HomeMy WebLinkAbout1965-05-18; City Council; Minutes.I I I' , 8'' \' I I
iC.1 TY CF CAdLSBAD
:Date of Meeting: May 18, 1665 . ', ' i Name *\, '! I Time of Meeting: 7: 03 F, M. : of '9 !Place of Meeting: Council Chambers i Member
;2tGLL CALL was answered by Councilmen Dunne, Neis- : jwender, Atkinson, Hughes and Jardine. Also present . [ :were City Manager Mamaux, City Attorney Wilson and ;
!City Clerk Adams, i I
iINVGGAT1 CIN was offered by Mayor Atkinson.
!ALLEGIANCE to the Flag was given.
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~APP:FLOVAL OF MINUTES: I I
I @urine I< a) Minutes of the regular meeting of May 4, 1965, were iNeiswender :approved as presented, :Atkinson
I : Jardine
I I : !Hughes
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!The Mayor recognized a letter addressed to the Xayor and! !members of the Council dated May 17 , 1965 , signed by i
!Marie & Charles Nissen, Ruth E:velyn Simpson, Emil 6, ;
;OfBryant and J. R, Buckner, extending their sincere thank4
ifor the prompt action taken in having the shoulders on Qak i !Avenue repaired to their satisfzction. 1 I
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I i 8 :CL~AL CCMMUNICATIBNS: I" t I 4 I :M&. A, B, SPASKS, 2747 3ighland Drive, stated he was i
!appearing here tonight concerning a portion of his land the I :City wants for street purposes in relation to the extension ; !of Las Flores Drive.
:The City Attorney informed the Council Mr. Sparks is be- : iing asked to give a larger parcel of land than the other pro: jperty owners. The City had the property appraised, and i :the property was appraised at $500. GJ. I I
:Mr. Sparks further stated he felt that $800. OS was a fair i
jwould be taking is 2, 663 square feet. i3e is 'willing to give: !
:5 feet along the right of way, which amounts to over 60U i :feet. This means the City wants an additional 2, G30 feet. :
I The Engineering Department presented a plat of the area i :involved for the Council's consideration. t 1
!After further discussion the Mayor informed Mr. Sparks i
jne felt it would be wise for him to have an appraisal made I
:of the property. Tne Realty Board would recommend an I !appraiser, and when he receives the appraisal to bring it : :in to the Engineering Department. : t
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knarket price, The amount of square footage the City I
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:(a) Aesolution of Intention #1128 - 1191 Act Proceedings - i
:Stratford Lane - A. D, 1-1964. :-- I
!The Mayor announced the hour of 7: 313 P. M, having arrive$ :this was the time and place fixed by this City Council for : !hearing objections or protests on the proposed Work, or i :the extent of the assessment district, or on the proposed : :grades under the desolution of Intention, No. 1128, pro- i jviding for concrete curb & gutter, drainage structures and: ;appurtenances, concrete pavement, concrete sidewalks, i :sanitary sewer main with sewer service laterals and ap- : :purtenances and water main with appurtenances in Strat- I :ford Lane in its entirety. I 1
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:.The Clerk presented the Affidavits of publication, posting i :and mailing, and the Council ordered the same filed. I I
:The Mayor requested the Clerk to read all protests that : jnad been filed. 4 b
:The Clerk presented the following letters of protest:
!Letter dated May 3, 1965, from Galen D. Nornhold and i Il'ressie B. Nornhold, protesting on the grounds that all :
ithe property owners would stand to gain except Vir. Per- i :aino and themselves; that he has no inaccessible or land- :
!locked property; that he now has square footage for 5 I I :large lots and after the proposed street is constructed he t
!will only have 4 lots; he will stand a financial loss while ; ;the others make a financial gain; and this problem could i !have been remedied by a zone change. In closing Mr. 4 I
iNornhold further stated he objected to Kesolution No. 1128: :creating Stratford Lane without proper adjustments and ; :reimbursements. $ I I
!Letter dated May 18, 1965, from Anthony Peraino, 2890 i :Fio Pic0 Drive, stating he objected to that certain Notice : !of Improvement iZesolution No. 11 28. I I
