HomeMy WebLinkAbout1963-11-05; City Council; Minutes* * I' , 8, '8 ', ', '\ I I 8 x' i CITY OF CARLSBAD i Minutes of: C?.TH COUNCIL (Regular Meeting) i i Date of Meeting: Nc,-t.ember 5, 1963 : Name '\ '$& 8, .&+ '\ 'QS8 *.8 '.Q
; Time of Meeting: 7: 00 F. M. : of .?&\O,.$ +$$ \-9 $?p,
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I I I::;, i ROLL CALL was answered by Councilmen McPherson, i 8;: I Guevara, Neiawcnder and Hughes. Crnn. Bierce was i ,::,I : present at 7: 12 P, M. Also present were City Manager ; ;:::; 4:l i Slater, City Attorney Wilson and City Clerk Adams. * : I :,; : * I !{I:: i ALLEGIANCE to the Flag was given. * * :,: ;
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I * ;. :. ;. : i i INVQCATION was offered by City Attorney Wilson. I i :I;::
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*:,!I * * i APPROVAL OF MINUTES:
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I (a) Approval of the Minutes of the regular meeting I Mcphersoni : :x! I
* I I Neiswender! xi : x: i
I I i a Hughes : :x! XI :
i of October 15, 1963, were approved as corrected. ; Guevara : i !xi ;
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I i (a) State of California, Department of Public Works - re:! : Construction of 1.01 Highway. Letter dated October 25, i
i stating this letter was in reference to the City of Carlsbaqs i Resolution No. 936, calling the attention to the urgency of: : completing freeway construction on U. S. 101 in northerl$ i San Diego County. A review of their work schedule indi- : i cates they will complete plans for a 9.7 mile project fro4 ; Oceanside to north of Las Pulgas Road by late 1964, and : : for the remaining 8.7 miles to the Orange County Line by I i late 1965. The time at which these two projects can i actually be placed under construction will depend upon i ; negotiations for right of way through the Marine Corps : i Base and the availability of Federal Interstate funds. i By common consent of the Council the letter was ordered I : filed.
I 1963, from J, C. Wornack, State Highway Engineer, I I
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b t L * t * i ORAL COMMUNICATIONS:
I There were no oral communications. !
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I * * I ! PUBLIC HEAMNGS:
i (a) Proposed annexation of "South Carlsbad Annexation i
:- I The Clerk certified as to proper notice having been given i : by publication and by mail.
: A map of the proposed area was presented for the Council:s i review.
i The Clerk announced that no written protests had been re; : ceived.
: The Mayor announced the public hearing was open and : i the Council would hear from any persons desiring to speak : in favor of this proposed annexation.
: There were no persons present desiring to speak in favor: I of the annexation.
{ The Mayor announced the Council would now hear from ; i all persons desiring to speak in opposition to the propose4 : annexation. i There were no persons present desiring to speak in op- I : position to the proposed annexation.
i The Mayor declsred the pv-blic hearing closed at 7: 34 P. M.
: After discussion by the Council the following resolution : t I
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@"I ;:;:: ,! I! b I $ I I ;::;i ::::: : Resolution Nov 949. A RESOLUTION OF TIIE CITY ! i T~JCECF-CITY OF CARLSBAD FINDING I::'$ ; McPherson: :x: 4 i i AND DECLARING THAT A MAJORITY PROTEST €€AS i Bierce !xi i X : : NOT BEEN PRESENTED WITH REGARD TO "SOUTH : Guevara : : ; 4 : i CARLSBAD ANNEXATION 1.4", was adopted by title i NeiswendeG i i x: i : only and further reading waived. : Hughes i i ; 4 I
I 111 I The following ordinance was presented for a first reading: i by the Council: I 1:;::
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I I:,!* I @I;;: i Ordinance No, 1084. AN ORDINANCE OF THE CITY ! McPhersoni ; : 9 i
{ CERTAIN UNINHABITED TERRITORY, DESIGNATED i Guevara $1 : ; i X I : "SOUTH CARLSBAD ANNEXATION 1.4", was given a : Neiswender! x: : $ i i first reading by title only and further reading waived. i Hughes i i' i 3 :
i (b) Proposed annexation of "East Carlsbad Annexation 2.4 I1 .
i The Clerk certified as to proper notice having been given i ;:a:; : by publication and by mail. I I :I1
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I I CARLSEND APPROVING THE ANNEXATION OF : Bierce I :x:+ ; $8
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I I A map of the proposed area was presented for the Council: : to review.
