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HomeMy WebLinkAbout1959-06-16; City Council; MinutesI 9 1' CITY OF CARLSBAD i Minutes of: CITY COUNCIL ; Date of Meeting: i Time of Meeting: ! Place of Meeting: a; 1 ROLL CALL was answered by Cfouncilmen Grober, . I Sonneman, Ledgerwood, McPherson and Coats. Also 1 present were City Manager Palkowski and City Attorne I Hayese j INVOCATION was offered by Councilman Grober. I, t ~ jj;j Iiil !I]! t. I i APPROVAL OF MNUTES: ! f Ill1 I. i 1. Minutes of June 2, 1959 were approved as I Grober 1 submitted. Sonneman i i Ledgerwood f i 1 McPherson i Coats i CORRESPONDENCE: i f f I 1. ~ i I f 1. Letter dated June 9, 1959, from Paul S. Swirsky, i in which he submitted his resignation from the 8 Planning Commission effective immediately. The 1 Ledgerwood r/ 1 cl 1 resignation was accepted by the Council. j McPherson : Xf 1 :;::&an I rf !xi x' 1 z 2. Copy of letter dated June 11, 1959 from Franklin i W. Lilley, City Manager of Oceanside, addressed to the Buena Vista Audubon Society, regarding the re- quest by the Audubon Society for the City of Oceanside to participate in the cost of a pump to be'placed in the I Buena Vista Lagoon, They informed the Audubon t Society the City Engineer had been instructed to study j the proposed project and they would communicate with them at a later date. The letter was ordered filed by the Council. 1 1 i I I, Coats i i I ! ii I t t i i 1 1 i ! i 1 "I I I 3 F t I ! 1 OBAL COMMUNICATIONS: 1 iii! i I i i '1 i I i a MR. BILL FAI;t, President of Solomar Mobile Parks,l requested the Council to consider the removal of a I sign located on the edge of their property directing i traffic to the City of Carlsbad, which had been placed f there by the Motel Association. The reflection from i the lights bothered his tenants, and it also prevented 1 them from further development of their property. Council requested the matter referred to the Sign Committee for their recommendation and report. Thel ks MR. MATHEW JABVIE, was present and asked if any further plans had been made for the continuation of Hoover Street to &low access to the lagoon. The City Manager advised the Council the property over which this road would be constructed is privately owned and has been leased; at the present time the City is negotiating with the State for a right of way along the East side of the Freeway, which would be a continuation of Pi0 Pico, and that he would report back to $he 'Council as soon as he had any further information. i i 1 i t 1 I 1 1 1 i 1 I i i I f I i t f 1 i i 1 i i / 5 : I i i i I i t j//j t; ill i i!;; I\ I i 1.1 _,I 11; '. 111 $ if! ijr I i 1 f 1 MR. DONALD 8, SHORT, Engineer for the Munici- f f pal Water District, stated he had been requested to write a letter to the Council, but found it was too late 1 1 for the agenda, therefore, he was appearing on be- f f half of the District. The District is faced with a i water storage problem for the coming summer season./ 1 The problem will be greatly relieved at the time the l i District is permanently connected to the second aqueduct now under construction, They requested 1 I that they be permitted to make night deliveries to the 1 City's Calaveras Lake Reservoir, which would make 1 it possible for them to utilize the full capacity of their 1 San Marcos Transmission line 24 hours per day. This1 method of delivery will result in additional expense 1 R ui ;,: 'i it! 4 ,!it- !j! 1 ! I iii .! y: ir : I: ij!! ti;: if, [I .!;I ? :;1; p, Ili: ;I;! ib! 1 .- it:! . i f i -2 i i 1 ' to the City and the3 are, .prepared io ma 1 to eliminate the adclitiolial costr :They r I mission to utilize up to 250 acre feet of 6 ; capacity in Calaveras Ldke, and they woul i to work out the ogiekatin:. problems with th e t BY motim of tkie codci f the teqbest was 1 E the Municipal Water Disirieti i 1 JOINT MEETWG. wt~f'.~. PLAN&~.NG COMIMI$S~QPJ: f t I s i t I t' 1 The Mayo$ anhounced ttiat he had requested $hie F'ian- ning cotnrfiissioh inembers to meet at a jo~t session with the Couricii at .this fneeting, Members of the Planning Comdssidn ,#reserit were Comtnissioners Fennel, kahler, ,.Tarvie, Sttinger, Netka and Clizber Discussion was giveii as to various planning hatters and established policies; Disctwsion was also givexi as' to a possible solution €or the Heisier Estates Unit #2 Subdivision. ' i 1. 