Loading...
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. I \, '\ '., '8 I '.' "\ ", ' .. :Minutes of: CITY CZUNCI L ( Ziegular raeeting) I '8 '\ ' ,"~"""""""""""""-"""""""""""""""-"""""""~'""""""" t I I e t L I t I 4 I I 1 I I I I I I I I I I 1- ~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 I t :CSditESPONDENCE: I""" ! I I I I I I I !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 t I t 1 t 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 $800. OS was a fair i jwould be taking is 2, 663 square feet. i3e is 'willing to give: ! :5 feet along the right of way, which amounts to over 60U i :feet. This means the City wants an additional 2, G30 feet. : I The Engineering Department presented a plat of the area i :involved for the Council's consideration. t 1 !After further discussion the Mayor informed Mr. Sparks i jne felt it would be wise for him to have an appraisal made I :of the property. Tne Realty Board would recommend an I !appraiser, and when he receives the appraisal to bring it : :in to the Engineering Department. : t I I I I I 8 I I I I t knarket price, The amount of square footage the City I I I I I I I I I 6 I :PUBLIC HEA dNGS: 1- - I 4 I I I 8 :(a) Aesolution of Intention #1128 - 1191 Act Proceedings - i :Stratford Lane - A. D, 1-1964. :-- I !The Mayor announced the hour of 7: 313 P. M, having arrive$ :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 I I 1 I I 0 t t t t 1 I 8 I I I I I I I ! t 1 * I I I t I I I I .. I I '\\'\ t' I 5 \ '< I + I 1 \\ '\ ', '\ b '\ '\ '\ '. I : of \3 I I I I ""~, ', -2 - i Name '-8, *! +* * I t ! ~~""""""""""""""""""""""""""""""""---"-""l--"""-"-"~ : Member :.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 ! :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. t ; ! ! ! I a I I 4 0 $ I I k I I I 4 I I I I I I i 1 I I 4 I 1 I I I I I * t I I I I I I I 4 :5 lots. 4 I I I L $ I ;be able to divide his property into 5 lots? I I I f I I I I I I I 1 I I I I 0 I I I k * I 9 I . I I I I I I I 4 f .I I I ', 8 -\ ', ' I I 'b, ' 8 I I I I l .. '8 ', 'I '3 ; I '. ', \I8 '. ' ', b -3- i Name '8 '\$ a I t \' t I I : of '\$ I i Member ~"""""""~"~""~""~""""~"""""""""""""--"--"--"----"---------- :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& 0 I I * * I I 1 I D l 4 I * t I I l e I I I I I t I $ I I I I I I I r I UNCIL G "FTEECITY GF CLLRLSBAD, Qi3DEhING Tim i I I I 1 I 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 I 1 t I I I I 1 I I I I I I t 10 all of the councilmen be read, however, this letter had i I # # 8 I t t I I I 0 I t I I I ! 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' , \\ '\ .\, '\ I I I +,, , L ', ', I ' * ', t ! '. x. * 8 .\ 1 I -4- I Name '\. ' - e I I I I 1 ; of '1 \. ! Member i"""""""""""""""""""-"""""""""""""""""""""""""- :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 ! $auld be connected to the sewer, this job was contracted ; put, The contracting engineering firm instructed their ! I I t t I I I I t I I I I 8 I e I l * I kD e. t Section 6, The cost of lowering tne pipe line would I I I t I t I I I I 1 I I I l a I I 8 I 0 regards to the field men informing Mr. Xarris i~i~ properti .. I I I I I I I 0 I I I I I I I -5- I' , 8, '\ .', '\ 4 \\ ', ' ', I 8, '\ ", 1 * .." I . ', ' I 1 I I I I ~"""""""""""""~""""~""""~~"~"""""~"-""""""~" !They instructed their design engineer that if this involved : !more cost to the district due to one or two properties, the$ ,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 I 4 N a me '%.,"\! of Member -3 \ .-"""""I 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 I I I I I I I I * pump* I I 8 I I 1 I I I t t I I I I I I I 1 t 1 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~ ! t I I I I I I k-"eUN" 1- LIL OF T~B~TY CF CARLSBAD, OI~DERIMG T,YE i I I I I I I GCUNCIL OF THE. CITY CF CAEZLSBAD, CALIFGXNIA., bunne I I 0 __I I I I I I I 8, .\ ' I I \' '\ '\ '\ b I I I .' I I I I '\\ 'b., '\ I \, I- ', 0 1 I I I 1 t I I -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, : $n reviewing the application the applicant requested the i Conditional Use Permit be restricted to self-propelled : %n their resolution. 