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HomeMy WebLinkAbout1958-09-02; City Council; Minutes'W 9: , PAYMENT OF BILLS AND AGENDA: Cwn. Sonneman asked if the request for payment of bills could be in the hands prior to the time of the meetings in order for the budget committee to have time to review these items. It was agreed that all bills received thru Friday be listed and presented to the Committee by Monday afternoon. The City Manager asked the Council if they wished to have 'the Agenda sooner than they had been receiving them. By common consent it was agreed that the Agenda be sutimitted to the members of the Council on Friday preceding the meetings . fl . ADJOURNMENT : It was moved by Cmn, llelton and seconded by Cmn. Ledgerwood that the meeting be adjourned. The Mayor declared the meeting adjourned at 9:40 P.M. Respectfully submitted, L." ",, MiRe?qE%s $9 r @L Deputy ity Clerk """""""""""""""""""" MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL September 2, 1958 The meeting was called to order at 7:05 P.M. by Mayor Lough. Present besides the Mayor were Councilmen Ledgerwood, Helton, Grober, and Councilwoman Sonneman; City Manager Nelson and City Attorney Smith. Invocation was offered by Councilman Ledgerwood. &APPROVAL OF MINUTES: . Minutes of regular meeting of August 19, 1958, were approved as corrected. Minutes of adjourned meeting of August 25, 1958, were approved as submitted. ' EXECUTIVE S ES S ION : Cwn. Sonneman requested that an executive session be held to discuss the hiring and firing of City personnel. By common consent it was agreed that an executive session be called immediately. The Council members adjourned to the office of the-Chief of Police in the City Hall, 2960 Pi0 Pic0 Blvd., at 7:25 P.M. . The regular meeting of the Council reconvened at 8:45 P.M. in the Council Chambers of the City Hall. The Mayor announced that for the benefit of the press and persons present, the Executive Session was held to consider the hiring and firing of employees, and they had hired no one, and had fired no one; the Council had arrived at an understanding with the City Manager in regards to personnel policy. Mayor Lough stated the Council had been apprehensive of the disrespect and in- subordination towards the present City Council shown by some employees of the City, and if the employees are not happy, they will be given their release. CORRESPONDENCE: . a. Letter dated hgust 21, 1958 addressed to the Council from John P. Hard'isty, 324 Pine Avenue, stating he wished to call to the Council's attention the fact that properties in the southeast corner of Pine and Lincoln Streets, which is located directly across the street from his property, are encroaching upon the City Street.. The encroachment is in the form of a garage building and a fence, said structures being in a bad state of repair, unsightly, and damaging to his own property, The City Manager informed the Council the offending property owner had been contacted and he had agreed to demolish the garage and clean up the I I unsightly fence and surrounding area, however, he is contemplating asking for street vacation even though the garage is,removed. The City Manager was instructed to inform Mr. Hardisty in this matter. b. Letter dated August 27, 1958, from the Carlsbad Union School District Board of Trustees, expressing their gppreciation for the splendid cooper- ~ ation they had received from the City Engineering and.Public Works Department! and any others involved, in the preparations that have been and are being mad4 preceding the openlng of.schoo1. They further stated they wished to commend the Council and others involved in the requirements placed on new subdivision: for sidewalks, due to the transportation facilities being severely taxed by tl necessity of transporting all kindergarten children to school because of the lack of sidewalks throughout a large part of Carlsbad, and hoped the City wou: continue encouraging the building of sidewalks throughout the Carlsbad area. 6. ORAL COMMUNICATIONS: There were no oral communications. < 7 . PLANNING : a. Review of activities of Industrial Coordinating Council. The Mayor requestc this matter be deferred until some future date. b. Civic Center Master Plan - deletion of Zahler Property. Letter dated Augusl 27, 1958, addressed to the City Council from Mrs. Alice E. Greenwood requestil that'the City release her property from the Civic Center Master Plan as she hi received several gratifying offers far the sale of her property on Elm Avenue, Letter dated September 2, 1958, addressed to the Mayor and the Council from Mrs. Alice E. Greenwood stating she wished to rescind her request that her property be removed from the Civic Center Master plan. ,Letter dated September 1, 1958, addressed to the City Council from Aleatha