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HomeMy WebLinkAbout1964-12-01; City Council; Minutes. " - ~ -. "_ "" YI." I \", \' CITY COUNCIL (Regular Meeting)': i f4inutes of: : Date of P'leeting: December f , 1964 ; N a me '*%, '.q+ i Time of !4eeting: 7:OO F'.?,!. : of '%$ I Pi ace of Yeeti nsr_,_~-~Si-~_c_i___~~am_b_e_lls_ ______-_____________ 4 -__________.___ :: : Member & :"""""""""""" I : ROLL CALL was answered by Councilmen Atkinson, I i Dunne, Neiswender and Jardine. Counca'lman Hughes: I was present at 7:05 P.M. Also present were City i : Vianager !4amaux, City Attorney i-jilson and City I i Clerk Adans. 5 I I r INVOCATION was offered by Rev. Andrew D. !4llstead:' : of St. itkhael's Episcopal Church. ! ! 8 : ALLEGIANCE to the Flag was yiven, I X\ '+, '* * I I I I I I I I I I I I I I 1 1 I I 1 I I t 0 I I I I I * I I I e I + t I 1 1 a t I I I I I I i PPPRQVAL OF !.4INUfES: I I I ! I I I I (a) k-linutes of the regular meeting of btkinson i I .I fjei swenrter 1 I gardine i I I bughes I \ PIovember 17, 1964, were approved as corrected. Dmne I I I I t I t ! I i CORRESPONDENCE : I I I I I I 1 I I I I I ! i (a) Kreymeyer Company - re: Request for : reconsideration os" approval to the concrete blockj I I i wall at entrance to Kreyneyer circle. Lztter t : t from Kreyrwyer ~ompany was presented 9 requesting i I ;that the Council reconsider their request for an : I i encroachment permit to allow them t;, maintain the! : block wall that was constructed at the entrance i i to Kreymeyer Circle. ~crnn. Jardine inquired as to whether a blailcjing i I I :permit had been issued for the block wall? :Mr. Robert 2eans, one of the developers of Krey- i imeyer Circle subdivision, was present, and stated: :he wished to apologize for the way this matter i ihad been handled. The mason put the footings in i :up next to the sidewalk, assuming this was the ; I I i property line. The footings were inspected by : :the Assistant Building Inspector. !do doubt the i I I !inspector thought the vrall was a part of the t :subdivision project. The building permit fee is i I \a matter of $1.50, which they are more than ~qill- I : I* 7 ng to pay. There is also a retaining v;all in ; I I :the rear of some of the lots, and he was not sure i jthat a permit was issued for that project. I I I 1 iCmn. 9unne stated there has been ~7 series of :these incidents, and 'ne felt some penalty should i !be taken into consideration. I :?layor Neiswender pointed out to Yr. 'leans that i jthe Council was concerned about the principle * a I I :that is involved in such incidents. I !After further consideration, by motion of the :Atkinson i jCounci1 it was agreed that a 6" encroachment : Dunne I :permit be issued to Kreyrneyer Company for - ..I i9eiskvender: jthe block waI I. :Jardine . I I jHug9es I I i ORAL CO!4i4UPiICATIO!~S: 1 ! : t @ 1 I I I I I I 1 I I I I I I & I I 1 I I t I 4 I I I # I I I I I I 1 1 I I I I 1 I I I I I I I I 4 1 I I t I 1 I * I s I I I I I I 8 I I 1 I I I I I I 1 I 1 I I I I t I 1 I I I I I I I I I I I I I 4 I I f s I I I I t 8 I @ I s 8 I I I :NK. 9IhL MHITE, 3604 Poe Street, San Diego, !stated he was General Chairman of the Sei? Diego : !County \.far Against titter Committee, and he had i I I :been asked to appear before the Councfl to ex- I I I jplain the purpose of their carnpafgn. This or- ;ganiration has been in existence for the past I :five years. rt was reorganized last year and it i I I jis their feeling that a great deal or" progress : :is now being made. It is costing the County I t 4 4 0 I @ I I I I I I f 1 1 I I I I t I I I I I I I I i I 8 t X\\ -\, '*, \ 8. ' I I I * 1 -2- i ~a me 'b,'%i I : of Y3 I i Member .! ;"""~""""""""-"""""""""""~"""~~~""""""-"""-;"~"-------"~ I is now being made. It is costing the County of : i problem. Under their new program t~o films have ; I been made to show to service groups and schools : :and stickers have been printed to pla,ce on 4 t ; of the "litter" problem, Th2y are asking for I 8 it! representative from each Council in the incor- : : porated areas to work with the organization, as i Iwell as financial aid from the cities. If there i ;are no funds available at the present time, they : :are asking that funds be provided in next year's I ; budget. !Questions were directed to Mr. !?lhite by members : i of the Council as to policfng the 1 itter problem. i iidayor Meiswender thanked 3r. ?4hite for appearing i :before the Council and stated he would turn the : irequest over to the City tJ?anager for processfng. ! \- l a I t San Diego $1 ,OOO,OOO a year to handle the I1litter! e ; bumpers, in order to make the pub1 ic more aware \ ! I I I I I I I I 8 I I t I 4 IFM. DO!