HomeMy WebLinkAbout1964-08-04; City Council; Minutes. I 0' I ', \\, '8, .- ', '\ '* ' PXT*r" or GrnLSbHD I '\ \ \ 8, 8, ' I Minutes of: CITY CCUi\ICIL (Regular Meeting)! '., '\ '\ '. : Date of Meeting: August 4, 1964 i Na me '\,,.;" '.<?A, '- i Time of Meeting: 7:OO PcM, : of , ,.bp\ : Place of Meeting: Council Chambers : Member \Y$$ ;""""~""""""~""""""""""""""~~"""""""""""~"-"------"---,--~
* ', '8, 't, ', ',
0
I I
I I !
I I I I i I i
I I I I I
I I I I
1
I I
I * ROLL CALL was answered by Councilmen Atkinson, :
was absent. Also present were City Manager Ma- ; maux, City Attorney Wilson and City Clerk Adams. ;
special prayer was offered for Mrs. Alliss Ennis,; a Policewoman for the City of Carlsbad, who pass-!
I ALLEGIANCE to the Flag was given, I
Dunne, Neiswender and Jardine. Councilman Hughe4
INVOCATION was offered by Rev. Brokenshire. A I I
I I
: ed away August 4, 1964,
I
I I I
4
I I I I I
I I I I I 1 I I f I * 4 I I I t I 1 I I
I
1
I a I
I I I I I I I I 6 I I I
i APPROVAL OF MINUTES: I 6
I a * * I (a) Minutes if the regular meeting of July i Atkinson i
f i I Neiswende~
I : Jardine :x i CORRESPONDENCE !
i 16, 1964, were approved as presented. : Dunne
I
I
I
t 4 I
I I t ! . . I
I I I
I (a) Paul H. Sweet - re: Claim for damaqes. i i The City Attorney presented a claim for damages i i received from Paul H. Sweet in the amount of I *
I ! $57.80, I I *
i 4 I * I I I I I I I I
I I I
I I i By motion of the Council the claim was denied and! Atkinson i i referred to the City's insurance carries. : Dunne e
I
I I I Neiswender:
I I I I
: Jardine b
I ORAL COMANNICAT IONS : I I I
* I I I
I I I
I !There were no oral communicatidns, I I i !
I I I I I I I I I i i PUBLIC HEARING: (Continued) I I
I i
I I I I
I
e l
1 (a) Resolution of Intention #48 of the Plan-i ! : ninq Commission to consider an amendment to sub- ; * I i sections (6)(b)(l) and (6)(b)(2) of Ordinance No.: I I : 9060, reqardinq keepinq of horses. * I #
I !
I
I I I I I 0 (1) Report from Councilmen Atkinson andi i Dunne, The City Attorney informed the Council he: : had met with Councilmen Atkinson and Dunne separ-i I ately on this matter, however, they were unable : :to meet together and he would like to have this i !matter deferred until the next meeting. 4
I
I I
I !
I ! * I I 4 I I I I I I I I I !
!By common consent it was agreed that this matter i :be deferred until the next regular meeting pend- i i ing report. I
i PLANNING:
I I
I e I f I I
I ! I I I (a) Plannins Commission - re: Keepinq of I i i animals in R-1 Zone. The City Manager informed ; f the Council this subject was inter-related with 1 i the above matter, and requested the memosadum de-! i ferred until the next regular meeting. I ! I
I
I I I (b) Presentation of tentative mar, of Ocean i
!View Subdivision. The tentative map of Ocean I i View Subdivision was presented for the Councills ! i review. I I
i * I ! !Resolution No. 369 of the Planning Commission wasi !read, disapproving the revised tentative map of : ; Ocean View Subdivision for the following reasons:: : (I) The property owners adjacent to this property! !were unanimous in disapproving this subdivision :
!
I I I
* I I I
* I I I I I I I I I I 4 I I * I !
I I I 6 I I I I I I I I * I I I I I I 8 I I I * I I *
I I e I I 4 I I I I I !
