Loading...
HomeMy WebLinkAbout1967-07-18; City Council; Minutes* .- .= I .r ;CITY OF CARLSBAD ! I \" -\, '\ ', i Minutes of: ', '., ' CITY COUNCIL {Regular meeting); " ' i Date of Meeting: July 18, 1967 ; Name '-, :Time of Meeting: 7:OO P.M. : of ' i ,-P,1"-"""""--"" ace of MeetinJ: -""""- Council ""_ -* Chambers' """""_. -"" """" ""- ""; i "_"""_". Member \' i * , ROLL CALL was answered by Councilmen Northing, i Neiswender, Atkilison and Duiine. Councilman : Jardine was absent. Also present were Acting r City Manager Thornton, City Attorney Wilson and ! City Clerk Adams. 1 INVOCATION was offered by Mayor Atkinson. I ALLEGIANCE to the Flag was given. 1 8 , I t I I I I t I 8 8 b t 1 t + I ; I I * 8 i APPROVAL OF MINUTES: t. i (a) Minutes of the adjourned regular meeting i held July 5, 1967 , were approved as presented. I t I 8 t I I CORRESPONDENCE: I Letter from the Carlsbad City Beautiful dated ; July 10, 1967, was recognized, commending the i City Departments who worked toward the landscap : ing around the depot. ! ORAL COMMUNICATIONS: I I I I I - * t I 8 I 4 l Worth i ng i Nei swend : Atkinson i Dunne * I * I I I I I I t I 1 ,I I I I I I t I I i ! There were no oral communications. i PUBLIC HEARINGS: i (a) Resolution of Intention No. 61 of the : Carlsbad City Planning Cornmission, to consider a i ,i proposed zone change of property located on the : '8 : Easterly side of Park Dr., Lot 73, Shelter Cove I ; Subdivision; and on the Northerly side of Adams i I St., Lot 16 and portion of Lot 15, Block E, B.ellai- ; Vista, Map 2152, from Zone R-T to Zone R-1-15,000:. i Also property located between Carlsbad Blvd. and i : Jefferson St., Northerly of Laguna Dr., from I * i Zone R-T to Zone R-A. I The Affidavit of Publication was presented and i ; ordered filed. ; The City Clerk announced that no written corres- : i pondence had been received on the matter up to i : the hour of 7:30 P.M. :l i Mayor Atkinson requested the City Planner to i brief the Council on the proposed zoning. I I i Flr. *Don Schoell, City Planner, informed the 1 Council that as a part of the General Plan the ; a Zones. They made a study of each of the areas as: ! to whether they conformed to the surrounding I 1 ; area. After further study it was their feeling I i that the area lying Ncrth sf Adams St. around i : the Agua Hedionda Lagoon should be rezoned to ; I R-1-15,000; and that Adams St. is a natural ; dividing line between tourist and residential i t area. Tkt2 Bird Island property, located between; ; Carl-: ... L BluJ. and Jefferson St. on the Souther- t i patibie with the residential area around the t I i lagoon and should be rezoned to R-A. Further I i there has been no development on the Buena Vista: i Lagoon since it v!as zoned R-T in 1963. 1 I ! I I 1 4 8 I t I I I I t I t $ I I I I I I I 1 I I I I @ 1 k I I I I I I I I t Planning Commission took under study the R-T I. I I I I e : ly s jrir of the Buena Vista Ldgoon, was not corn- I I 1 I 1 .I a -, - I I I '8 ' '. I t '. '. ' I t. $ ! -2- I -8 ' I .' 8' i Name '*. 7 I : of a ;""--""""-"""""~""""""""~""""""""""*"""""~""""""~ : Member I I t % i The Mayor announced the Council would hear from i :all persons desiring to speak in opposition to thb i proposed zoning. $ I 8 MR. EDWARD LINDLEY, representing Palomar Savings f i &-Loan Association, Escondido, stated his firm 1 i owned property along the Buena Vista Lagoon, and : ! they could not understand why the properties f I ; lying along the Buena Vista Lagoon should be re- i . i zoned R-A when it was never zoned R-A. The City i- i of Oceanside and Carlsbad have been working to- ; ; wards having the Lagoon accepted as a State Park.: i The R-T Zone would be compatible with a State I t :Park. R-A zoning does not fit the present or I I i future use of these properties. In their opinion! : R-A zoning could have an adverse affect on the i ! State making this area a State Park. Further, I t : R-T Zoning is associated with lagoon properties. i i In closing Mr. Lindley asked the City Planner if i : this rezoning would affect the valuation of this ; i property? I I i Mr. Schoell stated he did not believe it would i L I I I I I I ; affect the valuation of the properties. { MR. ROBERT KNAUF, Attorney at Law, stated he was I ; with the firm of Hyne, Swirsky & Knauf, and was i : representing Mr. David Baird, who owns one of the: i parcels under consideration around the Agua I : Hedionda Lagoon. Mr. Baird's proDerty is located; I on the North side of Adams St. across from the ; : Pit Stop,(formerly Whitey's Landing). The parcel : i is situated on a bluff, and there is no visible i : site of residences from this property. It is I t i their feeling the logical break in the R-T zoning! ; should be at Lot 16 and not Adams St, as the only; i visible structure is the Pit Stop. Due to the I : bluff behind the Baird property the noise from ; i the lagoon and the Pit Stop carries up to these i ; two lots. 1 i I : Mr. Knauf presented a written statement from ! i Mrs. Lana R. Mitsch, one of Mr. Baird's tenants, i i verifying the noise and traffic from the lagoon. : i Also an appraisal of Mr. Baird's property was i ; submitted, which- was prepared by Edward McCann ; I, 1 & Associates, stating in their opinion if the i : zoning were reduced from the existing R-T to I i R-1-15,000, a great financial loss and inconven- I ; ience would be suffered by the owner. The pre- ; i sent reasonable market value is $65,000.00, and i : the 'property is being offered for sale at that : ' price. To reduce the zoning to R-1-15,00 would, I reduce the market value from 1/3 to 1/2. It 1 I ! would also be difficult to develop saleable '; legal lots because of the extreme elevation. I I 1. I I I 1 I 1 1 I I 1 I I I I I I : blr. Knauf ,po-in'ied out when this parcel of land ; : I was zoned R-T the Planning Commission found that i : it was compatible with the lagoon property and ; ! that it w-as not spot zoning. As the circumstancf ; es have not changed since the property was zoned: I R-T, Mr. Knauf requested that his clier,t's pro- i : perty remain zone R-T. I t i Cnln. Worthing asked what change Mr. Baird had ; : made since his property was zoned R-T? 1 I t ! 0 I I I * I I 1 I , I ,. I I I I I I # i 4 . " -3- --- .. . .. ; 8. \\ -. 1 8, \ ', I '\ '\ ' * X\ 8. b 4 .' 8 i Name \\ : of * 7 """-~""""""""""""""""""""""""""""""""""~~~"""""~ ! Member I I 4 ;Mr. Knauf stated his client had not made any ad- \ ; ditional improvement on the property since it was! i rezoned R-T, but he has changed his plans as far i ; as residential development. 8 i As there were no other persons desiring to speak 1 ! the Mayor declared the public hearing closed at i ! 8:OO P.M. t t 1 Crnn. Neiswender stated if the City has control i i of the R-T uses, it was his feeling the Baird ; property should remain R-T. Further Mr. Baird i :has been paying taxes based upon R-T Zoning, and I ! the sewers have only recently been made available: $ 1 I I s t I I 6 1 I 1 i Cmn. Dunne asked the City Planner if the Planning! I Commission felt there was too much R-T Zoning? i :Also what did he feel was the best use of the I I ; Baird property? i Mr. Schoell stated the planning Commission did i ; not indicate there was too much R-T zoning as I I i one of their reasons. It was his opinion that i ; R-3 zoning was the best use of the land, however,: i there are no sewers available in the immediate i : area at this time. The Planning