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HomeMy WebLinkAbout1967-01-03; City Council; Minutes.a :CITY OF CARLSEAD I \, '\ '\ ' I lqi nutes of: CITY COUNCIL (Regular Meeting) i '* '\ '\ '\ '. ' :Date of Meeting: JaRuary 3, 1967 ; ~a me '-, '" ; of 83 :Time cf Meeting: 7:OO P.M. t! .,. X' i I_p__?-a^_c_e_"o_~"~-~~-~~-~g-~ - """"""" Council """"""""""____^__________ Chambers ; ~" """"""_. Member :Neiswender, Atkinson, Dunne and Jarcline. Also I I I 1 I 8; !ROLL CALL was answered by Councilmen Worthing, I {present were City Ma;iager- Mamaux, City Attorney : ;Wilson and City Clerk Adams. f i INVOCATION was offered by MayoriAtkinson. I !ALLEGIANCE was given to the Flag. I t i I 1 I I 4 I I I I I I I i :APPROVAL OF MINUTES: I i i 1 I I I :Minutes of the regular meeting of the City CounciiNorthing f he1 d December 20, 1966, were' approved as submi ttedueiswende I :Dunne 1 : Jardi ne i CORRESPONDENCE: I I 1 I !Atkinson I i I I 1 t i I I 1 I [A letter from the California Outboard Boat Racing! :Association, dated December 24,'7966, was present: ;ed, requesting permission to stage outboard races: :at the Carlsbad lagoon on Sunday, January 29, I j1967. I :The Council requesteti that the association be I 1 :notified that until such time as the committee i :had completed their study and rules and regula- ; :tions had been established by the Council., th.ey i jcid not wish to grant permission to any organiza-: ltion to hold special events at the lagoon. i I I t 1 I' I I I 1 i i ORAL COMMUNICATIONS: ;There were no oral communications. ;ENGINEERING: I i I I I I I I 1 1 I I I I I I 1 I I I I f (a) Offer of Dr.ai:?a.ge. Easement by Mrs.. ./irterbGrni I :The Council was informed this easement w.as in I :connection with the storm drainage project on I 1 jBasswood being constructed jointly be-tneen the I :City of Carlsbad and the Oceanside-Carlsbad Union: ;High School District. I I I I 1 I I :By motion of the Council the Grant of Easement :Northing 1 :\vas accepted by the City Council on behalf of theiNeiswende !City of Carlsbad, and the Clerk directed to :Atkinson :record the same. jDunne I :Jardine I I i I ; (j) I I Report on Bid Response for Drainage Project ! ;&-I Basswood and Monroe, etc. I I i I ;A' wrjtten report from the Engineering Department I i :kctween the ,Oceanside-Carlsbad High School Dis- i I 1 ; .. b~i clc and th'e City of Carlsbad. Don Hubbard ; Csnt,racti ng Company, 865 First Street , Enci ni tas, I i ~W;S presented to the Council showing a tabulation: :cf the six bid responses received for the drai.n- i :age Froject. This project'is a joint venture I I ' P.. 7: .; :cAz1 I, ornia, submitted the low bid on proper form ; i~cd correct in the amount of $6,141 .OO. The I tZsgineering Department recommended that the con- i ;-::..act be awarded to Don Hu,bbard Con,tracting Com- I ; scny. I I e ,. 1 I I I I I I I I I ! I I i I I b I - I .- I I -2- .\, '\ ' 1 ; of '< :The City Attorney recommended that the contract 1 {be awarded to Don Hubbarci Contracting Co., subject :to the bid being reviewed by the School Board. :By motion Of the Council Don Nublard Contracting ;Northing I ECo. was awarded the bid for the construction of :Neiswendc '"he storm drain, subject to the stipulation that :Atkinson [:he bid be reviewed by the Schobl Board. :Dunne i(c) Offer from Division of Highways for Holiday i :Park right of way. The City Attorney stated he ; ;was directed to check the offer made by the State i ;Divisions of Highways for Holiday Park right of ; !way at the last meeting. There is a provision i :in the Government Code whereby the City cannot : :sell park properties without holding an election; i :therefore, he recommended that the City a1 low I ) Ithe matter to go to condemnation. The Council is i tin agreement with the offer submitted by the State :in the amount of $30,071. and a stipulation can i !be presented to the Court at the time the matter I ;is heard. i :By motion of the Council it was agreed that the IWorthing :City proceed along the lines presented by the ;Neiswende iCi ty Attorney. ;Atkinson 1 :Dunne j(d) Proposed East Carlsbad Annexation No. 2.6 - i :Kelly, et al. The Council was informed a petitio; . :has been received by the City requesting annexa- I :tion of approximately 365 acres of land. This ; :matter has been before the Local Agency Formation: tcommission, and was approved subject to some I {additional lands being included i'n o.rder to :straighten the boundaries. ,The following resolution w'as presented for con- I ;si deration: 1 I :Resolution No. 1350. 