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HomeMy WebLinkAbout1968-09-03; City Council; MinutesCITY OF CARL.$iBA&) c - 1: Minutes of: CITY COUNCIL (Regular Meeting) \ Date of Meeting: September 3, 1968 Place of Meeting: Council Chambers 16: a- Time of Meeting: . 7:OO P.M. ALLEGIANCE to the Flag was g.iven. *. .. I APPROVAL OF MINUTES: I ' 1968, and the special meeting held August 29, 1968, . The minutes of the regular meeting held August 20, CORRESPONDENCE: Ayes . were approved as submitted. Motion i .[42] The Mayor read a letter. from Mr. Gene Seltzer, a representative of the Auto Club of Southern Calif- ornia, congratulating the City for having earned a four-year achievement for no pedestrian deaths in the City. A "Pedestrian Safety Citation" award was also presented to the City from the Auto Club for this achievement. I ORAL COMMUNICATIONS: I 1 There were no oral communications. I- PUBLIC HEARING: I"" .. pl ssessment District No. 2-1966, Park Drive et al. The Mayor announced the hour of 7:30 P.M. having arrived, this was the time and place fixed by this City Council for hearing objections or protests on the proposed work, or the extent of the assessment district, or on the proposed grades under the Reso- lution of Intention, Resolution No. 1539, providing for the 'construction of a sanitary sewer system and ' appurtenances and appurtenant work in Park Drive, Locust Avenue, Harrison Street, Hillside Drive, Adams Street, Highland Drive, Hoover Street and Sewer Easements. The Clerk presented the affidavits of publication, mailing and posting for Council approval. By motion of the Council, the affidavits of publication, Ayes mailing and posting, were approved and ordered filed. Motion The Mayor requested the Clerk to read .all protests that had been filed. The Clerk stated up until $he time set for hearing, no written protests had been filed. The Mayor then announced the Council would hear any oral protests or objections concerning the work, extent of assessment district or grades. Mr. James Gaiser, a member of EPOH Investment Club, addressed the Council, asking that the project be .t ... explained. 1 0 0 C1TY E ca D -2- The City Engineer presented a 'map showing the district to be benefited by the project. Mr. Lill introduced Mr. Judson T. Naiman, rep.resenting the City as Assessment Engineer for th.e project, to the Council and asked that Mr. Naiman explain the project, Mr. Naiman explained that four separate districts are involved in the project, but to save expense, .they have been combined. He pointed out on the map the four separate districts and the connecting points. Each district connects separately to the Agua Hedionda Lagoon sewer ocean outfall. , Cmn. Jardine asked what the front foot costs would be Mr. Naiman stated the yellow area, District #4, would be less expensive than the other districts as it has more property fronting on the line and the cost would be $4.80 of benefited frontage; The. orange area, District #3, makes the connection on Park Drive to Adams Street to Highland Drive. The entire orange area is figured at $10.45 of benefited front- age. The green area, District #2, is estimated to cost $7.70 of benefited frontage. In this green area, there are two easements involved and the cost is estimated to be $2,000 for these easements. The blue area, District #1, including property on Harris- on Street, south of Adams Street, wil'l be approxi- mately $9.39 of benefited frontage. These costs do not include the line from the street to the property 1 ine. A1 1 corner properties are taken into consider- ation and are not assessed for their entire frontage. Althou.gh these are four separate districts, they will be let on one bid to save considerable cost. None of the districts are dependent on the other. Mr. Gaiser asked if his property located on Hillside Drive could be served, as it was his understanding only 870 feet northerly on Hillside Drive was included in'the project. It was explained to Mr. Ga.iser that the sewer would cover approximately half of his property, or 155 feet of benefited frontage, and that he would be assessed to pay only that portion. Mr. John Mamaux, 1393 Basswood Street, stated it would not be fair to those in the assessment district if a property outside the assessment district were to be served by this line. Mr. Floyd Robinson addressed the Council stating he owned property on Highland Drive with 86 feet of his property fronting on Hillside Drive. He asked if he was responsible for the cost of both frontages. Mr.. Naiman explained the property will benefit by the sewer and he would be assessed to pay for both street frontages. The property cannot be entirely served on Highland Drive but can be entirely served on Hillside. Drive. Mr. Robinson stated he felt it was unfair to him as ~ his property could not be served on both sides. ! I i I 0 1 16: -. 0 3LE- e CITY OF c2VLSRAD -3- ~~~ ~ ~ """"".."