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
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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
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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
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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
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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: ;
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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.
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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
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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
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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
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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;
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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- !
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I + -1 : Ordinance No. 9100, AN ORDINANCE OF THE CITY : ::::
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: 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 ::::
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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:;:
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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
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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
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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 $3,000 for a cloud on a title as there i i are approximately 5 to 7 hundred acres, The City would i i not be allowed to use their secondary water rights until : ; such time as they had exhausted their primary rights. 4 I : The title company may be able to issue some form of i indorsement on the title policy without these rights being i i released in order to clear the title €or development,
i C. Business License Ordinance, The City Attorney : ; stated that sbe hac¶ received a cau regarding certain I I i complaints on business licenses, and she would like to : : know if the Council would like her to view the business i i license ordinance before next year &e a recommend- :
f ation. Cwn, Sonnernan asked if all business licenses had i i been sent out and if all businesses were licensed, The : : City Clerk advised the Council that as far as he knew all i i businesses were licensed, This year he attached a ; questionarre to all licenses based on gross receipts and : i had had very good cooperation. By consent of the Councili : the City Attorney was instructed to review the business i i license ordinance and report back as to her recommenda-: : tions, I 1
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1 d. Green River O$-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
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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 ::;:
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: Authorization was given for the payment of bills from I ::!:
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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:::
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I T i MARG RET E. ADAMS ; Deputy City Clerk
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