!The Mayor announced the Council wou Id now hear from all J jpersons or their representatives who have filed written : ;protests. I I
!MR. NO~WSIOLTS, 2677 Jefferson St., stated he had studie4 :the plan presented by the Engineering Department, howeve&
$e is unable to see how there is sufficient footage for 5 i
!lots. If a development came in and developed the land he i !would expect to pay for the land, therefore, he feels he is ; :suffering the loss of land. Se purchased this property for :
;an investment, which certainly has a potential, i. e., hotelf :motel or medical center. The City is asking for 5203 feet :
;of his property and he feels he should be reimbursed for i !more than the cost of the improvements. 1 I I
:The Engineering Department presented a design of the pro! :posed street and also a plat of Mr. Nornhold's property. ;
:After reviewing the plan the Mayor informed Mr. Nornholdi jthe City has come up with a plan for his property showing i
:Cmn. Dunne inquired as to what amount had been offered i !Mr. Nornhold, and if this strzet were not put in would he i
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:Mr. Nornhold stated the City had offered him $2, lac. OC ! !and the assessment will cost I2im $1,900.00. As to the i Five lots, Mr. Nornnold presented a drawing that had been : :prepared by him showing 5 lots. I 1
i@mn. Dunne asked Mr. Nornhold if he had had an appraisag :made of his property, and Er. Nornhold stated he had had : :two real estate men appraise his property at $4,530. I I
;The City Manager pointed out that in order for Mr. Norn- i :hold to divide his land into 5 lots he would have to come i !under the Subdivision Act. * I
:The Council inquired of the Engineering Department as to i Fhat effect the widening of the Freeway would have on Mr. I Wornhold's property.
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;be able to divide his property into 5 lots? I I I f
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:The proposed line of the Freeway was shown on the plat I :map, indicating that it would take approximately 4ij% of ; :his property.
iCrnn. Dunne stated he felt that if Mr. Nornhold could not i ;work something out with the Cik, the matter would have 4 ;to go to court.
!The Mayor declared the public hearing closed at 7': 54 P. M.!
:The Engineer of Work reported that written protests and i :objections had been filed with the City C.lerk by the owners;
!of 6.77% of the total area to be assessed for the improve- i :merit. Mr. Peraino will have a nil assessment even !though the City will be taking 5' of his property, and an ap: :praisal has been made of the property.
:After further consideration by the Council the following : iresolutions were presented: 1 *
iResolution No. 1150. A i3LSGLUTION OF TEE CITY bunne
~COU~CIL OF TRE CITY OF CARLSBAD, CALIFCitNIA, peiswender
!MAKING FINDINGS AND CVESRULING PAOTESTS AND p.tkinson
!CBJECTIGNS, Assessment District No, 1-1354, was pughes !adopted by title only and further reading waived. gardine
:&esolution No. 1151, A LZESCLUTICN OF Ti33 CITY I I
kCCl'ifSTiUJCTION OF CEi3TA-IN ST2EET IMPdCVEMBNTS mnne &ND G3DERfNG POSTING AND PUBLICATIGN CF Ne;" peiswender :TICES INVITING SEALED PSCPGSAILS CR mES, Assess- Ptkinson {merit District No. 1-1964, was adopted by title only and pughes further reading waived. gardine
ktesolution No. 1152. A i%ESCZUTICN OF TSEE CITY Punne $32UNCIL OF TIiE CITY CF CARLSBAD, CALIFCdNA, beiswender DIhECTING THAT CESTAIN STREET NORK BE. DCNE Atkinson
PNDEB, THE DIRECTIGN AND TU THE SATISFACTICN gughes OF THE ENGINEEih OF T;jiC.iZM, Assessment District No. 3ardine
\1-1964, was adopted by title only and further reading waive&
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I I I I I :(b) (Continued) atesolution of Intention #I 120 - 1911 A.ct I Froceedings, Terramar Sewer District - A. D. 2-1964. :The Mayor announced this hearing had been continued from; IE',prit 25, 1965, and this was '&e time and place fixed by thik city Council for hearing objections or protests on the pro- i
