Loading...
HomeMy WebLinkAbout1958-08-11; City Council; Minutes10- RESOLUTIONS OF APPRECIATION - NOS, 426, 427, 428, 429, 430, 431, 432: The. City Attorney read Resolution No, 426 expressing appreciation for the spefid.id work done as a member of the Mayor's Advisory Committee, and explained that Resolutions Nos. 427 through 432 were identical and directed to Messrs. Grosse, Cockrill, Trask, Rasch, Garland and Jarvie, respectively,. other members of the committee, Cmn. Helton moved adoption of Resolutions Nos. 426 through 432 as presented. Cwn, Sonne- man seconded, Five ayes, no nays, Resol'utions adopted, Mayor Lough called, the Council's attention to an incorrectly reported item in the Carlsbad Journal of July 31st which gave readers the im- pression that the Council had taken action to discard the salary plan whereby the employees receive step:- increases in pay at regular inter- vals. Mr. Joe Heredia, reporter for the paper, was present and was asked to make certain that the paper prints a correction in the next issue, ; Due to lateness of the hour, it was decided to postpone discussion on the Harbor Commission to an adjourned meeting on Monday, August llth, ' .. l 11- PAYMENT OF BILLS - RATIFICATION OF PAYROLL: - ,J "4 D ; 2 t 2- I Cwn. Sonneman moved that the bills from July 15th 'to August Sth, 1958, totalling $10,883.77, be paid. Seconded by Crnn, Ledgerwood. Allayes, mat ion carried. Cmn.. Ledgerwood moved ratification of the payroll from July 15thTto 31st., 1958, in the amount of $8,974.83, as certified by the Director of Finance, and approved by the Auditing Committee. Seconded by Cwn, Sonneman, All ayes, motion carried. ADJOURNMENT: Cmn. Grober moved .that the Council adjourn this meeting to Honday, August llth, at 7:OO Pelt, Seconded by Cmn. Helton. All ayes, motion carried; meeting adjourned at 12:lO A.M. Respectfully submitted, . % - e- NAT,ALIE VERMILYEA v ""-"""-"""""~~"~"""""-. MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COUNCIL August 11, 1958 I- The meeting was called to order at 7:OO P.M by Mayor Lough. Present besides the Mayor were Councilmen Ledgerwood, Helton, Councilwoman Sonneman, City Manager Nelson, City Attorney Smith, City Engineer Kuboat. Absent (until 8: 20 PLM, ), Councilman Grober, 2- A short invocation was offered bv Cmn. Ledgerwood to open the meeting. 3- WR%TTEX CORRESPONDENCE: l a) Copy of letter from Floyd D. Young, Terramar, addressed to the San Diegc County Health Department, was read, protesting approval of Terramar Unit #6 and expressing the hope that no more development of the area would be approved unti1 sanitary sewers are installed. He cited instances of raw sewage appearing on the beach and maintained that soil percolation conditions are unsuitable for septic tank disposal, It was agreed that Mr, Young should be informed that the County Health Department's reversal of its earlier stand, and its ruling that .devel- opment of .another 50 units would not materially affect the public health made it more or less mandatory for the Council to approve the tentative map. b) Letter from Eddie Kentner, Twin Inns, requesting renewal of conditional use permit for his sign on the Freeway at the North City Limits, stating Chat he had only recently become aware that the former permit had ex- pired December 31, 1957. City Attorney Smith pointed out that the ori- ginal permit had been granted under the old zoning ordinance; and that ik any renewal would be subject to provisions of 0rd:inance #9060. 'Mayor Lough appointed Cmn. Ledgerwood and Cwn. Sonneman as a committed .to make a detailed .study of the proposed sign and conditions under which the per- mit could be granted, and report back to the Council at its ne'xt regular meeting. City Attorney Smith was asked to advise the committee re: con- to1 provisions als soon as he has had 'an opportunity to check the ordin- ance. $- ORAL COMMUNICATldNS: There were no oral communcations. 5- PLANNING. 9) RECOMMENDATION OlN CIVIC CENTER PLAN. The City Manger reviewed Resolution #349 dated March 4, 1958, describing the block bounded by Pi0 Pico, Laguna Drive, Elm and Eknwood, as the Carlsbad Civic Center, and reminded the Council that the drawings considered by them at the meeting of August 5th were the culmination of the architect's work on a more detailed plan of location of the various buildings, as authorized by the Resolution. There was further' discmssion on the Zahler property,l.located on Elm and Elmwood, consisting of approximately 13 acres, the members feeling that the appraidt value of $33,500 is somewhat excessive. In view of the Zahler's request that some decision be reqched before the end of August as to whether the City will purchase the parcel or release it from the Master plan, t.wo possible means of financing a purchase were discussed: (1) increase in tax rate; or (2) putting up a bond issue at the next general election. Mr. Nelson informed the Council that he had talked with the Zshlers' attorney but would negoti.ate