..." Mr, Gerald Alexander addressed the Council, stating he owned property at the south.east. 6:orner of Harrison Street and Locust Avenue. He asked h.ow much he would be assessed for his property. Mr. Naiman explained this property was given an allowance of 100 feet on the corner because the pro- perty cannot be served. As there were no other persons desiring to speak, the Mayor declared the public hearing closed. The Mayor then a.sked the City Engineer what per cent of the total area to be assessed is represented by written protests or objectio.ns filed with the City Clerk. The City Engineer reported that 0% of the total area to be assessed for the improvement had filed written protests or object.ions with the City Clerk, Cmn. Jardine offered the following -resolution for adoption: Resolution No. 1547. A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS. (Assessment District No. 2-1966, Park Drive, et al), was adopted by title only and further reading waived. Mr. Lill informed the Council of the City contribu- tion toward the project. A storm drain is required in Hoover Street and the cost is estimated at $9,500.00. There will be an oversized sewer required in Park Drive and the estimated cost is in the amount of $3,000.00. This will serve a drainage area of approximately 500 acres. Cmn. McComas offered the following resolution for adoption: Resolution No. 1548. A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF CARLSBAD-ORDERING THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS AND 0RDERING.POSTING AND PUBLICATION OF NOTICES INVITING SEALED PROPOSALS OR BIDS, was adopted by title only and further reading waived. Crnn. Neiswender offered the following resolution for adoption: Resolution No. 1549. A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF CARLSBAD, DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM-WAGES, was adopted by title only and further reading waived. Cmn. McComas offered the following resolution for adoption: Resolution No. 1550. A RESOLUTION OF THE CITY COUN- CONDEMNATION OF EASEMENTS FOR PUBLIC SEMER AND RIGHT OF WAY PURPOSES, was adopted by title only and fur- ther reading waived. CIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING c - 1 161 as" Motion Ayes Motion Ayes Motion Ayes Motion Ayes 1 0 II)' CITY a= c4 0 -4- Mr. John Mamaux asked the Council from what fund the money was coming to pay for this project. Mr. Lill stated it was coming from th.e General Bond Fund. Mr. Mamaux stated the City could... not us'e general bond money to build a sewer for a certain' area and that it should come from the Sewer Revolving Fun-d. He stated he felt the City should not proceed with this project .until this matter is checked. Mayor Dunne stated none of the resolutions passed tonight are pertinent to this matter. He asked the City Engineer to check into the use' of the proper funds. for this purpose and report at the next meeting. ENGINEERING: I [97] - (a) Petition - re: Opening and improvement of Cannon Road. The City Engineer submitted a petition to open and improve Cannon Rqad-Agua Hedio'nda Road from Carlsbad Boulevard to at least 600 feet easterly of, Interstate 5 and a report re: subject petition to the Counci 1, dated August 27, 1968. The petition has been signed by the owners of the unsubdivided property in the area. Mr. Lill pointed out on a map the area to be improved. He stated there would be no City participation and recommended the Council accept the petition and authorize t.he project. ' By motion of the Council, the petition was accepted and the staff auth.orrized to proceed with the project. C93-1 - (b) Request for sewer service via private easement - (Lockwood). A letter addressed to the Council, dated August 20, 1968, was received from Mrs. John Lockwood, requesting sewer service to her property at 4073 Skyline Road to the' Birch Avenue sewer by means of a private easement throught pro- perty owned by Mr. Gerald C. McClellan, who is agreeable to this easement. In a memorandum to the City Manager from the City Engineer, dated August 23, 1968, Mr. Lill stated he had no objection to the proposed private sewer ease- ment request. Mr. Lill clarified the fact that any necessary repairs would be the responsibility of the property owner. After discussion, by motion of the Council, the request of Mrs. John Lockwood to sewer her property at 4073 Skyline Road to the Birch Avenue sewer by means of a private easement, was approved, subject to the consent of Mr. Gerald C. .McCleilan. [93] - (c) Plans and specifications for Santa Fe Storm Drain. The City Engineer submitted plans and specifications for the construction of a portion of the Santa F.e Storm Drain. Mr. Lill explained this is a part of the City's overall plan and is currently budgeted in the amount of $20,000. The project will include 700 feet of the overall storm drain program and will extend from Tamarack to Oak Street. This :- I C J 1 .. 16 $ Motion Ayes Motion Ayes CITY OF c4-5 0 1 -5- 1 " . 0 " @ f p93 .. 