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HomeMy WebLinkAbout1958-11-07; City Council; Minutes55s The Mayor declared the meeting adjourned at 11:35 P.M. Respectfully submitted, MARGARET ,&. ADAMS Deputy Clty Clerk """""""""""""""""""""""""""""~""""""" MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COUNCIL 1. ROLL CALL November 7, 1958 The meeting was called to order at 7.00 P.M. by Mayor Ledgerwood. Present besides the Mayor were Councilmen Grober and Helton, and Councilwomen Sonneman and Coats; City Manager Palkowski and City Attorney Smith. 2. INVOCATION Jnvocation was offered by Councilman Grober. 3. CORRESPONDENCE: Letter fron 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 zey Suit were lost it would be quite necesssry 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. 8. PLANNING b.Clarification of zoning on Highland Avenue. The Coundil 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 Planni.ng Conmission was read. Resolution No. 90 of the Planning Commission was read, riiomwhding Marification of zoni.ng on Highland Drive, between the intersection of Hillside Drive and Highland Drive northward to the intersection of Elmwood Street, Buena Vista Ave- nue and Highland Drive. They recorntended that properties havgng 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 lot created to the rear line of the corner lot with frontage on a stide 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 qpproving the recommendations of the Planning Comission. Five ayes, Resolution #456 adopted. c.Reclassification from Zone R-2 to Zone R-3, Lots 6,7,8,9,. and 10. Block '' Q" ning Commission was reviewed by the Council, recommending Reclassification - Palisades, and Lots 1 thru 6. Block "0" Palisades. Res. #91 of the Plan- 1 4 from Zone R-2 to Zone R- 3 of certain designated property in the City of public hearing be set for December 2, 1958 at 7:30 P. M. to consider this m Five ayes, mot-ion carried. - Ca.rlsbad. It was moved by Cmn. Helton and seconded by Cwn Coats that a I d.Master Plan for Civic Center. This matter was reviewed by the City Alttorney previously the City Council had received requests from two property owners requesting their properties be deleted from the Master Civic Center Plan; Resolution No. 440 was adopted by the Council stating their intention to modify the Master Civic Center Plan of the-City of Carlsbad, by exclud- ing certain areas therefrom; the matter was referred to the Planning Commission and a hearing was held. Res. #89 of the Planning Commission was reviewed, wherein they recommended that certain areas not be excluded from the Civic Center Master Plan. After considerable discussion by the Council, it was moved by Cwn. Sonneman that this constitute an appeal of th decision of the Planning Commission by the Council, and that a hearing be s for December 2, 1958 at 7:30 P.M. Seconded by Cwn. Coats. three ayes, Mayor Ledgerwood and Cmn. Helton voting "no". Mayor Ledgerwood stated he felt the Council should take a stand, as he felt all property owners should considered the same. Cmn. Helton stated that he would like to go on record as being in favor of the decision of the P1anning.Commission. 9. HARBOR a. Letter from the %asall Craft Harbors giving notice of meeting of the Small Craft Harbors @hmhi~smobito bE held at the Asilomar Conference Grounds, Mon Peninsula, on November 19th and 20th, 1958. The City Attorney informed the Council that previoust$ an application had been sent to the City for financial assistance of Small Craft Harbors, and this matter had been re- ferred to the Harbor Comission. At this meeting these applications would be discussed. I Memorandum dated October 20, 1958 from the Harbor Commission was read, re- questing the City Council to adopt a policy of sending a City Representa- titae, preferably from the Harbor Commission, to all pertinent meetings regarding Harbor Commission Business. The City Attorney informed the Council there were funds in the Harbor Budget for professional services, and he felt it 'might be wise to call upon Mr. Patterson to assist in the preparation of the application, and perhaps have him attend this meeting also. It was moved by Cwn. Sonneman that the City Manager be-instructed to contact the Chairman of the Harbor Commission to see what disposition had been made of the application, and to wdQqse the Harbor Coinmission that-the services of Mr. Patterson are available to take care of any necessary preparation or