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HomeMy WebLinkAbout1960-09-06; City Council; MinutesI i' . ,\' ' t ',, '8, '\, ', ', '\ ! CITY OF CARLSBAD I t \, ', 8, '\,'+\ ; Date of Meeting: September 6, 1960 i N a me '\,, '\$\ 8' \, "3. i Time of Meeting: 7: 00 P. M. ; of *.$$j+ '' '?+,, ;I1 1 I I I \x I Minutes of City Council '\ iX8'\,, ", 't8 4-23 '8 I,I;lac~*,,sf,"e_- _cO-~~i~"c~am~~~~.""" "- "" - "- -." -" "- + f - --.. Member """"* - "" ,o \,o ""- \,pg 7"" d'.? ; BOLL CALL was answered by Couzcilmen Guevara, I I ;;4' \\*@,9>,#@ ,e;:! l;;ll :if:; ;;l:I ;I;:: ;I:;: B' I 1 I i Bierce, Sonnernan, McPherson and La i3oche. Also I : present were City Pdanager Slater and City Attorney Elaye& I INVOCATION was offered by City Manager Slater. I :u;: 11 I ,!'I! I I I I I I : APFSGVAL ...-. OF MXNUTES: I I I I 1 I I a. The Mayor asked that this matter be deferred I I i until the next regular meeting of the Council, as the i minutes of August 16, 1960 had not been completed. I I : COBitESP(PNDENCE:. I 1 i 3167 Highland Dr. , commenting in general about the I i tax increase, and suggesting that it not be used for salary! ; increases, increased personnel, expensive legal advice i i and surveys. By common consent the letter was ordered ; ; filed. I i b. Letter dated August 16, 1960 from the San Diego i i Chamber of Commerce in relation to the census Tract : : Street Index, requesting that a Master Street Index by i i Census Tracts be kept up-to-date with new streets as, i : they are added, in order that it will be available for I i business planning purposes. The City Manager advised i : the Council Mr. Price, City Clerk, has been taking care : I of this matter and the City does have a directory of street! : up-to-date. By consent of the Council the letter was I i referred to Mr. Price. C. Letter dsted August 25, 1960 addressed to the 1 I : members of the Council from Henr? J. Betzmer, request; : ing a public statement of the members of the Council to i I justify their action by indicating approval and support of : ; the forrnaticx of the Carlana Harbor District, to be voted i i on October 11, 1960. Mr. Betzmer was present and I : stated tkl if a District were formed the Board could I I I levy a 75~ per $100.00 tax rate; also if there is a bond i ; issue they could also levy a 75$ tax per $100.00 assessed i i valuation. The burden will be on the taxpayer. Mr. I I : Betzmer asked the Council where, Row and in what I I i manner will the funds be raised? i Mayor Sonneman asked that this matter be brought up i : again for discussion at some later date. I : d. Letter dated August 25, 1960, addressed to the i i members of the Council from Carl L. Lough, requesting : ; the Council to rem nsider the harbor matter, in which i i they recently voted their approval of the formation of a i I harbor district. I I I I I I I I I I I I I I I a. Letter dated August 22, 1960 from €3. C, Franse, : l I I I I 1 I I I b 1 I I I I $ I I # I I 1 I I I I I I I I I 1 in 1::;; !!I:! -8lil ::;I: :;1:1 11;:: :: I: it: ,!I:: i;:i: :::/; :I qi;: :ii:i ;:::: ;:::; :::;I :I::/ i:::: 1:;:; :i::i 81 :::i: i:::: ::::: ;::I: 1:::; :::I, It ;:p: ;:'I: ::I,: 1:::; :::#I ;::I: ::1:1 4;:; )I::: ;;::i ::::: 4;; ii::: :I::: ::::I 1:::~ ::::I' :I:::~ ;::;:I ri:::~ :I:::~ :::I:; :::::: :*i:4 ;8l:l I!:;; ::; ,II:I i'"Ii ;;;::I f;:;:. !::::I ;:::ii ';::I; :;:;;; ;: l!:!:i I I i::i:i i Mayor Sonneman stated she felt the Harbor matter was i ;:!{!/ ; a very timely matter and should be given further consider! ;::::I I# i ation at some future date. I :::::I I I 1:;::; l e. Letter dated August 17, 1960 from the County of I ::;::I i San Diego, enclosing a form of termination of coctract ; ::I:;: : between the CO:J.Q~ of §an Diego, Escondido iiumane :;::*; i Guevara ;x: I x: i : : Bierce I 8 , :xx; l i i i Society and the City of Carlsbad, They requested the I document executed by the proper officials. By motion of i Sonneman ; : ;xi ; : : ment and the Clerk directed to attest to such signature, : La Roche i ; ;xi : ; l!!l!! I I B i the Council. the Mayor was authorized to execute the docum: ' TCcPhersoni i i x; I' : ; I .I I 8 i f, Letter dated August 29, 1960 addre.ssed to the City i : Council irom Melvin F. and Jeannette L. Lull, 3981 I I i Garfield Street, requesting permission to hook on the i ; city sewer line which has recently be constructed on I I : Chinquapin Street without cost to them. The City Manage< i informed the Council excerpts from the minutes of the : I I I I 1 I I I I I I I I I I ii:;:; :::I:. ;I;::: ;:;::: ;::;:: ;::;:; ;::::I ;i:i:: at;1;: :::::: :!::f: 11'; 81' i I I I I I I I I I I I I I -2 - I I I I I I t I I I I :I ' .I Di "-""""""-""""""--"--"-""""~~~~~~"""""""""""".."~. I I I : meeting of July, I954 were sent to the members of the i ; Council. The ':.m1.+s paid for the assessmefit on Garfield : i Street, b.