HomeMy WebLinkAbout1959-11-03; City Council; Minutes* i CITY OF CARLSBAD &. "J r\. : I .' I
CITY COUNCIL : Minutes of: i Date of Meeting: Noveniber 3, 1959 I Name ''~~,~'4&, '8, , 'd ?&, I :Time of Meeting: 7:03 P.M, '4%'. ', '%%8, I I Place of Meeting: Council Chambers : Member $'~,$-p.d! 1 ,""""""""""""""""""-"""""""""""""""""""~"""~""""""""~""
i ROLL CALL was answered by Councilmen Grober, Sonneman, t l;l;g* :Ledgerwood, McPherson and La Roche. Also present were t ::::;; i City Manager Palkowski and City Attorney Hayes.
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, i INVOCATION was .offed by Councilman Grober.
I 1 ;;I:&' i APPROVAL OF MINUTES:
I 1: I,I 1 a, The minutes of October 20, 1959, were approved as IGrober : :xi$ : i I presented. ; Sonneman i X: I X: : :
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9 I r 1 I i I : 1. Letter dated October 22, 1959, from the Knights of i i Columbus, San Luis Rey De Francia Council No. 3162, urging :
:that a citic committee be appointed to discourage the sale \ i and use of indecent and suggestive literature, as well as I
!discouragement of immoral motion pictures. The City I i Attorney advised the Council that in her opinion it was i
:beyond the scope and jurisdiction of the local government ; i to take any action in this matter, and that it was a matter! : for the State Legistlature, By cmon consent of the I I
!Council the City Manager was instructed to acknowledge the I
:letter and inform the lodge that the Council appreciates ; i their intetest but that the Council feels this matter is i
:beyond the scope and jurisdiction of the Council to take ;
{any action, and at such time 8s the matter is brought
:before the State Legistlature the City will urge the i Legistlature to consider the matter thoroughly. The City I
:Attorney was also instructed.to keep the Council informed ;
:when this matter came before the tegistlature.
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I I i 2, Notice of Hearing was read wherein the Public Utili- i : ties Commission will' hold a hearing on December 2, 1959, ; i at 1O:OO A.M., in the City Hall Annex in connection with i
jthe closing of the Atchison, Topeka and Santa Fe Railway :
;depot in Carlsbad. The City Attorney stated she felt the : i City should have a representative at this meeting to either:
:discourage or incourage the closing of this depot. 0y *
jmotion of the Council it was agreed that the Council shouldiGrober
I register their objection to the closing of the depot, and isonneman i that the City Attorney appear at the hearing on behalf of : Ledgerwood
:the City, The City Manager was instructed to contact the (:NcPherson i service clubs in Carlsbad and urge them to protest: the ILa Roche
:closing of the depa. 4 I
; 3, Letter dated October 29, 1959, from John H, Grant, i
!appealing the decision of the Council made at: the meeting i
' :of October 20, 1959, regarding the removal of seven trees ;
ion property owned by him, on which he proposes to build a i
jshopping center. At, the meeting of October 20, 1959, the ;
:Council, upon the recommendation of the Parks and Recrea- i
:tion Canmission, granted the removal of two trees. Mr. I
!Grant agreed to remove e11 the trees at his expense and i
:plant new trees recmended by the City and fn the places : :suggested, After considerable discussion by the Council :Grober
:it wa8 agreed that Mr, Grant be allowed to remove the i sonneman
iseven trees requested at his expense, and that the trees !Ledgerwood :be replaced with suitable trees recanmended by the Parks :McPherson i and Recreat ion Commission, !La Roche
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; : ;x! : ; ; :x$: i ; i ; :xi : i ; J !x: i i :x; :x: ; ; 0: I 1 I I ; 4, Letter dated October 27, 1959, from the Carlsbad
:Municipal Water District advising the City they would be i
!vacating the offices located at 601 Elm Avenue on October i
:31, 1959. By common consent of the Couy.ctl the letter I :was ordered f iled.
