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HomeMy WebLinkAbout1958-10-17; City Council; Minutesf I' 1 MINUTES OF ADJOURNED MEETING OF C.4RLSBAD CITY COUNCIL October 17, 1958 1. The meeting was called to order at 7: 10 P.M. by Mayor Pro Tem Ledgerwood. Present besides the Mayor Pro Tern were Councilmen Grober and Councilwoman Sonneman; City Manager Pro Tem Kubota and City Attorney Smith. Absent May01 Lough and Councilman Helton. I 2. Invocation was offered by Cmn. Grober, 3, CORRESPONDENCE: The following correspondence was submitted to the Council: a. Sewer Lateral connections. Letter dated October 15, 1958, addressed to ti City Council from Leo Williams, giving formal notice to discontinue sewe lateral connections at the present cost of construction. He further sta' he would be willing to have a new contract prepared if the Council SO de By cmon consent it was agreed that this matter be deferred until later the meeting. b. Weed Abatement Program. Letter addressed to the Council from Mrs, Virgin: T, Bowen, protesting the condition of weeds on the lot adjoining her pro] at 3919 Alder Avenue; the City Manager Pro Tem informed the Council.the I Abatement Program had been in operation for two years; the first year on: a portion of the lots were posted; however, this year a more thorough survey had been made, and they were in hopes of having a second investi- gation made this year to take care of any of the lots that had not been taken care of; it was his understanding the Council did not wish to cont under the present policy of weed abatement. Cwn. Sonneman asked if therc had been any sukgestions for a remedy of this policy. The City Manager I Tem stated that to his knowledge there had not been. Mayor Pro Tern Ledgl wood instructed the City Manager Pro Tem to investigate the property referred to by Mrs. Bowen and report back to the Council. I C. Sewage disposal plant - Buena Vista watershed. Copy of a letter address to the City of Oceanside and the City of Carlsbad - to the attention of the Sewer Committee, dated September 23, 1958, from Glen R. Feist, was rl in which four points were offered as a possible solution to resolve the Buena Vista Sewer problem and avoid additional expense and litigation in .connection with the disputed 12.1 acre annexation. Mayor Pro Tem Ledger informed the members of the audience and the Council that he and Cwn. Sonneman, and the City Attorney had attended a meeting today at Oceansid with their sewer committee; he pointed out that today was the first time they had knowledge of this proposal made by the subdivider and agreed up . ~ by Mr, Berry Hayes; however, these conditions were disapproved by the Ci ' of Oceanside today; Oceanside is going to submit to Carlsbad a statemen of conditions for a contract under which they would approve the sewer pl and suggested that Carlsbad await this statement of conditions from Ocear side. Mayor Pro Tem Ledgerwood also informed the Council the sewer committee for Carlsbad favored the joint sewage -disposal plant in the But Vista watershed and that a contract should be worked out between the two cities. I d. Chamber of Commerce - statement of bills. A statement of bills from thl Chamber of Commerce for the months of July, August, and September, 1958, presented in accordance with the proposed contract between the City and *the Chamber of Commerce. It was the decision of the Council that this m, should be taken up later in the meeting at the time the contract between City and the Chamber is discussed. e. Chamber of Commerce - re Harbor Commission. The City Manager Pro Tem in: the Council a letter had been presented at the last meeting of the Counc from Mr. Tores, regarding the actions of the Harbor Commission, and Mayo, Lough had requested that the letter not be read. Mr. Kubota inquired of the Council as to what disposition the Council wished made of this lette Mayor Pro Tem Ledgerwood requested that the letter be read. After the the letter be filed. Three ayes, notion carried. letter was read, it was moved by Cwn. Sonneman and seconded by cmn. Grober a c, i.I f. Nationwide Personnel Agency - Application for position of City Manager. Letter dated October 9, 1958, addressed to the Council from Nationwide Personnel Agency, enclosing resumes of two applicants for the position of City Manager, in which they suggested the Council review the resumes of two outstanding applicants. The City Attorney pointed out there are firms who test applications for cities; he suggested that a corrunittee be 6 appointed to review the hiring of a City Manager. Cwn. Sonneman suggested that this matter'.be taken up at recess. g. J. Bertino - re removal of trees. Letter from Joseph and Nellie Bertino