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HomeMy WebLinkAbout1958-11-05; City Council; Minutes53% MINUTES OF REGULAR MEETING GF CARLSBAD CITY COUNCIL November 4, 1958 The meeting was called to order at 7:OO P.M. by City Clerk Price, Present besides the City Clerk was Cwn, Sonneman. Absent, Mayor Ledgerwood, Cmn Grober and Helton, and Cwn. Coats. Due to lack oE a quor- um, the meeting was adjourned to Wednesday, November 5, 1958 at 7:OO O'clock P.M. The hieeting was declared adjourned at 7:03 P.M. ~ Respectfully submitted, """"""""""""""""""""""""""""""""""""" MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COllNCIL 3 November 5, 1958 1- ROLL CALL The meeting was called to order at 7:OO P.M. by Mayor Ledgerwood. Present besides the Mayor were Councilman Grober and Helton, and Councilwomen Sonneman dnd Coats;. City Manager Palkowski. Absent, City Attorney Smith., ?- INVOCATION: Invocation *a,,s offered by Crnn. Helton. 3. APPROVAL OF MINUTES: a,Minutes of Ajourned meeting of October 17, 1958. It was moved by Cmn, Grober and seconded by Cwn. Coats that the minutes be approved as submitted,, Five ayes, motion carried. b.Minutes of Regular meeting of October 21, 1958. It was moved by Cmn. Grober and seconded by Awn. Coats that the minutes of October 21,1958, be approved as corrected. Five ayes, motion carried. 1. CORRESPONDENCE: a.City of Oceanside- Inyitation for jeint meeting of Councils. better dated Octr ober 23, 1958, from Mayor Sklar of the City of Oceanside, extending to the City of Carlsbad's City Council an invitation to attend a joint meeting of the two legislative bodies for the purpose of discussing a possible con- solidation of the two cities, After considerable discussion by the Council, awn, Sonneman movgd that the letter.. be acknowlegged. by the City Manager thanking them for the invitation, and that considerable thought should be. given this matter by the Carlsbad City Council, therefore, no date could be set for a joint meeting at this time. Seconded by Cmn. Grober. Five ayes, motion carried, . b.State of California - Gas Tax Apportionment. The City Nanager gave a resume of the Gas Tax apportionment for the City of Carlsbad, showing the quarterly apportionment of 5/8c gas tax for quarter ending September 30, 1958, based on a population.of 6,963 as $5,386.94. By conanon consent of the Council the letter was ordered filed. c.Letter dated October 22, 1958. from the Department of Public Health. stat; ing in 1955 the Board of Supervisors of San Diego County established an Air Pollution Control District; also, a ten-member Citizens Advisory Comm- ittee wasappointed to make recommendations to the Board, The Advisory Committee and the Department of Public Health believe it would be to the County's advantage to review plans of certaicl types of industrial install- ations contemplated in the incorporated areas. The Committee would make recommendations from an air pollution control point of view, They recomm- ended and requested that the City voluntarily cooperate and participate in .. the program. It was moved by Cwn, Sonneman and seconded by Cwn. Coats that the City Manager be instructed to acknowledge the letter and that the letter be ordered filed. Five qyes, motion carradd. I d.Chamber of Commerce- Christmas decoration. Letter addressed to the Council from the Chamber of Commerce regarding decorations for the City. It was pointed out that no funds had been appropriated in the budget for the Cham- ber &or Christmas decorations. It was moved by Cwn. Sonneman that no further funds be offered for Christmas decorations by the City, and that any monies expended would have to be used from other hnds Of the Chamber of Commerce. Seconded by Cm. Coats. After further discussion, Cwn. Coats rescinded her second. The motion died for lack of a second. It was moved by Cwn. Sonneman that before definite action is taken that the City Mana- ger contact the proper officials of the Chamber of Comnerce to see what could be worked out in regards to Christmas decorations. Semnded by Cwn. Coats. All ayes, motion carried. e. Smith and Swirsky - Water progress report. The City Manager requested this matter deferred until the City Attorney was present. f. Mrs. Gilbert D. McLean - Traffic. Letter from Gilbert 6( Barbara McLean re- questing that the necessary steps be taken imediately to provide a stop sign on Highland where it intersects with Elmwood, going north, and that" a ' sign be placed on Buena Vista Way just