I 1 '\" \'- I
8 I \\\ 8'
I I I I
I I '\ '\)\ '\ '\ '
\\ 8, \\\ '\
! -2- t '\ 4 \$ I 1 at 4iJ24 ; : Member .%
8 8'
I I 8 8'. 8' I I .' '
: Na me '8 ?P\. \ n\ '
~""""""""""""""""~"""""~~"""""""---"------"---l-------------"-,-- i as it is not the best planning to have the only i : access through Lot 59 in Seacrest Estates Unit ; 1 I I No. 2 as it would increase the traffic in an arei : designed for limited traffic; (2) That it appears I I I i it may be an invasion of property rights and deed : restrictions and it is not the proper use of the 4 I I i land to use Lot 59 for a street opening; and (3) i ; The long narrow street through one section of a : I I i subdivision which ends up into a cul-de-sac in i : another subdivision is not good planning. I I I I
I Councilman Jardine stated he had been recipient ! I of many contacts concerning this matter, and was i : sure the other.members of the Council had been :
: reaction to the access; however, there are no i particular reasons against the development itself!, :only the access and the deed restrictions, I I I I
! Mr. Paul Swirksy asked to be heard, The Mayor ink i quired of the City Attorney as to the public : speaking,
I 1 I a 8 I I
I
$ I
I I I
I I 4
I * I 1 I I I I I I 1 1 1 I I i also. There appears to be a universal negative I I
t I
1 L
I I I
I I I I I I I I I
t I *
I I + I I
I I
I
I
:The City Attorney stated this was not a public ! i hearing, and it would be up to the discretion of i : the Council as to whether they wanted to hear I 8 i from the public,
iNIR. PAUL SWIRKSY stated he was representing Carl$- : bad Investment Corporation and would like to I t I speak concerning the reasons given by the Planninb : Commission in disapproving the tentative map of i
I Ocean View Subdivision, !
I I I I I I I
I
I I i As to the adjoining property owners disapproving :this subdivision unanimously, he would like to I point out at the Planning Commission hearing i there were 15 property owners who protested, and ; there are 79 lots. Each new subdivision must : connect with an existina street. As to the inva-
I I l a I I I I 8 I I I I 1 I .I i sion of property rights-and restrictions, this is: : the basis of zoning, Every action taken by the ; i Planning Commission is an invasion of someone's : i property rights. If there is a violation of deed: :restrictions, this is something the courts should: : determine. The Council does not pay attention to: i deed restrictions because recently they approved : !a subdivision which allowed access by a lot, He : ;sat on the Planning Commission at the time Sea- i : crest Estates Subdivision was approved, The ! reagon €or a 501 right of way vllas due to the topol : graphy of the area, and the City did not require : i sidewalks in subdivisions at that time, This map: i as submitted met all the requirements of the : zoning ordinance and was recommended by all the i !members of the staff. The subdivider has agreed : :to meet all the requirements. If this subdivi- i i sion is approved, it would create another water : : line, provide for the extension of Donna Drive ati ! a later date, provide for better traffic flow and: :is not in con€lict with the Master Plan. I I
:Councilman Jardine pointed out the entrance to i i Seacrest Estates is a traffic hazard now, due to : : the fact that when you enter you face up to a hili,
:The following resolution was presented for the i :.Council's review:
I t
I 8
t I I
0 I I
t I I t !
I I I I I I I I !
I I I I I f I I I I I I I I I I I I I ? I I I I !
1 I 8 I I I I I I I I I I I I I I I I 8 I I I I I I I 4 I I I I I I I I I I I I I I 1
I
!
I I I I I I 8 s !
I I I I I I
I ', I.\ x *. 8 b'
I '8, '8t,'8, \ \, \' \, '
I I '8, 8,8'\, ' t, ' ', I
! I \ ." \
I I
I
I
\-
I -3- i N a me '\ '%@, ''
I f of '.,,'\08,
: Member \e+ .$id% :""""""""""""""""""""""""""-"""""""""""~""""""""". :Resolution No. 1058, A RESOLUTION OF THE CITY :Atkinson i 1 :COUNCIL OF THE CITY OF CARLSBAD DENYING THE TENT- i Dunne :ATIVE MAP OF OCEAN VIEW SUBDIVISION, was adopted :Neiswenderi !by title only and further reading waived. i Jardine : x
1,
I I 1 0
! I i PARKS AND RECREATION COMMISSION:
! (a) Maude K1dabal.t: - Letter of resisnation €rbrn:
IPaPke and R4crdakion Cmds&t~- Le&& dabd ! I !July 22, 1964, from Mrs, Maude E. Hildabolt, re- 1 !questing that she be relieved o€ her duties as : I I :Commissioner of the Parks, and Recreation Commis- i
jfhe Mayor, on behalf of the City Council, acceptei :Mrs. Hildabolt's resignation from the Parks and i !Recreation Commission and requested a letter of : I 1 : appreciation sent to &sa Hildabolt. I
I (b) Three appoinkments to Parks and Recreation i i Commission. Mayor Neiswender requested an execu- : f I : tive session, I !