regarding the removal or trimming of the trees requested, in which they informed the Council they did not feel they should contribute towards the trimming or removal of the trees as these trees were on City property and were causing a hazardous condition. Cwn. Sonneman stated she had contacted a tree firm in Del Mar and they had given an estimate of $900.00 for trimming and topping of these trees as recommended by the Parks and Recreation Com- mission; if they cut any of the trees down it would cost approximately $115 per tree; she had contacted Mrs. Ingraham and she would give permission to have the trees trimmed or removed, but would not contribute toward the cost. After considerable discussion it was moved by Cwn. Sonneman that the City Manager Pro Tem be instructed to contact this Del War firm and obtain a bid for the topping and trimming of these trees,-and report back at the next meeting of the Council. Seconded by Cmn. Grober. Three ayes, motion carried. h. J. B. Askew, M. D. - re Terramar Unit Ii6. Letter dated October 3, 1958 from J. 8. Askew, M.D., regarding the Terramar Beach area stating they were con- firming the fact that effluent is reaching the beaches from the seepage pits that are built along the ocean front in the Terramar area, They further stated they were again recommending to the City Council that the Terramar area be developed on the basis of a public collection system rather than individual septic tanks, The City Attorney reviewed the past happenings in the Terramar area with the Council, and pointed out the Council was con- sidering the revocation of theirzction and had asked the Health Department to make a more thorough investigation of this area. MR. PERRY LAMB, resident in the Terramar area, stated he felt that the Planning Commission and-the Council had been confused by statements from I the Health Department. From this letter he understood the Health Depart- ment had made other tests. If this subdivision were to be stopped, the City would perhaps be sued by the subdivider, however, if the subdivision is allowed to continue some of the property owners in the area would per- haps sue, thereforej he felt a compromise should be made at this time. The City Attorney stated he would like to speak as an individual and not as the City Attorney. He felt the Council should make some decision at this time, The City now has the Brown and Caldwell report, and suggested that substantial progress be made toward a permanent sewage disposal plant. After considerable disaussion, by common consent of the Council, they asked that this letter be referred to the Planning Commission. i, Memo from City Clerk - Security of Administrative Offices. Memorandum from the City Clerk dated October 15, 1958, regarding the security of admin- istratibe offices, and recommending that proper-locks be installed on all outside doors; that the Police Department be instructed to keep all doors locked except during regular office hours, and that admittance to the administrative offices, at times other than during the regular office hours, be allowed only to City Officials and employees, and that they be required to sign in and out on a log kept by the Police Department. The City Manager Pro Tern stated he,certainly concurred with the recom- mendation of the City Clerk and he .would like to submit a report at the next regular meeting regarding the security of all administrative properties of the City, and also an estimated cost of replacing the locks. Cwn. Sonneman felt a great deal of consideration should be given this matter before any final action is taken. I I I I c t j. Agreement for payment of Waterworks Bonds& The City Attorney informed t Council that the people who bought the waterworks bonds requested that a agency be appointed by the City for-the collection of coupons, interest principal. An agreement was presented to the Council between the Securi First National Bank of LOS Angeles designating the Security First Nation Bank as an agency, and authorizing them to arrange with Bankers Trust Co in New York. and Harris Trust and Savings Bank in Chicago to act as fisca agents in New York and Chicago respectfvely. It was moved by Cwn. Sonne that the Security First National Bank be appointed Fiscal Agent, and tha Mayor and the City Treasurer be authorized to sign this contract on beha of the City of Carlsbad. Seconded by Cmn. Grober, Three ayes, Mayor Lough and Cmn. Helton absent, motion carried, 4 , ORAL COMMUNIC AT IONS : a. MRS KEENAN informed the Council that in order to comply with the lease between the City and 5, 3. Keenan for street improvements, they would li to have the width of Madison StZeet established by the Council; the City now owns an 