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HomeMy WebLinkAbout1968-08-20; City Council; MinutesI CITY @nc C4-D c -? _.-*c -.AW., .I : =*wi D 7 I I a Mi ntites of: CITY COUNCIL (Regular Neeting) Date of Meeting: August 20, 1968 i1mP of Meeting: 7:OO P. M. ?face of Meeting: Council ChamSers -. "P " R8LL CALL: - - - . ""_ INVOCATION was offered by Counci lman Neiswender. ALLE.GIANCE to the Flag was given. .. APPROVAL OF MINUTES: (.a) Minutes of the regular meeting held August 6, 1965, were approved as presented. CORRESPONDENCE: There .was no written correspondence presented. ORAL COMMUNICATIONS: Vista Lagoon Park Citizens Committee, addressed the [68] MRS. ELIZABETH WOLLRICH-, Chairman of the Buena Council stating she was speaking for the Buena Vista Lagoon Inter-City Committee and Nature Conservancy, requesting that an ordinance be drawn up and passed prohibiting boating, rafting, motorboating or-naviga- tion of any sort on the Buena Vista Lagoon. Due to increasing commerci a1 movement in the area , it was their feeling it would be wise to have such legisla- tion adopted to prevent any activity that would en- danger the natural ecology of this open space resourc that' lies within the City. The owner of over half th Lagoon, Nature C'onservancy, and most of the contiguou landowners are desirous of this ordinance. Similar action is being requested of the City of Oceanside. Mrs. Nollrich pointed out this area was rezoned R-A-10,000 for this purpose. Following discussion, by motion of the Council it was agreed that the Council go on record as approving suc legislation, subject to investigation by. the City Manager and City Attorney as to the legality of the City Council adopting such 1egislati.on due to the Lagoon being located on private property. PUBLIC HEARING: .. 7 15: e-.- Presetit Motion Ayes , [113-431 (a) (continued) Appeal of the decision of the Planning Commission in denying a request for a zone change from R-3 to R-P, and a Conditional Use Permit to allow the construction and us.e of. a U. S.'Post Office Building and parking facilities located on property kortherly of Chestnut Avenue , between Hardi ng Street and Interstate 5 Freek;ay. Appel1ants:Kenneth S. Baker, et al. The Mayor announced the hour of 7:30 P. M. having arrived, this was the time and place fixed by the Council for continuing the hearing on the above appea The City Clerk presented and read letters from the following persons, endorsing the .site at Harding and Chestnut Streets for the new Post Office: i I I I I 1. I 1 I I J "=-:.5 UiffWyT 8 a ! i i t' i 1 0 s4; tJ f 'f G;- (Jai(l "8 VtJU!iJ Page 2 *LKasw"- . ~~~~~.~~-*"~"-~~~~~~~-~~~.,~~~~=~*-~ . .. W. Allen Cullens 4240 Park Dr. Leonard and Zelma E, Krupznski 3136 tia.rdjng St. C. S. and Mary A. Shul er 3574 Harding St. Charles R. and Mary Noble 3593 Harding St. Shuler Rest Home, Three petitions were presented, containing a total of 130 signatures, stating the undersigned recognize the need for a larger Post Office facility that will pro- vide conve'nience for parking and customer service. \de favor the proposed location at Harding and Chestnut Streets. The Mayor' announced the Counc-il would hear from all persons desiring to speak in favor of the appeal. DON BRIGGS, JR., 4115 Sunnyhill Dr., stated he had followed this matter in the newspapers , and felt this site was a prime location for the Post Office due to' its nearness to the Freeway. The new building would also give this section of the City a new uplift. As the City grows and it becomes necessary For a Post Office along El Camino Real, this building could be used as a substation. ROBERT B. NELSON, Re.altor, stated he had talked to quite a. number of citizens, and they feel there is not adequate parking facilities where the 'Post Office is now located. Mr. King, Real Estate Officerfor the Post Office Department, and Mr. Saunders, Carlsbad Postmaster are present and they can point out to the Council .what their problems and needs are. GEORGE SAUNDERS, Postmaster, addressed the Council an requirements. At that time the survey indicated they ne'eded a building with 8,354 sq. ft. with-'a land area of 25,440 sq. ft. For a 10 year projection, being 1970, they would need a building having 10,474 sq. ft and land area of 35,572 sq. ft. The recommended location at that time was along Pi0 Pic0 Dr. between Laguna Dr. and Chestnut