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Home My WebLink About1967-08-01; City Council; Minutes1 ,? *+ : CITY OF CARLS6AD 1 ," ', '\ ' ; Date of Meeting: August 1, 1967 ; Name '8, : Place of Meeting: Councjl Chambers i Member ', -\ ', CITY COUNCIL (Regular meeting): i Minutes of: '\ 'x I Time of Meeting: 7:OO P.M. : of \' )".).)~"-I*I-*YI"-.1".1.-~.---."~O-O--~....*~..-.-~.~~-~.~.--.~.b*-.~--*--~--~---.-------~- I I -% t ROLL CALL was answered by Councilmen Northing, i Neiswender, Atkinson, Dunne and Jardine. Also : present were City Manager Mamaux, City Attorney f Wilson and City Clerk Adams. i INVOCATION was offered by Mayor Atkinson. i ALLEGIANCE to the Flag was given. 4 I I 1 I. I I i APPROVAL OF MINUTES: I I I 1 I 1 * 1 b 1 I I s 4 I I t I ;. 8 * l a t L i (a) Minutes of the regular meeting held July 18,iblorthing : 1967, were approved as presented. i.Neiswend > :Atkinson 1 :Jardine 1. * t i Dunne I I I i CORRESPONDENCE: I I . I t I I i (a) Flayor Atkinson recognized a letter from the i : Southern California Speed Boat Inc'. , concerning i I use. of the Agua Hedionda Lagoon. I I I I I i (b) Letter dated July 26, 1967, from Glenn E. : Davis, 3045 Blenkarne Dr., was acknowledged, ex- i i pressing his appreciation and commending the City: : Fire Department staff for their outstanding 1 I i courage and ability in which they extinquished ; : the fire in Hosp Grove. :Mayor Atkinson stated he would also like to com- i i mend the staff for the manner in which they : hand'led the situation. I I I I I I I b I I I I I I I I I I * : ORAL COMMUNI CAT IONS : ! ! i MRS. ADELL STONE, stated they had received a re- i ; quest from the Bellflower Boat & Ski Club for i overnight privileges on the weekend of August 5th; : to include 4 or 5 campers, and another request I I 1- from the Glen-Bur Ski Club for approximately 7 i ; campers on the weekend of July 29-30, and August : : 5-6.---Mrs.. Stone further stated her reason for i i bringing these requests to the Council tonight : ~ I was due to the fact they had just been received. i : Cmn. Neiswender stated he felt the requests shouf? i be denied as there has been a policy set up con- ; .* : cerning proper notification. The last time Mrs. I : Stone appeared before the Council they were : allowed permission providing they could furnish i I I I I I I I * I I : I additional written information. ! 8 . 6 ., ; Cmn. Neiswender moved that the requests be denied!. : The motion died for lack of a second, : Further discussion was given the matter, and by iWorthing i motion of the Council it was agreed that the re- INeiswende i quests be referred to the staff, that a report ;Atkinson ; be made to Mayor Atkinson, and that the Mayor be i Dunne i given authority to approve the requests. ; Jardine : I 4 * 1 I I i : I I -0 i MRS. CHARLES CONPIER, 2524 Davis, asked what ac- I i tion the Council had taken in regards to the : State taking a portion of her property for the i r widening of the Freeway? I # I I 1 t I 1 f I I 3 I 1 I I , 5' * 5 I I I I I \- I .' \' i Name '8. 1 t 4 (""""""""""~"""~"""~~""""""""~..""""~""~"~""~"""""" I I I : of ' I i Member :The City Attorney stated it was the Council's !decision that a letter be sent to the State in- ! :dicating that in taking a portion of her property! i it would make this particular property non-con- i f forming. The letter was sent to the State the ; i next day after the Council meeting of June. 20, i 1967. :Mayor Atkinson informed Mrs. Conner it would now i i be up to the State to make a decision; however, \ ; if she wished to discuss.this matter further, the: : City Attorney would be happy to meet with -her. !MR. ERNEST ROLLINS, 1835 Chestnut Avenue, stated ! !west of his property are two vacant lots upon 8 I : which gre.enhouses are being built. Also the i house the property owner rents was moved in and i i i't is located closer to the street than the other: ; are stored in the yard and makes the neighborhood; :unsightly. Mr. Rollins further stated in his L i opinion the greenhouses are located too close to i i the street. 