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HomeMy WebLinkAbout1968-11-06; City Council; Minutes8 -CITY CF- CARLSSAD - ,c .. 1 Minutes of: CITY COUNCIL '(Adjourned Regular) '0 Date of Meeting: November 6, ,1968 * Time of Meeting: 7:OO P.M. 23G 3-3 __Placeting: Council Chambers - .1 ROLL CALL: .. INVOCATION was offered by Mayor Dunne. ALLEGIANCE to the Flag was given. I' "~~~ I APPROVAL OF MINUTES: -" 'I '(a) Minutes 0-f the regular .meeting held October 16, Motion 1968, were approved as corrected. Ayes CORRESPONDENCE: E221 (a) Letter dated October 29, 1968, from H,Demler, resarding expansion of "Palomar Airport" and air pol- lution was referred to Cmn, Neiswender, , t f79] (b) Letter dated October 21, 1968, from A. 0. . Innis, requestjng that the Buena Vista Lagoon remain as a refuge and retreat for wild life, was ordered filed. [llG] (c) Letter dated October 22, 1368, addressed to General W. W. Rogers from Bartle Wells Associates, in answer to specific questions asked by General Rogers concerning the Carlsbad water project financing, was acknowledged. Mayor Dunne pointed out Bartle Wells Associates have recomnended that the bond reserve be reduced and the monies used to improve the system, and that some of the water properties be sold and used for this purpose. [78] (d) Letter from !dorman Migley concerning the growing narcotic problem in this city was referred to Cmn. Neiswender. . I PUBLIC HEARINGS: ,_ I 11121 .- (a) Abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles or parts. Mayor Dunne opened the public hearing in accordance with Resolution No. 1562, regarding the abatement and removal of abandoned, wrecked, dismantled or inopera- tive vehicles or parts in the City of Carlsbad. i The City Attorney informed the Council notices had. been mailed to all property owners where such nuisance ' .existed. The City Clerk stated there were no written protests received. As there were no persons present desiring to speak, . the -'Mayor decl ared the pub1 i c hearing closed. .. .. . .. . @ .valved tliat would be removed at this time. The. . The Councjl. wa's informed there were six vehicles in- ' 0' . Council may 'charge administrative costs, however, a plan has been worked out whereby there would be no cost to the city to have the vehicles removed. - '7 ".E- a I LI I f uti- Lks,uw\u -2- ":- F."" " W"trjijfCI2a.2"% Resolution No. 1567. A RESOLUTIOR OF THE CITY COUNCIL OF THE CITY OF CARLSBAD MAKING FINDINGS AND ORDERING REMOVAL OF VEHICLES AND PARTS THEREOF AS PUBLIC NUISAKCES, was adopted by t.itle only and further reading waived. The City Manager informed the Council the staff woul continue to investigate vehicles throughout the city. . [lo61 I {b) -Determining whether public health, safety, or welfare requires formation of an Underground Utility District on State Street from 25 feet Southerly of the Southerly right-of-way line of Elm Avenue to a point 150 feet Southerly of.Beech Avenue and extend- ing 25 feet on each side of State Street. I Mayor Dunne opened the public hearing in accordance declaring its intention to hold a public hearing on the necessity of establishing an Underground Utility District. with Resolution No. 1566 of the City of. CarlsDad, The City Clerk stated there were no written protests received. A map of the proposed district was presented. Cmn. Jardine pointed out the proposed district was recom- mended by a committee consisting of members of -the Central Business District Action Commission and representatives from the San Diego Gas 3( Electric Co Mr. Fred Maerkle addressed the Council and asked how the installation would be paid for? Mayor Dunne explajned the installation of the main line would be paid for out of funds appropriated by the San D:'ego Gas & Electric Co., and the cost of the connection from the main'line to the property would be paid by the property owners. Mr. Maerkle further stated in his opinion this work should have been done at the time the street lighting was installed, and there were certainly other areas