a.leask-purchase agreement on the balance. The City Attorney pointed out that -inclusion of the land in the Master Plar in no way prejudices the owner's right to sell or improve the property, until a precise plan has been adopted; that, on the other hand, deletion of any portion of the property from the Master Plan would require action by both Planning Commission and Council, public hearings, etc. After considerable discussion, by common consent the City Manager was asked to again approach the owners as to how far they would be willing to work with the! City on any agreement which would permit retaining the property within the Master Plan, in consideration of the City having very little cash; however, if the owners feel it necessary, the Council would consider removing the parcel from the Master Plan. b) FEDERU CENSUS TRACT PLAN: Mr. Price informed the Council that the matter is not ready .for8 discussion. c) BIRD' SANCTUARY MEETING: Mr. Nelson reported that a group of approximately ' 60 interested persons had met at the City Hall Annex on Wednesday, August 6th, to discuss the possiblity of creating a State-controlled Bird Sanct- uary of the Buerla Vista Lagoon, now protected only by, City Ordinances of Carlsbad and Oceanside prohibiting shooting within the City Limits. He stated that a f t,er a very good discussion, a motion was unanimously passed that Mr. Gardner of the County Park b Recreation Department make a request of the Board of Supervisors that they ask the State Division of Beaches and Parks to make a study of the possibllity fo the State ac- quisition for a State Park; also looking into the possibilities of al- lowing quiet wat;er boating, and considering mosquito and gnat control. PUBLIC SEKVD%B. a) 'SEWER LATERAL INSTALLATIONS. The question of whether the City should assume the work of installing sewer laterals upon the expiration of Leo Williams' .contract on August 21, 1958, was discussed. Mr. Kubota pre- sented a report indicating that such a step would 'involve the addition of two laborers at a cost of approximately $6,200.00 (on a pro-rated services basis) and an outJay'of approximately $5,000.00 for equipment (back-hoe) which would be used also by the Wake6 Department; that he would estimate about 100 services would be installed next year at approx- imately $100.00 each, for a revenue of approximately $10,000.00. It was brought 'out that pir. Williams'' average charge per lateral: is $85.00; and Mr. Kubota stated the had made a study of other nearby cities and found that in every case their charge was higher than $85.00. Asked by Mayor Lough W&&her he felt the City would break even on such an operation Mr. Kubota stated he believed they would not. Mayor Lough appointed Cmn. Grober and Helton to meet with the City Manager and City Engineer and prepare recommendations to be considered at the regular meeting of August 19th. b) PIPELINE LICENSE - AT b SF RAILROAD: 4-8 License granted by the Santa Fe Railroad to the City to allow installa- tion of a water line under. th"rtracks at the former south city limits to' serve Carlsbad Industrial Development and Solamar Estates was read by the City Manager. Cmn. .Grober arrived at 8: 20 P.M and conditions of the permit were summar- ized for his information by Mayor Lough. The City Attorney was asked whether the permit was proper as to form,. and stated it was, Cmn. Helton moved that Mayor Lough be authorized to executc on behalf of the City of Carlsbad the pipeline license granted the City by the AT @ SF Railroad. Seconded by Cmn. Ledgerwood, All ayes, no nayes, motion carried. I c)SEWAGE TREATMENT PLANT OPERATION. Mr. Nelson read a letter addressed to B! Phelps by Mr. Kubota in june, requesting that he make an inspection of thc sewage disposal plant since his earlier suggestions regarding a roof on the Imhoff tank had been complied with, and also informing him of aunew difficulty (ponding in the trickling filter) which had developed. The Council was informed that Mr. Phelps had not replied to the letter but hac verbally agreed to come up, which he had not done; and during liis latest i conversation with Mr. Kubota had stated he would expect to be paid for an inspection visit. 3 Mr. Kubota gave a report on the present operation of the ,plant, following -4 3 the roofing over of the Imhoff tank, stating that the scum formation was E building up, since it was no longer accessible for hand-skimming, until x at the'present time a layer of approximately 13 inches covers the tank. J He stated he was somewhat alarmed that the .,action of the clarifier was being impaired, and was anxious to have a consultation with Mr. Phelps as soon as possible. The feeling of Council members was that perhaps ex- pert advice should be sought elsewhere, and' the City Attorney was asked re: legal ,aspects of the situation. He stated that the City would have no recourse against Mr. Phelps .unless it is established that the plant was not designed or constructed in conformity with the usual type