HomeMy WebLinkAbout1961-08-15; City Council; Minutes-
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: CITY OF' CA9LSBAD 1 ", '*\, '*, ', '., 'Lo: i Minutes of: CITY COUNCIL (Regular Meeting) i Date of Meeting: August 13, 1961 i Name '\ 't& , '.&& '. & : Time of Meeting : 7 :00 P.M. ; of @@,+,+ 8
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: I present at 7:8 P.M. I !:::I
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I 'I1 I I ROLL CALL was answered by Councilmen Bierce, La Roche, ; Sonneman and McPherson., Also present were City Manager ; ! Slater and City Attorney Hayes, Cbunci 1 n Guevara was
: ALLEGIANCE to the flag was given.
I IhOCATION was offered by Mayor La Roche.
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1 a, The minutes of the regular meeting of P-ugust 1, l
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a i Bierce :: 4 i 4 i 1961, were approved as submitted. : La Roche : i : X
I L I : CORRESPONDENCE:
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I I (a) Yvonne C.'Riddle- re: Status of sewer and water i
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' ; what action the city has taken in the matter, They asked i ::;a ;#I:
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;;;i i service 0 Paci€ig Avenue. 'Letter dated August 1, 1961, : from Ya. and Mrs. Melvin Riddle, owner of Lot 22, Grana : i::; i ville Park (Pacific Ave.) stating that in April, 1961 a I i letter was sent: to the City with a petition attached for : ; the formation of an improvement: district for water and i I sewers, and as to date no reply has been received as to :
: that the matter be placed on the agenda for the meeting : i of August 22, 1961, l
I I i i The City Manager recounted the action that had transpired i i regarding the application for sewers and water. At the : time of discussion several of the property.owners were in i 'i favor of the fomtion of a district, however, when the : : petition was circulated they. did not wish to sign the petid i tion. The matter was then turned over to the Engineering i : Department to see what plan could be worked out. The City I i Engineer has worked out an alternate plan on a c,ash basis, i : which he asked the City Engineer to present, 4
('?The City Engineer presented his plan, together with a plat i
,' ; of'the district. He informed the Comcil this plan would i
;,J' : need participation by the city, Under the 1911 Act it was ; i estimated that it would cost the property owners. approx- i i imately $20.00 per front foot; however, on a cash basis ; ; with city participation, and by including other properties : i in the area that should be incfuded, it would- cost approx- 1 : bmahely $365.00 per lot, plus $175.00 €or connecting char- ! i ges to the premises Eor water and sewe.r service.
i After considerable dfscussion by the Council, by motion i i of the Council the City Engineer was instructed to present : ; this plan to the property owners, and if the property i owners ere willing to accept this plan, that city partici- I : pation in this plan be approved.
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)a& ?!I I 1 I (b) Letter dated August 4, 1961 from Arnold Brilhart, i i addressed to the City Council, in appreciation of the I I : egficient-manner in which the gnat problem was solved.