80' right-of-way, however, according to the Master Street P1 it was the intention of the City to narrow this street; the curb on the opposite side of the street is consfrucked according to an 80' width. C Sonneman stated she felt Madison should not be narrowed, due to the fact fhat it is a potential commercial street. It was moved by Cwn. Sonneman seconded by Cmn. Grober that Madison Street, from Grand Avenue to Chestn Avenue be established as an 80' right-of-way with 60' of pavement. Thre ayes, motion carried, Mrs. Keenan also stated she was informed she would have to pay $105 for a water meter, but she did not feel this should be a part of their expen! The City Engineer pointed out there is .a meter box and connection on thi; property, but it has never been paid for; when-the lessee applies for wa' he will have to pay for this meter which funds will go into. the water ful Mrs. Keenan informed the Council they would be willing to pay this $105, felt they should have credit towards their rent, The City Attorney stat1 the lease would have to be amended,- It was moved by Cmn. Grober and seconded by Cwn. Sonneman that the Keena, pay the $105 into the water fund, that they be given credit towards thei rent for this amount, that the lease be amended to show this credit, and that the City Manager Pro Tem be authorized to sign the amendment to'the lease. Three ayes,-motion carried. Mrs. Keenan also informed the Council that if Madison Street were establ as an 80' width, there was an Eucalyptus tree that would be in the sidew, area, and requested that the tree be removed; she had contacted a tree f and they estimated it would cost approximately $50.00 to remove this tre The adjoining property owner was present and informed the Council that h was contemplating making a complaint to-the City regarding this Bree as branches from it had fallen on his property. It was moved by Cmn, Grobe, and seconded by cwn, Sonneman that this tree be removed from City proper at the expense of the City, Three ayes, motion carried. The Mayor Pro Tem declared a short recess at 9:15 P.M. The meeting was reconvened at 9:35 P.N. b. San Luis Rey Water Suit. The City Attorney informed the Council that he ' contacted several firms of attorneys who would be qualified to handle th suit; several firms were very interested in this suit but, due to the ti: element, they would be unable to handle the case; however, the firm of Jennings, Engstrand & Hendrikson would be very interested in handling th case. He presented a letter addressed to the City Attorney dated Septem 30, 1958, setting forth their compensation and qualifications. Also, Mr Smith pointed out that a consulting engineer would have to be hired to w with the attorneys, and Jennings, Engstrand & Hendrikson had recommended Edward Fitzgerald Dibble. A letter dated October 14, 1958 from Edward Fitzgerald Dibble, addressed to the City Attorney was presented setting forth his compensation and qualifications. Mr. Smith informed the Counc he estimated it would cost approximately $30,000 to try this case. Afte considerable discussion by the Council, it was moved by Cmn. Grober that law firm of Jennings, Engstrand & Hendrikson be employed by the City of Carlsbad as special counsel to defend the suit entitled, %an Luis Rey W Conservation District, et al, VS. The City of Carlsbad, Action No. 18485 7:"- in the Superior Court, San Diego County, upon the terms and conditions,as outlined in their letter to the City Attorney, bearing the date of Sep- tember 30, 1958, Seconded by Cwn, Sonneman. Three ayes, Mayor Lough and Cmn. Helton absent, motion carried. It was moved by Crnir. Grober that the City of Carlsbad employ Edward Fitszgerald Dibble as consulting engineer for the purpose of defending that particular suit entitled, "Sari ?his Rey Water Conservation Dis- trict, et al, vs. The City of Carlsbad, Action No. 184855," in the Superior Court, San Diego County, in accordance with the terms and conditions outlined in his letter to the City Attorney dated October 14, 1958. Seconded by Cwn. Sonneman. Three ayes, Mayor Lough and Cmn. Helton absent, motion carried. The City Attorney stated he had appeared in Court on October 10, 1958 on behalf of the City, and asked for a continuance of the trial until . January of 1959. The Court granted a continuance and set the trial for January 26, 1959; however, it would be necessary for the Council to confirm his appearance in behalf of the City by motion. It was moved by Cmn. Grober that the City Attorney be authorized and empowered to appear in that particular law suit entitled Y3an Luis Rey Water Con- servation District, et al, vs. Carlsbad Mutual Water Company, Action No. 184855", in the Superior Court, San