HomeMy WebLinkAbout1964-06-16; City Council; Minutes* AVL&LLUI.CD UL; biiz LwulYtlL tnegular meetmgl i -\, ', .\,
i Time of Meeting: 7: 00 P. M. ; of y+" ; Place of Meeting: Council Chambers : Member 9 *
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* i Date of Meeting: June 16, 1964 i Name 'x,'*%
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I i BOLL CALL was answered by Councilmen Atkinson, i Guevara, Neiswender and Jardine. Cmn. Hughes was : present at 7: 06 P. M. Also present were City Manager i Marnaux, City Attorney Wilson and City Clerk Adarns.
i INVOCATION was offered by Rev. Zimmerman of the ; Gospel Tabernacle.
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I : ALLEGIANCE to the Flag was given.
: APPRGVAL OF MINUTES: !
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I 8 I t I 6 I I I I I I I I I i I I I I i (a) Minutes of the Special Meeting of May 28, 1964, were: Atkinson : approved as corrected. I Cuevara I I
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i Cmn. Hughes was present at ?:06 P. M.
! : (b) Minutes of the regularly adjourned meeting of June 3, I Atkinson i 1964, were approved as corrected. : Guevara
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I I I I I I I I f i (a) Letter dated June 13, 1964, from Chester C. Ward, I ; Planning Commissioner, stating he was leaving Carlsbad i i and was therefore submitting his resignation from the I : Planning Commission to become effective immediately. ;
i Mayor Neiswender stated he was extremely sorry to see i i Mr. Ward leave. iie visited with Mr. Ward last weekend i i and thanked him for the- five years service he had given to; : the City of Carlsbad.
; (b) Letter dated June 11, 1964, from the Library Board i I of Trustees, stating they were aware that Dr. George : : Merkle's term on the Library Board of Trustees will I expire June 30, 1964, and Dr. Merkle has indicated he i : does not choose to be reappointed. After giving the issue i i careful thought and consideration, the Board unanimously : : recommended the appointment of Mr. Jack Kubota to the I i Library Board of Trustees. *
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i The Mayor requested this matter be held in abeyance.
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I I I I I I I ! i O&AL CCMMUNICATICNS:
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I t I I i MR. DON DUNUM, President of the Carlsbad Chamber i : of Commerce, stated the Chamber of Commerce would i i like to reserve the use of Holiday Park on July 4, 1964, i : for the annual picnic. They are in hopes of having the ;
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! By common consent of the Council it was agreed that : iioliday Park be reserved for the Cnamber of Commerce* $ i annual picnic on July 4, 1964. I I i MA. GEOftCE LEHMANN, President of Bella Vista Ente2- ; prises, stated they have proposed an enterprise for the i I City of Carlsbad, which must be brought to the Council's : : attention at this time. This is a proposed resort center : i in the south part of Carlsbad. A contract to purchase was! : entered into with Mr. Barton to purchase this property i I and they must exercise their option by July 1, 1964. I I
i Mr. Lehmann introduced members of the Eella Vista : Enterprises, and stated they would like to have an indica- i I tion from the Council as to granting permission for a
: Marine Corps Band return to play this year, I
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I ! * I cardroom license for their proposed resort. Mr. Leh- I i mann requested permission to introduce exhibits of the : : proposed building. 8 I
: Mayor Neiswender requested this matter deferred until : I the rest of the items had been taken care of by the Councii.
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I I I I I t I (a) Cffer of street dedication for a portion of Ocean St. : : bv Kamar Construction Co. A Grant Deed has been re- ! Y i ceived from Kamar Construction Co. for the widening of i I Ccean Street, and it will be necessary for the Council to ;
i accept this deed. !
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I I : Cmn. Atkinson asked if the other property owners on I i Ocean Street would be requested to dedicate property. I I I He did not object to the dedication, however, he did not i I feel the dedication should all come from one side of the ; ; street.
