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HomeMy WebLinkAbout1957-03-05; City Council; Minutes?I west to Garfield. Seconded by Cmn. Helton. Four ayes, no nays, Cmn. Robinson abstaining, Resolution adopted. City Manager Nelson stated he has received several complaints re: smoke nuisance from the Personal Service Laundry on Elm Avenue. After discus- sion, Mr. Nelson was asked to talk the matter over with the proprietor and attempt to settle, .it,..by agreement. Mr. Robinson, residing on El Arbol Drive in Terramar, requested that an arc.light be installed at thrj south end of El Arbol. Mr. Nelson ex- plained that the Cjtty.has no immediate plans for in.stalling lights on residential streets but that gradually and eventually all street corners in tho City would have at least minimum lighting, Mr. Robinson also asked whether anything could be done for the safety of y0ungsters.i.n the area of the irrigation pond in Terramar, enclosed by a four-strand barbed wire fence, which he felt was dangerous to any child falling against it in play, and not adequate to prevent small children from getting through into the water, which is 8 to 15 feet deep. The City Attorney pointed out that the fence,: on private property, is not in violation of any City ordinance and he. did not believe it. could be legally declared a public nuisance?. The suggestion was made that the property owners petition Mr. Cannon to properly fence the pond, or to contact his insurance car- rier re: the matter. There was a brief discussion re: masures to control noise of unmuffled be instructed to prepare an ordinance requiring mufflers on motor boats. Seconded by Cum. Helton. All ayes, motion carried. Crnn. Baird 'moved authorization of payment of bills from February 5th to 19th, in the amount of $9,735.13, as ccrtifiqd by the City Manager and approved by the Auditing Ccmmittce. Seconded. by Cmn. Robinson. All ' ,ayes, motion carried. Cum. Baird moved ratification of the payroll for the first half of Febru- ary, amounting to $6,592.68, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Crnn. Robinson. All ayes, motion carried, Cmh. Helton moved approval of the minutes of February 5th as written. Seconded by Crnn. Baird. All ayes, motion carried. Cmn. Helton moved, Cmn. Baird seconded, that the meeting,bc adjourned. All ayes, meeting adjourned at ll:O5 P. M. ' motor-boats on the lagoon, and Cmn. Baird moved that the City Attorney 1. &Al#M Res e tf ly submitted, NATALIE VEKM1LYE.A r- v Deputy City Clerk - """"""""-_""""""-~-~"- MINUTES OF REGULAR MEETING.OF CARLSBAD CITY COUNCIL March 5, 19z- " Meeting called to order at 7:OO P. M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Helton, Raird, Ledgerwoo&; City Manager h'elson, City Attorney Smith, City Engineer Kubota. Absent, Councilman Robinson . Cmn. Ledgerwood moved that minutes of the regular meeting of February 19th be approved -as written. Seconded by Cmn.' Relton. All ayes, motion carried. WRITTEN CORKESPONEENCS. (1) Letter from State of California, Department of Public Works, Divi- sion of Highways, signed by G, T. McCoy, State Highway Engineer, request- ing that an esti.mats of highway improvement needs cowring the period July 1, 1956 to July 1, 1971, be submitted not later than August 1, 1957, io accordance with the 1950 Federal Highway Act. By coumon consent responsibility for the 'requested report was placed upon the City Manager, City Engineer, Public Works Director and Planning Commission. ORAL COf4h~UNICATIONS. "-.- Mr. A3. LeFle,ur, principal of the CaIllsbad High ' School now under construction, presented name placques made by Carlsbad students of the 04 High School Woodworking classes, to Council members, and was thanked warmly by Mayor Castorena. I 0 4 n rT" 4. 