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HomeMy WebLinkAbout1968-05-07; City Council; Minutes' ..<. CITY of CARLSMD 0 Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 7, 1968 ,$j fj Time of Meeting: 7:OO P.M. ~ Invocation was offered by Councilman Jardine. Allegiance to the Flag was given. APPROVAL OF MINUTES: CORRESPONDENCE: [68] - (b) Letter dated April 22, 1968, from the Buena Vista Lagoon Park Citizens Committee, giving notice of hearing before the Fish and Game Commission, San Diego Division, on April 26th at 9:30 A.M., re- garding leasing of Nature Conservancy property to State Fish and Game, and a letter from the Department of Fish and Game Commission dated April 12, 1968, addressed to Dr. Roy H. Palmateer, Chairman of the Buena Vista Lagoon Citizens Committee, were acknow- ledged and ordered filed. ORAL COMMUNICATIONS: There were no oral communications. PUBLIC HEARINGS: J [I121 - (a) Refuse and Rubbish Abatement, Mayo'r Dunne opened the public hearing ,on the Abatement of Refuse and Rubbish, stating the City Council will consider protests from persons objecting to the pro- posed destruction or removal of such public nuisance. The City Clerk stated there were no written protests. The City Attorney presented a list of properties affected, ,and informed the Council some of the nuisances had been abated since the list had been prepared. As there were no persons present desiring to speak, the Mayor declared the public hearing closed. The Superintendent of Streets was instructed to abate Yotion the nuisances on all properties listed that had not AY es been prev-iously abated. e I *. B. CITY OF WLSWD 1 0 8 -2- J Commission in denying the application submitted by [lo81 - (b) Appeal of the decision of the Planning setback from 10' to 5' on property located at the Frank M. Alley, requesting a reduction in side yard Appellant: Frank M. Alley. northeasterly corner of Carlsbad Blvd, and Redwood Ave. J I/ 0 Mayor Dunne announced that Mr. Alley has requested that this hearing be continued until the meeting of June ;4, 1968. By a unanimous consent of the Council the matter was continued until the adjourned, meeting of June 5, 1968 at 7:30 P.M. .- 1 EN.GINEERING: [47] - (a).Bristol Cove Property Owners Associatidn - re: Storm Drainage System. The Clerk presented a letter from Bristol Cove Property Owners' Association dated April 17, 1968, requesting that the City accept and maintain that portion of the storm drainage system now owned by BCPOA, 'further that the City immediately provide a series of silting basins to intercept the foreign material and prevent its deposit in the boat channel and underground pipe system within the Bristol Cove development. A memorandum from the City Engineer, dated May 3, 1968 was considered by the Council, in which a brief his- tory of the storm drainage system constructed by the Janss Corp. was state.d, and pointing out the City has cooperated with the. Janss Corp. in. clearing the storm drain and has installed a temporary debris carrier at the upper end of the system. The Engineering Cepart- ment concurred that upstream silting basins would be of value to the Bristol Cove system, .however, such basins would be of a temporary.nature, require regula-r maintenance and could present serious problems The City Engineer suggested that the City attempt to continue construction of upstream debris barriers, but that no silting basins be c.onstructed.without careful analysis, and recommended that the City not accept the storm drain system with.out full easement rights being acquired in the boat channel lot. A discussion was had as 'to..the City's liability. Mr. Ron Harper, of Thousand.Oaks, .spoke on .behalf of the BCPOA. . The offer of acceptance of the storm drain system was denied at this time, and the matter referred to the staff for further study and report as to the feasi- bility of constructing debris and silt dams. [Sl] - (b) Richard W. Church - re: Request for convey- ance of 10' strip by City to property owners on Carlsbad Blvd. between Walnut and Svcamore Avenues. 1 Letter dated April 15, 1968 from Riihard W. Church was ~~ ~. ~ . ~ ~ ." ~ . considered, requesting that a 10' strip along Carlsbad Blvd. between Walnut and Sycamore Avenues be returned to the property owners, as this extra width is no longer needed since the construction of Interstate 5. 