appearances at this Small Craft Harbor Commission meeting. Seconded by Cmn. Helton. Five ayes, motion carried. By common consent of the Council the City Manager was also instructed toinform the Harbor Comission that in accordance with their budget they are permitted to send a representative to this meeting. b. Memo from Harbor Commission- Traffic on streets leading to Harbor. Memorandum ffon; the Harboz Commission dated October 20, 1958 was read, wher in they requested that a study be made of traffic on streets leading to 'Harbor. By common consent of the Council the City Manager was instracted to have this matter referred to the Traffic Safety kommittee, and that the Harbor Commission be informed of the same. 10. PUBLIC SERVICE : I. ,' * Streets and Storm Drains a. Purchase of storm drains. The City Engineer informed the Council there wer seven storm drain projects to be repaired, which would necessitate and expenditure of $1,500 for materials, which is one-half of the amount allo- cated in the budget for such work. By common consent of the Council the City Engineer was autnoriaed -to purchase the materials necessary for this work. iID3J Discussion was given as to the progress on the Elm Avenue Storm Drain. The City Engineer informed the Council the Engineering Department has almost com- pleted the engineering work on this project, and then it would have to be presented to the Santa Fe Railway Company for thejr approval. At such time as they have approved the plans and specifications, it will be necessary to acquire easements fron some of the leasees alopg this right-of-way. He i pointed out this line would by approximately 3500 feet, and will cost in the neighborheed of $20,000. belocation of road oil mixing area. The City Engineer informed the Council in the past the city had their road oil mix site located on Palm, between Hard- ing and Roosevelt, a complaint was received fron one of the property owners in the area regarding the dust caused from this operation. Due to this con- dition the Council requested this location moved. The problem of finding a location was discussed. The Director of Public Works has suggested that the City use the same location and try and curtail the dust. The City Engineer pointed out the difficulty of trying to find a location where there would be enough space for the equipmentto turn. After considerable discuss- ion, by common consent of the Council, the City Manager was instructed to contact the complaintant to see if he would be agreeable to having the City use this location until after the rainy season was over. I . Street lights- Tierra del Ora. The City Engineer informed the Council in accordance with their decision he attempted to sign up for the meter on the two entrance gate lights in Tierra del Ora, and was informed the meter in- . volves the two lights on the entrance gate plus the lights on the fence, which are on private property. rt was moved by Cm. Sonneman that the City Manager be instructed to contact the parties in the Tierra del Ora area and advise them that the two entrance gate lights are not properly installed for the City to take over the operation of these lights, and if it is their des- ire to have the City take over this operation that they must have these lights properly installed. Seconded by Cwn. Coats. Five ayes, motion carried. 3.Elm Avenue Lighting District - 1911 Act. Res. #4S4. Directing the City Clerk to give notice of filing of assessment and fixing time of hearing. Proposed Resolution No, 454 was introduced to the members of the Council, directing the City Clerk to give notice of filinsj of assessment and fixing time of hearing. It was moved by Cmn. Helton and seconded by Crnn. Grober that Res- olution No. 454 be adopted. Four ayes,, Cwn. Sonneman abstaining, Resolution No. 454 adopted. , -. I A short recess was called by the Nayor at 9:OO P.M. The meeting was reconvened at 9:20 P.M. - Water Discussion of service agreement with Carlsbad Municipal Water District. The City Engineer informed the Council that the employees of the Mutual had been doing the maintenance work for the Municipal Water District. At such time as the City took over the operation of the Mutual the City has continued this maintenance work, and the Municipal if charged with cost plus 10%. This- work has been done by an informal agreement with the Municipal. By common consent of the Council the City Manager was instructed to investigate the arrangement with the Municipal Water District and report back any recommend- ations at the next regular meeting. Report of water Works Division. A report was submitted by the City Engineer of the Water Works Division as requested by the Council at a previous meet- ing. The City Engineer pointed out that in new subdivisions.they have en- couraged the subdivider to do his own construction work in order for the Waterworks crew to keep up with maintenance. .. 