4 5 I I FT .I PLTITION FOR ORNAMENTAL LIGHTS. Mr. Nelson reported that at a meeting,. attended by the citizen's committee, Gas Company officials, City Attorney Smith and himself, it was the unanimous conclusion that an 1911 Act Im- provement District is the best means of accompJishing the lighting. He stated the lights would be approximately 32' hi$h, of the same type. as exist near Freeway interchanges, staggered on either side of street, ap- proximately 75. to 85 feet apart, 20,000 lumens each, at a cost of approxi- mately $6,25 per front foot of property. He reported that petitions pre- pared separately by streets have been delivered to the Chamber of Commerce for circulation, and when returned, ownerships will be plotted and boun- daries established; After some d,iscussion on the policy to be adopted by the Council as to assuming energy and maintenance costs, Crnn. Ledgerwood moved'that it be established as a policy of the City to. assume tne energy and maintenance costs of any street lighting districts formed. Seconded by Cmn. Helton. All ayes, motion.carried. The City Manager was asked to inform Mr. Eddie Kentner, Chairman of the Citizen's Commitkee, of the , Council's action. ENGINEERING DEPARTMENT. (1) Park a Nonroe Drainage. City Engineer Kubota gave a detailed report on the re-survey made to determine the extent of the drainage area in- volved, and the course of the original channel, outlining on a tracing made from a 1939 topographical map and contour maps the original drainage area and the two historic channels draining same. o Further discussion was deferred until later 5n the meeting, BID OPENING - EUENA VISTA SEWER - 7:3O P, M, Mr, Nelson announced that four bids were received, as follows:' Total Bid (2,). DON HUBBARD,. Encinitas ................ 6,346.50 (3) K. G. ANNIN, Vista .................. 6,932.CO (4) DARWIN TRANSPORTATIOR- COO, Solana Beach , ........ 10,,430.00 ?4r. Nelson reported that $4,530.QQ had been,contributed by property owners to date, leaving .a deficit of approximately $2,800,00 between that and the amount of the.10~ bici, but that he' felt reasonably certain that sufficient funds would come in before .the end of the 15-day period allowed for award- ing the bid, to take care of the difference. The bid opening was tempor- arily adjourned w.hile City Engineer Kubota and City Attorney Smith checksd the bids and inspected them for proper form. PARK b RECREATION COMMISSION. Memorandum was read, recommending purchase of a sprinkler system for Holiday Park of the underground pla,stic type, at a cost of $1.,072.25, with drawing attached showing the proposed layout. 7 Commission pointed out the advantage of having the system installed as. soon as possible, and the difficulty of putting the Park in attractive shape ,with' the present manpower and using drag-around units. After some discnssion, Cmn, Bair.d moved that tile City Manager be empqwered to use ap- proximately $,1,072.25 from the Contingent Fund for the installation of thc sprinkser' system in Holiday Park, as recommended by the Parks & Recreatiol Commission. Seconded by Crnn. IJelton. All ayes, motion carried. POLICE AND FIRE DEPARTMENTS. Xonthly reports read and filed. Mr. Nelson reported that he had been contacted by Gas Company offkials re LI lagislation which would -allow delivery of natural gas to trailer parks un der a newly developed system which is considered safe, if Cities will ade regulations and ordinances permitting same. He stated the idea is oppose by the Department of Public Health on the grounds that the process is .not . foolproof, and also would tend to make trailers permanent homes, in oppo- sition to the State's policy of keeping them mobile. It was decided af- ter' a brief discussion to defer the matter .until more information is available. . (1) LEO WXLLIAMS, Carlsbad ................ $7,979.51 Referring back to the sewer bids, the City Attorney reported that the low bid, submitted by Don Hubbard, is in proper form. Cnn. Ledgerwood moved that the City Manager be authorized to award the contract to Don Hubbard .when sufficient funds have been received by the City, and proper contract documents are submitted. Seconded by Cmn. Helton, All ayes, motion car- ried, Joseph Spano, one of the sewer petitioners, was present and ex- plained that he had talked with .practically every property-owner in the area and could assure the Council that the money for at least three or four properties would, be paid in within two or three weeks. The Park Drive drainage discussion