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HomeMy WebLinkAbout1963-12-17; City Council; MinutesI I I I I I ', b ., 8, 8, .\ : -ax= COWI'(T\;;;IL ; Minutes of: CITY CGUXCIL (Regular Meeting) I ". , '\,"8 ", .* ', ' i Date of Meeting: D9cexnber 1.7, 1963 i Name *\, ,%, '8, **t, ; Time of Meeting: 7: 00 I?. M, ; of b+O @@?.+,;%+ ' i Place of Meeting: Council Chambers : Member .%@+e Q8, ,"~"""""~"""""~"""""~"""""""""""""""""""~~"--------""---------~--" i ROLL CALL was answered by Councilmen Bierce, Guevaka I and Neiswender, Cmn. Hughes was present at 7:07 P..M. i I ::: ; Also present were City Manager Slater, City Attorney i ii:Ii i VC ilson and City Clerk Adarns, I I ;::* ! I I *:$! 1 ::; '; i ALLEGIANCE ' to the Flag was given. + I i::ii * ;::h :: INVOCATION was offered by the City Manager, John Slat+. 1::;: I I b ;;::: i APPROVAL OF MINUTES: I t ti:!; I b I ::p; i (a) Minutes of the regular meeting of November 19, : Bierce h i ;x: i : 196 3, were approved as submitted. i Guevara 1 i *xi i I i Neiswender i 4 :x* : I I I 1:::: i (b) Minutes of the regular meeting of December 3, : I Bierce i ;x:xi : : 1963, were approved as submitted. ; Guevara : ; !xi i $ : Neiswender {x I :x: ' : @I:;: i CORRESPONDENCE: :::I: ;;I:# * :;::i { (a) Kamar Construction Co. - re: Request for sewer i :;::: : refund agreement. Letters dated December 9, 1963 I*:;* , from :*;I: i Kamar Construction Co., Inc. , requesting that refund i ;:t'I I:':: i agreements be entered into between the City and Kamar : 1::;: ; Construction Co., for sewer facilities which they install- J !:'I: i ed in conjunction with Glenview Estates Subdivision and : 1:;:; : Holiday Manor Subdivision. I;:;: I I 1 ::;;: i The City Manager recommended that this matter be turne4 I::': i over to the staff for study and report back to the Council ; ;;I:: , 1:s : at the next regular meeting. ;::;: I I ;::;: I 8, '\\ 8,. ', '\,*,\ 8\ ' ' 216 , \, ', ', 8, '. I I '(It) :I;;: ;!:I: I I I I'* It I I I *I( I * . 1. I * I I I" I I I I I 'I' a ! l!?I ! D ! (b) Carlsbad Junior Chamber of Commerce - re: Requesj i for council sanction of a drag boat race - January 25th : i and 26th, 1964. Letter dated December 13, 1963, from i I %e Carlsbad Junior Chamber of Commerce, requesting : ; permission to hold drag boat races on the Agua Hedionda i i Lagoon on January 25th and 26th, 1964. The event is to : ; be jointly sponsored by the Carlsbad Junior Chamber of i i Commerce and the National Drag Boat Association. They: : also requested that no parking be allowed on Adams Street; i in the lagoon area that weekend. * * i The letter further stated the Junior Chamber of Commerc4 I will be holding their Charter Night the evening of January ; ; 25th at the Twin Inns in Carlsbad. This will be a dinner : I dance and will be open and welcome to all. I I i It was agreed by the Council that permission be granted I : for the Carlsbad Junior Chamber of Commerce to hold i : drag boat races on the Agua Hedionda Lagoon on January : ! 25th and 26th, 1964, and that no parking be allowed on I i Adams street in the lagoon area that weekend. 4 I ! f I I I I I * I I I UML COMMUNICATIONS: L I I I I s : MK. GEORGE HENRY, 5080 Carlsbad Blvd., stated he i i would like to bring out a few points concerning the library i i building. He is not against a library, but felt the cost ; : should be kept within reasonable bounds. In his opinion I I it would be more democratic if the people in Carlsbad were : allowed to vote on the matter. The city is in need of a i i new city hall. They are suggesting 16,000 sq. feet for a : : library. If it were put before the people perhaps a I I Police Dept. , Fire Dept. , City Hall and library could be ! : combined. I I i Cmn. Neiswender stated he felt what Mr. Henry has stated i made sense. I I I I I I I I I I * I 1 I I I I I * t I ;;:I; :I;:: ;p1 r,;:; -;;I ::I;: ::p: ::;I: i:;:: 1:;:: :;I:; ::;I: i:::: 4;:; iiii: ::;;: i::;: 4:;: ii;:: :;;:; '*I:; ;I::; 1::;; :::i; :; i;::: ::I:; :a: :ii:; :**;; ;:::; ;:::I ;::;; :::;: ;:::I ; :.:;: ;.: : 1 ; ;; ;: ;, 1:;:; :;;;; ;I::: ;::$ :i::; ;I::, ;::I: :pi; a1:; ;:;** :::;: ;:::: ,;e:: 1)s *I()# ;*1,t I ., 9-a 3.1 a 1 * I I I I I I I I I I I -2 - 3 I 8 I I I I I I I t I t :""""""""""""""-""""""""""""""""""""-"""'" I I i The Mayor thanked Mr. Henry for his commentg and stat$ 1 the Council is always anxious to receive comments and i ; suggestions. I ! i I PUBLIC HEARINGS: I I I 1 1 i i (a) Appeal of Planning Commission's decision to allow a i I conditional use permit for drag strip purposes. Appellane I Russell L. Thibodo. et al. ! 