HomeMy WebLinkAbout1964-09-01; City Council; MinutesI I I' ,\. \8' I ;CITY OF CARLSBAD :Minutes of: CITY COUNCIL (Regular Meeting) i !Date of Meeting: September I, 1964 ; Na me ', '*?e, \., 8:
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;Time of Meeting; 7;OO P,M, ; of 'qQ\q, '1
;Place of Meeting: Council Chambers : Member '*%%4 ,"""""~""""""--""~"-""~""""""""~"-"""""""""~~"""-"-"""-"."
!ROLL CALL was answered by Councilmen Atkinson, I
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:Dunne, Neiswender and Jardine. Councilman Hughes i ;:I
!present at 7:13 P.M. Also present were City I I 18;
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:Manager Mamaux, City Attorney Wilson and City I ::I
:Clerk Adams. I 811 I ::I + ::;
~INVOCATiOW was offered by Rev, Roy Brokenshire. I ;I, ::i
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[HLLEGI&YCE to the Flag was given,
:APPROVAL 1.- OF MINUTES:
!(a) Minutes of the regular meeting of August 18, :1964, were approved as submitted,
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I I I I I I I CORRESPONDENCE :
I I There was no written correspondence presented.
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I i: :Atkinson ; : gunne : :x ?deis'wender i I :Jardine :x:
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I I IS l e! I :ORAL COAMWICATIONS: I I ::
1 :I I 1: ?here were no oral communications, I I :;
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I I i PUBLIC HEARINGS! ! "1 & ,-I. 4.L
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I i la) At-' agEeal of the decision of the Plannin '6cmmissS.on come-rnins an aDplication submittzd bvj . rKamar Construction Co. €or reclassification of i :property located on the southerly side of Tama- 1 jxck Ave.~ between Pi0 Pic0 Dr. and Adams St., froh :Lone R-3 and R-1-7500 to Zone C-1. Appellant: s :=mar Construction CO.
:The Council was informed that a letter dated :August 27,' 1964, had been received from Kamar Con; jstruction Co,, Inc., requesting that their appeal : :be withdrawn, as they are compiling additional i :facts and reasons for the support of their zone : :change. I : fl 9 'ZL. :=,
i(b) An appeal of the decision of the Plannin
!Commission concernins an aDplication subrnittegd by! :C,A. and Georqia Richards for reclassification of i :property located on the easterly side of Roose- ; :velt St., north of Grand Ave., beinq a portion of i :Lot 36. Appellant: C.A. and Georqia Richards. I
:The Clerk certified as to proper notice having ; : be en give.n . I
!Letter from Robert B. Nelson Realty was presented,! jstated Mr. and Mrs. C.A. Richards, owners of the : :property in question, asked their office as agent4 jto request an appeal of the Planning Commission's i :decision, due to the fact pertinent information : jregarding their property was not available to the i :Planning Commission at the time of the hearing. ;
:Letter dated August 16, 1964, from Carrol A, and i
:would like to file an appeal of the decision of i Ithe Planning Commission concerning their property.:
:The Mayor declared the public hearing open and : :asked if the appellantwished to speak on behalf o$
!their appeal. I
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!Georgia L. Richards, was presented, stating they :
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I I ; of '3@&, '* : I~lelilUcI -%e: ~""""~""""""""""""""""""-""""""-"---"""~""-~""--"-----"---:--~ :DIP,. RCBERT NELSDN, realtor, stated he was repre- : :: lsenting Ms. and Mrs, Richards, At the Planning i t; I: ::
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0 !Commission hearina there were several ntsnnle who ;
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:I !spoke in favor of &this sezoning, however, . :was no opposition to the zone change. He has
:perty owners favoring this reclassification. I ;: I 1: :!