: The City Engineer informed the Council they have pro- i i vided for a 2' dedication on the south side of the street. :
i After further consideration, by motion of the Council the i Atkinson
t deed was accepted and the City Clerk instructed to record! Guevara i the same. : Neiswende
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! I i (b) Report on bids for Agua Hedionda Lagoon trunk sewe; : s stern, The City Engineer presented a recapitulation of!
I+ : the ids received, and informed the Council there were ; i five bids received.
i Zydro Construction Co., Santa Fe Springs, California, ; ; were the low bidders on Schedules A, C and D in the I i amount of $185 J 531.79. Pascal 6r Ludwig, Inc. , Upland, ! ; California, were the low bidder for Schedule B, in the i i amount of $89,000.00. I I
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I ? i The total project with alternates would amount to : $276,231.79.
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1 I * I 1 Mr. Miayne Lill, Consulting E.ngineer for the project, i stated he felt the city received five good bids, and he ! : would recommend acceptance of the two low bids, con- : i tingent upon the approval of the Public Health and %elfar< : Department. l e
f By motion of the Council it was agreed that the bids of !I Atkinson : Hydro Construction Co. and Pascal 8i Ludwig, Inc., as : Guevara I recommended by the City Engineer and the Consulting i Neiswendc : Engineer, be accepted, contingent upon the approval of : Jardine I the Public Health and Welfare Department. i Hughes
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! l a I : (c) Report on request for street vacation - portion of L ! Grand Ave. . (R. L. Watson). This matter was deferred : i from the meeting of June 3J- 1964, which concerns a re- ! . i quest by 13. L. Gatson for vacation of a portion of the : I south side of Grand Ave. from Harding St. easterly to the! ; alley.
i Mr. Viatson was present and informed the Council they i I have previously accommodated the city with street widen-: ; ings and street vacations and have participated in these i i right of way changes. It appears that Grand Avenue from; ; the downtown area to &pe Street' is a I OV right of way. i
! The zoning on Grand Ave. from garding St. up to the alley i is presently 8-P, which would require off-street parking.: : Mr. fiatson stated in their opinion the highest and best i
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I I I I use of the land would be to vacate a portion of the street, i I as the city would recover monies back in taxes. Due to i : the fact darding Street is under construction at this time I i they felt this was the proper time to make their request. i 0 I I I I i ;Zn the City Engineer's written report he stated Grand i
i lying between Harding Street and the alley easterly is ! ; presently zoned 3-P. However, commercial zoning lies i i within 1/ 2 block to the west and to the south. W ith the : i completion cf improvements on Harding Street and com- i i pletion of more commercial development on Grand Avenue: ; to the west, it is probable that the commercial zone will i
i Because of its value as a wide street in a potential corn- i : mercial area and connection to Hope Street, Grand Avenu4 i easterly, and the alley through to Elm Avenue, it is the :
; Engineering Departmentls belief that the city should not i i vacate any portion of Grand Avenue which would reduce i ; its dedicated width. *
! After further discussion, by motion of the Council it was i Atkinson i agreed that the Council uphold the recommendation of the i Guevara ; City Engineer and deny the request. ; Neiswende:
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; Avenue from the existing commercial downtown area i easterly to Elope Street is 100 feet in width. The properti
i move easterly toward Highway 101 Freeway. I 4 I I 8 I
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: PLAPaNme:
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I I I. * I I I 1. i (a) Tentative Map of Magnolia Glen Subdivision. Subdivi-i : der: MERJ - a ioint venture. A tentative max, of the mo-: i posed subdivisign was presented for the Council's review.; *- ~ a~~- I
I I i The Council was informed this was a seven lot subdivisio6 ; A report was made by the City Engineer, stating there did: i not appear to be any unusual problems in connection with : : this subdivision.
I hesolution No. 364 of the Planning Commission recom- i I mended approval of the subdivision, subject to certain : ; conditions and restrictions.
