HomeMy WebLinkAbout1964-10-06; City Council; MinutesI *+ I
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;CITY OF CARLSBAD I '. '\\'., \\ '.'. i Minutes of: CITY CGUECIL (regular meeting) I '.' '\ '\ '\ ys,
:Date of Meeting: Cctober 6, 1964 '\ '\ ', '\ '\
i Time of Meeting: 7:GO P, M. ! of '..%?&. '<, ; Place o€ Meeting Council Chanzbers i Member *$f.c'o\d ',L\po\, 4
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1 ;:I 0 ! ROLL CALL was answered by Councilmen Atkinson, Jar- i ::; :dine and Neiswender. Cmn. Hughes was present at 7: 12 i ::;
[E M. Councilman Dunne absent. Also present were City ; :;I ;f ; Manager Mamaux, City Attorney Wilson and City Clerk 8 :; : Adams. ! i' I 4 ;;
: ;i j INVOCATION was offered by Councilman Atkinson. 1 1 't
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i ALLEGIANCE to the Flag was given.
I APPROVAL GF WUTES:
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1: :; :; ! (a) Minutes of the regular meeting of September 15, 1964, i Atkinson !x; '4
)were approved as presented. i Xeiswender i
I : Jardine i ;x
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I :; \Mayor Neiswender presented a letter addressed to him ! :: !from Richard Carpenter, Execute Director of the League ; :; !of California Cities, commending the Council on their ' 3i * 'I :action in adopting Ordinance No. 9173, relative to placing 4 . . :: I. :. :utility wires and conduits underground in new residential i :a at ; subdivisions. . * 1 8' 1:
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:(a) Carlsbad Business and Professional Women's Club - re& :Request for study of Patterson property for future LaPary; !site. Mayor Meiswender requested this letter forwarded : :me Building Committee of the Library Board of Trustee$.
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b I 1- !(b) Carlsbad Business' and Professional Women's Club - rei ;:
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;Committee for restoration of Depot. The Mayor stated . b '!
:there are presently three members of this committee and i ::
:a ihe could see no need for enlarging the committee. How - : ;:
:ever, he contacted Mr. Chris Christiansen, Chairman of i 18 ;:
ithe committee, and asked him to invite the Business and i ;:
:Professional Women's Club tr, assist in the restoration : is ;:
:program of the Depot., I ;:
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I :' i(c) €3. F. Parker - re: Request €or dance permit. The City i 8' I)
:Manager informed the Council this request €or a dance : ;:
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:permit is from the owners of "The Boomerang". This re- i ;:
!quest has been checked by the Chief of Police and he could : ;: ;: :find no objection to the granting of this request. Mr. Ma- i ;: #' Ihauxrecommended that the request be granted. I ;:
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!By motion of the Council permission was granted to H, F. 'Atkinson ; ;x :Parker to allow dancing at the Boomerang. 9eiswender : ;
I gardine :x :
I ! 'I I I; iCmn. Hughes was present at 7: 12 P, M. @ :;
I ;I 1 * I' i(d) Gilbert R. Ball - :re: Request for use of Trailer. Mr. i ;:
:Ball requested permission to leave a trailer parked on pro.: ;;
iperty located at 952 Elm Avenue for the purpose of inform$ ;: ;: :ing the public the meaning of Proposition 14 in the Novem- : !her election. The trailer is manned five days a week by i ;: ;:
!volunteer workers. * 4 ;:
kt was agreed that Mr. Ball be given a temporary permit td ' . r :: !park the trailer until November 4, 1964. t ;: * ;:
!ORAL COMMUMICA'TiONS: t ;:
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I :: 0 fThere were no oral communications. I :;
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I !I :PLANNING;
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1' :(a) Memorandum from Planning Commission - re: Applica; Ition for zone reclassification on property located on the : :easterly side of Roosevelt Street, North of Grand Ave, 8 8 I !IC A .-+-A C-~w+eie Z?;,-.hepAe) !