Diego County, for the purpose of substituting in and for the City of Carlsbad in place of the Carls- bad Mutual Water Company, and for the purpose of moving for a con- tinuance and other appropriate relief. Seconded-by Cwn. Sonneman. Three ayes, motion carried. Mayor Lough and Cmn. Helton absent. C ITY MANAGER * S REPORT: a. Delinquent water bills. The City Manager reported there were two water bills that were delinquent - Robert Hicks and Irwin Kelly; these properties are presently being served by the Terramar Water Company; the property owners claim the City is pumping water from the Hall Wells which takes away from their wells.. The possibility of suing for the collection of these bills could be an extensive and costly suit was pointed out by the City Attorney. He fklit in the future it might be wise to have a water counselor to refer these matters to, and until a decision can be obtained, he suggested that the City continue serv- ing these property owners with water. After considerable discussion, it was moved by Cwn. Sonneman and seconded by Cmn. Grober that the City continue serving water to Mr. Hicks and Mr. Kelly pending a decision. Three ayes, motion carried, b. Control of rats. The City Manager Pro Tem informed the Council they had received complaints of rats in the area. Previously, in one in- stance, Mr. Westree took care of this situation. Mr. Kubota asked the Council if they wished "r. Westree to continue with this control, or did the Council wish to enter into a contract with the Health Department for the control of rodents. He suggested that he con- tact the County Health Department to see what could be worked out. It was moved by Cwn. Sonneman that the City Manager be instructed to secure information from the County Health Department for the control of rodents. PLANNING : Final Map of Carlsbad Gardens. The City Engineer presented the final map of Carlsbad Gardens. The City Attorney informed the Council the Agreemen informed Faithful t for Improvements had been signed by the Subdivider. He also the Council that bonding companies are hesitant in issuing Performance Bonds and Labor and Material Bonds to subdividers for improvements. The subdivider for Carlsbad Gardens was unable to secure these bonds; Carlsbad Gardens, Inc., had put up securities in the amount called for in &he agreement, and the City Attorney informed the Council he was satisfied that this was sufficient security; the securities would be held by the City until such time as the improve- ments were completed to the-satisfaction of the City Engineer. t @. It was moved by Cwn. Sonneman that the City Manager Pro Tern be authorizl to sign, on behalf of the City, the Improvement Agreement between the Su' divider, Carlsbad Gardens, Inc., and the City of Carlsbad. Seconded by Cmn. Grober. Three ayes, motion carried. It was moved by Cwn. Sonneman and seconded by- Cmn. Grober that the final of Carlsbad Gardens, Inc., be approved, and that the City Clerk be autho ized to sign the final map at such time as all other City Officials have affixed their signatures. Three ayes, motion carried. 8. PUBLIC SERVICE: b. Sewer lateral construction - Review of program and purchase of equipment Letter from Leo Williams was reviewed. The City Engineer pointed out t the committee appointed by Mayor Lough had recommended that the City pu, chase equipment to make these sewer lateral connections, and that Leo Williams be author.ized to continue serving the city at his present rates until the City was in a position to take over this operation. R memo frc the Public Works Director was presented in which he stated equipment tesi had been made, and after careful study he recommended the Massey-Fergusol tractor for which he had received a bid in the amount of $7,104.49 for a backhoe. Another memo from the Director of Public Works was presented il which he stated he had received bids from 4 firms for a compressor, and recommended the Chicago-Pneumatic in the amount of $5,205.00. Discussion was given as to who would do this work during the interim per After considerable discussion, by comon consent-of the Council, the Cit. Manager Pro Tem was instructed to contact Mr. Leo Williams in regards to the increased rate for this work, and report back to the Council at the meeting of October 21, 1958. I d. Street and Storm Drains. Report on Street Rehabilitation Program, The City Manager Pro Tem reported the Street Rehabilitation Program had bee force since July 21, 1958, and at the time it was adopted it was the in- tent ion of the Council to proceed under this program €or a period of 60 he asked the Council if they wished to continue with this program, as on1 one petition had been received under the 1911 