'A RESOLUTION OF THE CITY :\$orthing :COUNCIL OF THE CITY 0F.CARLSBAD GIVING NOTICE OF INeiswende :PROPOSED ANKEXATION AND SETTING PROTEST HEARING :Atkinson :REGARDING EAST CARLSBAD ANNEXATION NO. 2.6, Has iDunne !adopted by title only and further reading waived. :Jardine 1 : Name '\, ' a i Member 8 '* I I l )""^"""""""""""""""""-"""""""~"""""""""~"""""""" 1 8 1 I I I I I I I 1 I I IJardi ne I 1 ,I I 1 I > I I I I I jJardi ne I I I I I I 1 I I % I 1 1 I' I f I i P I I jPARKS AND RECREATION: I 1 I 1 I I I !(a) Memorandum from Parks and Recreation Commis-: :s-ion - re: Improvement of Hoover Street. A I I !memorandum from the Parks and Recreatio'n Commis- i ision dated December 22, 1966, was presented, stat: ; ;ng 't was their feelings that any improvement of I :Eoovzr Street should be initiated by the owners ; :of the contiguous property, their reasons being; i !there is no space available for public parking i ja.nd therefore would not alleviate the shortage of i ;parking spaces during boat races; nor would the ; ;cul-de-sac type street lessen the congestion of I :surrounding streets. I I : Jy notion of the Council it was agreed that the :Northing !;report from the Parks and Recreation Commission jNeiswende -:be accepted and the matter tabled. :Atkinson i :Dunne c. I I I I 8 t 1 1 I jJardi I ne 1 I t I 1 I I I I I r I 1 I . t -5- i I 'x, ', -\ I \' i IYa me '\, ' '\ i Gf 't i I 1 t I 1 I :""""""""""""""""""-"""""""""""""""~""""""""~"" : Mernter I I 1 I i '8 : i (b) Appointment to Parks and Recreation Coinmi s- I 1 sion. With the consent of the Council the Mayor i : appointed Donald W. Huffman, 4315 tiighland Drive; f to fi 11 the unexpired term of Rubin Martinez, f ; which term expires August, 1969. I I I I b ! NEW BUSINESS: I I 1 I I 1 1 i (a) Sublease between City of Carlsbad and ; Rotary Club, Inc., re: Rotary Park. The City i 1 Attorney informed the Council a Sublease had 1 I I 1 j been presented to the Council some months ago, i I: however, the Rotary Club was not incorporatedkat ; t tha.t time. Incorporation documents have been ' I I completed and the sublease is being presented : ! for the Council's consideration. I I By motion Of the Council the Sublease between I auorthing i the City of Carlsbad and th,e Rotary Club of !pjei swendc ; Carlsbact was approved, and The Mayor authorized :Atkinson i to execute ,the document on behalf of the City of iDunne : Carlsbad. : OLD BUSINESS: I I * I I I I I jJardi ne I 1 I I I 1 I I 1. i (a) Report from committee on proposed Ordinance i I #3072, regarding Assembly, Disassembly, or re- : ; pair of Motor Vehicles. i i I ! I I I I i Cmn. Jardine reported to 'the Council that he and i i Cmn. Worthing had made a study, and certain 1 I ; modifications and additions were given to the i i City Attorney to put in ordinance form. A copy 1 ; of this ordinance was presented to each Council- i i man for their consideration. They have tried i ! to come up with a fair ordinance an.d yet not 1 i infringe on an owners ri,ghts to repair his own i : automobile. I 1 I 8 I t I I *' I I i t I I I I 4 ' I 4 I I t I t 1 I 1 I 1 I I I I I I I I 1 I I I I I I I 1 I I 0 I 1 I I * 1 * I I I L L 4 I I I I I I I I I I 1 Cmn. Northing stated they were in hopes of dis- : cussing this matter this evening. In studying i this matter it. was felt that a permit was not i necessary if the work was done in an enclosure. ; I I Cmn. Neiswender pointed out one party made the i statement that this ordinance was aimed at him. i According to the Building Inspector's records ; these car repair complaints are scattered througq.