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HomeMy WebLinkAbout1959-05-19; City Council; Minutes* ,* I I CITY CCUNCIL 1 1 INVOCA.TIGN was offered by Councilman Grober. 1 APFBOVAL OF MINUTES: i ! i I i a, Minutes of adjourned meeting of April 29, 1959; Grober 1 were approved as submitted. i i j I Coats Sonneman Ledgerwood 1 b, Minutes of regular meeting of May 5, 1959 i were approved as submitted. [ ? 1 Grober X Sonneman Ledgerwood Coats I 1 NOMINATION OF COUNCILMAN: 1 The Mayor stated he had contacted several people i in nomination. By proper motion the nominations were 1 Ledgerwood 1 closed. I Coats 1 I I 1 Cmn. Grober submitted the name of Earl McBherson i Sonneman 1 whom he felt would be qualified, and they had declined. Grober i ! i. I I lx I 'I fi ix fx X I IXl ix! x I/ iX 'XI XI I By motion of the Council a unanimous..vote was cast 1 Grober 1 for Earl McPherson as Councilman, I i Sonneman 11 x ;;i /Xi i Ledgerwood 1 Coats The Mayor requested that Mr. Earl McPherson be 1 contacted to see if he could be present at this meeting. L 1 , /I// 1 CORRESPONDENCE: i I Letter dated May 8, 1959 from Paul Ecke in regards to the construction of a road to thz Palomar Airport from U, S. 101. He stated he had been approached by the County Road Dept. and he has definitely agreed to cooperate with the County in getting a road across his I property in the City of Carlsbad to the Encino over- crossing; a good route has been surveyed which would come in a'direct line across his property and connect with 101 Highway at the Encino overcrossing; if this 1 is accomplished, then the State Highway Dept. will provide an interchange inside the city limits of Carlsbad which he felt would be of great advantage to the City of Carlsbad. By common consent the letter was referred to the Public Works Commission. Memo from the Planning Commission was read in which they recommen - ded that steps be taken to have an interchange within the City limits of Carlsbad, f I I d Letter from the Agua Hedionda Sailing Club requesting I 1 that a swimming and sailing area be established in the lagoon. The City Manager informed the Council that f he and Mr. Ecke had made a survey of the area and felt the most logical swimming area would be the area just east of the freeway. A further study would be made and he would report back to the Council at a e I?/ j/j 1'1 i //I! i Ill I// I~~~ i !I 1 jlii .if /v //. I,\ iji : - future date. An agreement from the County of San Diego regarding a rate change for jail facilities was presented, which would increase the charge from $2.25 per day to $3.70 per day for the housing of prisoners. The City Manage pointed out that the City rarely uses the County Jail du to the arrangements with Oceanside. By proper motio of the Council the Mayor was authorized to execute the agreement on behalf of the City of Carlsbad. + i j [ -2 - DX i Letter dated May 18, 1959 fron Carl 1 ing a charge made recerltly by Mrs. 1 which she stated that some Carlsbad i promised her sewer and water facilities to induce her to agree to annexation proceEdings, which would appear that special privileges were promised one individual. \ Mr. Lough stated he felt steps should be taken to de- termine the Council members, if any, who promised 1 this special privilege, Fie further stated that he denied t even a speaking acquaintance with Mrs. Steiger or her 1 son ., and if the charges of Mrs. Steiger are substan- i tiated, the legality of the annexation proceedings might I be threatened. In view of these facts, he felt it was the i duty of the Mayor and every member of the Council to i demand of Mrs. Steiger, or her son, the names of each i and every Councilman who promised special privileges. i :nsert Page 1 Mayor Ledgerwood and Cwn. Sonneman denied ever (8) i having talked with Mrs. Steiger or her son. The City ! Attorney was requested to contact the past members of i the Council and ask them if they had made any such \ promises. i Letter dated May 14, 1959 from the Carlsbad Union School District, regarding the proposed school site 1 to the southwest of Valley Street, the southerly line of 1 which is the prolongation of Tamarack Ave. They ; requested the Council to consider participating with the i school district to the end that the City would acquire 1 that portion from the westerly corner of the school site 1 Highland and construct the necessary improvements on j that portion only, and the subdivider and school district f would bear the remaining cost of the improvements to the extension of Tamarack to the easterly corner of the school site. By common consent of the Council it was I agreed that the City Engineer and City Attorriey