in the city that would benefit more than this area. Mr. Harry Truax spoke from the audience and stated.the majority of the cost would be born by the San Diego Gas & Electric co. With the c.onsent of the Council the Mayor declared the public hearing closed. Cmn. McComas .asked if this proposed district would expand in the future or would there be another dis- trict formed? Cmn. Jardine stated the committee does have plans for other districts; however, it takes two y'ears to accumulate sufficient funds for a district such as the one proposed. Inquiry v!as made as to whether these funds could be used for any area in the city. Mr. Jim Deb!eese informed the Council the funds that are appropriated could only be used for those areas that meet th2 criteria set by the Public Utilities Commission. ._ L' $ \I ; \ . , ."Z, &u k "" Motion Ayes LI II Y v- wu=sY - -3- -. " . @ tL 15 :., \ .t $ 9p&j \\ Yd r"~qz;"a~."G" " "- '" .'~2.Sm?,""LCI)PJLlb .. i' Reso1utjo.n No, 1568, A RESOLUTION OF THE-CITY COUNCIL O'F THE CITY OF CARLSBAD ESTABLISHING UNDER- GROUND UTILITY DISTRICT NO. 1, was adopted by title Motion f only and further reading waived. .. .. . Ayes Resolution No. 1569. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ORDERING ACCUPrULA- . ,TION OF UNDERGROUND UTILITY FUNDS, was adopted by' Ayes . title only and further. reading waived. Motion -. -. .. - ,. . . .. I.. ENGINEERING: (a) Report on addition of Roosevelt Street to the Select Street System. Approval was given to the addition of Roosevelt Street to the Select Street- L" ,-. -. .. I261 (b) Notice of start of construction'of Park Drive, et a1 sewer system (A.D. 2-1966). . The City Engineer reported that construction work had started on the System from Chestnut Avenue to Elm Avenue, as re- quested by the City Engineer in memorandum dated October 29, 1968. Park Drive, et a1 sewer system, and the contractor will try and keep traffic moving in the area during the construction'period. i \:\''Request for four-inch water meter at Laguna 1 Riviera School site. Permission was granted for a 4" water meter at the Laguna Riviera School site, with. the city reserving the right .to regulate water ~ delivery through such meter until the 12'' water main is fully extended in that area, as recommended by the City Engineer in memorandum dated October 21, 1968. ,t .- '.\ _. Motion Ayes Motion Ayes \971 Chinquapin he. to Adam St. The City Engineer re- ported on the feasibility of improving Harrison St. between Chinquapin Ave. and Fox's Snug Harbor, and %he. $ortion 05 iiarrison St. extending to Adams St., .stating iiarrison St. between Chinquapin Fi.ve. and Fox's Snug Harbor could be widened. The work could be accomplished with city foPces and equipment, and cost' of material is estimated at $500.00. The portion of Harrison St. extending to Adams St. would require obtaining additional right-of-way and would cost be- tween $2,000.00 and $3,000.00 Approval was given for the improvement of Harrison St. between Chinquapin Ave. and Fox's Snug Harbor en-! trance in accordance with the procedure set forth in memorandum dated October 21, 1968 from the City Engineer, with the provision that the work-be done as the city S'taff is availabile. d) Report on street improvements for Harrison St. - Motion Ayes -[;;I Request for city participa'tion in street improv ments adjoining parksite in Laguna Riviera Unit #3. A wemorandum from the City Engineer was presented, dated October 29, 1968, regarding a request for city participation in street improvements adjoining park site in Laguna Riviera Unit #3; and noting there is no provision in 0rdinan.ce 99190 concerning street improvements adjoining park dedications, or the re- sponsible party. - - I .' I -4- a ... .. ' *: .. .. -. .. -.. .. e .. CITY .. E CARL-SWD -a -9 .. -4- *. . 1 i. ?'a ," .( . ? kif 3 .