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I I f I I f After discussion by the Council, the following resolution i i was presented: I 8 I I I
G I I iZesolution No. 1043, A SESOLUTION OF TE-IE CITY : Atkinson
i CGUNCIL OF THE CITY OF CAiiLSBAD APPrZOVING i Guevara i TENTATIVE MAP OF MAGNOLLA GLEN SUBDIVISIGN i Neiswende i was adopted by title only and further reading waived. : Jardine
! Underground utilities €or subdivisions. Mayor Meiswendert i recommended that the Planning Commission make a study:
I and report with regard to the subdivision ordinance, whicq i would require all subdivisions to have underground utili- ; ; ties. Se asked that the staff work with the Planning Com-i i mission and that a report be made back to the Council : ; within 60 days. t 8
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I t 8 , i Location of tennis courts. The Mayor stated he would lik$ ! to see the city have two tennis courts, preferrabiy in the ; i area of the Scout Center. He would like to have a report i I from the staff by the first meeting in July.
! Cmn. Jardine suggested this be referred to the Parks and: : fiecreation Commission. They would receive this reques4 i at their meeting of June 22, 1964.
: Ingress and egress of Poinsettia Plaza. Cmn. Atkinson :
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i asked that the Traffic Safety Committee make a study of : : the ingress and egress of Poinsettia Plaza. I I
I The City Manager informed the Council a study is being i
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i Mayor Neiswender inquired as to the progress being mad4 : in clearing the intersection of Harrison Street and Chin: ;
i : The City Manager informed the Council the city has stake? 1 the corner and we are now in the process of advising the : : property owners.
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I I : an ATTC~EY~S AWEPORT:
8 ! City of Oceanside, City of Carlsbad and Vista Sanitation I I District vs. Hayes: Last Friday it was heard that the : : attorney for Hayes was bringing a motion on the following! I Monday to declare our easement abandoned for non-pay- ;
f ment of the stipulated judgment, The City .Attorney
; appeared on Monday and was able to have the matter con-: : timed, without having the abandonment declared, until i i June 22, 1964, I I
i Bauer Lumber Company. Bauer Lumber Company was t : contacted and they have agreed to clean up the area aroung i the tracks. The gypsum board is what is causing the : i debris. The company informed the City Attorney they i ; are planning to fence the area. 6 t
; Sewer plant site. This matter is proceeding adequately. I
i CITY MANAGER'S REPORT: i Adjourned meeting of Planning Commission. The Planniik i Commission has requested an adjourned meeting to be ; : open to the public, in order that the Planning Consultants i i can present their findings so far, and would like to have ;
! a place large enough to accommodate the general public. I I The City Manager recommended that he be authorized to :
I make provisions for the meeting at a suitable location. i
: By common consent of the Council the City Manager was i I authorized to make arrangements for a meeting place : ! suitable for the Commission's meeting on July 9, 1964. i
: Easement from Paul and Magdalena Ecke for sewer pur- i i poses. The City is in receipt of an easement from Paul t t and Magdalena Ecke to the Vista Sanitation District and i i the City of Carlsbad in connection with the joint sewer ; : project. The City Manager recommended that the ease- i i ment be accepted. I I
i By motion of the Council the easement from Paul and t Atkinson : Magdalena Ecke to the Vista Sanitation District and the i Guevara i City of Carlsbad was accepted. : Neiswende
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I I i Voting Machines. Mr. Mamaux stated he would like to i : commend Mr. Dick Osborn for his work on the voting ; i machines, as he had spent many hours on the installation I : of these machines. * I
i Committee for restoration of Santa Fe Depot. The Corn- i : mittee for the restoration of the depot would like the I : sanction of the present Council of their activities. At i i the present time there are three members on the commit! : tee, namely, Dick ;%he, i2alph Palmer and Chris Christ-: i ensen. Former Cmn. Bierce was also a member of the I
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I The Mayor stated he had called Mr. Christensen and re- i i assured the committee of the Councilts sanction of their i
f efforts and activities. It was his feeling that three mem-;
I bers were sufficient for the committee, 1 t i Policy letter to CMWD - re: sewer line €or Agua Hediondb
1 hen drafted to the CMW-D, and a copy was senti : to each member of the Council for their review, setting ; I forth the city's policy as to use of the sewer line up the i I Agua Hedionda and the sewer line to be constructed by ; i Buena Colorado.