Act for the improvement of alley. It was moved by Cwn. Sonneman and seconded by Cmn. Grober that ti Street Rehabilitation Program be continued until January 1, 1959. Three ayes, motion carried. f. Chestnut he. Street improvement - progress report. It was moved by Cmn Grober and seconded by Cwn. Sonneman that this matter be deferred until ~ time as the Public Works Commission is established. Three ayes, motion carried. I g. Roosevelt Street Improvement - Progress report. The City Engineer repor' that 80% of the engineering work had-been completed for this project, bu due to the matter of priority it was necessary that the sewer projects bl completed first. He pointed out that the rainy season would soon be he and that the storm drain projects should also be given priority. It was the feeling of the Council that some of this work should be done by an 01 side engineering firm. The City Attorney suggested that an outside firm hired to prepare plans and specifications and assessment diagrams on the 191.1 Act sewer projects, as the cost of engineering is provided for in t 1911 Act. It was moved by Cwn. Sonneman and seconded by Cmn. Grober thaa .. the City Engineer be authorized to employ outside engineering to prepare plans and specifications and assessment diagrams on the 1911 Act project: in order that the storm drain,projects can be given priority. Three aye: motion carried. i. Tamarack Avenue drainage problem - K. B. Jones. City Manager Pro Tern Kubota reported to the Council that Mr. Jones had been contacted in regal to his drainage problem, and Mr. Jones would consent to the City install. two storm drains to alleviate his flood hazard. Mr..Ku'bota pointed out i Mr. Ledgerwood's driveway should also have a drainage culvert. It was mc by Cmn. Grober that.the City Engineer be instructed to proceed with this work. Seconded by Cwn. Sonneman. Two ayes, Mayor Fro Tem Ledgerwood abstaining, motion carried. a33 j. Proposed ordinance establishing Public Works Coi-Cunission - Ordinance No. - 1061. A proposed ordinance creating a Public Works Cmission; pro- viding for the organization thereof, its duties and functions; and requiring coordination with other City- agencies was introduced to the Council. After considerable discussion, it was moved by Cwn. Sonneman and seconded by Cmn. Grober that this constitute the first reading of Ordinance No. 1061. Three ayes, Mayor Lough 2nd Cmn. Helton absent. i, PAYMENT OF BILLS: Cwn. Sonneman informed the Council that the bill submitted by Castro for the formation cost on Cedar and Carlsbad Blvd. included the re- . moval of an Eucalyptus tree in the amount of $45. It was her under- standing the tree was to be removed at the expense of the owner. Cwn. Sonneman moved authorization of payment of bills from October 6, 1958, to October 17, 1958, in the amount of $2,319.15, with the exception of the removal of the Eucalyptus tree in the amount of $45 which included the payment of the Water Company bills in the amunt of $124.87, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn, Grober. Three ayes, motion carried. 1. ADJOURNMENT: . It was moved by Cmn. Grober and seconded by Cwn. Sonneman that the meeting be adjourned. Three ayes, mot ion carried. The meeting was declared adjourned at 11:40 P.M. Respectfully submitted, ““~””””””””””””””~”~ MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL October 21, 1958 ROLL CALL: The meeting was called to order at 7:05 P.M. by Mayor Fro Tem Ledgerwood. Present besides the Mayor Pro Tem were Cmn. Grober and Cwn. Sonneman; City Manager Pro Tern Kubota, City Clerk Price and City Attorney Smith. Absent, Mayor Lough and Cmn. Helton, INVOCATION : Invocation was offered by Councilman Grober. Resignation of Mayor and appointment of new Council member. Mayor Pro Tem Ledgerwood announced that a letter had been received, which was addressed to the Council from Mayor Carl L, Lough. The Mayor Pro Tem read the letter in which Mayor Lough submitted his resignation as Council- man and Mayor, and asked that the same be effective immediately. It was moved by Cwn. Sonneman and seconded by Cmn. Grober that Mayor Lough’s resignation be accepted with regret. Three ayes, motion carried. Mayor Pro Tem Ledgerwood announced that nominations were open for the - position of Councilman. Cmn. Grober opened the nominations and placed in nomination the name of Margaret Cozts. It was moved by Cwn. Sonneman and seconded by Cmn. Grober that the nominations be closed. Three ayes, mot ion carried. Mayor Pro Tem Ledgerwood announced that Margaret Coats had been elected as Councilman to replace Cmn. Lough. Miss Coats was present and City Clerk Price administered the Oath of Allegiance to-the new Council member. , i