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HomeMy WebLinkAbout1966-02-15; City Council; MinutesI! * I ,' $ I i CITY ,OF CARLSaAD \\ '\ .\ '\ \ ', \ ; Ni nsrtes of; CITY COUNCIL (Kegular meetl'ng) ! \ ' ', i Date of Meeting: February 15, 1956 I Name \, 1 I Tine of Meeting: 7:30 P.i?. : Qf '\' d ~""""~""""""""""""-"""""""""""-""""--""""";"--"-"---" 1 Place of iketing: Council Chambers ; Member iR0I-L CALL was answered :,y Councilmen Dunne, Neis-! jwender, Atkinson, Hughes and Jardine. Also pre- i : sent were City Manager t.lamaux, City Attorney 1 I i [Jilson and City Clerk Aclams. i Ib4VOCATION was offered by Rev. Baker of the Pil- 1 : grim Congregational Church. 4 I IALLEGIARCE to the Flag .idas given. I I i APPROYAL OF MI&UTES: il, 1966, were approved as presented. : Nei swnde ! '\,\ '., '\, ' \\\ 'x,,, a I I I t I I I I I I $ I I Y I I I I i (a) S"lnu'ces of the regular meeting of February ! Dunne .. I I t I 8 I ! !Atkinson i Hughes : Jardine i CORRESPOidDEHCE: !Mayor Atkinson recognized a letter from Mrs. Mari; I s i K. tdissen, 1103 Oak-Avenue, concerning the plan I ifor rezoning along Pi0 Pic0 Drive. :Also a letter dated February 11, 7966, signed by i :Austin and Adeline 2. Brown and Earl and Marjorie: i D. Schweikert, concerning the zoning of the area ! lalong Pi0 Pic0 and Palm Avenue in regards to the : i proposed General Plan, was acknowledged. ! Crnn. NeisvJendenn stated he had received an i tem- i ; ized statement from the Carlsbad Chamber of Corn- ; !MQY"CC! far expenses incurred, and he recommended I :that payment be made. I I :By motion of the Council authorization was given IDunne i for the payment of expenses incurred in accord- !Weiswendel : ance with the itemized statement presented. :Atkinson I ; Jardi ne i ORAL COMMUNICATIONS : t :f4r. Harry Ingl, Commodore of the Carlsbad Boat ! ! and Ski Ci'ub, stated they would like to put on a I !Ski Weet with the Carlsbad Chamber of Commerce : :acting as Co-sponsors. The reason for wanting I i the Carlsbad Chamber of Commerce is their club : :does not have too much capital. Also this would i imean they would have to have exclusive use of the! :lagoon for this meet, which would be scheduled ; hr the i8Ih and '19th of June. ! ICmn. Neiswender stated this was in connection jwith the communication presented at the last meet; :ing of the Council, and the Council requested a i !representative from the Chamber to appear before : :?!jayor Atkinson requested Crnn. Meiswender to check i ithis matter out and make a report to the Council i !at the next meeting. a l I I I I I 1 I I & I I 1 I I 4 I t I I I I i Hughes I t 1 I 1 I ; the Counci 1. I I I I I t I : PUBLIC HEARINGS: 1 I I I I I s I I I I & 1 I It( !(a) (Continued) Resolution #56 of the Planning ICommjssjon - re: General Plan. jfdayor Atkinson announced that Mr. Suthertand of i ithe tine hearings were held on the General Plan, i I I :the Planning Commission, who was Chairman during ! t 1 : I I I I 4 I I I I 1 I I * I I I I ! I $' I t \ ', '\ ', I I '., '\ '\\ ' I i '\ \\ ', t -2- ', '. ' I I Name \, " '*. I : of *; ~"""""~"""""-""""""-""""""-"""""""~"""""-~"~"--~-----"-~ i Member . i was present and he ciould 1 ike to have Rim skeak i i is? behalf of the General Plan. l a I # I I I t I I a I I I I + 1 I I I i dR* Je J, SUTHEREAI'N, stated 1't took over two yeaips 1 I ?-c ).. hard work to compile this zeneral nlan, and ; i there were over one hundred persons involved in i i this study. He could not begin to estimate the : i number of hours that were spent trying to come up! : 1 with a plan for the City. Some of the matters ; : that have come up were controversial at the time i i the Planning Commission was making studies and i : holding hearings. The Planning Cornmission has : I the responsibility of presenting a General Plan : : for the City, not Daniel, Nann, Johnson, and i Mend.enka11. 811 the subjects that have come up i I for discussion were "hashed" over by the Cornmiss-: : ion. ~n a plan SUCII as this you cannot get 100% i i approval. Thzrz will be persons who feet they : f have been hurt. This plan was put together for I i the overall good of the entire City. \!e have to i i six years from not# we will look at this plan and i I ask ourselves "tjhy did we do this". In order to : I solve SOM~ of the controversial items we will i have to depend on the reports from the Engineerink ! Department and the Harbor Report. We have not i : narrowed the streets down to a particular street,: i but have indicated it is our feeling that a flow i i of traffic shculd be in this area. : In closing i4r. Sutherland stated this is a good I i General Plan to guide the City. I I I MR. GLEN i91C COEAS, Chairman of the Planning Corn- I i mission, was present and stated that if we all sax : down and discussed this matter we would not a11 i J agree IODX. ~e can a11 see things that we as,.. : : individuals would like to have; however, he would! i like to support Mr. Sutherland's stakement '100%. 