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HomeMy WebLinkAbout1966-12-20; City Council; MinutesI :CITY OF CARLSBAD , CITY COUNCIL (Regular Meeting) : . '* '+ i Minutes of: ', ', . '*, :Date of Meeting: December 20, 1966 :Time of Meeting: 7:OO P.M. i Name *., 'Place of Meeting: Council Chambers i ROLL CALL was answered by Councilmen Northing, 1 Neiswender, Atkinson, Dunne and Jardine. Also i i present were City Attorney Milson and City Clerk : i Adams. City Manager Mamaux was absent. i INVOCATION was offered by Mayor Atkinson. i ALLEGIANCE to the Flag was given. i APPROVAL OF MINUTES: .* . - I '. ' : of ' ~-""""~-~"-~.~~--~~~~-~*--~~--~-~~-"..~~""""~"~"~~~~""~"""~,"""""~~~ ; tdember I 1 * I I \ 1. I. I t. 1 I I I 1 I I I 1 I L I a I I .I I 1 I 1 I I [ Minutes of the regular meeting held December 6, Ilarthinc ; 1966, and the adjourned regular mee,ting held :Nei swenc i December 13, 1966, were approved as presented.. IAtkinsor I ; Dunne t 8 ! Jardine I .$ I I I I 1 I 1 : CORRESPONDENCE: i Certification was given to the.population esti- :Worthin i mate submitted for the City of,Carlsbad at 13,350iNeiswen : as certified by the State of California, Depart- :Atkinso i ment of Finance on^ November 1, 1966. / Dunne I I I I i Jardine I \ I ! Authorization was given for a refund of a businesbWorthin , i 1 i cerise fee paid by kli I1 E. Tinell in the amount : Neiswen : of $10 ?OO, due to the fact Mr. Tinell' was unable I Atkinsc ;.to negotia'te .a lease for his place of business. ; Dune ! I 't 8 I i Jardin6 I ; ORAL COMMUNICATIONS: I. I I I I I : MR. ROCKY STONE, operator of Carlsbad Boat Land- ! i ing 3 informed the Council he has been approached I : the last two months by a TV Statton wanting to i i program events taking place on the lagoon. This ; : would certainly advertise the City of Ca,rlsbad, i, i and they are in hopes a de.cision will be made ; : soon by the City Council as to events, being 'held i i on the lagoon. I I i MR. JOHN FOX, owner and operator of Fox's Snug i : Harbov, stated he had also received correspond-' : i ence from the TV Station. Requests have been i : received .from various clubs and organizations i .wanting t'o hold.events during the winter season. i i Mayor Atkinson informed. the operators this in- ; ! : formation would be turned aver to the committee : I making the study. i ENGINEERING: I I I I I I I I t 1, I * I B I I : ;* 1 ! (a) Improvement of Jefferson St. , e-t'al. 1911 i i Act Proceedings - A.D. 2-1965, IheAssistant : Engineer presented the Plans and.Specifications, i i Assessment Diagram showing the boundaries of I 1 : the district, and the Map. i Mr. Thornton, Assistant Engineer, informed the : : Council proceedings .for this project were started; I in February, 1965. At that time the, Engineering ; ! Department recommended that this improvement be ; i made through to Interstate 5; hDwever, since that! : they are going to realign the northerly portion 1 I I I I I I I I I I 0 ! time the Division of Highways notified the' City : 8 'j I I I 1. 8 I I ;'! a, 'I of Interstate 5 intersection. ,' i v 8 ; Mr. F)kQy,ntnfl f:jwtt-ew sta",ed tha5 zfter tl7e I -2- I I ; of ' x-1 i I 1 , .' s' * *, I : Name '8, a ~-""""""""""-""."."--."--""""""""""""~"""""~,"""""~" $ I Member 1 1 6 1 0 i Resolution of Intention is adopted the City will : 1 : have to acquire rights of way from 30 property i i owners. It will also be necessary to acquire * i drainage and slope easements. The estimated cost; ; of the project is $188,908.00: There are 135 i i parcels benefiting directly from the project and i : 4 indirectly. The City will have'to acquire I I street tree planting areas from 90 property owner;. 