before the crown of the hill 6e- tween Valley and Arland Road. By common consent of the Council it was agree that this matter be referred to the Traffic Safety Committee, and that they be informed of their reappointment by the Mayor. g. Mrs. R. L, MOran- Water discoloration, Letter from Mrs. R. L. Moran, 927 Grand Ave., requesting that something be done about the discoloration of.thc water. By common consent of the Council the matter was referred to the Engineering Department for a report. h. Margaret W. Coats - Letter of resignation from Parks and Recreation Eommissj Letter dated November 5, 1958 from Margaret W. Coats, in which she submittec her resignation from the Parks and Recreation Commission as she soes not fec hhat any City Official should serve on a Commission. Miss Coats recommendec Mrs. Marde E. Hildabolt, 3657 Monroe Street as her replacement. It was mow by Cwn. Sonneman and seconded as her replacement. It was moved by Cwn. Sonneman and seconded by Cmn. Grober that Margaret W. Coats' resignation be accepted. All ayes, motion carried. The Mayor suggested that this appoint. ment be deferred until a later date, and requested the Council to submit other names for nomination to this vacancy. By comn consent of the Counc! it was agreed that-this appointment be deferred until a later date. 1 i. Carlsbad Journal - Release of news to the press. Letter dated November.3, 1958, addressed to the Council from Robert D. Garland, Publicher of the Carlsbad Journal, asking the Council to reconsider their decision of two weeks ago prohibiting the issuancd of news from the various administrative departments, until after the Council has taken action. The Mayor explainec this was a matter of letting the Council read the mail before the paper publishes it. An informal vote was taken from the members of the audience E to whether news ahould be released prior to Council action. Eight "ayes" and eleven "no's'.' Members of the audience voiced their opinions. One of the members stated that general matters should be released to the press, and that the City Manager should be able to screen the incoming mail. It wi Moved by Cwn. Coats and seconded by Cmn. Helton that the City Manager be authorized to screen the mail. and-release to the public, matters that he feels are justifiable to release. Three ayes, two no's, Cmn, Grober and akin. 6onhemaa>$3oe ing (No) . I The City Attorney was present at 7:45 P.M. 6. PUBLIC HEARINGS: a. Appeal on request for variance - Rear yard set back - Smith and Castela ASSOC. The Secretary of the Planning Commission was called upon to review the action of the Planning Commistion with the Council. Notice of Appeal was read. Res. #87 of the Planning Commission was reviewed by the Council in which they recommended that this variance be granted; however, the roll cal1,note was a 4 to 2 vote, with one commissioner absent, which, accord- ing to Ordinance N9i 9060, constituted a denial of the variance due to a lack of a majority. The Secretary of the Planning Commission informed the Council that accord- ing to Ordinance No, 9060, when more than one lot is contiguous the entire property is considered as one building site; in this particular case there 4 334 Three lots involved, and the two remaining lots in the block would be re- quired to have a 6' vaTiance for one lot and a 5' Yariance on the other lot. The Mayor asked if there was any*correspondence regarding this matter. Letter fro; E. P* Fritshel dated October 10, 1958, requesting informa- tion as to the affect this variance will have on adjacent property, and felt the variance should be granted. Letter from Niels H. Martin and Isabel, L. Martin stating they were very much disturbed,by the many attempts to undermine the decisions of the Carlsbad Planning Commission by appeals, and urged the Council to support the decisions of the Planning Commission and deny the request of Smith and Castela Associ fora variance. I Letter from Leonard Wood ststing he felt the decision of the Planning CommisSion should stand. The Mayor asked if there was any person present who wished to speak in favor of this appeal. MR. LEO SMITH, of Smith and Castelo, stated he would like to take the opportunity to show drawings of thCs project. Two large drawings were pre- sented for the Council's review. Mr. Smith further stated he felt this City has many growing pains, the same as San Clemente has had, and many other communities of this sjae; he felt there would be many buildings of this type