i The City Manager stated he appreciated this letter, how- i I ever he thinks the season for the gnats has passed. There ;
f are still mosquitos, The City of Oceanside and the City: i i of Carlsbad have been attempting to burn off the tules in : ; hopes this will solve a great portion of the mosquito probd
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I I I I I I I I (c) Letter dated August 11, 1961, addressed to the i i Council from John A. McKaig, expressing his appreciation i i for having been able to serve the city and community in ; : some small way during the past few years as a member of I i the Parks and Recreation Commission, Also he pointed out ..: : to the Council that his term on the Commission had expired4 I I I
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:By common consent of the Council the City Manager was 5.2- i 1111 ;::: 1 structed to prepare a letfer of appreciation to Mr. McKaig : :: IJ! 811
: for the ?.layor's signature, The Council requested the matter.! I of filling the vacancy ba tabled.for later in,the meeting, : '1:; :::;
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I ORAL CGNNUNICAT IONS :
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I ,I:; i The City Manager intrcduced Nr. "IOU, City Administrator i 1;ll
f of the City of Pel Mar to the members of the Council, and' i ;:I; i stated Mr, Mamou would like to present a resolution to the : : Council,,
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I i WL i\lpIyU, stated he would like to present a form of res- I i o!.ution which the City of Del Mar hopes the various cities : i in the County will adopt, honoring the Del Mar Turf Club i : by proclsiming the period Vednesday, September 6, 1961 to : : Tuesday, September 3.2, 1961, to be. 39Del Mar Futurity Week'),! i as the Del Mar Pu'curity is one of the richest and mQst im- : : prxtant races for 2.-yaar old colts in the United States. i i Also the City of Del. filar is in hopes of making this 8x1 1 annual eventc
i By motion of the Council it tras agreed that the Mayor, on i Bierce : behalf of the City of Carlsbad, proclaim the period of I : La Roche i September 6, 1961 through September 12, 1901 as the Vel : Sonneman : Mar Futurity Weektq. : McPherson
: Mr. Mamou thanked the members of the Council for tkeir i
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: PB, JOHN "MAG, 1325 Buena Vista, asked that the trees i : that +.ave been donated by the various txerchznts in. the : downtmn area be accepted by the City, ir? ai-d~~ titar. tke i : city will be responsible in case of damage. Ope of the i boxes was damaged by a vehicle, Xn Gceanside the City i : furnishes the boxes and the merchants purchase the trees i i which are then accepted by the City, : : The Mayor stated he fel'i the City sflould be made respm- i : sible ra.ther titan tha merchant, as this project has added ; : a great deal towards the esthetics or' the down'cown area, J
i Mr. NcICaig stated he would take it U~P. himeif to get th5 i : owners' consent for acceptancc by the City. 1: was tttc ! I decision of the Council that- no action be taken until such! : time as the conserrts were received.
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I I I I I ! 3CHN FUNK METIC4, Valley Street, Carlsba-d, stated he felt i ! the City Council shGuld draft an ordinance to require con-; : tractors to leave the street in the same condition as it I i was originally prior to any construction. He asked sever-; : a1 months ago that the dirt bo removed from the sides of I I the street, as this dirt is ruining his furnishings. The i : area in question is between Chestnut and Basswood.
: Mr. Netka was inforned the staff would check into the i matter and see that the debris is taken care of.
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I r i : PU3LIC HEARINGS:
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I l a. Zeclassification of certain property on Roosevelt ; 1
: Street between 1Jaln;lt and Oak Streets, frozn Zone RIP to : ! Zone C-2- Baltaz Aranda. I I I ai t I : The Clerk presented the Affidavits of PuSlication for the i
; Council's re.view, ~i~icit xqas ordered filed. I I I 1 I I i The Clerk advised he Counzi 1 there w:?re no IJX?.~.LCYI pro- : : testso @ : I I I I : The Mayor declared the hsariKg open and askeci it. EiIeZs !
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I I : were any persons desiring to speak in favor of this rs- i i classi€ication. There were no persons desiring to spezks :
: The Mayor asked if there were any persons desiring to spead i in opposition to this reclassification. There were no I I i persons desiring to speak in opposition to this reclass- i : ification. I
: The Mayor declared the public hezring closed et 7:35 P.M. i
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I 1 I ! liesolution No, 216 of the Planning Cornmission was reviewed i i wherein they recommznded the reclassification of the prop- ; : erty from zone RnP to Zone C02. 1 I I
I I i After consideration by the Council it was agreed that thE i ; findings of the Planning Comission were the findings of I : the Council. The City Attorney presented the following I : resolution for the Council's review: I
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I i Resolution No. 769. RESOLUTION CF TI33 CITY CCzUNCIL OF THE : I CITY OF CAIiXLSBX) ANNCUNCING FINDINGS ANI DECISICN XXGAFD- ! : ING CHANGE OF ZONE GLASSIFICATICN OF CE2TAIN DESIGNATED I I PROPERTY IN THE CITY OF CAXLSBAi) FRON ZOhX R-P TO ZChZ ;
i 6-2, was adopted by title only and further reading i waived.
i The foLlowing ordinance was presented for a first reading I : by the Council: I t
: Ordinance No. 9120. AN O?aFN&YCE OF THE CITY OF CARLSBAD i i AMENDING OilDINANCE NG. 9060, CRWGING CZRTAIN DESIGNATED : i PROPE2TY FROM ZONE R-P TO ZOhZ C-2, IN THE CITY CiF CBRLS- i i BAD was given a first reading by the Council. I ! !