Ave. Subsequent to that time a recommendation was made that the facility be locate Nest of the Freeway. In 1963, since no land had been found, they leased some additional quarters. In 1966 another survey was made and it was determined they needed a building of 16,000 sq. ft. on a IO year pro- jection, or approximately 20,000 sq. ft. on a 20 year projection, with land area of 65,000 sq. ft. Late in 1966 the City Council pursued this matter and wrote to the Postal Department, requesting that some immedi ate action be taken towards furnishing the City of responded and Mr. King was assigned to this area. On one occasion a meeting was held with the previous Mayor, City Manager, the Planning Director, a member of the Chamber of Commerce, and Mayor Dunne, and we discussed our problems. stated in 1960 a survey was made as to their space Carlsbad with adequate facilities. The Department I d d - The site on Earding and Chestnut iS the Only site the ' Department has considered feasible for their needs. c \ 15 -" B 'I vm t.. > h ~. > 1 1 0 CITY ofr G4-D 0 1 Page 3 15: \ - Crnn. McComas asked if they felt this proposed site was the center of the business area. Mr. Saunders stated they had drawn a circle and this location takes Cmn. Jardine stated in addition to the May Co. complex there will no doubt be a number of mu1 tiple dwellings around that area, and inquired of Mr. Saunders as to what impact this might have as far as the center of the service area that has been projected for Harding and Chestnut streets. Plr. Saunders stated he felt' the site itself bei.ng . located at Harding and Chestnut streets or downtown would make little difference to the May Co. complex and other projects in that area. There is a possibil- ity that in the future it might be wise to go North rather than South, but on the other hand there is-the large industrial park in the Palomar Airport area, whi ch wi 11 create considerable activity. Therefore, by going a little South rather than North they feel they would be more in the .center of the community. Crnn. Neiswender stated the citizens keep speaking of only four parking spaces at the present location, and asked what the. pr.oposed parking area would be? Mr. Saunders stated their plans call for 16 off-street parking spaces, plus parking on the street. Cmn. Neiswender further pointed'out the parking and traffic will cause a problem at this location due to the school. traffic. Mr. Saunders stated wherever they are located they will generate traffic from 300 to 600 cars per day. Mr. King, Real Estate Officer of the Post Office. De- partment, was introduced and addressed the Council. He informed the Council he could not have had a better assistant for trying to find a location than Mr. Saunders. He has been working on this project for the past 1 1/2 years, and has enjoyed the contacts he has made through various citizens and committees. Surveys and cost estimates have been made for 12 sites in Carlsbad. Some of the land that appears to be businesb is not zoned for business. They want a site that will take care of their needs for 20 years. If they took !1/2 block in the downtown area it would not Be ade- 'quate. They are providing for only one post office- :in Carlsbad.' There are no plans for a sub-station. they decided to look West of the Freeway. lTherefore3 E i I .2 I 0 CITY OF- c24-D Page 4 - __ .- I - " - .. . I ~ Even though every Planning Director poifits out the best place for a post off-ice is in the Ci.vic Center complex, the old concept of a pist off'ce is out , and as far as the downtown area he had his doubts as to whether it adds to the business district. This same problems occurs in every area he goes into. Mr. King further stated they have to do something as they are near a mail breakdown. No site is perfect. This proposed site is a compromise. There appears to be businesses in this area, and it is next to the Freeway, with. access for pedestrians under the Freewa The parking will be arranged so that it will not interfere with the school. In his opinion this is a good site and will provide ample parking space. I* Mayor Dunne asked Mr. King in. his search for sites in other areas is it difficult to locate in the down- town area? Mr. King stated in some towns where they do not have delivery service, and everyone does their mail business at the Post O.ffice, the Post Office