9 I I ! , I 1 : Cmn. Jardine asked if adjoining property owners i ! ties be added to this project? I 'I ; wished to join in this project could the proper- ; D e 1 l 1 i Mr. Thornton informed the Council they could not i ; be included in this district without having I : another hearing; however, in some cases. property i i owners enter into a cash improvement project in : : order that the work can all be done at the same i i time. I I I I 4 1 I i After further consideration the following resolu-j : tions we.re presented: + : Resolution NO. 1344. A RESOLUTION OF THE CITY :Northing i COUNCIL OF THE CITY OF CARLSBAD APPOINTING ; Nei swendc i was adopted by title only and further reading i Dunne ; waived. : Jardi ne i Resolution No. 1345. A RESOLUTION OF THE CITY : Northing ; COUNCIL OF THE CITY OF CARLSBAD, APPOINTING EN- iNeiswend6 I GINEER AND FIXING COMPENSATI,ON, A.D. 2-1965, was i Atkinson. : adopted by title only and further reading waived.! Dunne I : Jardine I I I & I 1 : PERSON TO PREPARE ALL PROCEEDINGS, A.D. 2-1965, :Atkinson I / I : I I I i Resolution No. 1346. A i COUNCIL OF THE CITY OF i NATING ENGINEER TO PREP i was adopted by title on i waived. i PARATION OF PLANS AN'D s * RES CARL PECX ARE 1Y a. OLUTION OF THE CITY. ~ SBAD DIRECTING PRE- FICATIONS AND DESZG- PLANS, A.D. 2-1965, nd further readtng I I 8 I :Northing i Neiswende !Atkinson : Dunne i Jardine P i Resolution No. 1347. A RESOLUTION OF THE CITY OF: Northing : CARLSBAD APPROVING PLANS AND SPECIFICATIONS FOR ; Neiswende H CERTAIN STREET IMPROVEMENTS AND APPROVING ASSESS-: Atkinson I MEKT DISTRICT MAP, A.D. 2-1965, was adopted by ; Dunne i title only and further reading waived. i Jardine I '. 1 1 t Resolution No. 1348. RESOLUTIOU OF THE CITY t I I COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I I i DECLP.RING IT'S INTENTION TO ORDER CERTAIN STREE.T : : IMPROVEMENTS AND APPURTENANCES AND APPURTENANT 1 ! WORK IN SAID CITY; DECLARING THE IIORK' TO BE OF : Q . .a i KORE THAN LOCAL OR ORDINARY PUBLIC.BENEFIT; DES- : i CRIBING THE DISTRICT TO 3E BENEFITED BY SAID NOR'I( ; AND TO BE ASSESSED TO PAY THE COST AND EXPENSE. i i THEREOF; DETERMINING THAT BONDS SHALL BE ISSUED : ! TO REPRESENT ASSESSMENTS TO BE LEVIED; AND FIX- : i IXG TEE TIME AND PLACE FOR HEARING PROTESTS AND :Northing I OBJECTIONS TO SAID WORK OR THE EXTENT OF THE i Nei swende I CISTRICT TO BE ASSESSED, OR BOTH, AND GIVING ; Atki nson : NOT.ICE THEREOF, A.D. 2-1965, was adopted by tit14 Dunne i only and further reading waived. : Jardine i (6) Pronosed East Car?sbad Annexation 2.6 - ' t ; Kelly, et al. i he City Attorn'ey informed the ,i Council the property owners presented their pet7-i ; tion 1-0 the Sari Diego Local Formation Commissio? : i and a hearing was he1 d. The annexation was ap- ! ' a 1 1 1 1 .> : I I I 4 - I I s -3- 1 *, . - I *' ' '. I 1 I I I i Nane 's, I"""""""""-"""""""""""r""""""~"""""""____"""""~"~" I : Member I : of *, : proved by the Commission with the exception that ; ! additional lands be annexed in order to straight-: i en the boundary 7ines. Therefore, it was neces- : : sary for the petitioners to obtain additional I I i signatures and this has not been completed as of : i this date. The City Attorney requested this I i matter continued until the next regular meeting. : I 6 I 0 4 ' t I I I I I I 1 'I I I I I I I 1 I I I I I I I I I I I I I I I I 1 I I 8 I 1 I I I I I I I I I ; I I I 4 1 I I I I t I I 1 I I I I I I 1 I I I I I > 