8 I :The Council inquired as to the zoning in this i area? !The Building Inspector informed the Council the i i area is zoned R-1. This matter has been called ; i to the attention of the Planning Commission. It i :has been the policy in the past to not regulate : i these agri cultural buildings, as they are tempor-: i ary structures. The R-1 zone does allow horti-, ; i culture. i Mr. Rollins stated he would not object to-the ! greenhouses if they were not so cl.ose to the ! i street. :The Building Inspe'ctor further stated the proper-: i ty owner had been notified in regards to the I I ; trash, etc. on the property. I The City Council requested the Building Inspector! : to check the buildings to see if they meet City I i requirements. '. I t I 8 8 * s I 4 t 1 I I I I I I I I I I t I I [ houses on the street, Lumber and other materials; I I I I I I I I' 1 1 1 I I I I I s I I I 1 I t I I I I I 1 I 8 I I I 1 * 1 I i By common consent of the Council it was agreed i : that the matter of greenhouses in R zones be senti ! to the Planning Commission for study. I I I I I I i PUBLIC HEARING: I I I I t I t i (a) Proposed zone change from Zone R-A-lO,OOO to! + I Zone C-1 , and a precise plan on property located ; i on the southerly side of Palomar Airport Rd., I I i between Avenida Encinas and Interstate 5 Freeway,: i consisting of 0.717 acres. Applicant: Paul and ; : Magdalena Ecke. I .: The Affidavit of Publication was presented and i i ordered filed. I I i Mayor Atkinsot:. requested the Clerk to read all I i written correspondence that had been received on i ; the matter. ! i Letter dated July 25, 1967 from the Division of i i Highways, LI~S presen'tzd, in which they stated i 1 t I I I I I I I 1 1 0 1 I I I 1 I 1 '\ \ '\ 1 4 * .' I .' *Y <* I %, ', ', I I I I 8. i -3- : Name **, I 1 I I : of ;~"""""""""""""""""""-~""""""""""~~""-"-"""""""~"~ i Member :they had no sttidies which would affect this ;property at the present time. '! !The City Planner reviewed the application and pre: :-sented a map and plan of the proposed facility. : f I I I I 1 * s I I 4 I I + I 1' :The Mayor announced the Council would now hear I !from the applicant or his representative. i MR. RUSSELL GROSS€ , Attorney at Law, state he was! i representing Fir. and Mrs. Ecke. The application ; :was based upon using this parcel of land t,o. the i i highest and best use. Mr. and Mrs. Ecke dwn the : ;surrounding property. Th.e original application I I request an "M" zone and it was denied. The ap- ; :plication under consideration has been before the: ! Planning Commission, and they have recommended ; :approval of the zoning and precise plan. This i I opinion the plan as presented was the highest and:' I best use of the land. e 1 !Mr. Grosse introduced Mr. James B. Redding, forme; !Traffic Engineer for the City of San Diego. I i MR. REDDING stated he was Traffic Engineer for i : the City of San Diego for 30 years , and is now a : I private consultant. He has carefully checked the: i area under discussion, and the driveways. The ; ; traffic and pace were checked on cars traveling i ; Pa7omar Airport Road, and the speed was between ! ! 35 and 40 miles per hour. The only difficult i point is where cars traveling south make a right i :turn onto Palomar Airport Road, however, this has: i nothing to do with the applicant's property. Alsb :the cars traveling south have less sight distance: ! ! In summing up his report, Mr. Redding stated it i iwas his opinion there should be n.o difficulty in ; ; entering this service station as the plans call I I for 30 foot driveways. There would be no problem: : with cars leaving the station a.s the drivers i would be under complete control. I 3 I t a i property represents 0,717 acres, and it was their! 1 b I I b' I I I I 1 t I I I 4 I I I I I : Mr. Grosse introduced Mr. George Budkley from i Enco Service Stations. I I I I I t I i MR. BUCKLEY stated he. represented the Enco Servick : Stations in San Di'ego County. There has been an i ! impact on the gasoline and oil industry. Their ; : highest volume comes from industry and interstate; i freeways. They have had no trouble in finding ; i operators for these stations. Their company is i I spending a tremendous amount of money to up-date ; i Cmn. Dunne asked when the saturation point would i i be reached? 1 : i Mr. Buckley informed the Council this Freeway : carries 36,000 cars per day. Between here and i ! San Diego there are some 67 quadrans , 45 of which; ! are taken. They have not found where the satur- ; i ation point would be. It is their opinion this I i freeway will carry 60,000 cars per day. There i ; are less service stations per mile today than I ) i there were 20 years ago. ! and make these stations attractive. 1 I I I I I I 8 I I I I I a I 1 1 I 7 I I t I I I .-I '+ 1 .. . f t I I t I I I 1 1 ~ .. . -4- 1 ', '\ *\ ! B' I \' \' .