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