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HomeMy WebLinkAbout1968-06-05; City Council; Minutese CITY OF a B c \i Minutes of: CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting: June 5, 1968 Time of Meeting: 7:OO P.M. Place of Meetin : Council Chambers 10 INVOCATION was offered by Vice Mayor McComas. IALLEGIANCE was given to the Flag. APPROVAL OF MINUTES: (a) Minutes of the adjourned regular meeting held on May 17, 1968, were approved as presented. I CORRESPONDENCE: There was no written correspomdence presented. ORAL COMMUNICATIONS: There were no oral communications. PUBLIC HEARING: [lo81 - (a) Appeal of the decision of the Planning Commission in denying the application submitted by *setback from 10' to 5' on property located at the Northeasterly corner of Carlsbad Blvd. and Redwood t Ave. . Appellant: Frank M. Alley. Frank Me Alley, requesting a reduction in side yard 0 1 Vice Mayor McComas announced this hearing had been continued from May 7, 1968, until this date. The Clerk presented a letter dated June 3, 1968, from Frank M. Alley, Appellant, requesting postponement of the hearing until Ju1.y 2, 1968. The City Manager informed the Council Mr. Alley was in to see him on Monday and stated he needed additional time before appearing before the Council on this matter. Mrs. Edith Minarik, 3824 Carlsbad Blvd., addressed the Council and stated this was the second time the pro- her feeling the preference should be shown to the many and not to a few. Following discussion by the Council it was the consen- sus of the Council the matter should be heard at this time and not continued. Vice Mayor McComas stated the Council would now hear all persons desiring to speak in favor of the appeal. As there were no persons desiring to speak in favor of the appeal, the Vice Mayor announced the Council would hear from all persons desiring to speak in opposition to the granting of the appeal. The Clerk presented letters from the following persons on the grounds that it would obstruct their view and would be setting a precedent for other lots in this perty owners had shown up at the meeting, and it was stating their opposition to the granting of the appeal I area: I 0 0 CITY OF C/4 Q -2- Mrs. M. R. Rix, 151 Hemlock Ave. Mr. and Mrs. Victor F. Parks 9 131 Hemlock Ave Mr. Walter E. Richards, 3839 Garfield St. Mrs. Dorothy V. Read, 146 Redwood St. As there were no persons present desiring to speak in opposition, the hearing was declared closed. A report from the Planning Department was presented, stating the application submitted by Frank M. Alley was considered by the Planning Commission on May 6, 1968, and by Resolution #549 the application was denied for the following reasons: (1) There were no exceptional or extraordi nary circumstances appl i cab1 e to this particular property; '(2) the granting of sub- ject variance would be materially detrimental to the public welfare; and (3) such a variance is not neces- sary for the preservation and enjoyment of the same substantial property rights enjoyed by others in the vicinity. After due consideration by the Council it was the feeling of the Council that the findings of the Plan- ning Commission were conclusive, and that the Planning Commission's decision for denial be sustained. The following resolution was presented: Resolution No. 1522. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD MAKING FINDINGS AND DECISION AND DENYING THE APPEAL FOR A VARIANCE SUBMITTED BY FRANK M. ALLEY was adopted by tftle only and further reading waived. Vice Mayor McComas stated he abstained from voting as he had previ.ously sat in judgment on this matter when he was a member of the Planning Commission. BUILDING DEPARTMENT: i [Sl] - (a) Memorandum - re: Carpeting for new Fire Station. The Building Inspector informed the Council it was h'?-s".d'pi'<ion the carpeti nq specified in the Fire Station was inferior and recommended that a higher quality be installed. Samples of the carpeting were presented and the Building Inspector pointed outthe recommended quality would cost-an additional $567.00. Further, it is recommended that a change be made in the lighting system, which will cost an additional -. $120.00. Cmn. Jardine inquired as to the abi 1 i ty of the City to allocate sufficient funds for this change, and the City Manager reported the contract was under the amoun-; set aside for the construction of the Fire Department and felt there would be no problems. By motion of the Council authorizatisn was given for.. the change in the cost of the carpeting in the amount of $567.00 and an additional $120.00 for the lighting system, with the total additional funds not to exceed $700.00 c \ 10 Motion Ayes Abstain Msti on Ayes CITY OF WLC5AD 0 0 -3- ~~ ~ -~~ ~ ~~~~~ ~~ ~~ ~ NEW BUISNESS: [93] - (a) Acceptance of easement for sewer purposes from Kirkland Ha71 Trust, et al. A right-of-way ease- ment for sewer purposes from Klrkland Hall Trust, et al, dated May 2, 1968, was accepted as requested by the State Divisi0.n of Highways in letter dated May 27, 196E in connection with the widening of Interstate 5, OLD BUSINESS: [80] - (a) Clean-up Week. The week, of June 16th through June 22nd was proclaimed as "Clean-up Week" in the City of Carlsbad by Mayor Dunne, and Vice Mayor Mc'Comas announced that a meeting would be held tomorroh at 9:00 A.M. to discuss plans. [72] - (b) Parking of Commercial Vehicles in Residen- tial Zones. The City Attorney presented a resolution prohibiting the parking of commercial vehicles on a public street in zones R-A, R-1, R-2, R-3L, R-3, R-P, R-T or R-W for a period of more than five consecutive hours, except when such vehicle is parked in connectior with and in aid of the performance of a service to or on a property in the block in which such vehicle is parked. Discussion ensued regarding the problem of defining commercial vehicles, and the City Attorney stated there is a chance there will be a difficulty in determining these vehicles, however, this resolutior is primarily for large commercial vehicles. The City Manager questioned this being done by way of a resolu- tion rather than by ordinance, and the City Attorney stated the.re would be no problem enfo.rcing the resolu- tion. The.. following resolution was presented: I Resolution #1524. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REGARDING PARKING OF COMMER- I CIAL V'EHICLES IN RESIDENTIAL ZONES, was adopted by title only and further reading waived. [ ] - (a') Use of Agua Hed-ionda Lagoon. Cmn. Neis- wender reported a copy of. the minutes of the pub1 ic meeting had been sent t.0 each Councilman, and the meeting was continued to June 21, 1968, at 7:30 P.M. [28] - (b) Central Business District Action Commission. Cmn. Jardine. reported he had been working with the Citg Manager to set up a meeting of the Commission within the next two weeks. [28] - (c) Appointments to.Centra1 Business District Action Commission. Vice Mayor McComas announced that Mr. Lawrence Black and Mrs. Harvey Law had been ap- pointed to the. Central Business Djstrict Action Com- mission. ' . [69] - (d) Parks and Recreation Commission. Cmn. Jardine stated there will be some tentative problems concerning recreation facilities and the Parks and Recreation Commission would like to be made aware of these problems. 10 ~~ Motion Ayes Motion Ayes 1 a 0 I CITY OF CA B c - 1 -4- 10 [SI] - (e) Landscaping for new Fire Station. Cmn. Jardine further reported the Parks and Recreation Com- mission have requested that they be allowed to contri- bute. towards the landscaping of the new Fire Station. The Council agreed to accept the Commission's offer. CITY ATTORNEY'S REPORT: [28] - (a> Proposed 0rdinance.No. 1106 - re: Trafffc Safety Commission. The City Attorney presented an ordinance for consideration, creating a Traffic Safety Commission, as requested by Mayor Dunne. Following discussion the or-dinance was introduced for a first readi ng . Ordinance No. 1106. AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISHING THE TRAFFIC SAFETY COMMISSION, was given a first reading by title only and further Motion, reading wai ved. Ayes 1271 - (b) Library Audit. The City Attorney reported letters had been sent to 25 Certified Public Account- ants and six bids had been received in connection with the audit of the Library Construction Fund. The City Manager is anxious to have someone perform this ser- vice, subject to the legal ity of having M.Y. Wayne Carroll, City Auditor, perform this service;' It was suggested that a committee consisting of members of the staff and one Councilman be authorized to select a qualified person in accordance with the bids re- cei ved. By motion of the Council it-was agreed. that a commit- tee consisting of one Councilman and members of the staff be authorized to select a qualified person to audit the Library Construction Fund. Cmn. Jardine was a.ppointed to represent the Council. [54] - (c) Resolution No. 1523 - re: Freeway Widening Agreement in connection with water facilities. An agreement was presented from the State Division of I Highways governing the rearrangements of the City's water facilities. The City Attorney recommended that it be approved, and the following resolution was presented: Motion Ayes Resolution No. 1523. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION OF UTILITIES AGREEMENT NO. 18616, was adopt- Ayes ed by title only and further reading waived. Motion [41] - (d) L. W. Felt - re: Claim for Damages. A claim in the amount of $4,700.00 submitted by Lawrence Felt was presented, .claiming damages as a result of the removal of a sign from City property. By motion of the Council the claim in the amount of $4,700.0O.:submitted by Lawrence Felt was de-nied, .as recommended by the City Attorney. E811 - (e> Paul Ecke - re: Offer for purchase of City property. The City Attorney reported Mr. Ecke's offer to purchase 2,912.20 sq. ft. of City property along Avenida Encinas near the corner of Palomar Airport Rd. and Interstate 5 was rejected at the last meeting. Mr. .Motion Ayes 0 - 0 CITY OF w D - 5- Ecke has now offered $1.00 per sq. ft. for this pro- pe rty . By motion of the Council authorization was given for the Vice Mayor to execute the deed, and the City Manager instructed to deliver the deed to Mr. Ecke upon receipt of $2,912.20. C451 betw Carl - (f) Agreement - re: Pi.stol Range. An Agreement een the State of California and the City of sb.ad for use of the Pistol .Firing Range by the Highway Patrol personnel was presented. The term of the lease was for one year at the rate not to exceed $420.80 per year. The City Attorney stated he had checked the agreement and found it to be satisfactory. The following resolution was presented: Resolution No.1525. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION OF AGREEMENT REGARDING USE OF POLICE PISTOL RANGE, was adopted by title only and further reading waived. [Sl] - (9) Acceptance of Deed.