posed work, or the extent of the assessment district, or i pn the propcised grades under the i-tesolution of Intention :
$1 120, providing for the construction of sanitary sewers i iznd appurtenances. I I
khe Clerk presented the affidavits of publication, mailing i
bnd posting, and the Council ordered the same filed. I t
The Nayor requested the Clerk to read all protests that I had been filed. t 1
Mr. Arthur L. aarris requested that a letter he had sent ;
hot been filed with the Clerk, *
br. i3arris's letter was read by the Clerk,
Tne following letters of protest were presented which the : clerk had received prior to a: 30 P. M, I I
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10 all of the councilmen be read, however, this letter had i
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:Letter dated May 11, 1965, addressed to the City Council I From Arthur L. Harris, Jr., 5639 Tierra del Gra, Caris- :
bad, stating this was a supplement to the letter addressed i bo the Council dated April 23, 1565. Mr. Harris explained: 9n his letter conversation he had had with the appraiser, i $!Ir. Cornett, in which they discussed several factors per- j Raining to appraisals. 2ie was informed the City Attorney ;
bad instructed Mr. Cornett to appraise the property as to i %he actual value of the land. Mr. Harris inquired of Mr. : cornett if it were not also a fact in appraising that you con: isider how the improvement to be constructed would depre- :
@ate or devaluate the property, I-fowever, Mr, Cornett i
9tated he was instructed by the City Attorney to disregard ;
$his factor. In closing Mr. Etarris further stated the only i :thing he was interested in doing was to establish a reason- :
bble value of the property by way of condemnation in order i :that the City Council could determine whether it is economif :cally feasible and logical to lower the pipe line rather than I bay the higher price for the easement, which under the prof. posed plan would require a sump pump. 1 J
Setter from A.0 Innis, owner of property known as 5290 I :Carlsbad Blvd., Lot 42 stating he had always bezn satis- : 2ied with his private sewage system, after doubling the i ~esspool about 5 years ago, The 1911 Act would double or i triple the cost, and there is no danger to health due to the ; fact at least 15 feet exists between the tank and any open : ,bell or cisturn. Mr. Innis further stated he respectfully i
$vas speaking fur more free enterprise and less Socialism. i
!The Mayor announced the Council would hear from all per - : !
pons, or their representatives, who have filed wri'ten pro-: $ests and desire to be heard.
&L3, AA3THUR L. 2A&i3SI stated he did not wish any monev From the City €or the easement. iie only wants the pipeline:
Powered to enable him to connect to the sewer. Mr. Harrid :requested that the method of appraising his property be ; bwestigated. Also that the Engineering Department rede- i gign the plans to allow lris property to be serviced by the : Sewer, and that a new Resolution of Intention be adopted i $nd published, as he questioned the publication. 8 l
%L%, EADT, 924 Palisades goad, Los Angeles, stated he i bas an attorney representing ~r. aarris. Mr. zarris I
gave him a copy of the i?,esolution of Intention and a copy i
Sof the publication and they do not appear to be the same, ;
be less than the installation of a sump pump. # I
!Mr. Badt quoted a section of the law concerning appraisals: $n his opinion the Council should consider other methods i
bf appraising Mr, Harris's property. If the cost to Mr. ; giarris is more than the cost to the City of changing the i
pesign, he suggested that the City use a different method : pf appraising.
$LS there were no other persons desiring to speak, the
payor declared the public hearing closed at 8:15 P, M.
24 plat of the district was present. Mr. Thornton of tile i Bngineering Department informed the Council the easement: Fequested from Mr. Harris was 8' in width, The appraiser: Bubmitted two plans: (1) A 5" easement was appraised at i
$103. GC; and (2) An 8' easement appraised at $3Orj. 2C., In !
$auld be connected to the sewer, this job was contracted ; put, The contracting engineering firm instructed their !