: The Clerk announced that no written protests had been i i received. 8
i The Mayor announced the public hearing was open and : i the Council would hear from any persons desiring to spes$ i in favor of this proposed annexation. I
i There were no persons desiring to speak.
i The Mayor announced the Council would now hear from : i all persons desiring to speak in opposition to this propgseh ; annexation.
t i There were no persons desiring to speak in opposition to ! : the proposed annexation. I
i The Mayor declared the public hearing closed at 7: 45 P. mi
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I After discussion by the Council the folbwing resolution i I was presented for the Council's consideration:
i Resolution No. 950. A RESOLUTIGN OF THE CITY
i DECLARING THAT A WORITY PROTEST HAS NOT i i BEEN PRESENTED WITH REGARD TO "EAST CARLS-: : BAD ANNEXATION 2,4", was adopted by title only and i i further reading waived. I
i The following ordinance was presented for a fir& reading: : by the Council: $
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:- CITY OF CARLSBAD FTNDING AND~
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e:!!: : Ordinance No. 1085. AN ORDINANCE OF THE CITY I UE' CARLSBAD APPROVING THE ANNEXATION OF : CERTAIN UNINHABITED TER3ITOTORY DESIGNATED : "EAST CARLSBAD ANNEXATION 2. 411, was given a : first reading by the Council by title only and further i reading waived.
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I i (c) Proposed reclassification of certain proper located i i between Buena Vista Circle and Jefferson Street, .-; nort er4y ; of Laguna Drive, from Zoae 8-1 to Zone €7,-3. Appllcant:_L : Robert L. Means. ! I I I : The Clerk certified as to proper notice having been given, i i Also that no written protests i~xl kcen received regarding i
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i this change 01 zone.
i The City Planner presented a map of the area in question: ;I:*: : and informed the Council this area was recently approved! i:::: *;I
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i Resolution No. 318 of the Planning Commission was pre- i 1;Il:
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1 sented, wherein they recommended reclassification of ; @:#:I ! the property on the grounds the property is adjacent to i :::;: ii' I existing R-3 property, and there were no oral or written ; ::;
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I I ;;;:; i The Mayor announced the public hearing open and that the: 0I)l :;p: i Council would hear from the applicant or any persons : * ::;:I : desiring to speak in favor of this application. I !I :I;
I :;::I i There were no persons present wishing to speak in favor i :::;: i of the reclassification. ;::;:
I :;::; i The Mayor stated the Council would now hear from all i ! persons desiring to speak in opposition to the proposed i 4:;; I:::; 8;
i reclassification. I :iii: i There were no persons desiring to speak in opposition to ! ::;:: : the proposed reclassification. 8 I pi::
f i I :v:; i The Mayor declared the public hearing closed at 7: 53 P. h$. ::;;;
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: After discussion by the Council the following resolution i :::I: ::i:i i was presented for the Council's consideration: 41:; ;*
a ;::;: i Resolution NO. 951. A RESOLUTION OF THE CITY i I : :.; I I CG F CITY OF CARLSBAD ANNOUNCING! ::;I,
i .Fmy$& ?NI?:&XSION REGARDING CHANGE OF : McPhersod i 1 $ I
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: ZGNE CLASSIFICATION OF CERTAIN DESIGNATED : Bierce I I :q i i PRePERTY IN THE CITY OF CARLSBAD FROM ZONE Guevara i :: !$ : i R- 1 TO ZONE R-3, was adopted by title only and furthee Neiswendeq ; i q I : reading waived. : Hughes !x; : $ ;
i The following ordinance was presented for a first reading: i;::: i by the Council:
i Ordinance No. 9152. AN ORDINANCE OF THE CITY i : OF CARLSBAD AMENDING ORDINANCE NO. 9060, : McPhersoni : i 4 ; i CHANGING CERTAIN DESIGNATED PROPERTY FROM i Bierce :X: i X: i
i BAD, was given a first reading by title only and further I Neiswende; !X: 3 ; : I reading waived. .I : Hughes ! ! ; 4 :
I (4) Proposed classification of a portion of certain property
i known as "East Carlsbad Annexation 2.3", located two i I miles east of Palomar Airport and North of Palomar Air-:
1 port Road. Applicant: Belsan, Rubel and Sandru Invest- i : ment Companies.
