HomeMy WebLinkAbout1962-05-15; City Council; Minutes> I : -8'. ''. I : CITY OF CA&LSBAD I Minutes of: CITY COUNCIL (itegular Meeting) i ', '* '8 ", '\,'\, : Date of Meeting: May 15, 1962 i Time of Meeting: 7:OO P. M, 1 of .,+'\O', \?$.>.&$%'. : Place of Meeting: Council Chambers ! Member ,d y'.*.\Q$
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I I I i ltOLL CALL was answered by Councilmen Guevara, I I : Bierce, McPherson and Neiswender. Councilman Hughes! i was present at 7: 11 P. M. Also present were City Manag- ; Slater and City Attorney Zayes, 4 i
: ALLEGIANCE TO the flag was given.
i INVOCATION was offered by Councilman Neiswender. I
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I * i APP8CVAL OF MINUTES: I I I I I I
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I were approved as submitted, : Bierce $ : :xi ; I McPherson : i :xi i
1 (a) The minutes of the regular meeting of May 1,1964,Guevara i j !x: i
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I ; Neiswender: :x :x: : :y*:
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1 s I I t i CO&itRESPQNDENCE:
I I ! I I I (a) aarry L, Zimmerman - re: iZequest for increasd i g sieC height, Letter dated May 4, 1962 from the Rocket: : eon ompany, stating they have submitted plans to the : i building department to install a Hancock sign at 880 Elm i ; Avenue, and were informed by the Building Inspector the ; i height of the sign is in violation of the sign ordinance. i ; They requested the Council to grant a variance to allow : i the installation of the sign at the height indicated on the i : plans. I I
I I I I i The City Manager stated the ordinance allows a 20 foot : i sign, and they are requesting a 28 foot sign. I
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:1::1 1 ;#'I( -1 i After consideration by the Council, by motion of the Coun& Guevara 'x i ix i ~ : it was agreed that the sEocket Neon Company be granted : Bierce I : :x; 1 i permission to erect a sign at 880 Elm Avenue, 28 feet in i McPherson ; i ix i ~
I height. : Neiswender.; !x !x : 1 !
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s (b) Traffic Safety Council re: Request for allocation i i of funds to the Traffic Safety Committee. Letter dated I I : May 8, 1962, from the San Mego County Traffic Safety i i Council requesting that consideration be given for an dl- i : location of funds from the 1962-63 budget to the Traffic : i Safety Council. I I
I The City Manager advised the Council that in previous I : years $25.00 has been co ibuted by the City to the Traf- : i fic Safety Council, and it/ % s intention to propose this i
; same mount in the tentative budget. I 1
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I (c) Carlsbad Chamber of Commerce re: t-quest for i *;;I
:'a: i Council sanction of water ski meet July 21st and 22nd, 1964. 1;;l : Letter dated May 8, 1962, from the President of the I I al:1 ::e:
i Carlsbad Chamber of Commerce, requesting use of the I ::;i : Agua Hedionda Lagoon (area in front of Whitey's Boat : ::;;
i Landing) on the days of July 21 and 22nd, 1962 for the : '11 :::i
:Southern California Open Ski Meet, It was pointed out this! :::I
:I I i is a National Water Ski Association event chairmaned by ! lv:: I the Carlsbad Boat and Ski Qvb and sponsored by the :::;
I 4:: ; Carlsbad Chamber of Commerce, The event is a major i !# 11
:part of the program in celebration of the Te&h Anniversarp :\;a
:of the City of Carlsbad. :::!
I I I I::: i By motion of the Council it was agreed that the Carlsbad iGuevara I :x:x i ;::I
i Chamber of Commerce be granted permission to hold a i Bierce + i :xi :water ski meet on the Agua Hedionda Lagoon on the days : McPherson : I :x: jof July 21st and 22nd, 1962. i Neiswender: i :x{ I b 161 i OBAL COMMUNICATIONS ;*I:
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I t :I:: i MR. FOX, 4215 Harrison Street, operator of Fox's Land-! ;::;
: ing, inquired as to the status of the former police patrol : ;::;
l:;l i boat that he asked to purchase, :#I:
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I ;:::: i The City Manager informed the Council several communi: ;::;: '::I: : cations had been sent to the Civil Defense stating the city'& :*tll r justification to sell the boat. As yet no definite answer i ;:::: : has been received. I ;;4: VI
I I ::ii; i Cmn. Hughes was present at 7: 2 1 P. M. I :::;: I :::I'
I :;I:: I PLANNING COMMISSION I :B:': I I;!:!