1911 Act - Grand and Magnolia - Asgess,, District No, 4-1958, T, Bruce Smith, Attorney fop the pro- ject, was present ami advised the Council the Engiheer. i of Work was now ready to file the assessment for the g project, as the work had been completed, The follow- Engineering: i i I i ing resolution was presented for the Council's approval: 1 Res, No. 561. A RESOLUTION OF THE CITY 1 NOTICE OF FILING OF ASSESSMENT AND OF THE ' TIME AND PLACE OF HEARING THEREOF, for Assessment District No, 4-1958, was adopted by title ; only, and further reading waived. i 2, Final Map of Seacrest Estates Unit #2. The City Engineer presented the final map of Seacrest Estates Unit #2 for the Councilts review. The City Engineer informed the Council the map complied with all the 1 requirements of the Subdivision ordinance, The I: Council approved the final map, subject to the City 1 Clerk being instructed to sign the Final Map at such time as an Improvement Agreement had been entered i into between the City and the Subdivider, and proper securities had been posted, PLANNING: 1, Tentative Map of Heisler Estates Unit #2. This matter had been continued from the previous meeting. Discussion was given as to the drainage and it was the general feeling that a drainage problem existed in this area whether a subdivision was constructed in the area or not, and that perhaps the installation of curbs and gutters to the entrance of the subdivision would help the situation. Also it was suggested that a guard rail be installed on the opposite side of the street from the 1 entrance to the subdivision for protection to the exist- t that guard posts rather than guard rails be instalied. Posting cf traffic signs for speed limit on Adams 1 Grober I Street was also suggested, After considerable 1 discussion it was agreed that the matter be referred back to the Planning Commission for further recom- mendation and consideration. f - THE CITY OF CfrRLSBAD, DIRECTIN i f i ! I 1 I ing property owners, The City Engineer suggested e I The City Attorney advised. the Council that in accord- ance with the Subdivision Ordinance, No. 9050, the subdivider must be notified of the Council's decision t t i I ]!i; It:. f I) within ten days after the Planning Commission has I referred the matter to the Council, The Council must 1 f either grant or deny the approval of the subdivision t at this time, as ten days have already expired, I t Iljl 1 r/ ,i i i By motion of the Council the previous motion made Grober was rescinded due to legal difficulties. Sonneman f Ledgerwood a McPherson 4 l I Coats { MRS. HEISLER, the Subdivider, was present and in- i formed the Council that she did not want the matter to go before the Planning Commission again, as she had not had an unbiased opinion from the Planning Com- 1 mission. This past year when she was in Mexico she received a letter from MFZX Ewald that he had a pur- chaser (Mr. Kalicka), that was willing to purchase her property for $15,000 for a subdivision. She wrote back and asked if they had a solution as to access to 1 this property. Mr. Ewald wrote back and informed 1 her they intended to construct a cul de sac to take care. of this access. Mrs. Heisler stated she felt that if they could pay $15,000 for this property and make f money, she could certainly do the same as she had f only paid $4,500.00 for the property; this map that is ' before the Council now is the exact plan they intended 1 using, She recently found out that Mr. Swirsky, one of the Planning Commissioners, was Mr. Kalicka's attorney, therefore, when this matter came before the Planning Commission she did not feel that she had received a fair or honest shake, t I I i t r Protests and objections were registered against the subdivision by Mr, Snedeker, Mrs. Myrtle Broam, Mr. Roberts and Commissioner Netka, It was the feeling of some of the members of the Council the f approval of the subdivision map should be denied, and j that the matter be referred back to the Planning i Commission for further study, The following resolu- I tion was presented for the Council's approval: \ Res. #562, A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBA-D, DENYING THE APPROVAL OF THE TENTATIVE MAP OF HEISLE ESTATES UNIT #2, was adopted