~.; P Approval was given for reimbursement of the cost of street.improvernents adjoining the park site in the Laguna Riviera Unit ?io, 3 subdivision, with the pro- vision that bids be obtained by the city for the construction of the work. [97] - (f) .Resolution P1570, regarding opening and improving Chestnut Ave., from Harding toJefferson St The follokling resolution was presented, declaring the i.ntention of the city to open Chestnut Ave. from Harding Street to Jefferson Street, and it was point- out that if the Division-of Highwa,ys approves the underpass at Chestnut Avenue and Interstate-5 they will require this street opening: Resolution No. 1570. A RESOLUTION OF THE CITY COUPICIL OF TU€ CITY OF CARLSBAD DECLARING INTENTION. TO .OPEN AND IMPROVE CHESTNUT. AVENUE FROM HARDING . STREET TO JEFFERSON STREET, was adopted by title only Motion and further reading waived. Mayor Dunne stated he was in receipt of a letter fro the Carlsbad School Board, stating its intention to rededicate to the city the section of Chestnut now in school district ownership at such time as it is needed to consummate an agreenent.for developing a crossing on Chestnut Avenue. .-. ~~ Ayes [99] - (9) Approval of fins$ map and plans for Tamarack Center Subdivision.' A memorandum from the City Engineer dated October 30, 1968 was presented, regarding the plans, profiles and detailed drawings for the construction of improvements.within the city public ways and easemehts for Tamarack Center Subdi- vision, consisting of a one lot subdivision on pro- perty located at the Northeast corner of Tamarack Av and Pi0 Pic0 Dr. The final map for Tamarack Center Subdivision was approved in accordance with the recommendation of the City Engineer. PLANRING: L__~ [ 1 la,'] (a) (Continued) Memorandum from Planning Commis- sion - re: kequest for zone change from R-3 to R-P, and Conditional Us2 Permit to allow construction of U. S. Post Office. facilities on property located Northerly of-Chestnut Ave., between Harding St. and Interstate 5 Freeway. Appellants: Kenneth S. 3aker et al. Mayor Dunne made reference to a memorandum from the Planning Commission dated September 24,1968 stating the Commission was still in agreement with their previous decision tha.t the proposed site was not desirable and that the Council continue to con- sider any additional sites that may be recommended by the committee. Also a memorandum from the Central.:Business District Action Commission dated October 30, 1968 was acknowledged, recommending that l the Chestnut and Harding Post: Office site be denied. 1 1: : Clotion Ryes i The City Planner informed the Council an application was received las.t Friday for a new site, Northerly I I Of the Nayfair Market between Roosevelt and Nadison Streets. CITY GF CBF4-SND -5- " .. 3 i .. =- Mr. Robert Nelson, Realtor, stated he represented- the owners and inquired as to whether the new site had been legally approved by the Postal Department? The. C<ty Planner stated he did not know if it had be.en legally approved. Mr. Nelson requested that a decision be reached tonight on the matter. I7Ir.s. Dorothy Munson addressed the Council and asked if . the property at the intersection of Home Ave. and 'After further discussion, Cmn. McComas introduced the following resolution: . Resolution No. 1571. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AFFIRMING DECISION PERMIT AND CHANGE OF ZONE, was adopted by title only and further reading waived. OF PLANNING- COMMISSION REGARDING CONDITIONAL US€ ' CENTRAL BUSINESS DISTRICT ACTION COMMISSION: PARKING AUTHORITY: Commission in memorandum dated October 24, 1968. NEW BUSINESS: -. [78] - fa) Request for change of Ordinance $3051, Section 1, Subsection (h) - re: Testing of unmuffle engines. The City Attorney was instructed to pre- pare an amendment to Ordinance $3051, Section 1, subsection 'lh", changing the hours for testing un- 1O:OO A.N. to 12:OO noon, as requested by Litchfield Custom 3oats in letter dated October 30, 19.68, with the condition that testing during these hours be limited to Tuesday and Wednesday of each week, as recommended by the Chief of Poiice. [llO] - (b) Resolution g1572, protesting applicatio 22992 o? Val.ley Center Municipal Hater