HomeMy WebLinkAbout1962-04-23; City Council; MinutesI '* i- i CITY OF CAZLSEAD I Meeting of: CITY COUNCIL (Ac!j~m,sd .meeti-ng) : ; Date of Meeting: April 23, 1962 i ~a me '8 '$A, \, Q3' I Time of Meeting: 7: 00 I?. M. ; 1""""""""""- Place of Meeting: """"""""""""""""""""""""""~"""""""""""-~-~ Council Chambers i Member -$3@,$-od
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I I I : ROLL CALL was answered by Councilmen Guevara, i Bierce, Hughes, Neiswender and McPherson. Also : present were City Clerk Price, City Manager Slater and i i City Attorney Hayes.
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I Selection of Mayor and Vice Mayor.
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i The City Clerk presided as Chairman of the Council and i
i announced that nominations were now open for Mayor, : Guevara :x: i 5 i Cmn. Guevara opened the nominations and placed the namb Bierce ; ! ;x: : of Earl McFherson for Mayor. Cmn. Hughes placed the : McPherson: ; ; xi \ name of €3. E. Bierce for Mayor. By motion of the i Neiswender: $: 2 I Council nominations for Mayor were closed. : I Hughes i ; :xi
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1 I ! :i:: j The vote for Earl McPherson was answered by three ayesi : Cmn, Bierce and Hughes voting no. The vote for 23. E. i I Bierce was answered by two ayes, Cmn. Guevara, : McPherson and Neiswender voting no. The Clerk annound- ; ed that Earl McPkerson was elected Mayor of the City of : i Carlsbad, and the new Mayor accepted the chair from the i I City Clerk.
I Mayor McPherson gave a brief acceptance speach, and ! ; stated with the capable assistance of the other members i i of the Council he will try and perform the duties of the : : Mayor to the best of his ability. # I
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I,!* I The Mayor announced that nominations were open for the i Guevara i. i i X: i position of Vice Mayor. Cmn. Guevara placed the name : Bierce ~ 8 ;x:xI : of CarlaNeiswender for Vice Mayor. Cmn. Bierce placed McPherson: ! i xi I the name of Jack Hughes for Vice Mayor. By motion of i Neiswender; : :x:
! the Council the nominations for Vice Mayor were closed. ; Hughes i :: i x1
i The vote for Jack Hughes was answered by two ayes, I ;:h i Cmn, Guevara, McPherson and Neiswender voting no. : ;I:: : The vote for Carl Neiswender was answered by three ayei, !!I: 1 Cmn. Bierce and Hughes voting no. The Mayor announce9 lI::
; that Carl Neiswender had been slected as Vice Mayor. : :1::
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I : CORRESPONDENCE:
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I I t ! I I I (a) Rotary Club of Carlsbad re: Support of acquisi- i i tion of Santa Fe Depot. Letter dated March 23, 1962, i from the Rotary Club of Carlsbad, was presented, stating! : the Carlsbad Botary Club has joined in the interest of the i i Chamber of Commerce in the effort to save the Atchison, : ; Topeka & Santa Fe depot. They have elected to maintain I i the park area, west of the tracks, as the Paul Karris ; Rotary Park, providing that suitable terms were negotia- i i ted by the City with railroad company for the acquisition ; I : of the whole depot grounds.
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.I.! I : Cmn. Bierce asked what progress had been made in this i i respect, and the City Manager informed the Council a : : letter had been written to the railroad company, regardink I the gift of the depot to the city and leasing the area arounq : the depot. A letter was received back from the railroad ; i company stating they would be willing to denote the depot : : to the City of Carlsbad, and would let the city know at a : I later date as to the leasing of the property.
:r %y common consent the City Manager was instructed to I i write another letter to the railroad company as to the : : leasing of the land.
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B 1 1 I (b) Oceanside Masonic Lod e No. 381 re: Re uest
I, 962, addressed to the City Manager, from the
i for support of Public School week. 5L"F7l" e ere
: Oceanside Lodge No. 381, asking the City's support for i public schools. April 30 to May 4th has been set for
f 'Public School Week'! They requested a copy of the
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i Mayor's Proclamation for Public School Week. I I 11;
: The City Manager was instructed to contact the public : I schools in Carlsbad to see what they have done in regards: 1'11
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I I I I 1 (c) Parade Chairman for Spring Holiday re: Invita- i i tion to participate in the parade. Letter dated April 4, i
I m62, from the Chairman of the Spring Holiday Parade, i i was presented, wherein it stated the annual Spring Holidai : Parade will be'held on Saturday, April 28, 1962, at 1O:OOI i A. M. A cordial invitation was extended to the Mayor and! ! the members of the City Council to participate in this i i parade. I I
i The City Manager asked which of the members would be I : able to participate in the parade, and all the members ; i except Cmn. Bierce stated they would be available. Cmni : Bierce stated he would inform the City Manager at a later: i date if it were possible for him to participate. I I
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I (d) Pierce C. Davis re: Lebarr Estates No. 2 sub- i : division. Letter dated April 9, 1962, from Pearce C. i 1 Davis and Grace E. Davis, was presented, in which they i i entered a protest to the present plan of Lebarr Estates I : #2 subdivision, witrl respect to the increase in height of : I the land from normal ground level to nearly eight feet on : : lots next to their south property line. They requested that i this unnecessary and unwarranted destruction of property i : values be immediately stopped by proper action of the : i City Council, and that future subdivisions be so engineere? : as to retain the beauty and charm of Carlsbad.