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I * I I (a) Appointment to Planning Commission. Cmn. : Bierce stated he submitted the name of Don iiolly at the i i last Council meeting; however, since that time Mr. Holly I ; has indicated he did not wish the appointment as there i i would be a conflict of interest. Therefore, he would like i : to submit the name of Joe Apodaca for consideration. I
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I 1 Cmn. Neiswender stated he would like to submit the name: i of Jane C. Sonneman. I
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!I!#: i The City Attorney informed the Mayor that he should maki ;ai;: ;:
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i Mayor McPherson stated that under those circumstances I :::e, :::::
::'a: ! Council he would like to appoint Jane C. Sonneman. I :::'I
: By motion of the Council the appointment of Jane C. ! Guevara I ;xi ; I Sonnernan to the Planning Commission was confirmed by i Bierce : i ; :$ : the Council. : McPhersonj IIi : :xi :
: the appointment and the Council then confirms the appoint: I; :i:
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i the name of Jane C. Sonneman has been before the Councif. :::I, II i at a previous meeting, therefore, with the consent of the i 1It;l
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1:;;; I LIBRARY: ::::I
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I I (a) Approval of architect for proposed Library I ::::: I ;;;*;
i Buildi . Letter dated May 10, rorn the President I 1:;:;
: that Mr. Robert Melvin be retained as architect €or the ; 1:::: i city library building, with the proper contract being pre- I :;':I
: pared and executed for him by the city, It was pointed ; :;::I
;I:;( i out that seven qualified architects were considered and i l:;l;
: interviewed, and after due deliberation by the Board of : ::;i; I:::: i Library Trustees, combined with the Library Building I ::::; : Committee, Mr. Melvin was their final choice. 4 :::I,
1 ;;$; i By motion of the Council it was agreed that Mr. 8obert i Guevara i :xi x: i i Melvin be selected as the architect for the proposed ! Bierce I ; :xi I
I Library building. i McPhersoni i' i x: j
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IO darlsbad Board of LibrarylFusftees, requesting I ,I:,, i; ' ;-:
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4 : PAL'ZKS AND dEECREATION:
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I * (a) Appointment to Parks and aecreation Commissiorj d i to fill vacanc Cmn. Bier%esubariiIttGd the name of t I : ony ones o the Cove Nursery. He felt he was very well i qualified, and his work in the Spring Holiday event was i : outstanding. However, he would like to point out that ; i Mr. Jones is not a citizen, but will soon be taking out his i i first papers. I
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I I #- i The City Attorney stated she did not feel he could qualify i ;y:i
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I I I I :::I, ;tl:; i Cmn. Hughes submitted the name of Jim Sutherland who i ;::I : lives on Highland Drive. He is an employee of Hughes ; ::I:!
I:;:, ! Aircraft and is very interested in the growth of the Cam- i ::e:; : munity. I ::i:~
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I Cmn. Neiswender stated he would like to talk to the persdn : being considered before he made any decision. By i common consent it was agreed that the matter be deferrea i until the next regular meeting.
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I I ,!SI( L 1 : NEW BUSINESS 1 I a
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I I I I Terms of office for Planning Commissioners. The i i Mayor stated he had not indicated the terms of ofiice for i : the members of the Planning Commission at the time of I i their appointments. I 1 I I I I
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:!!I i The Recording Secretary informed the Council due to the i i fact no terms were indicated at the time of the appoint- i : ments that she filled the vacancies in the order in which : j the persons were appointed, except for Mr. Pearce Davis : who indicated he desired a short term.
i Auditing Committee: Mayor McPherson announced that i
I he had appointed Councilman Bierce and Councilman i Hughes to the Auditing Committee.
i Mayor's Committee: A Mayor's committee was appointe4 : by former Mayor La i3oche. He would like to continue : i this committee and has contacted each of the members to! : see if they would continue to serve, and they have indicated I they would. Mr. La Roche acted as chairman, but due to: : the fact this committee meets during the day, the Mayor : i stated he would be unable to attend, and he has asked i : Mr. bald, one of the members, to act as chairman.
