HomeMy WebLinkAbout1962-07-03; City Council; Minutes* i CITY OF CA&L,SBAD i Minutes of: CITY COUNCIL (Regular, Meeting) : Date of Meeting: July 3, 1962 i Time of Meeting: 7:OO P, M. i. pl?~~-!-pf,_~~_""" Council - - - - - - --- Chambers - - - - .. - - - - - - - - - - "_ - - -e_ - - - - - -"" -.
I ! &OLL CALL was answered by Councilmen Guevara, i Bierce, Hughes, and Mayor Pro Tempore Neiswender. : Also present were City Manager Pro Tempore Scholink i and City Attorney Hayes, Mayor McPherson absent. ! b
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l::!l i i ALLEGIANCE to the Flag was given. I ;:"I I :::
I I I :::;I I :;It; : INVOCATION was offered by Councilman Guevara. I :;::I ! I !I:!:
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I i APPSOVAL OF MINUTES:
I I I , (a) The minutes of the regular meeting of June 19, I 1962, were approved as presented.
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I 4 I (a) O'Melveny & Myers - re: Guestionaire as to bond issues fail. Letter dated June 25, 1962, from elveny & Myers, Attorneys' at Law, enclosing a : questionaire, stating this questionaire was being sent to i all the cities in Southern California, that submitted bond : issues in 1960-1961 and 1962. They requested that each I city fill out the questionaire as to why bond issues fail. : By common consent of the Council the questionaire was i referred to the staff for answering.
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I (b) County Department of Public Works - re: Pro- I j posed participation of Buena Sanitation District in the I I i vista - Carlsbad sewerage project. Letter uated June 14,: i 1962, from the Uepartment of Public Works was presented, ; concerning the proposed participation of the Buena Sani- { : tation District in the Vista - Carlsbad sewerage project. : i A map of the transmission line was enclosed for the : Council's review. They pointed out if the Euena Sanita- ! i tion District were included in the over-all plan it would : I be a savings to Carlsbad of approximately $48, 300. They! : requested comments from the City regarding the proposal{ i of the Buena Sanitation District becoming a party to the : : Basic Agreement. It will be their intention to recornmend: i that Buena become a party to the agreement after Buena ; : holds a successful bond election. I I
! The City Attorney informed the Council the County is very: i anxious to receive a verbal comment from the Council at I
1 this time in order for them to proceed with their report, ;
: By common consent it was agreed that the Council go on I i record as favorably approving in essence the Buena Sad- i
I taion District becoming a third party to the Agreement, ; i but as to legal details, they would have to be worked out i : later. I I
i ment of Anti-Utter laws. Letter dated June 24, 1962 1 i Trom the Parks and Hecreation Commission was preiented, ; wherein they requested that patrolling of the routes to the i : dump within the city limits be directed toward the enforce* i ment of the anti-litter laws. It was their feering that i : trash loads being hauled to the dump by individuals are ; i not being secured properly. They also requested the I I i Council to provide a back stop and softball diamond placed: ; in Holiday Park, and that signs be posted prohibiting the i i batting of hardballs, golf balls , etc, in the Park. I I
: The Ma or requested the matter of litter be turned over i i to the dty Manager; that the newspapers be contacted to ; ; support the anti-litter laws; and that the Police Departmerit i be instructed to patrol the routes to the dump more dili- : : gently, and that warnings be given when necessary. I
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I (c) Parks and Recreation Commission - re: Enf orcet
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I I I I I : As to providing a back stop and softball diamond at I Holiday Park, the Council requested this matter referred i i back to the Parks and Recreation Commission for specifi6 : information as to location, size of facilities, cost of con- I : struction and source of financing. t
! Council's decision to prohibit water skiijag in middle I I i lagoon. Letter dated June 22, 1962, from Verne Kahler, ! : statmg his appreciation of the Council*s decision to keep I i water skiing from the middle lagoon. 1 *
i The Council ordered the letter filed.