165 Cmn. Jardine stated he was in favor of the project as it would benefit the downtown area. Cmn. McComas stated he 'felt the telephone company should participate in the cost of this project as it is to their benefit as well as the City's. Mr. L.ill stated the telephone company feels'it is the responsibility of the City. Mayor Dunne asked if the basic reason for this pro- ject was to protect the telephone cables. Mr. Lill explained this was the basic reason however it would benefit other parts of the City. By motion of the Council, the Enginee,ring Department was given permission to proceed with the project involving the construction of a storm drain from Tamarack Street to Oak Avenue. TRAFFIC SAFETY COMMISSION: [lo21 - (a) Memorandum - re: Recommendations on Traffic Safety Matters. A report of the Traffic Safety .Commission held August 14, 1968, was sub- reviewed the i tems in the memorandum to, the Counci 1. After discussion, by motion of the Council, the mi tted to the City Counci 1 for approval. Mr. lill Mayor Dunne asked if the area on Carlsbad Boulevard near the State Beach had been looked into as there is a real traffic problem. Crnn. Jardine stated a few years ago the Park Agency planned to improve the State beach .areas and had: a time table as to when the beaches would be im- proved. Mayor Dunne and Cmn. Jardine asked that the proper person be written a letter to find out the status of this improvement program. ~ cmn. Neiswender stated Harrison Street near Carlsbad ~ 8. Landing is a 40 foot right-of-way street and would like to see it widened to 40 'feet as there is a heavy generation of traffic on this street. Crnn. Neiswender moved that Harrison Street be widen- ed to its proper 40 foot width. Cmn. McComas second- ed the motion. .. CITY CF CA-D a 'C 7 -6- -. 1.7 0; i R 1 L The City Manager stated he would like to make a faced with, and as to the methods of how we can accomplish this. . .. ,, .. Mayor bunne felt we should have more information before making a decision and recommended the matter referred to the City Engineer and City Manager for recommendation. staff report as to the alternatives ... the City is Cmn. Neiswender withdrew his former motion and made a new motion directing the staff to look into the proper width of Harrison Street from Chinquapin Street to the Carlsbad Landing and determine a feasible way to widen the street as a true travel right of way. :.[96] - (b) Resolution #1551,. requiring stop signs at Harrison Street and Chinquapin Avenue. At.the recommendation of the Traffic Safety Commission, the following resolution was offered for adoption: Resolution No. 1551. A RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF CARLSBAD DESIGNATING INTERSECTION OF HARRISON STREET AND CHINQUAPIN AVENUE AS A STOP INTER SECTION, was adopted by title only and further reading waived. WATER BOND ISSUE: [48]'- (a) Resolution #1552, authorizing City Council to file Arguments for the measure. After due consi.der ation, the following resolution was offered for adop ti on : Resolution No. 9552. A RESOLUTION OF-THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZI'NG CERTAIN OF ITS MEMBERS TO FILE GJRITTEN ARGUMENTS,was adopted by title only and further reading waived. Cmn. Jardine explained to the audience that this is simply a resolution authorizing the City Clerk to prepare necessary documents in connection with the Water Bond Issue. NEW BUSINESS: [70] - (a) Petition - re: Construction and mainte- nance of new Baseball Fields and Recreational Facili- - ties. Richard G. Nieves, 1025 Laguna Drive, submitted to the Council, a petition containing 7,012 signa- tures for the construction and maintenance of new baseball fields with grandstands and other customary accomodations ,'wi th other new and additional recrea-. ti on faci 1 i ties. Mr. Nieves spoke in favor of the petition stating .-"there is a definite need for this type of faciliti'es ~ in the City. He asked that the petition be filed ' with the City Clerk and entered into the minutes. Mayor Dunne stated the matter of adequate park and recreation facilities has been under study for some I - - ~~~ ~. Motion Ayes Motion Ayes Motion Ayes e 5F 0 CITY OF cYVLS%D -7- ~ ~ ~ ".~- ""T time by the Park and Recreation Commission. He stated the City is aware there is a great need for these facilities. .With the cons'ent' of the Council, Mayor Dunne referred this matter to the Park and Recreation Commission for consideration.. Cmn. Jardine congratulated Mr. Nieves for bringing this matter to the attention of the citizens and having done a valuable service to the community. Mr. Gary Garrett, a member of the Park and Recrea- tion Commission, addressed the Council, stating at this time the Commission is making a comprehensive study on, this matter and a master plan is being developed. Mr. Garrett thanked Mr. Nieves for his time and interest in this matter. I 1 [86] - (b) Request for use of Holiday Park - re: Carlsbad High School Faculty Wives. A letter was received, dated August 29, 1968, from Mrs. John Zucca, Chairman of-the Faculty Wives of Carlsbad High School, requesting the use of Holiday Park . facilities for Wednesday, September 4, 1968, from 4:OO P.M. to 7:OO P.M. to hold a "get acquainted" reception for new faculty members and their families. By motion of the Council, the request of the Faculty Wives of Carlsbad High School, to use Holiday Park facilities on September 4, 