- out the City. I 1 Cmn. Northing pointed out this does not eliminati the cars that are junked and laying around in i yards, I Cmn. Dunne stated according to this ordinance ani owner can do repair to his car or someone elses I car if it is not done for commercial enterprise.; If there are major repairs being done to a car i and they are not being done in an enclosure, I then it will be necessary to apply for a permit. i Discussion was given as to how the City could i prove that a party was not doing the work for i Pay * I 1 1 I I I i t I 1 1 1 1 I I I t 1 I I & ; I 1 I I ! I '\ ' I I Name '\, I : of '3 I t '. I I I I I-----"-------"-"-"-----""----""""""""~""""~"""~""~"""""~"" I i I Member I I 1 1 I I I I * I I I c I I I I I I I I I I I I 1 I I I I I I I D 1 I 1 The city Attorney informed the Council it would i be very difficult to prove that a party was re- ! cei vi ng pay. 1 I Cmn. Northing stated the one problem the commit-: tee was faced with was how to handle the situa- i tion when people 60 work on cars as a hobby, and: they go to some friend's house to do the work : because the friend has the tools to work with. 1 After further consideration Mayor Atkinson re- i quested the matter held over for two weeks in : order that the general p'ublic could review the i draft. I I 4 I I I I I I (b) Second reading of Ordinance #8045, regardin4 : moving or wrecking of structures. The following: i ordinance was presented for a second reading: I I I 1 I (b) Second reading of Ordinance #8045, regardin4 : moving or wrecking of structures. The following: i ordinance was presented for a second reading: I I I 1 I i Ordinance No. 8045. AN ORDINANCE OF THE CITY OF !Northing : CARLSBAD REGARDING MOVING OR WRECKING OF STRUC- jNeiswendc i TURES, was given a second reading by title only :Atkinson i and adopted. IDunne I ; Jardine i (c) Second reading of Ordinance #8047, rega'rd- : i ing grading permit fees. The following ordinanci' ; was presented for a second reading: I I I I 1 I I I 1 i Ordinance No. 8047. AN ORDINANCE OF THE CITY .OF :Northing I CARLSBAD AMENDING SECTION 17 OF ORDINANCE NO. ' ' ; Neiswende i 8039 REGARDING GRADING PERMIT FEES, was given a :Atkinson ; second reading .by title only and adopted.' i Dunne I I I : Jardine i Appointments to Citizens Service Award Committee; ! With the Consent of the Council, Mayor Atkinson i i appointed Gerald McCI,ellan, Manuel Castorena and: ; Mrs. Bernice Channel1 , to the Ci-tizens Service I i Award Committee. I I L 4 I. I 8. I Jack Y. Kubota - re:. Street Striping Program. ! : Mayor Atkinson' informed the Council a letter was: i received today from Mr. Jack Kubota. It is Mr. ; ; Kubota's concern as to whether a written policy I i has been adopted in regards to street striping. : i The City Manager informed the Council a definite: : policy has never been adopted. It is an expen- I i sive program to stripe the major arterials and ; ; other through streets, ana could become very I i expensive if all residential streets were in- : : cluded. -. ine striping on some of the residential! i streets would be very difficult to maintain due ; ! 'to the grade and the condition of the street i i improvements. When a street is improved under : : the 1971 Act and this street receives consider- i i able traffic it is striped. If it is just a I I ; short street and is going nowhere it is not I I r striped. Other streets are striped as traffic : ! increases. This determination has been made by : i the Traffic Safety Committee. 1 I j Cmn. Dunne stated Mr. Kubota pointed out that ; ; it is less expensive to have a private contract-! \ or do the work, and asked if the City' has any : t figures as to the cost if a private contractor I I 3 I 1 I I I 1 I I I I I I 1 I I I 1 I I I I 1 I * I I I I 1 1 I I r I I I"""""""""""""""" I I -\ ' i Ns me '8, ; of ' 8 'T -3- ! Member """"""""""""""""""-"""~""""""" 1 I 1 I i were to do the work? 8 I I 1 1 I I i Mr. Thornton, Assistant Engineer, sta.ted a repor4 f was made five years ago, and it was found that I I it was less costly to have city personnel and : i equipment do the work. I I i Cmn. Worthing suggested that if all residential i ; streets were striped perhaps it could be paid : i for by an additional 