1 Contract with Carl Wilson Laboratory. The City Engineer recommended that a formal contract be entered into with the Carl Wilson laboratory. The City Attorney suggested that it might be wise at this time to continue on a month to month bases at the rate of $50.00 per-month. By common consent of the Council it was agreed that the services of the Carl Wilson Laboratory be continued on a month to month basis at the rate of $50.00 per month. ,’ /’ 1 4 I e.Policy for Water metering of Terramar, The City Engineer reported the meters for the Terramar Area had been purchased from the Neptune Meter Compnay. Dis- cussion was given as to how these meters would be installed. After further discussion it was moved by Cmn. Helton that all of the consuners of water in t Cfty of Carlsbad have meters installed on their premises on or before Decembe~ 15, 1958, and in the event the meters are not installed by thi-s date, the administrative forces are instructed to have the services discontinued; the me are to be installed at a standard cost, or they may be insta-lled on a deferrec payment basis,. 1/3 down and the balance within; 60 days. Seconded by Cwn. Coats. Five ayes, motion carried. -~ f. Report from Fire Insurance Co. on the'waterworks division. A copy of the re- port fro= the insurance compzny was previously submitted to allof the members of the Council setting forth certain hazards that exist. The insurance compar . recommended covering the reservoirs, and the City Engineer informed the Coun- cil it would cost approximately $20,000 to cover each reservoir, The City Engineer was asked by the Council if these hazards that were listed were known prior to the time the City purchased the Mutual, and the City Engineer informed the Council that the bond issue included $150,000 to take care of acquisitcon, construction, and finsncing of extensions, enlargements and. * improvements of the waterworks, etc., but $117,000 of this money was used to purchase the Terramar Water Company, The City Engineer stated that "the eity was awar-e of these hazards'; as he had made an inspection of the waterworks when he was f-irst employed by the City. By common consent of the Council the City Manager was icstructed to work towards the correction of these haza.rds . Sewerage : a, Mr. Don Prest was present and informed th.e Council there had been a petition submitted to the Council requestimg sewers on Clearview, and that over 60% of the property owners signed this petition. I The City Engineer informed -the Council the district 'was being formed to in- clude Skyline Drive, and the reason this project was being held up it was ne- cessary to acquire easements at the end of Carlsbad Highlands Unit #Z b, atween Skyline and Sunnyhill in order to complete this project. As of th.is date he has not received a consent from the property owners fo;r these easements. He said he would be happy to contact the parties again if the Council wished. The City Engineer was instructed to contact the parties again regarding these easements. b. Purchase of sewer rodding machine. The City Engineer informed the Council -the City owned a rodding machine that is hand operated and very antiquated. There is $900.00. in the budget for a machine, however, in checking with several of the companies who handle these machines, they have found it will cost in -excess of $3,000. He felt sure terms could be worked out satisfactorily. It was moved by Cmn. Helton and seconded by Cmn. Grober that the City Manager be authorized and empowered to purchase a machine, providing satisfactory terms can be worked out, and that he report back to the Council in the event negotiations cannot be worked out. Five ayes, motion carried. 