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I kD e. t Section 6, The cost of lowering tne pipe line would I
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regards to the field men informing Mr. Xarris i~i~ properti
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!They instructed their design engineer that if this involved : !more cost to the district due to one or two properties, the$ ,were to exclude them. Mr. Thornton further stated if this ; :line is lowered it would cost between $4,000 and $4,508) :
$0 the district, There is nothing that says that Mr. Harris!
:has to connect to the sewer, ! I
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I I Zmn. Dunne asked it all property owners will be required I bo connect to the sewer if they are within a certain sewer ;
pistrict, and he was informed that as long as their septic i $ank is functioning satisfactorily they would not. I I
!The Engineering Department informed the Council if Mr. i !kIarris wishes to connect to the sewer he will have to in- I Stall a sump pump. The department has checked with I I iotkr agencies andif apropgrtyowner has to install a sump: pump on his property, they are given a nil assessment. b I
The Council inquired as to any restrictions being imposed I in this area to prohibit Mr. 13arris from installing a sump I
k2. ElASRY PRICE informed the Council he was a membe;
pf the Architectural Control Committee and to his know- ; !edge there are no.restrictions requiring or prohibiting the i
ponstruction of a sump pump. # I
it was pointed out that some of the other homes in the area i gre already pumping from their basements, and Mr. Bar-. ? vis's first floor is considerably lower than the other homes:
%he Engineer of \%ark reported that written protests and i bbjections had been filed with the City Clerk by the owners i
Df .68% of the total area to be assessed for the improve- : bents. I I I
hfter further consideration by the Council the following re-i Solutions were presented: I I
besolution NO. 1040. A msc,mrIm OF rm CITY bunne
-HE I CITY CF CAZiLSBAD, CALZFCRNIA Reiswender
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MAKING PINDINGS APJD C.VZ:.RULING PaCTESTS AKD Atkinson
-@JECTXONS, Assessment District No. 2-1964, was gughes adopted by title only and further reading waived. Jardine
:Resolution No. 1041. A AESGLUTION OF .TEZ CITY
COMSTi3UCTIGN OF CERTAIN STLZEET 1MP.XVENEMTS punne $ND CRDERING PQSTIMG AiW PUBLICATfCN :CF MC- Weiswender =ICES INVITING SEALED FAfiFOSALS 013 BIBS, Assess- 8tkinson
bent District No. 2-1964, was adopted by title only and ;further reading waived. ;:::E
iJ3esolution No. 1042. A 3ESCEUTIGN OF Tm, CITY
DIFtEGTING THAT CE3TA.Ii?J STREET WORK BE DGNE Neiswender bD%d TEE DIhECTIGN AND TO TXE SATISF'ACTICN OFatkinson $'i-IE ENGINEI32 CF WCitK, Assessment District No. 2- fiughes
9964 was adopted by title only and further reading waived. 3ardine ! i(c) (Continued) Appeal of the decision of the Planning Corn-! :mission in granting a Conditional Use Permit to Francis i :John and Virginia E. Fox, on property known as FOX'S i !Snug Xarbor, to allow overnight camping. I I
phe Mayor announced this hearing had been continued fromi Way 4, 1965, in order for Councilmen Neiswender and Jar:, pine to investigate this matter and make a reD0i-t to th~ !
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GCUNCIL OF THE. CITY CF CAEZLSBAD, CALIFGXNIA., bunne
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-6- .' '8 i Name '8, '1 : of y? \ ! Member ;"""~"""""""""--"""""""""""-"""""---------""-*"""-"------ I iCmn. Jardine requested Mr. Don Schoell, City Planner, t< iread the report prepared by him for the Planning Commis-: kion.