In this town he did not feel a post office does any ,of the businesses any good. In order to have suffi- cient space in the downtown a.rea in Carlsbad they would have to build a two or three story building. The space requirement needs are from 6'5,000 to 70,000 needs to be on the main street or around the coyner. sq. ft. Cmn. Neiswender asked Mr. King if they had considered property near the new Fire Station, and Mr. King stated they had; however, it was their feeling the City would be faced with many problems. i Cmn. Neiswender irquired as to the possibility of condemnation proceedings , and the City Attorney in- formed the Council the Post Office Department leases property that is privately owned. Mr.. King was asked if the Government owns any of the stated. they did not. land where postal facilities are located, and he ' In closing Mr. King asked that the Council approve this site, and if a site near the Civic Center becomes available prior to the closing of their negotiations, they would bring the matter before the Council. As there were no other persons desiring to speak, the Mayor declared the pub1 ic hearing closed. Considerable discussion ensued. Cmn. McComas pointed out the City has an opportunity of"having a new Post Office, and as no other favorable site has been presented in the past 2 1/2.mpnthsY he was inclined to agree that this matter be- given favorable consider- ation. Cmn. Jardine asked Mr. King how long it would,be be- fore the negotiations must be closed on the present site, and Mr. King stated they should have something within four weeks. c 1 15: E",, 3-i e* CITY OF CAPLFAD Pase 5 0 7 w -2" .r ."** Mayor Dunne pointed out if the Council approved the appeal it would have to be retzrned to the Planning Commission, which would mean it would be approximate1 four weeks before this matter would receive final approval. Further, this matter was continued for could be presented. Personally, he had mixed emotion as to this site, but if there is no other site avai 1- a'ble for their needs, he did'not think the Council had any other alternative. another month in order that perhaps another site A short recess was cafled at 8:55 P.M. The meeting reconv.ened at 9:03 P.M. The Mayor informed the members of .the Council he woul entertain a motion on the matter of the appeal by Kenneth S'. Baker, et al. By motion of the Council the appeal was approved, and the matter referred back to the Planning Commission for their review and report., for the following reason (a) That the Council has received additional information xhich the Planning Commission did not have at the time of their hearing; (b) There is a definite,need for a Post. Office: (c) A hardship does exist as far as the present (d) There is only one acceptable site that meet postal quarters; the Post Office Department!.s requi rements at this time; (e) In general, the proposed si'te is in the center of the population; and (f) Mr.. King, representing the Po5t Office De- partment, will have approximately four week to determine whether or not there is any other acceptable site. Cmn. Jardine stated .he voted. "No" on this matter as he was committed to the Central Business District Action Commission. ,.. L- .. 155 " Motion Ryes Noes I. j I , i, i . .-A .,.z;.z:: 8 =-Ya:.E : t s 9 0 ,"e I CJ j y (J (J2l\[4j-zpJD C i Page 6 \, .. 15% ~~.~~"-~~~~~.-=~=,-~~.~~,~~~'~~~~.~~.~.~-~-~~~.~~~:~,~~.-~~""*~.~-~~~:~~~=.~-~~~-~~,~~~~~-*.~~~~~~~~~-~~.~-.~-~..~~~:~~-~~~~~.~~~~ I 1293 FINANCE: (a) Approva 1968-69. Th and informed Council at t sented were 1 of the e Ci ty -Ma the Coun he t?me t ref 1 ected Final nager cil t he Pr in t Bud P re he c el irn he f get for sented t hanges r inary Bu inal bud f h e d 9 - i s'cal ye e final quested get was et. ar budge by th pre- i/. By motion of the Council approval was given the final Ayes . budget for the fiscal year 1968-69. Motion 129 ] (b) Resolution #1543, adopting the salary plan. Tile following resolution was presented for considera- tion: Resolution No. 1543. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING THE SALARY PLAN AND WORK CONDITIONS FOR THE CITY OF CARLSBAD FOR THE 1968-69 FISCAL YEAR, was adopted by title only and Motion further reading waived. Ayes [29 ] (c) Ordinance #1110, setting the tax rate for fiscal year 1968-69. The following ordinance.was the budget is based on the same tax rate as the pre- vious year, i.e. $1.66 per $100.00 of property valua- tion: Ordinance No. 1110. .AN QRDINANCE OF THE CITY OF CARLSBAD SETTING THE TAX RATE FOR THE CITY OF CARLSBAD, THE "CITY OF CARLSBAD 1962 SEWER BONDS, SERIES A, B AND Cy" AND THE "CITY OF CARLSBAD 1965 LIBRARY BONDS" FOR THE FISCAL YEAR 1968-69, was . adopted by title only and further reading waived. presented for consideration, and it vias pointed out - Motion Ayes E29 ] (d) Ordinance #llll, fixing the amount of revenue from property taxes necessary to support the departments, and to pay the bonded indebtedness of the City of Carlsbad. The following ordinance was introduced: Ordinance No. 1111 AN ORDINANCE OF THE CITY OF CARLSBAD FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY OF CARLSBAD AND FIXING THE A.MOUNT OF REVENUE FROM NESS OF THE "1962 SEFER 301\IDS, SERIES A, I3 AND C" AND was adopted by title only and further reading waived. PROPERTY TAXES NECESSARY TO PAY THE BONDED INDEBTED- THE "1966 LIBRARY BONDS' , FOR THE FISCAL YEAR 1968-69, WATER BOND ISSUE: I Motion Ayes I [110] (a) Employment of Rutan & Tucker, Attorneys at Law, for legal services in connection with water bond . issue. Letter dated August 12, 1968, from the firm of Rutan & Tucker., Attorneys at Law, was presented, set- ting forth their fee to render legal services in con- nection with the water bond issue. Following discussion, authorization was given for the employment of Rutan & Tucker, Attorneys at Law, for legal services in connection with the water bond issue, in accordance with the terms set forth in their letter Motion of August 12, 1968. Ayes t CI"l"Y cf- WR!-Sfy+D Page 7 c < \< 1. \ .. .,..,, &.. *.SX !f _-.... 0 a.- 7 Gr.e~-.c~'"<w ~~~~~~~~~~~~~u~~~,,~~~~,~~~~=~~~~~~~.~.~~~~~~-~~~-~,~,~~~,~~,.~~~~~,*"~,~~~~~~.~~~~:.,. J The following resolutions wer.e introduced in connec- tion with the special election on the water bond issui [48] (b) . Resolution #1544, requesting consolidation of revenue bond election and statewide general elec- ti on. " Resolution No. 1544. RESOLUTION 'OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE THE BOND ELECTION OF SAID CITY TO BE HELD NOVEMBER 5, 1968, WITH STATEWIDE GENERAL ELECTION TO BE HELD ON SAME DATE, was adopted by title only and further reading waived. [48] (c) Resolution #1545, providing and calling.for revenue bond election. Resolution No. 1545. A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 5, 1968, FOR THE PUR- POSE OF SUBMITTING TO THE QUALIFIED VOTERS 0F.SAID CITY A PROPOSITION OF ISSUANCE OF WATER REVENUE BONDS AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE, was adopted by title Only and further reading waived. [28) (d) Memorandum from Water Systems Improvement Committee - re: Sale of assets of old Carlsbad Mutual Water Company. General W. W. Rogers, Chairman of the idater Systems 1mprovem.ent Committee. presented a .nemorindum f?om the Committee recommending' that prior to making a decision as to the sale of the 2..75 acres on Mission Road in Oceanside, and other assets of the old Carlsbad Mutual Water Company, including the sale of the former Mutual Mater Office site, the North Carlsbad facilities, and any possible future disposition of Calavera Lake, a formal ruling be ob- tained from .O'Melveny & Myers, or other appropriate bond counsel. Reference was made to Covenant 5, Section 21 of the 1960 Water Revenue Bond Issue, as to what cohstitutes a "substan-tial part of the enter- pri se". Mayor Dunne .requested the matter referred to the City Attorney to obtain a formal ruling from O'Melveny ti Myers, or other appropriate bond Counsel. CARLSBAD PARKING AUTHORITY: I [94 ] (a) Memorandum from the Carlsbad Parking Authority - re: Construction of Parking Facility - Plaza Camino Real. A memorandum dated August 19, 1968, from the Carlsbad Parking Authority was present- ed by General. W. W. Rogers , Chairman of the Authority j [94 ] (a) Memorandum from the Carlsbad Parking Authority - re: Construction of Parking Facility - Plaza Camino Real. A memorandum dated August 19, 1968, from the Carlsbad Parking Authority was present- ed by General. W. W. Rogers , Chairman of the Authority j 1 P5l P";lrY.-xn=%s".e* u. * Motion Ayes Motion Ayes I CITY L- L44P-D sr P c Page 8 7 II <%P. JIB; .* I 151 "___av____"".