HomeMy WebLinkAbout1961-03-07; City Council; Minutes,9 I I I
% I : CITY OF CARLSBAD I I : Minutes of: CITY COUNCIL (Regular Meeting) : Date of Meeting: March 7, 1961 I Time of Meeting: 7:OO P.M.
I--Pface.af"eeting:-,~olmciLChambers ____ -__---------------- -_-_ -4-
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1 ROLL CALI. wa.s answered by Councilmen Guevara, Bierce,
$ 1 I I ; Sonneman, McPherson and La Roche'. Also present were City i : Manager Slarer and City Attorney Hayes. I t
: ALLi3GIANCS TO THE FLAG was given.
: INVOCATION was offered by Mayor Sonneman.
i Awarding certificates of completion.
i The Mayor presented Ce.xZificates of Completion to Fire- : : men: Edward Garcia, .'Uern Coble, Jerry Edwards and I i William Hill for the completion of a course in Fire
I Science at the Palomar College.
: APPROV-4L OF MINUTZS:
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I 1 I l a. The minutes of the regular meeting of February 21,; I 1961, were approved as corrected. I I I I I
I ! \ CORRESPCNDENCE :
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l a. Letter dated February 28, 1961, from Brighter I : Homes, Inc., Builder, and the owners of three properties i i located on Ivy Road in North Carlsbad, requesting per- : mission for a temporary connection to a 4$? water line i now existing on Ivy Road. The Council was informed the I : Engineering Department has recommended the extension I I I of a high pressure 6" line; however, the estimated cost i : of this extension would be $5,700 and owners are not in a ; ! position to bear this cost. At such time as a 6" line i i would be installed along Ivy Road they would be willing : : to pay thei,y proportionate share.
: Mr. Barker, one of the owners making the request, stated i i that Mr. Hinderliter, owner of the property lying north ;
.:..-of their property, is willing to allow them to extend a I : line through his property for water service to their I I ; pr0per.t-y .
i After consideration by the Council it was agreed that if I i the owners could obtain permission for this extension, : that the City Attorney prepare a temporary connection i permit for a one year period.
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I b. Letter dated February 20, 1961, from Henry I I
Christiansen, requesting the City to take some action for i
the control of mosquitos. The City Manager reported the :
Health Department has been notified and last week they I
sprayed in the marsh areas, and will continue this oper- ;
ation for the control of the mosquitos. The City Manager i
was instructed- to notify Mr. Christiansen of the Health :
Departments action. I I
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C. Letter dated February 21, 1961, from Robert C. i
Cozens, Supervisor, Fifth District, enclosing a letter i
mailed to civic organizations in the City, requesting the:
support of an advisory committee in each area of the
Fifth supervisorial District, in order to bring County i
Government closer to the people. By common consent of i
the Council the City Planager was instructed to inform Mr.;
Cozens that the Council fully endorses this program,
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b I I I % d. Memorandum from the City Clerk dated February 28, i
1961, stating that in accordance with a telephonic con- :
versation with Mr. Fred W. Plaerkle, Mr. Naerkle requested i
that his resignation from the Parks and liecreation Cpmm- :
ission be conveyed to the Council, and that his resign- :
ation be effective immediately. By motion of the Council i the resignation of Mr. Fred W. Maerkle from the Parks and:
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l e. Letter dated March 2, 1961, from the Parks and I !:;I i:;:
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t (1) Ordinance No. 1060-A, Section 4, be amended to i ::I; :::; :til
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I (2) A street tree planting list has been prepared, i I::: I I :i:: ::i:
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I (3) An amendment be made to Ordinance No. 1025, Sec-: ii:: 1,;: I:;!
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i Recreation Commission was accepted with regret,effective i
f immediately, and the City Manager was instructed to send : i a letter of regret to Mr. Maerkle.
