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HomeMy WebLinkAbout1961-02-07; City Council; Minutes* : -88 '8 ', -\,,-8, ', I ', ..:L ?,. 8. 8 ' i Date of Meeting: ..Februtiry 7, 1961 : Name "N,;'?$,,,~ '\ *, '\4$ .?A : Time of Meeting: 7: 00 Pi M., : of ' 0 \+, '\ **. :, Place. of Meeting: , .Council Chambers : Member ,O@~*\O\, ~~"""""":"""";"."-"""~""""~""""""""""""""""--~---"----"-"-----""~-- ; :.., : .. I :::: : ROLL' CALL was &iswered by Councilmen Guevara, I I :::; i Bierce, Sonneman, McPherson and La iloche. Also I :;SI I 11 : phent were City Manager Slater and City Attorney Haye& :::: :@I1 I:'# I I :;:: i ALLEGIANCE to the Flag was given by the Council. I I 81 I t I :I:: I I 11:; : INVOCATION was offered by Councilman La Roche. I I :::: Ill( I I I ii:: : APP8OVA.L OF MINUTES: 1 :;:: I I 11:; I 811) l a. Approval of the minutes of the regular meeting i Guevara i i i xi i of January 17, 196 1 were, approved as submitted. : Bierce :xi :xi I I i McPherson i :x! xi i cIry OP-CA~LSBAD 1 * 8, ', ', P ,I : ' M-hutes ofi:.' . . .: ./ CITY .COUNCIL-~(~e~~lar meeting) .i' li, '8 '*, . . '\ , *, *, ', .2... 3 B '8$@ \ 4 '\$* I I I I 1 I I I I I I I : Sonneman : : :x; I : La Koche : : :x; I I :!!I I I i CORRESPONDENCE: i Fennel requesting permission to connect to the 6" water i i main in Normandy Lane through the easement used for i : the sewer, which was recently granted, to serve his I 1 i house on Pacific Ave. i The City Manager requested permission to read Item (f) I : on the agenda, as it related to this same matter. I I I I I I I I I I I I a. Letter dated January 20, 1961 from Claud J. I I I I I I I I I I I I I I f. Letter dated January 31, 1961, from Mrs. Yvonie i C. iEiddle, 626 1 /2 Eucalyptus Dr., El Segundo, Californi$t, I protesting against the .City.allowing sewer or water servie ; through easements for. property owners on Pacific Ave. : i It was her feeling that all the property owners should havd : to bear the burden of the cost of these facilities, and re- i i quested the City to entertain a petition to form an assess-: : ment district for the water and sewer lines; That the i i Engineering Department present an estimated cost for : : both sewer and water line on Pacific between Garfield I I and Mountain View, under .the 191 1 Act Proceedings and I , : on a cash basis; and also she would like to know the I i owners of record of lots 23, 25, 26 and 27. i It was pointed out that in granting the permission to Mr.' i : Fennel to connect the sewer through an easement, that at : i such time an improvement district were formed he is I ! obligated to pay his proportionate share. I I I I I 1 I I I ! I;;* :::i :::I I:*: :;#I ::@I :;I: I::: ::;: ::j: 11 *I II @I ;i:; ::;I :::i :I:; :::I 81;: ::I; ::;: ::i: i::: 1:1: :::: i::: 1::: :::: :;I: i::: ;::: ::I :: ;::: 891 11 .!I: i:li :::: ::;I I::: ;::: ii:: ,!:: : It was agreed by the Council that this matter be referred i ;::; I back to the staff for further study and that a report be i 1::: ::I1 i made back to the Council. I I ,; I : I I I 1:;: I ! :!I: B I 1 I b. Letter dated January 18, 1961 from Howard I : Demler, 1565 Chestnut Ave., objecting to the loose rock i i having been placed on Chestnut Ave., which causes a : great deal of noise. Also a speed limit should be placed i i on the street. The City Manager advised the Council the : : loose rocks were the seal coat which was a part of the i i paving, and as to the speeding the Police Department is : ; patrolling the area. Cmn. La Roche stated he felt there i i should be a speed limit posted and also there should be : : a load limitation, as large cement trucks and semi-truck4 ! will soon cut up the street. He suggested a 35 mph limit : : I be posted. The City Attorney was instructed to prepare I, : an amendment to the ordinance, requiring a 35 mph speed! i limit and also a load limitation for Chestnut Avenue. I I 0 I ! 1 I i;:; :I;: :::: :I:: l:ll 41;; :I:; I:Il :I:: ;::: :::; I!:: 1::: :::: I::: 1::: ::;: :I:: $1: 11 '4 I!!O 1 I C. Letter from McDougal Sanitation Company re- ! ii:' I :xi ;i;; i questing that the name of Glenn I. McDougal be added .to i Guevara : his application for public necessity and convenience, : Bierce I ; ;xi i which is presently known as 0. P. McDougal Sanitation Cd. Sonneman i : : x: : By motion d the Council 0. P. McDougal was permitted ! McPherson: :xi xi c I to add the name of Glenn I. McDougal to his application. : La Roche ix I : x; : I ; I : ; $ I I I : : I * ; I I!? I-1 t ; I # ; :,:,i! I 1 ; 1 1 I Ib ).Y. I,:.