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HomeMy WebLinkAbout1959-04-07; City Council; MinutesP 0 0 1 CITY OF CARLSBAD I 1 mitted* Minutes of -3yS. CITY : XUNCIL Date of Meeting: April 7, 1959 Time of Meeting: 7:OO P. M. i Plqce of Meeting: Council Chambers 1 ROLL CALL was answered by Councilmen Grober, 1 Ledgerwood, Helton and Coats. Also present were City 1 Manager Palkowski and City Attorney Smith. 1 INVOCATION was offered by Councilman Grober. 1 MINUTES of March 17, 1959 were approved as sub- DR. FAIRCHILD appeared before the Council and discussed the sewer problem in this area. I 1, 1 CORRESPONDENCE: { cipal Wiater District regarding the water entitlement Letter dated March 19, 1959 from the Carlsbad Muni- and availability was read and discussed. By common consent the letter was ordered filed. i t 1 Letter dated March 25, 1959 from the Buena Vista Lagoon Association requesting that the Association be notified when a petition to vacate a certain road.ad- joining their property in the Lagoon is presented, and also when a request is made for a variance on Jefferson St. north of Las Flores Street, was read and discussed. The City Manager was instructed to keep the letter on file and when any such requests are made that the Association be notified. Letter dated March 31, 1959, from J, R, Meenan Motor Cars requesting that the lease between the City and J, R, Keenan be amended to permit him to add Mobile Homes and Boat sales to the location being leased by him at the present time, The City Attorney was instructed to prepare an amendment to the lease between the City and J, R. Keenan to permit sales of Mobile Homes and boats at the present location, ( ’ Invitation from the Irrigation District mficers Assoc, of San Diego County to the Council to attend a meeting of the District to be held at the Country Club in Chula Vista on April 22, 1959 at 7: 15 P. M. The.letter was ordered filed, I 1 Letter from John McKaig, Chairman of the Spring Holiday Parade, to be held on April 25, 1959, inviting the members of the Council to ride in the parade, and that transportation would be furnished, The letter was ordered filed, Letter dated April 7, 1959 from Glenn R. Feist re- questing the Council, on behalf of his clients, James Cornel1 and Associates, to reconsider the matter of the proposed sewer plant on the 11.6 acres, which is subject to an action between the City of Carlsbad and the City of Oceanside. He further stated that he would not be able to be present until after 9: 30 P. M. on said date, and asked the Council to deferr discussion until he was able to be present, The Council requested the matter deferred until later in the meeting. ORAL COMMUNICATIONS RALPH VJP-LTON, President of the School Board, informed the Council the Citizens Committee had met to discuss the school bonds, and it was their decision to call another election for June 9, 1959, for the same amount as previously requested. He further stated the School Board would like to request that the City Council endorse this school bond, and that they defer any action regarding a bond issue for the City until after the 1 I i i I 1 I -2- i 1 Name -\\\\ 9 + I 1 Of \e*>Q .. . "- "" Member _- 1 I'!! 0 school bond election. Dr, Jacobs was &so present and discussed the housing of the school chiidren within the next five years. I i I i i t The City Attorney was asked by th.e Mayor if the Counci could endorse such a bond issue, The City Attorney 1 i informed the Council that the Council has only endorsed f one bond issue, and that it has been the policy of the I .. Council not to endorse any bond issues. i The Mayor informed the members of the School Board that the Council as an Official Body took no steps in the endorsement for or against the last school bond election but that anything he could do personally to help in this next election he would be glad to do soo Cmn, Helton also informed the Board members that fie as 89 indivi- dual would be glad to assist in any way he could,? MR, CARL L. LOUGH was present and stated that the people spoke recently when they tizrned down the school bond; he is not opposed to a school bond issxxe but felt they, the School Baord.,, were ogt of order in asking the Council to endorse such a bond issue when it had just recently been turned down by the citizens; he hoped the Council