!Mr. Don Schoell read the report submitted to the Planning i :Commission, in which he recommended that the Condition-:
!a1 Use Permit if granted be subject to certain conditions. i :Mr* Schoell informed the Council several of the conditions ; :were incorporated in Resolution #393 of the Planning Corn! knission. I I
khnmn. Jardine reported that at the request of Mayor Atkin- ! !son, Cmn. Neiswender and himself spent considerable tim4 Ln making up the report that was sent to each Councilman, : $n reviewing the application the applicant requested the i Conditional Use Permit be restricted to self-propelled :
%n their resolution. 1
Fmn. Jardine requested a picture be shown of the type of i yehicle requested by Mr. Fox. I I
kmn. Jardine informed the Council this is comparable to i
be type of vehicle that is parked.on the property at the prei bent time. The conditions ordered by the Planning Corn- :
Fission in their resolution granting the permit would prob-: ably give a more orderly layout. Also if only certain types: bf vehicles are allowed by the City the State will enforce i khe restriction. D I
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kmn. Neiswender stated the report was Mt@t&$ and corn- ! blete, and recommended that the matter be returned to the ! Planning Commission for further evaluation, and that the ; briginal application be reconsidered, The report contains i b grzat deal of information aad he would like to compliment: Gmn. Jardine for the fine work. D I
Mayor Atkinson stated he would like to know how this will i €it into the DMJM planning? Is the City in the position to : give additional permits if requested? We are certainly not i going to be able to deny other property owners. Also do wd yvant this type of recreation around the lagoon? a I
khs Mayor declared the public hearing open.
hR, X. E. EBKIGaT, 4444 Bighland Drive, stated he waul4 !ike to read a letter, ha had prepared dated May, 12, 1965, I In his letter he stated he was not directly affected by the :
kction taken on this issue, but he was interested both as a i tesident of Carlsbad and a neighbor of the people directly : jnvolved. Mr. Ebright stated five reasons for not granting i
the Conditio~~U~~-Per~~11) Trailer Parks directly in ;
hood; (2) The majority of existing properties in area object :
f.0 extending the 6-3' zone to include Trailer Parks: (3) : Economically unadvisable to construct 30 unit parks €or lesi than 20 year operation; (4) Letting a precedence such as a i trailer park or the harbor prior to completing DMJM study : is poor planning; and the State supplies 150-202 temporary i Camping facilities within easy access to applicants property;
IM. W. JAKVIE, stated the Mayor has indicated this matter ; :will go back to the Planning Commission. It is his opinion i She committee has come up witi1 some valuable information: :The Council will be setting a precedent whatever action the3 iake. 1 l
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kehicles. The Planning Commission included other vehicl&
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I $ew and close proximity to high class residential neighbor:
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L i Member i DC.M HUFFMAN, 4315 Xighland Drive, inquired of Cmn. I
I Jardine if the present Conditional Use Permit granted by : I the Planning Commission included Mobile Homes, Trai- i i lers and Campers? I I
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I ! i Gmn. Jardine informed Mr. Luffman the Committee did ; ; investigate this matter. The present resolution of the I i Planning Commission does include Mobile homes, trailers!
i wants self-propelled vehicles.
i Mr. Huffman gave a summary of the permits granted to I : Mr. Fox previously. In 1962 the zone was changed to i i R-T and this was apparently satisfactorily to Mr. and Mr$ : Fox. Mr. Fox has pointed out many benefits to the com- ; i munity, i. e. recreation for children, tourists, etc. A.11 ! : this has been accomplished without overnight camping. In: I his opinion the prime concern of the Council should be to i
I those who built homes in the 8-1 ZOW-S. This will not im- ; i prove the homes or will it help the city economically.
i The Mayor declared the hearing closed at 8340 F. M.
i After further consideration by the Council, by motion of i
i the Council it was agreed that this matter be referred : Dunne I back to the Planning Commission for further study and a : Neiswende
: presented by the Council committee be sent to the Plan- i Hughes i ning Commission. : Jardine
: Cmn. Dunne stated the report submitted by the committee I ! was excellent and he wished to compliment the members i i who worked on it.
i A short recess was called at 8: 41 P. M. The meeting re- : : convened at 8: 50 I?. M. I I
: ENGIBJE E RING:
t and campers, He questioned the applicant and he only i
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i report back to the Council, and that a copy of the report j Atkinson
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I I I 1 I I I ! i (a) Request for sewer extension through easement. i Applicant: nonald D. Broward.
