Loading...
HomeMy WebLinkAbout1960-01-05; City Council; MinutesI I' f I I '\\ '\'~,,'i,,,~.~ - - 8 s I CITY OF CARLSBAD I I * \8\\' CITY COUNCIL i Minutes of: : Date of Meeting: January 5, 1965 i Time of Meeting: '7:OO P* M. ; of o\+, . %\ I Flace of Meeting: Council Chambers ; Member $9@\~~B& '\L \o \9' +'Y ~""""""~""""~~"""""""""""""~""~""""~"""""~~"""""""-"--~---~--- I I :I;l; i ROLL CALL was answered by Councilmen Sonneman, i ., ::I:: #::I4 : Ledgerwood, McPherson and La Roche. Also present ! ;4l:l I were City Manager Slater and City Attorney Hayes, I I:::: I #*Id* I 1 #ltl; $ I :::#I i INVOCATION was offered by Mayor Ledgerwood, 8 l;l1@ I (11 1:: I I :;::; ! AFPBOVAL OF MINUTES: I I It;:: :I I lll:t I I ;::I, *I i a. The minutes of December 15, 1959 were approved i Sonneman :xi -{ x: ; J as presented. 1 Ledgerwood i i x: : I : McPherson: :x! x: i '\\ '\\ 8, '\,'\\''\ B I 1 N a me "',9\$5, 'i, I '\ c ?, "$& "8 '.'*, D- .. I I I I 1 I f I I 1 i La Roche ; i i$ 1 I I :;:;: 1- a i CORRESPONDENCE: I I 4 I I I I I I a. Letter dated December 28, 1959 from Orville C, i i Jeffers, 155 Chinquapin Avenue, stating, that in referenci i to Sewer District No, 5-1959, a great deal of hardship is i I being imposed on all property owners in this district, and: : multiple hardships on certain owners. He protested the i : cost of the project and due to the fact that-a pumping plant: i is necessary for the operation, asked for City participa- i I tion in the cost of the pumping plant, Also, another : matter that concerns principally two taxpayers is the i walkway being constructed at the West end of Chinquapin : f ave. He felt the walkway should be deleted from the plan& 1 Mr. Jeffers also requested clarification of the status of i : the most westerly lot on the south side of Chinquapin Ave,: i as he was informed this lot is not a part of Sewer District! : #2J and must pay its full share of the cost of the present ; I sew.er project, including the $50.00 inclusion fee, At : ; the present time he is paying his proportionate share of i I Sewer District Xr2. i The City Manager recommended that the protest as to 1 : the cost of the project be deferred until the hearing on ; i the Resolution of Intention is held on January 19, 1959. I : The City Engineer informed the Council it was necessary : I to dredge a trench through to Carlsbad Blvd. at the west i : end of Chinquapin Ave., in order to get the trenching I I i machine in this area, and they had intended leaving this i i walkway open, however, if they wish, this can be filled : ; in again. It was agreed by the Council this should be ; filled in. Mr. Jeffers was also informed that after a i thorough c.hecking the lot in question is in Sanitary Dis- I i trict #2. Mr. Jeffers was present and thanked the Councii i b. Letter dated December 28, 1959 from the Carlsbad! : Municipal W-ater District stating that due to numberous ; i inquiries from property owners within the District in- ; terested in having water made more directly available to i I their lands, largely from those persons owning land not I : included within Improvement District No. 2, and those : i lands lying southerly of Agua Hedionda or easterly of : El @amino aeal, the Board of Directors have concluded I i that the most practicle way of making water available in I : this area is the formation of an improvement district, to ; i be known as Improvement District No. 3. They extended i : an invitation to the City of Carlsbad to attend an informa- : : tive meeting to be held on Wednesday, January 6, 