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Home My WebLink About1961-09-05; City Council; Minutes- .a .. B I i' , s8 -t ', 's -8 * I : cxm OF CAilLS3N i Minutes of: CITY COUNCIL (Rcguiar ?ieetir,s) a '%, '\ \, \ 8 ' ;Date of Meeting: September 5, 1961 i Time of Meeting: 7:OO POI% i Of '$?&@8,*,4?@ ~""""""""""""""~"""""""""""~""""""--""-.""~"----"-"-"-"- I Place of Meeting: Council Chambers I Member *$ @&? '""7"; ic 8 t8 \8' I l I '., '+, ' .8 '*,'*, %E4 i Na me '",&$ji.8 't,, *,$ 8 88 ',Q' '. 8*& a,. b I i ROLL CALL was answered by Counc ilmen Guevara, Bierce, La i i Roche, Sonneman and McPherson. Also present were City i ; Manager Slater and City Attorney Hayes. t I ! a I ai;:: jl::; ;:::I ;If:I ::::I a!!!: a I a : ALLEGIANCE to the flag was given. i fNVOCATIOM was offered by COwlCilWOman Someman. : APPROVAL OF MINUTES: i 1961 were approved as corrected. i ~ierce b i k i 'ii'~ I I l 1:: :: I :::;; a I I !;I:; /::; I I ' I ;:::; I::;; I (a) The minutes of the regular meeting Of August: 15, t Guevara ' ' 3( i ' I t I I $ 1 *;;I 1: I a 6 :I ? ! La Roche ; ! 8 : i CORRESPONDENCE : I I i Sonneman i ' jt : i McPherson I k $ i I t t (a) Robert P. Bart01 - re: Claim for water damage. I ;:;a I ;*li i Letter dated August 15, 1961 from Robert P, Bartol, 5310 i a ;: ; Carlsbad Blvd, Carlsbad, California, Submitting a Claim : Guevara ' i x ! i to the City in the amount of $200.00 for damage to prop- I Bierce $r ! B i i erty, plants and lam due to constant breaking Of water ; La Roche ' : x : : line, BY mation of the Council the claim wss denied and i %xm@mn 1 k b i i the matter referred to the insurance carrier. ; McPherson ; i X : I I:!! a I 1 I 4 (b) H. 0. Sylvester - re: Drainage ditch at Highland i i and Chestnut Avenue, Letter dated August 29, 1961 from ; H.O. Sylvester, Route 1, 3546 Highland Avenue, Carlsbad, i i California, stating that as owner of property at 227 I Chestnut Street, he was interested in the City's plans re- I i gardfng the drqinage ditch to the rear of the property ; : which,due to the fact that it is filling with weeds, pre- i i sents a health problem from standing water. i The Mayar with the consent of the Council instructed this i 1 matter be.referred to the staff for study. I I I I a I I I a I I I I I 1 I l a I (c) Lloyd F. Bader - re: Storage of lumber on Santa i i Fe Railroad property, Letter, received August 22, 1961, : : calling to the attention of the City Council the dangerous i I situation that exists between Grand and Elm on the rail- : : road property, He stated that despite the fact that the i i greatest vigilence was exercised to protect their students: : and other youngsters to keep them from plzying on the lum- i i ber stacks that are stored there, unguarded and unfenced, i i they.stil1 persisted in playing there. He hoped the City ; ; could devise some method of protecting these children, I I t I I ! The City Attorney advised that this property belonged to \ i the Santa Fe Railroad and that it was their responsibility.; t a I t I I (d) Carlsbad Municipal Mater District - re: Pplicy I i statement concerning water service, Letter dated August 14 ; : 1961 from Carlsbad Nunicipal Water District, signed by i i Allan Kelly, President of the Board of Directors in which ; 't their water policy was stated to the effect that the Xun- i i icipal Water District would provide agriculture water to ; ..I properties adjoining the District transmission lines, I provided that: L J I l a 8 I I I I t I (a) There is no water service available from the City i i of Carlsbad. I l 8. a I ' t I (b) The consumer water service shall be a P9 or large? I service, i In the event domestic water service through a meter less i ": than 2?; is desired, .the property owner shall receive water i i service from the City of Carlsbad, i A considerable discussion ensued in which the Carlsbad :Nunicipal 'vdater District's interests as opposed to the i . i City's interests was considered. I I I I I ". I + I ' I * ' I 1 I * t 8 I I i INSERT - See Page 4 I I I I I I I :si; (*I1 SI:; ;:I* ': i I :a )'SI :i':: It:: :I I 4:; :;*I ;I:* I::! ;::; ;:I* I;@: ala1 ii:: :@ i:i: I:;: ;::: :i!: ::a: I::: 1;:: :;;i ::*I /:: ;: be!! ;: * I*;: :: ,; I::; ::;i [I:: i::: 4;:: ;;;: ::;: 1: ** 8"l 8;' ,:'I ;'* 1'8: i;;* 4;;: :::: i : ; :a, I j I :' :::: ;;!i ;::; ;::I ;:': I:: 1:;: ::;: :;:: i;:: lI:; ;::; ;.i I: i:II 11:: ::I: $1 I 'I *;+: lt!! I I i:!; < P I 1 I ; ', .. ' \ ', -, I a I I I 'x, '+, 'y.,;J 12 I i N a me 8b8, '\?4, 't, $&' I f Member .p,$$pj&,;?