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,
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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. 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
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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,
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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
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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.
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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
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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
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