- > I 3 : E-lamF: I I I s I : of I )"""""""""""""~"""""""""~.""""""""""""",,"""""~ ' Membsr I i The Eayor-asked if there were any persons desir- i : ing to speak fr! oppcsiticn to the proposed zor;ing: i and precise plan. AS LI Lzere xere no p-ersons de- i ; siring to s~2z.2, the hearing +;:as closed at 8:90 : i P . M . # 8 * 8 4 : Cmn. Neiswender stated he was concern-?cl as to i I .how these businesses will a7iect the focal mer- ; : chants. He jgst returned from a 2,000 nile trip,: i and in many cases he was forced to !eave the, I : : freeway for service facilities. I b i After further consideration the folloxing resolu-: ' tion was introduced: 1 * i Resolution ?io. 1422. A RESGLUTIOrI OF THE CITY i ! ! ! FIP,{DI:~GS A;~D C)ECISIGFI REG/,RI>NG CHA:;GE 9~ Zl)f{E jWorthin a :. b. r 8 j t I ' COU;\;CIL OF THE CITY OF CAP,LSS.qD, A$)i,.jGlj!!C!!,iC : CLASSIFICATTON OF CERTAI;.: DESIGIIF~TED PR~PERTY ~fil i>leisa;ren : ZONE C-I, was adopte6 by title only and further :Dunne i reading waived. IJardi ne : 1- The folicying Grdinance was presented for a. firs< : reading: 1 I I Or-d-inance, No. 9209. AN ORDIi4ANCE OF THE CITY OF i Korthhin 1 CARLSBAD AiZEXDi:4G O?DINANCE YO. 9060, C!!AXGI>iG : Neis$;2: i CERTAIN DESIGNATED PRc72ERT'I FRO2 ZONE R-A-f0,000 :Atkinso : TO ZONE C-1, was given a first readins by title :Dufine I only arid further reatiing waived. i Jardi ne i The following resolution was introduced e:ith re- i : I ference to the precise plan: I ! I Resolution No. 1423. R RESOLUTIO2 OF THE CITY ."! ! COUPiCEL OF THE CITY 0; CA2LSRAD ADL??TIIIG PRECISE i : PLP.iy! FGR SERVICE STATIO$! 6N PRSPERTY LOCATED 0% :\+!orthin, I THE SGUTHEiSLY SIDE OF PALOMA?, AIRPCRT RCAD, BE- i Neiswen i TXEEi? AVE>;fDI?: EZCINAS APiD INTERSTATE 5 FREEb!AY, ; Atkinso i was adoptes' by titie'only and further reading i Dunne ; waived. : Jardine : Cmn. ?ardir;e requzsted that the Parks ar?d iZecrea--i I tion Cornmission be contacted concerning the land-: : scaping fcr the Precise Plan. I 9 : PLAPY'N ING : i THE CITY OF CARLSBAD FRGM ZClNE R-R-1C,000. TO I ;Wtkir;so 1 1 I I I I 8 I b I * * I I 9 I I I I 4 4 I I I I I I I + ! I t I 1 1 4 1 I I I I I I I I 1 I I I a I I . I I I I 0 I b I 1 I I I & (a) Eemorandum from Planning Commission - re: David Baird property. Xenorandum fror;: the Plan- i ledged, in which they reported on the David t I Baird property that was referred to them. It was: their feeling their recommended action was in the: best interests of the City and still feel the i sanle way. They felt that Adams Street makes a ; logical break between the zones. At tRe time of : the-hearinS the Comission indicated to the pro- ; perty owner he would be free to rnake ap"plication i for a change to the different zones such as R-3, ; and they would consider his application and all l other factors .: I I I I I. ning Commission dated July 26, 7367, WGS acknow- f : .. 1 . '5 I 8 I' '\ '\ -\, t -5- $ 8 I i ham? I : of :""""""""-"-"-"-""""""."~""."""","""""""""""""""~ I : F!ernb.9 i PARKS AND RECREATIOY: ! i (a) Donald A. Briggs,' Jr. '- re:' Letter of .resiS{ : nation from Parks and Recreation Cornmissi.on. I 8 4 f : from i : the Parks and Recreation Commission, dated July .: i 24, 1967, was accepted with regret, and the * : Mayor requested a letter of appreciation sent to : . !Mr. Briggs for his services. t I ! 1 I \' I I .' I I 8' I 8 8' * ', I I s .' I I I 4 t i .a 1 * : (b) Four appointments to Parks and Recreation i i Commission. I ! 1 I $ .Mayor Atkinson requested an executive session to ; i discuss appointments to the Parks aRd Recreation i : Commission. The Council adjourned to the adjoin-; i ing room at 8:lO P.M.. The meeting reconvened . i i Mayor Atkinson announced a decision was made in i : the executive session as to the following sppoint: I rnents: I D a Mrs. Betty Nollrich was reappointed for i I a four year term; I t _-. ivlr. Gary Garrett appointed for a four I I Mr. Donald R. Johnson for a four year i 'I I at 820 P.M. I I 1 I I I I I I I I I C 1 "" I .I I r year term; and I I t term. I. t I ! i The Mayor requested that the fourth vacancy on i i the Cornmission be deferred until the next meeting:. : (c) biemorandum - re: Proposed Center Parkway 1 on €1 Carnho Real. A meinorandurn from the Parks 't I and Recreation Commission was presented, dated ; [ July. 28, 1967, requesting that the underground i : utility lines in the proposed center parkway on : i €1 Camino Real be placed to accommodate tree - I : planting if at all possible. ; Mr. Thornton, Assistant .Engineer, infornled the I i Council the City does not anticipate any under- J I : ground utilities at this time. There will be an : i inverted drainage section in the center of the i : roadway, and a. water line on the east side, run- ; i ning crisscross in some instances. There will i : be ample space for tree planting on the outer ; i edge of the center parkviay. { Cmn. Worthsng inquired as to how this informatied .. ; would be transmitted to the Parks and Recreation i , ' ;- not present at this meeting. I I The City Manager informed the Council txembers i : it would depend upon the Council's decision. t : i Also the members of the Commission receive copi e< : of the Minutes of each Council meeting. t i (d) Status of 'Highland Drive. Memorandum dated; i July 28, 7967, from the Parks and Recreation ; Commission was presented, requesting that High- I i land Drive, cqhici? is designated as a residential i : collector street in the M2ster Plan, be recon- ; i sidered in order that this tree-bordered street 1 1 $ I I I I. # I I I I I I I 1. I r I I i Commission if two members of the Cornmission were! t I I I I I I t I r 0 I I I 1 I I I I 8 I t I I I .* .Y ! -6- : ', 8 *\ 8 \ ', ' I ', \ ' L .' I " .' t s I I I I I I I I I : I I I I 4 I I I 1 1 I t t I I I I 1. . i Name '* : of ' Member """""~"""""""-,_,_,,,,_,,,,,"""*"""""""""--""""~""""~". may be prevented frcrn beconing an unattractive, f wide speedway and that other north-south streets f might be planned to neet the traffic needs. The City Council requested the matter referred i f to the Planning Commissi'on for study and report. ; b I * I I (e) Review of Hosp'rJrove ArJpraisal. Xayor t Atkinson recuested tha.t each menlber of the Council I review the dppraisal made on the tiosp Grove prior to the next Council meeting. 4 I I & i 4 t i Weber & Edwards, Architects - re: Progress Re- ! 3 port on Ci-ty Administration and Police facilities:. ; Mr. Jim !;!eber of Xeber ei Edxards, Architects for ; : the City Administration building and Police facilb i ities, was present and reported to the Council - ; : they were 40% completed with the final plans. t They have schedulkd a completion date for Septen-i ; ber 5th, and at this tize they can see no. reason : i why the plans will not be completed. Immediate I ; decision have been received from the 8uildi.ng * I I Coinnittee, and they have no reason to believe ; the cost wif? be any different than presented in : i June of this year. ! No--decision has been made as to the cost of the I i furniture, as there will be a certain amount of : I furniture needed. I i Crnn. Worthing stated according to the i'dinutes of i i the Rui lding Cornn'lttee that he received, the I + ; amount given for the cost of the building in- i cluded the funiture. 1 k ! I Cmn. Neiswender stated the local paper also 1 I I I 1 I I I t I I I I I I. I I 1 # I I I e I I t prfnted. this information which was in error. ! f. t 6 I t I I I i The City blanager pointed out the !3inutes were. i corrected by the Buildins Committee to reflect 1 : that a separate contract for the furniture would ; i be Consummated betwee.n the City and 'deber & 1 I : Edwards, according to the same ratio of fees. t 1 i Mr. Weber further stated the groundbreaking : should not be, later than January 1, 1958. : NEW BUSINESS: I t I I I I I I I 4 I I 1 I I I s t I I I I t 4 I I I I I I I I \ f I + + I I . I I I I I t I a l I a I I * l a I I 5 I I I I I I I I .. . (a) Video Communications, Tnc. - re: Request . : for permission _____ to install and operate conlmunitp i antenna cable televisior! seTL'ice. H Tetter from : Video Communications, Inc. 3 was presented Feti- i tioning the City and Cjty Council for permission; to install and operate a ccmrnnunity antenna cable i television service i,n the City of Carlsbad. t I AS there was no representative pi-esent to dis- i cuss the request, the letter was ordered filed. i (b) Modi fi cation to Joi nt Polwers Aqre2nent (CPO)-as requested 51. City of Oceanside. TF! Co:lprehensive PlaIln-ing Orsanizaticn ?elicy Corn- i rnfttee on Jvly Nth, passed a rcsolution, rc- I I questing e;!ch Lleii!ber a~ency to a9;"ee t~ a pro- posed r;;ocijficc:tion to the C.P.3. 2ol'nt Po:vers f.,9recn:Rt ~ 2s reuv~stpd by tkhe City of i?cear?si de: I I I .I ! ~ ""_~ """"A """ L""" I I I I I I 1 7. J t f 1 f t I I I I I 'b ', .8 I a, , ' I I .' t -7- i ,' \' I I . \ I I 142 ri!e ' i""""-"-""--~-""""""_"""_"__""""~"""~,""""""_~l"_"""" I : ;<err;+; I I of I I I s i The Cowncil was informed a resolution had been i I preparzd fer the-ir consideration, requestizg 1 modification of Paragraph Three of the ~o1nx I I Powers Agreement of OC~GSPT, 1955. I I i ; The folfowi'ng resolution !'