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; Recreation Commission requesting that the following t I *I1 i amendments be made to the present city ordinances:
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I require that subsequent to any city street tree being i i removed that the individual must place on deposit with i : the City the sum of $5.00 to defray the cost of a re- i placement by the City, I t I b I ii;;
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I : which the Commission would like the Council to adopt, i and that this list be made a part of Section 15, Ordinanc; : NO. 1060-A. I
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I : tion 2, providing that any comnissioner absent for three i i consecutive meetings of the commission without cause, : shall be replaced.
i After discussion by the Council, on mot ion of the Council i Guevara i i Xi xi I the City Attorney was instructed to prepare an amendment i Bierce ;x! :x:
t to all ordinances concerning the various commissions, ; Sonneman I I :X! i that do not have a provision in the ordinance, providing ; McPherson i ; :Xi ; that any commissioner absent for three consecutive meet- ; La Roche i ; IxI : ings of the commission without: cause, shall be replaced. :
I 1 t'ii : As to items (1) and (2) above, the matters were deferred : ;:I
1::: i for Further study, arid they requested that the list of i
i street trees be given'to them for study. I :+
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I I l8:; 1 I :!:I : Cmn. McPherson stated he had received three or four calls ; * ;: i regarding the removal of six trees in the Seacrest Estat- I t1 :; ;.:
: es. Also, he would like to know who paid for the re- i moval of these trees? v I I :::I
{ Mayor Sonneman stated there are certain lots in the City : , 1;;:
i that are view lots, and high prices are paid for these ; ::I: I lots. The City would be very derelict in their duties i i::: i if they did not protect these properties, The trees were i ll::
1:II : removed for the protection of other lots in the area, and ; 81;'
:;I: : the ordinance provides that the City Manager has juris- i i::: i diction over the removal of the trees. The City planted ; 1;::
: these trees and the city removed these trees. Shrubs will! ::I: :::: : be planted in t!leir place. I I :I::
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l a. Spreading the Assessment for Chestnut Ave. Assess.i ;::* i Eistrict No. 1-1960-1911 Act Proceediws. The hearing was i 1s;: : opened by the Mayor's announcement that the hour of 7:30 ; ;: 1;:
i P.M. having arrived, this was the time and place fixed fori ::;; : the hearing of protests, objections or appeals in respect : ::I;
::;I i of the assessment proceedings and work under and pursuant i :#I;
; to Resolution of Intention No. 660 and 701, and the Im- ; ili: i provement Act of 1911. I I 1:;:
+ I I I ;::I ti:; I The Clerk presented the affidavits of publication, mailing! i::: : and posting notice of hearing on assessment. By common : ,:jr ; consent of the Council the affidavits were accepted and i I:;: : ordered filed. 4 8;s: t 11:;
$ 4 :"I : The Clerk advised the Council there were no written pro- : :*I: ; tests.
i The Mayor announced the Council would hear from all person.& ;#I:
; w,ishing to make an oral protest. I I :ii:
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I I ;;ti I The Mayor announced the Council would hear from all per- i 1:; : sons wishing to make an oral protesto I 1 ::VI
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i HARRY WEEKS, 1097 Chestnut Ave., stated he did not receive i I notice of this improvement, and he purchased this property : : two years ago. I 1
: The Council was informed that according to the assessment 3 i roll for 1960-1961 Mr. Scholberg is the owner of this : parcel of land. Mr. Weeks was informed that he should i have the records changed at the County Assessor's office. i
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I I i MR. ROBZRT GARLAND, 351& Highland Drive, stated he felt i i this project was incomplete; he does not have the same I I
; rights to his property, as he has been left high and dry. i : His main concern is in the event of a rain the dirt would ; i wash down on to Chestnut kve. This condition has been i caused by the deep cut along his property line,
! The Engineering Department informed the Council the Engi- I ; neer of Work and himself discussed this matter with Mr. ; Garland at the time the plans and specifications were being:
i prepared. Mr. Garland was informed that a retaining wall I i should be installed along the Chestnut side of his property;
:which would cost approxima,tely $900.00, and this could be { i made a part of his assessment. Also an alternative was : ;discussed whereby he would grant the City a slope easement i : to correct this situation. However, Mr. Garland did not ; i see fit to do either. The Engineering Department also
!pointed out this was the first time a grade had been estab-! I lished for Chestnut Ave.