would impress upon the School Board members the critical needs of the City, arrd did not feel the Council should be asked to defer any bond issue they might have planned. He suggested that a committee be appointed by the School Board and the City to discuss the critical conditlons of the City, and if a report were submitted showing the critical needs of the City and schools that the public would be more receptive, I 1 i I I /I 1 iih I 1 BID OPENING Sale of City owned propertz. - I 1 Affidavit of Publication on Notice Inviting Bids for the purchase of property owned by the City, adjoining the water reservoir on Mesa Drive in Oceanside, was pre- sented. The City Clerk informed the Council one bid had been received. The bid was opened by the Clerk, submitted by Glenn C, MerrilI in the amount of $1,';~~~,..00. The bid was accompanied by a Cashier's Check in the amount of $102.00, representing 10% of the bid. The following resolution was presented for the Council's approval: I I i Res, #539. A RESOLUTION OF THE CITY COUNCIL[ WWCITY OF CARLSBAD, ACCEPTING BID FOR F'3RCWASE OF REAL PROPERTY, AND ORDER Grober ING THE MAYOR AND CLERK TO EXECUTE A DEE Ledgerwood 'TO SAID REAL PROPERTY, was adopted by title only, Helton and further reading waived. h Coats PUBLIC HEARINGS: I 1, Master Park Plan. Notice of Appeal. was read, to consider an appeal of a decisioE of the Planning Corn- mission to deny the deletion of certain properties from the Master Park Plan, Afficavit of Publicatim was presented to the Council, There were no written or oral protests. The hearing was declared closed. It was the decision of the Council that the appeal be grant- ed due to the following reasons: (1) Property belonging to the Woman's Club splits the present park site; (2) By keeping this Browrty in the Mastsy Park Plan it is jGopardiziig the-saie of"Mrso hleattta Vzd .hnlc property; and (3) That the City is not h a finatlcial 1 I f r i, position at this time to purchase Mrs. Vaughn's pL p ~ +.y for par1.t me, am1 tftzt t5.e 7: I- ,:-..-:.-, -j:.GL2. L; A. C'. ,i,~.i~..~~Aud . !' . 1 pI-: ..GI: "O - be "'1 Grober advised of the Ctjmcil'~i action., and 'chat they be request! Ledgerwood 1 ed to report back to the Coun:=il at tkc ea'liest possible f Helton i 1 I i i 1 i I I I X j I j I 1 t I I 1 I 'I 111 I 1 i 1 I 1 i moment. [ Coats 1 t i jl/ 11 I ! AI!! 1 I !'y.\.\.$ - Q .. v ..:'?+$$&$& I 8\ < "-. 'E- Member 4 il 01 A short recess was declared at 8: 35 P, I& The meeting reconvened at 8: 55 P, M. I I I ! 2, Reclassification of Lots 8, 9, 10, 11, 12, 13, .27 and 29 of Sche11 and Sites addition to C2rPsbad - from Zone R - I to Zone R-3 - Domthy Pemington and Carlsb City Planning Corrl.miasion, Notice of hearing was read axi Affidavit of Publication was presented, Res. #lo7 of th.e Planning Commission was read wherein they recommended that said reclass- ification be approved. ~ MRS. MYRTLE RRO.A&l staced that she -.?as -11 favor of the zone change due to the fact that the streets are not suitable for business a,nl professional use aad khat it would be detrimental to the present residentiai area, There were no written or oral protests, The hearing was declared closed. I 1 1 !//I I I , 1 I I I II 1 I ! i I The following resolutim and ordinailca was p~riemed for the Council's approval: Res. #538, RESOLUTIOE OF THE CITY CO?JIVCXL -CITY OF CARLSBAD ANMOUMCING FIND- ING AND DECISION REGARDING CHANGE OF ZONE CLASSIFICATION GF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FB0R.I ZONE R-1 TO ZONE R -3, was adopted by title only and further reading waived, Ordinance #9094. AN ORDINANCE OF THE CITY OF -NDING ORDINANCE NO. 9060, CHANGING CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM ZONE R-1 TO ZONE R-3, was given a first reading. Coats Letter from Mrs. Dorothy Pennington in which she requested permission to move a house on her lot prior to the time that the ordinance would become effective for the change of zone. Mrs. Pennington was present and the City Attorney informed Mrs. Pennington that it would be illegal €or her to do so until such time as the ordinance is in effect. Resolution of Intention No. 512 - Improvement of Alley 1911 Act Proceedings - Assess, Dist, #1-1959. The Mayor announced this was the time ard place fixed. by the City Council for hearing objections or protests on the proposed