1 I I I I I 8 I 4 I I I I I 1 I I k 4 I I I I I 1 I I 1 I. I I I I I 6 I 6 I 1 I s 1 I 0 I I I I I s I t , I 1 I 1 I I I I I '0 k 1 8 1 I I '> : 1 I t L I I I I I I (C) Offer of Division of Highways for Holiday : Park right. of way. The Council was informed an i offer from the State Division of Highways has : been received for a 40' strip from Ch.estnut Ave. i to Pine Ave. in the .amount of $30,071. This strijp will take the barbecue pit, ramada and the play i area. The facilities that can be moved will be : moved to another area. The City's appr.aisers I feel this is a fair offer. I I Cmn. Jardine pointed out the Parks and Recreatio; Commission have requested that. the funds received, from the State be used to purch.ase the Poke I I property, w.hich lies in the ceDter. This properf ty appriised for around $33,000.00, therefore, ; , there would .be a deficit. There is a fund es- tablished for Parks and Recreation use of monies! received from Transient Tax, and perhaps this : I could be used to make up the difference. 8' I By motion .of the Council it WH agreed that the i offer be accepted and the proper persons author-: ized to exec,ute the agreement. I 1 The City Attorney was asked.if he approved of i 'the Contract as presented, and he informed the f Council he had not seen th.e Contract. I I Crnn. Neiswender and Crnn. Jardine withdrew their I motion, and by common consent of the Council the; matter was deferred until the next regular meet- i ing. I I \ 1 8 I 1 * 1 I I I I 1 (d) Report on Street Stripeprogram (Continued i at request of.Mr. Jack Kubota, As this matter i Kubota, and Mr. Kubota was not present this * evening, it was agreed that the present policy : for street striping be maintained and that Mr. i Kubota be given the opportunity to comment on : the report at the next regular meeting. had been continued due to- a request by Mr. Jack 1 l a I I t I I I .I PLANNING: I (a) Memorandum from Planning Commission re: 4 I Appeal of Denial for Rezone, Precise Plan an.d Tentative Map on property located at .the' North- : west corner of Interstate 5 and Tamarack Ave'. I I Applicant: Archie Koyle, et al. Memorandum a I from the Planning Commission dated December 14, i 1966, was presented, stating at their regular' : meeting of December 13, 1966, the applicant with; I I I I (a) Memorandum from Planning Commission re: 4 I Appeal of Denial for Rezone, Precise Plan an.d Tentative Map on property located at .the' North- : west corner of Interstate 5 and Tamarack Ave'. I I Applicant: Archie Koyle, et al. Memorandum a I from the Planning Commission dated December 14, i 1966, was presented, stating at their regular' : meeting of December 13, 1966, the applicant with; I I I drew his previous application with their permis-! I sion, for the purpose of filing new applications: according to his new plan, therzfore, no further! action is required until new applications are : submi tted.. (b) Tentative map of Sandalwood Dale Subdivi- ! Sion Unit #2, located at the corner of Basswood i. Ave. and Highland Dr. Developer: Bee Cee CO. : . and Howard ti. ClOUd. I 1 I 1 I I I I r. I -4- I 1 '. ' ' I 1 * \' i 8, 'q ; Name \. : oi 1 I 4 I . ~"""-"""--""""""""----------"""~"""""""""""""~~"""~""" I Member 1 I 1 0 1 The tentative map of Sandalwood Dale Subdivision i i Unit $2 was presented for the Council Is review, ; ; comprised of 14 lots. By Resolution 4475, adopt-: i ed December 13, 1965, the Plarining Commission I ; certain conditions and restrictions. 