Commission felt ; i if the property were left as R-T that another un-;.: ; desirable business could go in this area, i.e., i i beer joint, etc. I I : f I I 1 I t I t ' I Cmn. Worthing asked Mr. Baird if he would accept : . ; R-3 Zoning? * I i Mr. Baird stated he did not feel he could trmt i : anyone now. The Planning Commission rezoned this: i to R-T as he requested. Now they want to rezone ; i it to something else. He has been awaiting 1 sewers in order to develop this property. i The City Planner reveiwed the R-T zone uses, and i i pointed out hotels, motels and residential can ; ; be developed in the R-T zone without the PlanninG i Commission's or City Council's approval. All : other uses under the R-T zone would have to come i : before the Planning Commission and the City : Council for approval. ! Crnn. Worthing stated, basically, the Planning i i Cornmission feels it was a bad decision of the i : former Planning Commission to have zoned this ; i property R-T. I I 8 I a t I I I I I 4 I I I I I 1 I t 1 & 1, 0 I I I I I 1 ! i I I I I I I I I 8 a I I I I I I 1 I I ! Cmn. Neiswender pointed out the former Council i also had to approve the zoning. I I Mayor Atkinson stated the lagoon area is in a i transitional stage and no doubt some of the uses i will be unpleasant to the property owners in the: area. Also he could appreciate the Planning CommisF;Gnls dilemma as to the Baird property; i howe;cy. he did not think it would be fair to : the r;'cder;t prcperty owner to change the zone i n o w I t t I I I I I ; ', -. ' I 8' ', . '< # -4- I \' i Name '* 4 : of i After furth'er discussion it was agreed that the i .: Baird property remain R-T for the following i reasons, and that a memorandum be sent to the 1 ,: Planning Cwnrnission to that effect: .- C I * 8 t. 8 I a .' .' \ ;-"."""""""""""--"-"-"""""""""""..""""""""""""""""~~ i Member w 4 I I b I a 1. Proper justification was not apparent { I to rezone the property; and * I or Zone R-3. 8 I 1 I I I * 1 ! 2. The property is logically Zone R-T I I I I I * I * I 8 : The following resoluti'on was presented: I !* : Resolution No. 1419. A RESOLUTION OF THE CITY i I COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FIND- ; : INGS AND DECISION REGARDING CHANGE OF ZONE CLASS-! i IFICATION OF CERTAIN DESIGNATED PROPERTY IN THE : Worthin< - i CITY OF CARLSBAD FROM ZONE R-T TO ZONE X-1-15,000$Neiswen~ : was adopted by title only and further reading : Atki nsor i waived. i Dunne ! The following ordinance was presented for a first; ; reading: I i Ordinance No. 9207. AN ORDINANCE OF THE CITY OF I i CARLSBAD AMENDING ORDINANCE NO. 9060, CHANGING I Worthin5 s CERTAIN DESIGNATED PROPERTY FROM ZONE R-T TO ZONE: Neiswend 1 R-1-15,000, was given a first reading by title :Atkinson ; only and further reading waived. : Dunne i Further discussion was given to the proposed I zoning of the properties situated on the' South I : side of the Buena Vista Lagoon from Carlsbad Blvd:. i ,to Jefferson St., from Zone R-T to Zone R-A. I I :: Mr. Linclley, representing the Palomar Savings and: . : Loan Association, stated he felt the statement : : t made by the City Planner was in error when he i ! stated the surrounding property was zoned R-A 1 I and residential, He pointed out the R-A uses i i and asked the City Council if they felt this I I I area was suitable for agricultural use. 1 The City Planner informed the City Council the i i R-A zone is a holding zone. Also at the present : i time there is no access to the R-T zoned area, i ; which is required by ordinance. I I : COL. SOUTHNELL, stated he was representing 10 : i property owners along the Buena Vista Lagoon, I I : and they support the Planning Commission's de- : i cision to have this property revert back to R-A. i Thej could see no advantage to having the I I property zoneti R-T when it has never been devel- I oped as such. I e I I t I 0 5 8 I t I * I 1 b $ 1 I & I I t t I I i I I I $ * 1' I 1 I I I I I I I I I I @ I I * I I 1 1 I I I I 0 I I I ! 