1960, i : at 7:OO PC M. in the Council Chambers. After discussion : i by the Council. it was agreed that the City Manager, City : i Engineer and City Attorney attend this meeting. The City! i Attorney stated she would like to have the feeling of the : : Council in this matter. It was the feeling of the members: i of the Council they opposed the Carlsbad Municipal Water I : District retailing water to subdivisions. I I 1 $ I I I I I I I $ I I 1 * I t I I 8 I I I :::;; ::::: ;:::I ::;I: :;:I; I:::: ;::I' ::;:I 1; ;;lll l;$: :a ::*I ::::' ::I; ;:It :I:: ::;I f;;: !;I: ;::: '::: yI ;:i: ,I$ ;:,I ;::I :::: ; : ': : $11 ;: t1 ::I: ::ii :::; :;;I 1':: ;:I: ;I:: 11 1'6 ;;'I 1;:; i':ii ;I:: :::I **I: ;:I: 1:;1 ;811 1;;: I::: ;;:: ;;I: :* ::i: I::! ::I: f;;l :::I ::;i :::; ::;; ::;: ::;: i::: 1;;: ::I: i:ii ::I; .. IOI' 11 81 'I 1;:: :i 81 (11 l!!l 1 I I C. Letter dated December 29, 1959, from Kamptner : ! and Holly, Inc., Surveyors, stating they were acting as i i agent for Mr. Archie Koyl, who wished to appeal the 'I I I :"' 1:; ::;: I::; l:*l l.!l 1 I -I I I I ::;: i; 1': I 1 1 1::: I !;ii I 1. I I I I I I 1 ! -2- I -, . *"" ,-L. I . '.\ .\x. I I t 1 * 1 i N a me 8, k,*r8*;'<$ 9 ,..- I i Of 8?&@,9\,& '\$$&, '8, \, 8% ~"""""~""""~"""""""~"~"~""~"~"""""------"--"----i---""----"----------~--~ ; Member $@,+x~\\c t 1 ;::I: I i decision of the Planning Commission in which they denied ::!i; : his request for reclassification o€ property located at the! ::/I i southwesterly corner of Magnolia Street and Etoosevelt ; ::;i: ::;I: : Street, from R-1 to &-3. The Council was advised that : Sonneman : x/ ;Xi i i a hearing would have to be set on the matter. By motion I Le@emood ; :X: ; ! of the Council the hearing was set for January 19, 1960, : Mcfherson: :xixi ! i at 7: 30 P, M. in the Council Chambers. I i LaRoche i i I.!I :x: ; B- I I i d. Letter dated December 15, 1959 from the Woman's! : Club of Carlsbad, in which they opposed any and all I I billboard signs along the freeway inside the City limits i : of Carlsbad. By common consent of the Council the fette4 i was referred to the Plaming Commission for their con- t : sideration in regards to an amendment to the sign ordi- i I nance, I e. Letter dated December 15, 1959 from the Division ; i of Highways, stating they had carefully considered Mr. : i Jenken's request to reduce the planned widths for Chestnui : Avenue between Pi0 Pic0 Drive and Monroe Street from i i 66 feet to 60 feet €or right of way, and from 48 feet to 40 : : feet for curb to curb construction, Gas Tax Project No, 6; i They will approve the redution in right of way width to : : 60 feet, but did not believe there was any justification for i i reducing the curb to curb width to 40 feet in this particulak. ! case; therefore, they are withholding approval for the Citi 1 to spend gas tax funds to improve Chestnut Avenue to a i : 40 foot curb to curb width. The City Engineer informed : i the Council that if the State reguired a 48 foot width they i : could still have a 5 foot sidewalk. A sample of the soil : i had been sent to Mr, Datel's office, and they may require! : a 6" AC pavement. If they do the City may as well forget : i about the project as it would be too costly. The letter i : was ordered filed. I I I f, Request for sewer connection. A request for : connection to the sewer system by Albert Stein was pre- i i sented, for a laundry {consisting of 24 washing machines) : : and dry cleaning establishment, The City Manager recon$- : mended this be referred to the City Engineer for his ; report