of construcl ion. Mr. Kubota was asked fo.r an estimate of the cost of obtaining ad- vice from another consulting engineer and stated he believed it would cos1 $50 to $100 per day. Cm. Ledgerwood moved that the City Engineer, .through the City Manager, be authorized to employ advice of an outside consultant engineer, to a maximum of $300.00, to make an inspection and examination of the sewage disposal plant; and to submit a written report 66 the Council. Seconded by Cwn. Sonneman. The City Attorney emphaaized that the City's right of action against Mr. Phelps should 'be preserved by limiting outside servicei to advice and consultation, as any alterations in the plant itself as to design or construction would impair that right. Vote 'on the motion: all ayes, motion carried. I a) STREET CROSS-SECTIONS: Mr. Nelson read a memorandum of June 17th from the ~ Planning Commission recommending adoption of typical cross-sections for streets in the City of Carlsbad, and passed copies of sketches. to members After a short discussion, Cmn. Helton moved approval of proposed typical street cross-sections: as submitted by the Planning Commission. Seconded by Cmn. Ledgerwood, All ayes, motion carried, After a 15-minute recess, the Council reconvened at 9:25 P.M. e) REOUEST FOR SEWER STUDY, AREA NORTH AND EAST OF AGUA HEDIONDA LAGOON. The City Manager read a letter from K. E., Ebright and Allan Kelly, land- owners of the area north and east of Agua Hedionda Lagoon, requesting tha. the City Engineer make a. study re: feasibility of l9ll Act sewer improve- ment of -the north shore of Agua Hedionda lagoon, bounded on the west by Priatels' Cove and on the. east by El Camino Real. The request was briefly discussed and the &udy authorized by common consent of the Council, f) STORM DRAIN - MAEZEL DRIVE. -m-ei,.Kubota explained a proposal to install I' , a storm drain .in Maezel Drive, a n,ew street in PARaDISE ESTATES #2, at an estimated cost of $2490.00, to which the City would be entikhd to a $5OO.00 credit from the subdivider, to' ~~~e~.c~~e~~f~~~he~.~~n~~~~~e~ storm drdinegB flow created by recent development of surrounding.areas. During discussion, Cmn.. Ledgerwood brought out that part of the difficulty is a result of clogging of the ditch on the east side of Monroe, from lack of cleaning out, so that it no longer will carry the flow from Chestnut and the cultivated fields east of Monroe. It was also pointed out,cthat develol ment of the high school plant contributed to the problem, as- the City has no control over establishing grades and drainage facilities on such 'developments, as it does have over all subdivisions. p 3 \J Cwn. Sonneman asked whether it would be appropriate to ask the developers of SEACREST ESTATES and CARLSBAD GARDENS to participate in the cost of the installation, since their operations had contributed to the problem, The City Attorney stated the Courts have held that downstream property is burdened'to receive the drainage from upstream property and the de- velopers could not be held financially responsible for off-site drainage facilities. Mr. Kubota told the Council the job would require 241' pipe and would carry the drainage to a point in the natural drainage channel running into the Hosp Grove, In answer to the question of whether this is the most critical area in the City, he stated it definitely is not, mentioning Park Drive and the downtown area, but i9 was a situation the City was financially able to handle, while the others were not. By common consent it was decided that the project be not undertaken at this time for financial reasons. The Cou.nci1 asked the City Manager to continue negotiations with the Santa Fe Railromad re: assistance with the drainage measures for the ' downtown area. g) BASSWOOD AVENUE; RESURFACING. The City Engineer submitted a proposal of the developers of SEACREST ESTATES, BELLEDONNA HEIGHTS,. and PARADISE ESTATES that they allocate to the City money put aside for the restoring of Basswood Avenue following installation of services for their re- - spective subdivisions, and that the City. do the resurfacing as one pro- ject. Mr. Kubota stated the allocations would amount to approximately $2343.00, 'which. is sufficient to pay f.or the road oil, and pointed out the obvious advanta,ges of this plan over piecemeal resurfacing. After some discussion, Cml. Ledgerwood moved that the proposal of the subdividers on Basswood Avenue be accepted as outlined. All ayes, no nays, motion carriec 7- QLD BUSINESS: a) CHAMBER OF COMMERCE BUJXET: Mr. Albert Carne, Chamber budget chairman, handed Council members copies of the Chamber's revised telikative budget asking $2OOO.C0 in City funds for the current fiscal year. He explained that the item of Christmas decorations had been deleted entirely for the reason that, the Chamber felt that unless suffieient funds were available to do a proper job of decorating the City, they would rather eliminate the item entirely. An additional item of $175.00 was included