by title only and further reading waived, 1 i I I @I 2. Clarification of zoning as applied to Contractors' offices in R-P Zones. The Secretary of the Planning i Commission was present and informed the Council I that the Land Use Ordinance does not specifically provide for a contractor's office in any zone, although there is a provision for a contractor's yard in a C-M Zone, and he had received a request for opening a contractor's office in an R-P Zone to be used only for i the purpose of conducting the business of an office in i connection with selling, with no yard or equipment in ! connection therewith, Resolution No, 122 of the I Planning Commission was read wherein they recom- \ mended clarification of zoning as it applies to cob i tractors' offices in R-P Zones, It was the feeling of 1 the members of the Council that a contractor's office i was not a professional classification and should not be in mR-P Zone, The following resolution was presente for the Council's approval: i 1 c Res. ""___" #563, A RESOLUTION OF THE CITY CQWCUI( ii it 1 jj 3; !fij {: if I!!: 4;: i L Ii ;; i b! t: ii:i I iI 0 R-P ZONES, was adopted by title only and further 3. Clarification of zoning as to through lots on the East side of Tierra del Oro, having a technical frontage on Carlsbad Blvd. as well as Tierra del Oro. 1 reading waived. located on the east side of Tierra del Uro, having a technical frontage on Carlsbad Blvd. as well as Tierr del Oro, and that the lots located on the east side of Tierra del Oro, having a technical frontage on Carlsbad Blvd. as well as Tierra del Or0 are not SION AS TO CLARIFICATION OF ZONING AS IT by title only and further reading waived. 4. Appointment to Planning Commission. With the I consent of the Council the Mayor appointed Douglas N. Thomas to the Planning Commission to fill the unexpired term of Paul S. Swirsky. I PARKS AND RECREATION: I 1. Appointment to Parks and Recreation Commission, 'With the consat of the Council the Mayor appointed I Elmer Johnson to the Parks and Recreation Commis- sion to fill the unexpired term of G. R, Standisb I 111 li I 111 If! 11 j 1 NEW BUSINESS: 1, Library. Vacation of premises occupied by the Municipal Water District. The City Manager advised the Council the Library Commission is very anxious to have the building occupied by the Municipal and the 1 Adult section of the Library remodeled in order to house all the library in one building. According to the , . lease with the Municipal Water District after August 1, 1959, a written notice to vacate the premises occupied by the District can be given, hawever, they were good Grober tenants and he would like to give them ample time in ' Sonnernan. which to find other quarters. By motion of the Council Ledgerwood the City Manager was instructed to give notice of McPhersan vacation or tic premises in his discretion. coats I 1 I ~ a 1 2. Plans and specifications and callin for bids for 1 i remodeling the Mutual building for the 4 ibrary, The t I f i t Council was advised that an architectual class at the Jr. College was working on plans and specifications 1 for the remodeling of the building as a class project. The City Manager requested that authorization be f i 1 E i t- 0 given for the Plans and Specifications endorsed by the xx City Engineer, and the calling for bids, By motioti of the Council authorization was given for the Plans ahd ; Specifications for the remodeling of the library kacili- I j~i ties and the calling for bids. 1 I" ."I I Cwn, Coats was excused temporarily from the Council i Chambers by the Mayor. 1 E i II 1 OLD BUSINESS t I a /I i 1, Bond issue. 1 a. Letter of Employment for Water Revenue t Bonds, The City Attorney advised the Council a letter 6 1 dated May 27, 1959 from Q'Melveny & Myers setting 1 forth their fee for services rendered in connection wit the Water Revenue Bond had not been approved, Ey Grober motion of the Council the employment of O'Melveny & f Sonneman . Myers was approved in accordance with the terms set i Ledgerwood ' forth in their letter dated May 21, 1959, for handling 1 McPherson the water revenue bond issue, 1 lx .i t i Coats (Abse 1 X :x X X I b, Second reading of Ordinance No, 1065, I i- Ill1 Ordinance No, 1065, AN OitDINANCE OF THE CITY FG,c$~%%kGLFOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON THE 28th DAY OF JULY, 1959, FOR THE PURPOSE OF SUBMITTING TO THE 1 QUALIFIED VOTERS OF SAID CITY THREE PRU- POSITIQNS TO INCUR BONDED INDEBTEDNESS PROVEMENTS was adopted. Cwn. Coats returned to the Council Chambers. 