1 Motion Ayes I ~ I I I .. a. CITY of WLSMD 0 -3- i ~- I I A memorandum from the City Engineer was presented, :stating this widening was taken. by the State Division 'of Highways when Carlsbad Blvd. was a state highway, and reverted to the City when the freeway was con- structed. However, Carlsbad Blvd. is an arterial street in the select street system, and as such will have a street width that w.il1- require a l0'strip in question, therefore, the Engineering Department recommended that the request be denied. The request by Mr. Church for return of the 10' strip Ayes to the property owners was denied. Motion a' [1-031 - (c) Traffic Safety Committee Report. A report from the Traffic Safety Committee dated May 1, 1968, was presented, recommending that street lights be instal led near the Girl Scouts' Building on Eureka P1 ace, and at Solamar Drive and Palomar Airport Road. The recommendations of the Traffic Safety Committee Motion were accepted as presented. Ayes J property located. at 2055 Chestnut Ave. The City Clerk [99] - (d) P. d.. Folz - re: Request for lot split on split on property located at 2055 Chestnut Ave., presented a letter from P. J. Folz, requesting a lot stating that he would agree to enter into a bonded ments when development of the vacant parcel is contem- agreement to assure completion of the street improve- plated. A memorandum from the City Engineer was presented, stating the Engineering Department had-no objection to the lot split being granted as. proposed by Mr. Folz with street improvements being installed prior to development of the vacant parcel and guaranteed by bonded. agreement, and that all other city requirements be met by the applicant. The lot split was granted subject to street improve- ments being installed prior to development of the vacant parcel, to be guaranteed by a bonded agreement with the City. Further, that all other City. require- ments be met by the applicant prior to the lot split being granted, including payment of fee in lieu of park dedication. I PLANNING I Motion Ayes I .. Dunne, with the consent of the Council , appointed W. [76] - (a) Appointments to Planning Commission. Mayor Commission for. a four.year term, to expire April, 1972. Irwin Gullett, 3520 Ridgecrest Drive, to the Planning The Mayor announced the other appointment to the Plan- the Counci 1. ning Commission would be made at the next meeting of 0 -, .. CITY OF CARLSBAO 0 - 4- I E991 - (b) Tentative map of Carlsbad Industrial Park Subdivision. The tentative map of Carlsbad Industrial Park was presented .for discussion. The City Engineer informed the Council this was practically the same map presented to the Council in 1966 for this development. The time for filing the final map expired, but the matter has been reopened. In. 1966, sidewalks were waived for the interior streets. It was his under- standing the Planning Commission is recommending that sidewyal ks be required for El Camino Real. Mr. Ralph Palmer was resent, developer of the property, stating he had no o 1 jections to the conditions imposed by the Planning Commission with the exception of the side- wa.lks on El Camino Real , as sidewalks are not usually constructed in industrial areas. In 1966 the Council waived the requirement for sidewalks on El Camino Real however, he would. be wi 11 ing to construct sidewalks if this were going to be a. uniform pol icy of the City Council. The Planning Director informed the Council it was the Planning Commission's feeling there should be sidewal.ks along a.major thoroughfare. ~ Resolution No. 1517 was introduced, setting forth the recommendations of the Planning Commission. Resolution No. 1517, approving the tentative map of Carlsbad 1ndustrial.Park Subdivision, was adopted by *d. 0 [Sl] - (b) Memorandum.from Planning Commission - re: School site southerly of Clearview Drive. A memoran- dum from the Planning Commission dated April 24, 1968, was read, stating the Commission reviewed the combined city park and school development map prepared by the City Planning Department, and the Commission unani- mously approved the subject plan as presented. Mayor Dunne stated he felt thi's was out of the purview of the City Council to approve 0-r disapprove this matter. Dr. 'Harmon, Superintendent of. the Carlsbad Union School District, briefed the Council on how the dis- trict determined the need for a school in the Clear- view area. In closing Dr. Harmon pointed out no persons had shown up at the School Board meetings to voice their objections, and if they wished to state their objections they should appear before the school board next Monday evening. Mark Pape, 4225 Clearview, spoke from the audience, stating he was asked by the residents: in the Clearview area to speak on their be- half and voice their objection to the proposed school site. Don Johnson, 4065 Sunnyhill , Chairman of the Board for.the Betterment of Carlsbad, stated the Association will have a representative present at the school board meeting next Monday evening, and thanked Councilmen Jardine and Neiswender for opening up th.e communication lines