prepare I a report for the next meeting. I i ! Letter dated May 15, 1959 from Sterling E, Evans mg a request for a variance for reduction of side yard ~ set back from 7' to 5' on the west side of the property line, on property located on the south side of Forest Ave c u ealing the decision of the Planning Commission deny- I I between Highland Dr. and Olive Dr. By motion of the Grober \ Couni il a hearing was set for June 2, 1959, 2t 7: 30 P. 111. Coats 1 be held in the Council Chambers of the City Hall. Ledgerwood ' to consider an appeal for 2 variance, said hearing to Sonneman i /I/ 1 /I// i' I lJ;i jpl 1q rI I Letter dated May 18, 1959 from Dresselhaus Engineers 1 requesting the Council to consider their firm for future i the letter ordered filed. Coats i Manager was instructed to acknowledge the letter and Ledgerwood Sonneman / improvement plans for 1911 Act projects. The City Grober 1 Memo from the Parks and Recreation Commission advising the Council of a vacancy existing on the Com- mission due to the resignation of Mr. Jerry Standish, They submitted three names and requested the Council to consider one €or the appointment: Mrs. Ellen Noy, I Mr. Harry McMillan and Mr. Angel Crosthwaite. The i Mayor stated, with the consent of the Council, he would i like to appoint Mr. Harry McMillan to fill the vacancy created by the resignation of Mr. Standish. The Counci. requested the matter deferred until the next regular meeting. Letter dated May 14, 1959 from Mrs. Grace R, Gardne , 1149 Elm Avenue, regarding an offer by the Standard Qil Company to purchase her property if the City would allow the location of a gas station on her property. By Grober motion of the Council the letter was referred to the Sonneman Planning Commission for their study and recommenda- Ledgerwoad @! I Cuats i i a Memo from the 4 Holiday Park, a I to take care of t Mr. Anderson t of the Council the request was granted. ;I 1 Memo from Parks and Xecreation Commission request- ing the Council to consider the purchase of the property owned by the -Woman's Club located in Holiday Park to be used for park purposes. The City Manager was instructed to acknowledge the memorandum from the Parks and Recreation Commission and inquire of the Woman's Club as to whether they wished to sell this property and as to a purchase price, 1 $ 0 ! A Letter dated May 19, 1959 from Abe Marron stating they are now in a position that they desire to develop a portion of their property, but have been advised that the City of Carlsbad has been enjoined by the Court from exercising any jurisdiction over the property until further order. They requested that some action be taken to relieve their property from the existing in- junction so that they can develop their property, The City Attorney pointed out there were three lawsuits pending. Mrs. Hayes requested that some of the members of the Council work with her to see if some negotiations can be worked out with Oceanside in order to get the matter cleared, By motion of the Council the Mayor was instructed to appoint two members of the Council to work with Mrs. Hayes to see if some negotiations can be worked out with Oceanside, and that one of the members be the Mayor. The Mayor appointed Cwn. Sonneman and himself to work with Mrs. Hayes. Also a motion was made by the Council that Mr. Marron's letter be acknowledged and that he be informed of the Council's action. I Letter of resignation from William Netka as Chairman of the Merger Study Committee due to his recent appointment to the Planning Commission. The Council accepted the resignation. Cwn. Sonneman requested that a letter of appreciation be sent to Mr. Garcia and his daughter for furnishing music at the League of California Cities meeting. By motion of the Council the City Manager was instnacted to write a letter of appreciation to Mr. Garcia and his daughter. f 1 ,ORAL COMMUNICATIONS: There were no oral communications. REPORT ON BID OPENINGS: SEE INSERT PAGE (8) 1. Chestnut Ave. Sewers, between Monroe St. and 330' east of Westhaven - Assess. Dist, 4-1959. The Mayor announced that the City Clerk had invited bids for the construction of certain sanitary sewers in Chestnut Ave,, as described in Res. #SZ2 and ordered ' by Res, #536, and was ordered to report to the Council ~ at the next regular meeting, The Clerk presented : affidavits of posting and publication of notice inviting I bids. The affidavits were approved and ordered filed, 1 The Clerk advised the Council that up to the hour of 3:O l P, M. I May 18, 1959, four sealed bids were delivered 9 Grober Sonneman Ledgerwood Coats Grober Sonneman Ledgerwood Coats Gmber Sonneman Ledgerwood Coats Grober