& du : io the expense of havirqg to change the i ; plumbing they did not hook on to the Garfield sewer line. ; : The Chkx- ,...spin sewer line is under a completely differ- I i ent assess-ment tkan the Lulls paid into on Garfield. Mr.: I Lull was as7:ed if it were possible to connect any part i i of their p:-.-,yerty to the Garfield sewer line? I I 'I I I I I I 1 I I * I I I I I 1 I I I I I f t I '4 L I I 1 I I I I I I I I I 1 i I I I Mr. ?dull informed the Council they could have separated: their plumbing but it would have had to been done at I considerable expense. The way the house was plumbed i all the plumbing went to the lower floor, and the only i way it could have been done was to go into the petition. : Cmn. La Roche asked if there was any way the funds : that Mr. Lull has paid into the sewers on Garfield St. i could be transferred to the Chinquapin Ave. sewers, and Mr. La Roche was informed that these funds were i paid into a district and not to any city fund, therefore, i they could not be transferred. Cmn. La Roche further ; asked if Mr. Lull paid for something he could not use. I The City Attorney stated that at the time the assessment : was spread the Engineer of Work had to prove that all i of the properties within the district were benefited. I 1 I 1 I I t i Mr. Lull statedthe only thing they are requesting is that ; they be granted permission to connect to the Chinquapin i i sewers, as the line comes up to their property line, i and it would be cxsiderable less expense for them to i 1 connect to thi;. i:A1e. ! I The City Manager stated the sewer on Chinquapin is a : I completelJ- differe-rit distyict, which the property owners i i have recently formed, The City Attorney suggested the : i matter be rzferred to her for further study. By commo4 i consent; it \-> as agreed that the matter be referred to the i : City Attorney for further study. I I ORAL COMMUNICATIONS: I I I I 1 I 3 I I I I I I I * I I : There were no oral communications, !# PUBLIC HEALZINGS: I I I I I I t I I I I I * I t t I 4 a. Reclassification of certain property between I i Grand Avenue and Hope Avenue from Zone R-l to Zone i ! R-2 - John and Norma Ortega. $ The Mayor announced this was the time and place set i : for the hearing of all protests and objections for the : i reclassification requested by John and Norma Ortega. i 3 I I I I I I I I I I I 1 1 I & I I I I 1 I 1 I i Dl I I I I I I I I I I I I I I I I I I I I I I I I The Clerk informed the Council that proper notice had i been given to all property owners in the area. Up to : the hour of '7: 30 P. M. he had received no written pro- i tests. The Mayor deek:>ed the public hearing opn, and asked i if there was E.*yone present who wisk.ed to speak in favoq of this clrssiiication. There were no persons present I who wished to spec& in favor of this classification. The Mayor asked if there were any persons present ! who wished ,:o protest or object to the reclassification i of this pzope rty. There were no persons present who I wished to speak in opposition to the granting of the. reclassification. I I I I I I I I I I I I I I t I The Mayor declared the hearing closed at 7:40 P. M. I * I i 1 I I I I I I I '\ \.\ \ ' , b 8 ' "9 '\,'\\ '\, '\, 'x, '\ N a me \. '\@\ '8, "& '+@' \ WP'. , ' \ ', ', '8 124 \'\ ,..\ .' , .', b \ .I of Q\% ', '$8 !;ember ~$$$?,~~p~,o. '\,d%% 4 \ ++\, ;;;I; I:!;: ::::: :I I;!;: i:::: 1::;; :::I* t1;;:: :::::; ::::;: :::;:; *I ::::I: :I::;: :i:::: :q::; ::I/; ;:::I; I::;;& ::;a*: ;:;I -1;;; ;:: ::I ;:I:!: 1:;:;: ::::;i ;' 1::;;; 11 4::: i::::: 4:;8&l I:;::: Iii;;! :::I:: ;:*:I; ,I;:;: :::;:f ::::I, I1 ;::::; I!;::: ;:4s1 1;:::: :::I;: :;:::; ::iiii :I,::: ::;I 1':;:: ;: 1:::; :::;I# :I I1 :;:I/ ::I; ;; 11; tt:;;l !ill:; It!::: i:;;:: :ii:ii ;#::I; ;:;;:: :::*:I :::::: ;:dl' v4:: 1:::: ;::gl@ :;;::: t::t1 l::I:; I*: ::@:at :;::;: ::!;:: :I, :::;;; I' ::;:;: ,:I::: :::::; i::::: 1:;::: i;:::: ::I;:; :i;;:; ;*I::; :x::; ::::I; !::::@ It;:;: ;:I;:; ::::i: l;;l:: ::::I: -"-"""""""- """" 3 ;*1;1 ;::I: :l;ll "1:; ;:/I I:':: :I**: I@;l;, I' 11 111 I1 'l#'l( :I IIII !ll!l! I I t I 1 I I t ! BI l"- I b 1 , ,. \.' : I '\, 88,'8,\ \\, '\,'' I I ', ' \ " ?., 12 5 : of \&'& 8 '. $3, ."""""-""""""""""""""""""~"""~""""~""""~""""""""~"""~"" : Member '\9@,+@1 I I ::;:I :I - 3- \, '\ ' . .. 1 \, '\ '1, ', '\ '\ : Na me \.,, ',$, '\ '\.d .Ob@, .p" 4% i::;; 4:;: I The City Attorney presented the following resolution \ for the Council's review: I I ::: l!*l! es. #683, RESOLUTION OF THE CITY COUNCIL OFi HE CITY OF CARLSBAD ANNOUNCING FINDINGS : 1;' ;:i ;:I:: ::::: i AND DECISION kEEGARDING CHANGE OF ZONE : Guevara : jx:x; : I CLASSIFICATION OF CESTAIN DESIGNATED FROPE443ierce : I !X! ; { TY IN THE CITY OF CABLSBAD FROM ZONE R-1 I Sonneman : i !X: i : TO ZONE 2-2, was adopted by title only and further ; McPherson: : :X I : i reading waived. i La Hoche k! :xi i It I I ! 11 .!