i I I
1 I I 4 I I I I I I \ I ! . I
I
I I I 1 I * I * I I I I I
Ision, I
b I I
I I I 1 I I I I
I
I I I
I I I I ! I :The Council adjourned to the adjoining room of i Ithe Council Chambers at 7:25 P.M. I
I I
t I I .
f I I I I I I I
I !The meeting reconvened at 7:.40 P.M. I
:The Mayor announced he had been authorized by the: :Council to appoint Mr. Don Briggs, Jr. 9 Mr, Vere i iGoSf and to reappoint Mr. Edward Hummel to the ; !Parks and Recreation Commission. I !
I
I I
I I I I 1 I I I I I I I I t 1
I
I I : ENGINEERING:
I
I f I I !
a 1 * I I $ I I 1 (a) Report of bids received. for Tamarack Ave' t 6 1 I
I I I I I L I I I I I I I 1 I I I 1 t t
$ f I 4 I
i extension and recommendation for award of contrac .
:The City Engineer presented a summary sheet of thk : bids received, and informed the Council. fou bids! :were received. Sim J. Harris was the low bidder, : i and this bid was 18 1/2% under the engineer's I ;estimate, The low bid was $28,489.61, and this i I project was contemplated in the present budget. i
!The City Engineer recommended that the bid of I i Sim J. Harris be accepted. 4
:By motion of the Council the bid if Sim J. HarrisiAtkinson i ~CO. was accepted as recommended by the City Engi-:Dunne : new for the improvement of Tamarack Avenue ex- :Neiswenderi i tension. i Jardine ;
I t
8 I
I I I I
I I
1 ! I
I I
t 1 (b) Report of bids received for Hemlock Ave.:
: Assess, District No. 1-1963. I * I
I ? I i A summary sheet of the bids received was present-: : ed. The Engineer informed the Council two bids ; I were received and Pavichk Construction Co. was : : the low bidder in the amount of $14,733.42, which: i is within the 10% over the Engineer's estimate. i : This is the second time the city has advertised : i €or bids, and the Engineering Department recom- i
: mends acceptance of the bid of Pavichk Construe- ! i tion Co. I I
I !
I I I I I I I I * I 4 I I I I I I I I I I I I I I I I !
( I 8 e l i The following resolution was presented: a I
I I I I ! I , ! Reso1utj;on NO. 1059. A RESOLUTION OF THE CITY i Atkinson j
; WARDING CONTRACX FOR WORK OR IMPROVEMENT OiiDERED i Neiswendei I BY RESOLUTION NO. 1026 OF SAID CITY COUNCIL; : Jardine i
I COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA A- : Dunne I
I I 6 I I
I I
I I I I 8 1 # I s 1 I
. * b 8, 'e. ', , ' \\ 8-88q
a
I *
I '8 u.8 8' - .88
I '*x '*%, 888 888 '\
I .-4- t '8' 'x ', 8
I : k'3:m@ 8, '*:+ '
8.. <<$,+* <,X%
i ',&.e ~"""""""""~""~"""~""""""""""""-"""-----"----l"-----""---",-- i bjember \?&
; Assessment District No. 1-1963, was adopted by : i title only and further reading waived,
! ! i SEW BUSINESS:
I
I a : ??
I I I * 1 I I e t I
I I
I I I I
! i *
I (a) First readinq of Ordinance ##5037, reqardk i inq weed abatement, This oWmnce was drafted 1 ; at the request of the City Manager, to aid the i I staff and establish an amount that will be charg-: ; ed if the lots are not cleaned by the individual i I property owner. The property owner will be noti-: ; fied to clean his property and also the cost if i i the city has to clean the property. I
8 I !
s I I ; !
t I 4 I I I I I * I I I I I ! The following ordinance was presented for a firsti I reading: 8 ! i I
I I I I I I ! i Ordinance No. 5037, AN ORDINANCE OF THE CITY OF i : CARLSBAD MENDING CERTAIN SECTIONS OF ORDINANCE : Atkinson : i NO. 5010-A, REGARDING WEED AND TRASH ABATEMENT 9 : Dunne 't was given a first reading by title only and i Neiswended : further reading waived. i Jardine :
I I I
I
! * L I I I I I (b) First readinq of Ordinance fi3067, reqardk i ins parkinq of vehicles upon streets and alleys. : :This ordinance was drafted at the request of the i i Chief of Police, in order to bring our code up : :with the State Vehicle Code. Previcusly cars i were allowed to park for a period of 3.20 hours : : before they could be removed. This ordinance i would allow cars to be parked for a period sf 72 i : hours only.