I The Clerk certified as to proper notice having been given;
: Fksolution No. 320 of the Planning Commission was pre-: i sented wherein they recommended approval of the class- i : ification due to the fact it is in the flight pattern of PalomFr !;I1: i Airport, there were no voiced objections, and it would : : be the best usage of the land and would be compatible wit? i the zoning of property nearby which is zoned "M".
i The following letters of protest were presented:
i Letter from Mrs. Beverly kalicka, Administratrix of the! 1::
: Estate of Kay Kalicka, stating they own property adjacent: ::::; i to the land applying for C-2 zoning, and wished to protes4 : the zoning of the Belond property 8s C-2 for the following
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: ZONE R-1 TO ZONE R-3, IN THE CITY CF CARLS- : Guevara 8 1 : 4 *A l l : I
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I I 1;"i I I 81 : reasons: (1 ) C-2 zoning would condemn the area involv-: ::;;: i ed to a use incompatible with demand for future develop- i !;;I: I I:' : ment; (2) If C -2 zoning is imposed to allow a drag strip : ::'I:
i:4 I then development of the area will be retarded; and (3) i :{I:: I Effective and logical development demands that the entird :;*I1
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1: i be master planned. I I ;:::I
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Letter dated .November 5, 1963, from Russell i,. Thibod9, Margaret Thibodo, Roger and :Marilyn Meisinger, and :
Russell L. Thibodo as Executor of the Will of Prknk E. : Thibodo, deceased, stating they ape the bwner's df appro& imately 1700 Bcres of lattd which is either adjdcent to, 04 in the immediate proximity of the property proposed to ;
be classified ,Cb2. The dndersigned protested on the i grounds that they are presently engaged in serious nego- ; tiatioris for the sale of all said 1700 acres and the pro- : posed purchaser intends to develop the same for residential use; if tkie conditional use permit is granted the logical i
deuklopment of the area for residntial use will be delayed for years, They protested the granting of the C-2 zoning! and requested that the City Council take no affirmative ; action to zone the property in question until a master plat) can be developed of the entire area. !
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I I Also attached was a letter from the First National Bank ! : of Vista, addressed to Mr. Russell L. Thibodo, stating i i that if a change of zone to C-2 is granted and a special ; : use permit is granted for the construction of a dragstrip,! i they felt the valuation of the Thibodo property would de- I : crease, and would definitely influence their appraised ; i value for loan purposes,
I The Mayor declared the public hearing open and announc4d i the Council would hear from the applicant or any other ; i persons desiring to speak in favor of this proposed clas,si : ification. i I
! MR. BELOND, 929 Goldenrod, Coronoa del Mar, stated: i he noted there was only one letter of protest registered ! : by a property owner living in Carlsbad, and asked that : i the Council look favorable upon his request.
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DON FRASER, P. 0. Box 305, San Marcos, stated he i is one of the developers of Lake San Marcos. They have: spent 12 1 /2 million dollars on this project and are con- i tinuing to spend approximately one million per month, : They feel the area in the north county is a most desirabl4 area for residential. If you put this zoning in the middle: of this desirable residential area it will certainly deter i any future development as far as residential. He asked :
if any master planning had been done for this area? t I
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The Mayor stated a study had been made for sewer pur- I
poses only.
Mr. F. C. Luchinger, Assistant Vice President of Unite! California Bank, who is the executor of the Leo Carrillo ;
Estate, stated he was present at the Planning Commis- I sion meeting when this matter was considered. He was : not aware this reclassification was to be on the agenda : for tonight. He protested the conditional use permit, and it was his understanding it was not granted. However, i since that time he has been informed the City Attorney ; has ruled it was granted. He would like to register the i bank's protest at this time, due to the fact that if the ; C-2 zoning is not approved then the conditional use per- i mit cannot be approved. He suggested that the Council : consider this matter carefully before doing any; spot !
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i MR. MIKE FORTUNATI, 325 Elm Avenue, stated he was! : representing Mrs. Beverly Kalicka, and as stated in theid t:14: i letter this will certainly prevent any future development I I of that area. Mr. Thibodo has checked with the County ad ::;*I i to the flight pattern for the Palomar Airport, and this i : is not in their flight pattern. Within two years the sewer? i;:;: I will be available and they want to protect the development; ;I,;: 1:;': : of their property. #a!':
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I I 1 I : MR. JERRY ROMBOTIS, 325 Elm Avenue, stated the : i area adjacent to this property also belongs in the City of I : Carlsbad, and by granting this C-2 zoning and the condi- I i tional use permit, it will certainly discourage future t I : development and future annexations. t
! The public hearing was declared closed at 8:08 P. M.