#I! i The City Attorney presented the following ordinance to i : the Council for a first reading: I I ! I I ;:;I1 lit;: :::I; ::; :: !l,!l t Ordinance No. 9105. AN ORDINANCE OF THE CITY 1 Guevara I :x:xi : ;l;'l i CHANGING CERTAIN DESIGNATED PROPERTY rpJ : Sonneman i i ;xi : i THE CITY OF CARLSBAD FaOM ZONE R-l TO I McPherson ! i :xi / : ZONE R-2, was given a first reading. : La Roche :x; :xi i i b. Abatement of Nuisance - Weeds, trash, rubbish, ; i:::: l.!l 1 I CAlclLSBAD AMENDING Uj3DINANCE NO, 9060, i Bierce : : ;x: i & I I 11 I i etc. :I The Council was informed that all of the properties had i i been posted and notices sent to all the owners of property i ; needing to have a nuisance abated. I I ; The Mayor announced that the public hearing was open, I i and that all persons desiring to be heard would be heard i ; at this time, I I -1 I 1 I r I I I I i I I t I MR. F, G, JtAMSEY, Olive Drive, advised the Council i his property has been posted twice. The first time it i was posteg, he hired a man and had the property disced; : however, the school has since purchased the land, and : he received a card to abate the nuisance, Mr. fiamsey i was informed that due to the recent sale of the property, : the a6sessor's records -have not been corrected as yet, ! and the City would notify the new owner, which is the i school district.. I I I 1 I I 1 I I t t I I $ 1 I 8 I I I 8 I I t I I i MIE. DYKE,. 3120 Madison Street, stated his property wai : posted, and he has taken care of the nuisance, but he I i would like to know if the property owner is suppose to i ; take care of th3 City property adjoining their property? ; i Mr. Dyke was informed that he did not have to take care : ; of the City property. The City Manager stated he would i i look into this matter of the city property, i A gentlem n in the audience stated he was representing i : G, P . and A, E, Deheyser, who owned parce1.48-12 Bxl. : t The property owners live in Massachusetts, and intend ; i to build a permanent home on this property. He did not i I feel this was a good way to welcome new residents to the : i State of California. The City Manager advised the I gentleman this procedure is followed each year in order i : 30 keep the city protected from fire, and also to beautify i i the city. All property owners are notified where the : property needs to be cleaned or cleared of trash or weeds4 i The City Manager was instructed to write the owners and : : explain the method of abating such nuisance. I I ! MR, GEORGE WILLIAMS, 2906 Madison Street, stated i i he cleaned up his 'property as soon as the property was i : posted, and he still received a card notifying him to I i dean up the property. He.felt these inspections were ! : very pporly handled. The Council and Mr. Viilliams were: I advised that a list of all the properties is made prior to i : posting the property; and another inspection is not made ; : : prior to sending the cards. However, before any work ; i is ordered by the city there would- be another inspection. i 1 I I I I I I 8 I I I B I 1 t I I I I I * I I I ! 1 I I 1 I ! :::;i :I ,I::, :;I:: I:;,: ::::I ::;:I ;::;! -1 ;I::: ::::i l1 ::ii: :::I: .l.?l i1i.i ;I;:: 1:;:: 111:: ::p:; ::;;: i;;;:; :;; 11' :;I::! ::;::: ::;:I ::;I; ;x::, !l@!l' '1;;l :::I: ::I:; ;::It la 1;41: :;:::: @I:;:' :;;I; $4;; I!::!! :;a ;*;::I 81 ~ l~ljl- ::::;: 11 :::::: :!!:;; :-:;: ;::I &t4:;: ::;I:; 8: i::;:; 1;t :;;::: I:;:;: !!!;;; II' *I :1:1:: I:;::I ::I::: i:: Ill:;: ;:;i:i ;:;1;t /I;:; ::/I1 ::;::: 4:: 1 : :'I I :II;:; ;i:::; 1I:l :::ll; ;::::I 1:;::: ::::;: 11 l:;::1 It 1;: 1:;1 III' :*::I! B B I I I I t I I '\ 8, ., \ ' . I I I x, \' . 8 <' 8' 4 I \8 ', '8, \\, '\,'\, 8 -4- \' ', \x\"\ 8 8, \' ', '\ 126 8 t i N a me \'\, '$$, *\ \ '\& I ; of '\+Jp, '?& I ; Me m, bet .,&OW ,08@.~$\d, &$T ::::: 1:::: ::::a I:::: :i::: 411 I :;::: ii::: ~~""""""""""""-"~""""""~"-"~"""""-""-"".~"-""~~"""""""-"--"""" ;'I 1 i MR, q. W. ~ JARVIE, 1175 Hoqver, , stated theke are i : apy)i%ximately two hcres df dead lime trees at the cqrner I ::I:: i of Adams and Chinquapin, and he feels this ,is a greater ; ; hazard than a small patch bf weeds. it is his understand-! i ing the owners live in Colorado. I I i The City Manager was instructed by the Council to make : 1': ; an inspection of this property. I ::!:: I ,i I t I k I :::;: I I I I I I I I 1 I I I I I I ? I 1 I I I I I 4 1 I 4 I I 1 I I I t I I I I I 1 : Crnn. McPherson asked if the property at the corner of i i Pio Pic0 Drive. and Pine Avenue had been posted, as I I : there is a great deal of trimmings and trash on the propet- i ty. The City Manager stated he would investigate the i : property. *I : MR. MELVIN LULL stated he thought this method of i i cleaning up the City was wonderful. I i As there were no further protests or objections, the t Mayor declared the hearing closed at 8:02 P, M. I 1 I L I I I I I I t t I I I I ! !:iiil /I;:; 4:::; :::::i :::::I :::::I ;:;@:I ;:::;: ;::;I1 l:;l;; !:; ::I #;1:L' sl!I:; 3i:i' :I I( ::*;:i ;::::I l!ll!! : By motion of the Council all protests and objections were : Guevara : : :XI ; i i overruled, and the Public Works Director was ordered i Bierce I :xjx: i i i ;;;a;; : to proceed with the abatement of the nuisances, ; Sonneman i i ;x; : 1 1 i McPherson i : !x: ; 1; l I I : La Roche h i :xi : 1 i PLANNING: I ::I::; I I 8 ::!::; I I:;;:' ! The City Manager informed the Council a resolution had i ;:::Il I1 I been received from the Planning Commission, recorn- i ;;ll:l $;I :I:; : mending reclassification of certain designated property : :"::~ i in the City of Carlsbad from Zone R-1 to Zone 8-3, 4:::; I said request having been made by Archie and Fawn A. I ::;;I1 I ;:::1; :8bo11 i Koyl. The next procedure was for the Council to set a i : time and place of hearing on the matter. It was agreed : ;::::I 1::::; i that the hearing be set for September 20, 1960, at 7: 30 I i:: I' (;:::I *1 i o'clock P, M. in the Council Chambers, 2960 Pi0 Pic0 Dr.: I::::' I r::::i i PARKS AND BECREATION: I I i+:;i I I !a!!:; 1 I 1 t I (11 It I I I1 I I 1 1 I I : a. Appointments to Parks and Recreation Commission; ! The Mayor stated there were two vacancies on the Parks : /I:; i and Recreation Commission, and with the approval of I i 3137 Roosevelt Street, a business man, and Mrs. James i ::; I; : Silhavy, 1021 Magnolia, who has been a member of the : Guevara i ; :x i ; : the appointment of Leonard Nevares and Mrs. James : Sonneman : : :xi : i Silhavy were approved for a four year term, expiring i McPherson ; :x :x; i : August of 1964. : La Roche i i !XI I ;~i'i ;;::: ::::; ;:::I : the Council she would like to appoint Leonard Nevares, ; :::I: 1:;:: i Garden Club for several years. By motion of the Council i Bierce F: !x: 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 I 1 I i b, Application for tree removal - Juniper Street. 8 I ! and Mrs. Welch for removal of three trees on Juniper ; i Street located on city property. The city has received : i three bids for the cost of removing these trees, and the i : low bid was in the amount of $595.00 submitted by Lange : i Tree Service, Carlsbad, All but three parties on Juniper i i Street have paid their money to have the drainage install- i : ed on Juniper, and it is felt that the other three will pay : i if these trees are removed. At the previous meeting a I : memorandum from the Tree Committee of the Parks and : 1 Recreation Commission wa0 read wherein they recommenqr 1 : ed the removal of these trees. After considerable dis- ;Cuevara i cussion by the Council, by motion sf the Council it was i Bierce ; agreed that the trees be removed at city expense in : Sonneman i accordance with the low bid of Lange tree Service in the i McPherson : amount of $595.00. : La Roche : An application has been received from Mrs. Grandchamp I i I I I I I I I I I I 1 I I I I I I :iiiii :::::I ;:*I;; ;::::I ;:::;I 1:::;; :::::I :8l:l; ;::;:: $;SI; ;::::I ;:::ti :;;;:; 1;1:1; :I *I:::; 1;;:;; :l;:l; I I' :$x; i 1 :: I a :x: I ; :x: ; I: 4 i : :xi ; i 8;;l:l ::;I:: ::I:;: :!::!: b: :x: ; I: i I I I I I 1 I I ;;:;i; 8 1 ::I::: ! I ;::;:: I I a' , \', ' \' I I \, ', .8 ', '8 '8 I I I I I I I ,~,,',,,~,,8'8,,'~8~~,, 12 7 I I 8, '\ ', ~. \ b ', I I -5 - i N a m e ',, '*%, ',,:a' I I *%e8 ','%\, I 1 i Member *f ',L*O\.p .$?'."o\.*p,d +'@@ :"""""""""""""-"""""""""""""""""""-~""""~~"""---~"~~""~:""~"~ ::::: I I I I I I 'I B i NEW BUSINESS: 1 I pt: I!::! I I ~. I 8, '\ ', \ b ', I I -5 - I N a m e ',, '*%, ',,,''a' I I *%e8 ','%\, :"""""""""""""""""""""""""""""""""""""~~"""~"~"~~""~:""~"~ I 1 i Member *f ',L*O\.p .$?'."o\.*p,d +'@@ B: :!a,! I 1Y.CJW ut51 I I 1; 'I: I a, Proposed sign ordinance. The City Attorney in- i i formed the Council some time ago a request was made i i to amend Ordinance No. 9060 permitting advertising I I ; displays dong 101 Freeway. There are three ways this I i amendment can be initiated, either by the Council, Plan- : : ning Commission or a request by an individual. A I I i resolution of Intention has been prepared for the Council I I to initiate this change if they so choose. I : Cmn. La Roche stated he felt the entire advertising pro- i i cedure for signs should be considered, as advertising : : signs can get completely out of line. However, he realiz4s I there should be certain signs for business purposes. I : Mayor Sonneman stated this matter had been discussed i i previously and it was definitely frowned upon, and it is I : her understanding it is frowned upon by the State. I I Cmn. Bierce stated that if you wish to promote business i : and if you want to bring business into the city you have i i to consider advertising displays. If you are traveling : : across country you look for a place to eat and sleeh I I i therefore, you are looking for signs. i Mayor Ponneman stated she was definitely against having ! I signs placed along the Freeway. 