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I I I I I ! I i MR. GLlRLAND stated he felt the City should cooperate with i ; him in providing some type of lateral support, The reason ; i he did not choose to give the City a slope easement was i
ithat he was informed it would have to start back approxi- : i mately 14 feet and that would rake one row of his trees. i
i FRED KMAUSRT, 2081 Chestnut Ave., asked how they were to i i pay for this improvement? i I
:The City Attorney explained they would receive a statement i i from the bond holder for the amount of the assessment, and I
ithey would have 30 days to pay cash if they so desired. t 4
;Otherwise it would go to bond and would be payable over a I i period of 10 years.
:MR. WEEKS, 1097 Chestnut Avenue, stated his lawn is below :
:the sidewalk level, and asked that some fill be put in to i i bring the lawn up to the level of the sidewalk.
;The Mayor declared the hearing closed at 8:OO P.M.
i The City Attorney presented the following resolution for th) i Council*s review:
i Resolution !!725. A RZSCLUTICN OF THZ CITY COUNCIL OF THE i : CITY OF CAKLSBAD OVZRRULING ALL PRCTZSTS ON JXE ASSESS i
i ITY OF PiiGCEEDINGS, Assessment District No. 2-1960, was I
!adopted by title only and further reading waived.
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I I b. Spreading the Assessment for Valley Street Sewers i
i3ssessment District No, 2-1960 - 1911 Act Proceedings. I I
! * I I :The Mayor announced the hour of 7:30 P.k. had arrived and i i this was the tin.e and place fixed for the hearing of pro- i
:tests, objections or appeals in respect of the assessment :
iprcceedings, and work under and pursuant to Resolution of : ; Intention No. 691 and the Improvement Act of 1911. I
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I I I I I I ;"""""""""""""""""""""""""""-"""""""~""-~" ! I i The Clerk presented the affidavits of publication, mailing i i and posting notice of hearing on assessment. By comn :
:consent of the Council the affidavits were accepted and i i ordered filed.
i The Clerk advised tk. Council thre were no written pro- / i tests. I I
\ The Mayor asked if there were any persons present who
:wished to make an oral protest?
i MR. JOHN NETKA, 3424 Valley Street; v.hat law gives the i City the right to enter upon his property; his metes and i : bounds are from the center line of the street,and he i would like to know where the City measures from? Also he ! : had received no previous notice of this improvement. The i i only notice he received was the amount of the assessment. :
:Dirt is piled on each side of tne street and the contract- i i or nor the City has done nothing about removing it. He ask'r : ed what the City intended doing with this dirt as it is i i certainly a hazard and nuisance. Nhen the City signs a i : contract why don't they inspect this work before the con- i i tractor leaves the job.
i The Council was informed that on the assessment roll Mr. ! : Netka's address is shown as P.O. Box 283, Leucadia, Mr. I i Netka should have the records changed at the County
:Assessor's office in Sen Diego.
i Mr. Thornton of the Engineering C-epartment stated that on I i the original subdivision map it shows Valley Street as a I : 60' right-of-way; however, there are some streets in the ; : City that are not dedicated streets, therefore, the prop- ; I erty descriptions do read from the center of the street. i
I The City Attorney advised Mr. Metka that the City's rights ! i to enter upon private property is set forth in the 1911 : : Act under Section 5316 of the Streets and Highways Code of i I the %ate of California. I I
i As there were no other persons desiring to speak, the : Mayor declared the hearing closed at 8:25 P.M.
i The Mayor declared a short recess at 8:30 P.N. The meetin4 i reconvened st 8:45 P.k.
i The City Attorney presented the following resolution for i
ithe Council's review: I I
i Resolution No. 726. A 3ZEOLUTICH OF THS CITY COUNCIL OF i i THE CITY OF CALPLSBAD CVERRULING ALL PRCTZSTS ON 'rH8 : ASSESSMENT, CONFIRNIXG THE ASSESSMZNT AND CGNFIRMING 'THE i I REGULARITY GE' PROCEEDINGS, Assessment Gistrict No. 2-196.0, : I was adopted by title only and further reading waived. I I
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I I I : ENGINEERING: I I I I I
I I I a. Request by the City of Oceanside to construct a : I sewer line in a city street - re: Access road Vista Way. i
:This matter was discussed at the previous meeting. The ; I sewer line will cross Vista Way and will enter the City i
:along the access road to the Buena Vista Creek Area. The ;
!City of Oceanside has requested permission to cross the i : City street. * I
i The City Attorney stated that she has not received any- ; thing in writing to present at this time as Mr. Austin is i i in Sacramento. We would vant to insist that the City be :
; a party plaintiff in the act.ion to protect our future.