! Cmn. Bierce stated there are two lines of thought in this i : matter. This area is down in a deep valley. It is not : i suitable for residential area.
i Cmn. Hughes stated he has flown over this particular are4 ; and it is definitely in the flight pattern of the airport. * *
: Cmn. McPherson stated he has been out to the property ! I on three different occasions. It is strange to him that : ; all this residential development has been mentioned at thii i time when it has never been brought up before. I
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I b i Cmn, Neiswender stated he takes an opposite position. I ;I;;;
: It has been stated that this will draw a lot of visitors. He;hpProfic.h ::I:: l ; : I ; i would not like to see visitors staying in the "6" ; ZdAlC i : : ; #I I i airport. He has checked the areas surrounding the drag- : 1::;: ; strips in Riverside and Pomona, and these areas have i :;'I: '1;ll I not developed since the dragstrips were placed there. I !I:
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I f After further consideration by the Council, the following i i resolution was presented for consideration: I 1 I * I I I
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:::I; ::!:: i Resolution No. 952. A RESOLUTION OF THE CITY : COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING ! I,,:,
i FINDINGS AND DECISION REGARDING CHANGE OF i McPherson i ix 1x1 i : ZONE CLASSIFICATION OF CERTAIN DESIGNATED : Bierce sr : :xi : i PRQPERTY IN THE CITY OF CARLSBAD FRUM ZONE! Guevara i I !x: t : R-l TO 20NE C-2, was adopted by title only and further; Neiswenderj : ; i xi i reading waived. i Hughes ; : :x: :
! The following ordinance was presented for a first reading:! ;;;:;
i Ordinance No. 9153. AN ORDINANCE OF THE CITY : i OF CARLSBAD AMENDING ORDINANCE NO,' 9060, ; McPherson i ix;xi I : CHANGING CERTAIN DESIGNATED PROPEBTY FROM i Bierce F I !xi 1 : ZONE; R-1 TO ZBNE C-2, IN THE CITY OF CABLSBAD, Guevara : : ;x; 1 i was given a first reading by title only and further i Neiswender: ; ; i x~ i reading waived. : Hughes i : :x;
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I i (e) Appeal of the Planning Commission's decision for a ; : Conditional Use Permit to allow construction of all fa&-: i ties for a drag strip located approximately two miles east I : of Palomar Airport Road. Appelxant: Belsan, Rube1 and : I Sandru Investment Companies. I I I I !
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I!#* i The City Attorney stated that he would like to suggest this i
I matter be referred back to the Planning Commission, as i i in his opinion the Planning Commission did not take propet ; action at the time of the hearing in ac.cordance with the : i vote cast.
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;""""""""""--""~""""""""""""""""""""""~"-~"""~""""""""~---- 1 By motion of the Council the matter was referred back to i McPhersoni :x: x; : ; the Planning Commission for proper action. I Bierce :x! ;x: i
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I i A short recess was called at 8:20 P. M. The meeting re- i : convened at 8: 36 P. M. I
I I I : PLANNING:
! (a) Tentative map of Carnino del Sol subdivision.
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*I:;& ::!I: * I I : The tentative map of Camino del Sol subdivision was pre- i i sented for the Councilts review. t # 8 4 I
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;:!!I ': I i i Resolution No. 319 of the Planning Commission was pre- I : sented wherein they recommended approval of the tenta- : { tive map subject to certain conditions and restrictions. i
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!I!!: t 8 s i!!:! -. i The City Planner pointed out that all of the lots will be 1 1;::' : greater than 7500 sq. feet. I /I::
I I::,: I :;'I; i The following resolution was presented for the Council's i a'::; : consideration: :::I,
I 4 I :I::: ::p: i Resolution No. 953. A RESOLUTION OF THE CITY i McPherson i i !x: i i COUNCIL OF THE CITY OF CARLSBAD, APPROVING ! Bierce I :x;xi : : TENTATIVE MAP OF CAMIN0 DEL SOL SUBDIVISION,! Guevara : ; :x: i i was adopted by title only and further reading waived. : Neiswender! ; ;xi :
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i ENGINEERING.