work, or the extent of the assessment district, or on the proposed grades under the Res, of Intention No, 51 2, providing for the construction of ,certain street improvements on an alley bounded by Elm Ave., Oak Ave., Jefferson St, and Harding St. Th Clerk presented the Affidavits of Publication, nailing and posting, and the Council approved and ordersd .the same filed, The Clerk illformed the Council that up ?mt<l the time set for hearing no written protests had been filed, Ther were no oral protests, The hearing was declared closed. The City Engineer gave evidence that all of the .lands included in the district were benefited, The following resolutions were present& for LZe Council's approval: Res, #530, EESOLTJTXON OF TEE CE'I'Y CCXjPiCIL QF THE CITY OF CARLS,BAD, &iAIYJNG FINDINGS AND OVERRULING PROTESTS AND QBJXC'I"IBNS, was adopted by title only, and further reading waived. f I i f I i I -4- j MzLber 1 Name *\\ 1- ' 'r L x$" . e.oQ """" I I 1 i I I Res. #531. RESOLUTION OF THE CITY COUNCIL I MENTS AND GRDERING POSTING AMI4 PUBLICA- i Grober 1 TION OF NOTICES INVITING SEALED PROPOSALS 1 Ledgerwood i 0% BIDS, was adopted by title only and furtb.er reading Helton waived . [ coats OF TEE CITY QF CARLSBA.D, G,RDERING THE i' CONSTRUCTION OF CERTAIN STREET IMPROVE- { L Ix 1 I i i X I ix j:j i xi I Res. #532. RESOLUTIGN OF THE CITY COUNCIL -CITY QF CARLSBAD, DIRECTING THAT I CERTAIN STREET WGRK BE -DOME UNDZR THE DIRECTIQN AND TO THE SATISFACTION OF THE ENGINEER OF WORK, was adopted by title only, and [ further reading waived. i 1 I ! I I 4. Resolution of Intention No, 522 - Construction of Sanitary Sewers for Chestnut Ave. - 191 1 Act Proceed ings - Assess, Dist. iy4-1959. The Mayor announced that this was the time and place fixed by the City Council for hearing objections or protests on the proposed work, or the extent of the I assessment district, or on the proposed grades under the Res. of Intention No, 522, providing for the con- struction of certain sanitary sewers and appurt-. aances and appurtenant work in Chestnut hve. from 384 ft. west of Monroe St. to 330 ft. east of Westhaven Dr. 1. I I I i 1 1 I I ;I ~I ;I I i ! ! The Clerk presented the affidavits of publication, mailing and posting, which were approved azd ordered filed by the Council. There were no written or oral protests. The Engineer of Work presented evidence that all of the lands in- cluded in the district were benefited. I Grober Ledgerwood Helton Coats rR .. X 1 The hearing was declared closed. The following resolutions were presented for the Council's approval: I D. I Res. #534. RESOLUTION QF THE CITY COUNCIL -CITY OF CARLSBAD, IVU!KING FINDINGS AND OVERRULING PROTESTS AND O%JECTIONS, was adopted by title only, and further reading was waived. Res. #535. RESOLUTION OF THE CITY COUNCIL -CITY OF CA-RLSBAD DETERMINING Grober THE GENERAL PREVAILING RATE OF PER DIEM Ledgerwood WAGES, was adopted by title only and further reading , IHelton was waived. 1 Coats i !Ill I .X I ~ Res. #536. RESCSLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ORDERING THE I CCIMSTRUCTION OF CERTAIN STREET IMBRCVE - 1 MENTS AND ORDERING POSTING AND PUBLICA- I !J/ OR BIDS, was adopted by title only and further read- x!xf ing was waived. 1 Coats I' TION OF NOTICES INVITING SEALED PROPOSALS wood *x 1 \x, I iX! Res, #537. RESOLUTION OF THE CITY COUNCIL -1TY OF CARLSBAD, DIRECTING THAT CERTAIN STREET WORK BE DQNE UNDER THE DIRECTION AND TO THE SATISFACTION OF THE ENGINEER OF WORK, w2s adopted by title only and further reading was waived. PUBLIC SERVICE: a. Engineering, - ~ , Act Proceedings - Assess. District No. 5-iS58. 1. Improvement of Roosevelt Strcet - 131 1 I I ! I 11 1 ! I! 11 i -5- I 1 I 1 The City Attorney informed the CouncLi that the attorney for the contractor, had requested that the Res. of Intention be amended to change the description of the work to be performed so as to include portions of other streets, describing with more particularity the work to be performed, and that a hearing be set for meh change, He pointed out that this would not I change the boundaries or the estimated cost of work. The following resolution was preseated for the Councilt 6 I 1 t I i i I i t i I approval: Res, #533, RES0LUTION OF THE @IT$ CQUNCIL INTENTION TO AMEND RESOLUTION NO. 479 OF THE CITY QF CARLSBAD. BY CmWGING THE OF THE CITY OF CARLSBAD, DECLARING ITS i 1 I I DESCRIPTION OF THE W6R.K TO BE PEBFGRMED, SO -4.53 TO INCLUDE PORTIONS OF BTREHC STREET a AND DESCRIBING WITH MORE PARTICULARITY 6 I/ THE WORK TO BE PERFORMEQ AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND Grober OBJECTIONS TO THE PROPOSED AMENDMENT OF Helton RESCLUTION NO. 479, was adopted by title only and Ledgerwood j: further reading was waived. Coats ;X ' I;, xi I! x i 2. Approval of final map of Village Homes #2. 