1968, was approved. OLD BUSINESS: I [73] - (a) Application for Auto Wrecking Yard Special Permit - Mr. Ruben Garcia. Mr. Otto Bandemer, attorney representing Mr. Ruben Garcia, addressed the Council, stating he had reviewed the'business license ordinance. His client wishes to obtain a special I permit to operate an automotibe wrecking yard at 3327 Tyler Street. In reviewing the ordinances, Mr. Bandemer stated the property was in the proper zone for this type of business. All that is required is a special permit from the Council. Mr. Bandemer stated he felt this area would be suitable for this type of business as there was already an auto wreck- ing yard in the area. In the memorandum from the City Manager to the Council, dated August 1 , 1968, the objections listed were answered by Mr. Garcia at the last Council meeting. In th-e memorandum from the Planning Director to the City Manager, dated July 31, 1968, Mr. Bandemer objected to the business being noted as a "junk yard" instead of an auto wrecking yard. In reviewing the zoning ordinances and the business license ordinance, Mr. Bandemer stated. he felt the ordinances should be amended or in some parts, they contradict themselves. He asked that the Council approve this application. modified as they were not clear .in their wording and Cmn. McComas stated he was a little hesitant. It . was his feeling that an automobile wrecking yard would soon become a "junk yard". He stated the Council had tried to set up a zoning ordinance so that these types of businesses could be moved away. c 7 17' Motion Ayes CITY OF CAJ?LSEAD ( \ -8- 0 x- @ / - - .- We suggested this type of business require's Special Use Permit. Mr. Bandemer stated this property is. in a suitable location for this type of business. It is adjacent to: the -railroad tracks, it will be behind existing structures that would shield it from the street. Cmn. Jardine stated this type of business would not be a credit to the downtown area. The wrecking yard now in existence was established before any members of this Council were here. .. After further discussion, the Mayor suggested the Planning Commission review this matter and come up with / a recommendation. lip- Cmn. Neiswender felt the matter should be resolved 'on the Counci 1 level. I After further discussion, by motion. of the Council, the request by Ruben Garcia to obtain a Special Permit for an Auto Wrecking Yard at 3327 Tyler Street was denied for the reasons that although it is com- patible with the area, it is not compatible with the plan for increasing and up-grading the use of the land within the City, and. because of the pro- visions of the zoning ordinance. [I131 - (b) Second reading of the fol lowing ordi - nances: Cmn. Jardine offered the following ordinan- ces for second readings: Ordinance No. 9219. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 304 OF ORDINANCE NO. 9050 REGARDING FILING FEES AND ADDING SECTION 550 TO ORDINANCE NO. 9050 REGARDING FILING FEE FOR SPECIFIC PLANS, ,was given a second reading by title only and further reading waived. [113] - Ordinance No. 9220. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 2003 OF ORDINANCE NO. 9060 REGARDING FILING FEES, was given a second reading by title only and adopted. COMMITTEE REPORTS: [861 - (a) Carlsbad Landing. Cmn. Neiswender : asked the staff to direct the Police DeDartment to make a re-evaluation of the request to have over- night camping at the Carlsbad Landing made by'Marc Josepho, in compliance with the.policy set forth at the previous Counci 1 meeting. He would like a report on all the policies outlined at that meeting as to their current condition. 4 [lo61 (b) Cmn. Neiswender asked why the power poles hav,e not been removed on Palomar Airport Road adja- cent to Denny's Restaurant. It was his understanding that these poles were to be removed and utilities placed underground when an industrial complex'was established. " 17 - rL Motion Ayes Noes Motion Ayes Motion Ayes 1 0 k 0 CITY o& CAmD -9- L The City Manager stated he had received assura from the State Division of Highways that they would make this change at their expense.. He stated he would check into the matter again. ': Central Business District Action Commission: T28j Cmn. Jardine reported the first of two question- " naires have been mailed to the downtown business district property and business owners. The Ci ty Planner reported 73 out of 300+ have been returned to date. A follow-up postcard will be mailed to remaining participants asking that questionnaires be returned. After the first questionnaire has been tabulated and analyzed, a second questionnaire will be mailed, based on the find.ings of the first ques ti onnai re. [lo51 Post Office Site Selection. Committee: Cmn. Jardine reported Mr. Kirk, Chairman o.f the 1 Committee, has reported two proposals are being considered but no information is available at this time. [40] Dedication Committee. Crnn. Jardine reported final arrangements have been I made for the dedication ceremony.