Sonneman Ledgerwood coats Grober Sonneman Ledgerwood coats 1 I i I 1 1 I I e .' f I i " J:mn Hubbard Contracting Co. .. - - - Walter €3. Barber - - - - - - - - - 8, L. Thibodo Const. Co. - - - - - Leo 3vi1liams - - - - - - - - - - - - The City Engineer announced that he had examined the . ; bids and found that the amounts as set fortn in the Clerk's report were correct and that the lowest re- sponsible bidder was Don Hubbard contracting Co. I 1 T, Bruce Smith, Attorney for the project, stated that he had examined the form of the lowest responsible bidder and the security deposits and found tney were in satisfactory form. I i i 1 The following resolution was presented for the Council' i approval: I I I I i Res. #54?. RESOLUTION OF THE CITY CCUNCIL, OF THE CITY OF CARLSBAQ CALIFORNIA, MENT GRDERED BY RESGLUTICN NO. 536 OF SAID CITY COUNCIL, As.sess. Dist, No. 4-1959, was adopted by title only .and further reading waived. AWARDING CONTRACT FCR WORK 0% IMPROVE- I 2. Improvement of p lley - Elm Ave. to Oak Ave., I Jefferson St, and Harding St. - 1911 Act - Assess. 1 Dist. 1-1959. The Mayor announced that the City Clerk had invited bids for the construction of certain street improve- ments in an alley, as described in Res. #512 and ordered by 3cs. kt531, and was ordered to report to f the Council at the next regular meeting after opening ' of bids. The Clerk presented affidavits of posting and publication of notice inviting bids. The Council approved the affidavits and ordered them filed. I I I The Clerk advised the Council that up to the hour of 3:OO o'clock P. M., May 18, 1959 one sealed bid had been delivered to him at his office; the bid had been computed and summarized, and presented his report of the bidding by submitting a summary sheet of the bid received as follows: 1 Darwin Construction CO. - - - - - - $ 2,533. QO The City Engineer announced he had examined the bid and found that the amounts as set forth in the Clerk's report were correct and that the lowest responsible bidder was Darwin Construction Go. T, Bruce Smith, Attorney for the projict, informed the Council he had examined the form of the lowest responsible bidder and the security desosits and found that they were in satisfactory form. However, he pointed out to the Council that the lowest bid received was 49.5% over the cost estimated by the Engineer, and the Council could not accept any bid over 10% of the estimated cost. 1 The City Engineer requested that he be given 30 days to see if a cash deal could be worked out with these property owners. If not, it would be to the property owners advantage to wait until some other project was started in that particular area and be included in the Ill hi i rf I 1 .lill I1 Grober Sonneman Ledgerwood Coats Grober Sonneman Ledgerwood Coats i I 8 a e project. The Council authorized the City Engineer to contact the property owners to see what could be worked out on a cash basis, and that he be given 30 days time in which to report back. The attorney informed the Council they should adopt a resolution rejecting all bids. The following resolu- tion was presented to the Council for their approval: A short recess was declared at 8: 10 P, M, The meeting reconvened at 8: 30 P, M, PUBLIC SERVICE 1, Acceptance by City of water easement from Kelly. An easement was presented whereby Carrol and Alice Kelly gave an easement across their property for was accepted and the City Clerk was instructed to record the same. Mr. Earl McPherson was present at 8: 35 P. M. and was administered the oath of office as Councilman by the City Clerk, 3, Weed Abatement Program. The City Attorney informed the Council she is presently doing some research on this matter to see if the present procedur can be shortened; she has written Santa Ana for a copy of their ordinance, and will report back to the Council at a later date, 4, Vacation of Pine Avenue. The City Attorney ad- vised the Council that at the last meeting a motion wa passed to set a hearing on this matter, but this would have to be accomplished by a Resolution of Intention. The following resolution was presented to the Council for their approval: Res. #550, A RESOLUTION DECLARING THE IN- -OF THE CITY COUNCL TO VACATE A PORTION OF PINE AVENUE IN THE CITY OF CARLSBAD BETWEEN CERTAIN DESIGNATED reading waived. Councilman McPherson was excused by Mayor Ledgerwood at 8; 41 I?. M. 5. Agreement - State Beaches and Parks. The Council was advised that an agreement had been re- ceived from the State Beaches and Parks for water 0 a I I i -6 - m\+ I I I i I ! I I i 1 I I service to the new comfort stations presently being Grober constructed. The Mayor was authorized to execute