1 i The final map was presented to the Council for their review. The City Engineer was present and stated the map was in accordance with the conditions and restrictions provided at the time the tentative map was approved. The Council approved the final map of Village Homes #2, subject to the City Clerk being instructed not to sign the final map until such time as an improvement agreement has been entered into between the City and the Subdivider, and that proper securities have been posted. I 1 I i1 11' lij !if I Grober Ledgerwood i"j= 1 Helton j Coats 1 1:l PLANNING: a, Memorandum from the Planning Commission dated March 30, 1959, recommending that the City Council request the County Board of Supervisors to initiate proceedings to place a Residential-Agricultural Zone on property within the boundaries of the Carlsbad Municipal Water District and lying outside of the City of Carlsbad. After considerable discussion by the Council it was the decision of the Council that the City Grober ' Manager be instructed to communicate with the Board Ledgerwood 1 of Supervisors regarding the recommendation of the Helton 1 Planning Commission. Coats B I 1 b. Memorandum from the Planning Commission dated March 30, 1959, with a letter from the Planning Department of the County of San Diego, in which they recommended that the City Council take favorable action on the plan outlined in the letter from the County Planning Department. The Secretary of the Planning Commission was present and explained the County is proposing that a competent planner be added to the County Planning Department to initiate coordi- nated, County-wide regional master plming. The Council requested this matter deferred until the next regular meeting of the Council. I Grober Ledgerwood Helton coats 11 I/ I! /I K #I 114 c. Memorandum from the Planning Commission 1 lill dated March 30, 1959 recommendiag that prompt appointments be made to fill the vacancies created by i the expiration of Commissioners Baumgartner and Ebright's terms, as it is most vital to the operation of the Planning Commission to have these vacancies fille ' i 1 1 I I 1, i I I 1 i i I ///j I, I i -6 - I - D ! I \ The Mayor stated :several names had Seen submitted i and with the approval of the Council he would like to I appoint the following persons: William Metka, and 1 Patrick Zahfer. The Council approved the appointme,nj .* , Discussion of proposed Sewer plant on the disputed I1 . 6 acres. I Grober Ledgerwood Helton '6. Coats 1 Mr. Glenn Feist was present and requested that the 1 City Council reconsider the proposed plant on the 11.6 I acres, as he felt Carlsbad would certainly be benefite by this plant, and was sure an agreemeat could he worked out between the two cities as to the exclusion f of the disputed 11.6 acres. I I. The City Attorney was asked by the Council if the an- nexation proceedings could be validated if this land were excluded, The City Attorney informed the Counc that you cannot exclude any area that has already been annexed without the vote of the people, however, citie can agree as to certain boundaries by way of a resolu- tion. Mr. Berry Hayes was present and presented certain information, and again objected to a sewer plant being 1 located at this location. i I Some of the mcmbers of the Public Works Commission I were present. Mr. Lull, one of the Commissioners from the Public jYorks Commission, stated that the Commission had made a survey of the town, and it was the general feeling of the people of Carlsbad that Carlsbad should have their own sewer plant. i After considerable discussion a motion was made by the Council that the City Council cannot consider the matter at this time, due to the fact that public opinion seems to be against this proposed plant, and that the matter was presented so rapidly. HARBQR: Memorandum from the Harbor Commission dated