in the future. NR. PERRY LAMB" stated that he was very impressed with this type of build- ing, as this is becoming very popular; in reviewing the minltes of the Planning Commission, and objection was raised as to this building being a two story building. Mr.LARRY BUCHART, informed the Council he felt this was a high-type of building for Carlsbad; he had seen similar buildings of this type in the East . MR. S. P. ROTI, 3525 Garfield, stated that he had one objection in that the Commission is not consistent in enforcing their laws; he applied in May of this year for a variance and was denied.a 2' variance; two years ago a blanket rezoning was given this area and he pas never notified. 1 The Mayor declared the public hearing closed at 8:07 P.M. Cwn. Sonneman stated that this area on the Palisades has been zoned for duplexes for many years - perhaps 25 years. Two or three years ago hhis area was rezoned R-3, which would provide multiple dwellings; she felt this type of building would certainly be an asset to the community; a two story building is not prohibited in any area; she only hoped this type of build- ing will enhance this area. Cwn. Sonneman further stated that she apprec- iated any comments from the audience. After discussion among the Council members, Cmn. Helton moved that the Planning Commission be notified that it is the intention of the Council to graFt this appeal, that the matter is being referred back to the Planning Commission, and the Council requests the Commission to report back to the Council at the earliest possible mment. Seconded by Cwn. Sonneman, Five (-::: ayes, motion carried. The Secretary of the Planning Commission pointed out that the Planning Commission did not plan to hold another meeting until the 2nd Tuesday in December, due to the next meeting falling on a Holiday. The Mayor notifie d the Secretary that he would like to request the Planning Commission to hold a meeting on November 12, 1958. I ORAL CornuNIcAnoNs: - Request for water service MR. BEAVER, stated that he was representing Mr. Harold Welch, who owned property outside the City Limits of Carlsbad; he wished to file a tentative map for a subdivision, and would like to apply for water service from the City of Carlsbad; as to the details he would like to call upon the City Engineer. The City Engineer informed the Council that Mr. Welch purchased property adjoining the Hall Wells; the Welch pro- perty adjoins the Key Acres Subdivision to the north; there is a 4" and a 6" line which he could tie in to; Mr. Beaver stated that in planning for ? .. . L 1 I the future he would prefer tying in to the 6" line. The City Attorney reviewed the previous action of the Council at the time the Key Acres Sub- division was discussed, and it was the dec.ision of the Council that they would serve Key Acres if they would comply with certain specifications. Mr. Beaver informed the Council he would be happy to comply with the re- commendations of the City Engineer. The possibility of connecting to the Municipal Water District lines was discussed, and Mr, Beaver informed the Council it would cost approximately $14,000 to connect to their lines, After considerable discussion by the Council some of the members of the Council felt this matter should be given more consideration, It was moved by Cmn. Helton and seconded by Cwn. Coats that the City Manager, City Engineer and Mr. Grober be appointed to investigate this matter and re- port back to the Council their recommendation on this matter at the neat regular meeting of the Council, Five ayes, motion carried. Request for leave of absence - City Clerk Price. City Clerk Price informe the Council he wocld like to request a 10 day leave of absence commencing November 12,1958 thru November 22, 1958, It was moved by Cmn. Helton and . seconded by Cwn. Coats that City Clerk Price be granted a 10 day leave of absence, commencing November 11, 1958 thru November 22, 1958. Five ayes motion carried. - Woman'B Club Contract. Mrs. Vance, Chairman of the building committee of t Woman's Club, asked if the matter of the Civic Center would be brought up night. By consent of the Council it was @greed that the matter would be disoussed at this time. Mrs. Vance reviewed the offer of the Woman's Club with the Council, and according to the contract, the City must match frnds of the Woman's Club plus the acquisition of land. The City Attor- ney was requested to review the contract with the Woman's Club. Mrs. Vance asked if a Capital Improvement fund could be aet aside each year toe wards this project. *. Mrs. Dunne, President of the Woman's Club, stated that the Woman's Club would like to have the Council make a commitment by December 10, 1958. 