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HomeMy WebLinkAbout1964-07-07; City Council; Minutes(Minutes of: CITY COUNCIL (Regular meeting1 ', \\ '. i Name '*,'?! :Time of Meeting: 7:OO P.M. ; of *,.s;" -8 \\ ' -7 !Date of Meeting: July 7, 1964 '\ * '. !Place ;"""""~""~""~"""""~""~~""~"~"""""""--"------"--~--------------- of Meeting; Council Chambers : Member tg - . ;ROLL CALL was answered by Councilmen Neiswender, i :Jardine and Hughes, Councilman Atkinson absent. ! :Also present were City Manager Mamaux, City Attor4 :ney Wilson and City Clerk Adams. !INVOCATION was offered by Mayor Neiswender, 4 I 1 0 f 1 I I I I I I I * I jALLEGXINGE to the Fhg was given I I I !APPROVAL OF B;LIESIA?ES: I . * t I I 4 I i(a) Minutes of the regular meeting of June 16, 1964, :were approved as presented, iNeiswender I f I f i3 ard ine I :Hughes I t ISELECXION OF NEW COUNCILMAN : I I * * * t 1 ;By motion of the Council it was agreed that the iNeiswender !Council hold an executive session, :Jardine :The Council adjourned to the City Manager )s off ic4 :for an executive session at 7:05 P.M, I :The Council reconvened at 7:25 P.M, :The Mayor announced that the Council with a 3 to a! !vote authorized him to appoint Col. David M, Dunnd :to the Council to fill the unexpired term of 1 iWilliam G. Guevara. Mayor Neiswender pointed out i :that Col, Dunne was the first on the list of 4 :Councilman Atkinson, 1 :The City Manager was requested to contact Col, 1Dunne to see if he could be present at this meet- : ling, I I I CORRESPONDENCE : I 1 I :Hughes I I I I I I & I 1 I I i ! I $ I I I I I f I I f * I I I I I !Parks and Recreation Commission - re: Cit owned A let~~~~~r~v~~ from the-; ; " ecreation Commission, requesting that the city : :owned property (formerly the dump site) be desig- i :nated for a park and pistol range. & f 6 I I I hayor Neiswender requested this matter referred td jthe staff and a report made back to the Council a~ :the next meeting. t I I I IORAL, COMMUNICATIONS: I :There were no oral communications. t I PUBLIC HEARING: . * a * I I I I I t t I I I b i (a) Request for chanqe of zone on property locat& Ion the northerly side of Cedar Street, between I :carlsbad Blvd. and Washinqton Street, from Zone R$3 :to Zone C-2, Applicant: Mary E, Younq and Laura i I , s Bower. I s I * i * :The Clerk certified as to proper notice having bein I given. I :The Clerk stated that no written communications hdd L I I I t 0 ibeen received on this matter. jResolution NO. 361 of the Planning Commission was! I I I I I I . :presented, wherein they recommended this change : jof zone be granted. I t I I I 4 ! 1 L ! I 1 I *I I I I I I -2- I \\ -\ ', -* I I *" I '.* '8, '*, i Name '-,'4 : of 'g t : Member ': :""""""""-"""""""""""""""""""""""""""""~"""""""- :The Mayor Announced the Council would hear from tqe japplicant or representative, 1 hRS. EM" SALSEN, stated she represented the owneis :and the new purchaser. A drawing of the proposed : :building was presentedl and Mrs, Safsen stated th4 :building will be in keeping with the Christensen .f jbuilding design. Only a portion of the property : :will need to be rezoned, I :The Mayor asked if there were any persons desirind !to speak in opposition to the proposed zone chang?. I I I I 0 f I I I I I I :As there were no persons present desiring to speaG, :the Mayor declared the hearing closed at 7:39 P.M4 !The City Planner presented a plat of the area, jshowing the commercial zoning surrounding this arGa. :After further consideration the following resolu- ! :tion was presented: I I I s I I I I I I I I t b 1 iResolution No. 1045, A RESOLUTION OF THE CITY !COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDIN& I I I iAND DECISION REGARDING CHANGE OF ZONE CLASSIFICA i iTION OF CERTAIN DESIGNATED PROPERTY IN THE CITY DeNeiswendel :CARLSBAD FROM ZONE R-3 TO ZONE C-2, was adopted b3Jardine jtitle only and further reading waived. !Hughes ;The following ordinance was presented far a first i :reading: I :Ordinance No. 9169. AI ORDINANCE OF THE CITY OF i jCARLSBAD AMENDING ORDINANCE NO. 9060, CHANGING I :CERTAIN DESIGNATED PROPERTY FROM ZONE R-3 TO ZONE iNeiswende3 1C-2, was given a first reading by title only and :Jardine :further reading waived. :Hughes I I i t I I I f f ! I I :PLANNING: I I I I I I :(a) Appointment to Planninq Commission. The Mayor ! :announced with the consent of the Council he would !like to appoint Dr. Roy H, Palmateer to the Plan-! jning Commission to fill the unexpired term of 1 I ;Chester Ward. ;LIBRARY: I I I I I 8 t I I t I I i (a) Appointment to Library Board of Trustees, Wit$ !the consent of the Council this matter was defer-; :red until the next regular meeting, I !NEW BUSINESS: 0 I I f I I I I I I !