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HomeMy WebLinkAbout1959-07-07; City Council; Minutes. 0 L INVOCATION was offered by Councilman Grober. I ".L OF MINUTES: I I 1. I%utes of regular meeting of June 16, i959 were approved as submitted. 1 CGRRESPONDENCE: 1. Letter dated June 22, I959 from Henry A. Meier, Chairman, Water Safety Committee, regarding the clarification of the Agua Hedionda Lagoon use for swimming, The City Manager informed the Council the ordinance does permit swimming in designated area .A. meeting has been scheduled with the State to negotiate t for an access road down to a designated area that can be used by swimmers only, and as soon as negotiations t have been made he would report back to the Council. 1 I I E ?. Grober Sonneman Ledgerwood McPherson Coats X I I 1 I I Cmn. McPherson was present at 7:12 P. M. I I I The City Manager was instruc.ted to answer this letter and inform the Committee of the negotiations pending. 1 I X' 1 I I X X I Il II 2. Letter dated June 15 , 1959, in the form of a petition, signed by seven property owners, .requesting that speed limit signs be posted from the corner of 1 Tamarack Ave. to the corner of Chinquapin as a safety precaution for the children. The City Manager informe the Council that since receiving this letter signs have been painted on the pavement setting forth the speed limit, 3. Letter dated June 19, i959 from San Diego County i Traffic Safety Council, requesting financial assistance from the City of Carlsbad, in order that they can step :up their campaign to broaden the scope and extent of the3r services for improved safety measures. Ey .x motion of the Council, it was agreed that $50.00 be xx contributed by the City of Carlsbad for the year 1959- 60, and that the funds be transferred from the contingcn cy fund. '4. Letter dated June 18, 1959, from W. E. Starke, Attorney for Stone and Youngber g Bonding Company, setting forth certain methods by which the 191 1 Act proceedings, could be shortened. By proper motion the letter was referred to the City Attorney for her recommendation. t 5. Letter dated June 19, 1959 from the Carlsbad Chamber of Commerce requesting that the City take appropriate action to provide an area for sailing and swimming in the Agua Hedionda Lagoon. The City Manager advised the Council he had conversed with Mr. Meirs , a member of the Sailing Club, and they have agreed to move to Oceanside due to the fact that the area leased by the City is too small for motor boats, swimmers and sail boats. It was agreed that the matter be referred to the Harbor Commission for their recom- mendation, a I 6. Letter dated June 29. 1959 from Carlsbad By The Sea requesting that a permit be granted to fence the area from the end of the garages on Grand Avenue -, ! I Grober Someman Ledgerwood McPherson Coats i I 1 ~ 1 t x :x X X X X I /I !! I 0 7. A-nnouncement of the League of California Cities 61st A.nnua1 Conference to be held in San Francis co from October 18th to 2 ].st, 1959. The City Manager informed the Council members he had received forms for hotel reservations for any of the members that wished to attend. Also he pointed out that in the past it has been the policy to allow the department heads to attend this conference. The Council felt the City Manager should be allowed to attend this conference, however, the City Manager stated he would prefer to attend the City Manager's Conference in St. Louis this year. It was agreed by the Council that if the City Manager did not wish to attend that the other departme heads should not be authorized to attend. - MR. LES CLAYTON, Engineer from Boyle Engineerin Co., advised the Council his main purpose in attending this meeting was to get acquainted with the members of the Council, and to let them know he had enjoyed . . working for the City in preparing the report on the bond issue. Also he wished to thank the members of - PUBLIC WEBRINGS: 7: 30 P. M. 1911 Act Proceedings - Spre5.ding Assessment for Assess. Dist. No. 4-1958 - Grand-Magnoliaand Adams. i Sewers. The Mayor announced that the hour of 7: 30 o'clock had arrived, and this was the time and place fixed for the hearing of protests, objections or appeals in respect of the assessment proceedings, and work under and pursuant to Resolution of Intention, Resolution No. 422 and amended by Resolution No. 447, and the Improveme t Grober Act of 1911. The Clerk presented the affidavits of pub- , Sonneman lication, mailing and posting notice of hearing ,c on assess I Ledgerwood ment. By motion of the Council the affidavits were McPherson approved and ordered filed. j coats The Clerk presented an appeal signed by Clarence C, i Bryan and Betty Bryan, requesting they be exempt from i I I e I 1 t 'X X I I/ X x1 XI XI X I .I 0 .. 