W. Vaughn, stating on July 1, 1958, she had written the City Council requestil that her property on Pi0 Pic0 Drive either be purchased by the City or be removed from the Master Park Plan; on July 7, 1958, she had received'a letter from the City stating the Council had reaffirmed their previous policy regard, the purchase of her property, however, nothing has been done about the remova: of her property from the Master Park Plan. Due to her property being includec in the Master Plan it has repeatedly blocked the sale of the South portion of her land, which she wishes to sell, and feels this is a very unjust situat and entirely unnecessary on the part of the City. Mrs. Vaughn further stated she would appreciate immediate action on this matter. Memorandum from the Planning Commission to the City Council dated September 2 1958, was read stating it was the opinion of the Commission that 'the Zahl.er property should not be excluded from the Master Civic plan, and setting forth their reasons upon which the decision was based. They further stated they wished Mr. Fennel to represent the Commission at the meeting of the Council when this matter would be discussed. MR. FENNEL, stated the Planning Commission was most appreciative of the Council's cooperation in referring the subject matter to the commission. Thorough discussion had been given this matter by the Commission, including full symp-athy with the Zahlers as well as the City's desire and need to develc the Civic Center according to the accepted Master Plan. It was the hope of tt Commission that every reasonable effort would be made to carry out the goals for Carlsbad's future development. '.'.: MRS:EDWARD ZAHLER informed the Council they could not sell their property due to the fact that it was included in the Master Plan. The Mayor asked for comments from the members of the Council. Cmn, Ledgerwooc stated he was on the committee at the time the property, WBS purchased for the parking lot adjoining the City Hall and at that time they never felt that any of 'the property in that area would be prohibitive, but felt the appraisal- of t au 0 Zahler property made it prohibitive for the City to purchase at this time and this property could be excluded from the Master Plan. Mayor Lough stated that according to the appraisal, the land itself would be approxi- . '.mateTy $12,000 per acre of land. Cmn. Helton stated he felt if the Zahler's property were excluded it would be setting a precedent, and the Council should look towards the future .development of Carlsbad. Cmn. Grober stated he did not feel you should take the privilege away from anyone who wished to se1.1 their property - if they wanted to sell they should be allowed to sell. If the new purchase]: wished to sell, perhaps they would sell back to the City. Cwn. Sonneman stated the Zahlers have requested their property excluded from the Master Plan and felt it should be excluded. Mayor Lough asked Commissioner Fennel if the Planning Commission were aware of the appraisal of this property, and Commissioner Fennel informed the Mayor the Planning Commission did not consider the financial aspects of this plan. The Mayor informed FIr. Fennel that perhaps the Council has failed in not having a liaison between the Council and the Planning Commission and work more closely with the Planning Commission; he would certainly not be in favor of paying $12,,000 per acre for unimproved land of the Zahler's prop- erty. Mayor Lough further informed Mr. Fennel the Council appreciated his appearing before the Council. MRS. ALEATHA VAUGHN stated she did not want to sell all of her property, only the South portion; her water bill was $31.00 this month; she was physically unable to keep up all of the property; she had four parties who wanted to build Cal-Vet homes and could not get a loan due to the fact that this property was included in the Master Park Plan. She felt she was being deprived of her rights. y Mil,* PAT ZAHLER stated he wgsked to point out to the Council the appraisal made on the property was made by an appraiser appointed by the Council. They had tried to obtain financing on their property for additional buildings and had run into the same situation as Mrs. Vaughn. MR. DYCKE stated he would rather see development of houses than a Master Plan. He had no interest h-this project, but the growth goes with the City. MR. JACK KEENAN stated he wished to compliment the present Council on respectih&requests made by individuals; he had attended the last meeting of the Planning Commission and heard one of the Commissioners state that one individual should not be allowed to come in and upset the Master Plan. MR. M. W. JARVIE stated that he felt a meeting of the Planning Commission and the Council should be held; he was also in accord with Mr. Dycke that we should not hinder