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I I I: Ireceived a signed letter from two adjoining pro- i ::
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1 kb els son presented a letter signed by Edwayd A, t ri jMoore, 2766 Roosevelt St,, Anita S, Juarez and i !;
:Jacob Juarez, 2788 Roosevelt St,, authorizing Ms, ; !I 1: $\1elson to represent them at the hearing, as they i 11 :feel. the property located at 2786 Roosevelt St. : 1: :should be rezoned to C-2. I 1 ::
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bl"R EMMA SALSEN, real estate salesman, stated shg :I 1'
irepresented the buyer and seller, She has tried ; ;:
1: ion several occasions to find available commercial i :I !property. If this reclassification is denied the ; 1: ;;
:city will be denying a new business from coming t It :to town. This property has been sold on the con-: :; I:
idition that it will be rezoned. 1 ::
I :I $VIR. FRANK SMALL, 2718 Roosevelt Street, stated at : :I
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:the time the Buy & Save Market was being consid- : :I iered the widening of the alley was suppose to "T" i ;:
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:off to the north. If the alley is not required . : i:
!as a condition of the rezoning it will never be { '
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$he Mayor declared the public hearing closed at i :;
:7:40 P.M. ::
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phe Assistant Engineer informed the Council when f i: ithis matter came before their department they I t 1: realized the city would need 8t of dedicated right! :: I: ;of way. The owners are willing to dedicate the : :;
{necessary right of way. At the time Mr. Stein 11
:I !built the Buy & Save Market he offered to dedicatG I: :lo1 for alley purposes at such time as the other i ;!
:adjoining property owners dedicated their share. : :I
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/A potiential alley running north and south through! :; %his area was also pointed out. :;
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bnn. Atkinson stated that DNJA4 has proposed corn- i ::
jnercial zoning on both sides of Roosevelt Street : ;: ;:
:from Grand Avenue and Laguna Drive. * I 1:
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hlayor Neiswender stated in view of the new evi- ' ! I8 $ence presented this matter should be returned to I ;:
:the Planning Commission for further study. 1 ::
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by motion of the Council the matter was referred !Atkinson : ; ;;
;back to the Planning Commission for further study : hmne 8 :x
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t I land report back to the Council. ; Neiswender: !
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I I i Hughes : :
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!ENGINEERING: I 1:
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:(a) Resolution #1067, certifyinq City Expenditure ' ::
jdurinq the 1963-64 fiscal year pursuant to Collie! :: XJnruh Local Transportation Development Act. The : ;;
!City Manager irIformed the Council the funds were i :: :received but not spent. However, some of these ; ;:
:funds will .be spent this year as provided in the : ;: :budget. We have established which streets are i ;:
1: !eligible, This is part of the select system. We I :; :have not established which streets will receive : :; !these funds, The City has received approximately I :;
:$21,OOo, A resolution has been prepared certify- 1
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;The following resolution was presented: :"""""~""""""""""""""""""""""""""~"""""""""~"""""""-
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I ::; 0 !Resolution #1067. A RESOLUTION OF THE CITY I ;'I
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:COUNCIL OF THE CITY OF CMLSBAD CERTIFYING CITY i !EYPENDITURES DURTNC TLIE 1063-64 FWAE VEAR pm- ! i SUAm TO THE COLLIER-UNRW LOCAL TRANSPORTATION {Atkinson s k::
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; DEVELOPMENT ACT AND DIRECTING THE CITY CLERK TO :Dunne ;I1
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iTRANSMIT COPIES, was adopted by title only and INeiswenderi ; :: tfurther reading waived. :Jardine ; $ I: : .poLp I I 1:: i (b) Request for street vacation + Oak ,Avei bGtwe- I ::;
!en State St. and Santa Fe riqht of way; Letter : I:; ;dated July 21, 1964 from H,M, Baumgartner was prei i:: jsented, requesOing the City Council to investigat? :!! :the possibility of vacating and returning to the ; ::; !tax rolls all of part of this portion of Oak Ave. i ::;
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:The Engineering Department reviewed the request i ::I
;and they concluded that it would not be to the ; ::; ::: jbest interest of the City to vacate this portion : I:: :of Oak Avenue, due to the fact this is the pre- ' ; J 1;:
jsent access to the City yard; there are existing : i:; :water facilities in the area to be vacated, li- i :I1
icensee holders of the railroad company property : ;I:
1:; :use this area for ingress and egress to maintain ; ::: itheir utilities; and there is a critical surface s ::;
idrainage flow in this area. :::
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t ::: !After consideration by the Council, by motion of :Atkinson ;xi i ithe Council the request for vacation of a portionbunne @@I :of Oak Avenue was denied, ::; iNeiswender; ! I
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l 1:: i (c) Acceptance of street dedication for a portion i ::: !of Forest Ave. - Mrs. Heir. Mrs. Heir was grantet :::
;a lot split on her property, with the condition ; ::I :that she dedicate 10' for street right of way. I ::I :Two deeds have been received for this purpose fro4 In1 181 :Mrs. Heir, and it will be necessary for the . .- .< : 1:;
:Council to accept these deeds. ::I
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:By motion of the Council two deeds for street :Atkinson :x! 1 :right of way purposes were accepted .from Mrs. Hei4Dunne lli :lI :and the City Clerk instructed to record the same. :tJeiswenderI f ~
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!NEW BUSINESS:
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1 'I . ;(a) Resolution #2068, urqinq immediate action by i :California Hicqhway Commission to end slaucjhter on: I: iU.S. 101. The City Attorney presented the resolu: ;: :tion which he had been instructed to prepare at : ;: ithe previous meeting.