1 being assessed due to the following re2,sbn.s: (1) ,the elevation of the sewer line on Adams St; is not suf- ficient to be used by the dweiling on their property, (2) they have a recently installed sewage disposal system with an evaluation of approxim.ately $2,000.00, (3) the properties on the west side of .!?,.dads St; in the vicinity of the sewer line installed is welf below the grade elevation of the street, making the natural flow I of everything to the West, (4) there was no cansultation or notice given by the Engineering Depi- of their intent to construct a sanitary sewer to be used by theiy proper and (5) the system now in use on their property 1s ade- quate and efficient and has a good twenty year life. Mr. Bryan was present and stated he would supply a survey by a licensed engineer to show that it was not feasible for him to connect to the sewer line running in front of his house due to the gravity flow. I. The City Engineer pointed out that the City is not obliged to furnish the gravity flow; many times a pump ~: IP is necessary when property such as Mr. Bryan's is situated lower than the sewer line. 1 i I I Mr. Bryan informed the Council he would like'to be exempt from the cost of the sewer line running in front . of his property where his house is located, and he would be willing to pay for the cost of the fine in front of the unimproved property, In order for him to connect to this sewer line the plumbing would have to be changed in his house. T. Bruce Smith, attorney for the project, advised the Council that due notice had been given to Mr. Bryan, the same as all of the other property owners in the are2, and Mr. Bryan and his wife had been one of the signers on the original petition wherein the property owners requested this sewer project. It was also pointed out to Mr. Bryan he would not be forced to connect to this sewer until such time as his sewer system could not take care of his sewer problem. ,There were no other written or oral protests. After all persons had been heard and there were no other persons present indicating a desire to hear or be heard, the following resolution was presented to the Council for their approval: Res. #566. A RESCLUTION OF THE CITY COUNCIL -CITY OF CARLSBAD OVERRULING ALL Grober x PROTESTS ON THE ASSESSMENT, CONFIRMING Sonneman X THE ASSESSMENT AM) CONFIRMING THE REGU- . Ledgerwood X LARITY OF PRCCEEDINGS, was adopted by title only McPherson x x and further reading waived. Coats X X ENGINEERING: 1. Refund ,!+..greement - Carlsbad Gardens. The City Engineer advised the Council that in accordance with Qrdinance No. 7020-A, a refund agreement betweer: the Subdivider and the City had been prepared for the i 'Councilts approval. This line was installed by the Subdivider in a portion of Monroe Street between Bass- Grober :x wood Ave. and Chestnut Ave. By proper motion' of the Sonneman xx Council the agreement was approved and the Mayor was Ledgerwood . x authorized to execute this agreement on behalf of the McPherson City of Carlsbad. Coats a 1.; 1 :l 1 2. Refund Agreement - Sandabob. The City Enginee advised the Council that in accordance with Ordinance 1 I i -4- Name 1 Member of p 0 t I No, 7020-A, a refund agreement between the Subdivide and the City had been prepared for the Council's approv al. This line was installed by the Subdivider in Canon Road. By proper motion of the Council the agreement was approveda.: the Mayor was authorized to execute this agreement on behalf of the City of Carlsbad. 