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I I I I I I I (e) City of Oceanside - re: San Diego Unified Port ! : District Act. Letter dated June 22, 1962, from the City i i of Oceanside, in which they enclosed a copy of a resolu- : : tion adopted by the City Council of Oceanside, opposing i i the San Diego Unified Port District Act, as it is their : ; feeling there are inequities in the Act. I
: The Mayor stated he was familiar with this Port Act and i I there are certainly inequities in the Act as proposed. 1 t i By consent of the Council the City Attorney was instructed
i to prepare a resolution for the next Council meeting in i I opposition to the San Diego Unified Fort District Act. I I
i O&AL COMMUNICATXONS:
i WILLIAM J. LA &OCHE, stated he would like to add i i emphasis to enforcing the anti-litter laws. He lives on i ; Chestnut A.venue, which is one of the routes to the dump, : I and the trash that falls from the vehicles is very bad, ; i and hopes something can be done. I I
i PUBLIC HEA3ING:
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I (a) Proposed Annexation of East Carlsbad No. 2.2. :
! The Mayor announced this was the time and place set for i I the public hearing on the proposed annexation of certain : : properties known as "East Carlsbad Annexation No. 2.2".!
: The Mayor inquired as to whether the required public i i notice had been given. The Clerk certified that proper I : notice had been given to each property owner of record ! i and that the Affidavit of Publication had been received : : from the Carlsbad Journal as to the publication of the I i Resolution of Intention. I t
i A mag of the proposed area to be annexed was presented i
! for the Councilfs review. I
! The Mayor requested that all written correspondence that I i had been received be read. 1 I
1 Letters of protest from the following persons and firms i I were presented: I I
i William E. Sommer ; Higgs, Fletcher 81 d Mack I I I Attorneys at Law ; 2250 Third Avenue I I I San Diego 12, Cd ifornia
i Mrs. Ida Dawson : Rancho Agua Bedionda Y Los Monos I i Vista, C-4, California
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* I ;;!I: i T. Bruce Smith : Attorney for the Carlsbad Municipal Water District I 1 : 2965 Roosevelt i Carlsbad, California I I
i The City Attorney announced the above mentioned letters i i of protest were in connection with the property known as : : the "Dawson property". I
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I" : Letters of protest continued I
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I 1001 North Pacific Street I Oceanside, California
I I i Albert M. Hudson, protesting on behalf of the ; Tootsie "K" Ranch i (No address on letter)
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;;;:; ! Further correspondence received as follows: I ::ii:
I t :!!I! I I Letter dated May 22, 1962 from the Carlsbad Municipal i : Water District, stating their only concern about the prop': i erty owned by the District, namely "Squires Dam': was i : the zoning for this area. I r Letter dated June 15, 1962, from Robert L. Clark, statik i they were pleased to receive notice their 265 acres of i ; property southeast of Carlsbad was being annexed to the ; I city, as it was their feeling that the additional burden of i ; taxes would be offset many times over by the increase in : i land value contributed by the addition of city services to I ; the property. I
! The Mayor announced that due to the fact the City of i Carlsbad was the applicant in this matter, the Council i : would now hear from those persons desiring to speak in ; i opposition to this annexation. He urged that testimony i : already introduced not be repeated. *
i WILLIAM E, SOMMER, of the firm of Hicks, Fletcher i i and Mack, Attorneys at Law, stated he was representing I : Mrs. Ida Dawson. Mrs. Dawson's ranch has always been: I one entity. Under this proposed annexation one-eighth of i ; her property would be brought into the City of Carlsbad. : I This would make it very diffucult in the event of a sale of i : her property. Also, this annexation could mean double ; i taxation for Mrs. Dawson as her entire parcel of land is I i within the Buena Colorado Water District (plat of the area: i was presented for the Councilfs review). This could re- i : sult in Mrs. Dawson being taxed by the San Diego County : i Water Authority, even though her property is outside the i : Carlsbad Municipal Water District. This property has ; i always been tied in with the Vista area. It is presently \ i within the Palomar College District and the Vista Unified : : School District. There are no access roads to the west i I into Carlsbad, and no utilities to connect the ranch with i ; Carlsbad. I
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!I.!I I I The only interest the City of Carlsbad has in using Mrs. i I Dawsods property is to assist them in the annexation of : : their property. The terraine of this property is such that! I it would be almost impossible to subdivide any of this ! : property. (Photographs of some of the terraines were : i presented). I
i Mr. Sommer read quotations from Sundayls Blade-Tribun+ : newspaper made by the Chief of Police and the Fire Chief : i wherein they stated the City was incapable of serving this : ; proposed annexation area as far as police and fire pro- i : tection. I I
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I : I I :!@;! I : Mr. Somrner further stated he had made a rough compu- i i tation of the taxes that Mrs. Dawson would have to pay ; : based on $1.34 per $100.00 assessed valuation, which : I would be approximately $260,00 per year, and she would i I be receiving no benefits for this taxation. The Attorney : I for the Carlsbad Municipal Water District has stated i I they could not serve this property as it is out of their : : district. There are certain moral and legal responsibifi-i i ties the City has to its property owners4 and if they cannot ; provide these services, then they are gbing out of their i : area. 1
i In closing Mr. Sommer requested the City not to include i : any portion of Mrs. Dawson's property in this annexation.!