between the residents and the School Board. Ll , Motion Roll Cal Ayes * . .. CITY OF CARLSBAD e -5- 9 ~ ~ ~~~ ~~~ L 0 / ~~ ~ The City Clerk read a petition containing 60 signa- tures, protesting the selection of the area at the end of Clearview Dr. as a school site-and park. The Council ordered the petition filed. NEW BUSINESS: [91] - (a) Carlsbad Union School District - re: Re- quest for policy OM parks adjacent to school sites, and policy for funding the development of all park sites. A letter from.the Carlsbad Union School District, dated Apri 1 23, 1968, was read, requesting a definite policy of the City on parks adjacent to school sites, and when such a policy is adopted the Council have before it recommendations of. the Parks and Recreation Commission and the Planning Commission, and that the School Board be notified of the final decision of the Council. Further, that the City adopt a policy for funding the development of all park sites. It was the decision of the Council that provisions had been made for park sites in accordance with Resolution No. 1401, and in accordance with Ordinance No. 9190, a policy had-been established for funding the development of park sites. Further, the Master Plan provides for park sites in connection with school sites, however, each site should be considered on its own merit. The Mayor requested that the School Board be notified of the Council's decision. 3) Carlsbad Juniol [34] - (t, .... - .... ___ . .r Chamber of-Commerce - re: Request fo'r permission to invite SJM Fiesta Shows June 13 thru June 17. 1968. A letter from the Carls' . - _. bad Junior Chamber of Commerce, dated April 19, 1968, requesting permission to invite the SJM Fiesta Shows .to Carlsbad June 13 thru June 17, 1968, for the annual carnival to be held at'Pine Avenue School, was presented. A further request was made that the Council again exercise its .right to waive the license fee normally charged, as the monies derived will go into their Community De-velopment Fund. Subject request was granted and the business license fee waived with the provision that proper insurance Motion coverage be supplied. Ayes [g] - (c) Fox's Snug Harbor - re: Request for per- mission to extend overnight privileges. Letter dated April 24, 1968, from Fox's Snug Harbor was presented, requesting permission to extend overnight privileges to boating guests, limited to 20, on behalf of the Valley Ski Club, for the weekend of Memorial Day. [g] - (d) Carlsbad Neighborhood.Gir1 Scouts -. re: Request for use of Holiday Park Saturday, June 1, 1968. Letter from Mrs. M. Hickethier on behalf of the Ca'rlsbad Neighborhood Girl Scouts was reads requesting use of Holiday Park on Saturday, June l., 1968, to hold their annual "Fun Doze" penny carnival. Said request was granted to the Carlsbad Neighborhood Motion Girl Scouts for use of Holiday Park on June 1, 1968. Ayes I \ .- CITY OF WLSBAQ 0 -6- EJ Y,' J ./ 0 7- [lo51 - (e) Resolution No. 1518, authorizing certain persons to execute applications and documents for !a1 Civil Defense Act of 1950. The City Clerk re- ported the Council previously adopted Resolution No.' 1513, authori.zing certain persons to sign for and accept surplus Federal Properties; however, the adop- tion of an additional resolution is necessary in order to accept hardware items. The following resolution was presented: urpose of obtaining financial assistance under Fede- Resolution No. 1518. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,--AUTHORIZING CERTAIN PERSONS TO EXECUTE FOR AND IN BEHALF OF THE CITY APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE ACT OF 1950, as amended, was adopted by title only, and further reading waived. [34] - (f) Resolution No..l519, commending Carlsbad Chamber of Commerce for Spring Holiday Parade. The following ,resolution was introduced and read in full: Resolution No. 1519. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, COMMENDING THE CHAMBER OF COMMERCE FOR THE SUCCESSFUL SPRING HOLIDAY.PARADE CONDUCTED BY THEM ON APRIL 27, 1968, was adopted. [-] - (g) Agua Hedionda Sailing Club - re:- Recom- mendations regarding use of Agua Hedionda Lagoon. A letter from James B. Maquire, Vice Commodore of the Agua Hedionda Sailing Club, dated April 12, 1968, was presented, recommending that certain areas of the Agua Hedionda Lagoon be.limited to a maximum speed of 5 mph. The Mayor referred the 1etter.to Cmn. Neiswender for a report back to the Council at their meeting on June 5, 1968. 