HomeMy WebLinkAbout1961-10-03; City Council; MinutesI z ; CITY OF CAKLSBAD I \' ; Minutes of CITY COUNCIL (i3egalar meeting) i I Date of Meeting: October 3, 1961 ; Na rne'8+$8:.j.(eq I Time of Meeting: 7: 00 P. M. i of '%;%,8&$& ; ,""""""""""""~"""""-""""""""~"""""---""----";""-"--------"~--"-~-~. Place of Meeting: Council Chambers I Member \$@.@,ON< i.:;:; i ROLL CALL was answered by Councilmen Guevara, 1;;1: : Eierce, La Roche and Sonneman. Councilman McPhersod ;;I:' ::::; '1; i absent. Also present were City Manager Slater and City ; !:::I
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B 1 Attorney Hayes. &
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i ALLEGIANCE to the Flag was given.
i INVOCATION was offered by Councilman Bierce.
I i APPHOVAL OF MINUTES: ; I I I . .,.,.+. j ,,+." . ,,- ,., .. . .. I I I I I I (a) The minutes of the regular meeting of September I Guevara
t ! La fEoche
; 19, 1961, were approved as submitted. : Bierce
I : Sonneman
: COitRESPONDENCE:
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I I t k I I I (a) Carlsbad Union School District - re: Extension I i of Las Flores Drive. Letter dated September 26, 196ri : 'from the Carlsbad onion School District, stating that the : i Governing Board at their regular meeting of September Z$ i 1961, went on record that it is interested in offering : coop6ration to the City in the development of the extensio4 i of Las Flores Drive, and would be very happy to meet with ; the City Council or its designated representatives at such i ; time as the City Council is prepared to take further actio4 i in the matter. I I
: The City Manager informed the Council this was in re- ; ;
i gards to a meeting attended by the City Engineer wherein i : he presented the proposed plan of Las Flores Drive. The: i next step will be to hold a hearing before the Planning I i Commission to modify the Master Street Plan, designatin6 ; Las Flores Drive as a secondary street, a portion of 8 : Highland Drive as a secondary street and Buena Vista i i Avenue as a local street. I *
i The letter was ordered filed.
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I I t I 1 (b) Parks and Becreation Commission - re: County i
1 me : i Refuse area. Letter dated September 23, 19 ; Parks and Recreation Commission stating that a motion : i was passed at their August meeting, requesting the Council : to investigate the possibility of having the Board of Super-; i visors return the ownership of the Carlsbad Dump to the : : City of Carlsbad. The Commission is interested in the i i site for a city park similar to Buddy Todd Park in Ocean-:
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: In order to give a brief background of the area, the City i i Manager informed the Council the area consists of approxf : imately 2 1 /2 acres; in 1938 the property was turned over: i to the North Carlsbad Improvement District; in 1945 the i : Carlsbad Sanitary District was given a grant deed to the : i property; and in 1952 it was turned over to the County for i
i a refuse area. The City Manager recommended the City ; ! pursue this matter to see if the Board of Supervisors i would turn the property, over to the City of Carlsbad.