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$he Council was isifmned a public searing W~E h.efd in re- i
igards to an appeal of the decisi0.n of the Pla.n~..icg Comrnis-:
lsion in denying the request for reclac:slfli;~..,~:i.~r!. Tne hear-:
jk1.p was clxed. and the matter ::eferred hck 'io the Pkn~ $
:niag Cornaission for further study. I I
!A mernorzr,dum submitted by the Planning Commission [ jstating thac it was agreed that their action in denying the i Irequest was proper. They stated their reasons, and point: ied out the most important factor in their original decision, i :and cne which still causes them to reaffirm their position ; :is the fact that 'the engineering department recommends, i
:and good plaming dic%rltes, that there be rear access to : !commercial pro2erty by way of an alley. The alley shmld 1, :be 20' wide and run through the center of the block from : !Laguna to the alley behind Mayfair, or it might also be i !possible to have a usable alley that existed in the vicinity ;
!of Beech and i3oosevelt Streets. Elowever, either of these I tpossibilitiizs require consent of additional property ownersi !which we do not have at this time. To ailow additional "c ; :zoning to the north of Mayfair would constitute spt zoning.:
:Cmn. EIughes stated Mr. Stein has offered for dedication j ihis portion for an alley running East and West and. has im- i
:proved his share. The Zichard's have agreed to dedicate ! itheir share €or an alley running zast and west and ncrth . :
:and south, plus the necessary street width.
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I 1 :MRS. EMMA SALSEN stated she represented the Rich? ' f: iards, and they have agreed to dedicate 10' for an alley run: jning north and south, 10' for an aLley running east and west;
:and 8' on Roosevelt Street for additional street widch. t 1
kmn. Jardine pointed out that if all the property owners i !in the block were willing to dedicate the necessary width i :for an alley runnin north and south this would be fine. :if there could be a TI' shaped alley, with a minimum + : :length, this could be the solution. I 1
hfter further discussion by t-he Council, Mayor NeiswendeG
:suggested that this matter be deferred until the next meet- : ling, in order thpA tk property owners in this block could b[ jse contacted. to see if they would 'we willing to dedicate the: :necessary right of way for alley purposes. He asked that :
!the staff assist in the design of the alley running north and i :south. f l a
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!(b) Memorandum from Planning Cornmission - re: Entranci jGatmhestnut Heights Subdivision and Entrance Gates i :Policy of March 4, 1958. I 4 a L 4
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$Memorandum dated September 24, 1964, from the Plannind :Commission stating it was their conclusion that although ' :the gates are of acceptable design, nevertheless accepting: Ithe entrance gates as City property would additionally bur-: :den the maintenance and park crews, that it would increasd ithe City's possible liability for accidents or negligence i joccurring at or around the gates, and that accepting and : :maintaining the gates would not benefit Carlsbad Citizens :
:as a whole. They recommended that the present Entrance i.
:Tile City Manager informed the Council the problem ja the I jmaintenance of the entrance gates. The common practice : :is that the property owners in the subdivision maintain the i !entrance gates, i. e., deed restrictions.
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:G&e Policy be revoked. !
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I * !After discussion by the Council, by motion of the Comcil 'Atkinson : ; :;
:it was agreed that the City of Carisbad no longer be re- Beiswender : : jsponsible for the maintenance of property which supports gardine {Xi :entrance gates to subdivision. Bughes :i t!
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*! I! i I a) Acceptance of easements fron L<1ldan, Inc. and Be;-- i '1;
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i tiS:rd Citron, et al. Two ease;nmt.s were prwented. for : ". ."" "."_.. - ;;;
I- " I!: ;acceptance by the Cmncii from i:.ilcia,. ifico arLd Bernard : ::; :Citron, et ai, concerning the Joint Sewer 2r.oject. 1))
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I lAtkinson !xi : i Ey motion of the Council the easemerlts Lmm. dild~i~~ Inc. iFJeiswender ; ; i { and Bernard Citron, et al, were acc,?pkd by. the Corrncii I Jardine ; :xi ; ozz behalf of the City of Carlshad, : ihghes I;,
I I :II 1 !:; ; (tJ3 Acceptance of Grant ~eeU from ~err~axd Citron, ,+t al. i i R Gi%iiTDe5from Bernard Cit;.'66Tet al, io the Vista i " ;$I
I:: i Sanitation District and the City afi Carisbad was presented,: :::
; in connection with the Joint Sewer Psoject. :Atkinson ; :x: ! By motion of ibe Council the Graat Geed from Bernard iNeisw nder i i : i Citron, et al, was accepted by the Council on behalf of the :Jardine :x: : ; City of Carlsbad. i iIughes ::I
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: ( c} Stewart M. t3hite - re: itequest for waiver d street i I improvements. Letter dated September 15,1984, from : Stewart N. and Frances M. hhite, was presented, ia whic6 i they requested waiver of paving on their property cc Xigh-:
! land Drive. They indicated their willingness to dedicate i I five feet for widening of street, and to install curb and : i sidewalk. They also requested waiver of improvements i ; on Arland &ad, as these lots face on Kighland Drive zild i : extend through to Arland Road, * :
: A report was presented by the EngineEring Department, i i recommending that the street paving on 3ighlar,d Drive be i i waived as these parcels will be inclwkd in the street iLn- ; : provement project of the Las Flores Drive extension.