^ DUP~HNU, 2022 State Street, stated he was i jappearing as a citizen and not as a reprcsenta- i :Live of the Chamber of Commerce, and would like : !to ask a couple of questions regarding the pro- i :posed business license ordinance prior to the :Council taking any action. iHr. Dunham was informed this matter would be :discussed under "Old Business", and he would be i !granted permission to speak at that time. 8 I :MRS. SHADEL, 457 Elm Avenue, stated she would !like to appeal to the Council regarding the drain: :age problem on Elm Avenue. Guring the heavy rain3 ithe drainage becomes very bad. She investigated i :during the last rain and found that the drains : jneeded to be cleaned out, ! !The City Manager informed the Council th5s is not; :a neiq problem. The storm drain along the tracks : ikdas constructed to help allevfate this problem, i :however, it is the run-off to the Xortk that :needs to be corrected. An estimate was made by i 'Ithe Engineering Department as to the cost of :remedying this problem, and it v!ou'Id run between ! i$ltjG,OOO to $167,000. I t iCmn. Dunne inquired as to whether a storm drain i :study had ever been made, and he was informed * * jthat a study was made of the city during the :time Rr. Jenkins was City Engineer, howeverg this : !study only took in the area up to Highland Drive. i :It was estimated that it would cost approximate- i ily 1 1/4 million dollars to install proper drain-; jage at that time. :After further discussion ihyor i'lciswnder request+ :ed that this matter be kept active. Also when * I Ithe Engineering Department can make a report on : :a proposed solution to the problem, that a writtei {report be submitted to the Council. I I !The City f4anager was also instructed to have the i :storm drains cleaned out. I I + 8 * I I t 4 I I I I + 1 I I 8 * I I 4 s I I I I 8 I $ 8 I t 1 : i I I v I I I I I ! 0 I I I 4 :PLANNIHG: I a I $ I I t (a) Tentative !t~p -of Carls~,~-~-Co:.r~~~-r~/ I-lomes i i(Cont1nued). he nglneerlng ;Scf;artr?!ent present- i ied the tentative map and indr'cqted the fscction : I I I I B * I I # I 0 0 I "\\ 'x, '*\ - a I ; of '*$ I i Member ': t I I 4 -3- x, '. 8 I i Name 't,'d I I ! - - " - - " .. .. .- . - - - & """_"" ~ _._""___ _."_".. "..."....^...... ~ - .-_-...-._ " ."-"-"---"----------- i of the proposed sUb8iVISiOh. I Nr. Ernest Adlar, the subdivider, was present ! ; and requested permission to make their appeal to i I the Council at the next regular meeting of the : i BY common consent the request was granted to 8 I i Mr. Adler. i ENGINEERIRG: $ I I I L I I I I I i ! Counci 1 (. ? I I I I I I I I I I 1 a 4 8 I t I I I I (a) Report on petition for 1911 Act Street L : Im rovements for Blaena Vista May. The Engineer- ; : petition had been received and examined for the i ; improvement of Buena Vista klay from Pi0 Pic0 Dr. i i Easterly to the intersection of Highland Pave. I I : under 1911 Act Proceedings. 42.32% of the pro- i i perty ot?rners have signed the petition; however, : ; it was noted that the percentage did not waive : i investigation proceedings as required by Divisioj : 4 of the California Streets and Higlways Code. ; I The improvements call for the construction of a i : 5' sidewalk which wilt necessitate a 5' dedica- ; I tion on each side of the existing right-of-way. i. I The 1911 Act Street Improvement District may be : : used for acquisition of rights-of-way and the i i proceedings far a ihjority Protest Act of 1931 : : may be used for a petition of less than 60%. i Normally the Engineering Cepartnent does not en- I : dorse any street improvement district with less : i than 60% O.F the property owners in favor. This : ! t report has been made for the Council's consider- 1 i ation due to much concern from citizens that havd : children walking to the school site. I 8 I Cmn. Jardine moved and :;jayor !.leisvender