1 ! Mayor Atkinson asked that he be allowed to requesk i further study on a couple of matters. i The extension of Tamarack Avenue should be re- i : studied by Daniel, Mann, Johnson and Wendenhall. : i Cmn. Hughes stated this matter came up several i :years ago, and several hearings were held. At i : that time it was agreed that the extension would : ! go around the lagoon rather than through the I i Highlands. These people do not want to have to I ! come back every two years to object. I i Cmn. Jardine stated Tamarack Avenue seems to be I i the biggest objection. I f : cmn. Dunne stated the Hayor has requested that ; I I I I cons1 der what kind of a town vie vdavrt. Five or ! I t I I I * I t I I I I I I I s I I I I I I I I I I I t I $ I I $ I I 1 : they explore an alternative route. He felt theref i should be another route through to El Camino, ; and did not think it should be deleted from the ! I I I I t 8 I plan. I I I I Cmn. Hughes stated he did not mean to have the : {route to El Camino deleted; however, it was agree$ 3 that a route go down around the lagoon and nse i : through the residential area of the Highlands. t t I I I I I s I 1 I I ! I I I I I I I * $ I I I I 1 t I , I' \\ '\ '\ '\ i 8, '\88', ' I ', 8 '\ ! '. i Name '-8, 7 I : of ': :"""""~"""""--""""""""""""""""~"""""""-"~~""""~"". : Member i Cmn. Neiswender stated he agreed there should be i I a route to El Camino and that there should be an i i al ternative route. i Cmn. Hughes requested that the Ninutes of the : metings when the hearings were held be presented i for the Council to study. i Mayor Atkinson pointed out it was difficult to ! i say they are trying to be objective about a Gen- i i era1 Plan, and yt?t ai the sane time there is a : I route shown in the Gen,oral Plan. * * I I 1 ..3- ! '\ \\ ' I I e 9 1 I t t I 1 I I I 1 I I I I I I I I ! The City Clerk was requested to extract from the j ; Ejlinutes information pertaining to the extension : I of Tamarack for the Council to study. I 8 I Nr. Sutherland requested that the Engineering De-: : partmrnt work kvith DHJ?-I on this matter. * 1 i NR. 3. ti. CRRMICNAEL, 4105 Skyline Rd., presented! i a petition signed by 51 perssns, requesting the i i Crty Council to modify the Genera? Plan in order ; ; that a major street wil? completely by-pass the i I Highland area. a I i i4r. Carmichael informed the Counci 1 there is a i ; plan corning up before the Planning Commission on i i a potential subdivision, showing an alternate ; : route. He asked that the alternate route be con-: i sidered before the subdivision is considered. i MR. JACK KUBOTA, 2965 Roosevelt Street, stated hi i certainly recognized the efforts that were spent I : by a great many people. He hoped the items he r I was going to speak on would not be taken as I 1 : humorous or sarcastic. It was his feeling that : i all objections are meant to be in a spirit of ! ; good planning. He took the time to compare the I I Planning Commission map and the General Plan map : : and he noted that somewhere between the Planning I i Commission hearing and the Counci? hearing 200 : ; additional feet were added to commercial and I I professional zoning. This is a precise plan if ! : we can a1 1 agree, and if we do not then it is noq. i It was his belief that it would be appropriate tq i show all new zoning on the nap, as he \.:Jould be ; : interested in the nelv zoning. Also highway-corn- i : I mwcial usage is shov~ along State Street, 'tie I ! I * I I I I I 1 I I I I I I I I : cobld not understand this. t 1 t ! Mr. Kubota further noted that Low Density resided- : tial indicates 3 to 7 families per acre. He sug-: I gested that the City study this item. Is it the i ; intention of the Council to classify subdivision: i lots as 6000 sq. ft? There are many in the area i : that have 4-family -- or 70,000 sq. feet. If thd i range is so ma11 you will invite a low type OF i I residential hoixes. The area along Pi0 Pic0 Dr., i I from Tamarack Ave. to Las Flores Drive is shown ; : as Low Density. He hoped that the Council would i i see this would not be a desirable situation along I the freeway. Also he was not 100% in agreement i I as to planting al.ong the freeway to avoid a neon : ! jungle. kdhen the area around Tamarack and Pi0 : : Pic0 Drive were rezoned you put high restriction4 ! 8 i on this area. I * I I 4 I I ! I 1 I I I t p I , '8.* <' t I I I I ', 8'8", '8, I 1 '\ 8 '8 ' I '\ '\, 't I -4- i Name '*, \$ I I : of '3 I I \'\ I I I I ." 1 \ 0 ~""""""""~""""-""""""""""""~""""~""""""""~""-""-""- : Member i In closing idly. Kubota stated they a71 mean to sat : they want to see a fine city. I I ; %R. WORTITJIER BQNDY tl 1150 Pine Avenue, stated i we all are interested in Carlsbad and what is : : best for Carlsbad. There is only one thing that! i Pi0 Pico Dr. is good for and that is some form I ! OS enterprise that will ent;ce traPf.tc off the ; i freeway. If this plan is approved for Pi0 Pic0 i 1 we will drive all the business to Oceanside. I I : Escondido, San i)ier;o and other cities participatb i in trying to draw business off the freeway. I I i MRS. LJOLLRICH, 4150 Skyline Rd., stated she woulb : like to take Escondido as an example. They have! i a complete high buffer zone of Eucalyptus trees : : along the freeway. The businesses along th2 freb- i way are screened by planting. YOU have a feel- i I ing of quietness. She would like to see comrner-: ; cia1 in if it helps her taxes, providing it is i i the right kfnd of commercial and there.is a I I : buffer ,zone. ! ALLEN KELLY 3 stated he liJoU?d like to commend the! f 1 people who worked on the plan. You nil7 find a ; ! Master plan wi 11 chanse. l<Jhen he was on the I i County Planning Commission he was told Los i Angeles had six and San Diqo County no doubt { i has the same. This does not mean that you shoulv I not have a master plan. The Council acts as a : : referee Oi? matters the people !.;ant.. i MR. EARL MCPHERSOW, stated he could not see mak-l i ing Pi0 Pic0 Dr. a beauty spot with just plantinb. : There are no good motels, hotels, etc. visable i i from the freeway. Mhsn the freeway has $-lanes : : of traffic Pio Pic0 Dr. would be one of the best: i and most suitable location for motels. If we : ; don't have something for the traveler ta see $ i from the freeway they are going to keep travelinif : until they find something. The biggest purpose ; i of planning is to get money into Carlsbad. I As there were no other persons desiring to speak; i the Hayor continued the Public Hearing until I I ; !{arch 1, 1966, at 7:30 P.H. : Cmn. Hughes stated he was confused with the re- , i Commendation of R-1 Low Density along the Free- f i way and motels, hotels, etc. in the quiet part i \ Nr. Paul ;?ea1 inforned the Council they are stag-! i gesting Low Denss'ty residential along the Free- ; : way and that motels and multiple dwel lings be i i placed away from the Freeway. I I I I I I t 1 I I : I I 1 1 I I I I I 8 I I b I t i I I 1 I I I I 4 I I I I t I I I I 1 I ! i of town. I I I I I I I l a I I I I I I I I 8 I 1 I s I I I I I I I I I 1 1 I I * 8 I I I I Wayor Atkinson inquired if the City wanted to go: a different route by requiring precise planning i along the Freeway, could this be done by way of : ! Nr. Meal stated he felt the majority of citizens! have not taken the tine to read -the contents of ; the General Plan. They are suggesting service : areas at the intersections wit11 precise planning1 an ordinance? I t I I I I I I I I 1 I I I I I 1 I I I I I I I I I I 1 1 1 I 1 I I I I I I I I 1 I I I I 1 I ! 'I % 8' 1 I 8 (L ' '\? 1 1 I' I , \., 8 s I I I -5- i ' '\ '\ I i Name ".,'*$ I : of y?2 1 '9 :""""-"""""-"""""""""""""""""""""""""""~"""""""~ f Member ' I 8% \, '\ ' 1 \\\ '\ '*, I 1 I L 'I % 8' 1 I 8 (L ' '\? 1 1 I' I , \., 8 s I I I -5- i ' '\ '\ I i Name ".,'*$ I : of y?2 1 '9 :""""-"""""-"""""""""""""""""""""""""""~"""""""~ f Member ' I 8% \, '\ ' 1 \\\ '\ '*, I 1 I L I 0 !for Pi0 Pic0 Dr. at the intersections, but not i jthe full length of Pi0 Pics Drive. The Economic 1 i Report prsjected so much acreage for the commerci#l 1 area downtown. Any time you pull commercial away: i from the downtown area you are hurting the area. i I. iblr. Weal further stated they are preparing a zon-i ; ing ord-inance that will more fully implement the i i General PlaG. I I i Hr. Earl IlcPherssn questioned Mr. F4eal's state- I :ment that service areas t:dould be provided at in- I I tersections. \de should want people to stay over-: :'night. 8 I :Cmn. Hughes commented on the buffer strip in i ESCOndidQ as being attractive, and pointed out : I along the Freeway the State will provfde planting: : the planting along the Freeway, I A short recess was called at 8:22 P.84. The meet-; i ing reconvened at 3:4C P.M. I I i ENGINEERING: I I 1 I I 1 I I I I I I I* I that as soon as the City does away with the signs! f This may ease the minds of those concerned with i t 8 I I t I I 1 I 1 I 1 I I I k I I - 1 (a) Improvement of i4adison Street, et a1 - A.D. i ; 5-1964. I I I I 1 I I I I I I I I I t I 4 I I I 1 ! I I I 1 I I I I I I : The Nayor announced this matter was deferred at i I the last meeting to await a report from the Parks: I and Recreation Commission concerning the removal i : of trees. Nayor Atkinson requested that the i Council: pursue the procedure to be followed as to: ; the removal of trees, and asked that this matter I I i be held over until the next meeting. Also he 1 hission talk to some sf the people in the area : i pf the improvement regarding the trees. I t I L i Cmn. Hughes asked if this would not delay this i : project? I I I I i Mayor Atkinson stated he still felt this matter : E should be given furthsr study. I I I I I 1 I I I I I I I I I I 6 1 I I I 1 I I i I I I I 1 ~~ould like to have the Parks and Recreation Corn- ! I 1' I I I I I I I I I. I I I I I I 1 I I I t I I & i Cmn. Jardine read a letter from the Tree Commit- i : tee setting forth their findings as follows: I 8 i The proposed design for the improvement of !dadisoh : St. will not affect any permanent trees, and thisj ! street comprises the bulk of the project. In t I i reference to Pine and Oak Streets, it was their I : finding that is is necessary to preserve and maint i tain the existing trees for the skyline and over-i ; afl aesthetic apDearance of *Cdrlasbad- The trees ; i are in excellent condition and with care wi 77 livp : indefinitely. They would agree to allow one Eu- i i calyptus tree on the corner to be removed. They : : requested the Engineering Department to create a i i plan that woirld. preserve t41c trees. i Cmn. Jardine stated according to this report the i : City cou!cl go ahead with MadisGn Street. I I I I t 1 $I I I I I I 1 I I i I I I I I I 1 I t I t I I I I I 1 I I I I ! I I t I I I I I I I I I I I I I I I I I I I 1 1 I I 1 I 1 I I t I : :I ;1 1, 11 :' :I ;j :; :; :; :; !I ;; !I 1 1 I I I I t I I -5- ! I * I I t I t 1 I I I I I :""~""""""""""""""""""""""""""""""""-""-!