! Wake Up and Let's Grow Committee. Each of the lnembeds ; 'from this committee were contacted and they have indi- ;
i cated they would continue serving. Mr. John Grant was i I the chairman, and he is willing to continue serving as ; : chairman.
: C. A. T. C. committee. The Mayor announced that each I ; of tk members of this committee were contacted and they: i have indicated they are willing to continue serving on this: : committee. Cmn. Bierce is the chairman of this com- : i mittee. 1
i Public Works Commission and Harbor Commission. The i : Mayor pointed out these tw commissioras' have- been in- : I active for a long time. He would like to get the opinion i : of the Council as to whether or not they would like to i dissolve these two commissions.
: The City Attorney advised the Council the only commis- ! : sion that is required by law is the Planning Commission. i
: Cmn. Guevara stated he felt the Public Works Commissi$n i should continue as the city has many projects they could : i assist in.
i Cmn. Neiswender stated he agreed.
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t I Cmn. Bierce stated many of the duties of the Public Work$ : Commission are in duplication of the Planning ComrnissioD. i He would rather have a committee appointed for a particqar %
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i Cmn. Guevara stated he felt by having a commission it t i gives more people an opportunity to join in the progress i I : of the city.
: The City Manager informed the Council the duties of the : i Public Works Commission overlap the duties and functio4 : of the Planning Commission, Parks and Secreation Corn-: : I. mission and in some instances the ?Harbor ,Cammission. i I
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i Ninety percent of the Public'Works Commission's functio+s I::; ;:::
; pertain to en ineering. If dl these functions were carriefl 4:: i out it would ham string" the operation, Upon request off i:::
: the former Council he met with the members of the I :I::
I I a* 1 Public Works Commission regarding the extension of \ :I::
: Elm Avenue and Tamarack Avenue. It was also suggest- : *;:;
:Ill i ed by the Council that the Public Works Commission help! ;I:! : towards the promotion of street improvements by I I ;::: lII8
i "knocking on doors" and talking with the citizens. The i #*It 11
I Commission was reluctant to do this and stated they did : :I@I :::; i not feel anyone connected with the city should attempt to I ;f:: : promote improvement projects. t I ;:::
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! It was the City Manager's opinion that if the city had a ; )((I
i particular project such as sewers, storm drains, bond : :::; ::ii 3 issues, etc., that a citizens committee should be appoint; : ed, and they in turn would make a recommendation to the i :::; ::If i Council. 9 I i;::
I 1 11:; i Mayor McPherson stated he has gone through both ordi- : :::;
; nances setting up the Fublic Eorks Commission and the i jt::
i Harbor Commission and from his interpretation they oved- 4:; :::; : lap and take the powers away from other commissions. I ii:'
I 8 1: I I I::: i Cmn. Neiswender stated that if there is a lack of enthusi: :I;: i asm it could be the fault of the administration. He would: i8l: : like to investigate these commissions and report back to I i:::
I the Council two meetings from now. He felt he could givd 1::: ir:: : an unbiased and impartial report. As to ringing door beas :;:: I he and the Mayor ring door bells that is how they get i !:;a : information. I I pi:
i The Mayor stated he would appoint Cmn. Neiswender and! 1;:;
I Cmn. Bierce to a committee to investigate these two 1 I:::
I commissions, and asked that they report back tu the 1;;l
I ;I;: i Council the meeting of June 19, 1962. I I 1:
I I :i;i i Annexation proceedings €or "East Carlsbad No. 2.2". Tip ::it i;;: i City Attorney informed the Councm Boundary Cornmist- I# ; sion of San Diego County approved the proposed annexa- i ::;;
I tion as to the boundaries, and the next step in the pro- : !:It #;4 : ceedings is to adopt a resolution setting the time and i 11;;
i place for the hearing of all protests and objections. The : I;::
I ;I : following resolution was presented for the Council's con- I ::I:
4i'a i sideration: 1 ir::
i Resolution No. 822. RESOLUTION OF THE CITY 8 I :':::
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Hg CITY OF CARLSBAD DECLAMNG : :i:: i -GS EUVE BEEN INITIATED BY TH$ :SI:
i CITY OF CARLSBAD TO ANNEX TO SAID CITY I I ::::
I;;I i Guevara i ; :x; i i HEiitEIN AND DESIGNATED "EAST CARLSBAD ANNE&Bierce ;x I :x: ~ : ATION NO. 2.2" AND GIVING NOTICE OF THE PBO-i McPherson: ; :xi i POSED ANNEXATION, was adopted by title only and : Neiswenderj ; x;x: ; further reading waived. i Hughes : i :xi
