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HomeMy WebLinkAbout1965-02-16; City Council; Minutes.. . s :GI TY OF CA:?,I,t?3AI? , '\\' x I , c, \\ ' !Minutes of: C3: T'S C~Xl.iCE 1, i Regu1a.r Meeting) ; :Date of Meeting: Fzhruary 16, 1965 I '\ \ ' :Time of Meetjmg: 7: 3; P. Me i tdame 'x,'': :Place of Meeting: Council Chambers i;XLL CALL was answered by Courzcilmen Dunne, :Neiswender, Jardine and Baghes. Also present were City! ! ! I '\ \. '., " ; of '3 d '1 ' ' . '\ ' :""""""""""""""""""""""""""""""""""""""""""""~- : Member :Manager Mb!m8ux, City Attorney ij\ ilson and City Clerk \ !Adam. Counc ilrnan Atkinson wag absent. I I e i iINVCCATICN was offered by City Attorney ihilson. ;ALLEGI&,NC!E to the Flag was given. ! t I I * I I $ I I I I I IAPPAGVfiL 0 F MI NUTES: "" I a b I I 1 !(a) Minutes of the regular meeting of February 2, 1965, iDunne :were approved as presented. 2Jeiswendel 4 I I :Jardine 1 I :Iiug he s I I I . ~CB-MLSPGNDENCE: C""" I I I < I I !(a) Library Board of Trustees - re: Schedule of payments i :to 1" arxXe?t.A-letterdatedFxuary 10, 1965, from"; :Cdrlsbad Library Board of Trustees was acknowledged by i !the Council, They referred to a copy of a letter from ! :&obert E. Melvin sent to the city under date of January 28,: j1965, concerning the schedule of payments to the architect: :that has not as yet been resolved. %ith a view that the I :architectural services have been performed satisfactorily, i fthe Library Board of Trustees voted to recommend to the 1 :City Council partial 2ayment to the architect. They furthe& :stated they realized that no funds were available in the i i1964-65 Library Budget, but were hopeful payment could : :be made from the General Fund. 4 I :Cmn. Jardine stated he felt the staff should come forth I !with a recommendation and enlightment to the Library :Board of Trustees. :By motion of the Council the letter was referred to the )"me !staff for whatever action is necessary. :Dieiswendel I I I * I I I 1 # I I I I I 1 i3ardine 1 !Hughes ! I I !(b) Seal Estate Research Corporation - re: Appreciation ! :of servicesrZndered. A letter fromtheeT1 Estate Ite- : I_ :search C-cn, dated February 2, 1965, addressed : !to 3, S. Osburn, Building Inspector, was read stating their! :appreciation to him and his staff €or the expeditiazls and i jcourteous manner in which service was rendered upon :their recent visit to the city offices. ICrnn. Jardine stated this letter goes along with his apprai-i jsal of. Mr. Osburn. i(c) Reapportionment of the State Senate - The Council ac- i :knoFlFdga-i%mt-d to all members i !of the California Legislature concerning reapportionment : :of the State Senate. I I 1 I I I I I I I I I I I * I I : I 1 i(d) Department of Special District Services - re: First Unit i ~Vis~z~~EFJ~ Sewer Prdjct. aeceipt of a letter ; lfrom theneTaytrnent of Special District Services was ac- I !knowledged and ordered filed, forwarding a copy of a letter: :received from Mr. Earl H. Thouren, Chief of Constructioe :Grants for the U. S. Public Zealth Service, indicating final : :approval of the first unit of the Vista-Carlsbad Joint Sewer: :Project and that final grant payment had been certified by i :his office. 6 I 0 I 8 I I I I I 1 I 1 I I I I I 1 I 8 I $ * I * 1 1 I ! I I I ', \ .. 8 I \ '. 8 '8 '\ ,' * I -2- I \ '\ ' I I I I I I I 1 I I '\ *\\'\\ I i r.:a Tc1 e '\\, 't i GIBAE COMMUNICATICNB: 4 .I I ; of '3 I \' I I ~"""""""""""""""""""""""""~"""-""""""""-!""""""" I Member 1 I I : * 1 I I I : There were no oral communications, : Executive session. Mayor Neiswender called for an execu-: ; tlve session2"Council members to discuss personnel. J I I I I" I I : i The Council adjourned to an adjoining room at 7: 15 P. M, i ! $ I i The meeting reconvened at 7:29 P. M, The Mayor announcf : ed that personnel was discussed but that no action or deci-: i sion was made. ! I I I I i PUBLIC IlEAaING: I I I I 8 * I i (a) Improvement of Hemlock Avenue - 1911 Act Proceed- i i ings, A. D. 1 -19gT Spreading of Assessment. i The Mayor announced the hour of 7: 30 P. M, having arrivs? ! : this was tne time and place fixed for the hearing of pro- : I tests, objections or appeals in respect of the assessment i :proceedings, and work under and pursuant to i3esolution ; i of Intention #lo26 and the Improvement Act of 191 1. 