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1 I : l a, Approval of final map of Tmar&Manor Subdivision; ; The final map of Tamarack Manor was presented to the i Council by the City Engineer. The City Engineer advised : : the Council the map met with ail the requirements cf t:ke i i City. By motion of the Council the final map of Tamarack : : Manor was approved, subject to the City Clerk being in- i i structed to sign the final map at such tine as the sub- : : divider has entered into an improvement agreement with i : the city, and proper security has been posted. I
I Councilman Guevara was present at 7:50 P.M.
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a. Agreement - California Disaster Office - re: Tem- i porary use of vehicular equipment, The Council was advis-:
ed that one of the rigs used by the Fire Department is I
I ocmeb by the California Disaster Office, and in order for : i the City to use this rig an Agreement must be entered into! ; each yearr The City Attorney has checked the agreement : : and found it to be in order. By motion of the Council i : the City Manager was authorized to execute the agreement i I on behalf of the City of Carlsbad. I I 1
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I b. Adoption of the Final Budget for the fiscal year ; : I "- 1961-62. The City Manager presented the final budget to I : the Council and informed them the changes they had re- I I : quested in the tentative budget were reflected in the : final budget. After consideration by the Council the I I
I final budget for the fiscal year 1961-62 was adopted. I I
c. E%j.ng amount of revenue to support City depart- i i ments and pay bond of sewr District P2 - 196 I... 42. The ; ; following ordinance was presented for che Counc?'?.'~ re- : i view:
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' X@' \' 'PA i G f '$$@, q),4T$ : Mamhav 8% e&? .I -I"""". e I : Ordinance No, 1073, AW ORDINANCE OF THE CITY OF CAUS3AU : i FIXING THE kMcUNT OF REVENUE FROM PROPERTY TAXES NECESSARY: : TO SUPPORT THE DEPARTMENTS OF THE CITY OF CARLSBAD AND : i FIXING THE AMOUNT OF REVEM FROM PROPERTY TmS h3CESSARY i
I SEWER DISTRICT NO, 2" F13R THE FISCAL YEAR 196i-62, 67a5 i i adopted after reading of the ordinance in full, in accord-: ; ance with the provisions of subsection (d) of Section 36, : i 937 of the Government Code of the State of Cdifornia.