i 5. Letter dated October 28, 1959, from Arthur W, Spivey, i
:Chairman of the Library Commission, urging all possible ;
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;speed in the completion of the changes in the Water Com- i I::;!:
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I:: lpany building for library use, The City Engineer advised : ' 1::::: i the Council the plans and specifications were almost com- IGrober ; :x:xi i ; ipleted and they would soon be ready to advertise for bids, :Sonneman :xi :xi : :
!By motion of the Council the City Engineer was instructed !Ledgerwood 1 31 ; :X: ; ; i to advertise for bids for the enlargement of the library :McPherson : : :X i ! :
;facilities. :La Roche : 11 ; !X : : ;
i 6, The following requests for sewer connections were iGrober
japproved: : S onneman : :x:xi : :
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l a. Ethel J. Helborn fMcPherson :X i :Xi : i
1 b* G. P. Cheadle $a Roche i i !X I i :
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:burning of the tules in the Buena Vista Lagoon. They I 4::ll :: I ::::::
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i 7, Letter from Dr, Askew, San Diego County Health
!Department, addressed to the City Engineer regarding the i &((I
!advised the Council they would not participate in this
:burning and suggested that the local Fire Department burn ; 1:;:;:
ithem. As Mr, Fennel is the Owner of the property involved, i :ll*l*
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:it was suggested that Mr. Fennel be contacted. Cinn. Grober: *I ::I;:: 11
:informed the Council there would be 8 meeting of the Buena i ;:::I:
:Vista Lagoon Association in the near future, and he would i :!:;#I
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;bring this matter up for discussion. I I ::::;:
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I 1 ::;I1 PUBLIC HEARINGS: L I :I:':: :;I:::
I I :;+: i a. *ea1 for reclassification of certain properties i
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:from R-1-15 to R-1-10 - Anderson and Sexton, I :I1 I*
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I 1::::: aesolution #134 of the Planning Commission was read wherein : j::;::
Ithey recornended denying the request for reclassification i :;::I:
!of certain designated property in the City of Carlsbad I I :::::: :from Zone R-1, 15,000 sq. feet, to R-1,10,000 sq. feet, f I 1:;:::
I * I :;':;: 'I ii::;! ketter dated October 23, 1959, from Donald A. Briggs, stat- f 1l;;l;
ling that he would like a similar zoning on some sixty- I I !:vi; :five acres that he owns between Sunnyhill and Park Drive, i 4+: It
!qhich is contiguous to the property being considered for : ;1*:1;
veclassif ication. I i;;:::
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!It was pointed out to the Council the minimum required I I I:: ::;
:frontage for a 15,000 sq. ft. lot and a 10,000 sq. ft. lot : :is 75 feet,
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better dated October 23, 1959, signed by 17 property owners i '111 !!:::: >TI the area was presented, in which they protested the I I ::I:::
propasr.d change in zoning, as they felt it would cause a i .:::;I, 1:
v.epreciation of property values in that area* I :::::; I l:;l;* I !#I:*!
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:ORAL COMMUNICATIONS: I I ;:@sl:
!There were no oral communications, I
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?he Mayor asked for discussion from the audience, I
F. ALTON ANNABLE, 4220 Sunnyhill Drive, stated that he I I
purchased his property due to the large lot size; if the 1
{ouncif approves this reduction there will. be other property:
pwners who will want further reductions, If this reclassi- i
Fication is allowed it will devaluate their property, I I
OhR. GEORGE W. MERKLE, M. D., 4225 Sunnyhill Dr,, felt this 1
brea should be kept at a 15,000 sq. Et. minimum; the people ;
6f Carlsbad paid a great deal of momy for a Planning I I Consultant, and he thought it was certainly against good : ilanning to change the zoning at this tineo I
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I I I I 0 :DON BRIGGS, JR. stated that he represented his father, I I Donald Briggs, and that if they would look at the zoning I
!map, part of their property has a 7500 sq. ft. require- 4 I
lment and part has a 15,000 sq. ft. requirement. Even if :
:the Owners of the property in question are held to a I i 15,000 ft, requirement they can still have a 75 ft.
:frontage; the only ones who could possibly be hurt are the i
!lots that actually adjoin this property.
:MR. ANDERSON, one of the owners of the property in question;
:informed the Council they only own 10 acres free and clear,: : and that is the reason they are only requesting this por- i ition reclassified at this time. However, they do have an : i option on some of the adjoining property, This will be i i strictly a lot-sale, as they are not builders. If they :
;are required to keep these lots at 15,000 square feet,
Ithe cost of improvement will be prohibitive.
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:PAT ZAHLER, one of the members of the Planning Commission, i
iadvised the Council one of the reasons the Planning
!Commission recommended the denial of this reclassification ;
:was due to the fact that Sunnyhill is the only access^ i street, and there are no provisions for sewers in this ; area.