70 OLD BUSINESS: 70 [W] - (a) Boys' Club of Carlsbad - re: Request for City participation in community swim program for Girls. This matter was referred to the staff for a further report by the City Council at their meeting held April 16, 1968. A memorandum from the Director of Finance was considered, stating the City partici- pated in -the amount of $306.00 in 1966, and $315.00 in 1967, further pointing out the request for $660.00 this year is more than double the expense for the preceding years, and since no provision has been made in this year's. budget the funds would have to come from Transient Taxes. A memorandum from the Parks and Recreation Commission was also.presented, stating the Commission is in favor of continued City support for this program, provided that finances are not taken from the Bed Tax or the Summer Recreation program. L Motion Roll Ca' Ayes Motion Roll Ca' Ayes e.. . - " C1"Y Of WLSMD e ". c e-9 -7- ~~~~~ ~ ~- ~ ~~ ~ In light of the City's budget it was agreed that the City participate to the extent of $315.00 as in the Ayes pa.s t. Motion I COMMITTEE REPORTS: I I/ Neiswender informed the Council bills had been re- [34] - (a) Chamber of Commerce Expenditures. Cmn. ceived from the Chamber of Commerce for expenditures : made by them as of April 29th and May 3rd, 1968. The first portion in the amount of $702.85 has been veri- fied, but the second portion in the amount of $764.90 has not been verified. Authorization was given for reimbursement of expendi- tures made by the Chamber of Commerce in the amount of $1,467.75, subject to the second portion in the amount Motion of $764.90 being verified by the Director of Finance. Ayes kl I [22] - (b) Request for comprehensive study of develop- ment of Palomar Airport. Cmn. Meiswender introduced I the following resolution for consideration: I Resolution No. 1520. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REQUESTING COMPREHENSIVE STUDY Motion OF DEYELOPMENT,OF PALOMAR AIRPORT, was adopted by tit1 Roll Ca only and further reading waived. i/llr [28] - (c) Downtown Business District Commission. Cmn. Jardine reported.he met with the Chairman of the Downtown Business District Commission and they are contacting the present members to.see if they are stil willing to serve in the Commission, and a report will be made back to the City Council. 1 Mayor Dunne requested that. the report be made to the Council at the adjourned meeting of May 7, 1968. J [28] - (d) City Beautiful Committee. Cmn. Castro reported .he met with the City Beautiful Committee, and nothing concrete was discus'sed at the meeting. "' I [E81 - (e) Mater Improvement committee, Cmn, McComas stated the Water Improvement Committee will meet I tomorrow. He had a very fruitful meeting with the 'City Manager. and the City Engineer concerning the water facilities. 2' Dunne requested the City Attorney and City Manager [&G] - (f) Proposed Traffic Safety Commission. Mayor prepare an ordinance establishing a Traffic Safety present members of the Traffic Safety Committee and four ci ti zens. . Commission. This Commission would include the three y Cmn. Neiswender inquired as to the possibility of [71] - (9) Parking of heavy vehicles on City Streets. adopting a resolution prohibiting heavy equipment Flores Dr., as they are definitely a traffic hazard. He would like to have this problem checked by the Traffic Safety Commi ttee. parking on City streets, i.e. Hemlock Ave. and Las I ,- CITY of WLSE3AD 0 -8- . -- -. ~ I - 0 / >' Cmn. Castro pointed out the traffic hazard of allowing commercial vehicles to park on State Street, The Clerk informed the .Council some years past there was a gentlemen's agreement between the merchants and the City that commercial vehicles were to load and un1oa.d in the alley ways. I CITY ATTORNEY'S REPORT: c [Sl] .- (a) Request for conveyance of property - Paul _c. Ecke. The City Attorney reported this matter was deferred at the last meeting for a further report from the staff. A plat of the area was presented. This property was given to the City by the State Division of Highways. M-r. Ecke is offering to purchase this property from the City for approximately the same price as he received from the State for the pro- perty, i.e. $.25 per sq. ft. The City Manager informed the Council the City ap- praised the land at approximately $1.00 per sq. ft. However, the property is only usable to the adjoining property owner. The Building Inspector stated this area was a slope and the property owner has spent almost $70,000.00 to have the property filled. The City Attorney was instructed to inform Mr. Ecke that it was the Council's feeling the fair market price of the property is $1.00 per sq. ft. [Sl] - (b) Acceptance of deeds - re: Jarvie Lot Split. Three deeds were presented by the City Attorney for acceptance in conjunction with the Jarvie Lot Split previously approved by the Cou.nci1. The three deeds were accepted by the Council and the City Clerk instructed to