; TO PAY THF: BORDED INDEBTEDNESS OF TIE '*CITY CF CARLSBAD :
I I I I I I f I 1 d. Setting the tax rate for the City and sewer dist- i 1 rict: #2 for the fiscal year 1961-62. The Council was in- ; i formed by reducing the tax rate for the sewer facilities i i $,03, the tax rate woGld be $1.34 on each $I.OC.OO of prop-: i erty valuation of all taxable property within the City of I : Carlsbad, and $lm44 for all property lying within Carlsbad: : Sewer District No. 2. The following ordinance was pre- i
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? * I { Ordinance No, 3.074, AN OIHANCE OF THE CITY OF CULSBAD i i SETTING THE TAX PATE FOR THE CITY OF ClULSBAD LSD TIiE ; TITY OF CARLSBAD SZMER DISTRICT NO . 2t1 FOR TEE FISCAL i 5 YEAR 1961-62 was adopted after reading of the ordinance in: : full, in accordance with the provisions of subsection (dl i i of .Section 36,937 of the Government Code of the State of : : California. I
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I ! I 1 l e. Adoption of the aalary plan for the fiscal year i i 1961-52, The following resolution was presented for the i : Council's review, which reflects the salary plan set forth; I in the final budget: for 196142:
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: Resolution No , 770, A RESOLUTION OF THE CITY OF CAilLSBAD i : CITY CCUNC IL ADOPTIHG THE SALARY PLAN AM, 'c.IoRK CGI'DITIGNS i i FOR TE CITY OF CAiUSBAD FOR THE 1961-62 FISCAL YEAR, was i : adopted by title only and further reading waived. 4 I
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I f. Amending ordinance NoI 3046, relating to the con- ; : trol of dogs. The Council was informed the City Attorney i i had prepared an urgency ordinance relating to the control I : of dogs, adding certain sections to Ordinance No, 3045, to i i enable the city to enter into a contract with thz County, :
i The following ordinance vas presented for thc- Council's i ! review t
: Ordinance No. 3047. AH ORDINANCE OF THE CITY OF C'4ZLSBAD i : &ENDING ORDIWNCE NO, 3046, XZLATING TO TEE COhrl'ROL OF : : DOGS, was read in full and adopted. I I
i A short recess was celled at S:20 P.M. The meeting re- i : convened at 8 :35 P.M.
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I I > I I I i OD BUSINESS: I
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t a, Second reading of ordinance No. 9119, requiring i : subdi-rider to conform to ordinance No. 9050 prior to filing i tentative map. The following ordinance was presented for ai i second reading: 4 I '. 1
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i Ordinance No , 91 19. AN OrZDIKANCE OF T'dE CITY OF CAiZLSBAD i : MENDING ARTICLE 111, SZCTION 300 (c), OF ORDZWCE NO. i i 9050, REQUIRING SURD IVB ERS TC CCNFORM TO SAID OiDI??ANCE : : PRIOR TO FILING TENTAKVXE MI? was adopted by title only i i and Eurther reading vaived. I I
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I b, Eter of ADpraisal d~sughn property.-let ter of ; I apgraisal dated August 3, 1961, frsa TaLt ApFx-A?.saI CO., ! : stating that in their opinioit L;?~ estimafed fair xarket I i value of the Vaughn properry was $4O,GOO, 1
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I I 1 i Tt was suggested that a cormittee be appointed to consider: I the purchase,of this property by the city. The Mayor I : appointed Cm, Sonnetnan, Cmn. Bierce, The City Manager I i and Director of Finance to the committee. I ! I I I CITY ATTOiCNEY is REPORT :
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1 1 I I I 4 i Carlsbad's water righis. At the meeting of Atigust I, 1961;
i the City Manager rezd a letter from the City of Oceanside,: 1 asking cooperation of the City to allow them to inspect out : water faciiities, records and usage of water from the i San Luis Rey Basin; At that time the City Attoiney had i i not checked into the ratter and vas asked to report back I
i at this meeting. The City Attorney informed the Council ; i in,going over the origiaai contract in which the City has I : the right to take water from the Mission Basin, and check-; i ing the Decree issued by the Court relating to the lawsuit:
i in 1913, plus the court action of the recent San Luis Rey : I Water Suit, it is her opinion that the City's water rights! : are firmly established and that ais request: by the City : i of Cceanside should bd denied. By motion of the Council i i it was agreed that the request made by the City of Ocean- : ; side to inspect the city's water facilities, etc. be i denied.
I South Coast Asphalt Co. Lawsuits. On the original suit : : filed, an anendment has been filed with the cause which i I states 5 causes of action. In going over this amended i : complaint she feels there may be a cause of action; how- ; I ever, she contemplates filing a demur.
i In the second suit filed by the plaintiffs, instead of i
I anending their complaint they filed a new law suit, which ; i she received copies; however, the City has not been cffic-i : ially served. t I
: Joint sewer facilities. Regarding Plr. Jarvie's question at; : the last meeting as to what could be done in the event i : Vista voted against the bond issue, the City Attorney 1 I : stated she checked with Mr. Robert Berry of the County I ! Counsel's office and he stated you usually do not discuss : : and plan alternatives prior to the bond issue. There is i
i a possibility of an improvement act over a 24 year period : : which would be much more costly.