I t ILt i Report on Mayor's meeting: Cmn. Neiswender informed i :::I : the members of the Council he attended the Mayor's meet< 1;;1 I ing for the Mayor. The new Mayors' and Councilmen's i :::;
: institute will be held in Sacramento next week. The next : :;;a :::; i meeting of the League of California Cities will be held : 14;; 81
i next Friday evening at the El Cortez Hotel. Bud Carpent&, :;'I
i Executive Director of the League of California Cities, wilf ;I:$
1;4; i be the speaker, and recommended that all members be i 11::1 ;;::: ; present if possible. The main topic discussed at the : Mayor's meeting was the Port Bill. Cmn. Neiswender ! :::I )!I
:,It; ! recommended that the Council get to the bottom of this i :::; ; bill prior to the next Council meeting. It was stated at i a::;, i the meetingth ere are several inequities in the bill, and ; :;#I'
: that the public would not be benefited. He felt the City : :;!I
I Attorney should check into this bill and he would be happy i !:;I 1:a : to work with the City Attorney from his notes,
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1 CEaTAIN UNENKABITED TEi3RITOBY DESCPEIBED
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! I ::!a: I i Mayor McPherson announced that at any time any of the I i Council members attend any meetings that he is going to i
t ask them to make a report of the meeting to the Council. ;
i The City Manager stated he contacted Mr. Frank Lilley, i i City Manager of Oceanside, who also attended the Mayor'4 i meeting. Mr. Lilley stated the bill has been signed by : ; Governor Brown. Councilman Jones, President of the i i League of California Cities, Southern Division, will be : : appearing before the Board of Supervisors and ask the i i Board to withhold support of this bill until further study ! : can be made. The way the bill is set up now an election i I will have to be held in order to form a district. At the : : present time the bill does not affect the City of Carlsbad. i
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I I I : OLD BUSINESS
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1 * I I I I i The following ordinances were presented for a second i I reading by the Council: b I I I 1 I
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I!'l! i Ordinance No. 3051. AN ORDINANCE OF THE CITY i Guevara ; !x :x: : ['*I;
: OF CAKLSBAD AMENDING OitDINANCE NO. 3025, i Bierce x; :xi : i SECTION 2, BY ADDING SUBSECTIOH (h), &ELATING : McPherson i ; :x: :r : TO THE TESTING OF UNMUFFLED ENGINES, was i Neiswender: ; :x: : i given a second reading by title only and adopted. i Hughes : : ;x: 1
i Ordinance No, 3052, AN ORDINANCE OF TBE CITY ! Guevara b ; !xi :
I OF SECTION 13522 OF THE PENAL CODE ItELATING i IVIcPherson i i :xi i ; TU TIMINING OF LAW ENFORCEMENT OFFICERS, : Neiswender i :xixi ; i was given a second reading by title only, and adopted. i Hughes 4 : ;x: !
I I I* i Ordinance No. 3053. AN OBDINANCE OF THE CITY ! Cuevara ; ixix! i
i &%$y?:&THING OF CEitTAIN SUBSTANCES, was i McPherson i i !x! i : given a second reading by title only, and adopted. ; Neiswender !x : :xi :
8 t llil i CITY ATTOBNEY'S REPOBT:
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I CARLSBAD, ACCEPTING THE REQUEXEMENTS i Bierce ; i ;x: i
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I D, PRGHIBITING THE INHALING, DiUNKiBierce : : tx: ;
I I i Hughes I i !x! i
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! Proposed high pressure fuel line. At the previous meeting i the City Attorney reported on a proposed high pressure ! : fuel line being installed down El Camino Real. In responsb I to the City Attonney's letter requesting that this matter be! : deferred, it was agreed that a meeting be called by the ; i City of Carlsbad to further discuss this matter. I I b I I 1 I i Lease of City Property. The City Attorney informed the 1
i Council a meeting was held with Dr. fackard, and one ; i question was raised as to how long the City could legally i : lease property. Section 37380 of the Government Code ; i provides that the City ky lease property up to fifty years! i Section 37395 provides that a lease for commercial devel-; : oprnent can be negotiated when the governing body deter- i i mines the property is not needed for municipal purposes. 4 :
i Dr. Packard was present and stated there were several. I : questions asked at that brne and he would like to clarify : i some of the questions asked. A floor plan has been sketc4- : ed and they would require 2700 square feet for the building, i with the remainder of the land being used for parking area: : They propose having three dentiets, two laboratory tech- i i nicians and five auxiliary employees. The cost of the : building is estimated at $45,000 and equipment would be i I approximately $52,000. They can receive bank financing i : for the building, and if necessary the>? can receive 100% : i financing on the equipment.