; By motion of the Council it was agreed that the policy as I Atkinson i stated in the letter be adopted as a policy of the City of : Guevara : Carlsbad for sewer service. i Neiswende:
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t I * I t I Request for cardroom license continued: The Mayor i informed Mr. Lehmann the Council would now continue : : with the discussion on his request. 4 I
i Mr. Lehmann presented blueprints and a rendering of the! l proposed building for the Council*s review. Be advised ; i the Council this problem primarily arises at this time : i because of the terms of the purchase of the property. Th; : closing date for the escrow is July 1 , 1964. The propert$ : is located close to the Batiquitas Lagoon. They chose ; I this location due to the fact the closest subdivision is the i
I Terramar area, They are proposing a resort facility, i
; which will include a supper Club - restaurant and cocktail! i lounge with entertainment, and coffee shop and cardroom.:
i Currently there are several cardroom facilities in the i : North County, including approximately 40 in the City of i i San Diego, They wish to promote a complete resort : facility, not just another cardroom. Many people do not i i look favorably upon cardrooms. This is the reason they : ; have proposed this development to the South. They are I I purchasing 225' on Ponto Drive, and the proposed devel- :
i opment would cover 1.8 of an acre. I *
I Cmn. Hughes asked why this should come before the i Council at this time, and Mr. Lehmann stated the properi : ty is owned by Howard Barton of San Diego. It was I I i through their request that Mr. Barton petitioned to annex I : this area to the City of Carlsbad. The escrow agreement: i has a closing date of July 1, 1964.
I Cmn. Atkinson asked what they were asking for tonight? .i
: Mr. Lehrnann stated they are asking the City Council to i i approve their request for a cardroom license, conditional: : upon the annexation. If they do not have an indication i i from the Council as to their approval, they will not be I ; able to close the escrow. 8 I
; Cmn. Atkinson inquired as to the zoning in that area?
: The City Attorney answered stating the property would i ! have to come into the city as R-1 zoning, and then the : : property owner would have to request a reclassification. i
: Cmn. Hughes stated if the property surrounding this t i property is already built up commercially, he could see : I no reason why this property would not be zoned for corn- i I mercial use. !
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! t i Cmn. Hughes asked why they felt the cardroom is neces- i ; sary to the establishment? 1 I
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I ML UAunann advised the Council they felt the establish- i 1 ment would cater to vacationers and tourists. They would; i not be in an area that is built up. It would be necessary i i to cultivate and develop a trade. Due to the cost of the -a I I construction they have to consider what they can offer and! ! attract tourists. Despite the Feelings of many individuals 1 I there are many who enjoy playing cards. The cardroom : ; will make the business economically feasible, If this i i escrow is not closed by July 1, 1964, then Mr. Barton : : does not have to sell and this would mean renegotiating. i
; Cmn. Atkinson questioned this type of recreation across I : from a State Park. Mr. Lehmann advised they did not : i intend to have any large signs advertising the cardroom. I i Also no one under 21 years of age would be allowed in the : ; establishment. I
! Cmn. Hughes asked if the annexation is approved and they! i are granted approval by the Council, when did they intend I i to cornmence construction? I I
: Mr. Lehmann informed the Council they intended to start i
: cost approximately $180,000 to $200,000. I 1
: Cmn. Hughes asked if they would be willing to make the i i architectural design a condition of the issuance of the I i license, and Mr. Lehmann stated they would. I I
i Mayor Neiswender presented a letter from Mr. rZon : Broward, requesting permission to address the Council i I in regards to allowing a second cardroom. i I
i MR. RGN BROWAAD, 2044 Linda Lane, posed a few : questions for the Council, i, e. Is this necessary evil I I really necessary? Is the proposed new cardroom in the : : best interests of the majority of Carlsbad residents? Are! I the people who propose to own and operate the new card- ; : room local people, if not, why did they choose Carlsbad? : i WouJ d the Council be willing to put the matter of a second!