1 I I I Cmn. Worthing stated he felt th'at R-A was the proper zone for this area, however, he was con- I cerned with the legal aspect as far as the I I Palomar Savings & Loan Association. They have i been paying taxes in accordance with R-T zoning. ; Cmn. Dunne asked what the firm'.. reccurse would i be if their oroperty were rezo12icl R-A? The City Attorney stated the only rgcourse they i . '. . would have would be a court actionS and this is ; a very difficult type of case as they would be ; attack,ing the legislative bodv. I I I I I 1 I 1 1 I- I I .*, '7 I I -5- I' f of I i Name '\, ;"","-""""""""""-""""~"""""""""""""""""""""""""-~ : Member I :The City Planner pointed out the zoning would noti ;make any difference as far as the State is con- i ' cerned if they wished to purchase the property : 1 for a State Park. i After further consideration, the following reso- i : lution was presented: ! ! * ! t I I * I I I i Resolution No. 1420. A RESOLUTION OF THE CITY i !COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FIND- I i INGS AND DECISION REGARDING CHANGE OF ZONE CLASS-iWorthi.ng : IFICATION OF CERTAIN DESIGNATED PROPERTY IN THE INeiswend ! CITY OF CARLSBAD FROM ZONE R-T TO ZONE R-A, was :Atkinson i adopted by title only and further re.ading waived.iDunne i The following ordinance was presented for a + t ; first reading: * - i Ordinance NO. 9208 AN ORDINANCE OF THE CITY OF! I I I I I 8 I' i CARLSBAD AMENDING ORDINANCE NO. 9060, CHANGING i Worthing ; CERTAIN DESIGNATED PROPERTY FROM ZONE R-T TO ZONE1Neiswend : R-A, was given a .first reading by title only and :Atkinson i further reading waived. i Dunne I ENGINEERING: : (a) State Division of Highways - re: Mainten- I i ance Agreement, covering El Camino Real over- I : crossing on State Route 78. The Council was in- ! : formed by the Assistant City Engineer the Divi- i i sion of Highways have prepared a Freevlay Main- 8 I i tenance Agreement covering the El Camino Real ; Overcrossing on State Route 78, and have request-: : I ed the City to execute the Agreement. The 4 r ; Engineering Department recommended that the I I # t I I I I # I I I t I I I I i Agreement be approved, I ! . i The following resolution was introduced: 1 1 1 4 1 1 t Resolution No. 421. A RESOLUTION OF THE CITY l i Worthing i WAY MAINTENANCE AGREEMENT, was adopted by title i Atkinson ; only and further reading waived. : Dunne i (b) Offer of street easement by Otis E. Vander- ! ! burg. Otis E. Vanderburg and, wife, have offered i 1 an easement to the City for a short .extension of : ! Marron Road. This entails a 30' return at El i : Caminc Real and Marron Rd. This is the return ; !'to the East for the precise alignment of Marron i ; Rd. at €1 Camino Real. Marron. Rd. will be a I 1, part of the City's Select Street System. The Citi ;will .pay for the improvements, i.e., curb, gutter:, I COUNCIL OF THE CITY OF CARLSBAD APPROVING FREE- ; fieiswend( I i fill' and pavement, as payment for the easement. ! i I I 4 i By,motion of the Council the easement offered by :Northing ; Otis E. Vanderburg and wife was accepted, and thelNeiswende i City Cferk instructed to record the same. i Atkinson I : Dunne I I I (c> 9uest for plaiver of street improvements. [ , .P .