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I i Letter dated May 10, 1965, from Bonald D. Broward re- i : questing a five foot sewer easement on Lot It? of Chestnut ;
: from Parcel A, 1225 Basswood to the existing sewer on : i Koodland Way. The reason €or the request is the home on i : Parcel A is located approximately two hundred fifty feet I i from Basswood. Normally the sewer would run from Par; i cel A to Basswood, but this would result in improper 1 I drainage for the lateral. Mr. Broward further stated he i : had checked with the Engineering Department and they in- ; i formed him the sewer on Woodland Way is of sufficient i
i size to take another lateral. I I
!A plat of the area was presented by the Engineering De- ; :partment. Mr. Thornton informed the Council in 1958 the i i City Council adopted the policy that when any property is ! :to be sewered through an easement permission must be t !granted by the Council. This parcel was given a lot split i :through a panhandle lot. In doing this they severed the i
;not connect to the sewer on Basswood due to the shallow ; i sewer. Therefore, he would like to connect to the sewer I : in Chestnut Manor through a private easement. Be has ;
{paid for the sewer. I I
I ; Manor. The easement is needed to run a sewer lateral
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0 joriginal lot on Woodland %jay. Mr. Broward feels he can-!
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: I Cmn, Dunne inquired if this would affect anyone adverseld i and the Engineering Department stated there was sufficient : capacity. I
i By motion of the Council the request was granted to Mr. I Dunne i Broward to connect to the sewer in Chestnut Manor : Neiswende : through a private easement for property known as 1225 i Atkinson i Basswood. : Hughes
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I I i (a) Tentative map of Grecourt Terrace, located on the : : southerly side of Magnolia Ave. between Adams Street aniL : Yvette R ay. ! I "
I ! I : The tentative map was presented and the City Planner in- i i formed the Council the Planning Commission recommend-!
! The ,City Planner also read his report that was presented !:.. i to the Planning Commission.
: Cmn. Dunne stated there have been comments that this. i I subdivision might effect the drainage in the area. I I
i Mr. Thornton, Assistant Engineer, stated he could see i : no problem as the surface waters would drain into the i i cul-de-sac and Magnolia Avenue.
i Mq. MASGARET ADANIS, 38G3 Margaret 'Way, stated !
i she was concerned about the effect the drainage would hav4 i on her property. She owns Lot 8 of Tamarack Manor, in i : which a portion of her back lot line will back up to this ; I subdivision. InTamarack Manor the drainage has been i i very poor. The lot to the east of her is higher and drains i
! onto her lot. Her lot is higher than the lot to the west. f : In order to keep the surface water from draining onto the ; I lot west, a drain was installed at the lower side of her I : property. Mr. Thayer gave verbal permission for them : i to let the drain pipe drain onto his property. !?:hen this i i new subdivision is built and if they intend to fill the lots, ; ; this could create a bad situation. The lots on Yvette 'Say i : that back up to this proposed subdivision nave been filled : i and there is approximately a 5' slope that will be in the ! i back yard of these new lots. Mr. Thayer's driveway was ; : flooded at one time from the drainage of these lots.
I By motion made by Cmn. Neiswender and seconded by i i Cmn. Dunne it was agreed that the tentative map of Gre- :
; court Terrace be referred back to the Planning Commis- t i sion for further study. t 1
i MR. JACK KUBCTA, 2965 3oosevelt Street, stated he wa$
! representing Mr. Don Holly ths Engineer, and Mr. Thay-; i er and Mr. Baumgartner the subdividers. If the Council : : has any specific questions they wish to ask he would be i i happy to answer them. They were favored by the Plan- : : ning Commission. This is a tentative map and they have I i conformed to ail the conditions of the subdivision ordinanck
i The lots to the VGest will drain to Magnolia, and the lots i i to the East will drain to the cul-de-sac. It is imperative : : to the subdividers that they proceed with this project. + I
: Cmn. Dunne inquired of Mr. Kubota if he felt their grad- I i ing would provide proper drainage to the south, and if the$ i had their grading plan as yet. * I
i ed that the subdivision be approved. !