1 They also recommended that street improTrements for Ar- I I land .Road be waived as these parcels will be permanent I 1 througn lots and neither one can be further divided, and ;
; the Council may desire a future street improvement for i i Arland doad. I *
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t! * i By motion of the Council Mr. and Mrs. Vjhite's request (:Atkinson I : ; for waiver 01 stxzct improvements was granted, subject iNeiswender i : I to certain conditions being performed as recommended by ! Jardine : :x ; the Engineering 13epartL-nent. i iiughes i xi
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1 ! I i (d) Acceptance of final map €or Magnolia Glen Subdivision. i I The final map and improvement.plaas for Magnolia Glen : : subdivision were presented. A report was made by the i I Engineering Departnent stating the property is located on B a : tne Southwes-i earner of Adams Street and Magnolia Ave.; i i the majority of the lots front on Magnolia and the City has ! : established the ofiicial grade for both streets. There is i i a structure that overlaps on two lots, therefore the City ;
i is requiring the posting of a $1,000.00 bond. I I
; The City Attorney informed the Council the subdivider has ; !
i requested the approval of the final map be done by way of 3 i resolution for the bocding company. t I
; T'ne following resolution was presented:
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I! I I Resolution No. 1073. A RESOLUTIGN CF TBE CITY r ;: :m OF THE CITY OF CARLSBAD CCNDITIONAL~AW~SO~ ixi : LYTCkpTING FmA.L SUBDIfnSiON rfuw m MAG- iNeiswender i : i NOLM GLEN SUBDIVISION was adopted by title only and : Jardine ; :
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: further reading waived, i Hughes : !x
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I :; I ." ! I !r i (a) Resolution No. 10'72, prohibiting the parking or stand-! i ing of Campsters on Carlsbac! Blvd. and tile parking areas! " -
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I : Name '. ?& ', : of '\ && '.?L\?&, ; Member \$f@ 1- """"""_ *" """_" - - - "- """" - - - -. - - -" -" - - - - - -" -" - - -"" - -_ ";- - - - - - - - - - - - - - - - - :c :* i The City Attorney presented Resolution No. 10'72 for the i 4: : Council's consideration. :;
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8 t 1 ! Cmn. Atkinson stated in his opinion this reso!.ution was no{ i too clear, as this would prohibit any parking. I 1 1 1 I I i Cm. aughes stated if this is going to be done in one area i i it should be done all over town. This would be chasing ; I p eople out of town. I I I I 1 I It was suggested that there be no parking between the bur$ :of 1: 00 A, M. and 3: 00 A. M. in this area. t
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11 11 ! I f The City Attorney was instructed to correct the resolrxtion i !I
i to reflect no parking on Carlsbad Blvd. between the North i ;I i and South jetties between the hours of 1: 00 A. M, and 3: 00 : 1:
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i The following resolution was presented I 1:
I I: I Aesolution No. 10'72. A RESULUTIGN CF THE CITY I ;; i-CI'I"Y OF CA&LSBAD PROHIBITING i :;
;TEE PARKING C.& STANDING OF GEZTAIN VEXICLES i :;
!ON CARLSEAD BLVD, AND TED3 PARMIBG A8EA.S AD-: 1: :JACENT TH-IEiZETG FROM THE NCSTii TO THE SOUTi@tkinson : : i JETTIES BETI;';IE.EN THE aGU3 CF l:W A. M, AND :Neiswerrder I I ; 3: 00 A, M, , was adopted by title only and further reading i Jardine :xi i waived. :Hughes :I
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i (b) Proclamation - California Congress of Parents and :
i Teachers membership Enrollment \;leek. The Mayor pro-: i claimed the week of October 5th through 9th as California t ! : Congress sf Parents and Teachers Membership E:nrollmeni i %eek, and urged the residents of the City of Carlsbad to : ; support this organization by becoming a member of the i I association.