:Also we cannot take the word of the Engineer or Attorney i ! from Oceanside that there will be no cost to the City of I
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i Carlsbad. Mrs. Hayes recommended that the Cbuncil take no i :::; : action at this time until we have something in writing. : :::; :IIl
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: At the previous meeting a request was made by one of the ; , I: I property owners on Pacific Avenue concerning the cost of : : construction of water and sewer service on Pacific. This : i matter was referred to the staff and a written report has i I)'# : been submitted for the Council's review. The report con- ; i tained the estimated cost on a cash basis and under the i ::i; : 1911 Act Proceedings. I I ::I:
I I 1 I::: : It was noted there are seven lots in the area, as only one: ::&I : s.ide of the street would be assessed due to the fact that i :::: J the opposite side of the street is owned by the Army and ; ::i:
; Navy Academy and it would be serviced by their own sewer I i:::
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11; i line. Also the corner lot is owned by the Army and Navy ; ;;st : Academy and it would be serviced from Ocean Street; there-: lIt: i fore, only six lots would be assessed for water and sewer : ;:::
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I ::I: i Some of the property owners in the area were present, in- : 4 l:l
; cluding Mr. and Plrs. Riddle, who made the request for in- i ;@I: :::: i formation. They asked what the next procedure would be, : ;::: : and they were informed that if they wished to proceed I I ;::I
I 1:;; i under the 1911 Act, a petition would be prepared for them ; :::: i to circulate, and if they could get four signatures of i ii:: i the property owners they would have sufficient percentage : :;if : to start the proceedings. It was pointed out however, i that the assessment would be spread over six lots, If ! : they wished to proceed on a cash basis they would have to i i i ;., :: i post the entire amount in advance of any work being done. i ,*I;
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1 c. Resolution #727, approving Master Agreement for i ilii : expenditure of Gas Tax Funds. The Council was informed ; I the Master Agreement for the expenditure of Gas Tax Funds i : had been received, together with the resolution approving : :t l:@l i the agreement. The following resolution was presented: I Guevara I i i Xi
i Resolution No. 727. RESOLUTICM OF THE CITY COUNCIL OF THE: Sonneman i i i Xi : CITY OF CARLSBAD APPKOVIMG PiSTZd AGREEMLPT FOR EXPENDITUR$ McPherson i ; I X: I OF FUNDS ALLOCATBD FROM THE STAT9 HIGHWAY FUND TO CITIES, i La Roche 4 : X: Xi : Was adopted by title only and further reading waived. I I
I PLANNING :
I 11 : son. The tentative map was presented for the Council's i I review. Resolution No. 199 of the Planning Commission : 11 : was read, wherein they recommended the approval of the i i tentative map subject to certain conditions being per- : formed. i Guevara ;X: i X:
i The requirement for sidewalks within the cul-de-sac was i %mneman I i !xi i discussed, and on mot ion of Counci 1 it was agreed that a : McPherson : 8 i x: I policy be established that the placement of sidewalks in i La Roche ; i :Xi i the cul-de-sac be up to the discretion of the subdivider. : ;ti*
I The Engineer for the Subdivider requested that the full i 1::: : pavement width on Magnoli@%%e 32 feet instead of 36 feet, ; I::! ! with the curb radius i.n the cul-de-sac being 41 feet in- : 1;s
: stead of 43 feet. Also the Planning Commission has re- i 1:;: i quested that 42' on the rear of Lot 5 be deeded to the i ;'a:
: City for future street purposes. It was noted that the ; ;::I i City does not have a precise street plan, and that the i ,118 lle: ; City could not force the subdivider to deed this 42' un- ; *I: i less he wished to do so. It was the ccnce'nsus of the I ; Council this requirement shodd be deleted.