i The Mayor asked the City Attorney if there was any actio$ : the Council could take at this time. : The City Attorney advised the Council that since the formtr ; Council had approved the final map of Lebarr Estates #2, ; I there was nothing this Council could do. However, if the i i parties feel their property has been damaged they should : 1 seek private counsel.
i The City Engineer pointed out that our grading ordinance i : only provides for proper drainage and protection of i property damage. I 1
I Cmn. Neiswender asked if this Council could do anything I : to prevent this situation from happening in the future.
: The City Attorney stated she would check to see what i limitations could be imposed.
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I I I I I I I I I 1 I I 5 I I I (e) Buena Vista P. T. A. re: Buena Vista Avenue i I Improvement. Letter dated April 11, 1962, from the i i Safety Chairman of the Buena Vista P. T. A. , was present: i ed, stating that the Safety Committee of the Buena Vista i ; P. T. A. is still aware of the hazardous condition that I surrounds Buena Vista School, and are in hopes that in i ; the very near future they will be able to see progress on ; i the Buena Vista Ave. improvement.
i The City Manager informed the Council this matter has i : been before the Council previously and the city furnished I i a crossing guard, installed stop signs and provided a : walking area along Buena Vista Ave. At present there is 1 i a 191 1 Act petition being circulated for the improvement i ; of Buena Vista Avenue.
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I I I (f) Frederick K. Kunzel re: Dissolution of Carlsbad i : Mutual water Corn an etter dated April 3, 4 tk firm of Glenn & wr:;:, was : '2, fro?
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I I I I ;i;: I presented, stating that proceedings for the voluntary dis- ; : solution of the Carlsbad Mutual Water Company have been: i commenced, and their office is handling the dissolution i I proceedings. In order for members of the corporation to : ; participate in the distribution of assets upon liquidation, i ; the by-laws require that a written request for participation 1 be filed. I
i The Council was informed this matter has been discussed i i with the City Attorney ad she is of the opinion that a 1 I : written request for participation should be filed.
i By common consent of the Council the City Manager was i i instructed to file a written request for participation in the: : distribution of assets. I
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I (g) Ted Russell re: Las Flores Street Improvement. i i Letter dated Apr' , from Ted Russell, was pre- i ,: sented, stating $a:in'?zletter dated March 14, 1962, ; i he had requested certain specific information as to the : : improvement of Las Flores Drive, and that the City I I I Engineer had attempted to answer some of the questions, : : but some of the questions were not answered, Mr. Russet1 i requested that he be given more specific answers. I I I I I I
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l!*l ! Mr. Russell's letter of March 14th and Mr. Wathbun's i I letter of March 23rd were reviewed for the Council. The ; i City Manager pointed out to the Council that at the time : : the proposed extension of Las Flores Drive was presented! i it was proposed that Las Flores Drive be made a second- i i ary street, which would require widening the street and ;
! would necessitate purchasing property from some of the 1 i property owners. However, there has been no precise ; ; plan adopted and no engineering work done on the project, i i tiherefore, it would be impossible to state an exact cost : : per front foot until this work has been done. I
; By common consent of the Council it was agreed that the i i City Manager answer Mr. Russell's letter and inform . i : him that as soon as a precise plan has been adopted and ; i the engineering work has been completed, that the proper; : ty owners will be notified as to the cost per front foot, and I other pertinent information he has requested.