1 I I 8 i Notice of appeal submitted by James L. Kintz, Attorney ai : Law, on behalf of Russell L. and Margaret J. Thibodo, : : Roger L. and Marilyn F. Meisinger, Gordon, Donald and i I Robert Frazar, Marie Antoinette Carrilfo, Co-executrix I i of the will and trust of Leo Carrillo, deceased, and : Beverly Kalicka, administratrix of the estate of Kay i Kalicka, deceased, was reviewed for the Council. I I 8 I I 1 I 1 *8 8- % b. , 8 ', '8 '8 '% *, 8. t8 I 8 , '+,:'. 3 19 I '\ 8+ \ 8 'F ', 8 '8 's8 88 '8 Na me 'x, '*~+:',,'?$-I-I ~ '""""""L""""~"" Member ,0~g8.p\&@~, of 8%$$&&8g+. 1 ;"I; :ii:: ::;:: I:;:: ;:;:; :;::: ::;:I 11,;: :#I /I:: ,:;I: 1It;l :::I: ::::; 18. :it;; .8i 1:: :;;:; :;,:a !;:I: ;:::; 1;; ;:::; 4:;; :x:; ::::: I I i i Affidavit of Publication was presented. :: The Clerk informed the Council that letters of protest had; ; been received from the following persons, stating their ; i objections to the proposed drag strip: i Letter dated December 11 , 1963, from Rancho Agua : Hedionda Y Los Monos, by Clarence H. Dawson. I I I I I I I I I I 4 I I I I I I I I I I i Letter dated December 16, 1963 from E. B. Akins, G. Li i Ballinger and D. A. Gannon. i The Council was also informed that a letter dated Decem-: ; ber 14, 1963, from the Applicant, J. S. Belond was re- ; I ceived, setting forth the beraefits derived from a drag strib ; in a community. Attached were copies of written corn- i i rnents favoring drag strips that have been constructed in ; : other communities throughout the Wnited States. i The Mayor announced the Council would now hear from ' i i the appellants. 4 e r MR. JAMES KINTZ, Attorney at Law, Vista, California,: : stated he was representing the parties named in the Appea) i on file. One thing should be understood that the appellant6 : are not against boys or boys' clubs, etc., however, there i i should be a place for these things. ,I I I I I I I I I I I I 1 I I I I I I 1 * B I Mr. Kintz further stated the appeal was being made upon ; I the following grounds: That the resolution purporting to i i grant said conditional use permit was not regularly and : : legally adopted by the Planning Commission; that the I I resolution purporting to grant the conditional use permit ! i was invalid and illegal due to the fact no formal resolutio4 : announcing its findings was made within twenty days ; following the termination of the proceedings of the public i i hearing as is required by Section 1806 of Article 18 of : i Ordinance No. 9060; that the granting of the conditional u4e : permit was not necessary to carry out the provisions and i : general purposes of the zoning ordinance. Further that ; ! it would cause a serious depreciation in property values : i of adjoining properties, a loss of tax revenues, a serious ! : delay in logical development of the area, and would prob- i i ably create a public and private nuisance. I I I I I ! :;;I; /4; 1:::; i:::; ;!::: 1:::; :;;Il I!;:: :::;; 4; I:::, ;:::: e:!!: 'l;;l ::;I: ;!!:I !:I:: ;: ::i ;:;:: ;:::; :x:; ::;iI ::p, ::::; ::::: @l#;l ::;;: lll,; 1:;;; ;:::; ::::: I( 1;::: ;;:;I ::i:~ i;;:; 1): ::I: ;I:;; I:!