at the next regular meeting. I I I I I I I I I I I I I I 1 t I I I I I : ORAL COMMUNICATIONS: I I I I I I : MR. TONY TELEBAR, was present and stated he had I i presented an application for a business license for : detective service in the City this afternoon. As this was I i not presented under correspondence he was concerned as I : to whether the matter would be discussed this evening, b I He further stated he had been operating this business fro4 : his home for the past two years. The City Manager in- ; i formed the Council he had received the request, but he : i was going to write the gentleman a letter and request him! ; to give more detailed information before presenting the i : matter to the CounciL I I I I a ::I:; !:ti' l;l:i al:ll :;I:! ll;6; ::;:I ::I:( ;::I' ::::I 1; I#*;; ::I,: ::I ]:'I '1:: ;a I :;:: ii;: 8:'l :::: :;e1 :;:: i:ii it:: :::: :::: ;: 1:: :::: :::; :::; I::: ;::: I/: 1:' 11;: I;:: 'I I bI #I )Ill lYl, l!!I liii :::: ,:;I :::: I;:: :4:: :::: :I:: 'I:; I:;: :I ;: /I: la:: :::: :::I :::: ::;I :;;I I::! ;I:; :i:: i::i :::; (11 I:# l!!l I I I i MR. PAUL SWIRSKY was present and stated he would i i like to make a request in reference to the matter of i secondary water rights listed later on the agenda. He ! : asked that this matter be deferred until the next meeting i I in order that the matter could be discussed with the City : : Attorney and City Engineer prior to any action being i taken by the Council. The City Attorney informed the i : Council she felt her report should be given to the Council i : as requested, as the other side knew what her report con-: i sisted of. By consent of the Council it was agreed that i i the City Attorney present her report on the secondary : : water rights. I I $ I I I 1 I I ! I I I I 1 8 I I I 1 I I I I I !' : (. , ' .. ., 7) >. I I I 4 t I I I t I I :i:: :::I :if: ::I: I;:: :I:: ;::: ;::; ::I: ;::; i::: :::: :;:I 1::: :;p i::: :::: :; 8:: ::;: 1: :;ii ;'ti: i;:: ((1 1:'l b: I* 8, I I '\ ',,.\, ', 3\ -8, I I 1 I \ Name '\ \% \.$, 8+& 3 I -3- '&&, \\\ $+,, I i : Member of '?>L\O,g\,$+ %'@s+.p\,4 ~"~""""""""""~""""""""""""""~"~""~"~""-""~~~"~""-"--"------"----- 'I 6 I :I:': 1:;:: ! PLANNING: I I I *l,!l B I t I I I I f Cmn. La Roche stated he felt some planning should be : i worked out for industry aod manufacturing; the Council i i should direct their thinking to light industry and manu- : i facturing so designed that it would lure industry and manu; : facturing into this area. This matter should have some i i steam, money and brains behind it, Mayor Ledgerwood ; : advised Cmn. La Roche this subject had been discussed i i Xna.ny times and the Chamber of Commerce had put cm a ; ! drive for it; however, it seemed the people of Carlsbad i i did not want industry. Cmn, La Roche pointed out the : i unemployment situation in the County and emphasized the \ ; need of industry and manufacturing in the area. It was : I agreed this matter would be discussed later in the evening; i a, Tentative Map of Lebar Estates Urdt fl. The i tentative map was presented for the Council's review. I Res. P140 of the Flaming Commission recommending i ; the approval of the tentative map of Lebar Estates, Unit : i No. 1, subject to certain conditions being performed, was! : read. After discussion by the Council, the Council agreed i with the recommendations of the Planning Commission. i I The following resolution was presented for the Council's ; i review: I I I I t I I I I I . I .c ::I ;:; 1 ::I:; ::::: :illl l:'sl ;1:;1 ;?:I ti:;: :::I: *la:: :':i:; 1":: ::::I ::;:: :;:;: "I:: :II :::*, #::I1 ::::: ::pi 61 ::I:: :;'I: @I8;; i:::; ;!:#I :;I*; I:( 11;;; i;::; :lit1 '11 I :::;: :; ,,:I, &(*I ll,!l I I i Res, $622, A RESOLUTION OF THE CITY COUNCIL i f -CITY OF CARLSBAD APPROVING TBE : Someman b I :xi :' i TENTATIVE MAP OF LEBAR ESTATES UNIT NO. 1 i Ledgerwood: i :x: : SUBDIVISION was adopted by title only, and further read-; McPherson i !x ;xi i ing waived. i La Roche : : !xi i b, Appointment to Planning Commission. The Mayor i :::; : stated he would like to appoint Mr, Garth X. Miller to I I;;@ i the Planning Cornmission to fill the vacany created by the i i resignation of Mr, Clizbe, By motion of the Council the i Someman !xi i X 'I,: : appointment of Mr. Garth E, Uer to the Planning Corn-: Ledgerwoo4 : ; x! : mission to fill the unexpired term of Mr, Clizbe was ! McPherson ; I xi x: : confirmed. i La Ptoche I : :x; ;I;;, ::lt I I I 8 I::: i!ii I I I I 1 1 & I I I I I i NEW BUSINESS: i cation of a portion of the Marron property from R-1 to i : M Zone. I : The City Attorney informed the Council that the City was i I now in a position to have ~e first reading of Orwance : I No. 9100 which, when adopted, would reclassify a portion j ; of the Marron property. The following ordinance was i i presented for the Council's review: I I l a, First reading of Ordinance No. 9100 - reclassifi- ! I I I 1 I 4 '1;; ::;: i::; ;::: I:;@ :11: I:;# :g i::: :::: $1: ;:@I 1:; I:;; ::+I {:I{ ':!! I + -1 : Ordinance No. 9100, AN ORDINANCE OF THE CITY : :::: ::I1 : CHANGING ZONE CLASSIFICATION OF A PORTION ; *I;: ;:I: i OF LOT K AND A PORTION OF UNNUMBERED LOT i Sonnenraan :X: !X: i NORTH OF LOT J, RANCHO AGUA HEDIONDA IN : Ledgerwood: : * i i THE CITY OF CARLSBAD, FROM ZONE R-1 TO i McPherson ; ; SI ;x: i ZONE M was given a first reading, :La Roche : lxtx i I I I i::: I CITY ATTORNEY'S REPORT: I I :::: #;;I I i::: l:;l i The~oTn3~ormed €€ie Council an amendment had i :*I; 1::; ::;: : receive a portion of the fines collected under this Code, i i::; i To date this has not been received by the City and the City : ::i: I* 11: i ZXTXR~~~~D~G ORDINANCE NO. 9060, I I i:;: I I a i Claim for portion of fines collected under the ABC Cod& i been made in the ABC Code in 1954, whereby Cities would: ;must now file a claim. She would like authorization for i I::: i the Mayor, Ciw Manager and City Clerk to execute this !Someman : !xi x: ; dah, By motion of the Council authorization was given :Ledgerwood i : :x! ifor the Mayor, City Manager and City Clerk to execute iMcPherson : i i x: : said claim, :La Roche :x; ;xi 1 I ::I: a I I I I I I 81 l!ll ! I '11 I I :I:: t li I i Name 8 I Member . -4 - I \ I I 4 I : of ;""""""""""~"~"""""-""""""""""""""-""-""-",---"----- B, J i I I i Secondary Water, Z&$$ts, Approximately 6 weeks ago i : a Letter was received frdzMr, Paul Swirsky on behalf : i of his client, regarding the policy of releasing cerkain i : secondary water rights ir, the San Luis Rey Valley. At : i that time she had render& an opinion that the City should i : not release any of their water rights, Mr. Swirsky was : i present at the meeting this matter was being discussed, i : and asked if perhaps a meeting could be held and sorne- ; i thing worked out in the matter, She and the City Engineer! : had been instructed to report back on tixis matter, Mr. : i Eberhart, attorney for the Carlsbad Mutual Water Ca,, i I had recommended against these water rights being releasdd. i She had talked with Mr. Engstrand, attorney for the City ib : the San Luis Rey Water suit, regarding water rights, and : i he had informed her that the City's position had been I I : jeopardized by the relinquishment of these rights by the : i Carlsbad Mutual Water Company at $lOO,OO per acre. At I i this time the City does not have any particular request i ; for the relinquishment of any of these water rights. How -: i ever, Mr. Bratten, is interested in pwchasing approxi- i : mately 60 acres from the Josephos at $5, 500, per acre : I net; the use of the property in the valley until recently has: : been just for agricultural purposes; all laad prices are : i going up, Mr, Bratten stated that tbis land is useless i I for development as a subdivision without the release of : 1 these water rights. I I 1 I I i The City Attorney further stated that she and the City i ! Engineer had discussed this matter €hwwgkdyJ ,and. @--'thej$ i opinion the fair market value for these water rights is i : $3,000 per acre, She did not feel this price should be a ; i precedent. It should be determined at the time a request i : is made, I I I I 1 0 i The Council asked if there was any action necessary at : : this ti.- and she stated no, as there has not been a formal i request for any release. i Mr. Swbsky stated he would like to point out that they ! ; were not talking about the relinquishment of water rights, ; I but the curtailment of the drilling sites, The Mutual : never gave up any secondary water rights - they gave up I I the right to drill in certain locations, As far as Mr. I Bratten is concerned, there is no executed agreement : i €or the sale of the property by the Josephos, Mr, Bratten: : requested that the Josephos give him a warranty deed, : i and he had advised them that they could not, It would I : be impossible to pay $3,000 for a cloud on a title as there i i are approximately 5 to 7 hundred acres, The City would i i not be allowed to use their secondary water rights until : ; such time as they had exhausted their primary rights. 4 I : The title company may be able to issue some form of i indorsement on the title policy without these rights being i i released in order to clear the title €or development, i C. Business License Ordinance, The City Attorney : ; stated that sbe hac¶ received a cau regarding certain I I i complaints on business licenses, and she would like to : : know if the Council would like her to view the business i i license ordinance before next year &e a recommend- : f ation. Cwn, Sonnernan asked if all business licenses had i i been sent out and if all businesses were licensed, The : : City Clerk advised the Council that as far as he knew all i i businesses were licensed, This year he attached a ; questionarre to all licenses based on gross receipts and : i had had very good cooperation. By consent of the Councili : the City Attorney was instructed to review the business i i license ordinance and report back as to her recommenda-: : tions, I 1 I ! I I I a I I I 1 I I t I I 9 I 1 i I I I & I I I I I I I I I I I I I I I I I 1 I I I I \\ -, \ - - , \\ '\;\ '' '*, 8\$. \ , '.?$3. 4 '\$SP, '\\ 'f+,, '?&@\.@,$x@ iiii: ::;i: :I::: :p: 141 ;; ii;:: 11;:: ::p: ;::*I :*I:: ;ii:i "1:: :;13b ;1:t1 1.: 1:; :::;I ))I I*#;: ::pa ::: ::;I: ::;i; Jt :::q :;i:; ::;:: ;:'" 1:; :;&I '*I ::;I1 ::I:; 1'1 :iii; ::i:i 11 pi:; :I::; ::I" ::i:; 4; iL:: '1::; :I,:; :;;Il :;::: :;;:; I;::' ;;I:: ;:i: ;::I I::; I:;' ::I: ;;I8 1:: i::: I::I ;II: :::I ::i: ;: :La :I ;::I ;I:! :;ii ;:ii ;;a1 1::: :::: :;#I :;:: ;::: :::: :I;: :;I: :;;: :;:I 1::; ::;: :I:: ::;I I::! :::; I!:: 1;:: :I:: I:;* ::;; 8':; i:,: ::I: :I:: i;:: :::: t!:: 80 @\*(.'