1 Discussion was given as to what condition the property I : would be left when the County terminated the use of the : i area, and the City Attorney informed the Council that in ! : accordance with a judgment entered by surrounding prope4- i ty owners approximately two years ago, it would have to : : be left in fairly good condition. I 8
: By motion of the Council it was agreed that a letter be i Guevara i sent to the Board of Supervisors, bearing that Mayor's i Bierce : signature, requesting that this area be returned to the ; La fioche I City of Carlsbad. I Sonneman
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( c) City of ~a lairsda - re: desolution of the ~j-ty of; : La. Mirada, Letter dated September 19, 1961,frolr?ihe I : City of La Mirzda, enclosing a resolution adopied by %?lei$ : cit:~, in an ef€ort to urge +he citizens and governmental I : agencies to encourage the construction and erection of ; i fall-out shelters. They requested the City to adopt a i : similar resolution. I I
! It was the decision of the members of the Council that no : : action should be taken on this matter. The Mayor reques!- ! ed the letter filed. I I
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I I !$I! '81 i The building inspector reported to the Council that the : ; owner of the property located at Oak and Lincoln Street, I i is attempting to tear down the building, however, it will : : necessitate a bulldozer, and there will not be one avail- ! I able until this cornkg Sunday or the following Wednesday, :
I M&S, OLAF OLSON, stated they had applied €or a re- I : classification of their property, It was heard before the i i Planning Cornmission, and they would like to know if there
i was any way the matter could be rushed by the Council, i i as they axe ready to procede,
I OLSON I i Mrs. Oiafhas informed that in accordance with the law ! i the matter must be given legal notice prior to the hearing: ; therefore, the matter could not be heard ahead of time. I
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I ( a) Heclassification of property located on the I i n.orthwesterly ictersection of Elm Avenue and U. S. 101 i : Frecway from Zone R-3 to Zone C-2. i Th2 C!e& certified as to proper notice having been given,! : Also that no wri'ctm protests had been received prior to ; i the time set for the hearing.
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.!*I 1 I ii:; i Resolution NO, 220 of the Planning Cornmission was I I::: i presented, recomrnen&ng reclassification of the properts :::: ; Ciw to certain exis.iing factors. I I ;:::
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1 f 1 *!!I i The Mayor declared the hearing opcn, and anlsed if there i i were any pereons present desiring to speak itl oppocition : : to the reclassification of this property. There were no : I persons present desiring to speak, I I
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'1:; it:: I The Mayor asked if there were any persons present who i ;;ii ; wished to speak in favor of this redasaificztion. There I :;a:
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I i The Mayor declared the hearing closed at 7:36 P. Pd. 4 I *I::
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i After discussion by the Co?mcil the City Attorney pre- : sented the following resohtion for the Council's review: i
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I i itesolution No. 772. A RESOLUTIQN OF THE CITY i i COwNC.TIL OF THE CITY OF CARLSBAD, ANNQUNC- : : ING FINDINGS AND DECISION ;tEGP,ADING CXADGE t ! OF ZONE CLASSIFICATIGN OF CERTAIN DESIGNATE6 Guevara ; :x! 4 t PROPE~TY JN THE CITY OF CARLSBAD FROM ZON~ Bierce :X! I x
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0 i R-3 TO ZONE C-2, was adopted by tMe cnly cnd furthe4 La Roche ; i : 4 i reading waived. : Sonneman ; ; i i
i The following ordinance was presented to the Council for i : a first reading:
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I I ! Ordinance No, 9121, AN ORDINANCE OF TBE CITY O$'
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i CAR NIENDING ORDZNAXCE NO. 9060, ; Guevara ; :xixi
t CEAMGING CERTAIN DESIGNATED PROPEIZTY FROM i Bierce :X; ;x: ' i ZONyz: T: ZONE C-2, IN THE CITY OF CA3LSBAD, La Roche : i ;xi : was given a first reading by the Council. ; I S.onnemanj ; ; :
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1 a:!! 1 I I (a) License assignment for water main on Santa re I I",
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i Railway--way. A memorandum from the City i : Engineer stating that included in the city's planned water ; i system rehabilitation program is the replacement of i existing 3 and 4 inch main along the westerly Santa Fe i : right-cf-way from Tamarack Ave. to Oak Ave, The : A. T. & S. F. Railroad has requested that the city have i i the existing license now in the name of Carlsbad Mutual : i Water Coo assigned to the City of Carlsbad and that a new! ; license be executed for the proposed line. The Carlsbad ; : Mutual Water Company's attorney will have the license i i assigned. The City Engineer requested that the City i Council authorize the Mayor to execute the necessary i : documents in order that the city can proceed with the I Guevara i I ; xi i construction. By motion of the Council the Mayor was : Eierce !xi :x; : authorized to execute the necessary documents to com - { La Roche ; : : x: i plete the license assignment. ; Sonnernan : ixi3
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I I (b) Petition for cash sewer improvements in Park I)$. : Memorandum from the City Engineer to the Council staticg i there are 8 lots in the Carlsbad Estates Subdivision : located along Park Drive that ar;! not served by the City i i sanitary sewer system. Upon request of interested : property owners, an estimate of the cost of this improve-! i ment on a cash basis was made. Six of the eight property: : owners are now petitioning the city to proceed with this i i improvement. The City Engineer recommended that the : : city participate in the project on a refund basis to the i I sewer revolving fund at such time as the other two proper:- : ty owners desire to connect. The ammnt necessary i should not exceed $890. The petition was presented along: i with a plat of the area for the Council's review.