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i (a) - Report on Las Flores Drive extension. At the previo<s i meeting of the Council the Engineering Department was ; : instructed to make a report on the cost of a pedestrian i I underpass at the present pedestrian way as proposed by : : the Carlsbad Union School District. t
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I : The City Engineer gave a report on the cost of street i improvements necessary to extend the southerly half of i : Las Flores Drive from Olive Drive to the easterly bound-; I ary of the Buena Vista Elementary School site, plus the : : cost of a pedestrian underpass, which he estimated would i i be $7,500.00. He pointed out the pedestrian underpass i : would increase construction costs for the city by over ; i 60%. This crossing is no more hazardous than many othets i within the city, and accordingly, he recommended that if ; : the School District desires such a crossing, they should : i agree to reimburse the city €or the actual cost of this iter&
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!I:! 4 : Cmn. Neiswender suggested this report be forwarded to ! i the school district for their consideration.
i By motion of the Council it was agreed that the contents i McPherson ; ; :X: i of the report be forwarded to the School District for their t Bierce : %;xi : study and decision. I Gueviira i i !x:
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b I submitted and adopted as the .budget of the proposed ex- : ; penditures of the gas tax allocation -for the City of Carlsbab, : prior to any funds being received from the funds allocated: i from the State Highway Fund to cities. A resolution has i I been submitted by the State Highway Division for this I I I
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I 1 ;:!!: I i -. : The following resolution was submitted for the Council's I ::i;, :; :' 4;::
I Resolution No. 954. ,A RESOLUTION .OF. THE CITY ; 8 :;ll: :;:I;
! ADOPTING AND SUBMITTING A BUDGET FOR EX- ; Bierce !xi ; 4 1 i PENDITUi3.E OF FUNDS ALLOCATED FROM THE I Guevara : ; i f i : STATE HIGHWAY FUND "3 CITIES, was adopted by : Neiswende4 : : 4 : i title only and further reading waived. I Hughes : i x! f4 i
i Birch street dedication. Several months ago Mr. Donald i 1:411 : Briggs, Jr. offered to dedicate property to the city to : i realign Birch Street. The city has now received a deed i : from Briggs Land Corporation for this purpose, and it : i will be necessary for the Council to accept this deed. I I :I :: By motion of the Council the deed was accepted and the :: McPherson i : :x: ; : City Clerk instructed to prepare a certificate of accept- ; Bierce t :x:xi i I ance and record both documents simultaneously. I Guevara i ; :x: ;
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f CUNCIL OF THE CITY OF CARLSBAD, CALIFORNU$, McPherso$ I i 4 i I
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s I :::;: i LIBRARY: I I ::;a:
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I I !i;!i ! (a) Adult Library building. Letter dated October 31, 1968, i from the President of the Library Board of Trustees, : stating they wished to remind the Council of the predica- i I ment facing the Adult Library should the land on Elm Ave.; ; be sold or leased. They suggested that in the event of a ; i sale or lease it be made contingent upon allowing the
I Adult Library to occupy its present site until such time as: i a new building is available.
I The City Manager informed the Council this was a remind!
I er in the event the city chooses to go ahead with the sale : i or exchange of the property.
1 NEW BUSINESS:
i (a) Planning loan agreement with Division of Small Craft i ! Harbors. The City Manager reported that he and Cmn. : I mattended the meeting of the Small Craft Harbor i
I Commission in Cresent City. Consideration was given to : i Carlsbad's application for a loan in the amount of $15, OOOi : The loan was granted to the City and it will be necessary ; i for the city to enter into an agreement with the Small 8
1 Craft Harbors. The City Attorney has approved the agree; i ment and a resolution has been prepared authorizing the i i Mayor to execute the agreement on behalf of the City.
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.at! I I I I : The following resolution was presented for the Council's : I consideration: I I
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!II! I : Resolution No. 955. A RESOLUTION OF THE CITY \ McPherson : 8 :xi i COUNCIL OF THE CITY OF CARLSBAD AUTHORIZINGi Bierce 1;' ; I :x:
I THE MAYOR TO EXECUTE PLANNING LOAN AGREE-: Guevara : I :X: I MENT ON BEHALF OF CITY, was adopted by title only i Neiswender !x i !x: : and further reading waived. : I Hughes ' I :x :xi
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i (b) First reading of Ordinance No. 3065, amendin ; Ordinance No. 3048, relating to the licensing of do\s. : The Council was informed the County has amended their i
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i ordinance relating to the licensing of dogs, and as they : : handle our dog control here in the city, it will be necessa$y i for the city to amend their. ordinance. This will increase : ; the fee from $2.00 per year to $3.00 per year, and also i i licenses may be issued for two years if the owner so
I desires.