1 Mrs. Finis Johnson stated that they are giving the money towards a Commun- ity Building for the City; the Woman's Club would get these meeting privileges because they have contributed towards this building, therefore they would have the use of this building for a period of 25 years. Mr. M, W. Jarvie, stated that a City such as Carlsbad should be able to provide funds for such a project.' Mrs. Vance was asked by the Mayor if she felt a bond issue would carry for such a project. Mrs. Vance stated she definitely didi~.not feel it would carryi I . After considerable discussion by the Council, Cwn. Sonneman stated that for 5 years the Woman's Club have endeavored to get the City to help them in this project; this Council has set aside $5,000 for the acquistion of property and felt this was an indication of their good faith. This projec would take time. Cwn. Sonneman moved that this matter by given due con- sideration in order to give the Woman's Club aneanswer by December 10, 195 -Seconded by Cwn. Coats, Five ayes, motion carried. Lease of City Property - J.R. Keenan. Mrs. Keenan stated that they had entered into a lease with the City to lease City Property, and payments were to commence on November 1, 1958, but through no fault of their own, thii$,have been delayed with construction and would'like to request that the payments commence on December 1, 1958. It was moved by Cmn. Helton and seconded by Cmn. Grober that this extension of time be granted and tha the contract be amended to show the commencement date as December 1, 1958. Five'ayes, motion carried. 7. FINANCE : a . Second reading of Ordinance No. 1062 - Authorizing amendment to contract - State Employees Retirement System. Ordinance No. 1062 was presented to 'th Council for second reading.,It was moved by Cwn. Sonneman that the reading of the title of Ordinance N . 1062 constitute the second reading of Ordinanoe No. 1062, and that? Ordinance No. 1062 be adopted. Seconded by Cmn. Grober. Five ayes, Ordinance No. 1062 adopted. b. Finaticial Report for October, 1958, Financial reports far the month of October, 1958, were circulated among the Council members for their review. C. Authorization for borrowing of funds. Proposed Resolution No, 455 was int CldW duced to the Council, authorizing borrowing of funds, and issuance of a i note to secure said lean. It was moved by Cmn. Helton and seconded by Cmn. Grober that Resolution No. 455 be adopted. Five ayes, motion carr- ied, Resolution No. 455 adopted. . PLANNING : a.Request of David Kurner - Report frorr Secretary of Planninq Cominission. A memorandum from the Secretary of the Planning Comission was read and discuesed, which set forth the prior events and action of the Planning Commission. The City Attorney informed the Council he felt the only action the Council could take at this time would,be to have the uses that have been expanded abated, and the City Manager could be in- structed to enforce this ordinance as to the abatement of these illegal uses. Letter from Felicia Nichols, 707 Eaton, Oceanside, requesting that some- thing be done regarding the unsightly trash being dumped on the Lagoon site. Also, Mrs. Nichols suggested that something be done about camouflag- ing the sewer plant so that it would be less objectionable. The Mayor asked if this dumping was illegal, and the City Attorney stated the dumping was being done by the property owner as,a fill. By common con- sentof the Council, the City Manager was instructed to acknowledge Mrs. Nichols' letter, and that the City Manager be instructed to investigate the expanded illegal uses of the property being occupied by Mr. Chase. , HARBOR: a.Memo'from Harbor Commission - Value of property on Agua Hedionda Lagoon, Memorandum dated October 29, 1958 from the Harbor Commi.ssion with attached bids from three appraisers. The Commission recommended the Bid of J.H. Fotheringham of Vista, California be considered favorably. Discussion by the Council was given as to the reason for this request for an appraisal of t-he property surrounding the Lagoon. Corn. Lamb of the Harber Commiss- ion was present and stated he was appearing as an individual and not as a representative at the Harbor Commission. By consent of the Council, the City Manager was instructed to