2, Second reading of Ordinance No. 9097. L. 'ALIFORNIA, ORDERING, CALL- 1 BY SAID CITY FOR CERTAIN MUNICIPAL IM- i 1 i 1 ! i j 1 t I i 1 t Grober Ledgerwood McPherson Coats (Abse ) Someman I' Ordinance No, 9097, AN ORDINANCE OF THE CITY Grober 'FLiGING &!R$AIN DESfGNATED PROPERTY IN I Ledgerwood THE CITY OF CARLSBAD FROM ZONE R-1 TO McPherson ZONE R- 3, was adopted. 1 coats A-RLSB MEWING ORDINANCE NO. 9060 I Sonneman 0 i CITY ATTORNEY'S REPORT Mosquito Control in Buena Vista Lagoon. This matter is st'lu under considerable discussion by the City of Oceanside, and the City Attorney stated it was her feeling that the City of Oceanside would not be in favor of the proposed plan due to the cost of the operation of the pump, as they estimated it would cost approx- imately $15.00 per day, Cmm. Grober stated he had investigated this matter as to the cost of the pump and the cost of operation of the pump and this figure is not correct, The City Attorney further stated that Dr. Askew would send another letter to the City of Ocean- side before their next Council meeting on this matter. i I i ! 1 j 1 ? ! i f I i i Senate Bill 1004, Senate Bill 1004 regarding offsite i fmprovements for subdividers had cleared the Senate \ Committee and was ready to go to the Senate, Sewer Plant and Annexation proceedin S. The Council i was advis~"s€iGhaaeTiFGd before t a FOceanside 1 Council at their last meeting and had met with the Sewer Committee of Oceanside today. The City of i Oceanside is no longer interested in the disputed 11. ; acre site, as they feel the site which they have recently purchased is much preferrable, However, .I I i 2 P '. I I t 1 i I I ! i i 5 I I i t 1 I 4 i Camino Real to the east line of the Marron property, City Attorney, City Manager and City Engineer were mission and inform them of her findings, 1 Ordinance to prohibit the dumping of septic tank waste into the sewer system. The City Engineer has I requested an ordinance prepared to prevent the dump- 5 ing of septic tank waste into the sewer system. The f City Attorney was instructed by the Council to pre- i pare a draft of an ordinance to prevent such dumping, t i Grober Sonneman I Ledgerwood J McPherson Coats 1 f I 1 CITY MANAGER'S REPORT: I i Ill1 i i ? i i f Sewer on hdams Street. The City Manager advised %he Council there was only one other party (Broams) I I who wished to participate at this time for the extension] of the sewer on Adams Street. Therefore, the 3obert are going ahead with tk plan to connect to.the Bass- d wood sewer line, I 16 Count Road. A letter had been received from the oar o upervisors stating that they would approve 1 the northerly route for a road to the airport, providin f the City would participate by paying for the $53,000 cost of construction and provide the necessary righ of r way. The City Attorney informed the Council the E Chamber of Commerce in Oceanside is sending i representatives to the Board of Supervisors request- I 1 ing that this northerly route be constmcted and that I Carlsbad not be required to pay for the cost of con- E struction. ! i ! ! t I i i i I I 1 I I I i i I f 1 i Woman's Club ropert The VC, oman's Club have requested the &d&e'an offer for their prop rty I in Holiday Park, and the City Manager recommended 1 that an impartial appraisal be made of the property. Grober After considerable discussion by the Council, it was Sonneman agreed that the Woman's Club be offered $4,000 for Ledgerwood this property, which would include all easements McPherson granted to the Woman's Club by the City. 1 coats i I f Cmn, Grober requested that a letter of appreciation b Grober . sent to Paul S. Swirsky for his services as Planning Sonneman 1 \x Commissioner. The Council agreed that a letter of Ledgerwood ~ } 1 XI appreciation be sent to Mr. Swirsky. McPherson tx ,x Coats j pj t I !xi 'x[ 1 1 I The Director of Finance requested that $5,000 be f transferred from the Contingency Fund - $4,200.00 for the Engineering Department and $800.00 for 1 Administration. By motion d the Council it was i 1 I i t ..ic 8 ~. 0