HomeMy WebLinkAbout1961-04-18; City Council; Minutese
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i APPrtOVAL OF MINUTES: I I i::;
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l a. Minutes of the regular meeting of April 4, 1961 i Guevara i i ; x; I were approved as submitted. : Bierce ;x: ;xi
I I i La 3oche ; I Jx:
s : Sonneman I :x: x:
I I i McPhersoni i :x:
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I CIL OF THE CITY OF CARLSBAD, EXTENDING ; Bierce : :xix;
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i Minutes of: CITY COUNCIL (Reg.zxf,ar Meeting) i \, \,,'\\, '\' '\ '\ I Date of Meeting: April 18, 1961 ; Name "\ '?&, \, \$$$, ', '\a
8 Time of Meeting: 7:OO P. NI. ; of "+@' ! Place of Meeting: Council Chambers I Member s$N&$@q ,"-"-~"-"""""~""*"""""""""~"~""""""~..""""~~""""~""""""":"" 'I"
t AOLL CALL was answered by Councilmen Guevara, 1 Bierce, La Roche, Sonneman and McPherson, Also : present were City Manager Pro Tem Scholink and City i i Attorney Hayes.
i ALLEGIANCE to the Flag was given.
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i INVQCATION was Offered by Mayor La Roche. I :'ii ::Il
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I : COiEKESPONDENCE
: Mayor La doche informed the Council a resolution of i appreciation to Jane C. Sonneman as Mayor of the City of : : Carlsbad had been prepared which he would like to read. i i The following resolution was presented for adoption:
i fiesolution No. ?36, A SESOLUTION OF THE CITY ! Guevara !x i : xi
i APPdECIATION TO JANE C. SONNEMAN FUR SER- I La Roche i i :x; i VICES RENDE2tED AS MAY03 OF THE CITY OF : Sonneman : I : : : CARLSBAD, *as adopted. i McPhersoni i :x:
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L a. E, C. Pitts - re: Permission to use temporary! :I;: :;;i i water line in Ivy itoad, North Carlsbad. Letter351Zd- :
; March 31, 1961 addressed to the City Council from ::'I + :I:: i Brighter Homes, Inc,, stating they previously applied for! :::: : permission to make a temporary connection to a 4" water ! ;::a
i main north of Ivy aoad for three houses located on Ivy : :::: ;:;: ! doad, North Carlsbad. This permission was granted by i 4;; I the Council, providing the owners of the property in I I ::::
: question would sign an agreement to connect to the Ivy i lI(I
::I: i Road water line at such time as service was made avail- ; ::::
: able. Brighter Homes, Inc. is the owner of two of the i i:i;
i properties and they laid the temporary line at a cost of ! :::;
: $720,00; however, the Barkers, owner of the other ::I:
I ;:I; i property, refused to sign the agreement, therefore, 1 4 I::;
: Brighter Homes, Inc. has been unable to get service to I Ill ;:::
i their two properties. In view of the above, Brighter 1 ; ; 1.: D l;a
; Homes, Inc,, requests permission to use the temporary i ;et: i line and asked that a separate agreement be drawn for i ;::;
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I :;:I i The City Attorney informed the Council she had previous-! 1'1:
; ly represented Brighter Homes, Inc. on other matters, : ;::; ;::; : but she is not representing them on this matter. I I 4;!l
i A letter dated April 7, 196 1 from Mrs. Zobert L. Barkerb :::: i 1822 Ivy itoad, was presented, stating they relied on the : #:ii : integrity of Brighter Homes, Inc. to do all things reason-! i able and necessary in building their home. Now they : ; I I*
i find tbat all the responsibilities have been shifted to their! ;::I : shoulders, such as the responsibility of installing a water! I main at an estimated cost of $6,000. The letter also I I
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: set forth various personal problems they have had in the i :::; i construction of their home. They asked that the Council : 11;; : help them in solving this water problem. 1 l:@l I '1:: ! The Council was informed Brighter Homes, Inc. signed i i the agreement and they had applied for and paid for the ; *:I1
; meter being installed; however, due to the fact the agree? I::: i ment included all three properties and Brighter Homes, : ;::: : Inc. was the only party to sign the agreement, service i i to their property was not available. * : !::I
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MRS. HELEN BARKER, 1822 Ivy Road, stated they have: been told they would not be responsible if they signed this: agreement, She felt they would certainly be responsible :