3. Contribution for Ztoosevelt Street. The City Manager advised the Council that at the time the cost of the improvement for Rooscvelt Street was discussed, the Council indicated their willingness to contribute $1.00 per front foot towards this project. If the Councii desires to make this contribution it would amount to $4,651.00, After discussion by the Council it was agrec that the City contribute $1.00 per front foot towards this project in the amount of $4,651.00, and that these funds be transferred from the contingency fund to the capital improvement fund. The City Manager further stated he would like to recommend that the City contribute the cost of planting and purchasing trees along Roosevelt Street; it is estimated that it will take 102 trees and that the cost would be approximately $300.00. By proper motion of the Council it was agreed that 102 trees be purchased fox Roosevelt Street, that the cost not exceed $300.00, and that the funds be transferred from the contingency fund. : Grober Sonneman Ledgerwood McPherson Coats 9, Grober Sonneman Ledgerwood McPherson Coats X X X j. I x.! ~ Grober Sonneman Ledgerwood McPherson Coats 1 4. Mosquito Control on Buena Vista Lagoon. The City Attorney advised the Council she had contacted the I City Manager of Oceanside and that the Council was to act on the matter tomorrow night. Cmn. Grober stated the Axdubon Society is getting behind this project. It is . their intention to make this a national monument; ap- proximately 100 residents on the Lagoon have contribute towards this project. After discussion by the Council it was the feeling of the members of the Council that -i the City of Carlsbad should contribute towards this project regardless of the action taken by the City of Oceanside. By proper motion of the Council the plan as submitted by the Audubon Society was approved for Grober the control of mosquitos in the Buena Vista Lagoon, that. .. Coats contingency fund. McPherson amount of $750.00, and that the funds be taken from the Ledgerwood the City of Carlsbad participate in this project in the Sonneman IPLANNING: I 1. Appointment to Planning Commission. The Mayor stated he would like to submit the name of Eugene Dyson to fill the vacancy on the Planning Commission, It was pointed out that a resignation had not been officially aceepted by the Council as yet. The Council requested this matter deferred until the next meeting. I I ~X 'X X X. X X X KX > 1 1 1 Curbs. Discussion was given as to the different types ms being used within the City, and it was the feeling of the Council that type "G'?" curbs should be used. By proper motion of the Council it was agreed that Ordinance No, 9050 be amended to provide that Coats X~ regular meeting. McPherson X .'9050 to provide for this change to present at the next be instructed to draft an amendment to Ordinance No. ' Ledgerwood X Sonneman only type "G.' curb be allowed, and that the City Attorne3, Grober €?FXS@&ng of lots. It was agreed that-the City ,Lot Gradin Discussion was given as to some standard Grober x Sonneman x .x Attorney be instructed to prepare a grading ordinance Ledgerwood X for the Council's approval to present at the next regular McPherson X meetint of the Council. Coats XI 0 I, v, 0 MONTHLY REPORTS: The monthly reports were circulated among the Council members and ordered filedi NEW BUSINESS Ordinance No. 3033 - re: Surf Boards. The Chief of Police was present and informed the Council that due to the number of citizens using surf boards that it had created a problem as to the safety of the swimmers, A check had been made by the City Attorney and he had checked with the State Beaches and Parks as to some control being made over these surf boards before an accident occurs. An ordinance has been drafted by the City Attorney for the Councilfs approval which would put a time limit on the surfers, and also at such time as an area can be designated for just surfers, this can &SO be accomplished by this ordinance. I everal of the surfers were present and protested as o a time limit. They stated they would be willing to I use the area north of the Tamarack life guard tower. After considerable discussion by the members of the Council the following ordinance was presented: i L ORDINANCE OF THE CITY TIN@ AMD LIMITING THE AND SIMILAR DEVICES IN MALTY FOR THE VIOLATION CARLSBAD BEACH, AND EREQF, was read in full and adopted, I The Chief of Police was instructed to work with the State Beaches and Parks in designating an area for the surfers as soon as possible, 2. Dumping of Sewer Waste - Ordinance No. 7023. t the previous meeting the