anyone -from doing what they want with their- property. Mr. Jarvie also stated the records will show that all the Commissioners were not in agreement in this matter. MR. DYCKE informed the Council he felt the Plznning Commission was doing a good job - he had no objections to the Planning Commission, but felt the City should progress. Cwn. Sonneman stated she felt the Park area was very essential and every consideration should be given to the Vaughn property, as this could be one of the finest assets to the City, as well as profitable. Mayor Lough informed the Council they were faced with the decision of ex- cluding the Zahler Property from the Master Civic Center plan. Cmn. Helton asked if a notice wo.uld have to be published in order to amend the Master Plan. The City Attorney informed the Council a notice would have to be published and a hearing held by the Planning Comlission and a hearing would have to be held by t:he Council. Cmn. Ledgerwood moved that the City Attorney be instructed to pre;pare a Resolution of Intention to exclude the Zahler property from the Master Civic Plan. Seconded by Cmn. Sonneman. Four ayes, Cmn. Helton voting "no", motion carried. Cmn. Helton stated that he hoped that some day the City would be able to purchase the Zahler property for the Civic Center plan. MRS. VAUGHN stated that the South part of her property would make a beautiful spot for a library. 1 I C. Pi0 Pic0 Redevelopment - Report of action by property owners. Memorandum' frc the.Planning Commission was presented, enclosing a -letter from the Committee on the Pi0 Pic0 Redevelopment Plan, supported by 44 property owners in the arl requesting that no further action be taken on the pzoceedings for the Pi0 Pic1 Redevelopment Plan. The Council requested the Memorandum be acknowledged and ordered the letters filed. d. Census Tractin&. The Mayor requested this matter be dederred until a futu date. 8. PUBLIC SERVICE: a. HEARING - Resolution of Intention No. 422. Assessment Dist. #4-1958. The Mayor announced the hour of 7:30 P.M. had arrived, although he realized it was-much later, which was the time and place fixed by this.-City Council fl hearing objections or protests on the proposed work, or the extent of the assessment district, or on the proposed grades under the resolution of intention, Resolution No. 422, providing for the construction of certain sanitary sewers on Magnolia Avenue 388.55' west of Adams Street to Highland Drive and in Adams Street, Magnolia Avenue to Tamarack Ave., and in Adams Street, Magnolia Avenue to 700' north, and in Grand Avenue, Carlsbad Bouleva to Washington Street. The Clerk presented the affidavits of publication,' mailing and posting. It was moved by Cmn. Helton and seconded by Cmn. Ledge wood that the Affidavits of Publication, mailing and posting be approved and filed. All ayes, motion carried. The Mayor requested the Clerk to read all written protests. The following ,written protests were read: Letter dated August 23, 1958, from Joseph and Nellie Bertino protesting the -. proposed sewer until such time as the hazardous conditions referred to in hi, letter of July 14, 1958, have been remedied and due to the fact that it does not appear practicable to connect because of their location, and the pro- hibitive major changes in plumbing which would be required. I I I Letter dated September 2, 1958, from John R. Keenan requesting to be exclude1 from this sewer project as he did not feel it necessary to include him in th assessment since his house faces Tamarack and should be included in a projec along this street; his house is considerably lower than Adams; his property is close to 400 feet on Adams and takes up approximately one-fourth of the length of the street, and felt it would be discriminatory to expect one home to pay such a large proportion of the assessment. He further stated he woull be very happy to cooperate with,the City on any plans that they may have for proposed line along Tamarack. A petition protesting Assessment District No. 4-1958 signed by 14 protestant was read, stating they believed the highest and best use of their properties is for rural homesites with large lots which are and can be adequately servec by septic tanks and lines and other means on each individual property; the SI in this area is ideal for the use of septic tanks and lines and readily abso. all moisture without any danger to the health, safety and welfare of the subject property and is one means of conserving water. The Mayor asked if any of the Protestants or their representatives desired to be heard in support of any such protests? JOHN H. KIEFER, 1274 Magnolia Avenue, stated he bought his home because it was in a rural district; he acquired this property approximately three years ago primarily for the purpose of spending his.retirement in: he realized that I I eventually this area would be improved; and to his knowledge his sewer had caused no trouble to the neighbors. BARBARA L. HAYES stated she had drawn a diagram representing the area of the property owners on Magnolia who had protested on the petition; if the Counci: .is considering this project she would like the Council to-consider deleting this portion of the area proposed to be assessed. She pointed out there werc only three property owners on Magnolia who had requested sewers, and they we: located on the corner of Adams and Magnolia. 