if they had to collect and be responsible for two other : water bills, The meter that was purchased and installed I was paid for through their contract. This meter was I purchased for 1822 Ivy Road, It is the responsibility of ; the builder to pay this $6,000 for the water main. She ! asked Mr. Slater, the City Manager, and he stated they : would be responsible for the entire amount. I 1 f
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I I I be I i The City Attorney explained there would no doubd a 1911 i : Act proceedings and all properties that would benefit I I i would be assessed proportionately, I I I I I I I 1 Mayor La Roche stated he felt the City had done their I i part in granting the temporary connection, and any other : : difficulties they might have should be worked out by the i
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i MR. E, C, PITTS, 707 Short Street, Oceanside, repre-: : senting Brighter Homes, Inc, , stated at the time this i i meter was installed it was late Friday afternoon; he : signed up for the water due to the fact it was late and he i i could not get in touch with the Barkers. The Barkers i : have accused him of being negligent, but he felt he was ; i acting in good faith. Brigher Homes, Inc. paid for the i : meter. I I
t Cwn. Sonneman stated the Barkers own their home. i Brigher Homes, Inc. will sell their two houses. T% ill i : the purchasers be aware of this agreement? I I
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1 Mr. Pitts informed the Council they have two prospective;
t purchasers for these houses and they are aware of the I : conditions in the agreement. Mr. Pitts further stated ; i Brigher Homes, Inc, bought this property for these two i ;::I i houses from the Barkers. The Barkers told him they had :::: : 25 lb. water pressure; they applied to the County for a i :::: 1 building permit, He later found out from the City of : Carlsbad there was not sufficient water pressure to con- i $11 i nect to Ivy Road. They have laid pipe for a temporary : ;::: : connection at a cost of $720.00, I I i:::
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i Mr. Pitts was asked if he would be willing to be responsi: i ble for the water bills?
i The Council was informed that according to the City ; records Brighter Homes, Inc, is responsible for the I water bills as they signed up for the water service.
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::!I i After discussion by the Council, by motion of the Council i Guevara ; !xi 2 i the City Attorney was instructed to prepare a new agree- ; Bierce :x I ; xi I ment for Brighter Homes, Inc,, and the agreement be i La Roche I ; i xt i so stated that the Barkers can also receive water if they : Sonneman I : ; x! : choose to sign the agreement. i McPhersoni : i+
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I i b. Henry J. Cupples, 3r, - re: Protesting the i i Fti3-03-a CondiEnii-Use Permit for quarry operation' i esr ateiLApril 12, 1961 from VoDk i ties, Inc, I protesting the decision of the Planning Corn- : : mission to grant a conditional use permit to South Coast i i Asphalt Company, and requesting this letter act as an i : appeal to the City Council, 1 1
i The City Attorney advised the Council the only action the i : Council could take at this time was to set a date for a : i hearing on the appeal. By common consent of the Council! : it was agreed that the hearing be set at the earliest pos- ; I sible moment.
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! 1 ;:!I e I c. Yvonne C., Riddle - re: Sequest for formation i i of sewer and water assessment district. Letter dated i I April 10, 1961 froni Yvonne C, Riddle, requesting the i i CO~UIC~ to exercise its legal powers to create an assess- : i ment district on Pacific between Garfield and Mountain : i Vi& for the installation of water and sewer services, I I Also enclosed were copies of letters received by Mrs. ; : Riddle from other property owners in the area. I I I
I I i The Council was informed Mr. and Mrs. Riddle appeared: i at the Council meeting of March 7, 1961, and requested : : a solution to the water and sewer situation, and they wer$ ! informed at that time an assessment district could be ;
i formed or the improvements could be handled on a cash i I basis, A petition for the 1911 Act proceedings was pre- : : pared zind sent to Mrs. Riddle, together with the estimated i cost of the project. I I
i In view of the above correspondence, the City Manager : i re'commended that the matter be referred to the staff for 1 : further study.