icmn. Dunne requested that the resolution be amend; ;: :ed to state between San Clemente and Carlsbad $ * ;: !rather than through Camp Pendfeton. I I# I 1:
:The following resolution was presented:
:Resolution No. 1068. A RESOLUTION OF THE CITY :Atkinson ; i > :COUNCIL OF THE CITY OF CARLSBAD URGING IMMEDIATE iDunne :; @ ;ACTION By CALIFORNIA HIGHWAY CON~ISSION TO END :Neiswenderi : :SLAUGHTER ON "SLAUGHTER ALLEY", was adopted as :Jardine :xi I amended. iHughes @I ! :
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"t- j Name I, '\!$& 8, '2 'y+ 'e;., '8 ; of .cJ\o .;. : Mamhor \@@.$
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0 1 OLD BUSINESS: I I
A ." ' - '_ I('a) Second readinq of Ordinance #3069, makinq un-:
i odor or noise. I
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1 :lawfulthe keepinq of animals that cause offensive:
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I 4 :Cmn. Dunne suggested that insects be included in i
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I :Mayor Neiswender recommended that this ordinance i ::: ::: !be given a second reading as presented, and at a I 01 881 :later date if it is necessary that an amendment : ::; :be made to this ordinance. I ::I :< / I I ::; ::; ;Ordinance #3069. AN ORDINANCE MAKING UNLAWFUL THE :Atkinson i i i
KEEPING OF ANIMALS THAT CAUSE OFFENSIVE ODOR OR Punne ::; !NOISE, was given a second reading by title only !Neiswender i i ~ :and adopted. :Jardine :x! 1
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I I _..- Pughes I; ~*' /.+" ~ // 02 q<- ; IX
! I$ r! ;(b) Second readinq of Ordinance #9172, chanqinq i ;;
:certain desiqnated property from Zone R-1 to Zone ;
@-P (Baird property). A first reading was given : :;
Xhis ordinance on the condition that a grant deed i :: t;
:be received from the property owner for street . 1; .; ::. . : !;
!right of way prior to the second reading. The : ::
;grant deed has been received and it will be neces-i ::
:sary for the Council to accept the deed. I:
1 :a 1 IS 1 ;: by motion of the Council the deed was accepted i Atkinson : !x jfrom Viillard R. and Maxine Kern for street pur- : Dunne :x i jposes, and the City Clerk instructed to record i Neiswender I :the same. : Jardine ; : ::
i Hughes : ;
I i: !The following ordinance was presented for a second ;: jreading: I I ;: ::
;Ordinance No. 9172. AN ORDINANCE OF THE CITY OF !Atkinson ; : ;:
:CERTAIN DESIGNATED PROPERTY FROM ZONE R-1 TO ZONE keiswender i : :R-p, was given a second reading by title only and jJardine :X!
;adopted. !Hughes I!
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:CARLSBAD AMENDING ORDINANCE NO. 9060, CHANGING :Dunne 8 I>( 11
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:Encroachment permit - Richard Geyer. At the pre- i jvious meeting the City Attorney reported on an : ;encroachment of the Geyer building on city pro- I iperty at Madison and Elm Ave. An encroachment i :agreement has been prepared between the City of : Xarlsbad and Richard E. Geyer for Council consid- I :eration. I
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I !After due consideration by the Council, by motion htkinson i ; jof the Council authorization was given for the :Dunne :Mayor to execute the permit on behalf of the City iNeiswender : : :of Carfsbad. !Jardine i i :
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I !; ICITY t s MANAGER 1 s REPORT z
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I !The City Manager jwritten report.