!as introduced: 4 % %., : I < 4 * I I t i'~eso1ution No. 1ck24. A RESOLUTIO;.~ OF THE CITY j\:!oythin : CC)UNCiL OF TEE CI?T liF CARLSSAD, I.:iODIF'!iE.!G i idei s~en i PAR,O,GRfi,PH $3 QF Tgr ,,L JOINT POI'JERS AGREEXENT COi.1- : Atkinso : PREHENSIVE PLANi"iI36 ORGANIZATIOP!, was adopted by : Dunne i title only and Further reading tlaived. jJardine t a I j Newspaaer articles concerning merger of North : County cities. ?layor Atki nson informed the # I i Council he Rade ccmments to the newspaper in re- i i gards to some of the joint projects tbhat have - ; ; been accoKplished between the cities. He did not: : feel the question of merger was desired. How- * : ever, he could see no reason for not attending i ! the meeting! scheduled for Friday of this week to ; t I hear the discussions. I i Cmn. Dunne stated that if the Ma.yor attended this: ; meeting it 1>JOUid seex as if the City of Carlsbad i ! were interested in the rcerger. The ~oukci1 has i : not recejsed any indication from the citizens t : that they are interested in a merger. This wouldi i be the first step down the lane. He felt that i . j cooperation on joint projects was fine. 1 : Cmn. lalorthing stated he agreed with the disinter-! i est. I i Cmn. Jardine stated ve shocl d keep our identity. i I 1 I 8 r 1 I I 1 t + I 1 1 I I I I * I 1 I 1 I I : OLD BUSINESS: I f The following ordinances were presented for a. ; ! ; second reading: I i (a) OTdinance 90. 9207. AN ORDINA?ICE OF THE !Worthing i CITY BF CARLSBAD AP~EHEING ORDINAMCE NO. 9060, : Nei swen d : CHAMGIMG CERTAIN DESIGNATED PROPE2TY FROjI ZOXE i Atki nson i R-T TO ZONE R-1-15,030, as given 2 seco.~d read- :Dunne ; ing by title :only and adopted. i Jardi ne I- I I I I I 4 $ I I I (b) Ordinance No. 9208. AN 0RDINAI;ICE OF THE I bjo rth i n 9 i CHANGING CERTAIbI DESIGXATED PR3PERTY FROfi ZONE : Atkinson ; R-T TO ZONE 2-A, was given a second reading by i Dunne i title only and adopted. : Jardine : CITY OF CARLSBP.D AMENDIhiG ORDII\!A?,!CE 80. 9060, ; ?lei swend I I i COt4I4ITTEE EEPORTS : I I I I I I 1 I I 1 ""_" Parks artd Recreation. Cmn. Jardine stated as : I : Council representative for the Parks and Recrea- i r tion Commission, he had presented a written re- : : port on suggested cax-2~ to fill the vacancies on ! i the Parks and Recreatior, Comnlission, f I Business License Cczmittee. Cmn. Jardine re- I ; ported the Corxmittee shcu?T have a i;roposzd draf$ i of a Business License Ordinance to present to ; : the Counci 1 within the next few weeks. I I I I e ""_ -__ I 1 I 1 I I I I t I 1 1 t I t I f J I- , ."\ i ' x\ I 5 - .. x, ', '. I I t * I 4 I ! -8- 1 I t '\ ', : i.iams ' : of \ * t"-~"""-"""""""""""-"-~"""~~."""""""""""~""~l"""""~ : f.lefi-{'\e; s '. ! Water Committee. Cmn. Duni-re reported there would: ; be a meeting of the I;i!ater Committee held on the i i 4th day of August, 1967. 1 I I " I 1 i Dovmtos.rn Business Di stri ct Committee. Mayor i Atkinson announced the foiio::(ing appointments had: : been made to the Do!;rntow~ Business District Con- ; i mittee, which would complete the membership: I I t 8 1 I 1 I I I t 1 I f I ! Mr. Roy Face Mrs. Opal La!>/ Mr. Sidney Smith Nr. Joe Paarisi t. I I I s 4 I 4 I I I , I 4 ; Library Fuildina Cornnittee. Cmn. Worthing rc- i ported he and Cmn. Xeisweiider met with the Librarb ; Building Comrn?'ttee: and discussion was given to : i the landscaping plans for the Library.. The plans: i have been turned over to Weber & Edwards for : re vi el?! a i CITY ATTORNEY'S RE?ORT: ! ! (a) Brooking Lawsuit. The City Attorney reported! I this case. has recently been filed artd includes i : the City as a defendant. It results Fr.om alleged: : acts by the County animal control pecple in des- t : tro;/ing a dog that had bitten Diana Frooking, I thus preventing a check to see whether the dog ; i : was rabid, and thereby cacsing Kiss Brcoking to i . : undergo addjtional treatment. Thzs xa.tter was 4 1 i present2ecl as a cl~j~ to the City and was rejected! ; by the City on February 21, 1367 and referred to 1 i the insurance carrier. A copy 0-i the pleadings i i have been sent to the insurance carrier. The I I i City Attorney requested authorization to File all: % * I .-"a I 1 I I Y t I 1 t I t t 1. I t ! 