i The following ordinance was presented for a first reading::
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I ! i:::: I i Ordinance No. 3065. AN ORDINANCE OF THE CITY i McPherson i i ;xi i
I -NDING ORDINANCE NO. 3048 OF i Bierce : :x:xj : i THE CITY OF CARLSBAD REGARDING DOG CONTROG# Guevara : : :x: I ! was given a first reading by title only and further reading ; NeiswenderIxi i x! : ; waived. i Hughes 'I : ; !x: i
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4 i (c) First reading of Ordinance No, 7029, regardin : "Capital Contribution Charges". At a previous rnetting i i the Council.zgreed to amend Ordinance No. 7020 in re- 1 I i gards to "Capital Contribution Charges'' for person living i ; outside a sewer district. The following ordinance was I : presented for a first reading: !
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:::!I I ! Ordinance No. 7029. AN ORDINANCE OF THE CITY i McPherson: t :xi ; ;:;:;
i OF CARLSBAD AMENDING SECTION 8 OF ORDINANCE! Bierce 1:
: NO. 7020, REGARDING CAPITAL CONTRIBUTION ; Guevara I ; :x: ! : CHARGE, was given a first reading by title only and i Neiswenderjxj I xi I i fuz-ther reading waived. : Hughes : :x:xl :
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I I (d) Acceptance of deed - re: Greenwood property. The I ; City Manager reported the escrow on the Greenwood I I I property is ready for closing, however, prior to the deed I ; being recorded it is necessary that the Council accept ; i the deed and instruct the City Clerk to execute a certifi- : ; cate of acceptance. I
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l:!l: ! By motion of the Council the deed on the Greenwood propefMcPherson !xi :X: ; i ty was accepted and the City Clerk instructed to execute i Bierce ; :xixi :
i a certificate of acceptance. ~ ; Guevara : i !xi i
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I I ;: I I : OLD BUSINESS:
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ll!!: : (a) Disposition of city owned property. At the previous I i meeting the Council requested this matter deferred until i i this meeting in order that other bids or proposals could ; : be submitted.
i The City Manager reported no written proposals on this i ; property had been received other than the proposal that : i was received at the last meeting from the Oceanside i Federal Savings and Loan Association.
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?l:!l i It was moved by Cmn. Hughes and seconded by Cmn. Bierke ;;:;I
; that the city accept the offer made by the Oceanside 1 :;*:; i Federal Savings and Loan Association, with the provision : I :*I : that some other firm besides the Oceanside Federal Savin& ;:#:a
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I ,Considerable discussion was given this matter by the ; members of the Council. I I
i Cmn. McPherson stated he would not be in favor of accepq- i ing the offer at the present time. I
i Cmn. Neiswender stated he did not feel the Elm Avenue ! : property should be sold. It is his opinion this property i i should be held for a City Hall and Library. If necessary : : other property adjacent to the city owned property could I I be purchased for parking area if necessary. The shop : : structures that are located there now could be located i i in some other area. The land worth is growing and we : : may want to use this for further planning.