was resumed. Mr. Kubota repeated his earlier report for the benefit of Mr. and Mrs. Parsons and Bruce Jones, affected' properwty owners, and further. discussion centered around the prob- lem of determining a division of the drainage between the two original channels. It bras suggested that an area from the summit of Skyline Drive (outlined on thle map by Mr. Kubota) be drained into a catch basin to be installed east of the junction of Park Drive and 'Monroe, drawing it, into the eastern channel, and allowing the balance to run off as planned in thc .. orighal survey by Mr . Kubota. By common. consent , the City Manager, City Engineer and City Attorney were instructed to get together and frame a re- port on cost: estimates, etc., on this plan, to be-presented at the next Council meeeing:. The Parsons indicated their continued dissatisfaction with the rc3pof.t and stated they will probably file sui%. HARBOR COMMISSION. Copies of the proposed s-year harbor lease with the San.Diego Gas 6 Electric Company were passed to Cquncilmen, and Cmn. Baird reported on the meeting between Gas Company and City: officials, attended by Mr. Sherwin, Mr. Dillon, Mr. Noble, and Mr, Forward. of the, Gas Company, and Mayor Castorena, City Attorney Smith, City Manager Nel- son, and Councilman Baird. Mr. Ewald, representing the Harbor CornmissLon, .read their recommendation that the Council enter into the lease, which provides that same shall be non-cancellable fnr five years, with .option of renewal with provision of cancellation on one year's notice. Cmn. Baird moved tha.t the recommendation of the Harbor Commission be ac,cepted, and that the Mayor affix his signature to the lease with the San Diego Gas b Electric Company. . Seconded by Cmn. Helton. All ayes, motion car- ried. Mr. John McLareln of the. Oceanside Blade-Tribune photographed Mayor Casto- rena signing the lease. After a 15.-&inu$e recess, the Council was .reconvened at 9r30 P.. M. Copies of a proposed ordinance. r.equirhg mufflers on boats were passed to members. Mr,, Ewald. stated that the Harbor Commission had discussed the ordinance at their meeting, members of the Carlsbad,Boat 6 SkP Club present also joining in the discussion. Mr. Ewald read a recommendation from the Harbor Commission that either the ordinance be held for two weeks for further study, or amended to specifically prescribe the type of muff- ler to be used on inboard and outboard motors. He also stated that the matter of rules and regulations was under study by the Commission and a recommendation would be forthcoming by the next meeting. After further discussion, it was agreed by common consent to withhold action on the proposed muffler) ordinance for two weeks, Cmn. Baird was asked to sit in with the Harbor Comission in their deliberations as to harbor rules and regulations. Mr. Fwald reported on three bills coming before the legislature concern- ing small craft harbors: SB #2107, placing harbors of refuge under the Department oC Natural Resources; SB #2109, setting up a revolving fund of $10,000,000.80; and SB #2114, diverting $750,000.00 annually from the Motor Vehicle Fund to the small craft harbor fund, It. was announced that Mr. Bwald will attend the meeting of the California Marine Parks 6 Harbors in San Francisco on Thursday, March .7th, at which support of this legislation will be mapped. He asked that the City Council authorize someone to write letters to Senators and Assemblymen requesting their support of the bills. After discussion, Cmn. Helton moved that two people, to be designated by the Harbor Commission, be authorized to go. to Sacramento at the time these bills are submitted. Seconded by Cmn. Baird. All ayes, motion carried. Mr. Ewald stated that the Harbor Commission authorized Col. Dunne to con- sult with an engineer on the type of docking structures to be adopted in the City and bring in a report to the Commission, who will then make a recornmendation tlo the Council. Mr. Ewald was asked to keep the Planning Commission infor~med on all phases of harbor matters pertinent to their duties. I Mr. Nelson reported that a survey indicates insufficient