* i::: :ii: ;:#I :a:: 1s;: 1: ::ii iii! :;I: :;;: {I:: I :: I' 1::: :;/ i::: *::: ;tll 1:;: :;;: :;I: :!:: "4 'It' i I Mr. Thibodo has recently made an offer of 200 acres of ! : land for a four year college. Also 20 acres has been t I offered for a hospital. Granted there is some self-interesjt ! in making these offers. It would certainly enhance the i i area if a four year college were located in this area. 8 I I s I In closing Mr. Kintz asked that the Council consider the i : best use of the land for the public. * a a I I I 1 I 1 I I I I 8 9 ;;;I ;:;: ;:;: ;:;: 1::: i : ,'; ::I: ;;:: :;:: :;:: :a:: ; i.: t ; , ; :. a!!! 1. I 1 $-a # <?x; b I 4' I l a l \ ', *' * 1 8+, '\ 8', I -3- 8 i Name \\ I i Vsmber I 1 I 5' \' I I 8 I I x ', I : of :"""""""""""""""""""""""""""""""""""""-l"""""" i MR. DON FRASER, Lake San Marcos, stated he was : ; present at the last hearing, and he would like to register i i his protest. They have a great investment in Lake San i : Marcos. Re and his brothers are not opposed to drag ; i strips, but they are opposed to the location. They have f : been building in San Bernardino and Riverside County ; i for some time. They have invested several million dollalfs : in the development of San Marcos Lake. He lives in I I i Claremont and there is a drag strip located in Pomona i- : which is approximately 5 miles away and he can hear the ; i noise from his residence. A study should be made of : i the area in question by the County and the City of Carlsbab : in order to get the highest and best use of the land. 1 i JIM DOWNING, Escondido, California, stated he repre- i i sented the Thibodo Ranch. He was the one that was auth-: ; orized to send a letter to the State of California offering i I the 200 acres for a four year college. The State will not ; : locate a four year college in an area that does not have I : a junior college. This area has the Oceanside-Carlsbad : i College and the Palomar College, The State will not I i locate another four year college in an area until the : present college has reached 60% capacity. San Diego i i State College has 14,000 students. By 1968 San Diego ! : State College will reach its capacity. Other property ; i owners, in this area have offered their assistance. In :. closing Mr. Downing stated he was sure that the Planning: i Commission and the'council were unaware of the work I ; that has gone into this project. I I : MIZS, BEVERLY KALICKA, 325 Elm Ave., Clrlsbad, i .! stated she is not against drag strips, As far as being i : ' iriterested in what goes on in Carlsbad, she did not think : i anyone would find anyone more interested than herself. ; I She has much more interest in Carlsbad than in the propeity : out in the area in question. I i MR. JIM NELSON, 2'725 State Street, stated that anythin4 : that he would say would only be repeating what has ahead$ i been said. He presented a letter signed by 80% of the i i business people in Carlsbad who favored the drag strip, : ; as they felt it would be beneficial to the over-all interests! i of the City of Carlsbad and its neighboring communities. : I I I I I I I I I t 9 I I I t I I I 1 I I I r : MR. JAMES KINTZ, stated it is easy to get names on i a letter such as the one presented. Any business man : in the City of Carlsbad would look in favor of any enter- ! prise that would bring revenue into a city. He did not : feel the people would want to trade a drag strip for a I multi-milliog dollar project. He asked that the Council : hold out for the sort of development that has been made i in the past few years. i The public hearing was declared closed at 8:27 P. M. I I I * I I 1 I I t I I I I I I I 6 I I s I I I I I * I I I I I I I ; Cmn. Bierce stated he had given this a great deal of i thought. This drag strip is proposed €or development i : now. W-e have been informed of proposed development, ; i Until this drag strip was proposed there was no indication: : of any development in the area. This development will be; i located in an amphi theater, therefore, there will be less : : noise. Also this is in the landing area of the Palomar i i Airport. i Cmn. Neiswender asked for a clarification of the staternett i made by Mr. Kintz concerning the validity of the resolutiqn ; adopted by the Planning Commission. i The City Attorney recited the portion of the ordinance i : regarding procedure of the Planning Commission, It was i i his interpretation that when the Planning Cornmission voteld I * I I t $ I I I I 1 I t I I I I I I 1 * I I I I ! I ... " 8' '' b, '\ '.J 7 1 Q X\ 't \,y '.