+ I I I 4 t ,' I 1 :j ?~2 I 8 ', 't, "\,'8 '\ .' '4 ,o 'Q ,,N '4 ; j--~-;--: ::;;: :I,:+ :;;;: 4 I 1::;: I I 4 :::i: 4 (e) Terramar Association .. re: civil Defense warning i I ; of Y$*O'. ' :""""""""""-"""""-""".."""""""-~""*..-~""""""-"~""""""""" : By comn consent of the Council the City Attorney wcs i ; instructed to make a study to determine the feasibility i : of the City's taking over the Municipal Water District to ; I:: ;I 1 provide water to everyone. I B: I I I 1 I ::;I: ; system for Terramar erea. Letter from Terranar Association; ;:1:t i dated August 25, 1961, enclosing a petition with 50 sign- i i atures requesting some action be taken on the part of the : :11:: *::*I i City for the immediate programing and installation of an I i:::: : adequate civil defense warning system, I 1:::: I I ::::: Ill1* "U iriii I I 1 I : The City Manager stated that he had talked to the Fire i i Chief about the cost of this warning system and that the i I facts and figures on the matter would be forthcoming. 1 I I I li"; :;::; i:::: ,la:; :::;, I,:II l!!I! a I I ? I I t I I I C.H. PATTERSON, 3521 Ridgecrest, Caslsbad, stated that he : was present to inquire as to what progress had been made I about removal of the structure bounded by Lineoh, Oak i i and Carlsbad Blvd. as the period allcwed by the Council i : for the removal of the structure had expired by some ; three weeks. I I I I I I 4 1 I s : After considerable discussion by members of the Council, i i the City Attorney and the Building Inspector, it was : decided that the Engineering Department should survey the i t property and the City Manager was instructed to make a i : report to the Council at the next meeting. * I I I 8 I 1 4 : The Mayor brought up the fact that the sign south Of the ! i City advertising Carlsbad is almost obscured by trees, The: I fact that it is on Mr. Eckes property and it is up to the : i people who put up the sign to move it, was pointed out, i i and it was stated that this was being done. I I I I I I I I 1 I # I (a) gity participatim for Tamarack Avenue street im-; i i provement in Tarnars.k Illanox Subdivision. The City Engineer: : presented an improvement plan for Tamarack Manor to the ,i i Council and stated that City participation in this would : ! be $255.00 in order to bring it up to major street spec- i : ifications. I * I I ENGINEERING : 1 I 8 I * i I i By motion of the Council it was agreed to accept the plan : : as submitted, I : Councilman Bierce brought up the matter of having side- i i walks contiguous to curbs and thus eliminating parkways. i : After considerable discussion on this matter, by comn ; i consent of the Council, it wqs referred to the Public : f Works Commission, and the City Manager w4s. instructed to i i work with this Commission and the City Engineer as a : Commi t tee. ; The subject of arousing interest in street improvernents i i with City participation was discussed at some length and : : the City Eanager was instructed to write a letter to the i i property owners in the Jefferson Street Improvement Dist- : : rict svplaiaing in detail the way streets may be improved I i with City participation. : A short recess was called at 8:OO P.M. The meeting recon- i : vened at 8:15. 1 I t I I I I I I I I I I I I I1 !I !I I I I I * I f I I I t 1 I (b) _Interim repcrt on Pacific Avenue sewer and water I i bystem improvements. The City Engineer reported that all ; i the property owners are willing to participate on a cash j : basis. He stated that the Engineering Department would i : start the project as soon as possible, f I I t s I 1 * I I I I 1 I I ! 