11. PARK AND RECREATION: u a.Street Tree Ordinance, Proposed ordinance No, 1061 was again presented and discussed by the. Council, Memorandum from the Parks and Recreation Commission was read, wherein they urged that on Page 2, line 18, the word "plant" .be retained and not striken from the ordinance. They also suggested that where the term Park Superintendent appears that it be changed to Carlsbad City Park Department. Dis,cussicn was given to the term of Park Superintendent. It was suggested by the City Engineer that the term Park Superintendent be changed to read "City Manager or his appointee". After considerable discuss- ion it was moved by Cmn. Helton that this constitute the first reading of Ordinance No. 1060 subject to the term "Park superintendent" being changed to City Manager or his appointee". Seconded by Cmn. Grober. Five ayes, motio carried . b. J, Bertino - Report of Committee. Memorandum dated October 27, 1958 from the i)Uk Park and Recreation Commission was read,, recommending that a Mr. C. I. Jerebek of San Diego be asked to examine the trees in question and make a final reconmendation to-the City Council as to their condition. Mr. Westree was present and informed the Council that Mr. Jerebek was the tree man for San Diego for many years and is now retired. It was moved by Cwn. Coats and seconded by Cwn, Sonneman that Mr. Westree be instructed to contact Mr. Jere- bek to make an examination of these trees, and that a report be made back to the Council as to his recommendation; that if a fee, not to exceed $50.00, is charged, that the funds be taken from the Tree Maintenance 'und. Five ayes motion carried. c.City &a1 Contest. *The City Engineer informed the Council that during the time he was acting as City Manager Pro-Tem', the Counci 1 informed him to announce a contest for a City Seal. The dead line for this contest is November 18, 1958, and to date no drawings had been received, d.Requests for weed abatement enforcement, At a previous meeting the Council requested that a complaint made by Mrs. Bowen be investigated regarding weeds located on a vacant lot adjoining her property. A memorandum from N. E. Westree was read giving a description of the weeds in question. By consent of the Cauncil, the City Manager was instructed to contact the property owner to see if they would remove the weeds on a voluntary bas+s. e.Aleatha Vaughn - Deletion of property from Master Park Plan. The Council re- quested that this matter be -tabled until a later date. . Removal of Acacia Trees on Buena Vista Circle. At a previous meeting this matter had been deferred, as Cwn. Sonneman had requested that this matter be investigated. Menorandum dated October 7, 1958 from the Park and Re- creation Commission was again reviewed, wherein they reported, upon in- vestigation, such allowance necessary in order to insure access to the pro-. perty at the east end of Buena Vista Circle. After considerable discuss- ion, Cmn. Helton moved that the recommendation of the Park and Recreation Commission be accepted, and that the trees be removed at the applicant's expense. Seconded by Cmn. Grober. Four ayes, Cwn. Sonneman voting "no", motion carried, NEW BUSINESS : I a.Supplementa1 Gas Tax-Agreement - Maintenance Fund, An agreement between the State and the City for supplemental Gas Tax - Maintenance Fund was presen- ted. Also preposed Resolution No. 457, authorizing the City to entear into this Agreement was presented for the Council's review, It WRS moved by Cmn. Helton. and seconded by Cwn. Coats that -Resolution No. 457 be adopted . Five ay*es, Resolution No. 457 adopted. .. . Alley Improvement - Elm Avenue to Oak Avenue. The City Engineer informed the Council that a petition for the improvement of the alley between Elm Avenue and Oak Avenue, under the 1911 Act had been received, and contained signatures of 74% of the property owners. c.Street Improvement- Jefferson Street - Grand Avenue to Buena Vista. The City Engineer reported that three petitions had been received for the improve- ment of Jefferson Street, from Grand Avenue to Buena Vista, and all three Petitions contained over 50% of the property owners signatures. Discussion was given as to whether this project should be handled hy an outside engin- . eering firm due to the workload in the Engineering Department. It was moved by Cwn. Coats that all four petitions be referred to the Engineering Depart- ment for preparation of plans and specifications, and that the Engineering Department use their descretion as to whether these projects should be handled by an outside engineering firm. Seconded by Cmn. Helton. All ayes, motion carried. . ADJOURNMENT : By proper motion the meeting was adjourned to Monday, November 10, 1958 at 5:OO P.M. The Mayor declared the meeting adjourned at 11:30 P.M. Respectfully submitted, fl&& I