i OLD BUSINZSS:
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I I I I : i The following ordinances were presented for a second : i reading: I I i (a) Ordinance NO. 3010. AN ORDINANCE OF THE CITY i~tkiasoll ix
1 OF CARLS~s.D AMENDING SECTICN. 1, OF CT~T)INANCEipJ~iswender i /NO. 3069, EiEGAiXDING THE KEEFIMG 8F ANIMALS, :Jardiae :was given 2 second reading by title only and adcpted. i Hughes
t ; I i Ordinance No. 9170. AN ORDINANCE OF TBE CITY OF 5
! ';-ION 500 OF GKDINAXCE; 'NO, 9050 RZGASDING THE jNeiswender ;
!KEEPING %F XrJRSES IN R-1 ZCMES, was &veri a ! Jardine
t second Pding by title only and adopted. i Hughes
i Ordinance No. 9 73. AN ORDINAKCE OF THE CITY OF i i CARLSBAD ANINDING SECTION 206 OF OEEDINANCE :Atkinson :X
I NO, 9050, R,EGA,;iDING UTILITIES, UTILITY EASEMENTmeiswender ; i ANDSTBZE'i' LXGETING, was given a second reading by : Jardine 1 I : title only and adopted. I Xughes
: CITY ATTCANEY' S REPORT
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I I I gU&JmDINci SUBSECTIGN (6)(b) OF SEC- ;Atkinson :X I
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I : Condemnation suit - State Division of Highways. The City i !Attorney reported the City has been named in a lawsuit : : filed by the State Division of Highways, concerning free- i i way acquisitions. However, in checking this matter with i : Mr. Vi arren Barney of the Special Districts we find that ; i we are not involved, therefore, they have requested that : : the City file a Disclaimer. The City Attorney requested : i authorization to file the Disclaimer.
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0 i By motion of the Council authorizatio;; was given the City i Atkinson i Attorney to file a Disclaimer on behalf of the City c:' : Neiswender : Carlsbad in this matter. i Jardine
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I ! i Summe1 property - re: Request for water service. Mr. i ; iiummel owns a parcel of land at the southerly extension : i of Alder Ave. that is land-locked, He is requesting per- 1 i mission to put a private water line in a public right of way:. . .
i come Zrom Sunnyhill Dr. At such time as Alder Am. ! ; should be extended, Mr. Hummel would have to abandon i i his temporary water service, pay his proportionate share ; ; of any water main extension and pay his water service. I
i By motion of the Council it was agreed that Mr. ZIummel's! Atkinson ! request be grailted. : Meisw ender
I 1 f~r tempwary watw aeraee, ~tais water ser~ce woulQ 1
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I :: Business License ordinance. The City Attorney informed i ; the Council he felt before the City proceedsd with the I i drafting of a new ordinance that discussion meetings : should be held between the staff and the Chamber of Corn- i i rnerce, and a report made back to the Council. I I
I ! i The Mayor requested this report be made to the Council ; : by the first meeting in November. I
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I I I I . I CITY MAMAGEa'S R;EKIRT: J * f I I I 4 : The City Manager informed the Council he had nothing to I i report other than h& was glad to be back in Carbbad. I I
i Study of City Hall and Librsry facilities - DMJM. Mayor ! : wender requested Councilman Jardine to make a re- I i port on the preliminary report received from DMJM con- ! : cerning the City aall and Library facilities. I 6
l Cm. Jardine informed the Council that he and the City i I Manager had received a co y of the preliminary report <. .!I. : from DMJM, iIe contacte cr Mr. Stauber, Chairman of ; i the Library Board of Trustees, and he exposed the report I
i their findings, aad are agreeable to the content of the stud? i and have no objection to DMJM making their final report. : : Mr. Stauber made it quite clear, however, this report i i would go to the Building Committee for their approval. ; : DMJM is preparing the final draft, with the understanding I I that if the Building Committee and the Council wish any : : changes, they will be notified and the changes will be mad+.
i Copies of the report were presented to Councilmen Atkin- i i son and Hughes, who are representatives from the Coundg : on the Building Committee. R
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I to the Board, They were pleased that DMJM supported ;
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l a L I r i PAYMENT OF BILLS AND RATIFICA'TICN OF PAY __ * : ROLL: Authorization was given for the payment of billsi i ._ I
i w general expenses ofthe City in the amount of : $92,597.88 and for the Vvater Department in the amount of: Atkinson i $121,838.71, for the period September 15, 1964 to October ; Neiswende : 6, 1964, as certified by the Acting Director of Finance ! Jardine
J iiatification of the payroll was given for the second half i Atkinson i of September, 1564, in the amount of $19,796. 29, as : Neiswende ; certified by the Acting Director of Finance and approved I Jardine : by the Auditing Committee. ; Hughes
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i and approved by the Auditing Committee. 0
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I i By proper motion the meeting
I I I I Respectfully submitted,
I /Wd+W -4 ."&Ad : MAR~ARET E. ADAMS i City Clerk
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I I e t . was acij~urned at 8: 08 P, M, :
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