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 11:;: ;;;ti 1:::: :II:; ;::I, ::;ti ;: /::; /::: :;;:; +;: I:! Ii'Y. :I::; :::I, ::::: $4: 4:::: :!I:! ;;,;I ::i:i ;:I:: l((l l!!l! :I::, G;:i i::;; ::::: ::::I ;:::: ;::I: :;l:t 1:::: :I::! ::::: :::*I ::;:: *!!:! i Cmn. McPherson stated he would go along with Cmn. I I I I I I $ : Bierce - if he is traveling he looks for signs, t I I i Cmn. La Roche stated he does not like to see signs litter i I up the town and freeway, however, he is sensible enough : i to realize that some type of advertising is necessary. I i The City Manager informed the Council the City of : Oceanside contracts with a sign company to advertise i i the City. Santa Barbara has a sign as you enter the town i ; pointing out certain streets for motels, etc. t I I I I I * I I 1 I I I I I I I I 8 I I I I I I I I 1 I I * I * I I I I Cmn. La Roche suggested that a committee be appointed I to study this matter. Cmn, Bierce stated this proposed : ordinance is the work of a committee, consisting of I 4 Mr. Price, the City Attorney and Himself. However, he would certainly go along with a sign for the city as i suggested. The Mayor appointed the City Manager, I I Cmn. Bierce and herself to a committee to work out some type of sign for the city. I I I I I I I I I I . I.' I**:: ;x;: ;::e, ::I:: i: 81 $1 ii: * 1:;:: :;::I I:::: i:::: ;::I: i;::: :p:: I:':: 11:'1 :il:i ::I:: ;:;I: ;:::I , I:: ;::I: 1'::: ;I ll::; ;:::I :x;: Ill I( ,Il:l 1!11! I i b, Mutual Aid Agreement for Fire Protection Aid ; ;;;a: $4: i with Division of Forestry. The City entered into an t I*!:; ; agreement previously with the State of California, De- : ;: @I 1::: i partment of Natural Resources, Division of Forestry, i ::::: : which will expire on September 15, 1960. We have I Ii::; I ::p: i received a new agreement under the same terms for a i : five year period. If it is the Council's wish to renew it;:: I i:::: i this agreement the adoption of a resolution approving the i ll/: ; agreement and authorizing the execution of the agreement! ::I:: i is necessary. Res. #682 was presented for the Council's: ::::: 1;::; ; review: 1 I ::::I I :;:;I i Res. #682. A RESOLUTION OF THE CITY COUNCIL I 11 #:::I ' 1 FB%i&33CTION BETWEEN THE CITY OF ItI:; ::I i Guevara : : i B i r CARLSBAD AND THE STATE OF CALIFBZNZA, DIVI-: Bierce ;x: :$ : i SION OF FORESTRY, AND AUTHORIZING SIGNING i $omeman : i ix: I : OF AGREEMENT, was adopted by title only and further : McPhersonj : ; 4 ; i reading waived. i La Roche : jx:~ i I I I ;I;@:; I I I 1 ITY OF CARLSBAD APPROVING MUTUAL : I I I I I I I t;;:;, 'Il!I' I I I i::;:~ I I ;:;:i; I@ t I .L I I I I I I I ;:;:;I 1 I 1::::; 4 ? !lI!l' I I .,\". I I I I \\ \\ \ '\ 8 '. I I "8 '\, '\& ", '8 8. t I I I , 8, '\\ '"\+ g 2 8 I I . , \-, , r -, I I I 1 -e - t ~lo mo \, x\?, '\ I ; of -Yg&-\ '5p 'q$* I : Member @@,ptp$Y, ',L to \ +@$. I I ::;:: I $11 :""""""..""""""""""""""""""""""""""""""-~"""""""","""""" SI D i OLD BUSINESS: I 1 ;: :ii ! ! ,!II! t a. Donald R. Briggs, Jr. - Lot variance. The City I ! Attorney informed the Council she had prepared a resolu-j j tion in accordance with the motion made by the Council i I at the last meeting. There was a vote of 3 to 1 on the i i motion, and at that time she asked that she be given time ; : to study the amendment to the ordinance, There are two i i separate sections as to overruling the decision of the ; I Planning Commission. Sec, 1814 relates to variances i i and conditional use permits, and Sec, 19 12 relates to i I reclassification of properties and amendments to the 1 1 ordinance, Section 19 12 was amended in January of i 1958 changing the required number of affirmative votes : \ to overrule the decision of the Planning Commission fro4 : at least four affirmative votes to at least three affirma- : i tive votes. However, Section 1814 relating to variances : 1 and conditional use permits was not amended, therefore, i i the motion made by the Council on the Briggs matter did i ; not pass due to the lack of four affirmative votes, there- ; i fore the matter was not referred back to the planning I I Commission. It is the duty of the Council at this time : : to adopt a resolution setting forth their findings and de- i i cision, I I i Cmn, Bierce asked the Attorney if a member were absen4 i at the time of the hearing, could he now vote on the adop-: ; tion of the resolution, which sets forth the Council's I i findings? The City Attorney stated it would be up to the ! : discretion of the member, however, he could be leaving i i tk City open for legal action, if this matter were taken : : to Court. I 8 : Mayor Sonneman stated Cmn, La Roche was present at i i the first hearing, and there was no new evidence pre- i sented at the second hearing. t 4 I 1 I I I I I * 0 8 D 0 D I 8 I .,&I; ;:::I ::ii; :i::; ::: ::; :; t ;: ;:! #:I:l 11: i:;ll ::':I 1:': :It1, I;':: ::i:: i;::: ::::; 