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I I I I ' (h) County of San Diego re: Glue sniffing. A letter i f from the Probation Department of San Diego Canty was ; I read, pointing out the increasing juvenile problems in i : the area resulting from the practice of "glue sniffing" by : i minors. The letter pointed out that such practice has an i i intoxicating effect on the individuals using it as well as : : a very dangerous toxic effect upon the body, and the letter! I suggested the adoption of an ordinance controlling "glue : i sniffing" and included sample ordinances for guidance. i
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i After discussion by the Council, by motion of the Council i Guevara i ix ixi i the City Attorney was instructed to prepare an ordinance : Bierce : : ;x;
I prohibiting the inhaling, drinking or breathing of certain i McPherson ! i i X: i substances. : Neiswender! : :x:
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I I (i) Chula Vista Chamber of Commerce re: Council ! i support of creation of a unified port district. Letter : dated April 6, 1962, from the La Mesa Chamber of
1 I I I i Commeke was read, in which they enclosed a copy of a i i resolution adopted by their board in support of the creatiob I of a unified port district for the Port of San Diego. They :
i requested the City of Carlsbad to support this project. i
i The City Manager informed the Council they had previous! i ly received information on this matter from Senator Fishe's.
i The letter was ordered filed.
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I (j) City of San Diego - Letter of appreciation for the I
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I City Attorney's participation in the Attorneys' Spring i Conference. Letter dated April 11, 1962, from the City i : Attorney of the City of San Diego, expressing his appre- i i ciation for Mrs. Hayes's participation in making the I I : Attorneys' Spring Conference a success. !
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t!!i ! The letter was ordered filed. I :;*a I I I :!:: 1;::
I I I 1 (k) Helton Construction Company re: dequest for ! i sewer connection. Letter from Helton Construction (To, i
1 was presented, requesting permission for Mr. and Mrs. ; i George Nardelli, owners of Lot No. 90, Granville Park i : #2, to connect to the public sewer system which lies in : i Ocean Street. Lot No. 90 faces Garfield street, which i : has no sewer line. The deed to the property provides for : i a 5 foot easement to allow the owners access to the sewer: : through the property adjacent to Lot No. 90. I I
! It was pointed out that similar requests have been granted: i in that area, and that the city has established a policy I I for sewer service through private easements, providing ; i certain requirements are agreed upon, one requirement : : being that at such time as sewers are available on Garfielb I street that the property owners agree to participate in i : the cost, and that an agreement be entered into between : i the property owners and the City of Carlsbad.
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i After consideration by the Council, by motion of the i Guevara 7 ; !x: : Council it was agreed that if the Engineering Department : Bierce : :x:x: i feels that it would not be detrimental to the over-all city i McPherson ; ; !xi I plan, that the City Attorney be instructed to prepare the ; Neiswender! : ;x: : necessary documents. i Hughes i 1 !xi
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i Beach area. Cmn. Guevara stated he felt the city should! i negotiate wi% the San Diego Gas & Electric Co. to see if I ; it would be possible to lease a portion of the property from i the gas company that lies west of their plant in order that i : the citizens and tourists could have more access to beach ; i area He would like to have a committee appointed to I ; investigate this matter. I I
: Cmn. Bierce stated this matter was discussed with the ! i gas company by the committee appointed by the former :
i Mayor. It was also suggested that Mr. Ecke be contacted;
; Cmn. Neiswender stated he would like to digest this I election before he expounds on several matters. He woulp ; like to be thoroughly informed on what has transpired. ;
[ Mayor McPherson stated he would like to have the present! ; committee report back to the Council at the next regular i
i meeting as to what has transpired. L I
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I I M3. EDNAdD LAWSON, 1370 Euena Vista Avenue, I :.; ; 1
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i stated he had received a letter from the Engineering I :;I: i Department setting forth the estimated cost for the improde- i:i:
: ment on Buena Vista Avenue. He further stated the propei- ,It: 1;11
i ty owners previously had sent a letter to the Council pro- 1 :::I
I testing any improvement that would be borne by the propeG- ::;'r
1(11 i ty owners, as they felt the city should pay for any improv4- ii:: : ment, and asked if this letter of protest would still be : ;+I1
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B I I I i It was pointed out by the City Engineer that a 191 1 Act i : Improvement petition is presently being circulated for the i
. i improvement of Buena Vista Avenue. 9 I I I I !