1 1 The Assistant Engineer infor,med the Council their; 8 l department had made certain recommendations, as ; i we1 1 as other departments, to the Planning Corn- : i the .restrictions and conditions. I 1 I After consideration by the Council the following l 1 : resolution was presented: I $ I i recommended approval of subjeet map, subject to ! I { I 1 1 'I 1 mission 9 and the developer has agreed to' a1 1 I 5 I 1 I 1 'I I I I I I I I I I b 1 I 3 I I L I 4 1 1 I I I I I 1 8 1 I I L & ? t I I ; I I I I 1 I I Resolution No COUNCIL OF TH TENTATIVE MAP SUBDIVISION, reading waive . 1349. A RESOLUTION OF T'HE CITY I Northing E CITY OF CARLSBAD, APPROVING THE ' ! Neiswendl OF SANDALNOOD DALE UNIT NO. 2, : Atkinson was adopted by tit.le only and furthir Dunne d. : Jardine 7.~ I I. Cmn. Worthino asked if there was some way when ! street improvements are constructed for a devel-j opment of this type that,the property owners on : the opposite side of the street could be con- i tacted to see if they wished to participate in : the street improvements. I I The Assistant Engineer informed the Council tha: time runs out as far as the City is concerned, : and the developer is anxious to start the work. i 1 / 1 I I 1 i Discussion was given as to the wall constructed i I on 'one of the properties on Basswood Ave. ¶ and ; i Mr. Thornton informed the Council .they are try- 1 ; ing to salvage the wall. I I I 1 ! I ; NEW BUSINESS: 6 t r 1 L I I I I ! (a) First. reading of Ordinance $8045, regar'd- ; . 1 i ing moving or wrecking of structures. The City: i Attorney informed the Council this ordinance .is ! i a skeleton ordinance regarding moving and wreck4 : ing of structures. The Building Official will i i set up rules and regulations and can be adopted! ; by way of a resolution if the Council wishes. i I I I 1 1 I I I , I , I I 5 e I * 1 I 1 I 8 I i b 1 1 I I I '. 1 I L I 2 Z * >: 1 I I t t r I I * The Building Inspector informed the Council thei Building Department will have Rules and Regula-: tions printed that will be presented to the I I applicant at the time the permit is i'ssued. 8 i After discussion, the following ordinance was : presented for a first reading: 1 I I ; .* I I I Ordinance No. 8045. AN ORDINANCE OF THE CITY :Northing OF CARLSBAD RE.GARDING MOVING OR NRECKING OF i Nei swende STRUCTURES, was given a first reading by title ;Atkinson only and further reading waived. ; Dunne : Jardine 1 - i he Council requested that a cocy of the rules i and regulations be sent to each member. 1 1 b 1 I 1 I 1 b I 1 I I I b. 1 1 1 1 J I I 8 4 I -J- 1 I I '\ ' 8' .. \' ; tia ,ne 's, I C4 . :""--"""""""""--"---"--""-""""""~""""""""""",""""""~ I Merr,ber 1 a i (b : 79 ; ih 1" i po I : re 1 an i is I I ) First reading of Ordinance i2046, adoriting i 1 64 Uniform Bw-jldinq Code, Vol. I ana Avriendix. ; e City Attorney informed the Cour;ci i the Un'i- ! rm Building Code for 1964 wi:ll be adopted by : ference only due to the size of the document, i d the Notice of intention to adopt said Code ; published twi,ce prior to the hearing. z i a [ By motion of the Council it wzs agreed that the : 1 i Council consider the adoption of Ordinance #8046 !Worth-ing ; at a pubiic hearing to be held January 17, 1967, :Neiswendt f at 7:30 P.H., and authorization given for publi- :Atkinson i cation of the Notice of, Hearing twice in the i Dunne 1 Carlsbad Journal. ; Jardine I J I i (c) First reading of Ordinance #8047, regarding i i grading permit fees. The Council was informed i ; the Building Department has requested that the ; : Grading Permit Fees be increased, as the present i i fee of $10.00 does not pay for.the time spent I : in plan checking and inspection. The fees pro- 1 ! other cities. 