1 I i The Clerk presented the affidavits of publication, mailing i :and posting notice of hearing on assessment. 1 I : The Clerk presented a letter dated February 12, 1965, i from Mr. and Mrs. J. C. Parker, owner of property locat: :ed at 315 Ilemlock Ave., Assessment Parcel No. 14, stat3 iing they wished to register an appeal to the method in I Q :which the work was performed. They were not apprised i !of the fact that a portion of their cement driveway was to : :be removed. Tenants in this property furnished their namk I and address to a city representative prior to the perform- i iance of the work, however, the first knowledge they had ; :of the work being done was a call from the tenant. In con-; I :tatting the City ;-all they were informed the only address : !carried was one on Cahu. They are now supposed to re- i !place the cement area at their own expense, despite the : ifact they did not know it was to be removed. I !As there was no further correspondence, the Mayor asked i :if there were any persons present who wished to make an : :oral protest. t I :As there were no persons desiring to speak, the Mayor i :declared the public hearing closed at 7: 38 P. M. I I jCmn. Jardine inquired as to the Parker property. :Mr. Thornton, Assistant Engineer, stated this case was i :handled poorly, The City contacted the tenant who inform-; ied the city of the owners address in Oceanside. The only : - I 9 - t t "_I_ I I I I I I I I I I I I I I I I I * I t I I I I I I I L 1 * I I ;address on the tax rolls was one in iiawaii, I I 0 I I !The plans called for street improvement up to 1' of the pro: jperty line. This meant that the property owners bore the i :responsibility of adjusting their driveways. The majority : :of the property owners engaged the services of the Con- i :tractor to adjust their driveways. The city took it upon ; !themselves to remove the Parker's driveway at the same i :time as the other driveways were being removed. Mr. I 8 :Parker is objecting to the removal of his driveway. The i !city is willing to go in and replace the driveway in the ex- ; ;act line and grade as it was prior to removal. I I t t * 4 I 8 t I I I I I I I I I I I $ I I I 8 I I 9 I I ! 1 I I $8 I \'%. I ,'\ .. I \\ '\ ' , \ '\ '\ I I I -3- , '*, '., \. I ', \ ' I I 1 1 t I i Name '8,"' I 0: tj I : Member i Cmn. Jardine asked if the Parkers changed their minds i :"-"""""""""~""""""""-"""""~""""""""-""""'""""""" :and decided to have the driveway adjusted according to the ; j@~~~de, would the ConCractor be w Wng Co do the job at the / I same cost, charged to the other property owners. ! i Mr. Thornton stated he did not believe he would, as it 3 i would cost approximately $83. C9 to have the equipment i : moved to the Parker prope rty. * I i Mr. Leroy Smiley, 245 %emlock Ave. asked to be heard. i : The Mayor asked the Council if they wished to have the i i hearing reopened. I k I I ! By common consent of the Council the hearing was reopen: i ed at 7:43 P. NL I I i M3. LEt80Y SMILEY stated he was pleased with the pav- i i ing, however, there is a 2' space between his property ani/ ; the pavement. Prior to the street improvement his pro- I : perty sloped to the street. Now there is a hump, and whe4 i it rains it leaves a pond. He would like to have some sort: i of drain installed. I I i Mr. Thornton presented the grading plan and design of the; i street for the Council's consideration, and Mr. Smiley's i t property was pointed out on the plan. I I i Mr. Thornton informed tne Council on the south side of th4 i street they actually cut within 2' of the property owners I i property line. Mr. Srniley's property should drain to the ; : east, however, the Engineering Department would make I : i a field inspection. I I : The Mayor declared the hearing closed at 7: 45 P. M, ! Cmn. Elughes recommended that the Engineering Depart- i : ment make a field inspection of this property. i After further consideration the following resolution was i i presented: I 1 [ aesolution NO. 1103. RESGLUTIBN OF TSE CITY COUN~ i %Iz, CF TiITCITY OF CAALSBAD OVEXRULING ALL I i PRGTESTS ON THE ASSESSMENT, CCNFIL~MJNG TZF ; : ASSESSMENT