I d. Carlsbad Chamber of Commerce - re: Cit I i acquiring Santa Fe Railway Depot, Letter dated Ap:illZi ; 196i, from the Carlsbad Chamber of Commerce, stating : I they had received a letter from Mr. J. N. Landreth, I I : General Manager of the Atchison, Topeka and Santa Fe : i Railway Company, wherein they stated they were pleased: : to advise that Santa Fe is willing to donate the station : i building and appurtenant facilities to the City of Carlsbadj : and to lease to the City, for a nominal consideration, i such portion of their station grounds, easterly of their i : main track between Elm and Grand Avenues, as might i i reasonably be required by the City for development of : ; the depot and grounds. The Chamber asked that the i Council take favorable action on this matter.
i Cwn. Sonneman asked to review the correspondence in i : connection with this project.
: Cmn. Bierce stated this donation represents approximat*- i ly 5 years work, Many citizens in Carlsbad have worked: i on this project, One petition alone carries 600 signaturek.
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Discussion was given as to a resolution previously adopted by the Council wherein they requested the Public I Utility Commission to keep the depot open for freight. : The City Attorney stated she appeared before the P. U. C.! at the time of the hearing in connection with the closing 01 the depot and pointed out to the P. U. C, that the City : wished to have this depot kept open for freight purposes i
as we were interested in having industry locate in this i area, i I
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I s I DR. SPIVEY, 5029 Tierra del Ora, was present and I $i i stated the Chamber has worked very hard on this projecti :::
; The Santa Fe Railway indicated they were going to tear : ::: i:: i down the building, The Chamber felt the building should i : be preserved for historical significance and has been ; :;: i working for several months with the railway company, i :)I ;::
; We have now received a letter from them stating their ; ill i willingness to donate the building to the City. It is very i 4::
: obvious they want to get rid of the building and we ::;
1 i:: i WOUM like to preserve it.
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I Cwn, Sonneman stated she felt we should have a repre- i : sentative from the railway company present to clarify i i certain points before rnaking any decision. I I
i Cmn, McPherson stated he did not see why we needed a i : representative to come here, when they have stated they: i would give the building to the city, but if it would help I : he would agree.
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e.. I ;;:; i After further discussion by the Council, by motion of the i Guevara i i Xi Y{ ; Council the City Attorney was instructed to contact the i Bierce ::I: i Santa Fe Railway Co. and request a representative to ; La 9oche i i I xi ; appear at his convenience before the Council to clarify I Sonneman i Xi : X; I the offer and the responsibilities to be assumed by the i McPherson : : i Xi : City, I I 11
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J Cwn. Sonneman requested that the Chamber's correspond4 i ence file on this matter be made available. for review. I
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I I i QRAL COMMUNICATIONS:
! Theee were no oral communications.
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I I : The Mayor declared a short recess at 8:06 P. M. The i i meeting reconvened at 8: 25 P. M. I I
I I I 1 i PLANNING:
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I l a. 1 Memorandum from the Planning Commission I i::: ai;:
! recommending certain streets to be declared "maior Streeks" I:!! v u ~ - - - -I-.- ! and officially designating an access road to be named 4 I
1 "Haymar Drive". Memorandum dated April 13, 196T i from the Planning Commission was presented wherein ; : they recommended by proper motion that the portion of i i El Camino Seal that lies within the City limits be incor- :
i porated into the master plan as a major street, Also that ! i portion of Palomar Airport Road that lies within the city :
I limits be designated as a major street and that it officiall? i be named Palomar Airport Road. Further, a motion was I t duly passed recommending that the old Vista Way lying i I within the city limits be named Haymar Drive.