3.U b JOHN R, KEEN.M,~O~O Tamarack stated he is getting bitter; plans like this make his hair stand.on end; he had voted against incorporation, however, that . issue had been forgotten. He had moved away from a large city mainly be- cause of such assessments being imposed and had moved to Carlsbad in order to 1 ive in a rural area. H.4RRY MILLER, 366 Grand Avenue, stated the property Owners on the north side of Grand Avenue have adequate sewers from a private line running down to Washington Street. A map of the proposed assessed district was presented to the Council for their review. MRS, JONES, 1149 Magnolia, stated they have a seepage in their .basement. The seepage is corning from 40' to .loo' above their property. She had received a notice from the Health Department regarding this matter; and an investigation had been made which showed the drainage is coming from the hill; and up to date they had spent over $200.00 to try to correct this matter. DON DACKINS, 3730 Adams, stated he had moved into a new home a little over 2 year ago and had had trouble with his septic tank for the past few months; his neighbor had moved in his home only 8 months ago and they have already had trouble; the soil where he lives is not good; the Health Department had informed him he cou1.d not install another septic tank. He had had a test made of the water draining into his yard and it showed bacteria; this- seep- 'age has affected the footings of his house, His septic tank was 12 feet deep. MRS. JONES stated that Mr. Williams dug 20 feet deep and still hit hard pan. Mayor Lough stated he believed the top soil was deeper on Highland; he pointed out that if part of the are2 is elimin,tedthe front footage cost would be in- creased; at the present time the Engineer had estimated the cost to run $3.60 per front foot:. The Mayor asked the Engineer of Work to please ad- vise the City Council what per cent of the toEal area to be assessed for the improvement is represented by written protests or objections filed with the City Clerk. The Engineer of Work reported that written protests and objections had been filed with the City Clerk by owners of 33.76% of the total area to be assessed for the improvement. Discussion was--given by the Council as to the exclusion of the properties protesting from the proposed assessment district. Cmn. Grober stated the correct method of determining this exclusion would be to have a core hole test made to see how thick the top soil was. Cmn. Ledgerwood stated that this is the cheapest estimate they had received on any of the assessment districts, and yet they had received the most protests; he felt the property owners should reconsider their-protests as it would be much more expensive to have an extension at a later date. BARBARA L. HAYES informed the Council she had had her secretary call the Engineering Department as late as last Friday as to the number of lineal feet of sewers to be constructed; and that the secretary informed her she was laughed at and did not receive the information asked for. The Mayor informed M:rs. Hayes he wished to apologize on behalf of the Engineering Department's alleged discourtesies. The City Engineer requested permission to ask Mrs. Hayes who the party was in the Engineering Dlepartment that had talked with her secretary. Mrs. Hayes stated she did not know. The City Engineer asked Mrs. Hayes if she would please check this matter for him. The City Manager suggested the matter be continued in order for the Engineer- ing Department to modify the assessment district, and present the matter to the Council at the next meeting. The Mayor stated he felt the Council should go along with the suggestion of the Manager and continue Ehis matter. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that the hearing be continued until the next regular meeting of September 16, 1958, and the I matter be referred back to the Engineering Department in order for them to review and-modify the assessment district, giving due regard to the protestil parties appearing orally and the written protests received. All ayes, motiol carried. Cmn. Helton stated that perhaps some of the property owners would like to withdraw their protests as an extension of the sewer at a later date would be more costly. b. Request for weed abatement program - Robert Bartol. The-City Manager Info: the Council he had received an oral request from Mr. Robert Bartol, 5310 Carlsbad Boulevard, regarding the lot adjoining his property which was causil a fire hazard due to the weeds. The City Manager was instructed to have the property inspected to see if this was a fire hazard. II c. Discussion of ordinance provisions for Public Works Commission. Discussiol was given by the Council as to provisions for an ordinance setting up a Public Works Department. The City Attorney was instructed to prepare a drafl of an ordinance setting up the Public Works Commission to include the following items: 1. Term of-office - 2 members for 1 year, 2 members for 2 years, 2 members for 3 years* and 1 member for 4 years. 2. Duties - to advise the Council on matters pertaining to streets and.alley water, sewers, storm drainage and street encroachments, and matters generally under public works. 3. Ex-officio members - City Engineer and Public Works Director be appointed as ex-officio members. 4. Coordination with Parks and Recreation Commission, Harbor Commission and Planning Commission. d. Discussion of sewage treatment plant in East Carlsbad Annexation 2.1. The City Attorney stated it was his understanding that Mr. Butler was to - contact Brown and-Caldwell and report back to the Council on the feasibility of the proposed plant on a temporary basis. Up to date no report had been received. He pointed out that five law suits had been filed and he would 11 to consolidate all suits. The Mayor asked the City Attorney if the City of Oceanside would convey an undivided 112 interest in the 12 acres to the City of Carlsbad, and let the chips fall where they may, would this interfere' wit' these law suits. The City Attorney stated it would not. After considerable discussion, it was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that Resolution No. 439 be adopted permitting temporary sewer plant to be con- structed in the Buena Vista Water Shed upon the condition that Oceangide con vey an undivided 112 interest to the City of Carlsbad of the proposed sewer site. Five ayes, Resolution No. 439 adopted. e. Discussion of Federal aid to Highways - Escondido Resolution. A copy of resolution adopted by the City of Escondido was presented regarding realloca of Federal funds for Highways to citibs. A general discussion was had by th Council. The City Manager read the recommendation of the League of Californ Cities urging more study be given the matter. No action was taken by the Counc i 1 . 9. CIVIL DEFENSE: .. a. Request for study of possible new County Organization. the Council by corm consent requested this matter deferred until a later date. b. Authority to acquire standby generator from surplus property - Resolution No. 438 was presented to the Council for their review, authorizing the acquisition of a standby generator from surplus property. It was pointed ou this generator was needed for the sewage disposal plant. It was moved by Ledgerwood and seconded by Cmn. Helton that Resolution No. 438 be adopted. Five ayes, Resolution No. 438 adopted. ~ 31 [J .O. OLD BUSINESS: a. Second reading of Ordinance #9090 - Mortuaries and Ambulances. A second reading was given ordinance No. 9090 to the Council, amending Ordinance No. 9060, deleting Mortuaries from the R-P Zone; permitting Mortuaries and Ambulance Service 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: Ordinance No. 9090 be adopted. Five ayes, Ordinance No. 9090 adopted. b. Study of Street Tree Ordinance. The Council by common consent requested this matter deferred until a future date. . C. Request for lease! of-Mutual Water Company Building by Chamber. M. W. JARVIE, one of the Directors of the Carlsbad Chamber of Commerce, inform- ed the Council the Chamber was considering the possibility of moving their location, and requested the Council to give cpnsideration to the Chamber leasing a portion of the Mutual Water Company building. He stated the Chamber would meet in the morning and he would like to have an answer from the Council as to whether or not they would be agreeable to leasing to the Chamber. Discussion was given as to the amount of rental, Some . of the members felt that $50.00 per month was not sufficient, It was moved by Cmn. Helton and seconded by Cmn. Grober that the Council go on record as being in favor of such location for the Chamber, subject to an agreement being worked out between the City and the Chamber. All ayes, motion cafried. d. Lease of City prolperty for Used Car Lot. The City Manager informed . the Council that Mr. Piper has voluntarily withdrawn his request for a Used Car location on. the property at the corner of Madison and Elm Avenue. Mr. John Keenan had contacted him and was willing to