i Discussion was given to the requirenent of providing ease-!
i ments in the rear of the lots for utility easements. The ;
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I i 1'; i Engineer for the Subdivider, asked, if the City was going tai I; in ;: ; require the Gas & Electric Co. tci piace the poles: in thCsei :it:
i easements, if not they would like to know befdre the final; ;I::
1 map is filed. The City Attorney stated she-felt in this i :I:;; ::
; case that the placement of the poles in the rear of the ; ;#I: I properties was more logical and she would lige to see the ; '1 1;;1
: ordinance enforced. I i:::
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1 I l* II : Nr, Frank DeVore, representative of the San Diego Gas 4 i ;:I: I: i Electric Co,, informed the Council. that if the City does i I!::
: enforce their ordinance requiring utility easements to the; $11 @I
l:;l i rem of the property, they would acquire additional ease- I ::a:
! ments for right-of-way purposes from the property owners. : ::I#
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I I ;;:I : After further discussion by the Council it was agreed that: 1,;;
I Magnolia be 32 feet with a curb radius of 41 feet, that i :I# I
i sidewalks in the cul-de-sac would not be required by the : 1::; I::; i City, and that the Subdivider would not be required to dee$ ;;#I i the rear 42* of Lot 5 to the City for future street pur- ; I::!
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t I I i;:: : The following resolution was presented for the Council's i :;i:
i review; i Guevara i i ;Xi
f i Bierce I XI !X: i Res. #729. A RZSOLUTFON OF THE CITY CCUNCIL OF THE CITY ': Sonneman i : :Xi
i OF CARLSBAD APPROVING TEhTATIVE MAP OF KARI3SN ZSTATSS i McPherson ; : :X! i SUBDIVISION, WAS ADOPTED by title only and further reading! La Roche i !XiXi : waived, 4 I ::i:
1 I I I 1:;; : NEW BUSINESS: I I I;:;
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l a. iiesolution of Intention No. 728, amending Ordin- I 11:: i::
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I I i ance No. 9060, allowing a clubhouse in an R-l Zohe.
i At the previous meeting the City Attorney was instructed i :;;: : to prepare a Resolution of Intention stating the Council's: ;:;: I intention to amend Ordinance No. 9060 allowing a club- : house in an R-1 Zone. The City Attorney read the proposed:
f resolution. Under Section 2 of the resolution a proposed i i restriction was made, wherein any structure erected upon ; ;:;; : the property shall not be used for public dances,
: Mrs. Gladys Vance, one of the members of the Woman's Club i i asked why a restriction was being made.
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i The City Attorney pointed out that under the ordinance no : i public meetings are allowed in an R-1 Zone, and the I I i surrounding property owners protested at the meeting of i : the Planning Commission to evening entertainment.
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i Mrs. Granger, 3845 Skyline Kd., ?Is0 a member of the i Woman's Club, stated they would have to present this to I : the members for their approval as they will have to rent ; i the building in order to pay for it.
; After further discussion the following resolution was
; presented for adoption: I I
I Resolution No. 728, A RESOLUTION OF THE CITY CCUHCIL OF i I THE CITY OF CARLSBAD STA'IING T2412 1NTGNTIC)N TO ALLOW A :
i CONDITIONAL USE PERhIT ON PROYZRTY LEGALLY DZSCRIBGD AS i i A PORTION OF TWCT 252 AND 253, THUM L.ANDS, W NO. 1681; i : DIRECTING THZ PLANNING COP&ISSION TO HOLD A HEARIKG TO ; ! CGNSIDEK THIS CHANGE AND CIABCTIMG THE SCCRETARY OF THX i
: ORCINANCE NC. 9060, was adopted,
; A short recess was called at 10:45 P.N. The meeting re- i i convened at 10:55 P.Pi-
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: PLANNII~G COLWIISSFON TO ADVZZTISZ FOR THE AMNENDKBNT TO : I I I I I 4 I I
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1 I a. Second reading of Ordinance No. 1072, establishin4 i a Board of Library Trustees. The following ordinance was : : presented :
i Crdinance No. 1072, AM OR9INANCZ OF THE CITY OF CAKLSBAD i i ESTABLISHING A BOARD OF LIBRARY TRUSTEES, was adopted by .: : title only and further reading waived.