i By common consent of the Council it was agreed that that I I portion of El Camino Real and Palomar Airport Road I i lying within the city limits be incorporated into the mastei i plan; that Palomar Airport Road be officially named I I I Palomar Airport Road; that the portion of old Vista Way : i lying within the City limits be named "Haymar Drive"; I I 1 and that the City Attorney be instructed to prepare the i i necessary documents for the Councilts action. I I
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I ! I ENGINEERING: I 4 I I
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!hl! i;:; ;:!: .'I I The Council was informed a 1911 Act petition had been i i received by the city for sewers on Eureka Place. The : I petition shows 21.670 of the property owners in favor of i ;;:: : this improvement, The City owns or is purchasing 4 i parcels of property on Eureka Place, and if the city were i 1'9: : to participate in this improvement it would bring the :4*1 : percentage up to 45%. It was pointed out the estimated i ;::; i cost of the city's participation would be $1,500. The i Ehgineering Department feels the city should participate i : in this improvement .district. The City Attorney SuggestedGuevara + 3 ;xi I a Health Officer's report be made of the area. By motioi Bierce k i !x: : of the Council the recommendation of the Engineering ; La Roche : : ;xi i Department was accepted and the Health Officer's report i Sonneman : ; !xi
i requested of the area. : Mcfgherson I : :x;
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I 1 I (Ill l!!l : HARBOR COMMISSION: I *.'I 1 I ;::a
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1 a. itesignation from the Harbor Commission - I *:;I'
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i W. G. Allen, Roy Phillips and L. F. Gaus. Letter i Guevara i ixix: ; 11
: dated April 3, 1961, signed by W. G. Allen, Roy Phillips i Bierce ; ; :xi I i and Louis F. Gaus, in which they submitted their resig- : La Roche : ; !xi i i nations from the Harbor Commission. By motion of the i Sonneman b i :x; I ; Counci1,the resignations were accepted with regret. ; McPherson: 1 !xi j I!
I I : Mayor La Roche stated the Harbor Commission serves ; : no real purpose at this time, and it might be practical to i i dissolve the entire commission. I 1
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I a I It was suggested that perhaps a citizens committee might : be more practical if an when certain projects need study i and recommendation.
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:!!I I The Mayor requested the matter deferred until a later i *I I!:; : date. I I ;:I1
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I : CITY ATTOR.NEY*S REPORT I :I::
I I 1:tt i Claim for damages. The City Attorney stated she had i Guevara I : !x i i received a claim for damages on behalf of John Anderson, i Bierce : : 3; i 2987 Highland Drive, caused by water leak. By motion : La Roche : : !x i : of the Council the claim was denied and the matter re- i Sonneman + : %: i ferred to the insurance carrier. ; McPherson : ixjK i
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I I i Orlando Lawsuit. A stipulation will be prepared for the i ; Court, wherein Mr. Orlando has agreed to pay $20.00 : i per month plus 7% interest on the $350,00 sued for. I I I I I 1 i Senate Bill 1184 - Agua Hedionda Lagoon. The City I I i Attorney informed the Council Senate Bill was introduced ! i by Senator Hollister and has been referred to the commit-!
I tee on Governmental Efficiency. The Chairman of the conk- : mittee is Luther Gibson. She intends going to Sacramento! : next VCIednesday and will work on the matter Thursday, : I The San Diego Gas & Electric Company have been sending! I representatives to each Couacil meeting of the various : ; cities in the County. The City Attorney stated she appear: : ed before the Council at National City and was shocked at i i the allegations being made by the San Diego Gas & Elect& i Co., i. e,, this Bill would be taking private property; this i ; is the beginning of a harbor; and there was no water in the; i lagoon until their operation. I I
i There will be a meeting of the North County Chambers of :
t C,ommerce, Tuesday evening April 25, 1961, at 7: 00 P. Mi i They previously endorsed this bill, The San Diego Gas i : & Electric Co. have asked to be present at this meeting. ; i Mrs. Hayes stated she would be present and is in hopes t : that as many people from Carlsbad would be present as ; I possible. I I
i Also in connection with this matter she went to the State i ; Lands Commission and had copies made of all the ease- : i ments the Gas Co. have acquired from the State, and : copies of letters they had on file from the Gas Co,
I We are depending on our local paper to support this bill. ! : We must emphasize the fact this bill does not affect the : i title to the land, it merely assures use of the waters by i ; the public, and this would not affect their operation in any: ; way.