notify the Harbor commissioners to be pre- sent at the regular meeting of the Council to be held on November 18, 1958 in order" that this matter might be discussed further. b.Mem from Harbor Commission - Land Value. Memorandum dated October 29, I. 1958, from the Harbor Commission was read; wherein they recommended that the City Co.ncil engage the services of an unbiased fim of appraisers to det- ermine the cost of acquiring 140 acres of land as outlined in Exhibit "A". which was presented to the City Council at their regular meeting of Oct- ober 7, 1958. The Council felt this matter should be discussed at the same time as the above item, and asked that this matter be tabled until Novem - Ser 18, 1958. e. Memo from Harbor Commission- Accident Reports. Memorandum dated October 29, 1958, from the Harbor Commission was read in which they requested that a copy of all accident reports occurring on the Lagoon be submitted 1 to the Harbor Commission for their review. By covn consent of the,Coun - cil the City Manager was'instructed to transmit to the Harbor Commission a copy of all accident reports occurring on the Lagoon. 1.Memo from Harbor Commission - Speed limits and recreational designations On Agua Hedionda Lagoon. Memorandum from the Harbor Cotrmission dated October 29, 1958 was read wherein they recowended that the Center Bay and2 Cove at the foot of Hoover Street, as well as the area,under the Freeway Bridge be designated for swimming, small boating, launching and anchorage and designated as five mile per hour speed zoned, The City Attorney in- formed the Council that the City has no control of the middle lagoon- they have control of the inner lagoon only. MR. YARBOROUGH was present and stated that the west side of the recreation- al area proposed for a swimming area is a beach for boats to land. WHITEY GLISSMAN stated that he did not feel that such a large area should be restricted; this area would be very nice for a swiming area; if the City owned this property they would have control, and could not see taking a large area for a small portion of the people using this area, such as Sai1 Boats* during the summer months they take care of approx- tmately 4,000 people per week. After discussion by the Council, the Council agreed that this matter should 1 ,I be referred back to the Harbor Commission for further review, and that the City Manager be instructed to inform the Harbor Commission that the City had no control of the middle lagoon. 10. PUBLIC SERVICE: Sewerage a. Sewer Lateral Construction - Review of program. The City Engineer was call upon to review this program. He explained to the Council the Committee apF ointed by the Mayor had recommended that the City take over the sewer late] construction, and he had been instructed to secure bids for the purchase of equipment; four companies had been contacted to demonstrate equipment. Memorandums were reviewed by the Council from the Director of Public Works wherein he recommended certain equipment. The purchase of this equipment on a lease-purchase agreement would run approximately $12,704.49, plus financing charges. A proposql from Leo Williams, sewer contractor, was presented to the Council for their review. The City Engineer was asked by the Council if hc felt this proposal was too high, and he informed the Council that in compa~ to other cities in the northern part of the County this was not out of lint After considerable discussion by thecouncil, it was moved by Cmn. Helton that the City accept the proposql of Leo Williams for a period of 90 days. Seconded by Cmn. Grober. Five ayes, motion carried. The City Engineer informed the Council that under the proposal submitted by Leo Williams, the City was obliged to take care of the resurfacing of tt streets, and some charge should be made to take care of this resurfacing ar some portion of the administrative costs. It was m6ved by Cmn. Helton that a charge of 10% be charged by the City in addition to all charges made by Leo Williams to handle-the cost of resurfacing and some portion of the administrative costs. Seconded by Cmn. Grober. Five ayes, motion carried. I I 12 . MONTHLY REPORTS: The monthly reports of the Fire Department and Police Department were cir- culated among the members of the Council and ordered filed. Library. A monthly report from the Library Commission was read. Also in- cluded in the report was a need for additional space. The property owned by by the City located on Eureka Place was discussed. Also the unoccupied portion of the Carlsbad Mutual Water Co. building was discussed. Mrs. McCann, Chairman of the Library:Commission was present and stated she felt this might be-the solution; the Library Commission would b9 happy to invesl gate this building and the house on Eureka Place and report back to the Council their recommendation. The City Manager was instructed to make the: buildings available for their inspection. 