1 Fmn. Jardine requested a picture be shown of the type of i yehicle requested by Mr. Fox. I I kmn. Jardine informed the Council this is comparable to i be type of vehicle that is parked.on the property at the prei bent time. The conditions ordered by the Planning Corn- : Fission in their resolution granting the permit would prob-: ably give a more orderly layout. Also if only certain types: bf vehicles are allowed by the City the State will enforce i khe restriction. D I I 1 egal I kmn. Neiswender stated the report was Mt@t&$ 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 1 I I I I I I I 1 I kehicles. The Planning Commission included other vehicl& e I I I I I 1 I I I l I I 8 t I I b I * I I I I I $ew and close proximity to high class residential neighbor: 0 I I I I I 1 I I I 1 I b & I I ! 6. 0 * $ I ', .. -, .. I 8 \, '\ ' 'x I '\ 8, '* I 8\, '\ I -a- i Name ', - I : of '? 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 * I I I 8 ', '8,". I I I I I I I""~""""""""--""""""""""""""""-""~"""-.""""""""""~"~ I 1 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 t I I I * I I 4 I 4 I I I I I I I I I i report back to the Council, and that a copy of the report j Atkinson I I I 1 t a I I I I I I 1 I I I 1 I I I ! i (a) Request for sewer extension through easement. i Applicant: nonald D. Broward. I I I I I I ! 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 1 I I I t 0 joriginal lot on Woodland %jay. Mr. Broward feels he can-! I t $ I l b I I I 9 a 0 I I I I I I I I I I I I I I -8- I ', \- I I I \\ '+, 'x, 4 '\\ '\ ', I '\\ ",," i Name '8, '1 I : of '< f Member ,""""""""""""""--~"~""""""""""~""-"""""""""-~""""" : 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 1 I I I I I I I I I I Jardine I 1 8 I t I : PLArnJrnG: 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. ! I I I I t I I I 8 I I 1 I t I I I I I I ." 1 I I I 1 I I I I t I I 0 I I I I I I I I I I .' t 4' b 'q, ", 'k, '\ # . \> \'\', ! I I I I '\ '\\ ' I 8, \.'\\, e t I I b I ! -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 I 1 I I I I I i for proper drainage, I I " 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 I t I I I I I 4 I I I I I I I I I i NE3 BUSINESS: I ! 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 I I 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 I I I 1 I 1 I ? I I * I I I I I 4 I I I I I I t Jardine ! I 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- : :dee i I I I r ? : ing: I I I 8 I I I 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 0 I I t i CITY A.TTORNEU'S REPC3,T: I I I I 4 jRgua Hedionda Intercepter Line. The City Atterney re- ; ! :ported Zydro Construction Company has completzd the pro! _.I_ 1.- I ,. 1 r- . e, ,- I I I I I I I a I I I I I ! - 10 - I I I I I 8 I I I I I I 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 '\ % .\ * *, ', '\ '. \\ '\ '\ ' Name '*, '1 '\, 't, '! ' '. of *+ Member ."""""" 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 I I I I I I !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 I :Dunne !Ey motion of the Council a one year extension was granted jNeiswender :to Mr. Vasquez for his variance. :A tkinson I ; Jardine iContiguous curb and sidewalks, The Parks and iseweation I I I s I I I !Hughes # 8 t ;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. I I I I I I I I I 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 I I I +-me I I :Hughes I I t I :Jardine 1 I !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 ; I I I I I I I I I I I I I $ I I I 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 I I 1 I I ! c+nwn ma I 4, :* 0 1 ..\ , * I' I 1 \, ', -3 '\ I 4 ', '\ ', I I '*, \, '\ I I ** ', * - 11 - i Name '\*'* t ; of ',? t : Member ~"~""""""""""""-""""""""""""""..""."""~."."."".".."~.. I 1 <' t I t \' I 1 I !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 t 8 I * I 1 I I -. f t I t I I 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 b I I I 1 I lfl I I I b I I I I I I I I I 1 I 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 $18,648. 56, as certified by :Atkinson :the Finance Department and approved by the Auditing :aughes !Committee. I !Jardine ;AD JGU~'~NME:N T: ! ! I t I 1 :FXXT€CN OF PA.Y &2LE: I I ,"" - I I I I I I !Dunne I I I \ I 1 !By proper motion the meeting was adjourned at 9: S6 P. M. i I I I ! Aespectfully submitted, I 0 I I _" [T$A.*?. E d;;&" :MA..3GARRET E. ADAMS jcity Clerk I t I 1 I I * I 1 I I I I Y I . 8 I I I I I I I 1 I I 8 1 I . 1 I I I I I t * * t I I I ?