$A. "' "$3 *.#+'$.' '\ %h ', ', '8 8 % y&&+&,+%+ ."""""""" ,o 8@8,6'9'd' ;&&;; ::i:; ;:/I ::I:: ':;:; ,'::e ::::I #I ii::: :lb'l ;::i: '":: :ii ' :;p: :I;:: !:;ti ,*;:: :;I:; i:::: I::i: :;I:# I:::: ;;!:: 4:;: !:::; :a:; ;:::I iy:; 1;:;; 8 i.: 1: :i;:l 181;: ::;;: ::::I iiil, 'I ::;I; :;*:I ::::: 111'1 $6:: ::;:! *:I y*; ;:i:: 4::; :'pa ;: I::: :;;:I ::a:: :;:;; i;::: I ::: :::;; ::I:; ::I:; 1::;: ::::; ;I: ,:r i':::: :::;t :::;: ::::I :::I: 14:! ;:::i :::I( d;:t :::#I I;*:; :I::: ;::; ;::; 1::; I::; :e:: ;::: 1::: ::;; :.: 1 I :.;:; 11 *I ::,:I It 1:: *I :1111 *lI#l 1 (1) (:;I; iiii; 11 1:;:; I( 1; I*'( * 11 :;!; ::;: 01 :;;: ::;i :::I :a:: !I!; I. !!ID .* I I I I I I I t *8.',8'' I & 8 8, 8 ' *& *8 i 8\8 '8 *** '8\8 ",:*,z 1 9 -4- I *\\ "* *\\ * t , \ , *\ '8 '' t I : of I : Member ,e\gmy?\8 \'& \e, 4 '%- :~""""""""~~""""""""""""-"""~"""""~"-"""""~"""~""""""-~"~-~- I ::I:: ::ii: t:*t ;: !+; I * lii:! :::i: ::;I: ::;:: i Na'me 88+,@' ', '8d& '8, "& I I , o\$\ '8 ',s%y ,@\68 A"' 6 I i '11 I 4 to 1 that the conditional use permit be granted they did I !;I:: i in effect pass on this matter; however, they were not sur4 I 1: : at that time whether they had to have a majority of the : I:' 1 i members present or a majority of the entire membership; /i!i i and as he was out of town they waited for a clarification : : from him. : Cmn. Hughes stated that after listening to all the letters i i from all over the country, and due to the fact this would I : be in the flight pattern of the Palomar Airport, he would ; ;it1 i be in favor of denying the appeal. I I 1'4: 4p; I Cmn. Neiswender stated that if this General of the Air i : Force knew this operation would be in the flight pattern ; ::;I: i or take off of the airport he would not be in fdvor of this i i:::: : location. I Cmn. Bierce stated his reason for favoring the denial of i I:':, i the appeal is that if this is in the flight pattern it would : i certainly not be suitable for a four year college or housink. :;I;: 81 1 I !I!!: 1 I I I t * I I I I ::,:I ::;I1 1:: I;':: I ,II:a ;l:ll I ;::I: ;I::: ;I,:: I I I I I 1 : The following resolution was presented for the Council's i I review: I I ;l;'l !I!!: I;;:# ::I:: I l a I I ::i:; i Resolution No. 963. A RESOLUTION OF THE. CITY : COUNCIL OF TEE CITY OF CAiLLSBAD ANNOUNCING! ;1:*1 1.; 1:; 11:' i AND DECLARING FINDINGS, AND DENYING THE I ::;:: : APPEAL MADE BY RUSSELL L, TliIIBODO, ET AL, ! ;I,:: i FROM THE DECISION OF THE PLANNING C0"IS- i Bierce :::I: i SION CGNCESNING A C0NDITIONA.L USE PERMIT : Guevara : : :x! i : OF CERTAIN PROPERTY IN THE CITY OF CARLSBAI),Neiswenderj i i :xi i was adopted by title only and further reading waived. : Hughes : :xixi I I !I..! I I I;::; :xi :$ : I I I I A short recess was called at 8: 35 P. M. The meeting : ; reconvened at 8:56 P. M. I I i t I I : Public hearings continued: i (bj Reclassification of certain property located on i i the South side of Laguna Dr. between 3efferson Street ; I and U. S. 101 Freeway from Zone R-1 to Zone R-3. I i Applicant: B. T. Cantarini. I I I I * 1 1 I B I I I i The application was reviewed for the Council. ! I I 1 I I I i The Council was informed that proper notice had been i I given to all the adjoining property owners. 1 i Resolution No. 328 of the Planning Commission was pre- i ; sented, wherein they recommended that reclassification I i of said property be approved. I i The Clerk informed the Council there were no written i : protests received up to the hour of 7: 30 P. M. i The Mayor announced the Council would now hear from : : the applicant or anyone wishing to speak in favor of the i i proposed reclassification. i There was no one present wishing to speak in favor of the f : proposed reclassification. I i The Mayor announced the Council would now hear from i ; all persons wishing to speak in opposition to the proposedJ i reclassification. I i As there was no one present wishing to speak