-sQ==-7*, stating the Authority was rehuested by the City Council to make a recommendatjon as to propel* action on Substitute #7 and #Z as submitted by Sim J. Harris Company in its successful bid for the construction cont.ract. The suitability of alternate materials was referred to the project engineers for recommendation. After receiving the recommendation fron; the engineers, Substitute #1 with a savings of $12,000.00 in the Contract price. Substitution R2 is still under inves- tigation by the soil engineers, and it is recommended that the decision of the engineers be adopted when received. In connection with the landscaping', there will be no room for Plantings along the South side of Marron although consideration might we11 be given to equiva.- lent plantings in the t:vo gullies on the South side provided the sprinkler system can do the necessary watering. [45] OPERATION OF PARKIPiG FACILITY: General .Rogers pointed out the Sub-lease to the City of the parking facility contains a number of provisions as to the responsibility of the City for ope.u!ation and 'mainten- ance as a public parking facility. Section- 15 of the sub-lease, however, provides -that the City may dele- gate the management, maintenance, operation and any other of its duties to a corporation on a competitive basis. The Parking Authority can se2 no reason why the City should undertake the burden of operating, maintaining, and managing the parking,.facility, with the exception of the streets, which should become part of the City Street. System when they are connected Ijiti? the City System to the West. By motion of the Council the recommendations of the Parking Authority were accepted as set f.orth in the memorandum dated August 19, 1968, and it was agreed that the Council take positive action as to reques the Partnership (Plaza Camino Real) to submit a bi carry out on behalf of the City the management, opera- tion and maintenance of the parkincj facility in the manner required unde,r the sub-lease, as recommende the Parking Authority. NEW BUSINESS: [86] (a) Carlsbad Chamber of Commerce - re: Request for use of Holiday Park for annual picnic of the Mexican-American Association. Permission was granted to the Mexican-American Associ.ation 'for use of Moliday Park on Sunday, September 22, 1968, from the hours of 8:OO A.;i?. to 8:OO P.M. for the purpose of holding their annual community picnic, as. requested by the Carlsbad Chamber of Commerce in their letter dated August 8,. 1.968. the Parking Authority recommends the acceptance of I &".% &- .. * i i ! ! i i 1 e CITY CF cJ4-D ,c .. Page 9 1 15 f0.r use of mber 1, 1968, to August 14, 1968. OLD BUSINESS: Mr. Ruben Garcia addressed the Council and stated he is desirous of a special permit to operate an auto wrecking yard at 3327 Tyler Street in Carlsbad. The Council is aware of the City Manager's objections. In discussing this matter with the City Planager yesterday in his office, he mentioned such items as burning and the fact that it would be unsightly. In Los Angeles, where he has been operating this type of business; they are not allowed to burn. They have a procedure .when an automobile is brought in they remove all seats and gas tanks and any combustible material. As far as noise, their business is located next to the Kaiser Hospital, and they have neverreceived any complaints 00 their operation of the yard As to the business being unsightly; they are willing to enclose the yard by way of a blind fence. He has talked to people in the area and found there is sufficient need for anothe business of this type. Mr. Garcia presented a petition bearing 16 signatures of persons stating they had no objections to such a permit being issued for this .type of business. Mr. Garcia was asked what type of fence he proposed to construct around the premises, and he stated the front portion would be wood and the rest of the area would be fenced with metal. Discussion was given as to whether the property was in the proper zone for this type of business. The City Manager pointed out the ordinance provides that this Mayor Dunne asked Mr. Garcia if he were aware of this provision, and he stated the City Manager had informed him of this provision. Mr. Garcia further stated he had tried to contact his attorney this afternoon re- gar.ding this matter, however,. he was una.ble to do so. After further discussion Mayor Dunne requested the matter held over until the next meeting in order that Mr. Garcia could have his attorney present. .ZCJ L. 1 0. CITY a= "D Page 10 THE FOLI-Ol.JING OgDINANCES IJERE PRESENTED FOR A SECOND READING: [28] (b) Ordinance No. 1708. AN ORDINANCE OF THE CIT OF C,P,RLSBAD REPEALIIilGOiiDINAilCE NO. 1061, REGARDING PUBLIC WORKS COMMISSION, was- given a second reading by title only and adopted. . Y I .