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I 1 I I b. Second reading of Ordinance No. 4002, amending t I i Ordinance No., 4001, requiring certain water service char- I
i Ses. The following ordinance was presented: I I
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I I i Ordinance No. 4002. AN ORDINANCE OF THE CITY OF CARLSBAD i ! ANSNDING ORDINkSCE NO. 4001. BY ADDING TO SAID ORDINANCE : i REGAWING EXCHANGE OF wrzR"mzxs, EXCHANGZ OF SERVICES, i i AND RELOCATION OF SSXVICE AND LOAN MTERS;AND FURTHER PRO-: : VIDING A METHOD OF INSTALLING A WA'TER MAIN EXTZNSICN REG i i QUIRING THE PAYMENT OF THZ COST BY THE BdNEFITSD PROPERTY :
i OWNERS AND FIXING TH8 SCHZDULE OF CHARGES TO B% LMPOSCD i i FOR TH3 CONNECTION TO THE WATER SYSTZM, was adopted by f r title only and further reading waived. I I
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I c. Second reading of Ordinance No. 7028, providing i i all capital contribution charges be placed in %anitation I : I"---- Fundvs. The following ordinance was presented: I I , I
I I : Ordinance No, 7028. AN ORZINANCE OF THE CITY Or" CARLSBAD i : ANENDING Oi3IjiINANCE NO. 7020, SECTION 8, PROVIDING ALL I I i CAPITAL CCNTRIBUTION CHARGLS SHALL BE PLACSD IN THE I I : SANITATION FUND, was adopted by title only and further i i reading waived. 1 I
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I d. Second reading of Ordinance No. 3044, amending I I i Ordinance No. 3027, increasing prima facie speed rimit on i i Chestnut Avenue. The following ordinance was presented: i
I I ! I i Ordinance No. 3044. AN GRDINANCZ OF THE CITY OF CARLSB.0 : : ANENDIEG ORDIHANCZ NO, 3027, SECTION 2, BY ADDING SUBSXT-: : ION (D), INCRZASING PRIPA FACIE SPEED LIMIT ON CHESTNUT ;
: DRIVE AND MCNKOE STREET, was adopted by title only and : : further reading waived.
; AVSNUZ TO THIRTY-FIVE MILES PZR HOUR BETWEEN FIO PIC0 i
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I : CITY Iri'ECRNBY 'S REPOXT
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I 8 I I 1 I i Lease of the Lagoon - San Diego Gas & Electric Co. At the i i first meeting with Mr. Owens, Mr. DeVore~and Mr. Forward, : : Attorney.for the San Diego Gas & Electric Co., it appear- i : ed that a 25 year lease- could be executed. Unfortunately ; : the press misquoted statements of all parties concerned. i I I I I i I I I I I I I 1 I I I I I 1 I I I I I I I Oj
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I Subsequently a meeting was held with Mr. Stewart, Mr. t I
Noble, Cmn. Bierce, City Manager and herself. Mr. Noble :
agreed to give further consideration to a long term lease i
on the inner lagoon after the City presented its facts to :
him. There was also discussion regarding a lease on the i
middle lagoon and beach frontage. The City Attorney was i
later notified that the Gas & Electric Coo was unwilling :
to enter into a long term lease. The officials of the :
company felt the clause in our present lease, which all- i
ows the City to continue to lease from year to year, un- :
less cancelled, was adequate. However, the Gas & Zlectric:
Co. was willing to enter into a short term lease on the i
middle lagoon and the beach frontage if the City so des- ;
i red. I I
The City Attorney stated she felt the City has suffered a i
serious rebuff in this case. The development that was ;
planned in the upper lagoon is jeopardized. Krs. Hayes ;
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recommended that she be allowed to introduce a bill to : :ii:
I amend Section 101 of the Harbors and Navigation Code of I ::;I
i the State of California. I ::::