record the same. [63] - (c) Library Construction ,Audit proposal. The City Atto-rney reported he w.as only able to obtain one audit proposal for the Library Construction fund due to the fact that all auditors were busy with income tax returns at this time of the y'ear. I It was the Council's opinion the City should receive additional proposals prior to accepting a Proposal, and the City Attorney was instructed to obtain addi- ti onal proposals. E8T1 - (d) Acquisition of right of way for Elm Ave. Escrow Instructions for the purchase of right of way for the extension of Elm Ave. from Henry Mayers In- vestments, Inc..in the amount of $18,700.00, based on the City's appraisal, were presented. Also a resolu- tion was introduced, authorizing and directing City Manager to execute said Escrow Instructions. Resolution No. 1521. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING MANAGER TO EXECUTE ESCROW INSTRUCITONS, was adopted by title only and further reading waived. Motion Ayes Motion Ayes . Motion Ayes Roll Ca- g I ,> *, p, CITY of CARISE3AD 0 -9- 3 I [41] - (e) Claim for damages. The City Attorney informed the Council a suit has been filed bv Rachel I Lopez, a/k/a Abigail Lopez claiming d.amages jn the amount of $3,000. This claim was previously denied by the City, Council , and the City Attorney recommend- ed the matter be referred to the City's insurance carrier. 'Said matter was referred to 'the City's insurance Motion carrier, as recommended by the City Attorney. Ayes CITY MANAGER'S REPORT: I [5l] - (a) Drafting Services for Fire Department. The City Manager informed the Council a bill had been received for drafting services for the Fire Department in the amount of $1,890.00, from one of the City employees. In checking with the former City Manager and staff members, no one'seems to have any knowledge of authorizing this service. Mr. Bob Johnston, Assistant Planner, stated the former City Manager and the Fire Chief contacted him as to drafing plans for the Fire Department on his own time, however, he found he was unable to do the plans, and suggested to the former Manager that Mr. Scheunemann, an employee of, the City, be given the job and he said fine. ) The City Manager recommended that Mr. Scheunemann be paid on a straight time basis which would amount to $958.50. Authorization was given for the payment of architect's Motion fees for the Fire Station in the amount of $958.50. Ayes [30] - (c) Removal of radio antennas. It is contem- plated the radio antennas will be moved from the present City Hall to the Pistol Range. The Building Inspector...informed :the Council .it is estimated the cost will run around $2,000, as it wi'll necessitate the installation of six poles. Over a period of three years the City would be reimbursed this amount. A request was made to have the San Diego Gas & Electr Company submit plans for the project as well as a cost estimate. ic Authorization was given for the staff to negotiate with the San Diego Gas ti Electric Company as to plans Motion and cost estimate. Ayes [84] - (c) Report on purchasing of Computer. The City Manager requested an additional tow weeks to prepare his report concerning the purchase of a computer . [40] - (d) Plaque for new City Hall. Discussion was given as to the names that should be placed on the plaque for the new City Hall , and it was agreed that the names of the present City Council and Building Authority should appear on the Plaque. [76] - Mayor Dunne requested that a letter of appre- ciation be prepared to Mr. J. J. Sutherland for his services as a member of the Planning Commission. . L '.L, *. * CITY OF MLSEi4D 0 -1 0- ~~ ~~~~~~ 4 0 "p ~ . ~~- ~~ ~~ ~~ ~~ ~~~~ ~~ ~~ [b,g] The Mayor requested that the letter from Lieu- tenant Governor Robert H. Finch concerning all activi- ties planned by the City of Carlsbad in connection with the California Bicentennial Celebration be for- warded to the Chamber of Commerce, with the suggestion that it might be well to have some citizen appointed as liaison on this matter. 'AUTHORIZATION FOR PAYMENT OF- BILLS AND RATIFICATION. Authorization was given for the payment of bills for the general expenses of the City in the amount of $58,662.12 and for the Water Department in the amount of $3,347.47, for the period April 16, 1968 to May 7, 1968, as certified by the Director of Finance and approved by the Auditing Committee. Ratification of the payroll was given for the second hald of April, 1968, in the amount of $29,070.52, as certified by the Director of Finance and approved by the Auditing Committee. ADJOURNMENT: OF PAYROLL: The meeting was adjourned at 10:17 P.M. to 7:OO P.M. Friday, May 17, 1968. Respectfully submitted, - -" r SJ %.I Motion Ayes Motion Ayes