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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: ', '\ " ', , ;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 ::: 01 :Dunne, Neiswender and Jardine. Councilman Hughes i ;:I !present at 7:13 P.M. Also present were City I I 18; ::I :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 1 I I;1 I \, '.:\., '\\ '.\'\' 1 ',. '" ., '\ '*, '\ '\ %\-I 8 8, ? I I I I I I I I I 1 [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, I I I I - I I I I I I I CORRESPONDENCE : I I There was no written correspondence presented. I I I I I I I si $ :; I :; t :: I I: I i: :Atkinson ; : gunne : :x ?deis'wender i I :Jardine :x: I ;: I I :: I ;; I I I I I ii I I IS l e! I :ORAL COAMWICATIONS: I I :: 1 :I I 1: ?here were no oral communications, I I :; I :: 11 I I 1 I I i PUBLIC HEARINGS! ! "1 & ,-I. 4.L I ! 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dated :August 27,' 1964, had been received from Kamar Con; jstruction Co,, Inc., requesting that their appeal : :be withdrawn, as they are compiling additional i :facts and reasons for the support of their zone : :change.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 I I I 1 -" I I I I I I * I I I s I I I I I I I I I # I I I I * I I t I !Georgia L. Richards, was presented, stating they : 0: I I * I I 9 I 1 1; i: 1: I: :; :: :: ;I ;: 1: f: :; :: :I ;: ;: ': :I :; I: t1 ;: ;I I' ;: :: :; ;: ;: ;: ;: :: ;: ;: 1: :: :; :: :: :I :: ': :; :: i: 1: :' 1: :: ;; I, ;: ;: :; 8: :; :: I+ IS I' I' I I I I * : I I *- I ;: I e' * 1: I !e I * P 1 . ,.' , . \' *' t -2- * : '8. '%, '., ',,',,',, 1 ! 'k, './\ .\ ',',- I '. . '\ \- *. ' I : MA-hAc 'z -,.,.- 8 I I i Na me -8, '*%, 'h, 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: :: ' '. ' '..0\4 0 !Commission hearina there were several ntsnnle who ; there i 11 :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: :! ~~ ". "."" ~"=, I I I: Ireceived a signed letter from two adjoining pro- i :: 1 I t 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 :: 6 :1 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 9: :the time the Buy & Save Market was being consid- : :I iered the widening of the alley was suppose to "T" i ;: 1: :off to the north. If the alley is not required . : i: !as a condition of the rezoning it will never be { ' la ;: !put in, : I l1 ;: I 1: $he Mayor declared the public hearing closed at i :; :7:40 P.M. :: I :: I :; 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 1: I :: /A potiential alley running north and south through! :; %his area was also pointed out. :; I :I I I :: 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: I I :I ;: 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 :: I 8' 1 ;I by motion of the Council the matter was referred !Atkinson : ; ;; ;back to the Planning Commission for further study : hmne 8 :x 81 i: I I I 1 I I I I I L I I I 8 I I I I I I 1) I I t I land report back to the Council. ; Neiswender: ! I I I ; Jardine !x! I I i Hughes : : I I ;: !ENGINEERING: I 1: I :: : tJ- 5. :_. ' . $ :I :(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 :; :$21,OOo, A resolution has been prepared certify- 1 :; :: I s ,I I( a' I' 1. .. .. ! I I I I I' I ',,'\,'*\ ', '\ '. . ,,. ! I - 3- I I ' '.,'.,'I.. ' '\ i.,'.,'.," '* ', 'I I I ; of .%%& ' I : Member \,L\.O'\ .%'Q.$ $x I 8, '\ ', \ \ ' ', '.-3 I I i Na me \\, '+& \, 84 I ;The following resolution was presented: :"""""~""""""""""""""""""""""""""~"""""""""~"""""""- I ::; I ::; 0 !Resolution #1067. A RESOLUTION OF THE CITY I ;'I :'I 8;; I 11 I Ill I I I :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:: !!: ; DEVELOPMENT ACT AND DIRECTING THE CITY CLERK TO :Dunne ;I1 I : !: 11 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 ::; I I I ::; :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. ::: I I:: 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 I Sardine : 3( ; 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 4 ::; I I i:; :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 ~ -. *@I 111 I $ I 1 I I ." !Hughes ;t, ::I i ID &.!I * (11 811 I * 4 I 11 I I I :Jardine : : X !NEW BUSINESS: t I :Hughes I ;: It I I I 1 :: I 1; ! i! ;; :I I 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 ! : I 1 :; I I ;; I I :; I I i: I 1: I ;; 1 ;; I I I 6 I* la t I I I I i: I ;: I ;: ;: I I I I 1 I I 1 I I * I I I I I I 1 11 ! * !I I L , .. \ b. .. I I I i '\\ '\ -\ ,.