=.i Mr. Vanaerburg has sold the North corner of his ; i property to Newel I 3 et al. Under the Lot Split : i Ordinance Mr. Vanderburg would h? required to put: , in approximat,?ly 1,785 feet GI- -.,dewalk. There ; : is 16 acres i2vslved in this ~,*t:c?ship. It is i : the feeling of the Engineering Department this 1 i request is justified as there is only one struc- i : ture on the property, and the prop?rty is present: i ly zoned R-A. The pavifig will be done under the : 1 0 I -\, '\ ' I I * 8' \' I ', '. 1 ! Name '*, i"""-""""""""""""""""""."""""""-~""""""""l"""""" i Member I 1 ! * : of -6- 1 8 I I Q i joint agreement between the City and County. The: i Engineering Department also feels the City is 1 I * fully protected as the owner would be unable to i I split or improve any of the remaining property ; until sidewalks are installed. 8 I 4 t i I By motion of the Council the waiver of sidewalks :Worthinl i was approved, subject to the owner entering into i Neiswen . a ,future street improvement agreement for side- :Atkinso i walks. I Dunne- i (c) Proposed Osuna Dr. street opening and street! ; opment between Vanderburg and Newell, et al, and ; ! will be a part of the City's local street system.: i They are proposing a short stub street, which I I : will only benefit the abutting property owners. I - I They have requested the possibility of putting : : in the improvements, having the acceptance by the: i City prior to the street dedication being accept-: I ed by the City, without bond. I I : The Assistant Engineer was asked if he felt a i i bond was necessary, and he informed the Council ; : the City is best protected by a bond. I I ' It was agreed that the property owners be allow- : i ed to put in the improvements as requested, sub- i ; ject to a bond being required. I I I t I improvement. T.his street will be a joint devel- ! I I I I I i I I I 1 1 I I 1 I ! Presentation of Key to the City. Mayor Atkinson! ; stated be would like to present a Key to the City: i to Mi kko Pimia from Sweden, who has been attend- ; i ing school at the Army and Navy Academy this pasti :.year under the foreign student program. i Mikko Pimia was present and the Mayor presented i i him with a Key to the City of Carlsbad. I * i PLANNIHG: I- I 1 I I I I I I I' I I I t I I I i (a) Memorandum - re: General Plan review. A i i memorandum from the Carlsbad City Planning Com- : ! mission dated July 12, 1967, was presented, stat-! I ing an adjourned meeting would be held on Friday,; i July 21, 1967, at 2:30 P.M. in the Council I I : Chambers, for the purpose of reviewing the t I i General Plan of the City. 4 f I t i A short recess was called at 8:55 P.M. The : meeting reconvened at 9:Ol P.H. I I Executive session. Mayor Atkinson requested an i executive session to discuss personnel and appoit@- ments. The Council adjourned to the adjoining ; 1 I I I l 1 1 1 room. : The regular meeting reconvened at 3:lZ P.I.I. and i : the Mayor annour;ced the Council discussed ap- I I i pointments to the Parks and Recreation CommissioQ : but no decision was made. 1 1 I I I I I I I 0 : PARKS AT4D RFCREATION: - "_ ! I I I I t I : (a) Three hppointmen-ts to Park and Recreation i ! Commission. /he Mayor ~equested this matter deyI ! ferred until the next regular meeting. I 1 I I.- t I I 4 I 1 I i' . l a, .. ', I I r t. ' I 1 f 1 S" I >' & -7- I '., **, I i Name '8 I"-""-""-""-"""--""""""""""""""""""~~"""""""""""~ i Member i * (a) Fox's Snug Harbor - re: Request for over- i i ed, requesting permission to extend overnight 4 t 4 : of * b l e b I # * NEW BUSINESS: :night privileges. Letter dated July 19, 1967, I I : from F. J. Fox of Fox's Snug Harbor, was present-! i privileges to a limited number of guests from the! :Garden Grove Boat Club. I I I ! . ; By motion of the Council overnight privileges l I Worthin! i were extended to a limited number of guests from ; Neiswenc : the Garden Grove Boat Club for the weekend of {Atkinsor i (b) Royal Palms - re: Request for Dance Permit.: : Letter dated July 14, 1967, from Bob Brown, oper-j i ator of the Royal Palms Cocktail Lounge, was I f f presented, requesting a dance permit in conjunc- i I tion with the Cocktail Lounge. I i By motion of the Council a dance permit was is- i Worthin: i sued to Mr. Brown, to be used in conjunction with; Neiswenc ; the Royal Palms Cocktail Lounge, located at 3001 ; Atkinsor : Carlsbad Blvd. i (c) Ordinance No. 4005 - re; \;ater rates, The i ; City Attorney informed the Council an ordinance ; I had been prepared setting forth the 10% increase I I in water rates. ! The following ordinance was presented and read in: i full, due to the fact it was an emergency ordi- I ; nance effective August 1, 1967: i Ordinance No. 4005: AN ORDINANCE OF THE CITY i i OF CARLSBAD AMENDING PORTIONS OF ORDINANCE NO. i Worthing ; 5001, et seq. REGARDING THE SUPPLYING OF WATER i Neiswend i AND THE RATES TO BE CHARGED THEREFORE, was read i Atkinson ; in full and adopted. i Dunne i COMMITTEE REPORTS : # I i August 5, 1967.- : Dunne I $ 1 I # I I I .I i Dunne I I t I - I I I I 1 1 f I I I I 8 I I I $ I I f I I I i Mayor Atkinson reported that he and Councilman i .: Dunne met with members of the Carlsbad Municipal I : Water District concerning the rneLhod of billing i : the City for water purchased. A letter has been I ; received from the District as to their method ; :'of billing the City, and he and Cnn. Dunne recom-i ; mend that the method of billing be app.roved by ; i the City Counci 1. I i By motion of the Council the method of billing lCIJorthing the City of Carlsbad for water purchased from INeiswendc the CMkfD was approved as presented by the Atki nson I I 1 f I I , Di str-i ct. ; Dunne 1 Cnn. Durtne stated there \\'as a request made to the! : CMWD that they go into metering as Soon as POS- i i s'ble. I i Cmn. Worthing suggested that an indoctrination i I commissions as we71 as the City COUnC:;, and f I i that a committee be appointed froin eaCk C2:ilmiS- i I sion as well as the Counc-il to work up a kit. I ! I I I I I I I I + i kit be prepared for new members on the VariOlJS i 0 I I I I i Crrrn" Neisv!end?r pofnted out that Cnn. L!o:-thing ; I I I 1 1 * ; ', -8 '\ I I I i %, '\ '. 1. 1 t 7 1 ! L I -8- I \ ', '\\ '8, 1 1 I Name '8, I : of ;""""""""""""""-I"-"-""""""""""""""""""""~"""""" i Member ' was elected to the Council at an inopportAne time: i as the League of California Cities holds a semi- ; ' nar for new members.of the Council after the k I General Election. I Q i I I I I I ; Cmn. Neiswender suggested that Cmn. Northing be j i appointed to work out some rules for the kit. * I I I I I ! ; It was agreed that the suggestion be sent to each: : of the commissions and the Library Board of i Trustees. I * I '8 8 I' t I 8 i Library Building Committee. Cmn. Northing re- ; ported there will be a meeting of the Library f Building Committee after the Council meeting this; * I I t t 1 evening. ! Business License Committee. Cmn. Worthing stated; i the Business License Committee has not met since ; i the last report to the Council due to Cmn. Jardink I being out of town. a I I Civic Center Committee. Cmn. Dunne informed the i ; Council at the last meeting of the Civic Center i ; Building Committee a general discussion was given; : concerning materials that wi 17 be used in the 1 new administration offices. i Chamber of Commerce. Cmn. Neiswender reported ! ; the Chamber of Commerce has sent out the notices i i for membership dues, and the. dues have been re- I : turned promptly. There is harmony between the i I Mexican-American Association and the Chamber of i . : Commerce now. The committee is working on the i :-Christmas decorations. In