(a) Resolution No, 1044, authorizinq Dept, of ' : !Health of San Dieqo County to enforce ordinance ; :No. 5036, reqardinq doq control and food hand$-{ :The City Attorney advised the Council the City : :Council recently adopted Ordinance No, 5036, how-: !ever, the Department of Public Health in San DiegG tenforce OUT health ordinances and have request6d' i ithat the Council authorize them to enf-brce this ; I ordinance for the City of Carlsbad. :The following resolution was presented: & I I 4 I i 1 I I ! I I :Resolution No, 1044, A RESOLUTION OF THE CITY !COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE : : DEPARTMENT OF PUBLIC HEALTH OF THE COUNTY OF SAN INeiswende ~DIEGO TO ENFORCE ORDINANCE NO, 5036 REGARDING DOG:Jardine :CONTROL AND FOOD HANDLING, was adopted by title pughes 1 I I I I I I I I I I I I 1 1 I I I I ! I * 4 I 4 I 1 I - 3- I '\ '\ '\ t I Name '.,'4 1 : of '3 I"" "~"""""""""""""""""""""""-"-""""-""""~-"-"-----"-- -*, -\ '\ - ." t : Member '' ; only and further reading waived, I I I . I I I (b) Path of Alleqiance - Col, David M, Dunne. Coli i David M, Dunne was present and the City Clerk ad-: I miniekered Cke O&h d Allegiance, I a&,r wA:ch I : i time Councilman Dunne took his place at the Councjil ; Table a I : 4 I I I i (c) Proposed Hotel and Motel Tax. The City Manageb i informed the Council each member had received a : : copy of the proposed ordinance sent out by the : i League of California cities, with the exception ok : Councilman Dunne , 8 i By motion of the Council it was agreed that an iDunne i ordinance be adopted for the City of Carlsbad im-:Neiswende : posing a tax for transient occupancy of hotels, i Jardine I motels, etc, :Hughes i Cmn. Jardine stated this hotel and motel tax has ! :been an item of discussion throughout the State i jand in the southland there has been some under- : : standable criticism of the tax by members of the ! i Hotel and Motel Association. He did not feel that: : anyone would leave a motel due to the tax being i i imposed, Cmn, Jardine suggested that if this or-; I dinance is adopted that such funds be specificalli jearmarked for the Parks and Recreation capital ac+ :quisitions, and if a capital acquisition program i i is not feasible, that a part time recreation man-: ; ager be employed for the Parks and Recreation. I I i Cmn. Dunne asked what this tax would kaise, and i I the City Manager informed the Council it would : !raise approximately $3,000.00 per year. I I !The City Manager advised the City Council that i :Governor Brown has indicated if the cities did not :adopt such an ordinance imposing this tax that the :State would take over and collect the tax. I t ! i After further discussion the following ordinance : ! ; was presented for a first reading. ! I I I * I I I + I 1 I I 4 b I t I t I i Ordinance NO. 1087, AN ORDINANCE OF THE CITY OF i ! CARLSBAD IMPOSING A TAX UPON THE PRIVILEGE OF I Dunne !TRANSIENT OCCWANCY AND PROVIDING FOR THE COL- : Neiswende I LECXION THEREOF, was given a first reading by i Jardine : title only and further reading waived. : Hughes i (d) Resolution No. 1046, authorizinq purchase of i i Patske property for the &€ension of Las Flores * :Drive. The City Attorney informed the Council in! !regards to the purchase of the Patske property for : the extension of Las Flores Drive, it will be ne-' I cessary for the Council to accept the conveyance i : and direct the City Clerk to record the deed. f I I I I I I I I I ; The following resolution was presented: ! !Resolution No,' 1046, A RESOLUTION OF THE CITY OF : I COUNCIL OF THE CITY OF CARLSBAD ACCEPTING CONVEY-i Dunne i ANCE OF REAL PROPERTY AND AUTHORIZING AND DIRECT-: Neiswendc I I i ING CLERK TO RECORD DEED, was adopted by title 'i Jardine :only and further reading waived. : Hughes i (e) Resolution No. 1047. determininq that the :public interest and necessity demand t'he acquisi-i ition and construction of a certain municipal im- : ; provement ana maiclng rsnamgs reLatlve znereto, i !The Council was advised that this resolution was : ; brought to the Council at the request of the I * I I I * a I I l 1 I I * 1 I I 8 e I I I I I I I -: ! ;Library Bcerd of Trustees, This is for a bond issqe :"""""""""" ."