4 I I $ I I I 1 :i*'i #;::: 8 !:I;! I ;I :;:: 1;:: i: a;: I 1:i; :;'I i::i #;:I i:ii ::;i I: I I i;:: ::;I I::: :::; ;:;; ;::; :i:: 41:; ::;I ::;: ::::, ;ti: ::*: l')I Itan ;a:: Guevara :X! :Xi Bierce : :X:X: La Roche ; : !X: :I Sonneman ; i :X! McPherson i : !Xi ;::a '1: :::: ;::; :::: :::: ;: llii ;::: ::;: ::I; :::; :!:I ,;:! i:;i :I:: ::;: ::;: ::;:, ::'I ii:; :I:: ;::: ;::; :::: ;;:I t ;: ::;: :!I: :!4: I' ;I::; ,::;I I:::: :;41; l4:: ;::: 11 11 ii:: I 11 I* ;1:1 ,If' - 0 I 1 1 I l e.:;=- I 1 1 I t I I -\, '\ '\ -. -*8 ', '8 '8 '\ '*, ', 's8 21 '\ \ '8 8, ' '8 " '\\ '. ', '8 \ t i tr:a me '8 '*%, '\, \\4 8$$, I i Of ''$oh$&\ \,L\O\+ 8 +$ \5p 4 1 I :a:: I::: I 1 I Member \%@8+9' :"""""""""""""""""""""""""""""""".."""""-."""""""""""i" I I ;.; 1 1 : OLD BUSINESS : 4 86;: ;:I; : Letter from Aleatha W, Vaughn, 3366 Pia Pic0 Drive, Carls-i l:*I : bad, California, in reply to the City ManagerDs letter of ; j August f'lth, and containing a counter offer on her prop- i 1::: :;:: i erty. Terms: Purchase price, $35,000.00, $8,000.00 down : ;I :a i payment; City to assume a 1st T,D. of record in the app- : 1: :::I i roximate amount of $2,400.00 with La Jolla Federal; bal- : ::;: i ance in form of a second T.D. at 6% interest with monthly i i payments agreed uymb Buyer to assume all assessments and ; @;,1 I::! i the usual pro-rat ion of taxes and insurance. She offered i ii:: I to deliver a 10 year guarantee on the.water heater and i i::: I roofing and asked for 6 months occupancy of the house and : ::I) :: i shed for the 6 month period from the close of escrow, free: 1::4 : of cost to her. House to be delivered as is, :x:: b;tl !I,! I I 1 81 I I i:;: I I I I I I I ; By common consent of the Council it was agreed to have i i another meeting on this matter before-making a decision. i I 4 t + I I I (b) Second reading of Ordinance No, 9120 - Amending i : Ordinance No, 9060, changing certain designated property ; i from Zone R-P to Zone C-2, in the City of Carlsbad. : Ordinance No, 9120, AN ORDIbJANCE OF THE CITY OF CAiitSBAD I I AMENDING ORDINMCE NO. 9060 CHANGING CERTAIM DESIGNATED i : PROPERTY FRCM ZONE. a-P TO ZONE C-2, IN THE CITY OF CARLS- I i BAD, was adopted by title only and further reading waived.: t I 4 I I I I I I I ? & t i PARKS AND RECREATION COMHISSICN * # 8 1 I I I J Letter from Parks and Recreation Commission dated August i : 25, 1961, stating that at the regular meeting of said i Commission a motion had been passed requesting the City i i Council to accept as a part of the City street tree ordi- ; i nance, the boxed trees in the downtown area and that they i i would circulate the necessary release forma to transfer : : tftle from the merchants to the City. It further stated i : that the commission of the present chairman, John A. i McKaig had expired on August 8, 1961 and a motion had been! : passed requesting Mr. McKaig's name be submitted again for; : reappointment in view of the excellent job he had done. i ! It was reported that Mr, McKaig is investigating the matte; ; of the boxed trees and would make a subsequent report. i The Mayor stated that Pir. McKaig had informed him that he i : did not care to be reappuinted and appointed John T. i Palmer, reconmending him highly for the position. 1 1 I 4 4 I * I I I I I I I I I I I I I I 1 :::: :;I1 1::' ::I: ;; :'@I 1::; ;:t: I*;: ;:I, $#I* :::; Guevara : i XiX! Bierce !Xi X: La Roche i : !X! Sonneman : : !X: EkPherson i i :X! ;:;i 41; I;;: ;l:g ;:;: ;;;: ,I I( ;::: I I II :::; 14: :::: ::I; I::: ,;:I :;;: I!:: :::: ;;I1 iy: I::; :; ::I& :;:: ::I$ :;:: -. 8 I *I I 1: 11 It I.!