March 23, 1959, recommending that the City Council attempt to negotiate a lease for the Inner Lagoon, After discussion by the Council, by common consent the City Manager was instructed to communicate with the Harbor Commission and request that they submit additional information as to their plans for the devel- opment of this area. i I D I I I MONTHLY REPORT9. I Grober Ledgerwood Helton Coats I The monthly reports were circulated among the Council members and ordered filed, NEW BUSINESS Ordinance No. 3032. AN ORDINANCE OF THE CITY -EALING SECTION 83 QF ORD- i INANCE NO. 3005, ORDINANCE NO. 3006, SECT10 S 2 and 3 OF ORDINANCE NO. 3009, QRDINANCE NO. 301 1, ORDINANCE NO. 3016, QRDINANCE NO. 3017, ORDINANCE NO. 3030; AMENDING ORDINAN E Grober NO. 3005 BY ADDING SECTION 83,1, REQUIRING Ledgerwood INTERSECTIONS, was given a first reading. Coats Proposed Ordinance No. 106 3 -Begotism - was Grober deferred until the next meeting. Ledgerwood Helton Coats CERTAIN TRAFFIC TO STOP AT DESIGPJATED .j Helton 1 1 f X I X I i i I I X X I x X 1 X i t 1.- I i~ t X X X X I :I 11 i I I ~~ I I ! j 1' i 11 I i -7- \\ I f Ordinance No, 9095, AM ORDINANCE OF THE CITYf Grober 1 ~L~%?EYT"o" LPOcATmN OF UTILITY EASEMENT Eelton 1 IN SUBDIVISIONS, was given a first reading, i coats i ..MENDING ORDINANCE NO. 9050, Ledgerwood I i x, X ~~ I Lease between the Carlsbad Municipal Water District and the City. TIiiXity Manager requested the matter 1 deferred until the next regular meeting. OLD BUSINESS: I ! I I Ordinance No. 1064, AN ORDINANCE OF THE CIT G g&l%?k?%5i?& REDUCING THE AMOUNT OF Grober THE SECURITY BOND FURNISHED BY THE 1 Ledgerwood DIRECTOR OF FINANCE FROM $50,000 TO $25,000, was given a second reading and adopted. 1 ::2 ENDING SECTION 4 OF' ORDI- Vacation of Pine Avenue. By motion of the Council J Grober %he matter was deferred until the next regular meeting Ledgerwood 1 Helton i 1 Coats Bond issues for the City of Carlsbad. I t Cwn. Coats stated that she did not feel that the re- habilitation of streets should be Wluded in any bond issue; that rehabilitation of the waterworks, sewers l and drainage should be the only items included in the bond issue. JACK KUBOTA stated he felt each item should be listed separately, and that a report of these items should be made available for the public to consider before the election. I I i 1 MR. WILLIAM GUEVARA, one of the Public Works Commissioners, stated the present plant is readhing its capacity rapidly, and felt that if a plant were built in the Agua Hedionda Lagoon area that this would take care of our present needs, and if a reservoir were constructed in connection with the plant that the re- claimed water could be stored for irrigztion. I I I I I After considerable discussion by the Council the City 1 f Attorney was asked what the next procedure would be towards getting the election proceedings started. The City Attorney informed the Council that considerable datc would have to be prepared before they could proceed with the election proceedings. By motion of the Council the City Manager, City Attorney and City Grober Engineer were instructed to prepare the necessary Ledgerwood date for the bond issue, to include sewage, waterwork Helton rehabilitation and the necessary storm drains. Coats ~ 1 MANA6EPE"S REPORT: i The City Manager informed the Council that due to the late hour he would give his report at the next regular meeting, - PAYMENT OF BILLS ASD RATIFICATION OF PAYROLL: Authorization was given for payment of bills for the Water Department from March 18, 1959 to April 7, 1959, in the amount of $13,190.10, as certified by the Direchor of Finance and approved by the Auditing Committee. i I I I I Grober Ledgerwood Helton Coats I ~l i 'X ~X X X. 1. I 1- D l .- i. -8- "1." I Authorization was given for the payment of bills for the general expenses of the City from March 18, 1959 to April 7, 1959, in the amount of $7, 368.46, as certified by the Director of Finance and approved by the Auditing Committee. Ratification of the payroll was given for the second half of March, 1959, in the amount of $11,933.49, as certified by the Director of Finance and approved by the Auditing Committee. ADJOURNMENT: By proper motion of the Council the meeting was adjourned at 12: 20 A. M. Respectfully submitted, , Lf' _. (:.$L&t, 4i.l ,I ,? Deputy 'City Clerk I I I