>. :I I I. I 8 I I I I 1.1 ** * I I I I I I I i' , \\ 8, .x, '\ ', '* 3 \, 88 8 ', '\ '\ -2 - , t', \ 8' '., '+\ y+, 9 4 I I -. ' ' -8 -\,a I I i N a me 88 '?&8 '8, \$>, I I i of ''$8@8 ' 8*, I f Member +iL\o.;'@' *$f@.*'f$b I pi:: # d. Letter dated January 20, 1961 from Verne E. ! ;;;:: 1 I:::! i::!: :i:': ;x: ' B ;""~""""""""""""~"""""""""~"~"""""""""""~~"""-""""-""-""". '6 i Geissinger, President of Allnav kc., subdividers of 1 1;:Il : Las Flores Place subdivision, requesting that the ease- i ;ll'l i ments pertaining to Las Flores Place subdivision be ) ::::I ; removed and the County records be corrected accordingly: 1:; 1: i New easements to provide for the placement of utility polejs : have been granted to the San Diego Gas & Electric Co. ; Guevara : i l : i and to the Telephone Company. By motion of the Council i Bierce ;x; ;x: 1 ; the City Attorney was instructed to prepare the necessary: Sonneman : : ;xi ! i documents vacating the easements and to correct the i McPhersoni : i x: i : County records. : La Roche : !x: xi : I $ 1 I I:::: I 8. Letter dated January 30, 1961 from Lewis L. : '::a1 i Chase; President of the Carlsbad National Little Leage, i 11,:; ::::I i requesting the Council to again provide maintenance for i ;:el: : the 1961 season of the two Little League Baseball parks. ; ::::: ::::; i This would include the Pine St. School and the Jefferson t ::p: : Street School. The Mayor stated she felt the City should i i do everything possible to encourage this recreation. The ; $11 :!I:: i City Manager informed the Council due to the heavy workf ;a::; i load of the Public Works Dept., it makes it difficult tu i : designate certain employees to take care of the fields. Sd i suggested that a High School student be employed to do thit Guevara i ! : x: ; : maintenance work. By motion of the Counicl the City ; Sonneman i i i xi ; i Manager was authorized to employ the necessary person- : Bierce ;xi :x; i : ne1 to maintain the baseball fields for the Little League i McPherson I ; !x! 1 i Baseball Clubs, : La itoche ; !x: x: j I 1 l.!l! I I 11 I I 11 :::;; ::::; :I::; * ::; I I I I g. Letter dated January 31, 1961 from James A. : i Scanlon, 2955 Elmwood Street, requesting the City Councfi i to consider some soution to the drainage problem which ; 1 is unsightly and also causes an unsanitary oondition. Thid ; problem is caused from the drainage off Highland Drive i : which flows down the length of Elmwood and settles in ; i front of his home and in front of the two adjacent homes. i i The City Manager informed the Council the Engineering : : Department had worked out a plan for the drainage on i I Elmwood, but the plan involved the purchase of a small : : triangle of property owned by Mr. Zahler, and at that timb i he was not willing to sell this property. The Alternative : : solution would be to down-grade Elmwood approximately i i three feet. After consideration by the Council the matter : ; was referred to the staff for further consideration, and i i it was suggested that Mr. Zahler be contacted again to : : see if he would be agreeable to selling this triangular i i section of property. I I I I i ORAL COMMUNICATIONS: 8 t I There were no oral communications. i BID OPENING: I I I I I I I I I I I I I 8 I I I i The Mayor announced this being the time and place fixed I : for the opening of bids for the $300,000 bonds of the City i i -of Carlsbad, California, designated "WATERWORKS I REVENUE BONDS, 1960", and numbered 1 to 300, in- i i clusive, the following bids received pursuant to the notice: : of sale were publicly opened, examined and read: 4 ! + 4 :::I; ::::; ;; If ;:::I ;I!;! ;:;: I1 : :': 1;: ::;; ::;I :::: ;#I: ;::: ;::: 1:: ;;:: :;:: ;::: 1;11 ::;I 11;; :Ill 8::: :::: :::: ;: :;:; :,'I ;::a 1:;: :;I: i:iI :::; $81 (:I ::a: :;;: .I#, #()I 'tb: 18 i::; ;VI: I'jl :a 4: b 4.11 b I I I I ALLISON-WILLLAMS COMPANY bid par, accrued i e i interest to date of delivery and a premium of $75.00 for i : bonds bearing an interest rate of 4 114% per annum, pay- : i able annually for the first year and semiannually there- i : after. 8 I 8 I I s I I DEAN WITTER & CO. bid par, accrued interest I i to date of delivery and a premium of $300.00 for bonds i ; bearing an interest rate of 4 1 /4% per annum, payable ; I annually for the first year and semiannually thereafter. : I I I 4 I I 1 1 4 I I I I I I ;:;; ;::: ;::; ;::; ;::; :::: 1;11 :!:: -**I ; :' :le, *: :::; :::: 1;sl :::: :a:: :ii: ;I I' ;:I: l!c; I : :I:: D I I I I I -1 8.' I "\, "x?, 8%' 8 8 888", 1 I I \\\ '.