in oppositioG : to the proposed reclassification the Mayor declared the i i public hearing closed. I : After discussion by the Council the following resolution I i was presented for the Council's consideration: t I I + 1 I I I I I I 4 I I 8 B I I I I I I I I I 1 I I I I I I I I 4 I I 8 I I I I * I I I B ;;;'I I/:: ::::; 1:::: :::;: :::I; ::':; !l!!l :;ji; :::;; i:::; ::::: ;::;; !::!a i;i;; 1:::: I:::: t:;1: ::;:: :::I: :::I: ::;:I I:;:: :!:;I 1:; I-:; I:::: :; ::; 'L:: i:::: ;:;:: $':; 1:::: ;I::; ::::; ;: :;;:; ::;:I !!!!I ::;;; l:' +;i ;;L 1:; :::'I 8;:; +;; :;I: ::i: i:;; ':;I: :;I" *::11 B ::I 1*;1, :ti ).*I .*a1 I I I I I I I I I I I I I :""""""""""""""""""""""""" I 1. , \, ', '*8 't '\, .*, I y,, '\ '\ < 8 I I * ' 320 I 8, '\,",, '\, '',888d -5- I I Na me ',,'\!& ' ', 8 \ ' '*x '\ '\a. '$%, '\ 'f+, ' Of f?&?,g'\,.$% """""""""""""""~"""""""-""~-" I Member *s$?$*@..d ! :!4l! I ;;a 1:: OUN rL THE. CITY OF CARLSBAD ANNOUNCING: ,:i:; 'I::: &&s OAFND DECISION REGARDING CHANGE OF : i:::: ;: i Resolution,No. 964. A RESGL'OTION OF THE CITY i I@ I : ZGNE CLASSIFICATION OF CERTAIN DESIGNATED i Bierce * ;xi9 i i PROPERTY IN THE CITY OF CARLSBAD FROM ZON$ Guevara i i : X! i I R-1 TO ZONE R-3, was adopted by title only and furthey: Neiswender: : i X: ; : reading waived. : Hughes !xi : $ t ! I a*!*! I I f The following ordinance was presented for a first reading! i by the Council: I ! I I I 'iili :;I:; '91;: ::!:I *!!I: i Ordinance No. 9156. AN ORDINANCE OF THE CITY i i OF CARLSBAD ANfENDING ORDINANCE NC. 9060, : CHANGING CERTAIN DESIGNATED PROPERTY FROM i Bierce i ZONE R-1 TO ZONE R-3, IN THE CITY OF CARLSBAD,Guevara i i :x: I : was given a first reading by title only and further reading i Neiswenderi : i xi : i waived. : Hughes ; :x:x: I I 1:;I: i ENGINEEEtING: :1'11 11 ;::SI ! I !::!: ;ii1- ;: I :::I; ;:::; :xi :xi ; 8 1 I I : t r (a) Approval of final map, of Magnolia Village subdivision.: : The final map of Magnolia Village was presented for the : i Council's review. I i The City Engineer gave a report on the final map and i : recommended its approval. I I I I I I ! I I I '81;; @::I1 ::ti: 1:::: ::::: ::::: :::;: I:::: ;.;:I , 11: I i The Council was informed the subdivider had executed the: I improvement agreement and all requirements had been m4t. 1:::: i By motion of the Council the final map of Magnolia VillagG Bierce : was approved, : Guevara I ; :xi : :;i:; i:::: I I ::;:: !!I:; ?I :x: ; I I i Neiswender: i I x: i I I : Hughes ; ix:xi I I ' ::i * I I $11 ;#' ;!I;! ;;::: I if''' 1 I I * i (b) Approval of final map of Linda Estates subdivision. i ;!:;; I The final map was presented for the Council's review. t i The City Engineer made his report and advised the Councii ;:,:I :I1 : the construction of improvements within the streets, publi; :::'I i ways and easements of the subdivision have been complet-! .l;*:~ ; ed. The City Engineer recommended approval of the I f::; I final map. I ! :::: I I 1 I:ii I I 1!!1 I i Cmn. Neiswender inquired as to proper drainage. The i i City Engineer stated drainage for Monroe Street was dis- i i cussed some time ago. These properties would drain i i onto Monroe Street. I I b $ I 1.;; ::$ :::: ::i: $1: '::: :::a !*I! i After further discussion, by motion of the Council the i Bierce +: !xi : final map of Linda Estates, Unit No. 2 subdivision was i Guevara ; i :x: : approved. : Neiswender: : ;xi t 4 i Hughes i :x !x; : I. (c) I I *#I; :::I :::; i::: ;::: ; Transfer of title of city owned land to Shick and Heltibridfe. : mr. 'Thornton, Assistant angineer, informed the Council ; ii;; 'I ! the property owners requested the city to vacate a small i i triangular piece of property to them, lying between Elm : : Avenue and Oak Avenue adjacent to Pi0 Pic0 Drive. They! ;::; i in turn would deed back to the city 11 112 feet for street : !!:: : purposes, The city treated this as a street vacation. I 1::: i Later the property owners were notified by the title com- i i::: ,e:: ; pany that the original triangular piece vacated by the city, i ;::I i only vacated it for public use and it still remains in fee tiae ;::: : by the city. The property owners then requested transfer: ;::; 11*: i of title from the city to the property owners. The Enginedr- ;;e1 8:; : ing Department recommended that this transfer be approvbd. :::; q I ::;; : By motion of the Council authorization was given for the i ::;; I I t :::I ir:: I I 1::: I I :I:! 