- re: Sale of North Carlsbad Water facil i ties. A Grant Deed and Bi 17 of Sale for the sale of the North Carlsbad.W.ater facili- ties was presented from the City of Oceanside in the amount of $24,159.00, together with a check for the agreed amount. Following discussion, by motion of the Council the Vice Mayor was authorized to execute the Grant Deed on behalf of the City of Carlsbad for the sale of the North, Carl sbad Water faci 1 ities. /I32 [l,Jfj - (h) Folz Lot Split - re: Bond. .Previously a lot split was granted Mr. Folz, subject to Mr. Folz furnishing the-City with a bond to guarantee street improvements at such time as any. new improvement was placed upon the property. Mr. Folz has asked for waiver of the bond, due to the fact he is unable to obtain a bond as he is leaving the area. The City Attorney stated there are some instances where bonds have not been required. An agreement has been execut- ed by Mr. Folz and will be recorded. This will leave a cloud on the title of the property until such time as Mr. Folz complies with the agreement. By motion of the Council it was agreed that the bond be waived in connection with the Fol z Lot Split. 1971 - (j) Acceptance of Deed from Mr. and Mrs. Folz. A deed executed by Mr. and Mrs. Folz as well as an Agreement in connection with the Lot Split. By motion of the Council the deed was accepted and the Vice Mayor authorized to execute the agreement on behalf of the City of Carlsbad, as amended -in accord- ance with the recommendation of the City Attorney. I CITY MANAGER'S REPORT: I e861 - (a) Chamber of Commerce - re; Request for use of Holiday Park. A request has been received tram the President of the Chamber of Commerce for use of ( \ 18 Motion Ayes Motion Ayes Motion Ayes Motion Ayes 0 a CITY W CA D c \i - 6- 1 0 " "_ -. """ ~ ~~~ ~ ~~~~ ~ ~~._ .. Holiday Park on July 4th for the annual picnic. . By a unanimous vote of the Council .permission was granted to the Chamber of Commerce for use. of Holiday Park on July 4, 1968. [20] - (b) Demolition of old buildings.. The City Manager reported the City is proceeding with the demo1 i tion of the old buildings in the city, and the next step will be to present a list of. property owners that have old cars parked on the property. [4Q] - (c) Move to new City Hal 1. The Council was in- formed it is contemplated the move to the new City Hall will take place the weekend of June 22nd and I23rd. I [84] - (d) Report on purchase of Computer. The City Manager stated he was still obtaining information on the purchase of the computer and a report would be forth comi ng . [Sl] - (e) Qffer to purchase City property. The City owns approximately 2 1/2 acres of land in the San Luis Rey Valley in connection with its water facilities. It is felt that 1/2 acre would be suffici-ent. for the facilities. The staff has contacted the financial consultant as to whether the City would be able to use the monies derived from a sale of the property. An offer has been made for the purchase of the two acres. The City Manager recommended that if it is found the City can use the monies to improve the water facili- ties, that the property go out to bid. If the two acres were sold it would necessitate relocating the present facilities, however, this cost would have to be borne by the purchaser of the property. Vice Mayor McComas stated he recalled that in one of the reports submitted by the lrlat.er Improvement Corn- mittee they recommended that the City retain all City owned properties. Following discussion it was agreed that a legal opin- ion be obtained as to the legality of using the monies derived from a sale for .improvement of the water system, and that a report and ,recommendation be submitted by the Water Improvement Committee as to the feasibility of sel ling the property. [Sl] - Girls' Club Lease of City owned property. The City Manager informed the Council the Girls' Club have requested consideration by the City Council to enlarge their facilities and the matter was referred to the Parks and Recreation Commission. They are also requesting a long term lease. The Vice Mayor stated he felt the Planning Commission should consider some areas of this request. The City Attorney stated originally when this matter was presented they were asking for a 20 year lease; however, he felt the City should know their plans and intentions for expansion. Notion Ayes 0 - 0 CITY OF ec%\ D c 'i - 7- ~ ~- ~ ~~~~..~ ""_ It was agreed that the matter be referred to the Planning Commission and Planning Director, and that the City Attorney report on the feasibility of a Jong term lease. 1681 - (9) San Diego County Planning Congress. Vice Mayor McComas announced the San Diego County Planning Congress meeting will be held on. June 28, 1968, at the Quails Inn. The subject to be discussed will be underground utilities. AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given for the payment of bills for the general expenses of the City in the amount of $135,645.30, and for the Water Department in the amoun of $4,430.84 for the period of May 17, 1968 to June 5, 1968, as certified by the Acting Director of Finance and approved by the Auditing Committee. Ratification of the payroll was given for the last half of May, 1968, in the amount of $30,271.07, as certified by the Acting Director of Finance and ap- proved by the Auditing Committee. ADJOURNMENT: By proper motion the meeting was adjourned at 8:23 P,M. Respectfully submitted, fl /F/ //# i Yf6 4& . ' b (2 G /&5<C& / MAW& E. ADAMS City glerk r 1: ne: P Motion Ayes Motion Ayes