i ME. ALBERT UISER, 636 BID oks Street, stated he did: i not have too much objection to the annexation of his propet- : ty, however, if they exclude the Dawson property he * i could see no reason for including his property.
i MB. LEWIS, Via Lido Norde, Newport Beach, California; i informed the Council he owned certain properties being ; ; considered in the annexation and he was also representing: : Lido Land Co. The City has indicated they wish a 400' : i strip along his property. The previous speaker has state$ : his feelings, 2nd in his opinion this plan was five years : J too soon. I I
i MRS. CATARINI, B. 0. Box 587, Carlsbad, stated they i i are opposing having any part of their ranch included in : : this annexation. She did not think it would include too i i much of her property but opposed having any portion of : ; her pro2erty annexed to the City of Carlsbad. I
i WYMOND JAUREGTJI, P. 0. Box 323, Carlsbad, stated i i he was opposed to this annexation. flis property is a i ; portion of Lot I%t'* I
: MRS. MARTHA KELLY PILSBURY, 4429 Ohio Street, i i San Diego, stated she and her parents own the James : : Kelly ranch, and they oppose this annexation for the same! I reason the other parties are opposing it. It is rugged : : terraine. I
; As there were no other persons desiring to speak in op- 1 i position, the Mayor declared the Public Hearing closed i ; at 8:20 P. M. I
i The City Attorney requested a ten minute recess in order I I for the Engineer to compute the percentage of protests. i
I The Mayor declared a short recess at 8:25 P. M. The i : meeting reconvened at 8: 35 P. M. I I :r Former Mayor La Roche asked to be heard. The Chair ! : recognized Mr. La rtoche. I I
i WILLIAM J, LA ROCHE, stated as a citizen of CarZsbadl i he would like to say that we have the usual confusion with i : the press. There is irresponsible reporting from time to: i time. What the Chief of Police and Fire Chief say, or i : whatever they may be misquoted as saying, the fact still : i remains that if there is an annexation and the Chief of ;
i Police and Fire Chief are directed to give service to that I i area, the people will get service or there wiil be some i i changes made he is sure. He asked that the Council not : ; use this as a reason for not annexing this property. The i : City of Carlsbad is going to grow regardless of what the 4 i public may think. He would like to feel these two gentlmei : were misquoted, as the City of Carlsbad is perfectly I I i capable of taking care of its obligations. 1 I
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I of the values of the privately owned property, however, i :::,I :: ::;;: i these are not legal protests. I
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i After discussion among the Council members, the City : (11#1 : Attorney presented the following resolution for the I I :;'I: i Council's consideration: I t :I::;
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I 1 I I I solution No. 831. A BESOLUTION OF THE CITY i
WCIL OF THE CITY OF CALZLSBAD DECLARmG I i THAT PROTESTS NOT WE BY OWNEM OF ONE- : : HALF OF THE VALUE OF PaIVATELY OWNED TEB- I I RITOHY AND PUBLICLY OWNED TERiZITORY PUL.2- : : SUANT TO GOVEWiMENT CODE SECTION 35313.2, i i was read in full ,and adopted.
I The City Attorney stated the Council has the authority I ! after the adoption of the above resolution finding there is i ; no majority protest to make some changes in the bound- : : ariks; however, they cannot increase the area to be an- i ! nexed, and they cannot dimish the area by more than five : i percent.
i As the Council did not indicate they wished any changes, I : the following ordinance was presented for a first reading: :
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t : Ordinance No. 1077. AN OiDI NPXCE OF THE CITY : i OF CARLSBAD APPHGVIHG THE ANNEXATION OF i : CEHTAIN UNINELABITED TEiCi3,ITOXY, DESIGNATED : Guevara :x! :xi i i "EAST CABLSBAD ANNEXATION NO. 2.2" TO THE i Bierce : :xixi ; I CITY OF CAIELSBAD, was given a first reading by the : Neiswender! I :x: i
; Cowxil. i Hughes i : Ixf i
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I 1 I !l*!l I I ; Cmn. Bierce stated he would like the Planning Commissih : to commence a study of this annexed area for over -dl i I zoning. BY common consent the City Manager was requeqt- i ed to forward a memorandum to the Planning Commission! : requesting the Commission to proceed with the study of :
i this area as to over-all zoning. I
i The City Attorney stated she felt the Council should assurb : the property owners that as soon as this annexation is : i effective services will be provided and that there will not i : be any double taxation. #
i The Council concurred with the City Attorney and advised i i the property owners services would be provided and that : : there would not be any double taxation. I
I ENGINEERLNG: I
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I (a) 1911 Act Proceedings - Assessment District No. : i 2-1961, sewers in Pi0 Pic0 Dr. , Adams Street, Tamarack : Avenue, Chinquapin Avenue, Highland Drive and easementis.