City Engineer had requested hat an ordinance be adopted to prevent the dumping of aste into public sewer system The following ordinance as presented for the Councills approvak Grober Sonneman Ledgerwood McPherson Coats I j I I: I K I I I I/ X% 'X x X X 1 I I AN ORDINANCE REGULATING fC AND PRIVATE SEWERS AND TE SEWAGE DISPOSAL, AND THE ISCHA~GE UBLIC SEWER OF WATER SYSTEM, AND IN THE WASTES CITY INTO OF CABLSBA THE pm , Ledgerwoo \x.:: X X OUNTY OF SAM DIEGO, STATE OF CALIFORNU, McPherson as read in full and adopted. X e 'i 1. Bond issue. The City Attorney informed the ouncil that at the time Resolution No. 552 was adopted he resolution set forth the estimated cost of the re- abilitation of the streets was indicated as $500,000; owever, since that time it has been estimated that the ost would be $800,000, and that the bond issue be in I I I I 1 I 2r ,, the amount of $500,000; therefore, it is necessary to amend resolution No. 552. The following resolution was presented to the Council for their approval: Res, #565. RESOLUTIQN OF THE CITY COUNCIL Grober -CITY OF CARLSBAD, CALIFORNIA, AMZCN Sonneman IMG RESOLUTION NO. 552, was adopted by title only Ledgerwood and further reading waived. 1 Coats t McPherson CITY ATT0RNEY'S REPORT: Weed abatement program, In checking with other cities and with the League of California Cities thev seem to follow the Code i;; this matter, which is thelprocedure that has been used in the past by this City. If the Council' wishes to proceed with the weed abatement program they should instruct the City Engineer to pro- ceed under the weed abatement program previously used by the City. The City Engineer advised the Counci it is their intention not to give a blanket contract for this work, but that the work would be done according to area. It was agreed that the City Engineer proceed under the weed abatement program, 1. I" I W-ter Suit. The Council was advised that the Attorneys were prepared to start their final arguments on Monday June 13, 1959 in Judge Atilt's Court in San Diego. nnexation Proceedings, The City of Oceanside is in undary line between the two cities. However, does complete agreement that Vista Way should be the Council wish to patrol Vista Way? If not, then the oundary line. It was agreed that the southerly bound- southerly boundary line of Vista Way should be the ary line should be the boundary line between the two cities. Proposed Bee Ordinance. The City Attorney stated that it was not clear to her as to how far the Council wished to have these Bee Apiaries located from the property line. It was agreed that they should be located 150 feet from each side of the property line. CITY MANAGER'S REPOiET Assistant Building Inspector. Due to the increase of building within the City of Carlsbad, the Building Inspector has requested a part time assistant toassist him in handling the inspections. The -Building Inspector was present and advised the Council of the building per- mits for the first six months of this year, After dis- cussion by the Council it was agreed that a part time Building Inspector be employed to assist the Building Inspector. a Public meeting on Bond Issues. The Mayor, Mr, Crom Mr. Clayton, City Engineer and the City Manager met, and it was agreed that Mr. Crom would be the Chairman of the Public Meeting. They are going to arrange to have cards available at the meeting, and the questions asked by the public will be in writing in order to elirni- nate arguments from the floor, The Mayor stated he would like to have this meeting adjourned to Thursrf'l,y, July 9, 1959 at 7: 30 P. M., in order to have a joint meeting with the Public -Works Commission to consider some of the policies and intentions of the City as far as the proposed improvements under the bond issues. Fewer Extension. Grober Sonneman ~ Ledgerwood I ~ McPherson ~ Coats I I t I he City Engineer informed the Council that the propert r x .x X xx X \ X X II Grober Sonneman Ledgerwood McPherson Coats Grober Sonneman 1 Ledgerwood 1 Mcfherson i Coats ! I. X xx X X X F 1 1' i I! /I *" 8 h e e 16, 1959 to July 7, 1959, as certified by the lrector of Finance and approved by the Auditing y proper motion the meeting was adjourned at 10:50 . M., and adjourned to jury 9, 1959 at 7: 30 9, M. - .. . Respectfully submitted, "". , a