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I,! i After discussion by the Council, by motion of the Council i Guevara ! i i i ; it was agreed that the city participate in thZs project in i Bierce !xi : g i an amount not to exceed $890,00, and that stzch amount be: La Eoche : : i d t taken from the Sewer Revolving Fund, i Sonneman i i x: 4 I I 11 I I I:?]
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I (c) Pipe line bids. Memorandum from the City i Engineer was presented, stating that at 1:00 P. X, , : October 2, 1061, bids were received for the cement i mortar lining of approximately IO, 200 feet of 10'1, 12" i : and 14" diameter steel water main in Millside, Park Drivt i and Calavera Lake transmission lines. A copy of the bid : : tabulation was attached, together with the Engineer's i I estimate.
i It was pointed ou-t that the low bid was 2070 below the I Engineer's estimate, and this bid was submitted some- i : what hastily. The City Engineer recommended that i Council action be deferred until October 17, 1961, in i : order that investigation can be made cf the low bidder's i i financial status and performance ability,
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I I I * I I : Rv common consent it was agreed that action by the I I I
xncil be deferred until a report was made back by the i
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i LIBPkARY:
I I I I (a) Library Committee report on Library site. The { i Council committee, consisting of Cmn. Bierce, Guevara; i City Attorney Hayes and the City Manager met with the i : members of the Library Board of Trustees. After dis- :
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I :it;; i cussion with the Board members they have indicated they i i would like to have the Vaughn property as the library sit& : hswever, they have requested that title to the property I i be vested in their name.
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i By motion of the Council it was agreed that the Vaughn i Guevara I I X\ 4 i : property be specifically designated as the library site for: Bierce :x: I X i i the City of Carlsbad, : La Roche I ! : 4 I
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I I ;:,I: ! I,!1 I I MR, DONALD CABR, one of the members of the Board 1 i of Library Trustees, stated the Chairman of the Board I : was unable 'to be present this evening, and on behalf of ; i Mrs, Strause and the other members of the Board he i : wished to express their appreciation and thanks, I
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1 I I NEW BUSINESS:
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I I (a) First reading of Qrdinance No. 2025, amending i : section 1 of Ordinance No. 2020, by adopting the 1960 i i Fire Prevention Code. The following ordinance was pre-: : sented for the Council's review and consideration: I I I I I
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!;:!I ; Ordinance No. 2025. AN ORDINANCE OF THE CITY i I OF CARLSBAD, AMENDING SECTION 1, OF ORDI- : Guevara : :x: 4 j : NANCE NO, 2020, OF THE CITY OF CAIZLSBAD, BY i Bierce ;ijx; I ADOPTING THE 1960 FIRE PREVENTION CODE, was : La Roche ; : : 4 ; : given a first reading. i Sonneman :x: :X I
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(a) Report on the Las Flores Overpass. The City 1 Manager informed the Council he had written to the State i Division of Highways concerning the bridge at Las Ffores: Drive, justifying our reasons €or wanting some type of I preventive measure taken. A letter has been received ; from the State Division of Highways, stating they were : very much interested in the safety of both pedestrians and drivers and can arrange mutual participation in any pro- i ject that warrants expenditure of funds for these purpose% however, with hundreds of such structures on the State i Highway System acd never a problem due to children climbing on a rail, there may be some doubt as to the i need. I€ it can be shown that this is the only solution, . : and children are actually walking on the rail, they will be! glad to recommend preventive measures.