1/2$ tax. Also perhaps I i : a full scale striping program could be done I i i every other.year. i After further discussion, by motion of the IWorthing ; Council it was agreed that the Street Striping :Neiswendc i Program be referred to the Traffic Safety Com- !Atkinson : mittee for further study and evaluation. :Dunne I I 1 I I I I I I ; I I I I !Jardine I : CITY ATTORNEY'S REPORT: I I I I 1 I ; (a) Public Nuisance. The City Attorney inform-: I ed the Council a proposed Public Nuisance Ordi- : : nance has been prepared for the Council's con- i ; sideration, which may be useful' in the future f \ in dealing with such problems as moved bui'ldings i : that are not placed on foundations, caves'and : i wrecked automobiles in "R" Zone, etc. i The following ordinance was presented for con- i ; sfderation: i Ordinance No. 8048. AN ORDINANCE OF THE CITY [Worthing i OF CARLSBAD REGARDING ABATEMENT OF PUBLIC NUIS- INeiswend ; ANCES, was given a first reading by title only ;Atkinson. i and further reading waived. I : Jardine i (b) Security First National Bank cases. The : Council was informed by the City Attorney he was: ; in receipt of the thi'rd and last request in the ; I series of cases regarding the taxability of I I ! safety deposit boxes by the City. This is an I i old set of cases and has been handled by the 1 1 : County Counsel's office on behalf of all the I I i cities. They recommend that the City stipulate i ; the entry of judgment for this City in the t I i amount of $31 ..go. The City Attorney recommend- ! ; ed that he be authorized and directed to execute! i the Stipulation on behalf of the City of Carlsba3. i By motion of the Council of the City Attorney iVorthing : was authorized and directed to execute the : Nei swend [ 'Stipulation on behalf of the City of Carlsbad. : Atkinson I : Dunne , I 8 , I I I i 1 ,, , I 1 I I I I 4 ; Dunne t I % I I I I I. I I I I I , 1 I i Jardine I I I I I I I t 1 I I 4 I 1 4 I 8 1 I I I I I I L I I I 1 1 I I I 1 (c) Karriar Construction Co. barrier lots. The i City has received an offer from Kamar Construc- ; tion Co. of various barrier lots. IJhen a subdi-! vis-ion map is filed in many cases these barrier i I lots are requested by the Engineer Department in: order to control access. They are of no use to i the developer and he is being assessed for the : lots. In the future it is the intention of the I City to request a grant deed from the developer : at the time the final map is filed, and then I I I 1 $ I 1 t I r) -4 t 8 .~, --- _.. I I I 1 I I I -6- I I ." 8' '. ' ' '. i Name '., y : of '; I :=---"-----------"---"-""-"--"--""""""~""""""""""~"~,""""~"~~~ ; Member i this situation will not arise in the future. I I I I I I ; The following resolutions were presented: ! I I 1 I I i Resolution No. 1354. A RESOLUTION OF THE CITY I jWorthing : COUNCIL OF THE CITY OF CARLSBAD ACCEPTING CON- :Neiswende I CORDING THEREOF (Kamar Construction Company,InciXDunne 1 was adopted by title only and further reading !Jardine i waived. i VEYANCE FOR PUBLIC PURPOSES AND DIRECTION RE- :Atkinson I 1 I 1 : Resolution No.. '1355. A RESOLUTION OF THE CITY 1 !Northing ! COUNCIL OF THE CITY OF CARLSBAD ACCEPTING CON- :Neiswende i VEYANCE FOR PUBLIC PURPOSES AND DIRECTING RECORDfAtkinson f ING THEREOF (Pacific Vista Estates, Inc.) was iDunne i adopted by title only and further reading WaiveddJardine I i (d) ; vi0 I aut ; tai 1 Ave i the I of I El 'USly hori n ea nue. s am the m Ave the zing semen Ar e as Kader nue Condemnation City Council adoP and- directing con ts relative to th esolution has bee previously adopte Property. pE+E%%?i t demnati on of e extension o n, prepared wh d, with the d I I Pre- I 'i on cer- i f Elm : ich isi eletiotj I I I I I I I I Resolution No. 1351. A RESOLUTION OF THE CITY i jWorthing i COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND :Neiswende i DIRECTING CONDEMNATION OF CERTAIN EASEMENTS, :Atkinson i was adopted by title only and further reading :Dunne ! waived. i Jardine i an Executive Session for the purpose of discuss-: ! ing possible litigation. I I I : Executive Session. The City Attorney requested 