- \, . ., % 7 I\ '\ ', '.\ '\ '\\ ' . '* Name \>,'-$ of '4 \ \, 8 ', 8 ' Member )""""""_. e i I I i The City Manager pointed out the grade on fvladiso3 : St. will affect the remaining side streets. Of : i the 78 trees the property owners have requested i f 14 removed. : Cmn. Dunne inquired as to whether any ground I rw~es had been established for procedure between! i the Engineering Department and the Parks and I Recreation Commission? i MRS. MOLLRICH, Parks and Recreation Commissioner i i and member af the Tree Committee, informed the 1 : Council they are trying to estabf ish a procedure ; i whereby they will have a project before them six i f months in advance. i4r. Fischzr of the Parks and: I Recreation Commission has recommended that trees i ! be planted in between the Eucalyptus trees and : i as the new trees grow, the Eucalyptus trees can i i be removed. In this particular instance the trees i on ,Grand Ave. will be a problem. One reason she I i moved to Cat-lsbad was the beautiful skyline. i Hayor Atkinson suggested that Cmn. Jardine make :: : a study of the procedure to follow between the i i Engineering Department and the Parks and Recrea-i ; tion Cepartment. I I / The City 3anager stated it is time that rules vde : layed out; however, in this instance the staff's i ; recommendation r.~ill not change and he does not : : knon hos!~ i ong it wi I1 take Cmn. Jardi ne with his 1 i report. i Cmn. Jardine informed the Couqcil that no mount i I of research will solve this problem. 1 1 I Mr. Thorton from the Engineering Department pre- i 'i sented a profile plan of the project. He inform: : ed the Cou~ci'l there are 20 trees involved. Oc ; i Pine Ave. the property owners have requested the i : trees removed due to sewer problems and the fact ; i they cannot plant lawn. The trees are either in i i line with the sidewalk, or if the sidewalks were: : placed behind the trees, the roots woutd cause a! i hump in the sidewalk. They cannot lift the curb.: : Oak Ave. is 48' street because it is iidjacent j i I to commercia~ zoning, Pine AV~, is a 40' street,! : They have projected the sidewalk adjacent to the i I curb. If the sidewalk is moved back there will ., : be severe cutting. At the present time the park-: i !*fays are built up. They have depressed the park: I ways in their design. In some instances the I I : roots of the trees extend 2 or 3 feet away from i i the trees, I Cmn. Dunne asked what the Park and Recreation : : Commission purposes. * I i Mr. Thorton stated their feelings were to have i i the street redesigned and in some instances nar- : : rowed. I I I Cmn. Dunne asked if they propose to replace the i ; trees, and Mr. Thorton stated they are in hopes : t the City wi It participate in the cost of plant- 1 I i ng new trees. I I t : 1 * 8 i I I I I 4 * I I I I 9 I * I I 1 t I I I t I I I * I I I I I I I I I I I 1 8 I I L 8 I I i t I I I I I I I I I I I I I I t I I * I I I ! I 1 t I t I t 1 * I I t I I I I i I I % I I ,"~"""""""""""~"""""""""""""~"""""""""""!" 1 I I -7- I I '*, '\ ', x ' .% 8, '\ '\ '\ ., '\ \\ ' ', \ ', Rame '*,'4 of '3 \ *\ ' Member . """"""_ 0 I I I ; It was pointed out the only alternative would be: i to narrow the street as the vertical design can- i : not be changed. Two out of the twenty trees can : t be saved. Also the trees are in a dedicated ! right-of-way. ! I I I I I 1 ; After further discussion, the following resolu- 1 i tions were presented: i Resolution !io. 1220. A RESOLUTION OF THE CITY OiDunne i CARLSBAD APPROVING PtAMS AlifD SPECIFICATIONS FOR :Meiswender ; CERTAIN STREET INPROVEMEMTS AIID APPROVING ASSESSfWtkinson i ?IENT DISTRICT HAP, A. D. No. 5-1964, was adoptediHughes I by title only and further reading waived. :Jardi ne 1 1 > I 4 I I 1 ! Resolution No. 1227. A RESOLUTIOiI OF THE CITY I ! CLARIHG ITS IPdTENTION TO ORDER CERTAIN STREET : i COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DE- I i IMPROVEMENTS AND APPURTENANCES AND APPURTENAHT i i WORK IN SAID CITY; DECLARING THE WORK TO BE OF I i MORE THAN LOCAL OR O2DfMARY PUGLIC BENEFIT; DE- i ' ! SCRIBING THE PISTRICT TO BE BENEFITED BY SATD f f WORK AND TO BE ASSESSED TO PAY THE COSY AND EX- : i PERSE THEREOF; DETER!+!INING THAT BaNDS SHALL BE i : ISSUER TO REPRESENT ASSESSNEbJTS TO BE LEVIED; I 4 1 AND FIXING THE TIME AIID PLACE FOR HEARING PRO- :Dunne : TESTS AND OBJECTIO!