[74] (c) Grdinance No. 1109. AN ORDINAPiCE OF THE CITY OF CARLSBAD FIXING CCMPENSATION OF CITY CLERK I I AN.D CITY TREASURER, was given a second reading by title' only and adopted. [78] (d) Ordinance No. 3074. AN ORDINANCE OF THE CITY OF CARLSGAD REGARDING SALE OF UNCLAIMED PROPERTY was given a second reading by title only and adopted. [I061 (e) Ordinance No. 7037.. AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISHING REGULATIONS AND PROCE- DURES FOR THE REHOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS, was given a second rea.ding by title only and adopted. I Mayor Dunne requested that the public utility company be contacted as to the amotint of money available to- wards the installation of underground facilities. Further that a meeting be called as soon as possible by the Undergrounding Utilities Committee, as to this meeting. Cmn. Jardine requested that t.he City Attorney address a memorandum to the Mayor and himself-as to the funds available. the use of the money, and that Cmn,. Jardine sit in on I I COMMITTEE REPORTS: [86] Requirements to provide accommodations for over- night camper.s - re: Carlsbad Landing. Crnn. Neiswender presented a letter dated August 79, 1968, sent to Mr. Marc A. Josepho, owner of the Carlsbad Landing, set- ting forth certain requirements to be met prior to providing accommodations for overnight campers at the Carlsbad Landing. Crnn. Neiswender informed the Coun- cil the Committee met with Mr. Josepho and discussed these i tems. Mayor Dunne stated this was a comprehensive report, and he assumed these regulations would apply to the other landing if they desired to have overnight campers. Following discussion the recommendations and require- ments set forth in the letter were accepted, and the Police Department was inst.ructecl to enforce the regu- lations contained in the letter. [YO] - PolTcy concerning Parks. Crnn. Jardine reported the Parks and Recreation Commission is working on a policy concerning Parks. Playor Dunne asked that the latter of a "Toby Thornton Park" be referred to the Parks and Recreation Com- mission for study and a report to the City Council. c - 1 -t .P LO 7- Motion Ayes Moti on Ayes Motion Ayes Motion Ayes Motion Ayes I I ~ 1 I I 1- i I .: q " v 8 ..1) / CITY CF CANBD Page 71 " ""Y - [40] Dedication Committee. Cmn. Jardine reported the Dedication Committee has prepared a -program for the Dedication .Ceremony. The invitatfons have been printed and a list of officials and agencies has been prepared . .. and is available TcOr the Council menbers to note. [28]' Central Bu,sin&ss District Action Cornmission. A questionnai.re will be placed in the mail. tomorrow for the business people to complete. [ZS] Abpaintments to Central Business District Action Commission. Mayor Dunne appointed Mrs. Jean Mac Donald, ilr. Harry Truax and Mr. C. H.. Helton to fill .the vacancies on- the Central. Business District Action Ccmmission. [34] Carlsbad Chamber of Comnerce. Cmn. ,Castro re- ported he attended the Chamber of Commerce meeting on August 13, 1968, and there were 24 committees appointed. [28] ?.later Systens Improvement Committee. Cmn. McComas called upon the news media to educate the public as to the needs for the improvement of the water system. ~761 Liaison to Planning Commission. Mayor Dunne appointed Cnn. Neiswender as liaison of the Planning Commission. [68] Appointment to Buena Vista Lagoon Committee. Cmn. McComas was appointed to the Buena Vista Lagoon Committee to replace ;J{~YO~ Dunne- CITY ATTORNEY'S REPORT: I C11j.J (a) Ordinance No. 9220, regarding increase in filing fees For zone changes, variances and Condi- tiona? Use'Permits. The following ordinance was introduced by the City Attorney: Ordinance No. 9220. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 2003 OF ORDINANCE NO. 9060, REGARDING FILING FEES, was given a first reading by tit'le only and further reading waived. [113] (b) Ordinance No. 9219, establishing f.iling feel for Specific Plans, and increasing the filing fee for Tentative Maps. The following ordinance was presented for a first reading: Ordinance No. 9219. AN ORDINANCE OF THE CITY OF CARLSBAD A:LIENDING SECTION 304 OF ORDINP,NCE NO. 9050 REGRROIPIG FILING FEES AND ADDIIdG SECTION 550 TC) ORDINANCE NO. 9050 REGARDING FILING FEE FOR SPECIFIC further reading waived. -:-PLANS, was given a first reading by title only and I I 'C * s 1 161 " Motion Ayes Motion Ayes CITY CF CANSWD . . , 'cc e Page 1'2 7 I 0 162 " -y.om*".""- ." .. ";- x. . .r / t [41] (c) Felt Claim. The City Attorney reported Law- rence Felt has filed suit against the City alleging damages in the amount of $4,700.00 for removal of 'his sign advertising the Royal Palms Hotel, which was located o.n the Sewer Plant Pump Station site over- , looking the middle Buena Vista Lagoon. .Upon recommendation of the City Attorney, the City Manager and the City Attorney were authorized and directed to take all steps necessary to defend the action on behalf of the City of Carlsbad. ~071 (d) Anchorage Easement - re: San Diego Gas and Electric Company. A form of easzrr,ent of right .of way for anchorage purpose's, was presented to sup- port an overhead power line being installed to serve the City's police pistol range. The Engineering Department has recommended this easement for approval By motion of the Council authorization was given for ivlayor Dunne to execLtte the doci;ment on behalf of the City of Carlsbad. [81] (e) Purchase of old City Hall Building by State of California. An Agreement regarding the purchase of the old City Hal1 building was presented for consideration. The City Attorney informed the Coun- Agreement, he would recommend the City Manager be authorized to execute the Agreement on behalf of the City and that a check be issued in the amount of $735.00 in payment for the building. By motion of the Council the City Manager was autho- rized and directed to execute the Agreement and Pro- posal on be3al.f of the City of Carlsbad, and payment in the amount of $735.00 was also authorized. [78] (f) Ordinance No. 3075, regarding the occupancy, erection, and sleeping in tenporary structures in ?ubi ic p! aces. An emergency ordipance was introduced by the City Attorney, making it unlawful for any person to occupy, erect or sleep in a public place. cil -if they wished to proceed in accordance witil the Mayor Dunne stated he was hesitant to pass on arty Ratter such as this without studying it first. The City Attorney read the ordinance in full.. Mr. Harry Truax addressed the Council and stated as one drives South from Los Angeles, Carlsbad is the only City that does not have such an ordinance. Ordinance No. 3075. AN ORDINANCE OF TaE CITY OF CARLSBAD KAKING UNLAWFUL OCCUPYING, ERECTING, AND S'LEEPING IN TEMPORARY STRUCTURES AND PQBLIC PLACES, :.waseread in full and adopted. I i Yotion Ayes Motion . Ryes Motion Ayes Motion Ayes 1 8 -- " .. 0; CITY OF C24-D Page 13 ct f .. \ 16, into by the appl-icanf. [loo] (h) Resclution No. 154.6, opposing passage of Watson Tax Initiative. The City Attorney presented the following resolution for consideration: Resolution No. 1546. A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF CARLSBAD, OPPOSING THE PASSAGE OF THE WATSON TAX INITIATIVE, .was adopted by title only and further reading waived. CITY MANAGER'S REPORT: E551 The City Manager informed the Council on Thursday of this week there will be a general' clean- up of Carlsbad Blvd. and the..beach area. Cmn. McComas stated in connection with the clean-up, he felt the City should start with the bridge on Carlsbad Blvd. on into the entrance of the downtown area. He did not feel the City should wait until the [78] Narcotics Education. Mayor Gunne stated he felt there should be some narcotics education in this area and inqufred as to whether or not the schools had been contacted. He suggested that the P.T.A. should sponsor such a program. The City Manager informed the Council he had dis- cussed this matter with Mr. LaFluer, Superintendent like to wait untii after the opening of the schools. AUTHORIZATION ~" FOR PAYMENT OF BILLS AND RATIFICATION of the tiigh School District, and he stated he would as certified by the Acting Director of Finance and approved by the Auditing Commjttee. Li 1 'd 6*;" Ljqi"((~+gJ Page 14 k 7 @ t 16' , ~,IX. - -,lxX??m "," ~~P-~-~~.-~~~=~~~"~~~~~~-~~~~.-~-~~-=*~~~*~ "SxZv? ADJOURNMENT: ting was adjourned at , .. 0