."""""""""""""" "-""""""""""""""""" :for the construction of a library and facilities I !in the amount of $390,000. I I iCmn, Jardine inqu.ired of Cmn, Hughes as a member i :of the Library Building Committee if he felt he : !had adequate. time to consider this matter, I 6 ICmn, Hughes stated due to the absence of Cmn. At- i jkinson he did not feel he had had adequate time : :to pursue this matter and recommended that the : !matter be held over until the next regular meetin4 :of the Council. I ! I \- I ', \\ '\\ . -4- I ', '\ ', ; of *,a' I 1 ! Name \\,X 1 i Member -5 * I I I I 0 I I I . I t I k :By common consent it was agreed this matter be I jheld over until the next regular meeting. I I I t i (f) Resolution No. 1048, authorizinq the City Man- : aqer or Mayor to execute Part *'Brt of Offer and Ac? :Plant. This item involves a Federal Grant in the: : amount of $93,000 for the sewage treatment works ; :for the City of Carlsbad. Authorization i 5 need-! i ed for the City Manager of the Mayor to execute : :Part *IBtr of the Offer and Acceptance of the Grant; !! i 4 * :The following resolution was presented: :Resolution No. 1048. A RESOLUTION OF THE CITY i COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE i : CITY MANAGER OR THE MAYOR TO EXECUTE PART trB'r OF I !THE OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR e I i CARLSBAD,was adopted by title only and further i I t 8 I k I I I I I i SEWAGE TREATMENT VJORKS -WPC-CAL,-179-CITY OF I 6 ;reading waived, I 1 ! Dunne Neiswen Jardine Hughes ,de: !Water system study, Item #2 of the City Manager's: i report was reviewed, stating that in order to I :further develop and understand all of our existinb i facilities and future physical needs it is imper-: : ative that a detailed, comprehensive engineering : i study be completed of all of our water facilities; :There are many questions regarding water entitle-: : ment, use of wells, use of San Luis Rey water, I i water quality and a myriad of items that should : ; be stuided in detail. The City Manager requested! i that he and the City Engineer be given authority i i to develop the scope of work needed for such a I : study, and further that they be authorized to I interview engineering firms to determine the costi ; of such a study. They propose to bring back a I I recommendation to the Council as to the engineer-; I comprehensive study are available in the Water i : Department Construction Bond Funds, i By motion of the Council authorization was given i i to the City Manager and City Engineer to develop ; : the scope of work needed for a comprehensive StudjrDunne i of the city's water system, that engineering firmFNeiswende : be interviewed as to the cost of such study, and : Jardine I that a recommendation be made back to the Counci1)Hughes ! Acquisition of Droper .facilities for Water Depart; i ment, The City Manager reported that i.t was necesC ; sary that proper faciltties and land be acquired i i to properly house and store all physical equip- : i ment and materials stored by the Water Department; { As a result of the sale of the Elm Ave, roperty : ; funds are available to acquire additions! land i I and buildings, The staff has determined that * I I ; firm and the cost of the study, Funds for such at I t I 8 t I $ I # 0 i property fronting on Tyler Street and adjacent to: I # t I I I I 1 I I I I I I s ! I .I I t ', .