: Cmn. Hughes stated we need a new place for the water : j department facilities. The Library will stay in its prese$ ; location for two years or more if necessary. I
: Mr. Richard Geyer, 755 Elm Avenue, stated he was i speaking as a taxpayer and as a real estate agent. He had : three clients who will make a cash offer. He was happy i
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to Rea two Counci! member= opposed to selling the proper: t' ty. Utle picce of property could be sold if it was felt that : it was necessary to purchase the Lebedeff property. The; Realtors and other people in the area have never seen a : piece of property disposed of in this manner. In closing i he addressed the Mayor and asked that he give this matte? considerable consideration before making his decision. :
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;be:t i Mr. Hynes, Attorney for the Oceanside Federal Savings i ;:::: i and Loan Association, stated he did not want any misundet- ;::'I
i the Library would have the facilities not to exceed two i ; standing, but it,was his interpretation of the proposal that; 1;: I: ;e4$ 4:;: ; years. Also they would have no objections to having the ; ::'I: ;I;# 1 escrow placed with some other reputable firm. I 1;;;:
*t1$ f:::: I t I i After further discussion the motion was voted on that the i McPhersoni i : :x! ; City accept the proposal submitted by the Oceanside Fed- : Bierce : :xixi I I erd Savings and Loan Association. : Guevara : ; f ;xi
i'Neiswender! i i :x: I I I I 8 : Hughes !x i !x: 81 : ; The motion died -for lack of a majority. I le ;:::I I 8 I I * D!!*! I (b) Second reading of 0r.dinance No. 8040, amendin i Ordinance No. 8025, adopting the 1961 Plumbing Case. i : The fo1lowin.g ordinance was presented for a second read-:
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&a!*! I Ordinance No. 8040. AN ORDINANCE OF THE CITY I McPhersoni : :xi : *;;I;
t OF CARLSBAD AMENDING ORDINANCE NO. 8025 BY I Bierce :I I ; x:xi : i ADOPTING THE 1961 EDITION OF TilE UNIFORM i Guevara i : :x; : : PLUMBING CODE, WITH CHANGES, was given a second: Neiswenderjx! !XI i i reading by title only and adopted. i Hughes ; i !x: I
! CITY CLERK I 1 I:::: I!!!
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I ! (a) Report on initiative petition to make the office of ; Mayor" elective. The city Clerk informed the Council ; ; a petition had been received bearing 649 signatures, re- i i questing that an ordinance be passed without alteration :
; that the office of Mayor shall be elective by the electors; i i or in the event- said ordinance is not passed, that the folloy- : ing question be submitted immediately to a vote of the ; I people at a special election - "shall the electors elect a : : Mayor and four city councilmen? I' I 1
i The City Clerk certified that she had examined the pe.titio< i and determined that said petition was insufficient to re- : : quire action by the City Council pursuant to California i i Election Code Section 4011 (Special Election), but that i
f said petition is sufficient to require action by the City ; I Council pursuant to California Election Code Section 4012,:
f (General Election). I
I The City Clerk requested that the City Attorney explain i I the sections of the Government Code pertaining to this ;
f petition, I I
: The City Attorney informed the Council this was not an i i initiative petition, therefore they could not adopt an ordi- f : nance making the office of Mayor elective even if there i i were sufficient signatures. The petition lacks sufficient : : signatures to call a special election, however, the petitio4 i bearers have 10 days in which to obtain more signatures. i : The Code also states that if a general election is schedule$ i within six months, the Council is not required to call a i i special election and the matter can be presented to the ; i electors at the next regular general election. At the 1 1 i present time there are sufficient signatures to have the I ; matter presented at the next general election, without i : additional signatures. t I
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I $ I I i Considerable discussion was given as to whether the ; petition should be returned to the petition bearers for . i i additional signatures. I I
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1:;:: :I;:: ! !'I I ! i By motion of the Council it was agreed that the matter be i McPherson : ;x: XI ! : deferred until the next meeting in order that the petition i Bierce p] ;x: : i bearers can obtain additional signatures. ; Guevara I l :x! :
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!1l!l i CITY ATTORNEY'S 'REPORT :
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:::!I 1:: i Epoh roperty, The City Attorney reported that it looks : t ;;::I
I as I t 1s matter will go to trial. chr appraisal is $IOO,Oq ;*I::
: and their appraisal is $10,000, If this matter does go to : :;::;
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1;::: i made of the property. The City Attorney suggested that : ::i:: i he be authorized to have a more detailed appraisal.made i ::la I::
; and take whatever action is necessary to bring this matter: :::I' :: I to a conclusion. This will involve an additional fee for i pi1;
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I I 1:11: I By motion of the Council the City Attorney was instructed i McPherson i Ixix i : ! to obtain an additional and detailed appraisal of the Epoh ; Bierce F I !xi i : property and to take whatever action is necessary to bring: Guevara : i ;x: : i this matter to a conclusion. i Neiswender: ; ;xi i
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4 I 1 : Hughes : ; :x; : !I,.I I I I I : Easements along Agua Hedionda Lagoon. Negotiations i i are being made to obtain easements from property owners! : along the Agua Hedionda Lagoon for the sewer line. Mr. : i Owen has executed an easement and he is going to obtain i i easements from the adjoining property owners.