1 necessary pleadin2s to protect the City's posi- i i tion. I 4 1 t j 1 By njots'on of the Council authorization was gi'ven ;b!orthing ; to the City Attorney to file all necessary ' I Neis'wend ; plead-ings in regards to the Brooking Lawsuit. : Atkinson I : Jardine i (b) Memorandum - re: Janes Drive 19'71 Act i District. The City Attorney informed the Council! ; a legal question has arisen in tks processing of : i the James Drive 1911 Act Proceedings. The jot, I : includes purchase and -installation of ornamental ; I street lights. Normally the San Diego Gas & : Electric Company installs these street lights, I and does so at a cost substantizlly lower than if! ; it were done by a private contractor. In a 191 1 ; i Act project, the law requires that a17 the im- I I i provenents be olwned by the publ?:c, and there is ai ! s~i :: t of authority in Czl -iforqja, as to yhether : ! 0:r not ownership by the San Diego Gas ei Electric i : company would qualify. I 1 ; This probleni and its solution, may have an effect! i 0'1 the salability 0-F the bonds and may require ; : validation proceedings. The problem is of such : i a specialized nature the City Attorney suggested i I I I I I i Dunne I I I I I "_I ~- I I 1 3 I I' I I I 0 I 1 I f I I 1 f I e 1 1 I I I I 1 1 f 1 1 I I I i. I I I I , 1 4 L ,. -. . . 1 I ?, 8 '\ ', '\ '. I I '\ '\. 1 -9- . 1 i :.!am? ' :""""""""-""""""""""""""-."~"""""~"""""""'"""""- : PSemS3r I .% s : ol I I 4 r 1 ; that he be authorized to associate for this pro- i i ject an attorney who is a specialist in 1911 Act ; I proceedings, I 1 I I I 8 i By motion of the Council authorization was given i Northin I for the employment of specialized couzse?i.ng for :Neiswen : .the James Drive 1911 Act project. :Atkinsc I : Jardi ne ; Cmn. Jardine asked if this counselin9 would de- : i lay this irzprovement and the City Attcrney stated! ' it should speed the matter up. I I i (c) Weed Abatement. The City Attorney present-! : ed a resol uti on which would al'low the City to i i proceed with cleaning up the remaining lots that : : have not been cleaned pErsuant to the Fire De- t I I partrnent's request. 1 1 I I * I I I i Dunne 5 t e "".L_- I I I I I I I I ; Reso'lu'cion No. 1425.. A RESOLUTION OF THE CITY i i PUBLIC NUISA:.lCES 1tIEiDS GRO!iI!!G UPON PRIVATE PRO- i Neiswenc i PERTY AND ERUB2IISti, REFUSE, A:iD DIRT 0:d PRIVATE :Atkinsol : PRODEERTY IN THE CITY OF CARLSBAD, was adopted by i Dunfie i title onjy and further reading waived. i Jardine : (d) Installation of street improvem2nts. The t City Attorney informed the Council the Engineer- i . : i ing Department has requested that an ordtnance ; : be drafted for the Council 'S consideration, pro- I I hi bi ti ng instal 1 ation of street improvements I I : without prior approval of plans and speci-fica- i i tions, and prohibiting the doin2 of the work by i i any person other than a licensed contractor. The! i Engineering Department is concerned that the I I : impr.ovzmenls , which \vi1 1 become a part of the i $ t COUE.ICIL OF THE CIfY OF CARLSBAD DECLARING AS ; Worthin 1 ". I I I I 4 i 1 street systen;, night be defectively installed. ! i The following ordit?ance was presented for a ftrst! ; reading: I I i Ordinance No. 7036. AU ORDINANCE OF THE ClTY OF i : CARLSBAD PROHIBITIXG THE INSTALLATION OF IfiPRO'VE-: I4orthing i MENTS IN PUBLIC RIGHTS OF WAY !-!ITHOUT PRIOR ; N e i s w e n d i APPROVAL OF E.i\iGIPIEER?i'lG DEFARTMEMT, OR BY 3THER : Atkinson i THAN A LICENSED CO?JTRACTOR, was given a first :r Dunne ; reading by title only and further reading waived.: Jardine t I 1 I I 1 I t l e i (e) ~" Off-site L!ater -~ Yain EReixbursement Contract. i : The Counci 7 was infornied the i.;iay Cczpany is ad- ; i vancing $30,000.00 as the estimated cost or' con- : : struct-ion of a water main from the intersection i i of Chestnut Ave. and El Camino Rea.1 to its site, ; * 1 and it; this connection th2y are reauesting a : reimbursement cci?trac'l *Lo attempt to recover th4s: I cost. They have requested that the contract be i i over a 15 year period rather than the ~;sual 70 : : year period, and the Engineering Department has i : no objection. .If the Council is desirous of I i extending th? Eontract to 15 yFars, -it will be I : necessary ta 2~end Sect-ian 2 of Ordinance iio. i 4.002, t.!i-:i ch i jq?its the tern of such contracts to i : ten years. 1 1 : T)lc -fo]!oy,rj E$ ~,~~j;~;~q~~ \,.:as presented for the 1 I I I I 0 I I I I I 1 I ; (-0iJYi"? 7 L i I s c 0 ij 5 i d i' ','> 2 ;; .; ;; f * t 1 I .. '.,I. I l I' \\\ 1 I '\ '. ' 1 . '. '\ , r -.. t .. f I I I t I t 1 -1 0- 1 k I \- \' .' .' i liane 'x, ; of I ;""""""""""""""~"""~"""""""""""""."""""""~"""""~~ : f.{$mbe; ! 9. I 1 : Ordinance Nc. 4096. AN ORDINAl4CE 3F THE CITY OF : i CARLSEAC P,PiEND4;.iG SECTION 2 OF OROINANCE 1\10. 