lease this property . on the same terms as agreed upon with Mr. Piper. The Council agreed they had no objection to substituting the Lessee. e. Sa; Luis Rey Water Suit Report. The City Attorney informed the Council he had met with the Committee regarding this matter. Cmn. Grober stated that after leaving Mr. Smith's office he thought of several items. Cmn. Grober asked the City Attorney about the possibility of an adjudication suit. The City Attorney informed Mr. Grober this type of suit had been considered by the Mutual, but they had found this to be very costly, Cmn. Grober stated that in going over his notes he felt he would like to have more time to consider this matter. The City Attorney informed the Council he was limited as to time due to the fact he should file an answer for the City of Carlsbad; if he had to file suit he would like authorization to obtain professional consultation in this matter, or if the Council would like to negotiate for settlement, that he be given authorization to negotiate for.settlement to, present to the Council, with the approval of Mr. Ledgerwood and Mr. Grober. By common consent of the Council, the City Attorney was authorized to hire consultation on this matter, subject to Mr. Grober's findings. By cornmon consent of the Council the City Attorney was authorized to nego- iate for settlement, with the consent of Mr. Ledgerwood and Mr. Grober. f. Sewer Extension line - Barreiro. Letter dated August 30, 1958, from J. R. Barreiro, Jr., and Esther E. Barreiro requesting a sewer main ex- tension from the intersection of Birch Avenue and Sunnyhill Drive up Birch Avenue to a suitable connection point to their new home under con- . struction at 4105 Sk:yline Road; they were willing to pay for this line and at such time as ,there were sewers on Skyline Road &hey would be re- imbursed any additional amount paid to the City above their assessed cost of improvement. It was moved by Cmn. Ledgerwood and seconded by . Cwn. Sonneman that the City Manager be instructed to proceed with the request of Mr. and Mlrs. Barreiro. Four ayes, Cmn. Helton abstaining. Motion carried. L 11. PAQ4ENT OF BILLS - RATIFICATION OF PAYROLL. Cmn. Ledgerwood moved authorization of payment of bills from August 19, through September 1958 in the amount of $10,932.31, 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 last half of August, 1958 in the amount of $11,533.41, as certified by the Director of Finance an approved by the Auditing Committee. Seconded by Cmn. Ledgerwood. All ayes, motion carried. 12. ADJOURNMENT: It was moved by Cmn. Ledgerwood and seconded by Cwn. Sonneman that the.meeti be adjourned, All ayes, motion carried. The Mayor declared the meeting adjourned at 11:30 P.M. Respectfully submitted, h?-7"ArR&, MaGAmT E. ADAMS Deputy C i ty Clerk "_"""""""""""""""""". MINUTES OF SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL September 5, 1958 The meeting was called to order at 4:05 P.M. by Mayor Lough, Present besides ' Mayor were Councilmen Ledgerwood, Helton, Grober and Councilwoman Sonneman. A: present was City Attorney Smith. Notice of Special me,eting was read, which had been acknowledged by all Council members. The Mayor announced this special.meeting had been called for two reasons: the acquisition of theGreenwood property,as Mrs. Greenwood was leaving on a trip i had requested this matter settled before she left, and he had received a lette: from Mrs. Katherine Dunne, President of the Carlsbad Woman's Club regarding thc contract between the Woman's Club and the City of Carlsbad in relation to the Community Center Building. Mayor Lough informed the Council he would like to : two letters that had been sent to Mrs. Dunne from the City Manager, and a lettc from Mrs. Dunne addressed to the Mayor. .. August 5, 1958 Mrs. David M. Dunne, President Carlsbad Woman's Club Carlsbad, California - Dear Mrs. Dunne: At the City Council meeting held on July 29, 1958, the offer of the Carlsbac Woma-n's Club to contribute money and property towards the construction of a community center building was discussed. The City Council was very pleased to receive this offer, and wishes to'assure the Woman's Club of their willingness to participate in such a construction program in order that a proper community center may" be made available to all of our citizens. As an indication of their willingness, and to give some assurance of their intention to follow through with this project, the City Council has appropr: five thousand dollars ($5,000.00) in the Capital Improvement Budget for the 1958-59 fiscal year to acquire or obtain an option on the necessary propert] The City Council wishes to thank the Woman's Club for their interest and get offer on behalf of all of the citizens of Carlsbad. Very truly yours, Herbert E. Nelson C i ty Manager HEN : a1