~iS TO SAID MORK OR THE EXTENT INciswender i OF THE DISTRICT TO BE ASSESSED, OR BOTH, AND jAt ki ns on ; GIVING ROTICE THEREOF, A. D. No. 5-1964, was :Hughes I adopted by title only and further reading waived.iJardine i Cmn. Jardine requested that trees be planted in { i place of the trees being removed. i Sy motion of the Council it was agreed that tree4Dunne I be planted in place of the trees being removed :Meiswender { in the Pladison Street, et a1 project. :Atkinson I * I I I 1 I I I I I 1 /Hughes I ! iJardine I I i 1'9ayor Atkinson stated along this line Cmn. Jardi4e i is to research the procedure to f0110~y;r between : : the Engineering Department and the Parks and I I i Recreation Commission. I I I ! I I I (b) Downtown Street Lighting Improvement Districq : Assessment District No. 4-7964. I I I I I i The Engineering Department reported there were i : six bids received for this project, and they i requested this matter held over for two weeks i : as they were unable to contact the low bidder I i prior to this meeting. A report will be present? : eci at the next meeting. I I i (c) Resolution #1223, stating the intention of i I the Council t~ vacate a portion of Vatley 'Street.! : The City Attorney informed the Council an agree- ; i ment will have to be worked out between the City I ; and the School as to the vacation of Valley St. i I and the opening of James Dr. 4 however, it was i : Celt the City could start the proceedings for ; i the vacation of Valley Street. # * I * I t I I 1 I I ' i The following resolution was presented: I ! I I 8 I I 3 t ! I I I I I I I I * t I I 8 I I I 4 I ! t I I I I I t I t I I t I 1 I I I I I 4 1 I I I I -8- I ;"""""""""""""""""""""""""""""""""""""-~" '%, ', *\\ '. ', '.\ ', ' '\ \ '\ \\ '., ' Name '\, '\ of *.? ,\.' Q Member .""""""_ e I I ! Resolution No. 1223. A RESOLUTION OF INTENTIOFJ : Dunne I i OF THE CITY COUhJCIL OF THE CITY OF CARLSBAD DE- jfteisl.=lende i CLAP,IPiG INTENTION TO VACATE A PORTION OF A CER- I Atkinson : TAIN STREET, was adopted by tit7e only and furthekHughes i rsadi ng waived. : Jardine i (cf) Offer of street dedication for a portion ,of i :Ocear! Street - Henry Mayers Investments, InC. I I i The City Attorney reported this matter was in con; : nection with the Henry !-layers development on t 1 !Ocean Street, and the Planning Commission require# i the corporation to dedicate a portion of their ! : property for street purposes. 1 ! By motion of the Council the street dedication !Dunne i was accepted from Henry !layers Investments, Inc. I Neisnende : and the City Clerk instructed to record the same. :Atk-inson 4 I I 1 I I I s 1 1 I : Hughes I 1 Jardine I I I I I :I (e) John K. Seeley - re: Inequities of Sewer as- i I sessment charges. A letter was presented from i :John K. Seefey, 3824 Skyline Rd., stating the I I !Engineering Department has assessed him at the I i rate of $4.00 on the "Total" front footage of ; 138.8 feet at a cost of $555 per resident. Mr* i i Seeley requested that the Council authorize the i ;assessment charge for his property at the $4.00 : i rate per foot, on the "Hean" front footage, with I :the provision that should his property be split ; i into a panhandle lot, no additional assessment : i charges would be made on the back lot, Thus, the; :two resident charges would be $4.00 x 114 feet, ; I or $456.00. :The Engineering Department requested this matter i : referred to the staff to study this area and 1 I jother areas in the city with like problems. This: twill take some time. Mr. Seeley no doubt has a : i justifiable protest. As the ordinance now stands! : these costs are based on $4.00 per front foot. !(f) Donald H. Holly - re: Request for waiver of I :street improvements. Letter dated February 10, ; 11966, from Dona1 H. Holly, stated he represented i :A. N- Ennis and N. E. Batchelder, who have applieq ifor a lot Split on property facing on Stratford : :Lnae, which property runs through to Knowles Rve. ,I $nd requested that street improvements on Y,nawles ! :Ave- be waived. The parties are willing to enter i :into an agreement to participate in the improve- : 'Jnent of Knowles Ave. at such time as the street i :is improved. I I :The huncil was informed this was in connection ! hith the street opening and improvement of Strat- i !ford Lane. The property owners on Knswles Ave. t * !and Laguna Drive initiated a 1917 Act proceedings i :for the improvement district. After the petition I bas circu'fated the City initiated an amendment i $0 the Lot Split ordinance, requiring street im- i provements. The City wzs over a year condeming : :the necessary property for Stratford Lane. They i :tried to get the street improvements completed I l and the lot split prior to the ordinance becoming i kffective. I I 1' I I I I s I I * I I 8 I I I I I I t 1 I I t 1 t a L I I I I I I I I I I I I I I I I I i '8, ', '*8 '\ I \ ' 'r, I ', \ '\ I . ', ' t ', \.,", 1 8 I I I I -9- .! Name '\, ': ' -, I ; of y :"""""""""""-"~"""~""""-~""""~"""""""""""""""""~"- : Member i Cmn. Nei swender inquired if a1 1 the property ownefs :asked for a waiver of street improvements when i jwould th2 street ever be improved? I I i The City ir?anager stated at such as the property i :owners request lot splits on Knowles Ave. they 'i ! ! i By motion of the Council it was agreed that the IDunne I request for waiver of street improvements be i Mei swende ;granted to A. N. Entiis and N. E. Batchelder, and :Atkinson i that an agreement be entered into for future i Hughes i street improvements in Knowles Avenue. : Jardine i PLANNING: t I I I I I 1 4 (will be required to have street improvements. 