4002! : REGARDING REPAYMEJT FOR OFF-SITE CIATER IMPROVE- : - I ! MENTS, was given a first reading by tjtle only : i and further reading waived. 4 & I 1 i .(f) Claim for danaqes. Letter dated July 28, i- i 1967, irorn Firs. W. E. Neiler, 3235 Highland Dr., ; : stating a tree in front of her house located in : ; the pwkiny area fell across her fence and bent ; : and crushed it. The City removed the tree and : : now she would like to have the fence repaired. f 4 ; The City Attorney reconzended that the claim be i ; denied and referred to the insurance carrier. I I -i Cmn. liou.thing asked if it would not be better to : . . . -: have the City crews fix the fence rather than I ; have the matter referred to the insurance car- I Y .." I 1 -1 : .-I, i I t I 1 * t .B ' . -: rier? I I I -1 ; The City Pianager pointed out this would entail i going onto private property. i BY motion of the ~oui-ic-ii it was agreed .that the : claim be denied and referred to the City's in- : <u.rance c%.rri er. t i Cmn. \?lorthing requested that a follow-up report i be given to the Council as to the tirne element i invol v2d in having the jliatLLer referred to the : insurance carrier. i CITY IF/!ANAGER'S REPORT: I t I I t I I I 1 ! I I I I I' I Worth i ng i !,I e i s ~e n d i Atkinson i Dunne i Jardi ne' I I I I I 1 % I 1 t I I I I I I I. I i (a) Safctyiohtino ->L"L!-.L:L" Anreement betweei? ""_ City of i i C.arlsbad 2nd Co~~ity of Ssn Di ego. The City I I : KKEjEr reported the SanD-iegTTa.s 8 Electric Co.: : owns and mair;taSns safety lighting at the inter- I - I section of El Camino 'Real and Palomar Airport Rd.: : for which the County of San D~~CJG is being billed i for energy and maintenance. The City 05 Carlsbad : has recently a.nnexed certain propert:/ adjacent : i to this intevsecticn so that Palomar Airport Rd. i : easterly, El Camino Real northerly and the entirG i intersection are within the city limits. HO\;!- i : ever, since the other approaches are county I highways, tke County of San Diego is c:lilling to i : assume one-hilf of the safety lfghting cost at : i this location. An asreemen-l: has been received : : for the Council's approval. I I : By mot!'o.n of the Cocscil the kgreement between i \k,'orthjr;g : I the City of Cc?;*lsbad and the County of Sin Dieso 1 /,lei S';I?n;ie ; was approved, and author'! zation given for the i p,t;cj nsop : Nayor to execute the document on behalf of the J ~unce i City of Carlsbad. I Jardine I I I I 1 I I t I I i (b) Request: 'or use o-i Ho? jdav ?ark. Requests i : for us? of t!c:. iciay "ric hzve been received frG!Tj i i ti-,)? -fo? 7 ot.irin; orsc?:ni zations : I ! " ."__"._" ""("- 0 1 1 I I I 'I I I I I II v .: I\IRS of Kjn~s Lutheran Church - I t I ! 8 ALiCJ1!St 13th I I 1 I I 1 I I I I I I I 1 L I .- ' *, *. -\ < I ', '. I -11- I . x' 3 i same ' 4 : of * x..m:r;.; i I I :"""""-""""""."""""""""""""""~""""""""-""l""""~" I I I I I + I 1 I & s. Konen's Society of Christian Service, Cartsbad Garden Club - August 4th % First iAiethodist Church - August 19th : I t Carlsbad Neighborhad G-ir7 Scouts - . : August 79th !.(c) /-?uthorization for purchase of property -.re:! i Elm Avenue Fire Station. in the 1957-58 Qudget : l it was proposed that the City acquire additional I i land for the construction oi a Fire Station on ; : the south side of tlm avenue across from the i Library. Negotiations have heen made with the { .4 ' property owner and it appears that the purchase : ; of the northerly 200 feet of said property would i : require street improvements on both Elm Avenue : i and Oak Avenue as required by Ordinance $9136. : Due to the forth coning improvements of Elm Avi, ; i the only improvements that would be required as i : a result or' this lot splrt ~ould be on Gak Ave. ; : The Engineering Department has estimated that i the Cost 0-f these imp;gvernents to be $2,800. ~hej i total cost of the land js $13,500. : The City Manager informed the CoGncil it is i recommended that the City, by agreerzent, be ob- i i ligated for the future street inprover3ents on i Oak Ave., provided that the property 's not fur- i 1 thzr divided into two parcels fronting en Oak t ; Ave. It was further recommended that the City i : acquire the property shown on the plat for i $13.,500.00, less $2,800.00, estimated street im- i ; provenlent costs, or the sun1 of $10,700.00, and ; i that the proposed lot split be approved in : accordance with Orciinance No. 91 35. i By motion of the Council approval was given for i b!orthi : the 1 ot spl it, and