4 / Tne following ordinance was presented: 1 : Ordinance No. 8047. AN ORDINANCE OF THE CITY OF IkLorthing t CARLSBAD ANENDING SECTION 17 OF ORDINANCE NO. i Neisnend( : 8039 REGARDIbiG GRADING PERMIT TEES, was given a ! Atkinson i first reading by title only and further reading / Dunne : waived. : Jardine i OLD BUSINESS: I I I ; posed in.the ordinance are in conformity with ! I i I B 1 1 i t I I 1 I L I I I 1 1 I I . .I I I (a) ' First reading of Ordinance. g3072, reg'a'rdi'ng i. i Assembly, Disassembly, or repair of Motor Vehiclejs. : Cmn. Northing reported the committee appointed to: i study the proposed ordinance has met twtce, how- i : ever, there are some matters that need to he djs-; ; cussed with the City Attorney. Therefore, he . , ! : would like to request the matter deferred until i D the next regular meeting. I i By common consent of the Council the matter was i : deferred until the next regular meeting. P ; Mr:Feese was present and stated that after the i i meeting of December 6, 1966, he had presented H ; .the Clerk with a petition he wished presented. ; ; The Mayor informed Kr. Feese the Council Mould i / have the petition presented at the time. the '* i I ; flatter was discussed at the next meeting. I : .'* 1 1 ; I I 1 I I I I a 9 I 1 1 s 4 s i (b) Resolution #1341, adopting Purchasing Rules! i and Regulations. 1 t I 8 b L I I , Cmn. Jardine stated the revision of this' resolu-i i tion as presented has answered the questions he : : had. P t Cmn. Northing inquired as to the Flow Chart re- : i quested by Crnn. Dunne at the last meeting.' I : Crnn. Dunne stated he did not wi,sh to hold up .the: ., t adoption of this resc;ution , bowever, he would { i like to have a Flow Chart presented to each of i ; the members. I i The following resolution was presented: I I ' 9 I I 1 I ,. L s I 3 I L I I L I 3. 1 ! 4 I I . I .\ ' I . 8' '7 I' I 8 '< I '8 ' * I -6- i Name 'S8 I I I : of ' :"""""""".."~"""""""-""""-"""""""""..."".""~""""""~ ; PAernber I L 1 *. i Resolution No. 1341. A RESOLUTION OF THE CITY \Northing f COUNCIL OF THE CITY OF CARLSBAD ADOPTING PURCHAS-:Meiswend I ING RULES AND REGULATIONS, was adopted by title :Atkinson : only and further reading waived. i Dunne I ; Jardi ne i Personnel Report. Mayor Atkinson requested the i i Memorandum concerning Personnel be held Over until i the next meeting due to the absence of the City ; i Manager. I : Request for Progress Report - re: Parks and i Recreation Commission. .Mayor Atkinson asked that; i a Memorandum be sent to the Parks and Recreation : i Commission, requesting a Progress Report prepared! : for the City Council. i Busine-ss License Committee. Mayor Atkinson stateh i previously he had appointed Cmn. Ja,rdine and Cmn.; i Northing as a committee to work with members from; ithe Chamber of Commerce an a revision to the I b : Business Li-cense Ordinance. He.wou1d like Cmn. : . - . i Jardine to Chairman the Committee and he will con: :tact the Chamber of Commerce to set up the meet- : \ ings. 1 I i Listing of Agenda Items. The Mayor info'rmed the i : Council a request has been. made by one of the i Councilman that items under the- City Attorney and! : City Manager's Rep0r.t be lis.te.d, and he would like i to know if the rest of the Council wishes this i : procedure followed. 