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I I 1::; : Cmn. Bierce stated he agreed with the City Attorney. He i :If1
1::: i talked with sone of the past members of the City Council : :I::
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: and in every case negotiations with the San Diego Gas & : I;;# i Electric Co. have been difficult. Now our lease is withi4 t81: I::;
: one year of running out; we have not asked for one thing ; ;::I i that we did not have before except for the length of the : :::;; tll
: lease. At the meeting with Mr. Noble he made his position: :::II ::::; 11 1 very clear. His position is production. Carlsbad has a i : position also - the people of Carlsbad should be able to : ::::; ii:;; i use these waters. We are bucking a monoply. In other i ;;::I : cities in southern California the power companies have : i;;:; : worked with the cities. 1 I I ::;!I
I I iIi:~ i Cmn. La Roche stated his experience with the San Diego Gas: I' I::1; 81
i & Electric Co. is that they evidently are not concerned : 11 I 11;; : with Public Relations. I I ::I:
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I MR. SANBORNE, representing the proposed developers of I la;:
;;I1 i properties in the upper lagoon, stated that a meeting with: 1:: ; the gas company, Mr. Noble stated that if they so desired : ii::
I they could fence the entire lagoon. 1 I 1:;: "1:; !i:::
i Cmn. Bierce stated these are tide waters. The Ocean water: ::::a ; does not belong to anyone. These waters cross over prop- i I$: ;::1: i erty owned by the City. ::::;
1 I ::::; [ MR. FRANK DeVOKE stated he would like to clarify the state; ;:/I :a1
: ment by Cmn Bierce. The property the water crosses over 3 0;:; ::;:: i is owned by the State of California, and they have an i !:::; 1: 'I
i Easement from the State of California. If the City I I ::::; i Chooses to take action they would have to protest any
i action that would take away their paramount right to the ; ;::;;
I lagoon. I I I :hi!
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I I '::: 1, : Max EWALD stated he would have to take issue. The City : : has documentary statements and pictures back as far as i ;:I!:
1 :I;: I 1932 that these waters were navigable waters. ' I I I I:;:, i:::; i After further discussion, on motion of the Council the i G~~~~~~. i LJ~X~ ; : City Attorney was instructed to introduce a bill to amend ; B~~~~~ :XI !X: ; i Section 101 of the Harbors and navigation Code of the : Sonneman i I ;X! I : State of California: that the City Attorney be authorized ; Mcpherson: i ix; I i to employ any additional help she may deem necessary sub- .i La Roche ; i :x; ; : ject to the Council being advised, and if necessar.y that ; ~1:~; i Mrs. Hayes be authorized to go to Sacramento. 1 I :::::
I 1 ;ll'I I I I 4;:; i STATE Beaches and Parks.
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I ::dii i The Council was informed that while she was in Sacramento i : last week she inquired as to the status of the budget for : i::::
1;::; i Carlsbad State Beach. They feel they will need $35,000 i ::;i; : for the acquisition of Property. Unfortunately, the I I ll;:;
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i $35,000 which the Division of Beaches and Parks had pre- i lll;l I::;: : viously scheduled for the 1961-62 budget has been deleted i ::I;: i in the interest of economy. The Legislative Counsel is I :;*I; I' : drafting a bill which Assemblyman Hedgland will introduce: 1::::
! next week to augment the' 1961-62 budget to provide the i $:It
: $35,000 for the necessary acquisition. Senator Fisher : I!;:!