- The invitations have been mailed and the program has been printed. Mayor Dunne commended Crnn. Jardine for having done a terrific job in setting up the dedication ceremony. C94.J Park and Recreation Commission: Cmn. Jardine reported the Park and Recreation Commission has +or a number of months raised con- tinuing questions about the status of the municipal parking lot which surrounds the May Company complex. He stated he would like the Council to authorize a meeting to reopen the question as to the landscape plans for the parking facilities that surround the May Company. He stated landscaping is minimurn, to that of other major shopping centers. Also, tnere is no containment of traffic within the parking lot. Traffic is directed in one parking lane and out another parking lane. He stated the citizens, as owners of this parking facility, are asking for maximum landscaping. He felt the City is setting a poor example if we settle for the minimum standards. The Building Inspector stated contracts have been let for this parking lot and there is a strict schedule. If the landscaping plans were changed now, they would have to rebid the contract and this would slow them down considerably. Cmn. Jardine stated it was not the intention of the Park and Recreation Commission to interfere with existing contracts, but to recognize the problems involved in the May Company parking facility. I I C c 1 .. 17 CiTY OF CA,WD - 'C c 1 -10- * . _. f \ ,t' r " After considerable discussion, by motion of the Council; a meeting consisting of two members of the Park and Recreation- Commission, two members of the Parking Authority,-a councilman, members of the City staff and members of the May Company was authorized to reopen and re-evaluate the matter of landscaping. for the public parking faci 1 i ty surrounding the May Company. Mayor Dunne appointed Cmn. Jardine as member of the Council to serve on this committee. [34] Authorization o.f payment of Chamber of Commerce Bills. Authorization was given for the payment of bills submitted by the Carlsbad Chamber of Commerce in the amount of 82,588.87 for the first quarter of 1968-69, 'upon the recommendation of Cmn. Castro. (281 Undergroundi ng Uti 1 i ti es Commi ttee: . Mayor Dunne reported there would be a meeting of the Undergrounding Utilities Committee -in the City Manager's Office on Friday, September 6, 1968, at 9:30 A.M. [54] State Highway Department: Mayor Dunne stated there would be a meeting .with the State Highway Department on September.18, 1968, at their office in San Diego, to discuss' the Chestnut Avenue overpass, as there is a great need for it, especially to the downtown area. Mayor Dunne asked that Cmn. McComas represent him at . this meeting. CITY ATTORNEY'S REPORT: .. [45] - (a) Contract - re: NCR Lease-purchase. The City Attorney presented a resolution to authorize the purchase of the NCR computer equipment, as approved by the Council at the last meeting. Cmn. Neiswender offered the following resolution for adoption: Resolution No. 1553. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING CREDIT PURCHASE OF NCR EQUIPMENT, was adopted by title only and further reading waived. CITY MANAGER'S REPORT: [51] Richardson Bros. - Progress Payment. The City Manager submitted to the Council for. approva a progress payment from Richardson Bros. In the amoun.: of $15,472.98 for construction of the fire station. The progress payment has been approved by the Building Inspector. By motion of the Counci 1, the progress payment to Richardson Bros. in the amount of $15,472.98 was . approved. ,. 17 F Motion Ayes Motion Ayes Motion Ayes 0 !wmwamww- : 0 CITY OF CARLS&Q\D -1 1- ~"~ ".""" [40] Ai r-condi ti oni ng for Counci 1 Chambers. The City Manager stated preliminary'.estimates of the cost of having air-conditioning installed in the Council Chambers and the adjoining,,offices had been received from the contractor who bui1.t the Civic Center;. The estimated cost for air conditioning in the Council Chambers is $2,700.00 and $500.00 for the adjoining offices. These costs do not include the installation. The Building Inspector and the Architect feel the City can get a better deal by buying a packaged unit which will include installation. Cmn. Jardine asked that the .staff report at th'e next meeting, firm bids for the installation and as to the availability of funds. [30] Freeway Billboards. Cmn. McComas asked that a report on the status of the freeway billboards appear on the Agenda for the next meeting. The Building Inspector stated this report has'been delayed and would not be available until January, 1969. 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 $29,476.00, and for the Water Department in the amoun of $25,561.78, for the geriod ending August 31, 1968, as certified by the Acting Director of Finance and approved, by the Auditing Committee. Ratification of the payroll was given for the second half of August, 1968, in the amount of $32,601.80, as certified by the Acting Director of Finance and approved by the Auditing Committee. ADJOURNMENT: By proper motion, the meeting was adjourned at 10:19 P.M. Respectfully submitted, MARGARET E. ADAMS City Clerk BY G 7 17 Motion Ayes Motion Ayes , ~ I i ~ I I