$?'bl ""-"""","" ;;It; I :I: :' ;:I:: 'L:: i 1:1 I: )If1 lilt *&I( k 'I I"I : I I $ * I -\, -8 '\ .\, ' *\ -5 - - . 'L' I Na me '*,\.&, 8.88'sq I 8 ,+d& \\ '&& t I i Of ' ',*+,&.;?+ O'@\ l :p,; :!;$ !::I: 1 Member ,o+,o.,P~~~c ;",,,"""""",""",-,~~,-"""""~"""""""""""""""""~"""","""~~"~ 1 d. Green River O$-dinance, The City Attorney stated i \ she felt the Council should consider the adoption of an i ; ordinance in relation to the Green Rive6 Law . Many I 1;11: i people are peder the, hipression the pubpose of the Green; ::ti: : niver Law 1s to kees out out-of-town busingsses. This ; I:: ;: 'I is not true, as the pui'pose ,of the Green River Law is to i ;+; ; prevent dodr-to-door selling, With: the, consent of the ; ; 8 -1 I Council the City Attorney was instructed to secure in- i ()(I i;::: ; formation regarding this matter. I I 1:::: I I 4:; i Mayor Ledgerwood advised the Council at the last Mayor'h i:::; It'iL i meeting they were informed that an important decision ha! ;:::I : been reached in Orange County regarding potential R-3 : ::I: t: 1 i zoning. The Mayor requested the City Attorney to in- 1 :;:' l8 : vestigate this matter, I I :;:I :;I: 1 I :' 1: j MANAGER'S REPOZT: I I ;::: : Complaints have been received regarding the parking i ::;; i of large vehicles on City streets in residential areas, I I p:: : The City Manager requested the Council to have the City : $;: i Attorney investigate some form of ordinance to prevent i :::: I this type of parking, By consent of the Council the City : I:,1 I:;: : Attorney was instructed to investigate this matter. 1 I :::; I 1 ::;I i A letter dated December 26, 1959, from Mrs. George i 8;: 1 Grober, regarding Mr. Grober's illness, was read to : i:,: 18:; : the Council. The Council requested a letter sent to + ::It I ;:fl I Mrs. Grober from all of the Council members, I I 4:; i Light industry and manufacturing was given further dis- i :::: : cussion by the Council. It was agreed that the City 1 ::;: i Manager be instructed to have this matter referred to i i!:: : the Planning Commission for their study and recommend-: ;I:: 1 :::i i ation. I 9 4:; .. i PAYMENT OF BILLS AND RATIFICATION OF I ::;: ;#I: 1;'l I ;::: ;; :* 1 I I8 8' D I* 4 I I I I 4 I I 1::; ::I# I I r I I I ;:ii '(1 I I 1 I 8 I /:x; : Authorization was given for the payment of bills from I ::!: I I S I LL: I I I I I i December 15, 1959 to January 5, 1960, for the general i 1: I i expenses of the City in the amount of $4,640.56, and the : Sonneman :x: i 4 ; Water Department in the amount of $1,170.14, as certi- i Ledgerwood I ! x: : fied by the Director of Finance and approved by the : McPherson: :x; x! I Auditing Committee, i La aoche i i i 7 I i::: i Ratification of the payroll was given €or the City for the i Sonneman ; ix i x: i second half of December, 1959, in the amount of : Ledgerwooq ; ;x! ; .$12,510.69, as certified by the Director of Finance and i McPherson 3r i !XI i approved by the Auditing Committee. : La Roche i : :x# I ADJOU3NMENT: : By proper motion of the Council the meeting was adjourneq : at 9: 20 P, NI, i Bespectfully submitted, I I I I::: I* I I I # I I ; :': I I 18:1 I 'I,@ ::;: I;:: * I ::;: I I I :::: ::;I I :;:: I 11:; 6 I :;:I # I :::: I I ::;: I :::: I I i::: I I 1*1: 1 :::: t I ;I!: I i 141: I I :;:: 1 I I ::;: I I ;;I: I ;I:# I I $4 I I 1:; 1 B I ::;: I I 1';; I I I * I ::i{ I I I I :i;; \ 1 w d r L&-L, I I I I I T i MARG RET E. ADAMS ; Deputy City Clerk I I I 1 I I I I I I I I I e I I I b 1 i I Ill I ! I 1 I I I 1 I I I "; I 1 I I I I I I:;: !;I;