The City Manager requested the next item on the agenda i discussed prior to any action being taken. 1 1
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I I (b) Aeport on Student Safety Patrol. Letter dated i I September 26, 1961, from the Carlsbad Union School 1 i District, stating at the regular meeting of September 25, :
4 1961, the Governing Board passed a motion requesting i i the City Council to ask the Police Department to furnish : : the necessary supervision and instruction for the estab- i i lishment of an adequate, efficient school safety patrol, :
! The City Manager stated a meeting is to be held tornorrovj
! morning with Mr. Miller, the Chief of Police and himself! i to discuss these items of safety.
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:a:: I CITY ATTORNEY'S REPORT: I
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1 I I I :::e 8 It e. : Sewer Refund Agreements. The City Attorney informed i
f the Council the refund agreements that have been drawn : ;:IS i do not state any specific amount to be refunded. They ar4 ::;: : a 10 year agreement, and all moneys collected at the timt 1::;
:&I; I other property owners connect to the line, 75% is refund-: ;::: : ed to the party who installed the line. It is the Auditors' i :i:: : recommendation that a fixed amcunt be stated in the I I $11 :e::
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I I !i:tl i After due consideration by the Council it was agreed that i Guevara I ; : :x; I I::
i the sewer agreement refund policy be amended to show i Bierce aI !x: ; ! that all refunds shall not exceed 100% of the monies ; La doche i : :xi ; i advanced for which othzr properties would benefit. I Sonneman : :x :x: I
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I I !5s!l 1 I i Lawsuits - South Coast Asphalt Co. Judge Colliers has :
i sustained the demurrers, The Judge ruled that all propeG- i ty owners outside the City limits have no standing in Court, : therefore, the property owned by the Moores will be the : i only property involved in the suits. The second lawsuit is! : being dismissed, and the City will receive their court i i costs. The third lawsuit will be amended by the plaintiff. i : The decision on the Writ of Mandamus is being appealed. i i The City Attorney stated she had not as yet received a ; !' copy of the brief. I I I t 1
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&#,!I I,. "4 i CITY MANAGErE'S REPORT.
I Employment of Engineering firm for Joint Sewer Project. i : The City Manager reported that he and Mr. i3athbun I attended a meeting with the Vista Sanitation District : relative to the employment of an engineering firm to com-i
; Vista Sanitation District have employed the firm of i Engineering-Science, kc, from Arcadia, subject to the I I approval of the City of Carlsbad. The City Manager I I ::::I i recommended to the Council that the City Council approve: : this appointment, By motion of the Council the firm of : Guevara ; ; ;xi I i Engineering-Science, inc. of Arcadia, California, was r Bierce +I ;x: i approved to prepare the plans and specifications for the : La doche ; : :xi : joint sewer project. I Sonneman : jxjx:
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!:l:l i plete the plans and specifications for the project. The I I::@:
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I I Il,! I I i Guard rails on Carlsbad Blvd. A letter was written to i : Mr. DeTurk, Chief of the State Beaches and Parks, re- : i questing the State refurbish the guard rail along Carlsbad i : Bfvd. A letter was received stating they have referred : i our letter to the district for further action. I I
i City official named to prepare Annual Street Report. The i : Ete Controller's office has reauested.that formal action :
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! of the governing body of the city be taken designating the I i official responsible for the Annual Street Report. The j ; City Manager recommended that the Director of Finance bk i named as the official to prepare the report. Tlae followin4 :' resolution was presented: t I
1 fiesolution NO. 773. A ~~ESOLUTION OF THE CITY ; I COUNCIL, OF THE CITY OF CAHLSBAD, DESIGNATINGGuevara : THE DLtEECTOit OF FINANCE AS THE ~~~~~~~L i Bierce i RESPONSIBLE FOB THE ANNUAL STaFCEET aEPORT, : La itoche
i was adopted by title only and further reading waived, i Sonneman
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I ! Landscaping plans for the San Diego Gas & Electric Coo i [ The San Uiego Gas & Electric Co. have presented a plan i ; for the landscaping the area adjacent to Carlsbad Elvd. ; i They have asked if the City would have any objection to I : having the property owned by the city, which is adjacent ; i to their property planted. It was the general feeling of I : the Council they would have no objection as there are I 1 I no future plans for the widening of Carlsbad Blvd.