\., '8, '8 '\ 45 I ! N a me *<, "&, ' 8' '88% 1 i Member \?b $'@.+\g\d 80.4 8..t'.fq I I ;:::j 4;:; I -3- I : of '+$??\ \\ .dr I ;::;I '\, ', '\ '8 't I :"""""""""""""""""""""""""""""""""""""""""""""""""," I date of delivery and a premium of None for bonds bearing: ::I:; : interest payable annually the first year and semiannually i :8l:l i thereafter at the rates of: I & I I BLYTH & CO, I INC, Bid par, accrued interest to i :I::: I 1 iii:; I Rate Years I :;I" - 1 ::; I ::#:I I 4 112 $6 1965 to 1974 I :;:I; I % 1975 to 1979 I :::;: I 4 114 70 1980 to 1989 I ;::a1 I 1:::; I 4.10 70 1990 to - - - I I ::::; I I :tl:l I I I I I I I I I * I - I I I 1 I 4 I I I I l!!t! I I I MERRILL LYNCH, PIERCE, FENNER & SMITH ! i bid par, accrued interest to date of delivery and a premiGm i of $148.00 for bonds bearing interest payable annually thel : first year and semiannually thereafter at the rates of: i I " ! I I I:;:; ::I:; ::i:/ ::::; ;:::I ::;:; -1 D I I _IC I I I I I I 1 I I Rate Years I I I I I - I 4 i12 % 1965 to 1974 i I 4.10 '70 1987 to 1990 i I TAYLOR AND COMPANY, FRANK AND RQBERT i I 4 114 % 1975 to 1986 : I ! BENDER CO. bid par, accrued interest to date of delivety i and a premium of $69.00 for bonds bearing interest pay- : : able annually the first year and semiannually thereafter i i at the rates of: I ! I I I I I I I 1 I itate I 4.20 70 - I I 4 1/4 % I I 8 I I I I Years 1965 to 1989 : 1990 to Maturitj I I I I I JOHN NWEEN & CQ. bid par, accrued interest : i to date of delivery and a premium of None for bonds bear/ ; ing interest payable annually the first year and semi- I i annually thereafter at the rates of: I Rate Years I 3 314 % 1965 to 19'72 : I 4 % 1973 to 1979 I I 4 118 % 1980 to 1990 : I SCHWABACHER & CO. bid par, accrued interest i I I I I I I I I I I I I I I I I @ I I I I I I I I I - I I i to date of delivery and a premium of None for bonds ' : : bearing interest payable annually the first year and semi! i annually thereafter at the rates of: I I I I I 1 I I I I I I I I I I I I I t 'I I I I I Rat e Year. I 4 318 % 1965 to 1973 ! I 4 114 % 1974 to 1986 I * 4 % 1987 to 1989 : I 3 718 % 1990 to - - i - - - I I I Each bid was accompanied by a good faith check in an i : amount not less than $9,000. 1 ,I All bids were then referred to a committee consisting of : i City Attorney Hayes, Director of Finance Scholink, City I : Clerk Price and Mr. Rafferty, representative of I 1 i Schwabacher & Co., Financial Consultants for checking i ; and computation, a report thereon to be given to the I I i Council later -in this meeting. I I I I I I 4 1 I 9 I I I I I I I ************* 8 1 I I I i The committee appointed to check and compute the bids ; : on the bonds for which bids were opened previously ciurink ; this meeting reported that the bid of SCHWABACHER & ; I CC, is the bid yielding the lowest net interest cost. I I I I 1 I I I I .I ::SI; 1:::; ;:;:; ':;:I ;#I;; i:::; l:ll; :1::1 ;:::I ;:I:: ::::I 0:::: ;:Ill :I::; ::; :i;1 I!::: 1: 'I::: ::::I ::::I ::i:: ;:/I 1:;:: ii;;; ::i:: :::l :: ::'I: 14:; ::::I ::::: 4:;; ::::I ;:::: ::::: ;:::I ;:::: :I::! ;:I ,I::: 1:::; :;I:: /;:; ;: 1o;l; iiiii In::; rill; :I::; !I::; !:;I: ii::: :;:ii ;;::I ))I I:;:@ ;:;:I ::i:: I: ::I:; :::;I 11 I11 (tl11 'I ;::;: I ;.: 4 ; (1#1 I Ill 91 :I::: I ;.; I ; l.!l! ;;:I: (11:l I:::: :::I: 1:::: i;::; :i::: ;;::: :I::: '*, I I I I I 1 I' \, '\ 'x, ', '. .' 8 1 '\, ', 8 ', '\ * , \\ '\\ '\ ', '\ t I I '\ 'x, 8,' "\ '+., I ! I i N a me '8, '\$\ 'x, '\&\ I '.$$3, " 'f+,, -4- I 1 B: i Of \?&%,a\ +$$ :"""""""""""""""""""""""""""""""""""""-~""""*""""""" 6 Member $'@,Fxp$ : After considering the various bids and the report thereon,: I:#: i the following resolution was presented for the Council's i 11;; I review: I I :;I1 !I:: 'I-- I I !::I :::: I I I ;:I; i Res. #714, dESOLUTION OF THE CITY COUNCIL OF i Guevara Fi :xi ! THE CITY OF CARLSBAD, CALIFORNIA, AWARDING I Bierce : jxix: i $300,000 BONDS OF SAID CITY TO THE BEST BIDDER Sonneman i : :xi : AND REJECTING ALL OTIEER BIDS, was adopted, i McPherson i i :x: i i I !lI!l bI I It I I ! La Roche i i :xi ; I PUBLIC HEAMNGS: I 1 I I I ;'ill !::!: ,I I I ::::I I I l a, Reclassification of certain property located east: i of Harding St,, west of 101 Freeway, between Elm Ave. : i and Oak Ave., from Zone 8-3 to Zone c-2. I I 1 f I I ! The Mayor announced this was the time and place set for i i the