* a : By motion the Mayor 9s appointment of John i Guevara i i Xi Xi i T. Palmer the Parks and Recreation : Bierce :xi :x: I Commission was approved. i La Roche I : !XI ; CITY ATTORhZY t S REPGRT : 1 McPherson i i :Xi r I 4 1 ; Sonneman : : I :x: I I I:.! :I I I 0 I : The City Attorney stated that in connection with the i third law suit brought by Western Counties Development, : : Corporation, et a1 vso City of Carlsbad, et al, an -answer I i will not be filed until the City is properly served, : Findings of fact and conclusions of law for five causes i i of action for mandarnus in the first law suit of Western : : Counties Development Corp., et al, vs City of Carlsbad, i : et al, have been completed. The judgement is ready to be i i signed. In the 6th cause of action in the first law suit : : a demurrer has been filed. : Condemnation proceedings. The City Attorney reported 3%. i I Whitehead had contracted hedabcut the corderw?.!:ion on the : : corner of Beech Street and the amouat he WRL risking was ! i $250.00. In view of the appraisal ef $l-6CeW~ 'a2 :*?a8 i informed that the City cou?.d not ~.zctzpf thjs 05fc;:~ 'i'k i 4 I I I I I I I I I I 1 t 1 L 1 I I I I I I I I I I ! 6 pa;; i::; :;;: 1;;l ;11; :;I; l:;l ;1:1 l;a; 81:' ::a; I:,~ :' 1::~ ::; i:: ::: ::: ;:: ;:: ;:: ::: '1' e'( 1'1 I' : ! I" ;:: ::: )I? .I .:! 1;: I I I I I I I I I I I I t I I I I 1 1 t t I I I "'A * :""""""""""-"""""""""""""""""""~-~"""-"""-~- I 1 I D: : improvements on this property have irr,proved the vqlue of t ; his property at least $750,00 according to our appraiser, I : It was felt that the property owners should be encouraged ; I to improve the property with an alley if, upon investiga- i I tion, there is sufficimt room for one. t ! I I I ; CITY MANAGER'S REPORT: ! I 1 t I I I I : A letter was read from the Shoreline Planning Association i i stating that they had not had an indication of the City's I : reaction to the scope and purposes of their new organiza-. ; I tion and requesting that this matter be presented to the i : Council so that they might know whether they could count : : on the support of Carlsbad's City Council, ; The City Manager stated that he would write to the Shore- \ i line Planning Organization for more information as to the i : scop and purposes of the organization. : The City Manager was instructed to look into the matter i i of the surveying of the small triangle of property just i ! south of the intersection of Carlsbad Blvd. and State I I i Street whi.ch is the proposed site for the permanent Chris-! : tmas Tree. I I I I I I I I Z 1 I 1 I 4 I I L I I I I : RATIFICATION OF BILLS AhB PAYROLL: I 4 I I I I : Ratification of the bills was given for the general expen-: i ses of the City in the amount of $19,844.58 and the Water i i Department in the amount of $15,192,03 €or the perid of : ; August 16, 1961 to August 31, 1961, as certified by the : i Director of Finance and approved by the Auditing Committee; -i Ratification of the payroll was given for the last half of! ; August 1961, in the amount of $14,443.60, as certified by i i the Oirector of Finance and approved by the Auditing Corn- ; : mittee. I I * I I I I ! ADJCURNbENT : 6 , I t I I 4 1 I i By proper motion the meting was adjourned at 8:40 P.M. : i Respectfully submitted, ! b I I I * I . I I 4 I I 4. )\ ~-" : J.\ :3 PRICE t I 1 I b I I I I City Clerk t I I 1 I I I I I 1 I a I 9 I I I I 1 8 I a i INSERT for Page 1. Cwn. Sonneman inquired as to th< : feasibility of the acquisition of the Carlsbad Municipal i i Water District. 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 1 I 4 I I I 1 I * I 4 I I I I I I 1 I I I I t' I I I I I I I I I I I I I I I t ! I t I t I 1 I I 1 i I I I 1 I I J 8, -\, ', -\ * ' , \\\' 'x, '\, 'x, '8. '+,I f_ 4 \*\' \\ '\ ', '\ '\ '\ N a me '\, '\%, '\,,'*& :;;j i::: 4:; ::;I I:;: I:;; :::: i::: :;;: :::: 11:; iy: 11 i;:: 1;;; ::I; i::; ;:I* :;ii :::: ;;:I $1: ::i: :; * ;;:: I I.! i ::;: ::it ::I: :;:: I;:: l*:1 ::I: :;at 1:: of %@+,$$$ Member \,0\4\.p\p\d """""""-""""" ltIl 1(11 It Guevara !Xi ;X[ Bierce : :x:x; La Roche ! i !XI Sonneman ; i :X; McPherson i ; !Xi ;::; Guevara : iXiX: Bierce i ; :X: La Roche i i :Xi Sonneman ; ; ;X; McPherson :Xi !Xi '84) i::; :::; ;:#I ;:;: 11:' :::: ;:I: ;::; :::I ;I 4 1:;: 1::: :;:: 11:; ::;; ::;I ::;: :I;: if:: ;::: ;::: 4:: :;:: 11:; :::I :::: i::: ;I" I :: ;::; ;!'e :: ::;; ::;; i::: 1:;; ::;I ;;;: 0;: ;: 1:: :':: il:: :;j: iiii tal; a ::a1 ;I :*I: 't 11 01