interest on Skyline Road for sewer extension, at this time; but that approximately 60% of the property-owners on Sunnyhill are Cawohable. By common con- sent the City Atltorney .was instructed to prepare .the necessary resolu- tions, if sufficnent signatures are obtained to initiate 1911 Act Im- provement proceedings on Sunnyhill Drive. Robert L. Watson,, 973 Knowles, asked that the Heal-th Officer be asked to include in his survey of that area a check into what seems to be a seep- age problem from homes on .Skyline Road onto the lots below. lie was advised that this will be! done. I 3 9 y: c d -f l I 7 L,, City Manager Nelson read title and .number of proposed Ordinance #602l, amending Ordinance #6020, prohibiting pitching of teats and overnight camping within the City of Carlsbad. Cmn. Baird moved that this consti- tute first reading of proposed Ordinance #6021. Seconded by Cmn. Helton. During discussion, Cmn. Ledgerwood urged that the Council keep in mind for future consideration the development of some camping facilities with- in the City. Vote on the motionr- all apes, motion carried. Proposed Ordinance #6007, amending Ordinance #6005 to provide that the $100.00 license fee on laundry trucks does not apply to diaper services, which shall pay $12.00 per year, was read in full. Cmn. Ledgerwood moved that this constitute first reading of proposed Ordinance #6007. Seconded by Cmn. Baird. Three ayes, one nay (Castorena), motion carried. Copies of proposed Ordinance #5010-,4, amending Ordinance #5010.(trash ' dumping) were passed to Council members for study pending a recommendation from the City Manager at the next meeting.. There was some discussion re: licensing of realtors doing .business in Carlsbad but having no office in the City. Mr. Nelson stated a check with other Cities indicates it is common Rractice, and the City Attorney stated he felt the present business licensing ordinance would cover the matter under the section on professionql licenses ($30.00 per year). By common consent the City Manager was instructed to levy a business license tax on out-of-town realtors under the section covering professional licenses.. Reporting on other matters discussed at the ieeting with the Gas Company, Mr. Nelson stated: (1) that the'$ agreed .to +givQ the City the beach permit discussed ,at an earlier meeting; (2) that they are interested in an 'additional water supply if a line could be extended'down the railroad tracks to the Carlsbad Industrsal De- velopment tract;. (3) they would prefer to be excluded from'ths annexation but would not protest, if their property were to become an island; (4) that, regarding spoii from the dredging on the beach, it is necessarj to do the, dredging when there is a southerly current, but they will delay the.work as long as possible, to avoid the tourist season. BENCH ADVgRTISING. Mr. Nelson reported that the Stanley Advertising Agency feels that the $5.00 per bench license fee is high in proportion tc their revenue, and, inasmuch as placing of these benches is of benefit to the. public, no charge should be made. He suggested that if Mr. Stanley will provide insurance and the City can control the locations and number J of benches, they should be allowed to place them free of charge. The Council agreed to take the matter under consideration. After a brief discussion, it was decided to ask the, Carlsbad Municipal Water District to meet jointly with the Council re: distribution of water to the proposed annexation area, possibly by adjourning their meeting of the 6th to March 19th. There was same discussion re: developing opposition to the City's propose1 purchase of the Carlsbad Mutual Water Company, led by an attorney from, Terramar, and an educational program to combat same, but no action was taken, The Mayor announced a meeting to take place at 9:OO A. PI. Saturday, March 9th, at the elks' Club in Oceanside, re: water, to which all Councilmen are invited.. Kr. Nelson reported that Mrs. Finis Johnson, president of the Wpmen's Clu had contacted him re: a gift the Club wishes to make to the City Council of a mantle clock. The. Council expressed grateful acceptance. 