public hearing on the application of Luise Aguilar for : : reclassification of certain property. The Clerk certified i I as to proper notice having been given to all surrounding : I property owners, The application was reviewed, wherein: i the property owner stated the reason for requesting this ; : reclassification was for the building of a shopping center. i ! A plan of the proposed shopping center was presented for I : the Council's review. I I i The Mayor announced the Council would now hear from al2 i persons desiring to be heard in favor of this reclassifica-: : tion. There were no persons present desiring to be hearc$ I ;;ti! ;I::: ;I;!: ;::I: ,II:I ::::; ::::I 1:'I; @l;:l ::II: ::ii: :::I: ::I:: :$:;I :I::: ;:::: ;:::: ;ii:; :::I: :p:: ::::: :#I:* 1'1 !@l!l I 1 1 ill'l i The Mayor announced the Council would now hear from alf ;:::: I persons desiring to be heard who were opposed to this ; I1 I, :::;; ; reclassification. There were no persons present desirind ::::I ;::I: i to speak in opposition. I I I;':: I I ;;::; i The Mayor declared the public hearing closed. I L I :p:t I I ::::; *1;;1 i aes, #194 of the Planning Commission was presented i :I : wherein they recommended the reclassification of the i I:!:; i property. I I :/::i I I :,::I I I :ii:i i After discussion by the Council it was agreed that the i :;dl : findings of the Council were the findings of the Planning i :;I:: i Commission, The City Attorney presented the following : :r::i : resolution and ordinance for the Council's review: I !;::I I ::i I I I :!;:I i Res. fii715. RESOLUTION OF THE CITY COUNCIL OF! i:::; It I HE CITY OF CARLSBAD ANNOUNCING FINDINGS ANP ;*1:1 i DECISION REGAfEDING CHANGE OF ZONE CLASSIFI- : Guevara I i :x; i :if:: : CATION OF PROPERTY KNOWN AS A P08TION OF- i Bierce ; !x: 3 : i TBACT 115,. CARLSBAD ACi-tE TRACT FSOM ZONE : Sonnernan : ; i ; !I : R-3 TO ZONE C-2, was adopted by title only and further: McPhersoni : : q i i reading waived, ; La Roche !xi i + : I I :I::: i Ordinance No, 9112. AN ORDINANCE OF THE CITY i Guevara : !x: )4' ; : OF CARLSBAD AMENDING ORDINANCE NO. 9060, i Bierce !x: :q : I CHANGING CEBTAIN PKCPERTY FROM ZONE 8-3 : Sonneman ; i i ; il : TO ZONE C-2 IN THE CITY OF CARLSBAD, was give4 McPhersolt: i : q I i a first reading. : La Rocbe I I : d ; I I I 1 :::1, I *'l:l I b. Reclassification of certain property located on i ;:::: : the north side of Tamarack Ave. between pio-I?ico Dr. i :::I: I I :ii:; - I I :';:; I:::I :p:: I 1 I I I I B :ad Adams St. from Zone &-I to Zone R-3, -1 1 I ; The Mayor announced this was the time and place set for ! i the public hearing on the- application of Richard and Audrek ;+:: : Rahe and Richard and Margaret Pharr requesting a change , ;:;:; 11: : in zone classification. The Clerk certified as to proper : :;::; I 11 i notice having been given to all surrounding property owneb, :I::: : The application was reviewed, wherein the property I :;i:; i owners stated the reason for requesting this reclassification ::;:I :I8;: t t:'l; I I !f!!l I I .I I I I ! 1 * :;;;I ! !'I!: **., I I I I I' I \\ 8, -8, '\ '. '\ I I \\ ', ' '\ 'I '' I \ *, '8 ', '\ '8 I I .b I -5- "* 'b,'',, '\ ', '. :--""""""""-"""""""""""""""""""""""""""-~"""""""""~"~~~-~" 1 Member $Q.+'.O'\S I I ;;;;; : was to enable them to build either a duplex or triplex on i ::;:; I their properties. I I ::::: I I 1 I ;;::: i The Mayor announced the Council would now hear from all 1:::: :'I:; i persons desiring to be heard in favor of this reclassifica-/ ::I:: ; tion. I 4 ;:::; ;I:;: I ::i:; ! NIB, RICHARD MHE stated he was one of the applicants: ::I#: I: and it was their desire to build either a duplex or triplex : ::::: t on the property, 1 I $!;I I I l iil:: I 8 b' I I I i N a me ''\, \<%, '*,:% 1 f of '$\O'' '?&&' '\ '6 9% B I I I t * I!:: I i The Mayor announced the Council would now hear from i i all persons desiring to be heard in opposition to this I I f reclassification. There were no persons present de- i siring to be heard. l I I I I I I i I ;;i;i :;I:: ::;:I ;;I01 ::#I, ;:; I;':: !l!!l E i The Mayor declared the hearing closed. I I I ;ai;; I 1 4I;l I I ::!I: I i Res, #193 of the Planning Commission was presented : : wherein they recommended this reclassification due to th{ ,i fact that the property is completely surrounded by property i on which a conditional use permit was previously granted ; ; to the Roman Catholic Church for a parochid school and : ::;ai Ill :;;:: i:;:: ::;:: I:':; :I::: !l:!l - i