other matters the I 1 : Chamber is moving along as planned. : Mayor Atkinson stated he would like to congratu- : i late those persons who participated in the Art i I Sympos i urn. t OLD BUSINESS: 4 t I I t a I I t I I I I I I i I I 1 t 1 I I t I I I I I I I t I I I 1 1 * ! (a) Request for removal of trees on Jefferson i i Street - Mrs. Irene Possinger. The Mayor in-iormf l ed the Council that he and Cmn. Northing met wit! i members of the Tree Committee, and it was their ; ; decision that the Palm Tree be removed and that ; i the Jacaranda Tree remain. Also that the side- i : walk be contiguous, allowing planting area for ! i the Jacaranda Tree. t I ' (b) City Policy - re: Widening or establishing I official grade of public right-of-way. In re- I I , viewing the writter; pol icy submitted by the ' Engineering Department at the regular meeting of ; i the City Counci 1 held on July 5, 1967, Pilayor * I ; Atkinson stated he felt tile policy was a ~ooci ; i .policy and the Council should accept the recom- : I 4 I 3 I I I t mendation of the City Engineer. t ! I 0 I I I Cmn. W- :thir!3 stated he was concerned with the : i lega-I Lspect in regards to the policy. I I I I I I I The City Attorney stated the legal aspect would i i be not to leave tlic property in a worse condi- I I I I I I 1 1 I 1 * 1 b .. I 'P * t b *, '\ > '\ -\ '\ i Name '- I I I- \' I \ ', I -9- * \ t : of ! : Member ! ,""""""""""""""""""""""""~""""""""""""""""""". I ; tion than it was before the, grading was done. ; i The Assistant Engineer requested the policy be : I made rectroactive in order that the policy could i i apply to Mrs. Daiger's property in regards to the: i fence. I t : By motion of the Council the Policy for Widening ;Worthin ; or Establishing Official Grade of public-right- : Neiswen i of-way was adop,ted as recommended by the City i Atki nso : Engi neer. ; Dunne I I I 4 1 I 1 I 8. I ! I i (c) Carlsbad Parking Authority - re: Revised : ! estimates and landscaping. I I ! b I I I I -1 8 I 1. Revised cost estimates. Cmn. Worthing i stated he had requested this matter deferred at : the last meeting in order to review the matter, i and the City Manager had furnished him w-ith suf- i fi ci ent materi a1 . I I k 4 ! By motion of the Council the revised cost esti- i ; mates chargeable to the Authority in the amount ! Worthir i of $1,397,650.00, including previous commitment i Neiswer ; for rough grading, were approved, as recommended I Atkinsc i by the Carlsbad Parking Authority. i Dunne I 2. Landscaping. Mayor Atkinson stated he I ; and Cmn. Worthing met with members of the Park i i and Recreation Commission, and three changes were: : agreed upon as to the landscaping for the parking: : l area. The May Co. has agreed upon these changes.! i Cmn. Neiswender stated he was concerned with the i t fact the City Council appointed a Parking Author-: i ity to work with the May Co. on such matters as i : this. I b I I 1, I k I I $ ! I v I i By motion of the City Council the landscaping !Worthin i plan for the parking area as revised was approved;.pjeiswen I : Dunne ! I I I t Atkinso i : CITY ATTORNEY'S REPORT: I I I I I 1 I 1 (a) Authorization to file suit. The City !. Attorney informed the Council on May 25, 1966, : and June 17, 1966, Jennings Grading and Paving i I Co. danaged the City's water lines in the San I I : Luis Rey Valley. The Water Department attempted 1 i to gbtain payment from the company for the re- I ! pair bills in the amount of $446.95 over an ex- i tended period of time and then it was turned I over to him for collection, and he has been un- ! 1 able to obtain payment, therefore, he would like i I to request authorization to'file suit on behalf : t of the City against the company. 