seconded i ; a nlotion that the Ccuncil proceed wjth the im- 1 i provements of Buena Vista \Jay under the 191'1 Act : ; proceedings on the basis of 42.32% of the pro- i i perty owners. I b i Discussion was given as to the legality of the ! : proceedings, and tile City attorney stated the i i Council can proceed as long as there is a 415th~ : f vote of the Council. I I : Inquiry VJaS made as to whether the remaining i 57% of the property owners had registered a def- : i inite "no". The Engineering Department staked : I they had no information as to whether this was i i the case. I 1 t ! -i$hl~rTiKent submitted a rePort stating a I I * I 4 # e I I a I l a I I I I 8 I I * * , I , I , I I , , I I 8 I I I I I I I a I r I 1 I I I I I I I I I I I I * I I * I I I I I & I I . I I b I I * t I I I I * I I s I After further consideration Cmn. jardine and i ?layor Meiswender withdrew their motion, and it I i was agreed that the petition be returned to the : : petition bearer and a report made back to the i i Council as to what percentage of property owners I ; registered a definite "no". I I I I i Sam !.?iller. A request for lot split is now I treated the same as a subdivision in resards to i ; street improvements. 3r. Miller, whose prcperty i i is located at the Northeast corner of "lagnolia : I : Ave. and Adlams Street, has chosen to enter into i a street improvement agreement prior to the I I I approval of the lot split It will be necessary 1. ! for the Councij to authorize execution CP the I I I agreement. I I 1 I I I 3 I I I I I I I I a I (b) Lot split street improvement agreement - i I I I 1 I $ I t l I I I I I t + I a I 1 I I I I 1 I ! I I b 8 I I I k I -4- '\ \, " 4 '. 8, ' I i Name '-, *$ 8 : of '3 ~""~""""""""""""""""""~"""-""""-"--"-""--------l-"-"-----*"-' i BY motion of the Council the Flayor was author- jhtkinson ! +zed to execute the improvement agreement on : Dunne ; behalf of the City of Carlshad. e : Jardi ne \ ', i Member .! I I I I ; Mei swende 0 I I I !Hughes s I I s I I NEW BUSINESS: I I I ' 1 I ! (a) Acceptance of easements for electrical 1 i and communication service to sewage pumping ; station - Fox Ciculla and Winters. The Council i i was informed these easements are needed in con- : i nection with the sewage pumping station. It will : be ncessary for the Council to accept the ease- ; : ments and order the same recorded. i By motion of the Council the easements from :Atki nson : Fox, Cicu'f'fa and &inters for electrical and com-:Dime i munication sereice purposes were accepted and :%eiswende : the City Clerk was instructed to record the samei3ardine e 1 I I 8' I I I I I I b I Hughes I (b) Proposed ordinance amending Grdinance i : No. 9050, regarding required street trees in 8 I i subdivisions. The Council ~as presented with i t a proposed ordinance regarding required street ! ; trees in subdivisions. This ordinance is the i : recommendation of the Parks and Zecreation Con- : i mission. 8 i The following ordinance was presented for a first i reading : i Ordinance No. 9174. AH QRDINANCE OF THE CITY {Atkinson : OF CARLSBAD Af.!Er3DII?.IG SUBSECTION 10 OF SECTION iDunne i 417 OF ORDINANCE I.10. 9050 REGARDING REQUIRED :Rei swende; : STREET TREES If4 SUBDIVISIONS was given a first !Jardine i reading by title only and further reading waivedlHughes I I I * t 1 I t I I I I I I I I I b I i 6 b I I I (c) Library Guilding. Cmn. Atkinson stated i : there has been a great deal of discussion in the: i past two years regarding the Library .Bui 1 ding. I : I The Library Building Committee has submitted a i I report to the Council, together with their recorn-; i mendation that the Council authorize a bond : election in the amount of $335,000 to finance ! i the construction of a Library, and that the elec; : tion be called at the earliest possible date. I I i Their recommendation includes building the cam- i : plete library at this time, and that it be I I I located immediately South of the present City i : Hall. : Cmn. Dunne stated this matter was turned over to: i DMJM in ~ugust of this year, and actually their I ; report agrees with the architect's planning. In: I reading over the Library Building Committee's i f (.@port they have some very val id arguments, and : : he is inclined to agree with the recommendation i i of the Building Committee. 