I 1 i The Council was informed the Zngineering Department ha$ ! completed the plane and specifications for the above-name@ i assessment district, and before further work can be corn-! : menced, the adoption of the fallowing reaohtivnc is noad- : I ed at this time:
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i Resolution No. 808. A BESOLUTION OF THE CITY I : "rO-lFITY OF CXRLSBAD, APPROVING : ; PLAT OF ASSESSMENT DISTEUCT, DETERMINING THff: :I1 i NATURE# LOCATION AND EXTENT OF THE PRO- ; Guevara : !XIXI ; I POSED IMPROVEMENT, ANT) APPROVING PLANS ANI% Bierce k I ;x: ! : SPECIFICATICNS, was adopted by title only and further i Neiswender i : :x! : i ~ea.ding waived, i 3whes ; : :x: i
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i Resolution No. 809. A &ESOLUTION OF THE CITY : I OUNCIL OF ''I333 CITY. OF CARLSBAD, CALIFOR&, i DECLARTNG ITS INTENTION TO ORDER THE CON- i I I
i APPURTENANCES AND APPWRTElNANT WOM IN : I I
i THAN LOCAL OR ORDINARY PUBLIC BUVEFIT; DES! & I I CRIBING THE ISISTliICT TO BE BENEFITED BY SALD I I WOBK AND To BE ASSESSED TO PAY THE COST i I I I AND EXPENSE THERE..F; DETELEMINING TXAT I I BONDS SHALL BE ISSUED TO REPSESENT ASSESS- i I I : MENTS TO BE LEVIED; AND FIXING THE TIME ANi 1 i PLACE FQR HEARING PROTESTS AND OBJECTIONS i I t : TC SAD WORM OR THE EXTENT OF THE DISTiUCT: Guevara i i TO BE ASSESSED, OR BGTH, AND GIVING NOTICE I Bierce I THEREOF, was adopted by title only and further reading! Neiswenderi
f waived. i TrIughes :
: STRUCTION OF CERTAIN SANITAitY SEW-EEtS AND : t
; SAID CITY; DECLARING THE WORK TO BE OF MORE 4
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I 1 I i Resohtion NO. 810. A WESOLUTION CF THE CITY i I I I ' ccUNCIL OF THE CITY OF CARLSBAD DETERMN- : Guevara i I ING THE GEPJERAL PREVAILING RATE e)F PER DIEM Bierce & : WAGES, was adopted by title only and further reading : seiswenderi i waived.
I t i I Hughes :
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I (b) Basswood Avenue street dedication. The Council I :;:::
i street grade, and now she would like to dedicate the I :::::
i property and improvements to the City for street purposed. :::e:
i was informed that Mrs. Alice M. Cooper had curb, side- i i::ii
; walks and gutter constructed on her property at the propel: :L::
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# I !l,!l I "1 I::;; i The City Attorney presented the following resolution for i :i::; i the Council' s consideration: 3 !:!I: 1 * ;,::t
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I L I ;I;:; 1 Resolution No. 832 A rlESOLUTION OF THE CITY i Guevara : ixix: ; i -= CITY OF CARLSBAD ACCEPTING : Eierce 9: :xi : i STREET 3IGfPT-OF-WAY AND IMPROVEMENTS, was i Neiswender: i !x: i : adopted by title only and further reading waived. : Hughes : ; :x! ; I !1..I I t # 1 !:I::
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: The Mayor requested a letter of appreciation sent to Mrs. : 1:::: i Cooper on behalf of the Council and the citizens of Carlsbe. iiii;
:*::I : has requested the City to plant street trees on Basswood : :I::! i Avenue as two of the trees were removed at the time the i :p::
: By common consent the staff was instructed to provide i lll:;
i street trees on Basswood Avenue in accordance with Mrs. ; ;:::;
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: improvements were constructed. I ;;I::
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I I : PLANNING:
1 I I I ( a) Memorandum from Planning Commission - re: i Zone Change on request of Francis J. Fox. Memorandm : dated June 28, 1962, stating the matter ofthe application f of Francis J. Fox for rezoning of certain property from i ;2-1 to C-2 was reconsidered, and it was the unanimous
I decisiou of the Planning Commission that they concurred i in the findings of bh City Council that the zone change : should be R-T.
