith furt.her stated he felt it should be kept in mind that the San Luis Rey . is the City's primary source of water, After considerable discussion, the Mayor appointed Cmn. Ledgerwood and Grober as a committee to meet with the City Attorney to discuss this matter and report back to the COUK cil at .the next meeting, PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Cwn. Sonneman moved authorization of payment of bills from August 5, 1951 through August 19, 1958 in the amount of $17,961.86 as certified by the Director of Finance and approved by the Auditing Committee, Seconded by Cmn, Ledgerwood, All ayes, motion .carried. Cmn. Ledgerwood moved ratification of the payroll for the first half of August in the amount of $11,190.97, as certified by the Director of Fin- ance and approved by the Auditing Committee, Seconded by Cwn. Sonneman, All ayes, motion carried. The City Manager informed the Council he would like to take one week vacation, commencing September 1, 1958 and ending September 8, 1958, and would like to have the Council's approval of T. Bruce Smith, City Attorn, 3 as City Manager Pro Tern during this period, By common consent of the Council, T. Bruce Smith was approved as City Manager Pro Tern during this period. 1- ADJOURNMENT: By proper motion the meeting was adjourned to August 25, 1958 at 7:OO FOE The. meeting was adjourned at 10: 50 P.M. *. Respectfully submitted, .””””“”””””””“””””””, .. ..