AND CGNFIKMING THE dEGULA&ITY OF i Dunne I PRBCEEDINGS, A. D. 1-1963, was adopted by title only, : Neiswende~ : with the proviso that the properties under question be in- i Jardine i vestigated. : Hughes I t 0 I I I I I a I I I I 8 I I I I I I I I I I I I I I I I I I I I t 1 8 I I I 1 I I I I I I i ENGINEERING: I I 1 1 * I I ! I (a) El Camino Real sewer improvement - Project 5-1. : Plans for a permanent sewer line m ~l Camin:, Real from i i Chestnut Ave. to Vista Way were presented. The Council : i was informed this project will cost approximately I I : $32, GbC;. The developer for El Camino Mesa is ?.'illing to : i contribute $14, COO. 06 at this time in order to bjri.L:g sewer6 ; to their subdivision. The City will contribute the balance i : from the city's sewer interceptor fund. The cost of this ; i project will be prorated according to the benefit received i : by each property own2r, and before they can connect to ; : the line they will have to pay their proportionate share. i i El Camino Mesa's share will probabiy run $6, *2GO. The ; : developer will no doubt request a refund ag,reement. I I - -.?c 0 I I I I i 8 I I 4 I 1 1 I ! 1 * a I I I l 8 I ! I * I I 1 I . 4 I I I I I I I' l \\ '\ '\ '\ I ,' I \ '\ .. ', 5 ' ,' I ', \.\'\\ ' i Name '(4 I I -4- t i I I & i Qf '; :""""""""""""""-"""""-""""""""""""-"""""~""""""" i Member :The Engineering Department recommended that the city ; :enter into a refund agreement with the developer with the ; :provision that the city receive its contribution back first. : !After consideration by the Council, by motion of the Coun- bunne :til it was agreeld that the El Camino Real Sewer Project, Peiswende: !No. 5-1 proceed in accordance with the recommendation pardine 0 I I I iof the Engineering Department, !Rughe s I I t I(b) fiequest for extension of iime in filing final map for i :Monroe Park Subdimmar, Inc. Letter dated i ;January 7 277j5TFGi?iFLear, Inc. was presented, re- : :questing an extension of time for a period of one year €or i ithe filing of the Final Map for Monroe Park. The tentative: :map was approved March 3, 1964. I & :The City Manager informed the Council the city has been i :attempting to have Jay Lear, Inc. clear this property of I :weeds, but as of this date this has not been done. The City: :Manager recommended that this matter be held over for : :two weeks. I 1 Kmn. Jardine moved that Jay Lear, Inc. be granted an ex- i !tension of one year with the provision that the weeds be i :cleaned from the property. I I ;The motion died for lack of second. !After further consideration by motion of the Council it was INeiswender !agreed that action be suspended until such time as the ownjJardine ier complies with the ordinance concerning weed abatement:Hughes 1 I I I I I a I t 8 I I * I I I :Dunne I I I ~NEY~ BUSINESS:: - I I I I I I I !(a) Acceptance of easement for joint sewer project. Ease-: :rnents have been received from Roy H, Sheldon, P. A. Her! jton, Eva M. Horton, Edward Stout and Tryatt Investment 1 :Company to the City of Carlsbad and Vista Sanitation Dis- i jtrict as Tenants in Common, in connection with the joint ; :sewer project. The Vista Sanitation District has accepted I jthe easement and it will now be necessary for the City of ; :Carlsbad to accept the easements, iBy motion of the Council the easements were accepted in iDunne jbehalf of the City of Carlsbad. :Neiswender 1 4 I 1 I 1 I I I I 1 i Jardine I : Xugh es I I i(b) Agreement - re: Cannon Etoad. The Council was infor4- : ed -ne negotiations were made with Mr. Canno$ i regarding dedication of property for Cannon Road, the : :Council agreed that in the event Cannon Road was not im- i !proved within two years from date of execution of agree- : jrnent, the dedicated property would revert back to Mr. I I ;Cannon. However, in preparation of the agreement this : jclause was 'omitted and Mr. Cannon desires this to be in- i :eluded in the ag.reement. An amendment to the original I :agreement has been prepared for the Council's considera- ; : tion. I I I m I I I !By motion of the Council the amendment was approved and :Dunne :the Mayor authorized to execute the amendment in behalf ;Neiswendex ;of the City of Carlsbad. i Jardine i (c) Proclamation - American Field Service Week., Mayor ! : Neiswender proclaimed the week of Ka-rch 1 to March 7, i i 1965, as American Field Service Week I I I I I !Hughes I I * I I 8 I * t I I I I I I I I I I I t I ! ! I. c. I I *\.. . I . 