:MR. JOHN SALSBERRY, 4240 Sunnyhill Drive, stated he hoped i
!the Council would take into consideration the load this :
:would put on Sunnyhill Drive, as far as traffic,
:MRS, JULIA LA ROCHE, 1152 Chestnut Avenue, asked what the I i front footage requirement was and if there were any build- I : ing restrictions, Mrs. La Roche was informed the minimum :
:front footage was 75 feet for either a 15,000 sq. ft, lot :
:or a 10,000 sq. ft. lot I I
i MR. ANDERSON advised the Council and Mrs. La Roche there i
:would be deed restrictions put on this property when it is : i subdivided. 1 I
1 MR. JARVIE, one of the Planning Commissioners, stated the i : people in this area want to protect their investment,
i DONALD BRIGGS, JR. informed the Council originally this : i area was zoned for acre lots, and subsequently rezoned I I : to 1/2 acre lots, prior to the incorporation of the City. I
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I I I I .., : Cwn. Sonneman stated she felt all the area down to the ! lagoon would eventually have to be rezoned, as the closer i : the property is to the lagoon the smaller the lots would i i have to be.
i Cmn. McPherson stated he felt the property owners should : : be given consideration. The Planning Commission has given i i their recommendation and the Council should abide by ito :
i NRS, t3ARRIERO informed the Council that she owned one of ! I the largest lots in the area, however, she is in favor I I : of cutting the size of the lots and does not feel it would ; : be disadvantageous to any of the property owners. Some I i of the finest homes in the County are at Point Loma and : i they have postage stamp frontages. I I
jNR. ALTON ANNABLE stated they know what type of homes are i
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I I a: i in the area now, and how can they be assured of certain i i restrictions? I I I I : MR, ANDERSON advised the Council an Architectual Com-
imittee would be appointed to approve ail plans for this i i property, and they would be happy to have one of the pro- i
:testants sit on this conanittees
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8.. l e t After discussion by the members of the Council it was brober 1. : ;xb: ; : #;I
unanimously agreed that the matter be deferred back to :Sonneman :x: x; i i the Planning Commission for further consideration due to :Ledgerwood : i p i ; ; i the fact that a 15,000 sq. ft. lot and a 10,000 sq. ft. NcPherson ; ; :X; ; ; ; lothave the same minimum frontage, i.e,, 75 feet. :La Roche : ; :xi i :
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i A short recess was declared at 8:35 PA" The meeting I reconvened at 8:52 P.M.
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I ; FINANCE:
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I I I I I i a. Audit Report. The Director of Finance informed the i : Council that the audit report is a combination of the Zrober i Water Department and the General Expenses of the City, : S onneman
i As far as the Water Department audit the bond holders : Ledgerwood i are satisfied with the report, By motion of the Council iMcPherson
f the audit report was accepted. :La Roche
; b, Transfer of funds. The Director of Finance stated : i there were two items that had been approved by the Council: ; additional funds for the drainage ditch in the amount of i i $13,590,88 and the election costs in the amount of $6550.06 i .for which he would like authorization from them to : : have these funds transferred from the Contingency Fund, i Grober : By motion of the Council authorization was given for the :Sonneman i transfer of $13,590.88 from the Contingency Fund to i Ledgerwood i Capitol Improvement, and the transfer of $6,550.00 from :McPherson ! the Contingency Fund for payment: of the election eosts. !La Roche
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I I 1 I ; CITY MANAGER'S REPORT:
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I I ar Chestnut Avenue street width. A petition had been : i received from 56% of the property owners who protested i : the 66' street width agreed upon by the Council at the :Grober i last regular meeting. After discussion among the Council i Sonneman ; members it was agreed that the Council adhere to the ; Ledgemood i request of the property owners and that 60 feet be i McPierson I established as the street width. : La Roche
i Cmn, La Roche suggested that a roll curb be investigated i : for Chestnut Avenue. The terrane of the street would I I i allow the water to run off, and he did not feel it was i : necessary to Rave the type 'sG*a curb installed, The Mayor : : informed Cmn. La Roche that the Council has adopted the i : type ppGQ' curb for all streets, Cmn. La Roche stated he : i felt this matter should be given further consideration. i
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& I b. Security deposits for Subdividers. The Engineering i
; Department and the Finance Department have requested 1 t i that some policy be established for the disbursement of i, : funds deposited by the subdividers. la the past the City ; i on many occasions have had to act as bookkeepers for the I : Subdividers. The City Attorney advised the Council there ; i had been some changes in the law and she was working on I : a new improvement agreement with the subdividers. By I I i comon consent of the Council the City Attorney and the / : Director of Finance were instructed to work out a new 4 I i policy for the disbursement of these funds. I I I I I I 1
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184
:!I:!: I I I ca Applications for position of City Manager. The City i :;:I:;
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i Manager inquired what disposition the Council wished to : ;b:;l; : make of the applications received for the positior, of i ' City Managero Cmn. La Roche suggested the Council arrive;
at some method of appraisal of the applications, such as i ;;I:*1 an examination, and inquire of other cities as to their :
I method. It was pointed out that an advertisement had i ;:;::: : been placed in the Western Cities &.gazine for the : Grober : !d(; 4 ': i position of City Manager, and this magazine would probabli Sonneman I 4 i x i i i be in circulation by November 15, 1959, It was agreed : Ledgerwood i : : 4 ; : : that December 1, 1959, be set as the deadline for receiv- i McPherson ; i I X i i
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I ing applications,
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I : I I :The City Attorney was instructed to inquire of other t I :::;I;
:cities as to their method of appraising app1ications.