; advised Mrs. Hayes that he will carry the bill in the t * ::::;
I ::;:: ; Senate providing it passes the Assembly. I I :;:::
4 I I :;;:; i Joint Powers Agreement with Vista - Re: Sewers 1 I ;;:::
: A meeting was held with Wr. Berry, Mr. Lill, the City Man-: ::;I:
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i ager and herself, and they went over the entire agreement.: ::;;: : They are now preparing another draft,based on our suggest-; ((1
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1 Assemblyman Hegland stated he received the comunication :
regarding the exemption of the sales tax on prescriptions;
He did vote in favor of this Sill, but voted against othet
items being exempt. I 1 I I
1 A letter was written to the City Attorney in Los Angeles,:
regarding any regulations or ordinances they might have ;
relating to tteyeso.resfa in their City. An ansder was re- i
ceived back and they do not have any ordinance, or have
not been instructed to prepare such an ordinance; However;
they are trying to enforce their building requirements : -
more strictly, Cmn. Guevara presented Mrs. Hayes with i
a news clipping stating that subsequent to this clipping :
dated March 1,1960 the City Attorney of Los Angeles had i
been instructed to draft such an ordinance. I I I
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CITY MANAGER'S REPCRT: -, I I 11:; :!!I
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The City Manager and the City Engineer attended a meeting:
last Friday at the County Operations Office, This meet- :
ing was in regards to funds being obtained under Public i
Law #660. Under the present law the maximum amount that f
a corporation can apply for is $250,000, or 36% of the i
cost. There is a bill being introduced, which if passed,:
would enable cities to apply for approximately $600,000. i
Vista and Carlsbad could make separate applications in ;
hopes of obtaining the maximum amount. 8 I
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I:!! I 1 Transfer of funds. At the previous meeting the Finance i
Director was instructed to present a list of the various :
sewer and sanitation funds for the Council to review, to i
see if some of the funds could be combined. After con- i
sideration by the Council, on motion of the Council it ;
was agreed that the '"Sanitary construction Fund'' be com- :
bined with the 'G'eneral FundP', and that the 'Sewer Later-:
a1 Revolving Fundti be combined with the "Sanitation
Fund. Os
I I I L I I I
Policy for City participation in street ixprovement pro-, i
jects, A suggested policy for City participation in I ! street improvements projects was submitted for the Councif
cilcs review. After consideration by the Council, by i
motion of the Council it was agreed that this policy be :
adopted, and that the restriction be removed to allow the!
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15~ tax rate used €or local streets, I I I I
North Carlsbad Fire Protection, The residents of North i
Carlsbad have requested that if the City of Carlsbad . i
decides to terminate fire protection in the North Carls- ;
bad area, that they be given a 90 day written notice. By! common consent of the Council it was agreed this was a ;
reasonable request.
Woman's Club property in Holiday Park, The committee I
appointed by the Mayor to study the purchase of the I I
Woman's Club property in Holiday Park met, and it was
their recommendation that a price of $5,500.00 be offered i
the Wornants Club for Parcel reBtr, It was agreed by the :
members of the Council that an offer of $5,500.00 be made!
to the Woman's Club for Parcel pLBop.
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I Letter of Thanks was read from Mr. Pierce Davis, one of i
the Planning Commissioners, for the flowers sent to him ;
by the Council during his illness,
Discussion was given as to the City purchasing a parcel i
of land on the inner lagoon. It was pointed out the
parcel contains approximately 4 1/2 acres of flat land \
and has approximately a 300' frontage on the lagoon. The :
owner is asking $135,000. After discussion by the Coun- i
cil it was suggested that Mayor Sonneman contact the
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: owner to see what terms could be arranged. I I I I I I I I I I I I I I I I I I I I 1 I I I t I I I I I I I I I I 1 t
I 1 I I I 1
RATIFICATION OF PAYROLL AND BILLS:
Ratification of the bills was given for the general ex- I
penses of the City in the amount of $8,910.81 and for i
the Water Department in the amount of $6,721.85, from ;
February 21, 1961 to March 7, 1961, as certified by the I
Director of Finance and approved by the Auditing Commit-\,, ;
tee .
Ratification of the payroll was given for the last half of
February, 1961, in the amount of $13,551.74, as certified:
by the Director of Finance and approved by the Auditing I
Committee. I I
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1 i ADJOURNMENT :
: By proper motion the meeting was adjourned at 12:05 A.M. :
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I I I I I I f i Respectfully submitted, ! ;
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I I I I I 1 1 I i Deput; City Clerk 1 I
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