8 L I I I I t I I i (a) Idemorandurn from Planning Commission - re: i Vacation of certain streets in Hosp Grove. The ! ; owners of the property known as "Hosp G-r-ove" re- I !quested vacation of certain streets. These are ; ; only paper streets. They are unimproved and in i jmost cases not traversable by vehicular traffic. '; !The Council referred this matter to the.Planning i i Commission for their study and recommendatio-n., : :and they have recommended that these streets be i :vacated subject to the provisions in the Engineerfs i report on the subject dated December 14, 1965. I I : Both the Planning Commission and the Parks and : i Recreation Commission wish to 90 on record as I I : favoring the dedication as a city park of a pot" : i tion of the grove area when the area is developed3 i It was pointed out that if the property owners ! : desire to subdivide ths land they will have to i i dedicate streets that would be functional. I 8 i The City Attorney reported he had been working ! I lfdith the City Engineer as there are several ease-: ; ments the City would like to retain. The Engin- : i eering Department's recommendation is that the 1 : property revert back to metes and bounds descrip-j i tion. I I I h I 1 I t I I 1 I I t I f I I I I I ; The following resolution was presented: * I b I Resolution No. 1227. A RESOLUTION OF IPdTEKTION i Dunne : OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DE- I Neiswende I CLARIMG IMTEIiTION TO VACATE A PORTION OF A CER- :Atkinson : TAIN STREET, was adopted by title only and furthepHughes i reading waived. ; Jardine i NEW BUSINESS: I I I I I I I I I 8 I i I I I I i I I I I I (a) Resolution #1224, commending Tom Hammond for ! oustanding leadership. Hayor Atkinson presented i the following resolution commending Tom Marnmond I for ou%standing-leadership and achjevemcnts as i a student: I I I I I i Resolution iio. 1224. A RESOLUTION OF THE CITY i Dunne : WAMHOii3 OF I'tif CARLSSAD HIGH SCHOOL FOR OUTSTAtdDkAtkinson I IMG LEADERSHIP AND ACHIEYEME8T, was adopted by :Hughes i title only and further reading waived. I Jardine 8 I I CWWL OF THE CITY OF CARLSBAD, COi"lMEPJDIE;1G TON ; [ieiswende I I I I I I f I 1 1 I I I I I I I I I I t I I 4 a l l I e I I ! I I ' \ ', \\ I ; '\, '\ '\ . I I \\ '\ '\ ' I I \" I I '\ '\, ', I - lo - I ; of 8.g I I I 8 I I i Name '\\, '\! & I :"""""""~"""-"""-"""""""""""""""""*"""""""~""""""" : Member f (b) Resolution W1225, commending Carlsbad Journal; Iscnted the following resolution, commending the : I I Carlsbad Journal for outstanding journalism: t I :Resolution ;do. 1225, A RESOLUTION OF THE CITY {Dunne i COUNCIL OF THE CITY OF CARLSBAD, COME4EFdDING THE I Fdeisnende i CARLSBAD JOURNAL FOR OUTSTANDING JOURNALISM, was :Atkinson : adopted by title only and further reading waived.: Hughes ! ; Jardine !for outstanding journalism, The Wayor also prea I 1 I I 1 I I I I i (c) Proclamation - General Federation of Nomen's i :Clubs Diamond Jubilee Ldcek. The Mayor proclaimed! i the first week of I\4arcks 1966, as General Federa-: ttion of Women's Clubs' Diamond Jubilee Week, and i i klarch 3, 1966, as Diamond Jubilee Day. i (d) ProcJamation - American Field Service Week. i i The week of March 14 to ?larch 23, 1966, was pro- ; ! claimed by Mayor Atkinson as American Field Ser- 1 i vice Meek and he called upon every citizen to ;join him in congratulating and supporting the I Carlsbad Chapter. [ OLD BUSINESS : i I I I I I t t I e I I I I I I b 1 4 I I 4 I i I ! i (a) Second reading of Ordinance #9184, requiring i :preliminary soil report of subdivisions. The fol-i i lowing ordinance was presented for a second read-! : ing: I t I I I i Ordinance i'Jo. 9184. AM 0RDIl"iANCE OF THE CITY OF iDunne : CARLSBAD REQUIRING A PRELIMINARY SOIL REPORT OF : Neiswende i SUBDIVISIO?tlS AND SPECIFYING THE COIIDITIOMS UNDER !Atkinson : UHICH A SOIL INVESTIGATION OF EACH LOT IS REQUIR-i Hughes I ED, was given a second reading by title only and :Jardine : adopted. I t I I t I I I I I , I CITY ATTORNEY'S REPORT: ! i (a) Resolution #1226, fixing fee for lawsuit - :.re: Pipeline. The City Attorney informed the ; Council this city and many other cities were I I I I * 8 t I i charged more for- pipe than they would have been i i if there had been competitive bidding. This con-: : stitutes bid rigging, and these people are being i i prosecuted. The Attorney General will prosecute,: :and this city has a chance to join in the lawsuit! i The City Attorney recommended that the City join I : in the lawsuit. It is estimated the City pur- l i chased around $10,000 for pipe from the companies; : involved; however, we do not know at this time : i what percent we were overcharged. It will be up : i to the State to prove. A resolution has been I I I fornia to conduct legal proceedings. I I :Resslut?'on PJo. 1226. A RESOLUTION OF THE CITY ; Ounne I COUP4CIL OF THE CITY OF CARLSB'AD AUTHORIZING THE iMeiswender ! ATTORNEY GENERAL OF CALIFORNIA TO COfdOUCT LEGAL !Atkinson i prepared authorizing the Attorney General of Cal-i t I I s 8 8 i PROCEEDINGS, was adopted by title Only and fur- : ther reading waived. I I I (b) Subleases - re: The Carlsbad Depot Associa- ! tion and the Rotary Club. Subleases between the i City of Carlsbad and the Carlsbad Depot Associa- I I I I I I I 1 I I I I : Hughes : Jardine t I 1 I I 1 I I f I 1 I I 1 I t I 8 1 4 I l I a' , %, '\ ", '\ I I \" ! ! ', '\, '., '+ I '\ \ ' , '. ' I I - 11 - i Name -,,'\! :""""""""""~"~"""""I""""~""""""""""""""""""~""""- : Member jtion and The Rotary Club have