convent. I I t I I i:ii: !:!!: i Cmn. La Roche stated he felt this should be given further! Guevara i i xi 4 i : consideration. Cmn, La Roche moved that this matter i Bierce ; ((1 ; : :x: i be referred back to the Planning Commission for further : Sonneman : : ; {x; : consideration, 1 McPhersoni : : :x: i The motion failed for lack of a majority, I ;:-I I 6 !::!I I I 0 I I I I : La Roche !x: i $ i ;:::; I I ,I::; I i After further consideration by the Council the following ; I resolution and ordinance was presented for the Councills i pi:; ;:;:; l!!t? i review: i I ti;:; 0 I ::!I: 0 I I ;ii:i i Res, #716, RESOLUTION OF THE CITY COUNCIL OF : ::I:; : THE CITY OF CARLSBAD ANNOUNCING FINDINGS I ::::: i AND DECISION REGALDING CHANGE OF ZONE : Guevara ; : : ixi ;::'I : CLASSIFICATION OF CEEtTAIN DESIGNATED PROPER: Bierce ;xi i x: : i TY IN THE CITY OF CARLSBAD FROM ZONE R-1 i Sonneman : : : X; : i TO ZONE R- 3 was adopted by title only and further ; McPhersoG !x: x: i : reading waived, i La i3oche i : : :xi I I I :::I, i Ordinance No, 91 13. AN ORDINANCE OF THE CITY I Guevara : ; i X: : 8:':: i OF CARLSBAD AMENDING CRDINANCE NO. 9060, ! Bierce !x : :xi : : CHANGING CERTAIN DESIGNATED PROPERTY FROM: Sonneman 1 I ;x: i i ZONE R-1 TO ZONE R-3, IN THE CITY OF CARLSB4D McPhersdn :x; xi ; : was given a first reading by the Council. i La itoche ; : i :x: I I l;:l: I &mmd of all present potential zoning from the zoning ! i map. I 0 . I I ! The Mayor stated she felt that all present potential zoning; ; should be removed from the zoning map, and that she ; I would like the Council to initiate the proceedings. I I I I I t B I i The City Attorney advised the Council this could be done i t by a Resolution of Intention of the Council if they so I I desired, The following resolution was presented for the i : Counc.il f s review : 1 I I I I 4 i aes. #721. A RESOLUTION OF THE CITY COUNCIL i : OF THE aTY OF CARLSBAD, STATING THEIR IN- : i TENTION TO REMOVE ALL POTENTIAL ZONE CLASS; :IFICATION FROM THE ZONING MAP; DIRECTING THq ! PLANNING COMMISSIBN TO HOLD A HEAmNG; TO ; : CONSIDES THIS CHANGE; AND DIRECTING THE I 1 SECRETARY OF THE PLArJNING COMMISSION TO I I I I I I I f I I I I I I I I I I ! :::;; ::;I, :;I;: a*:;! :::;I :::I; ::I:; :;::I :;:I; I*!:! -0i ;:i:; a:*:; :;::: ::::: ;I::* ::p: e:,:: :::;: ;::I: ;:::; t:;:: :*I:; ::I:; l:;*l ::;:: i:;:: 1:;:; :::I: :;,:I :!::I :,I :::;; I: '. ?. B I I , '\\.\\'. \,\, 8 " ' I I ', ',,',, I t I I I ', '.,',,, ', 18 I I / N a me \\\, **%, '~,g~+~, I -6 - b, \ , \ '\,'8, \ ', \, '. \ ' I I ! of iS.0' =. Y& : +ix% q? + q hl;: ~"""~"""""""""-"""~"""""""~""""""""""""""""""~-""""------~-- : Member $'@~,c"~$?2~ I '11 ! ADVERTISE FOB THE AMENDMENT TO ARTICLE 15, i Guevara b i !x! ~ i SECTION 1504 OF ORDINANCE NO, 9060, Was adopted; Bierce ; jxix: ' : by title only and further reading waived. : Sonnernan f ; :xi ~ 1 1 I I i McPherson I i !x: I : La Roche : : :xi I I I :::: I I ::I: 1 I Ill1 I Lagoon lease. 11 I a I,!# i MR. SANBORNE of Kimberly Investments, asked if thed : was any news regarding the lease of the lagoon with the ! i San Diego Gas and Electric Co. : The City Attorney stated that due to the irresponsitility : i of the local newspapers there have been certain facts + I ! printed that were not true. Since these facts were printed: I she has been dealing with Mr. Forward, the attorney for i i the Gas & Electric Co. , and they are in hopes of having i : something to report in a few days. I I ; Due to the misquoting by the press, the City Attorney i i recommended that a letter be sent to the local newspapers: : requesting that any articles regarding city business be : i checked for accuracy before being printed. The City of i ; San Diego is doing this now. The City Manager was in- ; i structed to write a letter to the local newspapers request-: : ing that any articles pertaining to city business be checkedr i for accuracy before being printed. * I * 1 I I 4 I I I I I t I I I ii:: 11:; I::: :;It ;::: :I:: 1::; :;SI ::;: (ill 111: ;;lt :If1 11;: 1;Il I I :I :::: .