1:; :*;Il ::;:I :;'I: II1:I pi;: $il: I: ::::; ;::;; p:: :q! I:':; I:::: It' 1:;:: 1:;:: ;II;# *:I;: I:::: :::I ': I:;,: :;::; :tl;8 ;I:;: 1:::: 1'::: t1 I:;:: 1:;:: ::':I l:'l !I!!: I : The following resolution was presented for the Council's i i review;: prior to Cmn, La i3oche's vote he stated that he i i was in the middle on a matter that seems to be of monu- : i mental concern; no matter what his decision is, he is I i going to have to make it in justice to himself and to the : : City of Carlsbad because he took an oath. If he votes he i I is leaving himself open for legaf action, and he does not : : choose to leave himself open for legal action; therefore, I i he could not honestly see any other way than to abstain : : from voting on this matter. I ! I ! ::I:: -;;I ;::I: ::::I 1;;:: i:;:: :;::: :;::: :I::; ;I::: I:::$ :;;I: :::I, #I 11 !#:;: 81 : Res. #684. A RESOLUTION OF THE CITY COUNCIL : ! -CITY OF CARLSBAD ANNOUNCING FINDING$ : AND DECISION GZ€ANTING THE APPmL AND DENY- ; i ING A VARIANCE ON PBOPERTY DESCRIBED AS A : Guevara k i :x: : POSTION OF TRACT NO. 2, LAGUNA MESA TRACTS: Bierce :;:!x i ACCORDING TO MAP THEREOF NO, 1719 OF THE i Sonneman I : :x: i CITY OF CARLSBAD, was not adopted due to the lack : McPherson i :x /xi : of four affirmative votes, : La Roche I ! : : ':ti :::; ::I; ::i: 4 I I I :::a !I.! I ; Mayor Sonneman stated she felt this was a most dis- i graceful thing. When we have an ordinance requiring i : certain setbacks and then grant a variance with no set- i i back, we have certainly fallen flat on our face, and it I t I ;I;; :::; f::; :::: :::I l!t; I 1 B f is certainly setting a precedent. I i::: I ;I:' ! Cmn. La Roche stated this statement was directed at himi 1;s: i and he appreciates the Mayor's thoughts on this matter, : :I:: i nevertheless, he is on the Council to give his best, and i ;:I: :::: i he was acting in the best interest of the City of Carlsbad. : 11:: : He further stated he did not believe the Council was abrohting ;::; I!!* 1'1 I 18' I I I , i any of their legd forms and that there has been no great -I I harm done. - ;;:; ;::; I :::I I ;;:: I I ;:I: I I 181: I :::: I 1::: I I ::;; I ::!I I 1 I I I I I I I 1 I I I I I I I '. 8 'fr I '\ ' - I 8' I I I I 1 I ', 8 ' 8' ! I *' 8' I I I ! -7 - 8 I Namb ' : of I I Member :"""~""~""""""""""""-~""~"""""""""-"-"""""~~"--"---" Bi l a ; Mayor Sonneman stated that Cmn. La Roche has express! ; ed himself and she has expressed herself, and she felt : i this was a very sad situation. This does effect me very : : much because it is setting a precedent, I I i b. Closing of Grand Avenue and Elm Avenue westerly: i of Ocean Avenue to vehicular traffic, The City Attorney : ; informed the Council that at the meeting of August 2, * I i 1960 she was instructed to prepare a resolution prohibi- i : ting vehicular traffic on Elm Avenue and Grand Avenue : I west of Ocean Street, The resolution was reviewed by I : the City Attorney, 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 I I I I Cmn, La Roche asked if there were any commitments i at present where there might be any repercussions, The i City Attorney read the excerpts from the minutes of the : Council meeting held on August 16, 1960, relating to the i permission granted to the owner of the property at the : northwest corner of Grand Avenue and Ocean Street, to i improve Grand Ave. west of Ocean Street in order to : have access on Grand Ave. 1 I I t i Cmn. McPherson stated that if we ado ted this resolution: : we would be defeating our own motion P o grant the proper: I ty owner permission to improve Grand Avenue for use. i i Mayor Sonnernan stated that she could not see haw this i : could help but create a traffic hazard if this street were : i improved, as it would be impossible to turn around due i : to the width of the street. k I i MR. L. J. ALEXANDER, stated he was the attorney i : for the owner, and he also had an interest in the property1 i They oppose very strongly the closing of an existing I t : right-of-way. It is their belief that the City does not hav4 i the right to deprive the property owners of access; he : f does not know the engineering aspects, however, this : i should be done by the engineers. They propose to install: : at no expense to the City a street and stairway; now the : i people use the beach below the mean high tide line by : : passing over private property. They have plans for a i i building that will add to the City of Carlsbad. It is not unl : common to have a street benefit just certain property : i owners. The access to their property is a great problem; : however, by having access to their property on Grand : i Avenue will avoid the necessity of backing directly out on! i Ocean Street, which is a very narrow street, They have ; ; gone to a great deal of expense in designing this building. I i This lot is a corner lot and that is why they