I cardroom to a public vote? Nould the Council be willing ! i to observe operations on the Gardena strip? Will it be ; : local people that will support a new cardroom? ProponentF i say the new casino will bring in tourists to the city. Are : : gamblers the type of tourist we want? In closing Mr. I i Broward stated we worry about combining our elementary! i schools with Oceanside, but do we worry about what type i
; of environment we want cur children brought up in? He : : asked that a councilman propose an ordinance that would i i prohibit any further gambling facilities in Carlsbad.
i MR. RICHARD GEYEI~, 155 Elm Avenue, addressed the : : Council and stated he had been listening to the proposed i i development for South Carlsbad. DMJM feels the area i i to the South is the gold pct of Carlsbad; with the new I I : sewers coming in this will bring a new birth to Carlsbad. i i It was his feeling that it was incumbent upon the Council ; : to nip this type of development in the bud.
! ! : MRS. MLPH PALMER stated she has three daughters i I and one son. They lived many years in Hollywood. She ; ; did not feel that a cardroom a few miles down the freeway! i would be an asset to Carlsbad. All the Councilmen are ; : fathers and should not subject their children to this type i i of environment. They can settle in Encinitas. I I
! Mr. Lehmann stated when he first addressed the Council i
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i construction as soon as possible, The first phase would i
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4 ! i he informed than 'shere wsuld be some people that would \ t be opposed to a cardroom due to religion and principles. : : ile asked if the area to the South where they propose to : I build is intended to be residential? There are warehouseb ; and other commercial buildings there now. Oceanside ha$ i two cardrooms, and San Diego has forty. He has not ; heard anyone say that San Diego is a terrible place to i i live and bring up children. No one under 21 years of i I age will be allowed in the premises. The only reason the! i motel is not being built at this time is due to the fact : there is no access to the beach.
I Cmn. Guevara stated it is his understanding that accord- i i ing to the present ordinance this man can put a cardroom I
i in the City of Carlsbad. If we do not want cardrooms i i then we should revoke the ordinance and outlaw cardroom5;
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i By motion of the Council Chapter 7 of the City Code, re- i Atkinson I lating to cardrooms was revoked. ! Guevara
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I I I I Cmn. Jardine inquired as to what would happen to the : ; present cardroom if this chapter is revoked?
I The City Attorney advised the Council. they would have to i i be given a certain period of time to close their business. :
! By motion of the Council the City Attorney was instructed: Atkinson : to prepare an ordinance to outlaw cardrooms in the City i Guevara i of Carlsbad. : IS eisw ende
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I : Hughes I 8esignation of Cmn. Guevara. Cmn. Guevara read a 8 I i statement wherein he stated it was with deepest regret I
! that he has found it necessary to resign his office as City : i Councilman, due to business reasons which will make it i : necessary for him to be out of the city quite frequently. ; I He thanked all the people who indicated their confidence i ; in him by re-electing him for a second term of office. Hq i thanked the members of the radio and press for their i : cooperation the last four years. Cmn. Guevara request- ; I ed his resignation to become effective as of this meeting. i
i Cmn. Jardine stated he was sorry to see this happen and i : felt Mr. Guevara had been an asset to the community the ; i last four years.
i Mayor Neiswender stated he was shocked and words faileq
! him. We certainly appreciated all the cooperation that ; i Mr. Guevara had given him over the past four years.
I PAYMENT GF BILLS AND RATIFICATION OF PAYROGL:
i Authorization of the bills was given for the general ex- ; !
i penses of the city in the amount of $47,809.81 and for the I Atkinson ; Water Department in the amount of $4,120.51, for the I Guevara i period June 3, 1964 to June 16, 1964, as certified by the : Neiswende ; Acting Director of Finance and approved by the Auditing t Jardine i Committee. I Hughes
i aatification of the payroll was given for the first half of i Atkinson : June, 1964, in the amount of $17,039.09, as certified by ; Guevara \ the Acting Director of Finance and approved by the Audit-: Neiswende : ing Committee. ; Jardine
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ADJGURNMENT:
By proper motion the meeting
Respectfully submitted,
'747+/Gh L. x- MARGARET E, ADAMS City Cjferk
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