*I ::I,: "t 'I:;; ::I;~ 11 ::I; :::I :::; ::ti ::!I ;:I: 1 I* *I :!!: '1 18 I I ENGINEERING: I 1 I 1;;l 1 I ::I: I I I I :::: l a. Valley Street Sewers - 1911 Act - 191 1 Act 4- 1::; : Proceedin s. The Council was advised the work had been : 4:: : cornp ete and the next step in the proceedings was to set 1 :;I: I ::ii i a hearing for the filing of the assessment. The City I ; Attorney presented the following resolution for the Councig's :::I ;;I; i review: 1 I;;* I I :;I: I ::i: i Res. #717. A RESOLUTION OF THE CITY COUNCIL i Guevara : : :xi :bF THE CITY OF CARLSBAD, DIXECTING NOTICE i Bierce :I I ; :x: i OF FILING OF ASSESSMENT AND OF THE TIME AND i Sonneman i I :xi : PLACE OF HEARING THEREOF was adopted by title i McPherson : )s :xi i only and further reading waived. i La Roche k f !x: I * 11 I 1 8 I I I 4 I b, Chestnut Ave. - 1911 Act Proceedings. The i : Council was advised the work had been completed for i Chestnut Ave. and the next step in the proceedings was to i i set a hearing for the filing of the assessment. The City : : Attorney presented the following resolution for the I I i Councills review: I I 1 I I I :I:: ::I! !::! ;'I; :I;* ::4 ;$: :::: :e:: b!!l t : Res. #728. A RESOLUTION OF THE CITY COUNCIL i i -CITY OF CAiiLSBAD, DIRECTING NOTICE i Guevara i )c !xi i OF FILING OF ASSESSMENT AND OF THE TIME AND : Bierce ;xi !X: : PLACE OF HEARING THEXtEOF, Assess, District i Sonneman : : ;x: i No. 1-1960, was adopted by title only and further reading i McPherson ; l :xi : waived. ; La EEoche : : !x: I @:.I ti:: ::;I 11 1 I I I I C. Vacation of a portion of Oak Avenue. The Council I was informed that several months ago a petition was re- I f ceived from some of the property owners requesting the : i vacation of 10 feet from each side of Oak Ave, from I : Harding St. east to the I01 Freeway. At that time the i i Engineering Department was instructed to present a plan i i and description of the street before starting vacation I I ; proceedings. A plan of the street was presented for the i I Council to review, and the City Attorney presented the : i following resolution: i Res. #?19. A RESOLUTION DECLARING THE INTEN- : I TTON-OFTHE CITY COUNCIL TO VACATE A POitTIO$ : OF OAK AVENUE IN THE CITY OF CARLSBAD I) I I I 1 I I 1 I I I ! I I 1 I 1 I 8 I I I I I 11;: :::I 1111 1:;1 ;#I1 ;::: I*;: ::#I :::: 0;: ;: 1:: I:;; :I;: !;I: * 111 *!:: (;SI 11;; 'e:; ;;I1 11 I::; :+I 0::: !;I; *I l!!l *-h B I I' , \, 'x 8 ' ' I 1 , . \' I I '\\ '\ ' ', ""\\ I I I I I I \\ \,:\,, '.\ 8, ', 19 I i Name ', '89. \\ '\?i8 I ; of ', ++&, '*, *PA I *+#&&;?@+ ~"""""""""~~"""-"""""""""""""""""""-""""-~~""--""-"-"""""--- f Member ,o~s.,ppc I I i:"' 4: I I -7 - '\\ '\ ', '* 8 ' 8' I 4 I BETWEEN CERTAIN DESIGNATED POINTS; AND i Guevara i i !x! ; i ESTABLISHING A TIME AND PLACE OF HEARING was: Bierce :x; :x: i : adopted by title only and further reading waived, i Sonneman , I ;XI ; I : McPherson : : :x: : I I 1 I I La Roche i :x ;xi i I I I :!!I! I I I d. Gas tax budget proposal. A resolution has been I ;;'" :I1 i received for the adoption of the budget proposed for the i i:;:: : expenditure of the engineering allocation to cities from ; $;dl :I::; i the gas tax funds. The following resolution was presented) :q:; I I I 4';: I ::!!I i Res. #720, A ftESOLUTION OF THE CITY COUNCIL i :::i; : OF THE CITY OF CARLSBAD ADOPTING BUDGET ; Guevara i~ i :x: i i PROPOSAL FO3 EXPENDITURE OF FUNDS ALLOCA- i Bierce : ; ix; i i TED UNDER SECTION 2107.5 OF THE STREETS AND : Sonneman ! i :xi i ; HIGHWAYS CODE, was adopted by title only and further i McPherson i I !x: ; i reading waived. : La Roche 1 :x;x: ' :!#I! I I I ! VI8;: : NEW BUSINESS: I -* t 1 !;:I' 1:; ! :!@I! I t I 1 a. First reading of Ordinance No. 4002, amending ; : Ordinance No. 4001, and adding to said ordinance regard-: i ing certain charges for water services. At the previous I ; meeting the City Attorney was instructed to prepare an : i ordinance amending Ordinance No, 4001, incorporating i : the policy recently adopted by tfae Council regarding water; 1 service charges. The City Attorney presented the follow-! i ing ordinance for the Council to review: I I ! I I ;;;I; I;*:; ::::I @tI:; ::::; i::; 4;;~ ::l*; :;;i i::: 1::; ::;I ?I*! i Ordinance No, 4002, AN OeDINANCE OF THE CITY O$' i::i 1;;: :::: ! OF WATER METERS, EXCHANGE OF SERVICES AND i ;; l1 : RELOCATION OF SERVICE AND LOAN METERS; AND: :::: 1: i FURTXER PROVIDING A METHOD OF INSTALLING A ; ::I; i WATJB MAIN EXTENSION, BEQVIRING THE FAYMENkGuevara I :x;x! i:: : OF THE COST BY THE BENEFITED PROPEkkTY : Bierce :xi :x; i OWNERS, AND FIXING THE SCHEDULE OF CHARGES I Sonneman ; : i X: : TO BE IMPOSED FOR THE CONNECTION TO THE i McPherson i i {x; i WATER SYSTEM, was given a first reading, ; La Roche I ; :xi I :!!I b MENDING ORDINANCE NO. 4001, BY : ;::I i ZEkBA?oAsAm ORDINANCE REARDING EXCIwGd I I i OLD BUSINESS: I I I :i;i I I ;::: ! 