District. , muffled engines from 12:OO noon to 2:OO P.M, to ... .The following resolution was introduced in support .I . CC 7 ;;3 3 1 w, " Motion Ryes Motion Ayes Motion Ryes' CITY OF- CARLSiESAD -6- .. i ,. of a protest filed by the City of Carlsbad in connec tion with Application 22992 Valley Center Municipa1 Water District: Resolution No. 1572. A RESOLUTION OF THE CITY 'COUNCIL OF THE CITY OF CARLSBAD, PROTESTING AGAINST APPLICATION 22992 OF VALLEY CENTER MUNICIPAL WATER . DISTRICT, was adopted by title only and further read . ing waived. [lo63 (c) Authorization and ac-cep-tance of documents - " - re - Installation of underground utilities for City Administration offices. Authorization was given for the rlayor-andCi3yC~'lerk to execute the Bill of Sale Electric Easement and Grant'of Right of Way, assign- ing all'right and title of the underground facilitie Gas & Electric Co., in accordance with the procedure set forth in letter dated October 14, 1968 from the San Diego Gas & Electric C.O. for the City Administrative offices, to the San Dies .. ' . [51] (d) Report on bid proposa.ls for storage shed. The Purchasing Officer reported the following bids were received on November 4, 1968 for the Fire Station Storage Shed: Fiedler Steel Construction Inc. - -$6,356.00 Dunphy Construction Company - - - -$6,540.00 .. ., The low bid of Fiedler Ste.el Construction Inc. was ' accepted in the amount of $6,356.00 for the construc tion of the storage shed. OLD BUSINESS: , The follow'ing ordinances were presented for a second reading and adoption: [113] (a) Ordinance No. 9221. AN ORDINANCE OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN OF PRO: PERTY LOCATED NORTH OF LAGUNA DRIVE TO KNOWLES AVENUE FROM INTERSTATE 5 FREEWAY WESTERLY TO DAVIS AVENUE, was given a second reading by title only and adopted. [113:] (b) Ordinance No. 9222. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RE- CLASSIFYING FOR R-3 PURPOSES, PORTION OF SUNN,Y SLOPE TRACT, MAP NO. 486, was given a second reading by title only and adopted,. .. . .. .. ~ .. . . .. '. . COMMITTEE REPORTS: .- .. .. I 28 .. .. .. . . ,. . ,.. FlhteJ Revenue Bond Issue. 'Crnn. McComas commended ... the members of the Water Systems Improvement Commit- ' tee, especially the new Chairman Col. O'Too'le, on commended the newspapers for their support of the $ the passage of the Water Revenue Bonds. He aJso , issue. I I I - - -. -. 9 S C - 'C .I 'i 97 7 =-"&u Motion Ayes Motion Ayes Mot i on Ayes Motion Ayes Abstain' Motion Ayes Abstain 0. 9 CITY of CA-D .c \ -7- t' 4 <. u 2 ,;; - ." " [78J (a) Narcotics and Drug Committee. Cmn. Neiswender reported on the findinss of the Narcotics I and Drug Committee, consisting of Douglas Deeson, representing the Carlsbad High School, klilliam E. Moore, representing Carlsbad Union School District,. and Capt. Rossall of the Carlsbad Police Department and himself as Chairman of the Committee. He stated he had occasion to watch the Border, and supports. the comments submitted by the Chief of Police of San Di ego. [22] (b) Cmn. Neiswender informed the Council the letter presented this evening from. Mr. Demler would be included in his report to the County of San Diego. .- Cmn. Jardine reported on the following: [28] The Council has received the bulk of the action taken by the Central Business District Action Commis- sion. The Commission is now working on a no-host dinner to be held November. 13th, concerning the questionaires received from the business ope'rators and property owners.. I [97] Landscaping plans for the improvement of the island on El Camino Real have been. completed and the project will be funded by the Transient Tax Fund at such time as funds are made 'available. The City Planner presented a design of the project. [70] An estimate is,being prepared by the Parks and Recreation Commission for Phase I of the Valley Street Park site. This will include grading, lawn planting, sprinkl-er system and sidewalks. [70] The Parks and Recreati.on Commission are also considering the Toby Thornton lookout monument and a report will be made to the Council. [69] Cmn. Jardine requested that a letter of Appre- ciation be sent to Gary Garrett, who has found it necessary. to resign from the Parks and Recreation Committion. [79] A draft of the procedure and rules for the Finance Committee will be submitted by Cmn. McComas and himself at a later date. [28] Cmn. Castro reported the Carlsbad City Beautiful Committee changed their date of meeting and he was unable to attend the meeting .