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l1!I i The City Attorney stated that at the time of a hearing on i ;;;;
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4 I ;;;I I :I*: i an improvement district it would be necessary to enter 1 I'll : another protest. 1:*1
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! Abandonment of water easements. The Engineer present-: I ed a map of Lebarr Estates #2 subdivision, in which he i : pointed out to the Council there were two water easement& $:I i and the subdivider has requested that these easements be i
f abandoned. The Engineer informed the Council the city : ;pi I has no use for the easements and recommended the requedt :I;; : be granted. I #I
i By motion of the Council the City Attorney was directed I Guevara I !xi xi ; I #I(
i to prepare the necessary documents for the abandonment i Bierce k; :x: ~ I of the easements, and the Mayor authorized to execute : McPherson I : :xi ~ ; the documents on behalf of the City of Carlsbad. i Neiswenderi I i x:
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: CITY ATTORNEY'S REPORT: :;$I
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$ I 11 1 I :;$I : The City Attorney welcomed the new members to the I :I:: i Council. She informed the new members there are I ::;: i several lawsuits pending, and she would be most happy ! +: ;: ; to go over these lawsuits with the new members. + 1 :iii
I 1 :I 1 I 1'11 i rtequest for water records by City of Oceanside. Approx-i I:;$
::I: i lmately six months ago the City of Oceanside requested : Id:, : permission to review certain water records of this city. i I Over three years ago the City of Carlsbad was a party to :
, ; a lawsuit to protect its water rights in the San Luis Rey : i Valley. The decision was in favor of the City of Carlsbadi ;::! : however, Mr. Paul Engstrand, who ably represented the : :::: i City of Carlsbad, is to prepare the findings and judgment, i :aa: : still has all of the records. Several requests have been ; :;;i i made by the City of Oceanside, and they were informed i :**; : the records. were not available. Due to the anxiety of the ; is; i City of Oceanside, a meeting was arranged with the City I I:, : of Oceanside and their attorney, Mr. Paul Engstrand, the : :::i i City Manager and myself. It was agreed that with Mr. i '*II :::; : Engstrandls assistance the documents and information : :'if i would be turned over to the City of Oceanside by April 27, i :;,a :::: : 1962. I ::;;
I I I I i::: : CITY MANAGEd'S REPOKT: I t :1::
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: The City Manager informed the Council the Mayors and : ii::
i Councilmen's institute is to be held in May at Berkeley, i i::;
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I I11 s I 1 ;::I I The Mayor requested the City Manager to contact each of i lit:
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; the members of the Council to see if they wished to attend; It
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t I $11 i Testing of motors for boat repair shop. A request has i i:::
: been made by the operator of the boat repair shop to be i ;:::
1::: i granted permission to test unmuffled motors that are I ::I: i being repaired. He will either notify the Police Depart- i 81 I l
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: rnent or the City Manager when he is going to test the I i:;: i motors. It was pointed out that a Special Use Permit was i III:
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I I ,111 I 1 *It! : Considerable discussion was given this matter by the 1 ;:!I
i Council. Cmn. Neiswender asked the City Attorney in i :SI' ; view of the recent decision by the Supreme: Court if the : i city was not "sticking its neck out'' by allowing any un- i ! muffled boats on the lagoon. i The City Attorney informed the Council it was her opinion I i that the decision of the Supreme Court does not affect the I ; boats on the lagoon, it only relates to airplanes.
I After further discussion, by motion of the Council it was i ;:!I
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I I;:I i agreed that an ordinance be prepared to allow the opera- i Guevara :xi ; 4 L;i
: tor of the boat repair shop to test unmuffled motors ; Bierce i during certain hours of the day. i McPhersoni i I x;
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I I i A short recess was called at 8:lO P. M. The meeting i :;;; : reconvened at 8: 23 P. M. I I::; ! I ::!I I
I 1 I ! Increased cost of meters. The Director of Finance has I I requested that the city increase their rates on a 5/8 inch : i meter from $40.00 to $45.00.
i Mr. Scholink was present and informed the Council the i : city is planning to purchase between 40 to 50 meters I i within the next week. The price of the meters has gone i : up 10%. The city makes 80C on the meters, which does : i not take care of the labor to install the meters. The cost i : of the meters is not included in the water ordinance. I
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l,!l ; By. motion of the Council it was agreed that the cost of i Guevara I ; ;xi i the meter be increased to $45.00 per meter. I Bierce bi !x:
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I!'# : PLANNING COMMISSION
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I ; The Council was informed there were five vacancies on I i the Planning Commission, and Mayor McPherson request; i ed the members of the Council to submit names for consid:- : eration. The following names were submitted:
I Max Ewald David Baird Jack Keenan &ussell Grosse
1 John Grant Arnold Brilhart
I Clyde Dillon Pierce Davis
1 Joseph Guard Jane Sonneman
I Ben Ward
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I I I I I I I I I I I I I I 1 I I I I I I i The Mayor stated he did not wish to make any appointmentb : at this meeting, and requested that the members of the : i Council contact each of the above named persons prior i ; to the next regular meeting in order to become acquainted: i with the persons being considered.
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I I I I ADJOUftNMEPSr:
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I I I 1 I I i By proper motion the meeting was adjourned at 8:45 P. M. I
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!I.? II i .itespectfully submitted, I .l-n I
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I T E. ADA S i Deputy ity Clerk
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