15. PAYMENT OF BILLS AND RATIFICATIOK OF PAYROLL: Cwn. Sonneman requested that all expense accounts be segregated separately from the rest of the bills. Cwn. Coats moved authorization of payment of bills from October 21,1958 to November 3, 1958 in the amount of $4,648.68, representing the general expenditures of the City as certified by the Director of Finance and appro1 by the Auditing Commifitee. Seconded by Cwn. Sonneman. Five ayes, motion carried. I Cwn. Sonneman moved ratification of the payroll for the second half of October, 1958, in the amount of $12,475.55, as certified by the Director oj Finance and approved by the Auditing Committee. Seconded by Cwn. Coats. Five ayes, motion carried, 16. ADJOURNMENT : It was moved by Cwn. Sonneman and seconded by Cwn. Coats that this meeting be adjourned to Friday, November 7, 1958, at 7:OO o'clock P.M. Five ayes, motion carried. 3.d 0 The Mayor declared the meeting adjourned at 11:35 P.M. Respectfully submitted, Deputy Clty Clerk """"""""""""""-"""""""""""""""""""""" MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COUNCIL November 7, 1958 , ROLL CALL The meeting was called to order at 7.00 P.X. by Mayor Ledgerwood. Present besides the Mayor were Councilmen Grober and Helton, and Councilwomen Sonneman and Coats; City Manager Palkowski and City Attorney Smith. INVOCATION Tnvocation wzs offered by Councilman Grober. I CORRESPONDZNCE: Letter froa! the firm of Smith and Swirsky in which they enclosed a Water Progress Report. The City Attorney informed the Council the Carlsbad Mutual Water Company applied for a permit to build a dam at the Bonsall narrows; there has been no work done for some time; if the Council wish- es to renew this permit, work would have to be done. If the San hid gey $uit were lost it would be quite necessary to have a dam to divert the up-stream water. The City Attorney suggested that the City Manager or the Water Department be instructed to investigate as to what the City of . Escondido, Vista Irrigation and perhaps Oceanside has done in regards to this matter. It was moved by Cwn. Sonneman and seconded by Cwn. Coats that the City Manager and Cmn. Grober investigate to see what action the other parties have taken in this matter and report back to the Council. Five ayes motion carried. PLANNING b,Clarification of zoning on Highland Avenue. The Council was informed that the 10,000 square foot area on Highland Ave, is not accurate. The Plann-. ing Commission appointed a committee to look into this matter. It is the desire to maintain 75' frontage on Highland, but that some owners wanted to aplit the lots up for frontage.on side streets, and there has been no clear precise definition of the limits. The recommendation of the committ- ee appointed by the Planning Comission was read. Resolution No. 90 of the 2 Planning Commission was read, r6owwending ii&arification of zoning on Highland Drive, between the intersection of Hillside Drive and Highland Drive northward to the intersection of Elmwood Street, Buena Viata Ave- nue and Highland Drive. They recorntended that properties havang a frontage on Highland Drive shall have a.minimum required frontage of 75 feet, and a minimum area of 10,000 square feet. Where a lot split is requested for corner property within the above described zone, the lot being created at the intersection, having frontage on Highland Drive, shall be the controll- ing lot as to zoning; and any Jot created to the rear line of the corner lot with frontage on a s&de street, shall assume all of the characteris- tics, including zoning regulations, of other properties having frontage on.the side street, It was.moved by Cmn. Helton and seconded by Cwn, Sonneman that Resolution No. 456 be adopted qppraving the recommendations of the Planning Comission. Five ayes, Resolution 8456 adopted. :.Reclassification from Zone R-2 to Zone R-3, Lots 6,7,8,9, and 10. Block " Q'' Palisades, and Lots 1 thru 6. Block "0" Palisades. Res. 1/91 of the Plan- ning Conmission was reviewed by the Council, recommending Reclassification i I c ,