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I "1:; i The city Attorney informed the Council the next step in i : the Proceedings would be for the Council to adopt a reso1u-l ::::I
:;'I: I tion Stating their findings in this matter as to the c-2 z0n-i ::::: i ing. The following resolution watl yrt~~ntp? far the I ::ii:
; Council*s review:
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I 1 i itesolution No. 825. A 3.ESOLUTION OF THE CITY i :"F" CITY OF CA8tSEA.D ANNOUNCING : IFINDINGS AND DECISION rtEGAi3DING CHANGE OF I
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I 'I1 'I 1 !#l!l I i ZONE CLASSIFICATION OF CEdTAIN DESIGNATED I Guevara : :xi i i ;'I"
: A-1 to ZONE C-2, was adopted by title only and'further i Neiswender: ; i & i
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I P~OPELZTY XN THE CITY OF CA~ZLSBAD FBOM ZONE Eierce !x! : 4 :
b I !I,. ! The City Attorney pointed out that due to the fact the i findings of the Planning Commission concurred with the i
t findings of the City Council as to kt-T zoning, an ordi- : i nance has been prepared for the Council's consideration, I I as follows: I
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1!I1! f Ordinance No. 9129. AN OgDINANCE; OF THE CITY ! ::: :: i OF CARLSBAD'AMENDING OIZDINANCE NO. 9060, l'oI : Guevara i I x: x: 1 ; CHANGING CE~ZTAIN DESIGNATED PRQPE~ZTY FROM i Bierce !x; j x: i i ZONE 8-1 TO ZONE R-T, IN THE Wi'Y OF CASLS- i Neiswender; i :xi 1
I BAD, was given it first reading by title only. ; Hughes i ; ;xi ;
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I I I (b) Memorandum from Planning Commission re: I I i Zoning and developing of north shore of Agua Hedionda i : La oon. Memorandum dated June 28, 1962, from the : I &g Commission stating by a unanimous vote' it was i : decided a committee be set up to vigorously study the 1 i zoning and development of the north shore of the Agua i I Hedionda Lagoon with the idea of developing a precise : : plan. Also it is envisaged that this study will be princi- : : pally concerned *ith property on the north shore of appro$- : imately 150' northerly of the San Diego Gas & Electric Coj i property line. I I
J Mayor Neiswender recommended a memorandum sent to ! ; the Planning Commission requesting they proceed as t i rapidly as possible with their study of the development of ! : the north shore of the Agua Sedionda Lagoon. I
I Ziesolution of Intention of City Council relative to amend- : : Ing permitted uses under' R-T Zoning. Memorandum I i dated June 29, 1962, from the Planning Commission : stating a public hearing was held on Resolution No. 827 ! I of the City Council, relative to amending permitted uses ! i under the R-T Zoning, and after fully hearing the problem& i involved in amending the R-T Zone to permit the sale of i i liquor and to operate restaurants in the 8-T Zone, it was i i unanimously decided that such an amendment would be i i unwise and was therefore denied. I I
t It was pointed out that due to the fact the City Council i i initiated this proposed amendment, it places the Council i i in the position as an applicant and therefore the Council ; ; may appeal to itself the decision of the Planning Commis -I i sion. 1 I
i Cmn. Bierce stated he originally requested this amend- i i ment, and after hearing the comments made at the Plan- i i ning Commission hearing he would like to go on record i
! as not favoring this amendment. 4
: A letter dated June '13, 1962, addressed to the Council i i from Leobert E. and Virginia Tiegen, 1340 Oak Avenue, I : was presented, stating they agreed with Cmn. Guevara ; i in protesting the change of zoning that would permit I I : alcoholic beverages to he sald on the lagoon recreational i ; areas. L 1
i By common consent it was agreed that the Council concur t i with the fifidings of .the Planning Commission in this matt-.