I I,!@!; 0; I CITY ATTORNEY 1 S REPORT:
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iPalomar Airport road, The easements had been received i from the County and they had been disbursed to the desig- i
:nated parties for signatures.
iKrepps condemnation suit. An order for immediate possession! I of the Krepps property has been issued by the Court, and a : :$SOO.OO deposit was made to the Court.
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!Easements for Skyline-Clearview area. The documents are in i i the process of being served on the various property owners.:
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!Harbor District. There have been many changes in the
:legistlature this last session regarding harbor districts I
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i and harbors. At the time a harbor district was first
idiscussed for Carlsbad she did not feel it was feasible i i if just the boundaries of the City were to be included, i I
:however, since they are contemplating a larger district I
ishe felt the larger district would have merit. I I
:Annexation proceedings, Several weeks ago the Council I I
:authorized her to proceed with the annexation proceedings : i to see if this matter could be settled with Oceanside, The!
:boundaries were agreed upon. She prepared a stipulation i i for the City Attorney of Oceanside to agree upon; however, :
:the stipulation has never been signed by the City Attorney i
:of Oceanside. Following this she requested a legal des- :
jcription of the property to be deleted from our annexation !
;proceedings, but she has never been successful in obtaining!
!this legal. She asked the Council if they wished to bring ;
:this matter to Court and have the Court decide the matter, i
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!By motion of the Council the City Attorney was instructed iGrober :to give the City of Oceanside notice, and if an agreement :Sonneman : :XjX: 'I ; I ; cannot: be reached then have the matter heard by the Court. ;Ledgerwood j : :Xi I : ':
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I 1 I I :Hearing on Vista Freeway. The City Attorney and Mr.
iJenken, City Engineer, attended the hearing held in Ocean- i : side, The plans do not provide an access side road between!
:Jefferson and EL Camino Real. Also discussion was given :
:to the Buena Vista drainage area. Many of the property i
!owners objected to the present plans, however, there will ; : be ! .::.other hearings .
:Financing of sewer system, The City Attorney reported
isat she had been investigating the possibility of state I for Federal aid, She has written Congressman Utt and i Senator Engle for information regarding Public Law 660
:to see if the City of Carlsbad could qualify for aid under i
jthis law. With the consent of the Council the City Attor- ;
:ney was instructed to further investigate the possibility i
!of State or Federal aid. I I
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I i PAYMENT OF BSLLS AND RATIFICATION OF PAYROLL:
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iAuthorization was given for the payment of bills for the IGrober
:general expenses of the City in the amount of $14,060.93 isonneman
!and the Water Department: in the amount of $2,693.76, from :Ledgerwood
:October 20, 1959, to November 3, 1959, as certified by the iMcPhcrson
!Director of Finance and approved by the Auditing Committeea :La Roche e
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Ratification of therpayroll was given for the second half
of October, 1959, in the amount of $12,492.37, as certi-
fied by the Director of Finance and approved by the i Auditing Committee.
I I I t I I * I By proper morion the meeting was adjourned at 1O:lO P.M.
I I I I I :Respectfully submitted,
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&2Lv7/u 4 :MARGAR E. ADAMS :Deputy City Clerk
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