8, * I I t I 1 '\\ '+, '\, ! ! -5- '\\ '\\ ' I I Name \, .! t : of -3 I : Member i OLD BUSINESS: ~"""""""~""""""~~"""""-""""""""-""--"-""-""~""-""-""~ i (a) Joint resolution between the City of Carlsbad and the i : City of Oceanside - re: Buena Vista Lagoon. Cmn. Jar- : :dine requested a progress report on the joiiit resolution i : proposed by the Planning Commission. 4 1 : The City Manager informed the Council the City Council i !of Oceanside requested the City Manager of Gceanside to i :meet with the City Manager of Carlsbad and discuss this : i matter, and report back to the Council. One meeting !was held and there will be other meetings prior to a report i being made. -I I i (b) NC& Computer. Cmn. Jardine inquired as to whether i : the computer had hen received. i I : The City Manager informed the Council the computer had i :not been received, and he would hesitate to say when I ! I ', s '. I I I I l e t I f I I I I I e l I I b I I I t I I I I I I delivery would be made. 9 I I I :(e) Terramar sewers. Cmn. Jardine requested a pro- I I igress report on the sewer project for Terramar. ! I 8 I I * l ; The Council was informed that the pumping station had i jbeen designed for a site located on Mr. Cannon's property;! :however, Mr. Cannon desires to use this property now. : i The City is now negotiating with the San Diego Gas & Elecj itric Co. for another site. I I : Cmn. Dunne stated he would like to comment that the city ; inow has a portable traffic light at the intersection of Madii :son Street and Elm Avenue. I I I I I I I I * I I 1 i CI TY MA.NAGET1' S dEPCi3.T: I 1 I" - ""- I 1 I I 1 :Boy-Scouts. The City Manager informed the Council Mr. : impwn was unable to attend the meeting this evening: :however, he wished to express his thanks and appreciation: ;to the city for their help in the Boy Scout Clean-up project.: :There were 15C boys who participated in this project and ; ithey picked up 12 tons of debris. The boys were fed at the! !Fire Station by members of the Fire Department. s I : CI TY ATTORNEY'S IZEPORT :Final map of Falcon Hills. The final map of Falcon Hills : ;was previoGgly-sp-y the Council. At the time of th< !approval of the map the title company had not certified the i ;map, and one of the property owners objected. In the past: ;the city has accepted the maps prior to the title company's: ;certification as a convenience to the subdivider due to the ; :inconvenience of having to take the map to San Diego and : :then returning it for the Cityts approval. The Engineering: :Department is requesting that the map be again approved. ; I : !By motion of the Council the final map of Falcon FIills was jDunne :approved. :Neiswender I 6 t I c I" """ I 6 I I I I I I I I I !Jardine I I :iiughes ~APPRGVAL OF BILLS AND ~~ATIFICATION OF PAYROLL! I I * I- "" I I 1 8 0 :Authorization was given for the payment of bills for the gerf - !era1 expenses of the city in the amount of $22G, 130.16 and I ithe Viater Department in the. amount of $6,854.68 for the :Dunne :period February 2, to February 16, 1965, as certified by iNeiswender ithe Finance Department and approved by the Auditing ComGardine :mittee. I jI.Iughes I I I I 8 8 & a I I I I I <, 0 e L t I 1 I , .* '\ '\ 'x, 'x t '., '-, '*, 1 ; of '$ 1 4 \'", 1 I I I I I I % ' ', I I -6- i Name '\, ', '=* ;~"~""""~""~"""""""""-"""""""~""""""""" .,~~.B2~D..DB8*8*11l1Y- : Member f Rat:&ation of the payroll was given for the first half of i Dunne : February, 1965, in the amount of $18, 248. 21, as certi- ; Neiswends i fied by the Finance Department and approved by the Audit: Jardine : ing Committee. : ihghes i ADJOURNMENT: : By proper motion the meeting was adjourned at 8:12 P. M.: : despectfully submitted, I I 1 I I I I I I I I I I I 1 I I I I I I I I I I I 1 I I 1 4 I I 4 I L 1 I I I I 1 I I I I I I I : * I I I I : I I I t I I I t * * I I I 1 I City Clerk I I t I I I I I I t I I I I L t I * 8 1 I I I I I I I I I & I 1 I I I I I I ! ! 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