purchased it.; I 1 I : 1 I I 4 I I I I I I I I I i' ;&&p&;- I I s I I I I 1 1 I I I I I I I Di I I I I I I I I * 1 I I I I I I I 4 Mayor Sonneman stated she is in hopes of a pier someda$ soon, and this street would have to be used. Also children g3ing down this street would have to cross this i driveway. J It was pointed out that a 3' sidewalk will be ! coYGEiiitZ?d on the side of the street where the proposed i building would be. Mr. Alexander further stated that as far as the children : crossing the driveway, children have to cross many I I driveways every day, Cmn. La Roche stated he felt the Council was a little i late in adopting this resolution if these people have I & previously been granted permission to improve this street, However, he agreed with the Mayor this street ! should be closed to vehicular traffic. MR. SELWIN, one of the owners of the property, in- formed the Council he has attended several meetings of i the Council, and they purchased this property because i this was a corner lot; they went through the procedure ; I s - t I I I I I I I I I I I I I I I I I I I I I I f I 1 t 1 I I I I I I I # I 1 8 8 ', *, '*, '88'', 12 9 ', \ 8' .* \ 8' b8 8 <,& 'A& \, 8 .', ' '\ '8$%8$', "\, '& 'fg*>,&%#+, ,O'@ ..+f '4. 'I :::I: :I::: ::(I: I :a: ;:I 4;: ::ii: iii:; ;:::; ::I:: 11 ::d: :ii;i :4:; I;* 4; ijii: :::I: ::;:; ::'I: ::pa ::::: I:::: 81 l1 1;;:: ::;:I :;I:; jjii: l'~1; :::;I :I::: :I:;: ;::a: :;I:: :: ti:( ::I 4; ;I::: ;:I:: I::!: ;$I: 1,::; ::::I ii::: t1 ;;;:: ;::$ t:;1 ;I1:: ;::I: ;:I:: ::;:: ;::i: 4:;; :ti:: :t'l; iiil: *11; ::::I ;:;:; ;::a: ;:::; 11:; :x;: ;:::4 411,: ::::; :x:: ;:lb 1:::: :I::: ,I::: ;: ::p: :;;:; $4; 1:::: ;;;;: ;:I:: a+:: 41:: :i:;1 :;::I ;:i:: 1:::; ::;:: :;;:: I!::: ;I::: 1:;:: ::;q I;::; ;I::: s::: ::::I I* :!!I! """""" "... 1;1:1 ::'Il :illl iiii: ,al;l ;I1#: I' I I I 1 I " l 8, '\ '\ '\ ', .b, I , ' '\, ', '8 8 I I \' \ ' '\ '\\'\, 1 3 [ I -8- ! ', ",'*,, \ '\ ', '\ I '*, ",& .., '.& I I Name % .$, I : of '\.$ \c& '\ 'f$, '$-LO\+ .t'* ...................................................................... : Member QS"p'~$+.< I ;,:a: i required, and were granted permission to improve the i ;::j: : street in accordance with city specifications. t::t; I I I ii::; 4 I B 'I I I I 11!!4 I ! Mayor Sonneman informed the Council she certainty did i : not feel a 3 foot stairway was sufficient, and would not ; : go along with the present plan. i Cmn. McPherson stated that he would like to go along i : with their original motion to grant the owner permission ; i to improve this street in accordance with city specifica- i : tions, We should have faith in our engineering depart- : ! ment. i The Engineer for the owners stated they were willing to : : work with the City Engineer as to the city's requirement& I I I I I f I I 1 I I I I 1 1 I ! li.11 :;::; ;;::: V:$ :!:it ;at:: 1;: I' :l,:l I:;*: ik$;t st;t: :I,,' I::;: ::::I ::::: :;*I; ::::I :;I*, 81, :!:: ! By motion of the Council it was agreed that the resolutioi Guevara i i i 4 : t Avenue west of Ocean Street be abandoned. ; Sonneman : : ; :xi ! I La Roche I ; : ! : i prohibiting vehicular traffic on Grand Avenue and Elm I Bierce ;x: i? ; I I i McPherson: !x! xi ; I I I I i Mayor Sonneman stated she certainly wanted to see the ! : plans before they were approved by the Engineering De- i I partment, I I I I i CITY ATTORNEY'S REPOGT: I I I I * * ! I I I 1 : The City Attorney reported she had received a letter i from Michie Publication Company and the codifications i : were shipped on August 25th, so the City should be re- i i ceiving them at any time. 1 I 1 ! I i CITY MANAGER'S REPORT ! , I I I 1 I i Letter dated August 24, 1960 addressed to the Mayor in i i regards to the1 nter-American Municipal 'Congress to be i : held in San Diego October 16th through the 22nd. The i purpose of this organization is to attempt to further re- I : lations with cities in the United States and other countriesJ i They are asking that each City provide some remunera- ; ; tion in order to provide entertainment for this organiza- I i tion while they are in San Diego. The Mayor stated she : : felt it was a great privilege for the County of San Diego i i to have this Congress held here. The City of San Diego : : is planning many events, and she is in hopes that the City : i of Carlsbad can provide some form of entertainment. C&. : Bierce suggested this matter be taken up with the Chamberf i of Commerce to see if they would be willing to cooperate : : with the City in this matter. I t I I ::::I .'I :::I1 ::I:: lil; ::#:I ::::I ::#:I ::*I' I :I1 ::I1 I:;:: ;;::: I::!: ;:::I ::::I I!!I! ;;:I' ,a!:; ;!;I tlI I::: :I;: :I:: ;:::e ::::; ;::ll I:;:: ;llll I;':: : ; i I-; ii!:: :;::j :,:;:I :I::; ,:::i I::: !;::I 8; ii;; !