been prepared for i (the Council's consideration. The purpose of I !these subleases is for the restoration of the de-: :Pot and the planting of the area around the depot; :The depot Association has received bids for the I !roof and is ready to go ahead with the work. :By motion. df the Council the Subleases between ;Dunne Ithe City sf Carlsbad, The Carlsbad Depot Associ- :!:eiswende ia'tion and The Rotary Club were approved, and the !Atkinson :Idayor authorized to execute the documents on be- :Hughes .. t i I 1 : of '4 0 I 4 * a 4 3 I I i half of the City of Carl sbad. !Jardine I I 1 !Cmn. Neisvender inquired about the lease of Baucrr :Lumber Company, and the City Attorney stated the : !City has nothing to do with this lease. I 1 iCmn. Hughes stated they have cleaned the area up i i considerably. !Request for waiver of $50.00 sewer hood-up charge; ILeftwich. 'This request involves a sewer hogk-up i !charge. During the period of Moratorium, Mr. :Leftwick and othsr property owners submitted plan4 I for checking to the Buifding Department 9 and due i 1 to the overload of plans needing to be checked, : :Mr. Leftwich's pfans were not completely checked. i !The question has arisen when the plans are check-: :ed will he be charged the $50.00 fee, as the !he should not be charged the fee due to the fact ; I the plans were submitted pri=r to the moratorium I :expiration period. Usually the charge is placed f :at the time the building permit is issued. !The staff's recommendation is that Mr. Leftwich's; jrequest be denied. It is not a case when the I I :plans were submitted but the date of issuance !of the building permit. A great many times plans! :are submitted and approved and no building permit! jis issued for six months. :The Building Inspector stated during this mora- ! : torium period there were plans submitted for a i !subdivision, 18 unit apartment house and 89 sewer: i permits. One of the things that has to be con- ; Iwich's plans would probably take 40 hours to I :check. This is a 24 unit apartment house, and I i there PJere changes that had to be made. 4 I :Mi?. LEFTl:rICW stated he is presently hooked on to I :the sewer. There is nothing in the ordinance I i that states a sewer permit is issued with the !building permit. Because of the 24 units he is i :required to have a &'inch sewer line instead of ! I the 4" inch that is presently insta7led. Kc was i ; issued a permit without charge when he built his I i first 7 units. Also permits have been issued to ; : people for sewers that did not have building per-! i mits. He has compfied PIitR the ordinance. l e !Mayor Atkinson stated if this is a legal matter i : then the City Attorney should make an interpre- i I tation. I J I I I 1 I I J I 1 1 I f f ;moratorium period has expired. Plr. Leftwich feels I I I I I I 'I I I I I I 8 I I I I Wdered is the magnitude of the plans, fir, Left-: I I 1 I I I I 8 l * I 1 I I I I I I I I 1 I I I I t t I t J I I I I I I t I I I I I I' , \'\ \ I I i x, '\ 8, '. \\ '. ' I \\ '\ '\ '. I - 12 - I 8, " \ '. k i Name '*,'4 I : of \* : Member 1"""""""""""""""""""""""""""*""""~"""""-~"""""""- i The City Attorney informed the Council the Ordi- i ; nance just statss that $SO.OO shall be charged. i ! The policy has been that a sewer permit is issued! ; The Building Ins~ector informed thct Counci 1 they { i do not coilect the sewer permit on large units i ! until the time of the final inspection because : :it would tie up a large sum of money. This is i I a three-story building and the plans were done ; i in 10s Angeles. Several changes will have to be I jnade. On a single family residence building all : ; the fees are collected at one time. I 1 t Cmn. Neiswender inquired if you enlarge a sewer i i tine Goes this require a new permit? i Cmn. Neiswender was informed that it did, as ;you cannot enlarge the present line, you must re-i ; place the line. The intention is to abandon the : 14" line and put in a new 5" line, I ! i Cmn. Dunne stated the question is what is the : equitable thing to do. The City has already col-i i lected from the clznry Ijayers Inc. 1 I i Cmn. Jardine stated when Mr. Leftwich planned a i :project of this size he would doubt if he planned! i on a moratorium of the sewer charge. :Hr. Leftwich informed the Council during the last: jyear he built 7 units and he did not have to pay : : $50.00 per unit when these were built. He could i I find no place in the ordinance that states the : ;sewer permit is issued at the time the building i i permit is issued. k :The Building Inspector pointed out that if the i :was no $50.00 fee'charged. However, since the i : joint sewer system has been in operation, every- : i one pays the $50.00 contribution charge. i Cmn. fiieiswender asked the City Attorney if it ~as: I his opinion that the City would be within its I I : legal rights to charge Hr. Leftwich the $50.00 pel i unit capital contribution charge? I I i The City Attorney stated he felt they would be. i i BY motion of the Council rylr. Leftwich's request i Dunne ; for waiver of the $50.00 per unit capita? contri-j Neiswender :bution charge was denied. f Atki nson I t I Hughes I : Jardine ~ I I I I I 0 8 1 i at thc time the building permit is issued. I I I I I I 1 I i I I e I 6 I 1 l I I I t I * I a l I I I I I I I I 8 e $ l ! property was in the original sewer district, therk . 