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I reviewed several items of his I I
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!"""""""""""""""""""""""""""""""""""""-~""""""""":"'~ I :Item No, 1, was reviewed, in which he pointed out;
;'chat the increase in water costs to the city can :
!be absorbed under the existLng rates, and, there- 6 ifore, there will not be a need to increase water ; i
:rates.to the customers at the present time.
:Item No. 4. - Data processinq machine. The City j jblanager stated he is recommending this machine be i jinstalled in order to improve the financial re- : ;porting of the city.
jCmn. Atkinson stated he was in favor of this systenj :however, he felt the Mayor should appoint a com- : imittee to make a report on the operation of the I :machine. I I
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Cmn. Jardine stated he was familiar with this type ! !a 1: :of equipment, but recognizes the position that i :: ;some of the other members of the Council may have:, :I
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I iCmn. Hughes stated he felt this was a management ! :problem. We have budgeted certain monies to oper: jate the city and we should have faith in. our mana-: :ger
ICmn. Dunne stated when the city spends this kind i jof money he felt the city should investigate this : :matter more thoroughly.
:The City Manager inquired if this meant that jevery time he purchased a piece of equipment he ! :must come before the Council. He did not object i
jto a committee being appointed, however, he has : :been given authority to manage the city in ac- jcordance with the budget adopted by the Council. i
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jThe City Manager pointed out that when he first !
;came to the city the Council did away with the ; !Director of Finance-Mr. Greek has submitted his t :resignation effective as of January 1st. These i :duties will have to be absorbed some way. By the: :use of this machine the auditors fees can be re- i jduced. I
iCmn. Atkinson stated the benefits in a piece of ! :equipment of this type are different than pur- l jchasing a tractor.
ICmn. Jardine inquired of Cmn. Atkinson if he would :be willing to accept the recommendation of himsel! jand the staff, as he knows what this machine can :
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iCmn. Dunne stated due to the fact he would not be! :present I for the next Council meeting he would . t* .
:withdraw his objection. !
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!By motion of the Council authorization was giver% :Atkinson : i :to the City Manager to execute a lease-purchase iDunne :agreement with NCR, subject to the approval of thqNeiswenderi i !agreement by the City Attorney. :Jardine I ;:
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I I :Executive session. The City Attorney requested i I: ;:
!that an executive session be called to discuss : ;:
!possible litigation. I :;
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!By motion of the Council an executive session was: :;: ::: !Atkinson I I I
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:The Council adjourned to an adjoining room of the: ;:: ::I !Council Chambers at 8: 05 P.M. I ::;
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:The meeting reconvened at 8:14 P.M. I i:; ::;
jBy motion o'f the Council the City Attorney was inj.4tkinson :xi VI ;
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jstructed to proceed with litigations. :Dunne : kl
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kmn. Dunne stated he would like to compliment the i :;~ iI~ :City Manager and City Engineer on the work that i ::, :is being done on the streets, i.e. Buena Vista ; 1: jand Oak Avenue. ;I
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t I I ?he City Manager pointed out that work was also i :being done on Valley Street. I
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Cmn. Hughes suggested that striping also be done I ;I 1: inow before the fog starts. I I :I
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:PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I s I I I I I
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!Authorization was given for the payment of bills ! I :! 11 !for the general expenses of the city in the amounG I: :of $20,704.92 and for the Water Department in the Atkinson : : :;
:amount of $1,765.58, for the period August 18, Dunne :: I1964 to September I, 1964, as certified by the Neiswender i :
acting Director of Finance and approved by the gardine :x i
9uditing Committee. pughe s I ix
batification of the payroll was given for the se- htkinson !xi ::
kond half of August, 1964, in the amount of bunne :a \$20,172.85, as certified by the Acting Director ofNeiswender i i Finance and approved by the Auditing Committee. Dardine ;:
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I ~DJOURNMENT :
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$y proper motion the meeting was adjourned P .Ivl !
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kespectfully submitted,
I I I I I I & &E,@ &I
MAR@&&T E, ADAK city Clerk-
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