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I I I + 1 I I I I (c) Memorandum from Planning Commission re: I
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I t I I 1 (d) Memorandum from Planning Commission re:
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1 Appeal of decisiol : and La Verne R. Kelley, Memorandum dated June 28,
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Planning Commission, stating the appli-
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::!I* *I I I I I I cation of Harry F: and La Verne R. Kelley for a variant$ ; was reconsidered, and after due consideration, by a vote ; i of 4 to 2, the Planning Commission concurred with the I ; findings of the City Council that the frontage of 60' to a : r depth of 35', then a 10' easterly jog in the westerly propet- : ty line, and extending to the rear property line with a : I width of 50f, be approved, subject to the monumentation i : as required by the City Engineer. I
i been prepared in accordance with the findings of the City i : Council and the Planning Commission. The following : i resolution was presented €or the Council's consideration: I
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I I I I ; The City Attorney informed the Council a resolution had 1 :
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I i Resolution No. 829. A RESOLUTION QF THE CITY i : COUNCIL OF THE CITY OF URLSBAD, GRANTING : :;::I
: CRIBED AS A PORTION OF THUM LANDS, TLUCT ; Guevara ; i ; 1 : ll:*l
i 240, MAP 1681 IN THE CITY OF CARLSBAD, SUB4- i Bierce :x; i X i
I JECT TO CONDITIONS, was adopted by title only and ; Neiswenderf : : 4 : I further reading waived. i Hughes ; ixix: i
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i THE APPEAL FOR A VAALANCZ ON PROPERTY DES: i::::
I 8 i NEW BUSINESS:
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S 4 I I (a) Approval of Motorola Maintenance Agreement. i i The Council was informed a Maintenance Agreement had : i been received from the Motorola Company, which in- I
i cludes maintenance service for one year on the radio ; i equipment of the Police and Fire equipment. It will be i I necessary for the Council to approve the agreement and i ; authorize the execution of the agreement. 1
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I (b) First reading of Ordinance No. 3059, regarding i ::;:I : use of €la1 ; $1:: i the Mayor requested the City Attorney to draft an ordinan$e ::::I
1:;1; : regarding the use of flags being used in place of the ob- ; ;:;:; i server using his arm when a skier is down. The followin& ;:::I 81
;::'I : ordinance was presented, and due to the fact it was an : ;:::: i urgency ordinance the City Attorney read the ordinance in! *p:: : full: I
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1 : Cmn. Bierce stated he received a call from Mrs. Jay : I Hoffman, who is a rabid skier, and she stated all of the : i operators of the boats have to go by the Coast Guard ruled. ; It is her feeling that the time taken to use a flag could wel) I be used to pick up the skier. All the boats are watching ; ; as they know their skier may well be the next to fail. Cmh. i Bierce further stated he was passing this information on ; : for what it might be worth in the Counciits consideration I i of the proposed ordinance. I I
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I I I :ti:; i Ordinance No. 3059. AM OFLDZNANCE OF THE CITY : I:::: : OF C2UXLSBA.D AMENDING THE FI~ST PARAGRAPH I Guevara I :XI 2 i i OF SECTION 6 OF ORDINANCE NO. 3025 OF THE : Bierce : : ;x; : ; CITY OF CARLSBAD ~ZEGARDING USE OF FLAGS i Neiswederjx! :x: i i WHEN SKIER DOWN, was adopted after being read in i Hughes : : : x! i : full. I I ::::: # I:!!:
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;&:I (c) First reading of Ordinance No. 91 31 , regardin I ::I::
: iscusszon was given as to requiring subdividers to submit ::,:; ::; ; grading plans when required. The matter was referred t4 p::;
i the City hkgineer and City Attorney for study, and the : I City Attorney instructed to prepare an ordinance in accora- I:;*: fl:;l
: ance with their findings. The following ordinance was : 4; i presented for the Council's consideration: I (11.1
i Tading-plans. At the regular meeting ofxsng, -Ig& :::a:
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1 I Ordinance No. 9131. AN ORDINANCE OF THE CITY t ! OF CARLSBAD, AMENDING OItDINANCE NO. 9050 OF! Guevara ; 1 !X: ; I#*#:
i THE CITY OF CARLSBAD BY ADDWG SECTION ! Eierce ti :xi t
; 402(2) (d) REGARDING GRADING PLANS, was given a i Neiswender! I !xi I i first reading by title only and further reading waived. 1 Hughes : :x:x: t
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i Requirements for commercial and industrial construction.;
i an ordinance for the Councilfs consideration, requiring i : that plans for all commercial and industrial construction : i in excess of $100,000 be presented to the Planning Corn- i i mission and City Council for approval priok. to a building : ; permit being issued, and that the construction be enclosedj
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I I I I i ; Speed limit on Carlsbad Blvd. Mayor Neiswender request! i ed that an ordinance be prepared by the- City Attorney, : : changing the speed limit on Carlsbad Bivd., south of, the i : Sequoia Avenue to Terramar Drive from 45 M. P. H. to ; i 35 M. P. H., in order to maintain a constant speed rather I
i than a flexible speed, and to increase the safety factor of t i those who are utilizing the facilities on the beach in that i : area,
f Study of four-way stop .sign at intersection. of Tamarack i i Avenue and Carlsbad Blvd. By consent of the Council I I
f the Traffic Safety Committee was instructed to make a : : study as to the feasibility of a four-way stop sign at the i i intersection of Tamarholt Avenue and Carlsbad Blvd. and ; : a report be made at the next regular meeting. of the City i I Council.