1!!4 s a t a. Second reading of Ordinance No. 3043, amendin4 :x; ::,: ;::; 1::: ::;I t I ;t1; l!!l i Ordinance No, 3025, allowing the use of boats without : i mufflers for special events. The following ordinance was! i presented for a second reading: t t I : Ordinance No, 3043, AN ORDINANCE OF THE CITY i ;x: ;:*I i Guevara ; : :xi i SECTION 2, SUBSECTION IC), ALLOWING BOATS : Bierce ix: :xi : WITHOUT A MUFFLING DEVICE WITH A SPECIAL : Sonnernan I : :x: I PERMIT FROM T)PE CITY COUNCIL FIRST QBTAINE~ McPhersoni i i xi ; was adopted. i La Roche : :x:x; I I l(ll I !:!! I 4 I RLSBAD AMENDING O~DINANCE NO. 3025, 1 CITY ATTOi3NEY'S REPORT I I I :I:; f I!:: I 1: I : San DieEGas & Electric Co. rate increase. The City I i mey 1iiEFmedtheGZnZ~~he had received a request : ;;;i 1::: !::r i from Dale Austin, City Attorney of Oceanside, on behalf i ;;i: i of the other City Attorneys of the County, outside of the : :;:: ; City of San Diego, €or this city to contribute monies to 1 :I:: i employ an expert to appear before the Public Utilities : 1::: : Commission, Some of the members of the Council did : :;:: ; not feel the City should spend monies for this purpose, It! ;::: i was suggested that a resolution be adopted and filed with I Guevara : ; i x; :::: ; the Public Utilities Commission opposing the absorbent ; Bierce !x : ; xi I rate increase, By motion of the Council Resolution No. i Sonneman : i i x: ; 722 was adopted, opposing the absorbent rate increase ' ; McPhersoni ! ; x! : proposed by the San Diego Gas & Electric Co. i La Roche : :x: x: I 1:;l I ! $1,' I :: I 1; t ::;: t ::!I 0' :;;I 4 I I I I I I I ::i; ! I % I t I I I I * 1 I I I I ! -8- I I v I I I 1 I I I I I 0: ;""~"""""""""--"""--""""""~""""""""""""""""~.. : Joint Powers Agreement. Mr. Berry stated they are i i redrafting the Joint Powers Agreement and we should re- i I ceive a copy by Wednesday, I I I I I I t .- ', I, ', 8 - . 8 ,' ', \\ 8, 8 ' ' 9, 8 ' 8 8, ', 8, (8, \X\ '8J8, 2 0 '\*a,, ', 'f& iiii ', \ ', '8, ' Na me 'x '%$ , \, '&, Member .$$@,+%p 4 1 6 I :-- 1 t I( Of '& \O x .p8,@$ -"""""""""" ::;I :;;: :It: I!!] i Proposed Legislation - Bill AB 127. There is a bill whicG I;'# :I:: : has been introduced in the legislature by Assemblyman I I*' 1:;: ! Luckel, which if inacted, would require that all meetings : ::;I i be public even if held solely for the purpose of discussion;! ii:: : and it would also require open meetings to discuss pendinq, 4;; : proposed or anticipated litigation with the City Attorney, ; ::I; i notwithstanding the fact that discussion of the subject to : ::;; ::I; : be considered would result in an advantage to an adversar$Guevara i : :x: i of the people or in a detriment to the public. The City ; Bierce : : ;xi : Attorney suggested that the Council go on record as i Sonneman ;: l 8 :x: i opposing this bill. By motion of the Council the Council : McPherson P i :xi ; went on record as opposing Bill AB 127. i La Roche : ix :x: I @I I I $1.1 I I I Condemnation of Long Property. The Council was ia- i : formed that a letter had been received from the attorney : " i representing the Longs, and their appraisal is now I I I $20Jooo; and he is in hopes that some settlement can be : i worked out. I I 1 I I I ! Parking District - Chamber of Commerce. The City i : Attorney and City Manager met with the members of the i i Chamber of Commerce, which included a large group of : ; the downtown merchants; they are interested in forming : ! a parking district, which would be similar to the 191 1 Act! : Proceedings and would be under the Parking District Act i i of 1943. Almost all of the business people were present : : and showed a great deal of interest. I I I I i Ordinance No. 1071 - Street tree planting. The City : attorney stated she had been requested to prepare an i i ordinance for the Council's review, relating to the plant- ; : ing of trees in parkways which might ultimately obstruct : i the view of private property. The following ordinance wa4 : presented for the Council's consideration: t f I I I I t I ;;-I ;::; ;I:: :;:: I::; I ;:#I :; ]I 'I l!!f 1-91 :::: 1::; :;:: ::;: :::: I;:: 1:;: :';; ::;I ::;: ::I: ::;: :;I: :;:: 11;; :::I :;:: ;::: 11;; ::!I II 'I * i Ordinance No. 1071. AN ORDINANCE OF THE CITY I :::: i STE~EET TREES, smms, ETC., OBSTRUCTING THE: Sonneman : : :X: lii: i OF CAR LSBAD AMENDING ORDINANCE NO. 1060-A, : Guevara i i :x: i SECTION 3J RELATING TO THE PLANTING OF : Bierce ; ix:xi : VIEW OF VIEW LOTS, was given a first reading by the i McPhersoni