- \8' I I ', '\ '8, \\"*\'\\ 1 ! I '- '\ '\ . \. ': I _A - I .\ '. s. '% *\ -8 I I I I I I I "t- j Name I, '\!$& 8, '2 'y+ 'e;., '8 ; of .cJ\o .;. : Mamhor \@@.$ \* " .""""". .. :""""""""""""""""""""""""""""""""""-""",""""". , . ."....,". 0 1 OLD BUSINESS: I I A ." ' - '_ I('a) Second readinq of Ordinance #3069, makinq un-: i odor or noise. I : 9 3 C+J :$ I I I 1 :lawfulthe keepinq of animals that cause offensive: 1 I I I 4 :Cmn. Dunne suggested that insects be included in i !this ordinance. 1 I I i:: ::: ::; 1;; I!! I;: !!! ;;I :*I la# Ill ;*I I:! I 4 .. 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 I 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! I I: -I 11 11 I I I I I I t I I I I :CARLSBAD AMENDING ORDINANCE NO. 9060, CHANGING :Dunne 8 I>( 11 t I I 1; :CITY ATTORNEY'S REPORT : ; ; Fi 2 ,a, t I I t :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 l I a a *- l1 1: :I ;: 1: I: :; :I ;I ;: 1; :: la t' #I 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 : ti :: t I I :Hughes I i x: I * 1: I I; I !; ICITY t s MANAGER 1 s REPORT z I I I 6. 0 I !The City Manager jwritten report. I I I I s I * * I I t I I I I I I I a I I reviewed several items of his I I I I I I I I I I I I I * I I I 1 I I I I I I 'i :a ;: :I ;: :: ;: ;: ;: ;: ;I ;: ;: l1 I! * I I '\\'\ t" I I I I I I I I \, '\, ',, '\,'\,'*, - 1 I I '\\,',\ y, . '\ \' " - I ', '8 \, '\ '\ 8- I I Name 8t.,$$&'8,' ',@X '\ 'e I (/. c-) jy- L.." ; of 0.2. I I*' i Member ',&'80', .$$@? .9" I I I -5- I I !"""""""""""""""""""""""""""""""""""""-~""""""""":"'~ 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 I I 81 I I I I ;/ 9 3 ;: I I I 1 I I i:; !!I !!! ;;; ii; ii; *I 1:; ::I I'~ ;:I ;:I 8: :; *I :: :; I: :: :! I I I I I :; 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 I I 1; !: 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 i I I I I I I I I I I s I 6 I I I I I I I I 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 : I I I I I I I I I I I :do. I I I I I 1 iCmn. Dunne stated due to the fact he would not be! :present I for the next Council meeting he would . t* . :withdraw his objection. ! I Ii i; ;: :: ;: f! !: :: ;: :; I! :i :: :; :: :: :: :; I: ;: i: I' I! Is ;: 4: :I 1: :I 1: ;I lo ;: ;: ;: ;: ;: :: :: :I :I ;: ;: ;: :I 'I 1: :I II It l1 :! !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 ;: ;: 11 I I I :Hughes i x; I I I I :Executive session. The City Attorney requested i I: ;: !that an executive session be called to discuss : ;: !possible litigation. I :; I I ;; I I !: I I !: I :: 1: I I I I I I I 1 I I I 11 I .I I I I I :i I ! r! I ;: I I I. ! I! ># 4 I I I I ; '\\ '\ -8' '\ '\\ .\, s \ ', '8, '\ '\ '8, ' i Na me '.,'$& '.,'? ' \' 8 1 ! ! 9 -6- '\, "\'\\ \\ *, ','. I I ; of '%%,,a< I """ ~ ......................... -"""---"""----~"--"-"""--~~~~~~ !By motion of the Council an executive session was: :;: ::: !Atkinson I I I i I iDunne r;; I Weiswender; ::: I I I I !Jardine : j, i I I 'Hughes :x: ; I :I1 :The Council adjourned to an adjoining room of the: ;:: ::I !Council Chambers at 8: 05 P.M. I ::; I I ::I :The meeting reconvened at 8:14 P.M. I i:; ::; jBy motion o'f the Council the City Attorney was inj.4tkinson :xi VI ; '\ 8 \ ', 'I ' I / : Member ''&%'I '11 1 I @ ;called, 8 I I I I I I 1 I ' I $1 11 I jstructed to proceed with litigations. :Dunne : kl I I I geiswender i 881 ; I I I pardine ; i ~ I :Hughes 11, I ::~ 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 I I I I I I I ;: t I I ?he City Manager pointed out that work was also i :being done on Valley Street. I I I a I I 'I :I 1: :; :I !: Cmn. Hughes suggested that striping also be done I ;I 1: inow before the fog starts. I I :I ! I I :i :PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I s I I I I I 1- ;: 1: !i !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 ;: I I I I Hughes 1' ! ; !x 0 I ~DJOURNMENT : I 1 $y proper motion the meeting was adjourned P .Ivl ! I 1 kespectfully submitted, I I I I I I & &E,@ &I MAR@&&T E, ADAK city Clerk- I I I I I I I I I 1 I I I I I 8 I I t I I ! 1 I I I I I I at I I I I 1 I 8: 14 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 1 s l e l 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 1 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 I I I s I 1 I I I I I I I I t I * I I I I I I I I I I I ! I I I I e 8 I I I I I I I I I I I I 1 I 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 1 1 I I t * I t I I I I I I I 1 I I I I I I 4 I I I