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-9- ' -\ I Name '8, d : of '5 : Member :""""""""~""""""~""""""""-"""""""-."""""--~"""""""~ i The Engineering Department pointed out to the Council the! i subdivider is required to present a grading plan for appro+ : Val along with the final map.
i Cmn. Jardine stated it is his understanding that Mr. Ku- i : bota OE behalf of his clients will assume all the liability i
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9 I ! I Mr. Kubota stated he was sure that proper drainage will i i be provided,
i Cmn, Neiswender and Cmn, Dunne withdrew their motion 1 : due to the fact a grading plan will be presented for the i i Council's approval at the time the final map is przsented. i
i 'khe following resolution was presented:
I : Dunne i Eeesolution No. 1153. A- ZSGLUTICM OF TEE CITY i Neiswende~
I CUT-JCIL OF THE CITY CF CARLSBAD, AFP3CVIfaG ; Atkinson i THE TENTATIVE MAP CF GI3ECGUi3T TERi3.k-CE SUB- i Hughes : DIVISION, was adopted by title only and further reading : Jardine ; waived. t I
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I I i NE3 BUSINESS:
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I I I t I I i (a) Proclamation - Proclaiming "Poppy Day". i The Mayor proclaimed Niay 28th and 29th as r'Poppy Day" i : in the City of Carlsbad. I 1
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I I 8 I i (b) Mutual Aid Fire Protection Agreement with th?City of i i Gceanside. The City Manager informed the Council thls 1 : agreement is similar to the written agreement with Vista ; i and Camp Pendleton.
i Cmn. Jardine inquired as to legal liabilities as fir as the i t City of Carlsbad was concerned. I I
: The City Attorney informed the Council the City is pro- I ! tected in the agreement.
i The City Manager further stated this covers all the boun- i : daries except Encinitas, and the city is still negotiating : i with the Encinitas Fire District.
I : Dunne i By motion of the Council. the Agreement was approved and INeiswender : the Mayor was authorized to execute the document on be- :Atkinson i half of the City of Carlsbad. i Hughes
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I CLD BUSINESS: I I I 8 I
I t I (a) Second reading of Ordinance #9178, changing certain :
i Applicant: William A. and Louise Stringer. I *
i The following ordinance was presented for a second read- :
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IBrdinance No. 9118.AN OADINANCE OF THE CITY CF iDunne
icRRLSEAD AMEMDING O?GfNANCE NO. 9066, C&UJG- :Neiswender :INE CEZTAIN DESIGNATED PROPESTY F3CM 2CN3 :Atkinson IR-B TC %GEE @-2 I3 TXE CITY CF CAiXSBP-D, was IiPughes ;given a second reading by title only and adopted. : Jardine
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I I t i CITY A.TTORNEU'S REPC3,T:
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jRgua Hedionda Intercepter Line. The City Atterney re- ; !
:ported Zydro Construction Company has completzd the pro! _.I_
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I I ,"""""""""""""""""""""""""""""""""""""-~*. I i There was one change order in the contract which the I i City was agreeable to. The contractor lost approximate+ I ly $20,000 on this job. I 1 I I I I
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i Improvement of Hemlock Avenue. The contractor did i ;not pay his material and labor bills and there have been 1 jclaims filed. They apparently went broke. These claims ;
:have been turned over to the bonding company. I ! .
I :CITY P.4ANAGER'S REPCAT
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!Request for extension of variance - Eddie Vasquez, :M:pwasopertproperty': :and the one year has expired. Ze is requesting an exten- : Ision of time, as he has had difficulty with financing the cod ;struction. I I
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!Ey motion of the Council a one year extension was granted jNeiswender :to Mr. Vasquez for his variance. :A tkinson
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iContiguous curb and sidewalks, The Parks and iseweation I
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;Commission have agreed to approval of contiguous curb f
I :and sidewalks with parkways in back of the sidewalks, and i :the Engineering Department would like to have a policy ; !adopted by the Council.