6 I I I I I I I The Council adjourned to the adjoining room at i i i The meeting reconvened at 8:12 P.M, ! : The Mayor announced the purpose of the Executive: I I. I I i 8:08 P.M. I I I I I I I I. : Session was to discuss possible litigation, and i i it was the decision of the Council that the I I I : claim be denied. I 8 : Offer of Deeds for public i Jr. and June Lytha Kader. : formed the Council he had i from John Kader, Jr. and J : right of way purposes conc i extension and the other is ; The City Attorney recommen i by way of the following re I 1 1 purposes - John Kader,i i The City Attorney in-: received two deed: I erning the Elm Avenue i solutions: I une Lytha Kader for : I a slope easement. i 1 ded the deeds ac,Icep.tedj I I I ! i ,Resolution NO. 1352. A RESOLUTION OF THE'CITY I I !Northing i Resolution No. 1353. A RESOLUTION OF THE CITY !Northing 8 ! COUNCIL OF THE CITY OF CARLSBAD ACCEPTING C:ON- ;Neiswendel i VEYANCE FOR PUBLIC PURPOSES AND DIRECTING RE- !Atkinson ; CORDING THEREOF, was adopted by title onlyjand :Dunne i further reading waived. I Jardi ne i COUNCIL OF THE CITY OF CARLSBAD ACCEPTING CON- iNeiswender : VEYANCE FOR PUBLIC PURPOSES AND DIRECTING re- :Atkinson i CORDING THEREOF, was adopted by title only and iDunne i further reading waived. : Jardi ne I I 1 1 I 1 I I I 1 I I I I ! . .. ~ .. .~ - .~ . I I 1 1 I 1 I I I I .. . - ! . ~. ". . I : oi < .- -I- I l""""""""-"""-"""""""""""""""""""""""""~""""""~ I I Member I 1 I 1 b I I I CITY I"IANAGER:S REPORT: I j The City Manager stated he wished to advise 'che i i Council of his appointment as \/ice Chairman to ; i the Management Committee of the San Diego Region+ I a1 Genera7 Plan and Transportation Coordinating i ; Organization. Also he has been appointed to the: I Committee on Library Service for the League of i i California Cities. i Financial Reports: Cmn. Northing stated he had i ; made a request for ?he City Manager to highlight: i :'teems contained in the monthly Financial Report i : of the City. I i have their report with them, Mayor Atkinson 2 i Pol icy for City Employees. Cmn, hiorthing in- 1 ; quJred of the City Manager if he were working i ; on a Policy for City Employees for the Council i i to consider. i The City Plianager infcrmed the Council he had a : : draft prepared; however, Cmn. Dunne suggested 1 i be write to another city for a copy of their I 1 I 81 1 i I P I 1 I 1 I .. 1 : As some of the members of the Council did not 1 f : requested this matteydeferred for two weeks. i 8 i I I I I I 3 I 4 1 t t policy that was recentiy completed. I : Council discussion sessions. Mayor Atkinson in-: 1 1 I I 1 s t i formed the Council it has been suggested by one : i of the members of the Counci7 that an informal i i session be held by the Council from time to time: i to discuss matters. There wculd be no action i i taken at these sessio):s, merely discussions. In; : order to not violate the Brown Act, it would be i i necessary to adjourn one of the regular meetings; ! ' to another date. ! I I : After further discussion it was agreed that the I i I meeting of January 17, 1967, be adjourned to I : January 18, 1967. 1 I I t. 1 I i AUTHORIZATION FOR PAY;VENT OF BILLS AND RATIFI- i i CATION OF PAYROLL: I I I 1 i Authorization was given for khe payment of bills : for the general expenses in the amount of i $774,764.26 and for the b!ater Department in the 1 amount of $143,858.13, for the period December ; 20, 1966 to January 3, 1967, as certified by i the Direc'cor of Finance and approved by the : Audi ti ng Committee. I I .< I I '1 1, iiorth beisw ;Atkin ;Dunne 9ard-i I l ing lende son ne i Ratification or" the Payroll was given for the I Worthin9 I second haif of December, 1966, in the amount of hkleiswende ; ~z3,~90.55,. as certified by the Director of :Atkinson i Ficance and approved by the Auditing Committee. bunne 1 I I : ADJOURNMENT: i aardine 1 I I I I I : By proper motion the meeting was adjourned at 1 1 i 8:25 P.M. i I I 8 i Respectfully submitted, 1 i i... , rf: ' i City' B lerk 1 ,d ,/dpcc &,w@ p: L/ &/A i NAR($AF.-T E. ADAMS \ I 1 I L I I 4 I 4 h I I 1 I I I I I I