t In answer to some of the other questions asked regarding i i this issue, the city can call for the election and presant: : the Engineer's report at the same time. CWelveny & i Myers will be employed by the County to handle all legal i : aspects of the bond issue. I I
i Poinsettia Beach #l subdivision. There is a question as ti : whether or not this subdivision was a legal subdivision. I : The final map was approved in 1956, but was not filed untit : 1958. It is the City Attorney's opinion that the final i i map ha3 been abandoned pricr to the filing, therefore, a ; : lot split has been allowed by the City.
: CITY MANAGER'S REPGRT:
I A letter was read from the Publisher of the Chula Vista I : Newspaper, which stated that a special edition of the pap-: : er was to be printed, celebrating the 50th anniversary of : : the founding of the City of Chula Vista, and invited the i : City of Carlsbad to place an appropriate add in the paper ; i to promote industry in Carfsbad. By common consent of the! i Council it was decided not to consider such an advertise- : : ment.
i Cmn. Guevara asked that the City lcdc Erlto the possibility: : of fencing the rails on the ovzrpasses at Las FLores znd I I Tamarack, as he has received complaints of c%~4r~~ waJ.k- ;
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I I ~~""~""""""""""-""""""""""".."~""""""""""""~- I * I I I : ing these rails. The City Fknager stated he would write ; i to the State Division of Highways and inquire as to fenc- i
i ing these rails. 1
: Cwn. Sonneman asked if all city vehicles were numbered. t i The City Manager informed the Council onfy the Police I I : Cars were numbered at the present time. By common consent i
f it was agreed that all vehicles owned by the City should ; : be numbered. I
i Buena Vista Avenue Improvement. Discussion was given as to: : what progress had been made towards the improvement of ; i Buena Vista Avenue, due to the fact the new school would i
.8 ; be opening this Fall. The City Engineer stated the Eng- ;
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- i ineering Department had not had time to activate the pro- i : ject. It was pointed out the City would have to have a ; i 48' right-of-way in order to use State Gas Tax Funds, and i
i this will necessitate acquiring property, The City Eng- : ; ineer informed the Council that he would reactivate this i
i project as soon as possible, and would contact the prop- ! : erty owners to see if they would be willing to .participate! i in the improvement, I 1
i Appointment to Parks and gecreation Commission. Some of i : the members of the Council felt Mr. McRaig should be I I ; contacted to see if he 1.mu1d be willing to serve another i : four year term, as he had prforned an outstanding job on i i the Conmission. Cwn. Sonneman stated Mr. McKaig had done I : an excellent job on the Commission, bur felt other members: : of the citizenry should be asked to servee Cbm. Sonneman i ; further stated she t7OUld like to present the name of Mr. : : Palmer, 2635 Highland Drive, as she knew he would be will-: i ing to serve. After considerable discussion, the Mayor : ; stated he would contact Mr. NcKaig to see if he would I i consider another term of office, and this matter would be : : considered at the next regular meeting of the Council.
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I : RA PFICATIOP! OF BILLS AND PAYZGLL: I I
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I I : Ratification of the bills was given for the general expen-! I ses of the city in the amount of $13,463.35, and the Water: : Department in the amount of $6,400.47, for the period I I August I, 1961 to August 15, 1961, as certified by the : : Director of Finance and approved by the Auditing Committee;
i Ratification of the payroll was given for the first half , i of August, 5%1, :n the amount of $14,334.86, as certified: : by the Director of Finance and approved by the Auditing i i Committee. 1
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I $ + I * I : ADJOURNMENT :
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I I I 1 By proper motion the meeting was adjourned at 1O:OO P.M. .:
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I a : Respectfully submitted, I I
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I P;V?../k&&,2/ (, , :/d/&/&7*&J i MARkAREy E. mm I
: Deputy 'Clerk
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