i Dr. Packard stated due to the cost of the building and i ; equipment they do not feel they could consider anything ; i under a 40 year lease.
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I 1 ;!!*! I I li:!i I The City Manager stated discussion was given as to the i : amount of the lease, and also the increased valuation of : i the property over a period of years.
i After considerable discussion it was agreed that the corn-: i mittee meet again with the Doctors, and that a draft of a : : lease be prepared based on a 30 year term, with a 20 yea4 i option to renew; that the rental value would be based on : ; the market value of the property, which is to be deter- : I mined by multiplying the County Assessment value of said! : property by five and the lessee's rent will be based on i 1 670 of the said market value. Each time the land is re- : : assessed by the County Assessor the rent will be redeter: i mined based on this formula. The lessee will pay all : ; taxes and assessments levied against said property. The I i design of the building shall be approved by the City Councy. ; A provision will be provided that the lease may be assign@ i with the written permission of the Council. All improve- i : ments will revert to the city at the end of the thirty year ; i lease period.
i The City Attorney stated she wished to apologize for not i : having the work requested completed as she has been in f i trial for over two weeks in Fullerton.
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"::: i:::' ! l!!I! i At the previous meeting a Mr. Bowling was present and i i made a complaint regarding the speeding of cars on I 1 ; Yourell Avenue, and that fie had made a complaint to the i
i Police Department on several occasions, but no action ; : had been taken. The City Manager informed the Council i : he checked into this matter and the Police Department : i submitted a report on their investigation. The report shojv- : ed the owner of the vehicle involved was contacted, however, ; the Police Department failed to notify Mr. Bowling that a I i formal complaint would have to be picked up at the Police : : Department and filed with the Court. I
: Carlsbad Municipal Water District re: Improvement i lbistricts for sewerage programs, There have been publ? : meetings held with the Buena Sanitation District and propq- i ty owners in the Agua Xedionda Creek and the Canjon de i : las Encinas, regarding sewerage facilities for that area. : I After considerable study it was determined that the : Carlsbad Municipal Water District make a study of the t i formation of an improvement district in this area, which : i line would hook into the proposed Carlsbad sewer facilitieb. : The City is in receipt of a letter from the Carlsbad Muni-i i cipal Water District, dated May 2, 1962, stating they were : now in the process of studying this area and preparing the: i legal description and boundary map, and requesting the : ; City of Carlsbad to consider the advisability of including i i the Calavera Lake property in the description.
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i Lake property should be included. By motion of the ::;I : Guevara ; 1 : ' ;xi ; Council it was agreed that the Letter from the Carlsbad i Bierce x; !x: l Municipal Water District be answered in the affirmative : McPherson i : :xi i as to the Calavera Lake property being included in this i Neisweader: i x! x: ; survey. : Hughes ! i :xi
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I Request for stop signs. A request has been received fro+ ; the Police Uepartmetltto have a stop sign installed at the : i southwest corner of Beech Ave. and 3oosevelt Street. I
{ Also a request has been made by the Police Department i : and the Fire Department to restrict parking on Ocean 1 i Street to one side of the street only, due to the fact Ocean! : Street is so narrow. I
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t . *a. t I 1. I ::I.; ;:i ! By motion of the Council the City Attorney was instructed i Guevara :x! i xi : i to prepare an amendment to the ordinance in accordance i Bierce f :xid ; I with the recommendations of the Police Department and t McPhersonI : ; 4 i ; Fire Department. i Neiswender: i I X: ;
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I 4 i Request by the San Diego Gas & Electric Co. to prohibit i
i Kanager informed the Council a letter was sent to Mr. i : Devore of the San Diego Gas & Electric Co. concerning ; 5 the existing condition of the middle lagoon. In response i : to his letter they have requested that the City of Carlsbad: i adopt an ordinance prohibiting power boats from using the: : middle lagoon. b !