1 I I I I I I I I 1 $ ! l.!l t .:*I t I ', 8, .\ 88 ', -\ * I I I I I 'N,, '\", y+ 3 2 1 I \$.O., \ '*, t I : of +@?&&,;;F #::I: ;x: ;% ; I I ; Neiswender: ;x ; $ ; I i I Hughes I ; : 5 ; -6 - i '\, \ " . '\ , '\ ,',d 8, ', I I I * '\ 'b& '8 ''&, I Name *, .$, ,, : Member ,opp$?.,d ;,;"""""~""""""""""""""~""""""""""""-"""";"-""---"------ ""1"- I :#*Il I transfer of title to the property owners as recommended i Bierce ; by the Engineering Department. i Guevara ; i \ q i ; 1'1 I I I 1 * I : NEW BUSINESS i i:::: I t "':: i (a) Resolution No. 965, authorizing acceptance of Federd ::::I : Grant and designating City Manager to sign all documents.: 1;: ::I:! : me City Manager informed the Council the City applied far ::;;I i a federal grant to assist in the sewer system along the : :::I: :;I:; i Agua Hedionda Lagoon to tie in with the main sewer systeb. : They have offered the grant and request that the city I ::;:: I i!;:: i accept this offer by resolution. I :I::: I !:::; I The following resolution was presented for the Council's : :p:: t consideration. I 1 1:; 1 ';:$I I I !J:I : Resolution No. 965, A RESOLUTION OF THE CITY i ::i p::; :i;:: :. ; a t! I AND AUTHOFUZING THE CITY MANAGER TO EXECU;E Bierce . :X: i 4 I : WRITTEN ACCEPTANCE, was adopted by title only and ; Guevara : -I ! Id I I further reading waived. t Neiswende4 : : x! ~ lb*ll I 8: I I I I I I I I UN IL OF THE CITY OF CARLSBAD, ACCEPTING ' : EDELL GRANT mR SEWERAGE TREATMENT wow, t !, Hughes : !xi )t I ! 1 ! :$'I t!!l I : (b) First reading of Ordinance No. 4003, amending Ordi-i ! nancem4001,co ncerning water rates. The Council was I : advised that an ordinance had been prepared in accordance i with the report made and suggested by the staff at the last: i regular meeting concerning a change in water rates. : The following ordinance was presented and read in full fo4 i the Councilfs consideration: I I I I I 4 I ;i:! I" I::: ;::i I:;: *;;I i.; t : *I1 ;@I: :::: l:'l !I:! -1 i I Ordinance No. 4003. AN ORDINANCE OF THE CITY i Bierce :x; i 4 \ REGARDING RATES FOR WATER AND WATER SER- : Neiswendeq :X: 4 : VICE was adopted. i Hughes I i i 5 : * ?It! t CARLSBAD AMENDING ORDINANCE NC, 4001, i- Guevara ; I iq 1 I : (c) Ordinance No. 6033, amending Ordinance No. 6005, j ; concernlng buslness licenses. The Mayor Informed the : : Council a committee consisting of Don Dunham, Harvey 'i i Roy, Cmn. Neiswender, Pierce Davis, William Cannon, : : Max Ewald, the City Manager, City Attorney, City Clerk i ! and himself met on two different occasions, and recom- i ;I:' ;;I; 188: ;I:; I:;# :;*I ::;I (**I I:;; 1: !ll! : mended the following: I I I i:i; a .. .I:: I : That the gross receipts schedule remain as is, that the 1 i Wheel Tax used by City of Oceanside be adopted. It was : : also suggested that Laundromats be put on gross receipts! i rather than under the vending machine catagorie. i The City Attorney presented the following ordinance and ! I read it in full: I I I I I I I I * I I I ;I;; ;: ;:*I 1::: ;:I: ;* $1: :e !!I1 i;:: I:;; :::I $11 :!I: I : Ordinance No. 6033. AN ORDINANCE OF THE CITY { i OF CAALSB CALIFORNIA, AMENDING CEElTAIN ! : SECTIONS O%DbRDINANCE NO. 6005 OF THE CITY i Bierce ;xi i x i OF CARLSBAD, REGARDING LICENSING FOR PUR- : Guevara 8 : : 4 I POSES OF REVENUE AND REGULATION WITHIN THE! Neiswende; : : : ; . CITY OF CARLSBAD was adopted. : I Hughes ; ;x{ 4 $I !$:! ;*ti 4:: p:; B I i OLD BUSINESS: I I I I I 8 ! (a) Second reading of Ordinance No. 9154, reclassifying : i certain property from Zone R-1 to Z.one X-3. The Tollow: ; ing ordinance was presented for a second reading by the :r i Council: \ I Ordinance AWS-ING No. 9154. AN ORDINANCE ORDINANCE NO. OF THE 9.060, CITY CHANG- Oq : ING CERTAIN DESIGNATED PROPERTY FROM ZONE E b I I I I I I I I I I I I 1 I I 1 * I I I ! i:;i 1::: ::;; :;;I ::a: ;I:* ,;I; :*:; 1::; I::; ;{:: ;::: I:'! 