I I
1
1 8 I I
I I 1
$ t 8 1
I I I I I I 8 I I I I I I 8 I I ! :The following ordinance was presented -for a firsti i reading: *
1 8 I I 4 1 I D t ! I i Ordinance No. 3067. AN ORDINANCE OF THE CITY OF ! I CARLSBAD AMENDING SEGTION 56 OF ORDINANCE NO. !Atkinson I ! i AND ALLEYS, was given a first reading by title veiswender i ; I mly and -further reading wai-ed. gadine I 1 I
I !
;
I
i 3005 REGARDING PAFiKING OF VEHiCLES UPON STREETS :Dunne
I #
I I (c) Ordinance #3068, providinq for amear- i
i ance before Maqistra-k.. This ordinance was also: i drafted at the request of the Chief of Police, i i due to the fact the city will be losing the 1 Oceanside jail facilities. This will permit is- i : suing a citation in lieu of booking on certain i I violations.
i The following ordinance was presented;
* I
# I I I I b
% t
I I
I I I
I
+ I ! Ordinance No. 3068. AN ORDINANCE OF THE CITY OF iAtkinson i CMLSBAD PROVIDING FOR OPTIONAL CITATION OF AR- Punne : RESTED PERSON FOR APPEARANCE BEFORE MAGISTRATE, Peiswender i was read in fuil and adopted. gardine !
e
I I 1 I (d) First readins of Ordinance $6035, amend2 : ins and repealina certain sections of Ordinance i : 1- g6015, reclardins cardrooms. The City Attorney : : informed the Council this ordinance was prepared: I at the request of the Council at the last meeting. : This would allow one cardroom license for each i i 50,000 population.
i The following ordinance was presented:
I I
I
I
I
1 I
i I
nce No. 6035. AN ORDINANCE OF THE CITY OF $tk%nwn AD A)$~NDIETERTAII\I SECTIONS OF ORDINANCE aUnrr.e!
15 RE: CARDROOMS, was given a first read- PeiWender i ing by title only and further reading waived, gardine * D I I
b * I I
D !
c
Q
I I 1 I I !
I I
I I I
-5-
I I I I
$ 4 t I I I I
t
! I"""" - -"""""""""""""""""""""""""""""""~-
I [e') First amendment to Basic Agreement en- : ! larqinq the Vista Service Area, T'Ee City Manager: i requested this matter deferred unt.i.1 a report is :
I
! ! received €son .the Consulting Engineer. !
*, \'\ 8 '' ' \' '\ '\ '\ b' \\ ', \' '\ '\ \ '
\'\" .\ '\\ ', '. "
Na me '\, '%$\ ' of '. &!?+ *,d'd Member .%'$
8 \ '\
."""""""". I,
1; 1, I 1
t ', I
I I
I
I I I I I (€) Resolution No. 1060, prohibiting the i parkinq or standinq of trailers on Carlsbad B1vd.i I and parkinq areas adjacent thereto fFom the north! :to the south jetties. The City Manager intormed ; jthe Council the basic thought for this ordinance : ; is to allow parking for day use only, If persons! i want overnight camping, they should go to La I :Costa Downs Beach area.
f The following resolution was presented:
4 I I I 1 I I I * t
I !
:Resolution No. 1060. A RESOLUTION OF THE CITY i i COUNCIL OF THE CITY OF CARLSBAD PROHIBTTING THE I
I t :I :'
4,
I 1 I I I I I I t I I t I I I !
I I I I I I ! i PAFKING OR STANDING OF TRAILERS ON CARLSBAD BOUL-i Atkinson i I EVARD AND PARKING AREAS ADJACENT THERETO FROM THE: Dunne I : NORTH TO THE SOUTH JETTIES, was adopted by title iNeiswenderi i only and further reading waived, : Jardine ix
I I ! I t i OLD BUSINESS:
I I !The following ordinances were presented for a i : second reading: I :
I I !