\ ' t 1 -5 - '\ 't,'',, I I i Na me "*, '-$ I ; of %,s' + ;the existing city property would answer the tityl b ~""""""""""""""~""""""""~""""~"""""--""-"-~"-----"---"- * : Member - :needs, The City Manages recommended that he, the! :City Attorney and the City Engineer be given authi. i ority to negotiate €or the purchase of land and : :buildings to be acquired under threat of condemnat i tion, !.By motion of the Council authorization was given IDunne :for the City Manager, City Attorney and City Engi+Neiswende~ ; neer to negotiate for the property fronting on )Jardine ;Tyler Street to house the water facilities. :Hughes :Employment of Auditors for fiscal year 1964-65, I :The City Manager reported it is necessary to entet ;into an agreement with an accounting firm for the; !purpose of auditing the city's financial transac- i : tions. Therefore, he recommended that Eager and : :Carroll, Associates, be continued as the auditors: ifor the City of Carlsbad, as the fees to be paid ; !for this eervice is the same as for the fiscal : :year 1963-64, The City Manager further recommend4 ied that he be directed to execute the proper docuf :ment for this employment. !By motion of the Council it was agreed that the : :firm of Eager and Carroll, Associates, be employe4Dunne :to audit the city's financial transactions for thqNeiswende1 :fiscal year 1964-65, and the City Manager authori4dardine IChanqe in street tree desiqnation on Park Drive, i !?he Parks and Recreation Commission has requested: :that the street tree designation o.n Park Drive be; :changed from a single selection to alternate plan?- ling of Acacia Longifolia or A, saligna and Euca- : jlyptus f icif olia. I :By motion of. the Council it was agreed that the hnne :street tree designation for Park Drive be changed $leiswendel :as recommended by the Parks and Recreation Com- :Jardine irnission. !Hughes ICrnn. Jardine stated there is a study being made b$ ia committee from the Parks and Recreation Commis-: :sion of the entire list of street tree designatiorjs ifor the city, * :PROCLAMATION - Carlsbad Guild Players Week, With : ! ithe consent of the Council the Mayor proclaimed : Ithe week of July 13 to July 20, 1964, as $'Carlsbad :Guild Players Weekff, e I * I + I I I I I 1 1 * * i I led to execute the proper document. !Hughes I t I I 6 I I I I 1 s I 8 6 ! & * 0 !CITY ATTORNEY'S REPORT: e I * * I I I I I iEdward A, Wooschau, Inc, -re: Construction of ibuildinq located at 3206 Carlsbad Blvd, The City i :Attorney presented a letter received by the Build: jing Inspector, from Edward A, Wooschau, Inc,, sta3- :ing their intention of completing the two-story I jbuilding located at 3206 Carlsbad Blvd., in order : ;to use the ground floor as a single unit and the i jsecond floor to remain blocked off as attic space : :and not for occupancy. I :The City Attorney informed the Council no action i !was necessary on this item, however, the Building: !Inspector wanted this letter to be made a part of : :the records in the event any questions were raised :later. I :Oceanside, Carlsbad, Vista Sanitation District vs$ :Hayes. This condemnation suit came about several ! B t * t ? I * I I I ! :.. , ... . ._ .. 1 I I .. I I .. . I I i . . .,. t . * I .. -. . - .. .. . ... , .c I. . .% . .. ' _- . ~ .. - - . .. I I I I I 8. m I I '\ y1, - I -6- I ', 8 '\ I I i Name '.,'*% 1 ' of Y+' 4 ! + : years ago to acquire an easement for sewer pur- ; :""""~"""""""""""""""~"""""""""""""""-""~"""""""~ I poses through the Hayes property. Carlsbad's 7 .: ; share of the cost of acquisition is $572,50. Th$ : City Attorney informed the Council the right-of-: i way has been acquired and requested authorizatiob I for payment of the city's share, I 1 i By motion of the Council authorization was given: Dunne ; for the payment of $572.50 as Carlsbad's share i Neiswendt i df the acquisition. ! Jardine I 1 Member 1 a I I 1 . + 1 I r Hughes 1 i Option to renew lease of fire trucks. The City I ! Attorney informed the Council a resolution has : i been pripared, which according to the terms of : i the lease dated August 21, 1963, between the Citi : of Carlsbad and the Seagrave Corporation, the 1 i city would exercise its first option to renew thk : lease through June 30, 1965, I I I Cmn, Jardine asked the City Manager if he felt : i this was the most economically way to handle the! : payment of the fire trucks,! and the City Manager! I inf orrned the Council he felt it was for the com-: : ing year, Next year