1::: ::;I ill' ;::: 81 r!, * I I I I I' . ,'a 8 8' I I I '=:"'~~', '\, ',"" 3 9 r) * I -7- t t ", ', '8 '\ '\ ', ", ', '8,y,w u t i Na me '\, '*?$,, '8, 'x9 8%A 8' I t ; of .,+to, ' ' I I .cJ+, $.,$+&, I : Member %'$fl*p$S :"""""""~;""""""-""~""""~""""""""""""""""~;"""-""""--- *&..I *---i--- I 8 I ::;;: : R-1 TO ZONE R-3, IN rm CITY OF CARLSBAD, i Bierce :x: : 4 i I : Neiswender! 1 : x! I I was given a second reading by title only and adopted. i Guevara : ; ! Iz i I I I * I i Hughes i ixi 4 i -1 : 1 I ::!!I i (b) Sec,onc$ reading of :Ordin&nce Np. 9155, reciassifying 1 : certaipprbperty from'%one,R-l to Zone R-3L. The ! following ordinance was presented for a second beading I i. by the' Council: * I I I 1 !l;'l :*I:; 'I 1::;: 18:s 4,:: ::!I: !:I:; :'I i Orbinance No. 9155. AN QkDINARCE OF THE CITY i l:I : Bierce ;x: i 4 i i ' CHANGING CERTAIN DESIGNATED PROPERTY FROM i Guevara 8 : I :x! : ZONE .R-1 TO ZONE R-3L, IN THE: CITY OF CARLS-: Neiswende4 ! : :x: ,I BAD, was given a second reading by title only. i Hughes ; !xix: ; ('1 I I *l,!l 1i.s; :;:'I i -OFENDING ORDINANCE NO. 9060, I 1 i Due to a tie vote, it was agreed that this matter be held i i over until the next regular meeting. I I ! CITY ATTORNEY'S REPORT: I I I I I I I I I 'I : EPOH property condemnation suit. This matter did not : : 80 to trial due to the fact there is a settlement in the . . I : offering. . It looks promising. - . " I t I I I I I : Whitehead Condemnation suit. This matter is in regards : i to the extension of Beech Street. The .City Attorney state4 i he discussed this matter with the owner and he is in hope: : of getting a settlement on the property. I I 1 t i Schuyler property condemnation suit. This matter should! I come to trial within the next couple of months. I Carroll Kelly water agreement. The City Attorney is i : working with the City Engineer to try and come up with : I a settlement that will be satisfactory to the city. I i Amendment to Health Ordinance concerning food handlers: i concerning food handlers, and they have requested the citi I to adopt an amendment to their ordinance. This can be : ; done by reference, however, the city will have to give : i notice by way of publication in the local newspaper. . If thd : Council is agreeable a public hearing can be held on Jan- i i uary 7, 1963. 8 * I I 4 t t I I 8 I I I I The County has adopted an amendment to their ordinance : I I I I I I I : By common consent it was agreed that notice of the heariqg : be published. I s I I p;;; '111 I::,: :!!!I i::;: ::;!I lll#; I:: i i CITY MANAGER'S REPORT: 1 ,-.I 1::;: I::;: ;::a: I ::I ':l!l :::i: "I :I:;' I: It ;;:: ;:I$ :; :I:; :; ii!: :; ::; ;I:' #:I: ;;:: :;:: 11 I:,I !I*! '1;; i::; ;!:I ;I ::I: ::;I i:;: :::: ;;:: :;:: !:I: :::I 1;~l I:@ ::;: :: Ill( !ll! I I 1 * I 'ci' i;;: ,;a: I !$:! P I : Building at Chestnut Avenue and Valley Street, A letter i i was received concerning the building that was recently i ; .moved to the corner of Chestnut Avenue and Valley Street.: i This is a home that was located where Mr. Humphreys is i : building his subdivision. The City Manager stated he ; i went out and looked at the building. The Building Inspectj : or indicated that it meets all the requirements of the i building code. i Lawn for the park in Terramar. The San Diego Gas & 1 : klectric Co. will furnish a tractor and disk to plant the : i grass in the park in Terramar. i Fire Department Christrnas.Scene. The Fire Department: i kill be opening the Christmas Scene tomorrow evening. ! : There are a .great many people from the Freeway who st03 i and view the scene. We are in hopes of getting some : pictures this year of the scene. I I I I I I I I I I 8 I * 1 I I I I I I I I Sewer Committee. There have been several meetings he* I I I I I I I I ? I I t I I ! ! ''ti ::I( :::: ::i: :;;; i::: ;::: ;::; ;::: :::I ;;I: ::;:; ::;I i:;; ::;: !::I ;::; ::e* $81 1s:: le;: IO0 * : I. i::: 1;:; I i.; : 11ii I;*: :!?I to 9 ' *." "' I 8, 'x,'\, '8 '\ " 9 :) I -8- f Na me "','88&. \\, '%k I ; of *+j$& ' ;"~""""""""""""""""""""~"~"""""""""""""";"-""""""-,~""--~-. 