i The Council indicated their appreciation and felt this was i i a fine gesture on the part of the San Diego Gas & Electric : ; co.
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I I ? I 1 I I I Property for planting of live Christmas tree, The City i i Manager reported that the engineer is still working on : i the survey for the future Christmas tree site. I 1 t
I Property for planting of live Christmas tree, The City i i Manager reported that the engineer is still working on : i the survey for the future Christmas tree site. I 1 t I I I I t I 4 I I I I
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4 I. i .RATIFICATION OF BILLS AND PAYictOLL:
I I ,!'I i Ratification of the bills was given for the general expense: i:ii 1:II i of the city in the amount of $18,203.67, and for the Vlkater: ::ii ; Department in the amount of $73,633.02, for the period i Guevara :x : :x; i September 19, 1961. to October 3, 1961, as certified by : Bierce b :xixi : the Director of Finance and approved by the Auditing Comf La Roche : f ;x: ! mittee, : Sonneman ; i !x:
8 :I:: i Ratification of the payroll was given for the second half of: Guevara :x i i xi : September, 1961, in the amount of $14,383.88, as certi- [ Bierce i jx:x: i fied by the Director of Finance and approved by the ; La Roche i : :xi : Auditing Committee. i Sonneman ; : :x; ! l!*l
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i I ; A short recess was called at 8: 16 P. M. the meeting re- i i convened at 8: 36 F. M. I
i Executive Session. The City Attorney requested an I I ; executive session be called for the purpose of discussing i i litigation. The Mayor declared an executive session at i : 8:37 P.M. I
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I The regular meeting reconvened at 9:05 P. M.
1 Purchase of Hydro-Hammer. The City Manager advised i t the Council the city has a chance to purchase a Hydro- i i Hammer from Don Hubbard for $2,000. We have been :
f renting this equipment, and have recently paid $1200.00 : i for rental costs. Mr. Hubbard is willing to appy this i : $1200.00 towards the purchase price. The City Engineer! i stated the equipment is in fair condition. By common ;
; consent it was agreed that the city purchase this equipme$.
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I I I : Proclamation. Mayor La Roche proclaimed the week of I i October 9, 1961 to October 16, 1961, as Carlsbad Junior : : College week in Carlsbad. By consent of the Council the I i proclamation was affirmed. I
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I I i ADJOUltNMENT:
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t I I I I ! The Council was informed the subdivider for Shelter Covi i has requested that an adjourned meetinghe held on 1 : October 11, 1961, to approve the final map of Shelter Co&, i as they have a dead-line to meet as far as the San Diego : : Gas & Electric Co. is concerned, They have made severhl j changes since filing the tentative map, therefore, it will i : have to go back to the Planning Commission prior to I I i being presented to the Council for approval. I I I
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I 1 i Ey proper motion the meeting was adjourned to October i Guevara ; : : 4 ;;:I
: 11, 1961, at 7:OO P. M. at the City Hall Annex, 2960 Pi0 : Bierce : :x!$ i Pic0 Drive, Carlsbad, California. - i La Roche i i : i
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I i The meeting was declared adjourned at 9: 11 P. M.
: Respectfully submitted,
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i Deputy City Clerk
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