1 + I I I 1 L I I I I I I 1 I t I I ! i CITY it9ANAGER'S REPORT: I I I I e I I I 1 I i Removal of Lagoon Sidewalk Easement on Lot 7 i thru 9, Buena Vista Gardens. The City Nanager in-: : formed the Council a petition has been received : I from several of the property owners li'ving in the! ; area known as Buena Vista Gardens, requesting the: I removal of the easements for an eight foot side- ; : walk, and he would like to recommend that this ; i matter be referred to the Planning Commission for: i study and recommendation. $ I I I I I I I 1 I I I I I I I I I , 1 , , I I I I I , I I , f I 1 I I I 1 I I I .L I I I f""""""""""""""""""""""" 13 - 1' , \., \ * I I. '\ \, '\ '% I '\, %, '\ '\ I \, '\ '\ ' i Name x\,,$s& ; of $ I I < ', ' ! Member *' '\L .""""""""-"""""""""""""-. 0 I I i Flood Control District. Letter from T.M. i-legglandi I Chief Admi nistrative Officer sf the County of San: i Biego has been received, stating the Board of I L :Supervisors has scheduled a public hearing on t 1 i draft legistation for the creation of a flood con: i trol district to be held February 15, 1966. They! :have requested that comments be submitted con- t i cerning this matter. Basically, the district to : the presented to the Board would have certain fea-: itures, as listed in the contents of the letter. i i By motion of the Council it was agreed that the : Dunne i procedures submitted in W. Heggland's fetter be i&js\ycnder 1 approved. i Atkinson f I :Hughes I i Jardine I I I 4 I 1 1 I I I I !?he City ie'ianager reported the portable traffic i :light is clown at the City Yard being repaired, * ? :and tssi'fl be in use shortly. ICmn. Dunne reported it was the recommendation of i i the Joint Sewer Advisory Committee that Vista :as well as Oceanside should participate in the48"j i flood control conduit for the Buena Vista Lagoon.! \ By motion of the Counci 1 it tpdas agreed that a i Dunne !letter be sent to Vista requesting their partici-:Neiswenderi :pation in the flood control conduit in the Buena !Atkinson : i Vista Lagoon, : Mughes I ! !Valley Street Sewers. Cmn. Jardine inquired as .; /to the status of the Valley Street Sewers. !The City Attorney informed the Council the staff i :felt that on the analysis of the project if the : i I !storm drains were left in the project would fail.! ;The City made a suggestion to Garquard, Engineer : I I ifor the project, that it would be to their in- : terest to delete the storm drains from the pro- ! !Sect, They informed the City their firm had spent I I !approximately $4,000 for the design of the storm ; I I :drains. The City offered $1,000 to Tanner, Mar- \ iqUardt and Associates towards the cost of the I :storm drains if they would delete the storm I I jdrains from the project. On February 10, 1966, -::i :the City received a letter from this firm stating: idrains from the design. An agreement will have to : be prepared between the City and Tanner, Mar- jquardt and Associates, Inc., deleting the storm i :drains. 1 I , h I I 1 I I I I 1 I I I I * I * I I !Jardine i I t I 1 I I I I I 3 I 1 I I I I i I I I I I I I I I I I 1 I 4 I I I I I I I I 1 I they would accept the $?,wI and delete the storm! I I I l I I I 1 1 I * & I * * * I . 1 t I i AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICA- i !TION OF PAYROLL: I I . I 1 I I I I I 1 I I * iAutI1orizatiot-t was given for the payment of bills IDunne :in the amount of $143,672.25 for the General Ex- jHeiswended ipenses, and $29,105.76 for the !dater Department IAtkinson i :for the period February 1, 1966 to February 15, :Hughes I j1966, as certified by the Director of finance andIJardine i lapproved by the Auditing Committee $ I I I I 8 1 I I * I I ! I 1 4 I I I I t I I I I 1 I I I I I ! I I I * I I I I I I I I ! I I I I * I i I I t ! e t .I 6 I I I I r I I I I I I 1 . - i4 - 1 )"""""""""""""""""-""""""""""""""~ i Ratification sf the payroll was given for i first half of February, 1956,: in the amuun : $21,499.84, as certifisd by the Director o .I Finance and approved by the Auditing Commi * I I I I I *" -".. -, I I ADJOURN~~~IE~~T: I i By proper motion the meeting was adjourned t 10:15 P.51. I 1 : Respectfully submitted, J 1 :;7f--& ; OR/;. /,JiYZ ~ LF <;ZfL*d i MA GAWT E. ADAI;vIS i City UIer!: 1 I I I I 1 I I 1 I I I I t t I I i f i I f I I I I I I I I 1 I I I I I * I I I h I I I I I I 1 I I I I ! I I I I I I I 3 I I I I t I I I I I I I I I 8 I I I I I I t I I I I I I I 1 1 i I t t t t I I I I I , i I I I I I I t I I I I I ! """ the t of f ttee at 1 ', 8, '\ \, ' i I I 'i, '\ '\\ '. I '\ '\\ ' i Name '8, .? : of '\$ : Member .! I '\ '\ ' 1 , x '. "- "1- "-" "_ """ I Dunne i Nei swende : Atkinson : Jardine . i Hughes I I t I I 1 I I 1 * t I I I I . I L l e 1 b * I I I I I I 1 I 1 t I I 1 I I I I I I I I I I I I 8 I I f I I 1 I I I I I I 1 I I I 1 I I I I I I I I I * I I I I I I I I I t 1 I I I I I I I 1 I I I 1 I I I I I I 1 1 I 1 I t I I I I I I I 8 I I I I I I I 5 I 1 I I I I I * I I I I I I 1 t ! I I I I I I I I I I I 1 1 I I I L * I I I I I I I t b I I 1 t I I I I I I 4 I I I I I I I b t I 1 I t I I I 1 I I I I 1 I a I I I I I I ? I I I I I I I I I 4 * ?