9 I I b I I I I I I \, \ ' 'h '\,", Y & 8, '\,"\, '8, ', '* < '\ ', 1 I I f Member ',L\&, $i@.F@< 4. ;% I ;: ::i: I I I b i with the Vista Sanitation District and the Buena Water i ::I: 1;: : District. In the very near future there will be a supple- : i mental agreement presented for the CouncilEs review. i i:ii I * :f:: I * I Escape Clause in all documents. Cmn. Neiswender re- ; I ; quested that an escape clause be placed in all agreements! i or contracts. I 1 I * I i The City Attorney stated a clause could be inserted in all i : agreements whereby the city could stop any work upon I i written notice; however, there could be trouble getting ; : the other party to sign such an agreement. ; a clause placed in their contracts or agreements. The : I people of Carlsbad need this protection. i The City Manager stated he felt this would depend greatly! I upon the type of contract or agreement that is being enter: : ed into, .and if it were for remuneration. ! Cmn. Neiswender stated that if the contract or agreemen{ i does not have such a clause it should be brought to the ; ~ : attention of the Council. I I I I I I i Cmn. Neiswender stated other large concerns have such I I I I I * I I I 4 I I I I I I ! : Accelerated Public aorks Program. Cmn. Bierce in- ! quired as to making application for monies for the librar : under the Accelerated Public Works Program. The i Carnegie Foundation and the Ford Foundation have been ; quite generous in funds for libraries. He suggested that i the City Manager write to both of these foundations and I inform them of the city's plans. I I I t Yi I I I I I I I I ! I I I Cmn. Neiswender stated perhaps the Council should put a i ! stop order on the present plans for the library. i Cmn. Bierce stated it was agreed at the last meeting that i i the architect proceed with the plans. 1 I I I I I I I I I Cmn. Hughes stated he would like to compliment the city I i i Mayor Guevara announced he would like to wish a very I I : Manager and the Public VC'orks Department for repairing : i the street at Tamarack and Jefferson Street. I I I I I : Merry Christmas and a Happy New Year to the members : i of the Council, the people in the audience and the citizens I : of Carlsbad. I I I I ; RATIFICATION OF BILLS AND PAYWLL: I # I 1 I ! i"1 :::: ;::; ;::: 11:: ::I; :;;f ::;; ::;: :;;I :t'l :;:: 11;; 19:: :; ::;i ::;I I::: ;::i ;::; ;::: I;:: 1::: :;:; r:i: 1;:; '0;: !ll! **I 811 :;: ::; ::; ::: ::: ::: ;:I ;@I I!# $1 I 4 I I I 1 I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I 1;; 1:: .i .; : 1': ;:; ;ii ii: :I; ;:: ;I: ::: :I: ::; ;:: :I 1:: t:: ::; !#I I I I I I I I I t i : Ratification of the bills was given for the General Expense! I ; Department in the amount of $17,662.54, for the period : Bierce + I * i of the city in the amount of $44,196.85 and for the Water ; 9 t i December 3, 1963 to December 17, 1963, as certified by IGuevara I i the Director of Finance and approved by the Auditing Comf Neiswender :x ; mittee. ;Hughes i ; Ratification of the payroll was given in the amount of I Bierce a 8 ; fied by the Director of Finance and approved by the Audit-; Neiswender : I ing Committee. I I I I 1 I t I i $17,714.73 for the first half of December, 1963, as eerti-IGuevara I i i Hughes * ir * j ADJOURNMENT I t I 1 I ! i By proper motion the meeting was adjourned at 10: 08 P. Mi I I I i Respectfully submitted, 1 4 I f I I I 1 I I I I I t I I I I I I I I I t I I I I I I I I 9 i a I l i I I I I I l a I I I I I I a I I I I I 1 I I I I I 1 I I I I i I I. 9 9 I I 9 9 I I I I I I 4 I I I I I I I I I I I 9 0 I 1 1 I I I I I I 1 I I I I I I I 1 I I I I 1 1 I I I I I I I I I I I I I I I * I I I 1 8 I 4 1 I Z I ! ':i :; 1: :: i: 1;: ;; ;x i ;x : x !X i :x i p: XF! F: !X I :: I@ 1:; :; ;: :;: ;I1 1:~ I;# It! ::: ::I ::I :;I ::i ::I :;1 ::: !SI