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1 I i Placement of signs on bridge prohibiting skiers from usin4 : middle la oon. Cmn. Guevara asked when the signs i ed on the bridge, giving notice to skiers that i ; water skiing is not permitted in the middle lagoon. He ; i has noticed that boats and skiers are still using the middl? : lagoon. I I I
! The City Attorney informed the Council the second readini i will be given Ordinance No. 3058, restricting the use of i I power boats in the middle lagoon, this evening, and it wilg ; become effective 31 days from and after this date; howevet, i the signs could be installed now as a warning.
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I t : Business License ordinance. Crnn. Bierce stated it was i ! the intention of the last Council to have a study made of ! i the present business license ordinance, as it bas felt
; there were a number of discrepancies in the ordinance, i i and the city would benefit by bringing the fees in line with :
t current times. He felt recommendations should be -made i ! by the various departments of the city.
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i Clean-up of sewer lant site. Mayor Neiswender requested t m 2iZZiii-e sewer plant site be clganed i I Up immediately, as it gave a very bad impression to I : motorists entering Carlsbad.
: Weed abatement. Mayor Neiswender inquired as to what i i is being done in regards to the weeds. It was pointed out : i in previous years the program was performed in accord- i 1 ance with the City ordinance on weed abatement. This ; ; method entails a great deal of time, paper work, public I i hearings, etc. This year the former Council agreed to t : having a letter sent to those property owners who had not I i cleaned their property. The staff has been working on : : this project'for several weeks. It is a tremendous jab i I checking all these properties as to ownership. I I
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: the Mayor appointed Cmn. Bierce, Cmn. Guevara, the ; :&I I City Manager and the City Attorney as a committee to : 1:::: ::;I: : study this matter and present a concrete solution for wee! ;::I: i abatement in the city. I I 1'::: 1 I I ::,:I I ;I:': I Real Estate sign ordinance. Cmn. Hughes stated he and i ::I:; l'l;l i Cmn. Guevara were appointed as a committee to study I : the real estate sign ordinance and they woulu like to I ;i:;;
I ::::: I recommend that the present real estate sign ordinance ! ::iii
; be repealed, and that a new ordinance be drafted to allow : ;I, i one sign being placed on property, said sign having the i :;;;: !I : dimensions of 2' x 3'. 1 I :::ti
ll;*8 I I I :I::; ; Discussion was given as to requiring out-of-town remdtoei i'rq i to obtain a business license. It was agreed this should i l;14s
I be included in the new business license ordinance. 1 I i;:::
l;;l; I I ~'1:; : It was agreed by the Council that Cmn. Guevara and Cmn.: i:;:: I::;, i Hughes work with the City Attorney in preparing a new i : real estate sign ordinance and that the present ordinance : :;;I'
:*I:; i be repealed. 1 1 ;::I,
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J STATE OF CALIFMNIA 101 FREEWAY, was given a i Bierce : ;xi3 i
;iii: I standing there is a vacancy on the sewer committee, and 3 1::::
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I I 1 I I I : the use of power boats- in middle lagoon. The following t :,,I1 1:::; i ordinance was presented for a second reading: I
i Ordinance No. 3058. AN ORDINANCE OF THE CITY i ;i :!;;; ': i OF CA L~ESTWCTING THE USE OF POWER '
: THE A,T, & S. F. RAILWAY TRESTLE AND THE: : Guevara : : i q :
i second reading by title only and further reading waived, : Neiswendeli, x: : 3 i : and was adopted. i Hughes : : : X: ;
I '::I1 i Sewer committee, Cmn. Hughes stated it is his under- I :'I:;
:It : he would like to be appointed to this committee to fill ; I;!;: i the vacancy of Mrs. Jane C. Sonneman. By consent of : :::I:
::a:: : the Council Cmn. Hughes was appointed to the sewer comi i mittee to fill the vacancy created by Mrs. Jane C. Sonne+an. ::;::
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I I I ::'I' I Cmn. Guevara stated he would like to compliment Mr. i i Scholink for his work as City Manager Pro Tempore. I I iiii; 'I
I L :::I: ;;I:' I Mr. Scholink stated without the help of all the department$ I he would not have been able to operate as successfully. i /::: 1:;;: : They all came through when needed. I $11; I ;:::I