8 I i !War Neiswender stated that as far as this i COtanCil is concerned they have never fcl t there I : was ;any other way to finance the cgnstructfon of I i the Library except through a bond issue. I I i Cmn. Jardine stated the City I."lan?ger is going to: : Sacramento to make application for supporting i i funds for the Library. I I I I I # I I I I t I I * 1 4 I * t I I I e 0 1 I I I I 1 1 I I I I I I I I I I I I s I I I ? I I 1 I I I * ! I ~"-""""""~"""""""-""""" i I i The City Manager informed i I+ thfs grant is approved : wi 11 apply poi- a grarrt in : ducted from the $385,0OfY. 0 I I -5- 1 I '\, '. '\ I '. '.. ' I ." I Name "t,'? : of ' ',c : Member *% ."""""~."~""~"~~"-~-""~~"-"----"--- I I the Council the City ; the amount of $149,0001 this amount can be de- i I I I I i After further discussion, by motion of the Councjl ; it was agreed that the Council accept the recom- ; i mendation of the Library Building Committee, andjAtkinson : that the City Attorney be instructed to prepare :Dunne i the necessary documents calling for a bond elec- ipjeiswendel : tion in the amount of $385,000 for the construc- :Jardine I tion of the Library. !Hughes 1 & I i OLD BUS1i:ESS:. ! I t 1 I I I t I I 1 1 I (a) Proposed policy regarding necessary t : street widths and street improvements, Cmn, i Dunne requested to have this matter exnlored b I 1 ! i more befdre any action is taken on the'rnatter. j i By common consent the matter !?!as deferred until : : a later date. t t I * I : 1 I I 1 1 I t (b) Proposed Business License Ordinance. I i Cmn. Atkinson stated that he and Cnn. Dunne had i i been appointed to make a recommendation to the i I Council on the business license ordinance. The i : Chamber of Commerce recommended that no change : I be made except in the first two brackets of the i : gross receipts. He and Cmn. Dunne felt that in : i raising the first two brackets the little busine4s I man would be carrying the load; therefore, they : : are proposing an amendmnt to the ordinance vhicf; I would increase all the fees under gross receipts i I and !!auld change the flat fee of $30.00 for pro- ! i fessional to 850.00. Also the ordinance provides! : for Automotive Drag Raceways to be placed under : I gross receipts. It is also their recommendation I i that this business license ordinance be given I ; further study with members of the Council and ! i the Chamber of Commerce. b 1 I HR. DON DUNHA!;I, asked if this would require an : : increase in personnel, and be was informed that I I it would not. Hr. Dunham further stated he did : : not believe that increasing the rates under gross! i receipts was the answer, as in his opinion the r : flat rate is not a fair and equitable solution. : : After further consideration, the following ordi- i I nance was presented: I t 1 I I I I 1 I I I * I 1 4 I 1 : Ordinance :io, 6036 AN ORDIb/P,NCE AWENDlNG SEC- ;Atkinson i =~-IoT.T-~~ AMD 65, AND REPEALING SECTIONS 28, 54 :Dunne I t i Hughes : AND 57 3F ORDIMANCE P!O. 6005, was adopted by i !lei swender i title only and further reading waived, : Jardine * t 8 8 I ?layor iieiswender appointed Councilmen Atkinson ! : and ilunne to work with a group from the Chamber i i of Commerce to make further study of the busi- : : ness license ordinance, and to make a report 1 i back to the Council by the first meeting in June: : 1965. I I I I i CITY ATTORNEY'S REPORT: I Claim for damages - Mrs. Evelyn Tye. A claim i ; for damages has been received from Trs. Evelyn : : Tye, 3920 Highland Drive, for repairs to her car: ! I 1 I I l a 0 I I .I t : resulting from street construction in front of . ! I I I I t t I I I I I 8, -. '\ I \' * t 4 4 -6- I \, '\ 8% I : of '.$ I : Member ~"~"""".~"""""""~"~~~""""""~"~""""""""~"~"""~~~"""""~~" i her house. The City Attorney informed the : Council a copy of this letter has been sent to : I the Sim J. Harris Company, and he recommended I : that the City Council deny the Claim and refer : i the claim to the City's insurance carrier. 