-.. APPOINTMENTS: .. . . .. .. . . .. Kayor Dunne made the followin'g appointments: ._ [28] Robert L. Watson to the Wate.r Systems Improve- [ 1691 Richard Nieves to the Parks and Recreation ment. Committee. Commission. [28] Elmer H. Jose, Jr. as liaison. to the Central Business District Action Commission. I 1 e w CITY OF CARLSBAD -8- i CITY ATTORNEY'S REPORT: [71] (a) Memorandum - re: Off-street parking. Permission was granted to MacDonald's Pharmacy to exp'and their operation into Grosse's Gift Shop im- mediately North of their present operation with no increase in the amount of parking spaces than now exists, as indicated in memorandum dated October.30, 1968 from the City Attorney: ['99]- .(b) Memorandum - re: Subdivision Improvement Agreements. A policy was established regarding the requirements of a subdivider to secure performance of their agreements to install public improvements in Subdivisions. The subdivider would be required t deposit security for 50% of the total estimated cost total estimated cost of improvements for Faithful Performance, and partial releases of the security would be accepted as the work progresses. of improvements for- Labor and iilaterials, 100% of the 1 c991 ments. Marvin (c) Request for waiver of Lot Split require- In connection with a lot split requested by Humphry on property running through from State Street to Roosevelt Street, waiver of the in lieu park fee was granted until such time as it is deter- .mined how many dwelling units will be built on the lot fronting on Roosevelt Street, and the required street improvements for Roosevelt Street were waived, subject to a future street improvement agreement b'eing entered into by the owner. CITY MANAGER'S REPORT: The City Manager reported he had just returned. from progressing satisfactorily. vacation and his observation was that everything was f8lj Sale of City owned p'roperty. The Mayor inform ed the Council a resolution had been prepared to initiate proceedings for the sale of city owned pro.perty 'located on Mission Blvd. in the San Luis Re Valley. The only improvement on the property is a small sump pump. - Y Cmn. McComas moved for the adoption of Resolution No. 1573, and the motion died for lack of a second. Cmn. Neiswender stated he would like to make an on- site inspection of the property prior to making any decision.. The City Ma-nager pointed out the adoption of this resolution would only initiate the proceedings for the sale, and in the meantirn'e the city would. have to obtain .clear title to .the property and have'a survey made as to what portion of the property could be sol Cmn. McComas informed the Council the entire Water Systems Improvement Committee were on site and have approved the sale, subject to the funds being used for water improvements rather than bond redemption. d After further discussion it was agreed that the matter be deferred until the next meetin.g. 0 1 i-4 - 93 "k - Motion Ayes Motion Ayes I I I I :m 1 0 - CITY OF CARLSBAD .. -Y- I I 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 $83,348.68 and for the Water Department in the amount of $3,255.68 for the period-October 16, 1968 to November 6, 1963, 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 October, 1968, in the amount of $33,368.23, as certified by the Acting Director of Finance and approved by the Auditing Committee. ADJOURNMENT: BY Proper motion the meeting was adjourned at 9:41 P.M. Respectfully submitted, .. ., .. .- , ,' .. . .. .. " Iw i c I 1 '3- WalB! p".. ....&.d I Motion Ayes Motion Ayes