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1 ;;;;; I By motion of the Council the City Attorney was instructed I Guevara ; :xi XI :
I prohibiting power boats and skiers from using the middle : McPhersonf ; i xi : i lagoon. i Neiswender: i !x: i
i to prepare an ordinance for the Council's consideration i Bierce :xi :x: ;
I ' ; Hughes f ll..I I ;xi : I I
1 ! Mr. Fox, operator of Fox's Landing, asked if this or&- ; i nance would prevent him from using his motor boat to i i clean up the properties along the lagoon. I f
I It was agreed that a provision be made in the ordinance to: ; allow a clean-up boat in the middle lagoon. I
i Employment of clerical help for Building Department. i i ?he City Manager informed the Council the Building De- : : partment is in need of clerical help to work up building i 1 permits, due to the fact he is out of the office the majorit$ : of time making inspections. It was pointed out that pre- I ! viousfy the City Manager was given authority to employ I : additional help to assist in the Building Department and : i the Engineering Department, however, this position did i : not materialize. I 1
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a,!*! i BY motion Of the Council the City Manager was authorized; Guevara i !X !xi : i to employ extra help for the Building Department. I Bierce 3; ;x: i
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I i State Division of Highways Agreement. The Agreement i I has been received from the State Division of Highways I : concerning the interchange at 33 Camino Real and Vista ; i Way. There will be a report made on this matter at the ; : next Council meeting. I 1
! Mr. George Geiger of Qceanside has extended an invitatiob i to the members of the Council to attend 2 luncheon on I I i May 17, 1962. The speaker will be the Attorney General, i ; Mr. Stanley Mosk. I
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4 I I i Cmn. Neiswender inquired as to when a report would be : i received from the Engineering Department as to a suitabl; : building to place a sign on to identify the City of Car1sbad.I i The City Engineer informed the Council he would try and : : have a report by the next meeting. I 8
i Cmn. Neiswender asked if something could not be done i i about cleaning up the property on State Street at the entrartce : to Carlsbad. The City Manager stated he would check int4 i the matter. I I 1 Cmn. Guevara asked about the State painting the rails alodg ; Carlsbad Blvd. The City Manager stated a letter was i i sent to the Division of Beaches and Parks regarding this : ; matter, and a letter was received back stating they were : : referring it to another department. To date nothing furth4r i has been received. 1
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I It was agreed that a letter be sent to Mr. Dewitt Nelson, i '::::I : Director of Natural Sesources, with a copy being sent to i :ii;;
: Parks in San Clemente, California.
: LZATIFICATION OF BILLS AND PAYhOLL:
f datification of the payment of bills was given for the i general expenses of the city in the amount of $57,253.86 i Guevara I :x;xi i I(I 1
: and for the Water Department in the amount of $9,986.40, i Bierce :x: ;si 1 I for the period May 1, 1962 to May 15, 1962, as certified : McPhersoni : ; ~ : : by the Director of Finance and approved by the Auditing i Neiswender: : i X: i I Committee. : Hughes I ::;+ I l l
I I ;::I: i Ratification of the payroll was given for the first half of ! Guevara ; i ; 4 i i May, 1962, in the amount of $14,605.85, as certified by i Bierce : :x:x; ; ; the Director of Finance and approved by the Auditing : McPhersoni I I x; i
i Committee. i Neiswender: : ;x: 1
i ADJOU3NMENT:
i The Council was informed the next regular meeting would! ;l:;l i be June 5, 1962, however, as this would be a legal holidas :*I:;
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; due to the State election, the meeting should be adjourned i :I!;: i to Wednesday, June 6, 1962. I :q:
i By motion of the Council the meeting was adjourned to i Guevara ,:::I I l l X: : I Wednepday June 6, 1962, at 7:OO orclock P. M. in the i ~ierce ; Council Chambers. ; McPberson I ; ;x: i
I I IS ot:1 i The meeting was declared adjourned at 8:55 P. M.
: LZespectfully submitted, L I :+:
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