1 I 9 I I I I I I t I I 1 I I (a) Ordinance No. .1088. AN ORDINANCE OF THE j Atkinson i i CITY OF CkRLSBAD MENDING ORDINANCE NO.. 1040, RE-:Dunne
i GARDING OFFICE OF CITY MANAGER, was given a i Neiswenderi i second reading by title only and adopted, I Jardine k
I ! i (b) Ordinance No. 1089, AN ORDINANCE OF THE : CITY OF CARLSBAD APRROVING THE ANNEXATION OF CER-i I TAIN UNINHABITED TERRITORY, DESIGNATED ,"SOUTH : Atkinson !x : CARLSBAD ANNEXATION NO. 1.5" TO THE CITY OF i Dunne i CARLSBAD, was given a second reading by title : Neiswenderi i only and adopted, i Jardine : I
! (c) Ordinance No. 9171. AN ORDINANCE OF THE CITY! i OF CARLSBAD AMENDING SUBSECTION (4) OF SECTION : Atkinson i : 900, OF ORDINANCE NO, 9060 OF THE CITY OF CARLS- i Dunne i BAD, was given a second reading by title only : Neiswenderj i and adopted. i Jardine x 1
I I
1 I I I I I 1 I I
I
I I
.I I I f I I
1 i
I I : CITY ATTORNEY'S REPORT :
I I I . I I i Jo&nt sewer project - Sewer plant site. The City: :Attorney infozmed the Council he had been pre- : I paring the necessary documents to disburse the i : monies to all the pcoperty owners €or the sewer : i plant site.
I The City ,\ttorney also reported in addition to i : the above work, he prepared the documents €or ; i the Council meeting. I * .
I I I I I I
I I : CITY MANAGER* S REPORT :
: The City Manager informed the Council he had i nothing further to report.
I I I I I I I I I I
4 8
I ! I i PAYMENT OF BILLS AND RATIFICATION OF PAMIOLL: 1 s * I I I
I) I i Councilman Jardine stated for the first time i since he has been on the Council the financial i ; transactions of the City have been presented in : ; an orderly and business-like fashion, Cmn. Jardink ! stated this was in no way meant to be a reflection on past ! i administrations,
I I I
I
I I I 1 I I I I I
I I I I
I I I I I I 6 I I 9 I I I
I
I I I I I I I I I I I # I I I I I I I : I s 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
1
z
e
e
I I ',\.\\" I L , ', \\ ', '\ '\
t 1 '\' '\ '\ \ '
I \ '\ '\ '\ '.
I -6- '\\ ', ', '., 3
I : Name x\,'\$$& '
I ! OC '.$4&.
I ! Member \$?
I I
I I I I
, \'
I I
1 I
! Authorization was given for the payment of the : ;"""~"""""""""""""""""""~""~""""""""-~-"----~"----"----"--,"~
i bills for the general expenses of the city in : : the amouni of $23,336.20 and for the Water Depart; I men% in the amount of $1,795.44 €or the period btkinson i :July 21, 1964 to August 4, 1964, as certified Dunne 4 I i by the Acting Director of Finance and approved .peiswender i : by the Auditing Committee. 'Jardine !x
I Ratification of the payroll was given for the :Atkinson Ix I second half of July, 1944 in the amount of \Dunne ! I$.19,888.67 as certified by the Acting Director Keiswender i I of -Finance and approved .by the .Audltlng Commltteegardine I I
i ADJOURNbENT :
i By proper: motion the meeting was adjourned at i : 8:15 P.M. I I 1
I I 1 I I I I
I 4 I I
I 1 I I I * I I I I I I I I I I I I
1 6 I 1 I
I I
I I
I I I I
I I I i I i Respectfully submitted, I I I I
I I I I I I I I I I I l e l I I I I I I I * I I I
I 1 I I I I I t I I I t I I I I I b 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 * I I t I I 1 I l 1 e l I
1 I k I I I I I I
I I I I I I I I I I I I I I I I I I I I t I I I I I I I I 1 I I I I * I I 1 I I I I I * I 4 I I I f I I I I I
i
I I t I I I I I I I I I t I I I I I 8 I I I I I I I I I I I I I I 8
I 1 I
I
I I I I I l e I I I I I I * 1 I I I I I 8 I I I I & I I f I
I I I , I I I
1 I I
l e !
I I
I I
I I
I I I I I
I I I ' I I I
I I I I I I I I I I I I I I I I I I I I I I I I I I I 8 1 I I I * I I s I I I I I t I I I I k I I I * I I * I I I I I I I I I I
I
t 8 I I I I I 1 s * I I I I I I I I 9 I
I I
I I I
I
t I I I
I I I I I I I I I I I I I I 1
e I !
I I I
I I 1 I I I I I I I I I I I I
I 1