Sonneman the agreement between the City and State Beaches and Ledgerwood Parks on behalf of the City, Coats 1, Memo from the Planning Commission requesting the Council to take whatever steps are necessary to obtain an interchange within the city limits of Carlsba with the County road connecting Palomar Airport and U. S. 101, and that a standing committee be appointed Grober to include the Chairman of the Planning Commission, Someman By motion of the Council it was agreed that the Counci Ledgerwood concur with the Planning Cornmission in this matter 1 Coats PLANNING I 2. Memo from 'tm r'lanning Zommission rscommmci- ing that a change is indicztzd to th;lj Sign Zrdhazlce, and that thz Council appoint a committee, consisting not only of City officials, but business representatives from the Chamber of Commerce, to make specific recommendations, By motion of the Council it was agreed that a committee be appointed, consisting of members of the Council and the Chamber of Commerc to study the revision of the sign ordinance. HAREOEl: ' Memorandum from the Harbor Commission recomme ing that a Harbor District be formed, After discus- sion by the Council, the Council requested this m deferred until the next meeting, and that a map be presented to show the area intended for the harbor a harbor district. NEW BUSINESS: Res, #551. RESOLUTIGN OF THE CITY COUNCIL mITY OF CARLSBAD EXTENDING APPR CIATION TO C, R, HELTGN FOR SERVICES RENDERED AS CITY COUNCILMAN OF THE CI OF CARLSBAD, was adopted by title only, and further reading waived. OLD BUSINESS: I r Ordinance No. 9096, second reading, AN ORDINAN OF THE CITY OF CARLSBAD GRANTING A Grober SPECIAL USE PERMIT FOR LOT 12, BLOCK "C" Sonneman OF THUM LANDS, IN THE CITY OF CARLSBAD, Ledgerwood was adopted. coats P t CITY ATTORNEY'S REPQRT: 1. Mzintenance of ball fields. The City Attorney advised the Council that upon investigation it is perfectly legal for the City to participate in the main- tenance of the ball fields, however, she would rccom- mend that a written agreement be drawn up between the City and the school district. By motion of the Council the City Attorney was instructed to prepare an agreement and the Mayor was authorized to ex- ecute said agreement on behalf of the Council. 2. Carlsbad Municipal Water District rates. The City Attorney informed the Council she had not in- vestigated the revenue bonds to see how these bonds could be retired, but would report back to the Council at a later date, .. I ! Grober Sonneman Ledgerwood Coati3 3, Bond Issue, At the meeting with O'Melveny and I Myers, it was decided that there would be four pro- 1 positions to vote upon - sewers, water rehabilitation I I 1 X X I X I ~ I I ! X X /I * b ,c 0 e 1 i i -? - bond issue as outlined. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: mittee. Director of Finance and approved by the Auditing Committee. MANAGER’S REPORT The City Manager advised the Council the hearing by the Army Engineers for the Harbors is scheduled for May 21, 1959 at 1O:OO A. M. at the Community Center in Oceanside. An accident occurred at the Calaveras Reservoir wherein a man was drowned. The property was posted and is fenced. The Manager and the Council discussed the proposed budget for the fiscal year 1959-60. The following recommendations were made: ” Page (5) City Attorney: Equipment reduced from $I, 500 to $750.00, the amount allocated for extra duties; and the Book- keeper from 9E to 1033. Page (7) Planning: A 10% increase in salary for the Planner. Page (8) Engineering: A 5% increase in salary for the City Engineer. Page (14) Fire: That the amount proposed for fire hydrants be reduced from $10,000 to $5,000, Page (1 5) Library: That a full time Library Assist- ant be employed instead of a half time at the rate of 7D; that Special Departmental Supplies be reduced from $500.00 to $384.00; and the amount proposed for books be increased from $2,000 to $6,000. That the Contingency Fund be reduced from $52,045-0 to $49,439.00 to take care of these changes, .' > *F. e The proposed budget for the 'jI'ater Department was approved as submitted, ADJCURNMENT: The meeting was declared adjourned at lO:45 P. M, Respectfully submitted, Councilwoman Coats requested that the following corrections be made to the foregoing minutes: regarding this subject. Page 3. That under Report on Bid Openings, the following statement be inserted: An agreement between the former City Attorney and the present City Attorney had been reached orally, that Mr. Smith would continue the proceedings on ail 1911 Acts that had been started prior to his leaving, and Mrs. Hayes would do the proceedings on any new 1911 act Proceed- a