i i xi i Council. : La Roche :x! !x: I I I I $ CITY MANAGER'S REPORT: I I I I # + I I i Parking District in downtown area. The City Manager f i stated he had been asked to inquire of the Council as to I ; what their reaction would be to a reduction in required : : parking spaces, in the event they decided to form a I parking district, It was the concensus of the Council they: f would go along with the reduction in parking spaces. I I 1 Some of the members of the Council felt that the parking i : district was not the answer to the merchants problems. : i It was their feeling the merchants should first do some- i : thing about merchandising. Cmn. McPherson and Cmn. i I Bierce stated, they felt the merchants should be cornmend$d : on'any step they take to improve the downtown area. I I I t I s 1 t I I I : The Tri-City Hospital Auxiliary have asked to borrow the! i benches from the Park €or a dance they are planning to ; : raise funds for the Gift Shop at the new hospital. The i i City Manager asked the Council if they'would be willing : ; to loan these benches, or did they feel this would be i setting a precedent. It was the decision of the Council ; : these benches should not be loaned, as it would be setting! i a precedent. I I t I I I iiii ;::; ;I:: p: *e:: 1::; :; ;I:: ;::; 1::; ::;; :;x: :I:: :;I: ;::; ;::; ::;: #:;I ::I; ::;: :I 1::: i::i :;:: :e:: 1;;l 88;; :*#I ;::e 1::: :*I; :::: la ;;!;~ l!*Il 1 I '1'1 I t t ;:::I I 4 I :;;:; I I I I 1:;;' . I ! ;*,a: ,Ill1 I I I h. -8. =-- 8 ! 8, 'a '*, ',,'%,'N.a I -9- i N&***)$A 't.:. L ' t 0 , +., 8.". ' 23 I : : : Member of .a'$ o t+ ;""**""""""""""~*""~ "" """"* ."" """""""c-"""--~""""- -&"- I I t:!! 0 i Blanket authorization far investments of surplus funds, I : blanket authorization to invest the sumlus funds of the : I I The Director of Finance?las requested that he be given a i r-i' ::;: ::;: :;I: a,!! ~ i City, instead of having to appear before the Council each 1 :;I' : time, Cmn. La Roche inquired as to what type of invest-: i ment wouM be -de, and he was Wormed that the law : Guevara i :xi%: : restricts the City as to the type of investment, By motioi Bierce : * :x! I of the Council the Director of Finance was given authori- i Sonneman ; ; !x: : zation to make investments in accordance with the re- ; McPhersonI : :xi i strictions of the law. i La Roche ;xi !xi I ::!? ti;' ::;; 1: 1: * I i Capital Contribution charges. At the previous meeting it! : was the decision of the Council that the $50,00 capital : i contribution charge for sewer connections be placed in a i : Sewer Revolving Fund. The Director of Finance has i requested that due to the many sewer funds already set i i up, that these funds be placed in the "Sanitation Fund*', : ; By common consent the Council agreed that the funds be i i placed in the "Sanitation Fund", * ! I I I 9 I i Executive Session, The City Manager requested that an i : hecutive Session be called to discuss personnel, The i i Council called an executive session at 10:45 P, M. I I I I I i The regular meeting reconvened at 11:2? Po M. i RATIFICATION OF BILLS AND PAYROLL - 4 I I k I b * I I I : i Ratification of the bills was given for the general expease4 i of the city in the amount of $21,357.22 and the Water : i Department in the amount of $3,726.40, from January 17,; : 1061 to February 7, 1961, as certified by the Director of t I Finance ad approved by the Auditing Committee, 1 I I Watification of the payroll was given for the second half i : of January, 1961, in the amount of $14,330.92, as certi- ; i fied by the Director of Finance and approved by the I b I Auditing Committee. : ADJOUOENMENT: t I I 4 I s I l a I I I a I I The meeting was adjourned at 11: 30 P, M, I $ I t : Respectfully submitted, I * I I I .- * " I t I &.i*d 7:. c ... ::*574Lz+v- i I Deputy C$CkY= * I I t I I a I I I I I 1 t I I ! * a t I i 4 I 4 I I I I I I 8 I I I I ! I I I I k l a I I I I ' I i I I I I I I I I ! I * i a I e 9 t a I I I I 1 I I I 8 I I I I : b I I I t I I I I I I I I I I I t 1 I k I $ I I I I I 1 I k I I I I I ! ;i;; :;;: I::* ;; I' i::: ;: ii$ :;;: :i:: ;::; I: i i ii:' I:;! :It; * *I :* *I* I :;'I ;::: ;::: 'ai: ::,; i::; :I:: 18;; i:;: ;s:' :::: ;::: ti:: :I ;: /;: 41; :!'I iiii :*:; I: 18 i;:' I ;: ::;: :;:: ;I:: ;;'I 1:;; ii:: ;:;; 8:i: I* ::;i ::;; I::; ;::; ;::; :I:; I::: :e' :I;: ::I' :::; ;:;; ;!:I ;: li;: ::I: :::: '4:; :*:: :::; 1':: I" :: I:! ::;: ::; 811: i;:: I:ii ii:: :I;; I :; i;:; :;:: :a:: I;;I i:;: *!I: '; I $1 ;t1;