to cover the cost of printing additional brochures, should the present supply run out. Mr. Carne mentioned that the County will also stand $175.00 toward printing of new brochures. He was asked 'whether it would be agreeable to strike the $175.00 item at this time, and if the need for brochures arises later, consider a request for this amount to be granted out of the contingency fund. Mr. Carne stated it would be per- fectly agreeable if such a request would be entertained by the Council when and if it became necessary. Cmn, Helton moved that the request of the Chamber of Commerce for $2000.00 be approved. Seconded by Cmn. Grober were no funds in the budget for Christmas decorations by either the City or the Chamber of Commerce at this time. - All ayes, no nays, motion carried. The City Manager remarked that there b) REMOVAL OF STRBET TREES: Mr. Nelson read recommendation of the Tree Committee that three trees be removed: (1) a large cypress in the 3600 block Garfield:: (2) a tree at 938 Pine (at request of San Diego Gas 6 ' Electric Company); and (3) a eucalyptus on the north side of Cedar, immediately east of Carlsbad Boulevard, requested by Claud Fennel to facilitate a curb improvement at that point. After some discussion, Cmn. Helton moved that the. kecomrnendations of the Street Tree Committee re- garding the cypress on Garfield and the tree on Pine .be accepted. Seconded by Cmn. Ledgerwood. All ayes, no nays, motion carried. Cmn. Ledgerwood moved that the request for removal of the Eucalyptus at Carlsbad Boulevard and Cedar be denied.. Seconded by Cwn. Sonneman. All ayes, no nays, motion carried. - DISCUSSION OF I3ARBOR COMMISSION: City Manager Nelson read letters from ' W. L. Torres, ]?resident of the Chamber of Commerce, Henry A. Meier, on behalf of Agua Hedionda Sailing Club, and Richard Rrancis, representing the Oceanside-Carlsbad Sportsman's Club,, all urging retention of the Harbor Commission and active promotion of a harbor for Carlsbad. Mayor Lough reviewed sections of the Advisory Committee's report pertaining to setting up of i3 Public Works Commission and delegation of the Harbor Commission's functions to the Public Works Commission and the Park 6 Recreation Commission, with the Chamber of Commerce encouraged to I r) d 3 s 2 I I 9 I participate in promotionaf work. .Cmn. Helton expressed himself as strongly in favor of retaining the Harbor Commission in view of their long experience and valuable contact; on the State and Federal levels; and in answer to Cmn. Ledgerwood's question as to why it was felt by some that a combination of Harbor Commission and Public Works Commission would be undesirable, stated thar from a practical standpoint, it would not seem too realistic to assign duties to a body as yet non-existent, whereas the Harbor Commission doe; exist and has done a good job. Mayor Lough, asked Perry Lamb, a Commission member who was present, when the last meeting was held. Mr. Lamb replied that they had met regularly until the last scheduled meeting when it was impossible to get a legal quorum due to vacancies and inablility of some remaing members to attenc Mr. Jeffers, another Commission member, stated that the Commission had met regularly, onee a month, until three weeks ago when he was out of town and unable to attend a scheduled meeting, and only two members could attend. Mayor Lough asked Mr. Lamb whether it was true that he Savored develop- ment of a harbor in the Los Batiquitos lagoon area, and Mr. Lamb stated he would support a harbor unywhere nearby if it would help Carlsbadfs cause, and quoted a State authority as recommending full support of any proposed small craft harbors along the California Coast'. Mayor Lough stated he would question the value to the Harbor Commission of any mem- ber not fully in accord with the primary purpose of the Commission - to promote development of a harbor within the Carlsbad City Limits. Mr. Jeffers was asked his opinion as to whether a committee within the framework of the proposed Public Works Commission could handle Harbor matters satisfactorily and replied that he did not believe so as the work of the Commission 'had been quite heavy and required a great deal of time and effort . The Mayor read from Section 9 of Ordinance #lo32 to refresh the Council' memory that as set up, the Harbor Commission has concurrent jurisdictior with the Planning Commission and the Park & Recreation Commission. Comments from the audience were invited, and Mr.' Whitey Glissman, .owner of Whitey's Boat Landing, strongly urged reactivation of the Harbor Com- mission on the basis of their previous experience and knowledge of the procedure necessary to obtain State and Federal support. He stated appointments to the Commission should be made only from those primarily interested in developing a Carlsbad harbor. Mr. Max Ewald, former Secretary of the Harbor Cominission, stated he had always enthusiastically worked for and supported and believed in City Control of a harbor for