01 The City Manager announced the qeague of California Cities meeting in Carlsbad at Twin Inns on Friday, March lsth, at 7:OO f. M., at which Elr. John Coiton of the Fire Underwriters will show a short €ilrn, Mr. Nelson reported on correspondence with the State re: reimbursement of $5500.00 on the Civil Defense fire truck. Cmn. Baird moved authorization of payment of the hills 'from February 19th to March 5th in the amount of $15,510.52, as certif5ed by the City Manage J 7 and approved by the Auditing Committee. Seconded by Cmn: Ledgerwood. All ayes, motion carried, Cmn. Baird moved ratification of the payroll for the last half of Febru- ary, 1957, in the amount of $6571.96, as certified-by the Director of Finance and approved by the Auditing Committee. Sqconded by Cmn. Ledger- wood. All ayes, motion carried, The meeting was declared adjourned at ll:4O P, M. V &&* especQf ly submitted, 'NATALIE VERMILY Deputy City Clerk ..."""""""""""""""""- MINUT'BS OF REGULAR NEETING OF CARLSBAD CITY COUNCIL March 19, 1957 Meeting called to order at 7000 B. M. by Mayor- Castorena. Present besides the Mayor were Councilmen Ledgerwood, Baird, Helton, City Manager Nelson, City Attorney; Smith, CityeEngineer Kubota; Absent, Councilman Robinson. Cmnr Baird moved approval of minutes of the regular meeting of March 5th as written. Seconded by Cmn, Ledgerwood. All ayes, motion carried, BUENX VISTA SEWER EXTENSION. City Manager Nelson reported that the $1800,00 deficiency has been reduced to $540.00, and that Mr. Joseph Spano had volunteered to submit a check for $217.00 with the request that the City advance the remaining $333.00 from the revolving fund. Mr. Nel- son recommended t,hat this be done. Cmn. Baird moved that the City Mana- ger be authorized to advance from the sewer line revolving fund the sum of $333.00 on the! Buena Vista sewer extension, and to award the bid to Don Eubbard, the low bidder. Seconded by Cmn. Ledgerwood. All ayes, mo- tion carried, PACIFIC TERRACE -I FINAL XAP. City Engineer Kubota presented final map of PACIFIC TERRACE, fully certified and approved. He explained the im- provements are not all completed but the subdivider will furnish a cash deposit in the am.ount of. the incomplete improvements. City Attorney Smith recommended adopting the map by resolution, although the ordinance does not so provide, to meet requirements of the title companies. Cmn. Baird moved adoption of Resolution #249 approving final map of PACIFIC TERRACE and authorizing the City Clerk to sign the cover sheet of the fi- nal map at such time 'as the subdivider (a) signs a contract to complete the improvements and posts the required bond or cash money, or (b) corn-, pletes the irnprowments to the sa'tisfaction of the City Engineer. Seconded by Cmn. Helton, Four ayes, no nays, Cmn, Robinson absent, Reso- lution adopted, WRITTEN CORRESPONDENCE. (1) Letter from Carlsbad Municipal Water District dated March 8th re: joint meeting with the City Council, suggesting March 27th at 7:30 P. M, as meeting date and time. Mr. Nelson stated the Secretary had agreed to a change of time ito 7:OO P. Me Cmn. Baird was excused at 7:15 P. M. to attend the annual shareholders' meeting of the Carlsbad Mutual Water Company, (2) Letter from San Diego Gas & Electric Company dated March llth, ac- knowledging receipt of signed lagoon lease, and advising that copy of the lease had been forwarded to the attorney in San Francisco for request, for approval by the Public Utilities'Commission. Mr. Nelson mentioned that the lease will become effective April 1st or whenever approved by the -. 'Commission, I (3) Copy of.lette!r from Board of Supervisors, addressed*to R. L. Patter- son, engineer, gramting a @-day extension for completion of his contract on the master plan. of Agua Hedionda lagoon, (4) Letter frsm Board of Fire Underwriters dated Harch 12th, advising of reduction to Class; 6 achieved by Carlsbad, due to improvements within the Fire Department and various other factors. (5) Letter from Carlsbad Mutual Water Company dated March 18th, raquest- ing consent of shareholders to sale of assets of Company to the City for P I. 0