I 1 (IIll i CITY ATTCXZNZY'S REPORT: I 1 ;::I:
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I I I I ;:a:: : City vs. Wight Case. The City Attorney stated she was : /::;
I going to hi, bernate as she expects to file the brief in the i !I:::
lt'l; : case of City vs. Wight within the next two weeks. I I i::::
I t lt::c i CITY MANAGER'S REPORT: I ::;I:
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:::I, i The City Council was informed a letter was received fro+ ":I 41 : Rabuco Corporation, regarding off-site drainage in the ; !:/: ;:::: ,II;l i Lebarr Estates Unit #2. They stated the drainage struc- :
I ture, due to consideration of a possible street extension 3 :::;: ;::I: I of Highland Drive, required considerable more elaborate : ;;I:' : and costly structure. This structure serves to drain a i l:::: h:;; I previously constructed 22 homes, and it is unfortunate : : that deposits were not demanded from the developer of : i::::
I the original subdivision. It is their feeling that excessive: :::::
::::I ; burden has been placed on them as developers. They re- ; ::::: : quested that the City participate in tixis project. The esti; :::::
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i mated cost of the structure is $7,594.09. PA formula i ;I I:;!:
: should participate in an amount of $2, 787.87. ::::;
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Ill i The Assistant Engineer stated the city is going to be faced ::::: : with more and more of this type of request. This is I i:;:; i strictly a policy matter. He felt the developer has a : I :::::
: valid request, however, he did not go along especially i $f::
i with the formula. It was his recommendation that a corn! ;::i; $:::
1 mittee be appointed consisting of the staff and members ; :;::: 1 of the Council to make a study of this area. The drain- i i::': : age structure that we are requiring of this developer is { ,;I"
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::: i an interim structure and is not the ultimate plan for that i : area. I I I:':: I I ;:I
I After further discussion it was the concensus of the Caun&il ii I( ;:::; i that an over-all plan should be established for drainage. i 8:::
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i The Mayor requested the letter from Rabuco Corp. be i $:;I ;::I:
I answered, and that they be advised that a survey of the : r;':: 11 i area will be made and as soon as a report is submitted i i:':: : their firm will be advised. 1:;::
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J of th:e limited funds available in the contingency fund for i i:::; ;::e,
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; Carlsbad Theater, and he knows where the city can pur- : ;; ll!;:
; was set forth in the letter, and their feeling was the city ; :*rlt
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I I : The City Manager Pro Tempore made a parting remark : I :I::: :::I:
! non-budgeted and emergency items for the current year. : 1:::;
i Cmn. Bierce stated he has talked with Mr. Dunham of thi
i chase used theater seats for use in the Council Chambers: ::i::
i The City Manager was instructed to investigate this I I '::'I
i Chambers. OII;
I RATIFICATION OF BILLS AND PAYROLL:
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; at approximately $8.00 per seat. lit I I I I 1:::: 1 :::::
: matter prior to purchasing any seats for the Council I i:::;
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I I I 1:;:: ::::a i Katification of the bills was given for the general expense4 :I;;: $1
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i of the city in the amount of $6,598. 37, and for the Water i Guevara ; I x! $ / : Department $37, 351.94, for the period June 19, 1962 to ; Bierce :x: ;2d ; i Juq 3, 1962, as certified by the Director of Finance and i Neiswendeq I i 4 i : approved by the Auditing Committee. ; 13ughes I ; I IC, : /p: ! Ratification of the payroll was given for the second half I Guevara I ;x; x! :
: by the Director of Finance and approved by the Auditing ; Neiswende4 i : xi ! i Committee. i 8ughes ;xi i x: i
i ADJQURNMENT ::b:
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I I I ::;:: ::,:a i Respectfully submitted, I I i:i:i
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i of June, 1962, in the amount of $14,760.88, as certified i Bierce ::;q
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i By proper motion the meeting was adjourned at 9:55 P. M.: 1:;:;
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