#I! I I : The City Manager informed the Council he had received I i a memorandum from the Chief of Police requesting the : I(;*: I City Manager to make a request to the State Highway Corn: i mission to have the Highway Patrol police that portion of : : 101 Freeway that lies within the city limits, By common i ;I::) iconsent the City Manager was instructed to write a letter : t to the State Highway Commission requesting the policing { l1 1:;:; !of the 101 Freeway by the State.Highway Patrol that lies I :I::; )within the City limits. I I ::;:I I I !$I! i:lii ; I I i.4 ::,:I :I;:; :!/I /;:; ::;:I I I :::: B iCmn. Guevara asked about the sign that is located on the i :Elm Avenue northbound off-ramp, which he feels is a jhazard because it obstructs the view of a driver making i :an approach on to Elm Avenue. The City Manager inform-: ied the Council he would take care of this matter. I I :Cm. La Roche stated he felt tLe Council should certainly i :give consideration to collecting revenue from the lagoon. i iAs long as we have to police the lagoon we should receive ; :some revenue. The City' Manager informed the, Council he i I I I I e I I I 1 I 1 I I l a I I I 4 I 8 I I i::i Ill: :I::, :::a: 1;;:: pl:1 4;; ::::I ~::~l ::;:I ::;:I ;J:: ' ;: ;:: /;:I ::::; ;I'll I ;: '9111 l!.l I ,. . I 1 '\" 8, 8\,8\, ''. 'x '\ " I v.13 1 I i N a me '8, ',$. '\8 'x& f$@8&,+ 6 :"""-""""""",,,",,""""""""""""""~""""""""~""~~"""""""""""-,""! i Member \o ',o \.(.'&.,& :I I I t I I I I \ , \ '\ \\ '8 I '\\ '\ '88 '\ I -9- I \8 \, \\ '\ \ , t I I I : of y5tgi&8 8\ '(++ Bi 1 ;:; I is working on this matter. He has contacted some of the I ii::: ! cities that have a like situation and is waiting for their : :;::: : reports, I ::p: !#I!: I I ! Ill + I : The City Manager requested permission to employ two i I temporary employees for the Water Department for a : : couple of months to take care of the extra work that is in-! I vofved while Chestnut Avenue is under construction. By i : common consent of the Council authorization was given ; i for the employment of two temporary employees for the j : Water Department for a period of approximately two I i months. i Mayor Eonneman asked what had happened in regards to i : the reduction in the water rates of the Municipal Water : ! District. The Mayor was informed there would be a i meeting with the staff and Mr. Swirsky, Attorney for the i : District on Thursday morning of this week. i Mayor Sonneman requested that an adjourned meeting be I i held on Monday, September 12, 1960 at 7: 30 P. M. in 4 I : order to discuss some of the ordinances. : The City Manager informed the Council that in regards i i to the potential sale of the North Carlsbad water system : : to the City of Oceanside, a check had been made with i I O'Melveny and Me.yers as to whether the bonds could be : i transferred 20 the City of Oceanside for payment in the i i event of a sale, and he was informed that the City of : Carlsbad would have to continue paying on these bonds. i I I I I t I I t I I t I I I 1 I 4 t I I I I I I I I I I i::i: :::I: ::;a, 'I :::I: I:::: :::i; !:::I 1:;4: ::::; ,,,:I ::::I 1l)l !*I,# 'I :;iii g8;:; ;:;:: 'I 1:;:: ::;:a ::I:! ::::: l,il- ;:I:: ::;;: 1::: :::;: ::!I: :illl #:::I "I i;::: I:::; ::p: ::I:I :;i:i ::;:; ;II:I l:!l: i PAYMENT OF BILLS AND RATIFICATION OF PAYfioGL: i Authorization was given for the payment of bills for the I ::;:; i Water Department in the amount of $17,309.17, and for : Guevara :xi i 4 i ; the General Expenses in the amount of $4,733.18, from i Bierce : :x:* ; i August 16, 1960 to September 6, 1960, as certified by i Sonneman i i i x: i : the Director of Finance and approved by the Auditing ; McPherson: ; ; $ ; i Committee. I La Roche i i :$ i : Ratification of the payroll was given for the second half : Guevara i i i x: ; i of August, 1960, in the amount of $13,449.60, as certi- i Bierce l I :x;xi : I fied by the Director of Finance and approved by the : Sonneman ; I ix I ! Auditing Committee. i McPherson jx : ; x! : I I I La Roche ; i !xi i I 'It#: at1 i ADJOURNMENT: I I ::':: I I I !:::I i By motion of the Council the meeting was adjourned to : Guevara ; !XI x: I /::; : Monday, September 12, 1960 at 7: 30 of clock P, M, in the i Bierce !x i { xi ! i Council Chambers. I Sonneman ; ; ;xi i I I : McPhersoni : ;x; i I i La Roche ; i :x! i I !:::I :;i:i ::;:: + ::;:; I I I I i I:::: 'I4 I I I I I I I t I * I i The meeting was declared adjourned at 11:OO P. M. I I ;::;I I !I.!! I1 b I : Respectfully submitted, I I 1 ::iri 4: I 1 !:I:; I I I I ! ! ;:::I l!Il! I !'fl7 #F(/pL ; -jf" &,&&&& ' - _* &- &&' R /iEETxi ADAMS D i Deputy'City Clerk I I 4 I I I I I I I I 4 I : NOTE: Mayo-r-Someman requested 8 correction in i i the minutes on Page 6, Paragraph 6, celeting the wo.rds: i %we have certainly fallen flat on our face", I I t I I t I 1 t 1 I 1 I ,I I I :i::i ;:I:: :*:;I :;I:: *I :I::: ::I:: tal ::::: ;:::: ;:::: :::;: I: ::i:; ::I:: 1;' I/:: ::!I! II I 1 ,I I I I I i:;si : .:, ; 1 1 I I :;I;+ I 1 I I ::::i I ., 'l:ll I * t I ::::; I I !:,!I