authorization y'iven for the i Kei sye i purchase of the property on Elm Ave. for the ! Atki ns i ,Fj re Station j n a,ccordance with the reconm?nd.'a- 1 : Dunne i tions set forth ir, the city fJ!anager's repor't. ; Jardi r i (d) Second Amer;dz?nt to Library Aqreemerit, The i : City Plianzger inforned the Coancil the First Anend: : I ment to the Library Agreenent with the State # I : extended the completion date to August 3: 3 1967. : i AS the Library will not be completed by that date!, : a letter was sent to the State Librarian, re- / questing that the completion date be extended to i : December 31, 1967. A Second Amendment to the i Agreement has been received extending the corn- ; pfetion date to December 31, 1967. A resolution i i has beer; prepzred approving the Second Ars:e;?drnent 1 ; and authorizing the Mayor to execute the docu- : ment. : Resolution No. i425. A RESGLETIOX OF TKE CITY i i ~<~~~~~-=(~-l~=~ OF CAkl,Sfj$:D, Ai)Py,Q'yI/iG t ; SECOKD F\;::E~D?;E;.~T 1-0 ,qGp,EE;.jEp!-, FOR LIBg,?,RY COpJ- I b!orth i STRUCTION GRANT SET\:IEEi'.I THE STATE LfGRXRTR?!, ; N e i s v! i STATE OF CALIFORF,!IA, AND THE CITY OF CAI?LSBAD, ! Atkin i was adopted by title only and furtiter reading ! Dunne : waived. i Ja:.-di I a I -. ! 4 8 I I L" I - I I * t I I 1 I * $ I $ I * 8 I I 1 1 * I I 9 t I I I 1 8 I I I t C I """"" "____ s 1' I I I I I 4 1 1 1 t I t I t I I 0 I I I I I t I I I 1 I I I I I I I I I I I i 1 I I 1 t 1 1 i t r L i .\, ', ' ,.*.;*7, I 1 L ', '\ t -22- & .' 8 I l4arr;e '9 1 : of I I hiemher ;""""""""""""""""~""""""""""""""""""""",""-"""- I 3 3 t I t i Street improvements for intersection of Chestnut t f Aye, 2nd Monroe St, he Assistant Erqinzer pre- ; i sented a plat 07 the intersection of ~hestn~~t Avei i and Monroe St. He infcrmetl th. Co~nci-! the ? $ - i Pilgrarn Church was required to put in street im- i i provzments Dn Chestnut Ave. and Monrze St. They $ ; are puttSng in sidewalk and curb on Chestnut Ave. i : .There is an existiag tree on ChestnGt in the line: z of the improvexents, This was referred to the i Parks e( Recreati 03 Coz;nission, and they recommend:- ! ed that the tree not be removed and that the : sidewalk and curb be curved to save the tree. I i The Engineering Departnent reconmended that t-he ; 3 curb and sidewalk be constructed in a. straight i i line. i Mrs. Wol lri ch frcz the Parks and Recreation Corn- i : mission was present and stated the Comission re-: i ceiveci the request last Monday and the plans on i : Friday. !hr~ the Conir,-hsion received this item : : it was decided that due to the fact there were , ! i no other trees in this area, and very few Fepper : i Trees left in the City, the tree shou'lci be saved.! : Rev. Baker xas contacted and he stated the : Church WGU~~ like ta have the tree saved, but i felt they had to apply to the city for jts re- : : moval. Mr. Wrench, )who is Cha-irrnan of the Build-: i ing Conini ttee, stated the Cormittee also wanted : i the tree saved. : Cnn. Neiswender stated he was definitely not in i : favor of curving the curb and sidewzlk, as he ; drives down this street every day and this -is a i i dangerous corner. I After further discussion by the Council, by i W o r -t h i : motion of the Council it was agreed that the i Nei s';!E ; alternate plan be apDroved in order io we the i Atkirir ; Pepper lree as recommended by the Parks and Re- ; ~znne : creation commission. ! i Jardit 1 * I t 4 t I I I I t t I 1 I I I 1 I. { I I I I I 1 I I 1 t I I I - 4 I I i AUTtiORSZATION FOR PAY.BIEi.:T. OF BILLS WND RCiTZFICA- I i TIOFi OF PAYROLL: I I . -__ I I- t I i Authorization was given for the payment of bills : : for the gener.31 expenses of the City in the I i amount of $12',724.45 and for the kater Deaartment; biorth -; in the amount of $12,115.40, for the period I Neisw i July 18, 1967 to August 1, 1967, as certified by :Atkin : the Director of Finance and approved by the : Dunne i Auditing Committee. i Jarcii i Ratification of the payroll was given for the i \hi c r t i-i : second half of July, 1967, in the amount 0.f : Neisw i $27,337.17, as certi iiec! by the Directer of i Atkin : F'nancc and approved by the Rudi'c! ng hmi-itee. ! DLI~~IX I I 1 I I I i Jardi I I I I f : ADJOURt<MENT: I ! I I 1 I I 1 " : By proper motion the meeting was adjournes at ! ; 9:50 P.H. I % I I 0 i Respectftrl ly s ubni tted, ; L,, ,I-: - &.. - L /" /I' :, ; ,, , !'4? : /;. ,. <;.< ,, t. . ,//;i/"f-c:. ;. IC " ,/' I' I 'I i [{ARG,G?,ET E. ,L!,DP,:,IS i Ci-ty'Clerk I I a 1 I I t I I I I I I I I 1 I $