4 ! ; By motion of the Councjl the City Attorney was i Northil : authorized to file suit against Jennings Grading I FIeiswel i and Paving Company on behalf of the City of I Atkinsc : Carlsbad i? the amount of $446.:5. : Dunne I 1 I I I I I 4 I 0 1 I t I i (b) Ordinance No. 3033 - re: Ei'qhting. The i Counci 1 was informed by the City -ri.torney an I I I 1 I I i ordina.nce has been prepared at the request of I I I I I 1 I > 1 1 ? i I I -* ' I + I ',, '.,""~,".,'*, f j I -10- I \\ ', '2, ', ,\ \ ' ; of *.+;,$+, \\\ 'f4 ,".."""" """""-""-"-'""~~""""""""""--""~"~~~~""""""""""-,. .LJ '3 \.P? '% \\' 8 i Na me ., 's:;, \. '3. ':c, (34 q,,q>: 8 ::!I ! ! 4 f Member \<'P'? ' I # the Police Department in order to aid them in : contro'll ing activities in the City during the : summer months, and that it be adopted as an ; emergency ordinance in order for it to become : effective immediately. The Police Department i have found when persons have created a disturb- : ance by fighting it was difficult to find some- : one that was offended by the time the Police ; arrived at the scene. I The City Attorney pointed out the only problem : th'at might arise is whether the State law pre- i empts ithis ordinance. ! I I I I I I I 1 I 1 I I 4 I 1 I I I I I 1 I I I I I I I I I I I I I I I I , :"I I:: ::I1 :::: :::I ::I* '1: :::; ::it :;I: I;:: :::: ::;; :::; I::# l:4 It 11 :!:I illl @,!I I I li;l i The following ordinance was presented and read i : in full: ! Ordinance No. 307.3. AN ORDINANCE OF THE CITY OF i Worthin;; I ix:x; i EARLSBAD MAKING UN-LAWFUL FIGHTING, OR CHALLENG- ; Neiswenderk; i x! : ING TO FIGHT IN A PUBLIC PLACE OR A PLACE WHICH j Atkinson i : :x; i IS OPEN TO THE PUBLIC, was adopted. : Dunne : : :x: t I l:ll : CITY MANAGER'S REPORT: I I ;::: 8- - I I i::; I 8 1111 ! (a) Change Order No. 2 - re: Carlsbad Cit I I*Il I 1:;' : LibraF;/. The Acting City Manager informed'the i I ::;I I Councl I Change Order No. 2 for the construction : :;'I ::;; : of the Library has been received from the archi- i :@*I i tect in the amount of $910.15. The Change Order ; ;;#I It;: : has been approved by the architect and the con- i ;:I: i tractor. 1:;1 I I I :::i I I i::: i By motion of the Council Change Order No. 2 was IWorthing ; 4 !x: : approved and authorization was given for the i Neiswender: : :xi i Mayor to execute the Change Order on behalf of :Atkinson i i :xi : the City of Carlsbad. I Dunne ; ix : XI l a 1: i AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICA- i ;:;: : fION OFPAYROLL: 1:4 I- 1 :;I: I I ;;I; @I : Authorization was given for the payment of bills : :::: i for the general expenses of the City in the I :;;: : amount of $165,131.47, and for the Water Depart- iWorthing I i :x: I ment in the amount of $16,388.25, as certified INeiswender: :xix: : by the Director of Finance and approved by the :Atkinson I : ;x: i Auditing Commi ttee. i Dunne : )G :x: I I $1:; I6 I :#I : Ratification of the payroll was given for the i Worthi ng. : :xixi i first half of July, 1967, in the amount of : Nei swender; y :xi .: $25,679.10, as certified by the Directof of :Atkinson : I :X: i Finance and approved by the Auditing Committee. i Dunne ;: : ' :xi I!:: :::: ::I: 1::; I I I l :;:I 1: t a 1 I 1 -"----&-"- 11 I I I I I)Il I I I I ! I , I , I I 1 I I I I I I I I I I I I I 1 I I 1 I I 1 I I 4 I I I ADJOURNMENT: - " I I t I 1 I e I I 1 1 I 1 I I B,y proper motion the meeting was adjourned at 9 : 45 P ., f4. Eespectfully submitted, ! ' I ?~7,f'( q ,; <;. ..%- Y 62, ~ ,, L . ,,i ,, MARGARET E. ADAMS c i ty .C'I erk I 1 I I I I I t I I I I I I I I I I I 1 1 I 1 I I' 1::: :;:: :;:: i::: @I ;::I :I:: I::; ;:I; i::: 1::: I;:: :;:: !::I *I ;::; 1::; 1::: ; .I l8;; (::: I::; ;!!# 1'11