2 I ! By common .consent of the Council it was agreed : i that'the items be listed; h.owever, that they not i : be prevented from bringing up matters received ; i after the Agenda has been prepared. ! I " 1 + I 1 s 1 'I I 1 ,I 4 b 1 I * I I 1 I I # 1 1 I 1 I l I I I I i Proposed ordinance for uniform street irnproyernentj. : Cmn. Jardine reuorted he had been aDPointed as : i a committee of bne to meet with one' bf the sub- i * : dividers regarding street improvements for Sandal+ i wood Dale Subdivision. Also a proposed ordinance! ; requiring uniform street improvements for subdi- : ; visions and lot splits was presente.d and this i was studied. Some suggestions have been noted i i on the proposed ordina.nce which he will submit to: ; the City Attorney for approval. If the City 9 I : Attorney approves the suggestions it can then be i i sent to the Planning Commiss,ion for hearing on ; i the proposed ordinance. ; Street Maintenance Program Schedule. The Enginee'r: ;' I inglDepartment presented the Council.with a I '! mainder of the fiscal year 1966-67. l i Financial Reports. Cmn. Northing requested the i i City Manager to high1igh.t the items on the,finan-: i cia1 report submitted each month at the next I I i regular meeting. i CITY ATTORNEY'S REPORT: The City' Attorney inform; : ed the Counci 1 at a previous meeting he had re-. ; i quested authorization to commence legal procee.d-' I ; ings against Inland Paving Co. .for an unpaid # ; water bill. Since that time he has received ' i ,.: notice they have fi.led Bankruptcy; ;therefore, he : I would like authorization to file a claim in con- I ' t I $ I c' *I l a I : Street Maintenance Program. Schedule' for the re- I 1 e. . I I 4 1 I I I I I . '0 I \I I I I 6 b I I -. ,', 21 I I 1 # I I I *- *' -7- 1 9' ; Name 'Sa 8' I I I : of ' ! i nection with the bankruptcy proceedings. i By motion of the Council authorization .was given iWorthing i the City Attorney to file a claim against Inland :Neiswend : Paving Co. in the Bankruptcy proceedings. !Atkinson I : Dunne ~----'~--~**.~~*~~~.==~*~-***~~* .~**...** O~~..O*....~~"...".~~""""~"~l""~"""~~ ; Member a I I ! I I 1 I I I I 1 81 P !Jardine I 1 ! Vacation of Valley Street. The City Attorney re- i i quested this matter held over until an agreement ; ' *! can be negotiated with the School District for i ! i James Drive. I 1 8 I I i AUTHORIZATION FOR. PAYMENT OF BILLS AND RATIFrCA- : .I I i TION OF PAYROLL: I I Authorization was given- for the payment of bills t ; for the general expenses of the. City in the I I : amount of $25,808.06 and for the Mater DepartmentjWorthing i in the amount of $28,173.43, for the period : Neiswend : December 6, 1966 to December 20, 1966, as cert.i- i Atkinson i fied by $he Director of Finance'. and approved by : Dunne I I I I I ' . ' I the Auditing Committee. i J,ardine I I I t : Ratification of the payroll was -given for the I Northing I first half of. December, 1966, in 'the amount of ; Neiswend : $22,169.37, as Certified by t.he Director of i Atkinson i Finance and approved by the Auditing Commi ttee. ; Dunne ,. I I I I I .I i Jardine .. I I : ADJOURNMENT:. 1 I . ! I : BY proper motion the 'meeting.was adjourned at . i i 8:25 P.M. . .- . .. I I I I I. 1 .. i Respectfully submitted, I 1 t I 'a .> I' : (.-777 & F @L ir ,% I. .. i MARGA, T E. ADAMS. : City flerk -. , .. . i' : .. .. I I I I I I I 1 I b I 1 .. I I I # I ,, 1. I 8 s I I * .. .. .. ..., .. .. -. I I F .. *. I 1. 1 I ,, ! 1 0 I I t 'I 1 .. I $ I 1 I .. ; . I .. .. .. .. I I I I 1 1 I I I I I I Q '' 1 I 1 I I t I t I I 1 I I I I I 8 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 I 8 # I D I I I I I I I : :' I' I I I '. Q I. 0 I 0 I I I 1 1 I I I I 1 I I I I I I I 1 9 I I I I I I I I I 1 b I 1 I 1 * I. I !