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I f 1 i::: I Cross street between State and Xoosevelt. Cwn. Sonnema$ :I:: i asked if the city could proceed with the improvement of ; ;::;
I:II ; this street prior to the trial being held. The City Attornef ::i: i informed the Council the city could get an order of possest ::a: : sion within a few days; however, the city would have to : 6. I I ; :::; i put up sufficient funds for the property and would also had ::;I ; to pay 7% interest to the owner from the date of the order i ::;:
I of possession. The Engineering Department does not havd ::;t :::: : the plans completed, however, they could have them com-i Guevara i !xi xi : pleted within one month if so instructed. By motion of : Bierce i i ;x! : the Council the Engineering Department was instructed to i La Roche : : i xi : commence work on the improvement plans for the cross : Sonneman :x i ;x; : street between State Street and Hoosevelt Street, i McPhersoni ; : xi
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I I.! t i Extension of Elm Avenue and Tamarack Avenue, Mayor : : La ktoche asked if anything had been done m regards to i i a plan for the extension of Elm Avenue. Mr. Thornton, : : Assestant Engineer, stated the Engineering Department i
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; has never been instructed to prepare a plan, The City i i Engineer stated he had discussed this matter with Mr, ! I Thornton and it is their feeling a precise plan should be i i adopted for Tamarack Avenue and Elm Avenue due to the : Guevara p : i xi ::!I
I development in both areas. By motion of the Council the i Bierce ; ix!x; i Engineering Department was instructed to prepare a : La Roche : : :xi ; precise plan for the extension of Elm Avenue and Tamar- i Sonneman : ; i xi i ack Avenue for the Council's approval. : McPherson i : ;x:
I I**; i CITY MANAGER'S REPCRT 1 :Ill I 4:;
I :;I i Fixed Assets. Membrandum from the Director of Financi I:ll : requesting that certain items be removed from the city's i ::i: I inventory, due to duplication of numbers, items that I I ::;I
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i cannot be located and obsolete items. At the present tim4 ::;: ; the fixed assets of the city are in the amount of $340,000, I ::I:
i and the Director of Finance is requesting that items in ; Guevara : :xi x: :I::
: the ~ amount of $5, 300 be deleted from the inventory. By : Bierce I I :x! i motion of the Council it was agreed that the fixed assets i La Roche l l i xi : in the amount of $5,300 be removed in accordance with : Sonneman !x i ;x; { the request of the Director of Finance. ! McPherson; ; i x; i AATIFICATIQN OF BILLS AND PAYSDLL: I t 4;;
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I ; 1 IS 1 Ratification of the bills was given for the general expense; Guevara ;x ; ;xi 1:;:
. : of the city in the amount of $1 3,443. 37 and for the R ater : Bierce : jxjx: i Department in the amount of $18, 382.70 from April 4,1961 La -Hoche : I ;xi i to April 18, 1961, as certified by the Director of Finance i Sonneman i i : x: ; and approved by the Auditing Committee. : McPherson: : ;xi
{ datification of the payroll was given for the first half of i Guevara i z i xi : April, 1961, in the amount of $14, 391.60, as certified by! Bierce ; : ;x: i the Director of Finance and approved by the Auditing ; La Roche I i ;xi
i Committee, i Sonneman ; !xi x:
I ADJOURNMENT:
I By proper motion the meeting was adjourned at 9:07 P. M,:
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I I i Respectfully submitted, I
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