ICmn. Neiswender asked if this would be a hard and fast :: :policy or if it would be flexible. I I
:The Council was informed the policy would be flexible as i !it would depend upon the existing street.
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I I I I I D I !The City Attorney was instructed to draft a policy €or the i :Council's consideration at the next regular meeting. I I
I 1 ! :Authorization for szle of sewer bonds. The City Manager 1 irequested authorization for thz sale of $300,OSO. CB of
isewer bonds. This money will be used for the ccnstruc- I :tion of a sewer line from Shelter Cove east, which will i
jcost approximately $295,OOG, 1
!By motion of the Council the City Manager was authorized :Neiswender :to call for the sale of bonds in the amount of $3333, 003, !Atkinson
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!Preliminary Budget. The City Manager inquired of the :Council if they wished to discuss the preliminary budget ! :at an adjourned meeting. A meeting could be held June i
i9, 1965.
:It was agreed that an adjourned meeting be held on June 9, i
:1965, tu discuss the budget. I I
!Request for live bait. An application has been made to sell! :live bait. The applicant would like to use the lower lagoon! :to keep the bait. * I
!Crnn, Dunne inquired if the City did not have a lease with ;
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0 Ithe San Diego Gas & Electric CO. for the lagoon.
DANIEL ELSCN, 1120 Gpal Street, San Eiego, stated he i !runs the bait truck that is parked at the beach during the : :summer. Last year he had many requests for live bait. : !There would be no boat used, be only needs a place to stor; :the bait, This would require a 20' cat walk to the bait I
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!Mr. Frank BeVore, representative of the San Diego Gas &i
:Electric Co. was present, and Cmn. Hughes asked Mr. :
jDeVore if his company would have any objection. I I
:Mr. DeVore pointed out to the Council. the City does not I :lease the outer lagoon. If the gentleman wants to use the .: !upper lagoon this would be under the city's jurisdiction. i
:heed Abatement program. Cmn. Dunne inquired of the 1
:City Manager as to the weed abatement program. The : !weeds are very bad due to the heavy rains. I *
!The City Manager informed the Councit that Mr. Csuna i if rom the Fire Department is working on this project, how f
!ever he is only on duty every other day. I I
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ICmn. Dunne also inquired as to the street program, and i !the City Manager stated the city is using their own forces. ; :They will be starting on iiighland Drive this week. 1 I
:brnn. Jardine asked if the report on Buena Vista Sewers : :was ready. I t
!The City Manager informed the Council the report would i :be ready for the next Council meeting. I I
:Cmn. dughes suggested that the line at the intersection of i i Pine P, venue and Pi0 Pic0 Drive be studied. i-Ie was al- i jmost involved in an accident at this corner. Perhaps the ; :stop sign should be moved forward. I I
!League of California Cities Meeting. Cmn. Neiswender i jstated the program for the League Meeting this month
:should be of interest to all members, and inquired as to i
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I :how many were going to attend, Cmn. Neiswender request! led two reservations and the City Manager stated he would : !attend. I I I
~A.UTHCRIZATION F8.3 PAYMENT OF BILLS AND RATI- i
:Authorization was given for the payment of bills for the :;Dunne :General Expenses of the city in the amount of $56,976.54 jNeiswende1 :and for the Viater Department in the amount of $7,488.95, fltkinson
:as certified by the Finance Department and approved by th$dughes
:Auditing Committee. :Jardine
:natification of the payroll was given for the first nalf of lNeiswende~
!May, 1965, in the amount of $18,648. 56, as certified by :Atkinson :the Finance Department and approved by the Auditing :aughes
!Committee. I !Jardine
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:FXXT€CN OF PA.Y &2LE: I I ,"" -
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!By proper motion the meeting was adjourned at 9: S6 P. M. i
I I I ! Aespectfully submitted,
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:MA..3GARRET E. ADAMS jcity Clerk
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