1 I I ~y common consent the claim was denied and refer: i red to the City's insurance carrier. s- I I i Name +\,'*: I * 4 I I I s I 0 I I I 1 I I * t I i ~equest for use of well sites for recreation are& ; a letter dated Novei;lber 25, 1964, from the City ! i of Bceanside, stating the City of Oceanside is : i considering a trade of real property with the i i Fred C. Aproul Homes Corporation. If the tran- : ; saction is completed, this property has imposed I I upon it two well sites pursuant to an agreement : : entered into by the City of Carlsbad and various! ! property owners in the San Luis Rey Val ley area. : : It is anticipated that in the future this parcel i i together with other property would be used as an i : Oceanside City Park. The City of Oceanside t I I would appreciate action by the City of Carlsbad, I : preferably by a resolution, to the effect that : I the City of Oceanside could utilize these two i I well sites as part of its recreation park plan, : : including the improvement of the area by the I i planting of grass OP other ground cover. NO ! : permanent improvements would be installed or [ placed upon the well sites. i Hayor Neiswender requested this matter deferred : ! and he and Cmn. Dunne would study the matter. I I : kssignment of funds - tlydro Construction Company: I Hydro Construction Company has requested that i : the City consent to the assignment of monies due: ! them under contract for the interceptor line to : I National Union Fire Insurance Company. The staft : recommends that no action be taken until a study i : has been made. 4 ; City of Oceanside, The City Attorney bresented ; I I b 8 I I I I 1 I I I I I ! I I I I I t I I I I I 1 1 t I I I I I 4 I I I I I I I I I I I I I I CITY ;(?AMRGER'S REPCIRT: The City Manager inform- : ed the Council a written report had been sent to i such be separated into two categories, i.e., 4 I above ground level and below ground level ; as to I the below ground level encroachment requests, a : recommendation was made to grant authorization i to the Engineering Department to approve these : encroachments, as long as they are not detrin;enti a1 to the pub1 ic good, and that a. permit fze be : established at $5.00 per permit issued. I I each membero recommending that encroachments as i I i In regard to above ground level the applicant i ! must present the request to the Engineering De- i : partment, and a report presented to the City I I i Council for action. Said Pee for above ground i i encroachments to be $7.50 per application. I t i After considerable discussion by the Council it I I was agreed that the encroachments be handfed as i : I recommended. Howevero as to the establishment i : of a fee for each category, :?layor Fieiswender 8 i appointed Councilmen Jardine and Hughes to make i : a study of the matter and report back their rec- i i ommendation. 4 * I I I I 0 1 I I I I I I I 1 I 8 * 8 I I I I I I I t I 1 I I I I I I I ! \ -. =- I I '\ -\ -\ I I I I <. * I -7- x, ', ', I i Name '.,'4 I : of '\* ;""""""""""""""""""""""""""-"""""""""""l"""""""- i Member I . I I I I I I ! PAYMEMT bt" E?!tLS AND RATIFlCAfl3fl OF PAYBOLL: ! I 4 0 : Authorization was given for the payment of bills! i for the General Expenses of the City in the I : amount of $138,329.80 and for the klater ilepart- !Atkinson i ment in the amount of $10,102.92, for the periodinunne i November 77, 1964 to December 1, 1964, as certi- :Meiswendel i fied by the Acting Director of Finance and :Jardine : approved by the Auditing Committee. :Hughes i aetification of the payroll was given for the Xtkinson ; second half of November, 1964, in the amount of JDunne i $19,714.29, as certified by the Acting Director :I\Jeiswendel : of Finance and approved by the Auditing Commit- :Jardine i tee. yughes t I I 4 I I I L { ADJOURNi4ENT: I I I I 1 4 L r By proper motion the meeting was adjourned at i I 8:32 P.8. # ! 8 1 I * I I I I I I t 8 B I I i ?espectful ly subPni tted, I t I I I 'w7 I dp '2 4 I 4 I I &5 r/. ./" (P U"' 1 \ XARGA~ET E. ADAFS 1 * I # : 4 ! City Clerk I I I 8 * I 1 I 4 8 I I 1 I I I I I I I I I I I I I I I I I I I I I I I I 4 I I I I I I 1 I 4 I I I 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 I I I & I I I ! * * I I I 4 I 1 1 1 1 I 4 I 1 f I I I ; , 8 9 * f 4 * I 4 8 t : # I k 4 I s I # 1 I I I $ I I 1 I I * I I I I 4 8 I I I f I I P I I I F 4 8 1 I * 4 I I I I I I I I t I f I I I I I I I I I I I I I 0 I I I I I I I I I I I I b I I I I I I I 1 I I 1 I 4 I I I 1 !