: CITY MANAGER'S REPORT
: F. J. Fox - re: Request for permission to hold boat i races on Agua Hedionda Lagoon. Letter dated November I : 1, 1963, from F. J. Fox of Fox's Snug Harbor, requestin4 ; permission to allow boat races on the Agua Hedionda I I
! Lagoon for a two day period commencing April 11th to 5 J April 12th, 1964. The association sponsoring the event : i will be the California Outboard Boat Racing Association. i
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!@I! 1 By motion of the Council the request by Mr. F. J. Fox : McPherson i : !xi : was granted to allow the racing event on April 11th and 12& Bierce P i !xi i 1964. I Guevara : I I I x:
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1 ; Parks and Recreation Commission - Letter of resignation: : Letter dated November 4, 1963, from Robert M. Darling, i i submitting his resignation as a member of the Parks and ; : Recreation Commission, as it is his feeling this commis- I i sion requires more attention and consideration than he is ; I able to put forth at this time. He thanked the Council for I i having selected him as a member of the comission. * I
i By common consent of the Council Mr. Darling's resigna-: : tion was accepted with regret, and the City Manager in- i i structed to send a letter of thanks to Mr. Darling. I *
i The Mayor requested the Council members to consider a i i replacement on the commission at the next regular meetin@.
: A letter was received by Mayor Guevara from General i i Fairbourn at Camp Pendleton, inviting the Mayor and I I I members of the Chamber .of Commerce to attend a progra+ ; on Friday, at 300 P. M., celebrating the Marine Corps : : 188th birthday.
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I I : The Mayor extended the invitation to all members of the i is:;
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1 Lease of Ecke beach property. Mr. Ecke is willing to ! : lease the beach property owned by him along the west sidi i of Carlsbad Blvd., providing the city pays the annual taxes, : which run approximately $200.00 per year. I I
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b I ; Discussion was given as to Mr. Ecke 'allowing rocks to : i be picked up off his property. Mr. Ecke wishes to reserGe : the right to have rocks picked up. The City Manager I i stated he felt that with further discussions Mr. Ecke : would agree to leaving the rocks.
I Washington Street improvement. The Engineering Depart: : ment presented a preliminary precise plan for the exten- 3 : I sion of Washington Street from Beech Ave. to Tamarack ; : Ave. The area from Oak Ave. to Tamarack Ave. is not ; i a dedicated street. Mr. Briggs made -it known to the city: : he is going to take out a building permit on a lot within i i this area. If the city wishes to make this a dedicated ; : street he is willing to sell the property to the city. The i i Santa Fe Railroad Co, was contacted four years ago con- ; : cerni.ng their policy on street dedications in their rights i i of way, and they informed the city that they will never : : dedicate over 50% of a right of way and will.not participate i in any improvements. I I
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I I i The Engineering Department inquired of the Council as to: : whether or not they wished to proceed with the precise i i plan for Washington Street. * I ! I B
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i After considerable discussion it was agreed that the pro- i : perty owners and the Santa Fe Railroad Co. be contacted i I to see what their feeling was in regards to the street. : : dedication. I I
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f:!l I i Water meter rates. The Mayor stated according to the f : monthly statement of the Water Department, the city is : : losing money. He contacted one of the Mayors in San i i Diego County as to how they handle services for trailer ; I parks, motels, Homes for the aged, etc., where they 1 ; have only one service for the entire development. It was : i the Mayor's feeling each individual should pay their own i : way.
! The City Manager informed the Council a meeting will be: i held between the Engineering Department and the Water : : Department to discuss the water rates, and a report will i ! be made to the Council.
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#'!! I i RATIFICATION OF BILLS AND PAYROLL: :i::
i Ratification of the bills was given for the general expensek ;:::
l::I : of the city in the amount of $100,402.12 -and for the Watee McPhersoni i i 4 i Department in the amount of $19,808.15, for the period : Bierce i , : I :$ i October 15, 1963 to November 5, 1963, as certified by i Guevara ; : i 8 : the Director of Finance and approved by the Auditing : Neiswendel? xi ; f : Committee. I Hughes : :x; 4
i Ratification of the payroll was given for the second half : McPherso$ : ; $ l:;l
i' of October, 1963, in the amount of $17,986.88, as certi-i Bierce i i i 3 : fied by the Director of Finance and approved by the Audit; Guevara I : : f I ing Committee. i Neiswendeg :xi 2 : Hughes {xi ; 4 i ADJOURNMENT: I I ;I
I By proper motion the meeting was adjourned at 10'08 P. &$.
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I I 1 :::: I :r Respectfully submitted,
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