it would depend upon what i i additional equipment is needed. I I i The following resolution was presented: I I I I I 1 I I I I I I 4 I i Resolution No. 1049, A RESOLUTION OF THE CITY ! Dunne i COUNCIL OF THE CITY OF CARLSBAD EXERCISING FIRST: Neiswend i OPTION TO RENEW LEASE OF FIRE TRUCKS, was adopted Jardine : ! by title only and further reading waived. i Hughes I I I i Executive ses-sion, The City Attorney requested i i the Council to call an executive session to dis-: i C,USS possible litigation, a I I I ! i By motion of the Council it was agreed that an iDunne ; discussing possible litigation, i Jardine 1 executive session be called for the purpose of lNeiswende I I I I :Hughes ! I i i TheCouncil adjourned to another room adjoining i ; the Council Chambers at 8:20 P,M. i The meeting reconvened at 8:30 P,M. i Mayor Neiswender announced the Council discussed! i possible litigation, but no decision was reached: i CITY MANAGER'S REPORT: r Easement from the City of Carlsbad to Pacific ! : TeleD,hone and Teleclraph Company for p?. ole ; / f%%?cATelephone and Telegraph Company to grant; ; appurtenances to be located on Lot A, North Carl$- : bad subdivision, which is the reservoir site of : i the City of Carlsbad, This pole would be strict+ ; ly used for receiving mobile telephone signals ; i and would in no way interfere with the radio or : ; television reception in that area. I I i By motion of the Council authorization was giveniDunne i for the Mayor to execute the easement on behalf :Neiswende 8 I I I 0 I I 0 L I i I I I I I I I I I I I 1 request has been received from t e i aa easement for a pole and necessary wires and ; I I I a i of the Cit? of Carlsbad. I I : Jardine !Hughes 1 I 0 : Hemlock Avenue street improvement bids, Assess- i i ment District No, 1-1963, The Engineering Oepartp I I I I I 1 I 1 I I I I 1 I t I a 0 c I I I 'I, '\ ' I I , 1 '. ! -7- t ', ', ', I ; of ,s :"""""""""""""~~"""""""""""""""""""""""~"""""""- I ment reported that the bids received on the Hemi. r' ; lock job were 1% over the engin$ef*.s estimate, : i Tker@fme& a resolution has been prepared reject-! : ing all bids and calling for new bids. I :The following resolution was presented: I i Name '%,'*?r I I 1 ; Member \s q t 4 I I I 1 f I 4 I 8 i Resolution No. 1050,* A RESOLUTION OF THE CITY i i COUNCIL OF THE CITY OF CARLSBAD, REJECTING ALL i Dunne : BIDS AND CALLING FOR NEW BIDS, assessment DistricZNeiswende: i No. 1-1963 was adopted by. title only and further i Jardine : reading waived, ; Hughes 1 1 I Purch,ase ,of city owned propertx,Kamar Constructioh ! CO. has offered to purchase a small triangular ! t shaped parcel of land owned by the city, which : i was dedicated to the City by the State at the i :time the Freeway was completed. This parcel is : i located south of Tamarack Ave. and east of Adams,; :The City Manager recommended the property sold : : for $199.96, which is the amount of assessment i ! paid by the city, as the city has no use for the : ; property. :By motion of the Council authorization was given IDunne : for the sale of said parcel to Kamar Construction:Neiswende: i Co. in the amount of $199.96. i Jardine :PAYMENT OF BILLS -AND RATIFICATION OF PAYROLL: j 8 1 Authorization was given for the payment of bills i i€or the general expenses of the City in the amour+ : of $47,723.98 and for the Water Department in the:l)unne i amount of $146,646.32, as certified by the ActingiNeiswende: :director of Finance and approved by the Auditing :Jardine i Committee. i Hughes :second half of June, 1964, in the amount of jNeiswende~ !$17,658,11, as certified by the Acting Director ofJardine :Finance and apprived by the Auditing Committee. :Hughes I I I t 1 4 * * I I :Hughes I t I t I I * I I !Ratification of the payroll was given for the I i Dunne ! I : ADJOURNMENT : I I I I 6 I I :By proper motion the meeting was adjourned at I I I I I !8:36 P.M. I I I I I I I I I I 1 I I I I iRespectfully submitted, ! I I I I I I I I I I I I I * I t I 8 :hfiARGARET E, ADAM ' I I !City Clerk I I i I I I I I I 8 t I I I I I I I I I I I I I 1 I I I I 1 t t I I I I I I t k t + I I I I I I I 1 I I I I I I I I I I I f 8 ! I i I * I I I I I I t 4 I I I I I I 1 I 4 J