Carlsbad since it appeared that changing Coun- cils could at their will nullify, by a lapsing process, the progress made, he was reversing his stand and would now support vigorously the establishment of a Harbor District. Cmn. Grober expressed concern over the fact that the City itself owns none of the shore land of the lagoon (except a few feet of access land at the Freeway bridge), and stated he questioned whether it was worth while to spend time and money promoting a harbor to benefit private landowners. Mr. Ewald referred Council members to the Patterson Report for. information regarding benefits, financial and otherwise, which would accrue to the City and surrounding areas with the creation of a small craft harbor. Cwn. Sonneman asked whether Ordinance #lo32 would have to be repealed if the Harbor Commission were dissolved, and the City Attorney stated it would. She 'further asked whether any members of the Commission owned land on the lagoon and was advised that none of the present members were property-owners down there but Mr. C. C. Walters, former member -and Chairman of the Commission, is a part-owner of Piratets Cove, along with Mr. Ewald, former Secretary of the Somission, and severa3 other parties Sp.eaking in regard to formation of a Harbor District, Mr. Glissman stated he had tong supported the idea and still believes it is the sol- ution, but feels it should be promoted through the City Harbor Commissio Mr. Henry Meier urged that the City and people of Carlsbad work to- gether to make the Harbor a reality, pointing out that the Harbor Com- mission is merely an advisory body and not- a controlling agency, and that if the City Council wants the Harbor .it should not delay action in c the right direction, Clan. Helton suggested to members of the Council that each read the Pat- terson Report and become fully informed on a matter he felt was extreme- ly important to the Community. Cmn. Ledgerwood moved that the Harbor Commission be retained, and that the Mayor make a,ppointments to fill vacancies, subject to Council approval. Seconded by Cmn. Helton,. Three ayes, one nay, (Lough), one abstaining (Grober - stating he did not feel well enough informed). Motion carried. By pr'oper motion the meeting was adjourned at 11:20 P.M. , Respectfully submitted, c .e& F mfE VERMILY * A , "."""_"-."-_-""""~"~-~-..-.- - MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL August 19, 1958 - The meeting was called to order at 7:O2 P.W, by Mayor Lough. Present be- sides the Mayor were Councilmen Ledgerwood, Heltin, Grober and Council- woman Sonneman; City Manager Nelson and City Attorney Smith. - Invocation was offered by Councilman Ledgerwood. - Minutes of adjourned meeting of July 29, 1958. The Council was informed the minutes had not been transcribed as yet, Minutes of regular meeting of August 5, 1958, The Council requested the minutes to be corrected on Page 9, paragraph 1, to show the figure of $100.00 instead of $10,00. It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that the minutes of August 5, 1958 be approved as corrected All ages, motion carried. Minutes of adjourned meeting of August 11, 1958. The Council requested the following corrections mad.e: Page #2, Paragraph 5 - "now protected11 instead of "no protected" and "within the Citytt instead of "with the Citytl. It was moved by Cmn. Helton and seconded by Cmn. Grober that the minutes of August 11, 1958, be approved as corrected. All ayes, motion carried, - CORRESPONDENCE: a. Letter from IJ. E. Sainty addressed to the City stating he had received a demand from the City to have the streets oiled; this method had been used a few years ago and was not satisfactory. He felt the property owners who wanted their streets improved should pay all expenses for such improve. ment, Mr. Sainty further stated there were some Cyprus branches hanging over the street that should be taken care of . By common consent bhe Coun- cil requested the City Manager acknowledge Mr. Sainty's letter and ex- plain to him the road rehabilitation program is a voluntary program and no1 a demand on the citizens to participate against their wishes; also the City Mangger be instructed go have Mr. Westree investigate the trees in question. b. Letter from Robert D, Garland, Chairman of the Traffic Safety Committee enclosing a letter from Wm, H. Daniel, M.D. regarding the traffic on Ocean Street, and stating the Mayor's Traffic Safety Committee was ap- pointed by Mayor' Castorena and died from lack of official sanction when Mayor Baird failted to take action to keep. the committee going, The matter of continuing the Traffic Safety Committee was discussed, and it was the decision of the Council, the Chairman be informed the Council appreciated the services of the committee and would like the members to continue to serve on the cormittee, and that Dr. Daniel's letter be referred to the committee for their recommendations.' c, Letter from 'E. G. Kentner was read regarding additional stop signs at