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HomeMy WebLinkAbout1969-09-02; City Council; Minutes. c- , i CITY OF CARLSBAD Coi Meeting of: CITY COUNCIL (Regular Meeting) - 0 * Date of Meeting: September 2, "19-69.- .I \ .. Time'of Mee!ting: 7:00 P.M. 1.5 4, Place of Meeting: Council Chambers I. 0 7 ROLL CALL: INVOCATION was offered by Mayor Dunne. ALLEGIANCE to the Flag was given. APPROVAL OF MINUTES: (a) Minutes of the regular me.eting held August 19, 1969 were approved as- amended. CORRESPONDErNCE: [ 78] A letter of commendation to the Police and Fir Departments, dated Augu,st 14, 1969, from Mrs. Frances White, was read expressing her appreciation for the prompt and courteous assistance these departments 51 have given 0ve.r the past five years, [ 641 A petition was presented dated August.28, 1969 and signed by twenty-one (21) residents of Cipriano Lane, requesting that a street light be installed at the head of the cul-de-sac of Cipriano Lane. Mayor Dunne referred this matter to the Staff for their recommendations to be presented at the next regul ar meeting. [ 861 A letter dated September 2, 1969 from Kenneth E. Gilman, Jr. was read requesting exclusive rights to investigate for salvaging purposes, property lo- cated approximately one-half mile off the beach of the City of Carlsbad. Discussion was held regarding this req.uest and it was stated that Mr. Gilman did not specify any boundary lines. MR. KENNET'H. GILMAN., JR., Manager of Oceanside Divers, 240 Harbor Drive, Oceanside, Calif., stated he could not give a specific area where he wished to explore for salvage since other interested parties would in- vade this area. He was applying for exclusive rights so he could protect his interests. He stated .it would cover an area of some 200 square feet and he ha contacted the City Manager regarding this matter last week. The,y discussed a possible agreement with the City. After further discussion, it was the concensus of the Council that Mr. Gilman work out an agreement with the City Manager and the City Attorney, wherein Mr.. Gilman would be granted exclusive rights and in exchange, the City would re-ceive a percentage of profit from any salvage Mr. Gi.lman.may find in the area he is exploring. Present Motion Ayes i i . -. - 1' CITY OF CARLSBAD Ccji e 15% 1 -2- e .. l- ORAL COMMUNICATIONS: I [ 301 MR. JOSEPH PARIS1 , 305 Elm Avenue, Carlsbad, stated. he has been handling the property at 380 Oak .Avenue owned by Mr. L. Bouchard. Notices were sent to Mr. Bouchard regarding the abatement of Public Nuisances for 380 Oak Avenue and 1239 Knowles Avenue. Mr. Bouchard does not own the property at 1239 Knowle Avenue and would like the reco,rds corrected. Mr. Parisi stated he personally had done.everything possi ble to comply with City requirements on the abatement of the Pub1 ic Nuisance which in this case -would be the property located at 380 Oak Avenue, owned .by Mr. Bouchard. The structure has been removed, however, the cribbing still remains. He understood the cri bb- ing should also be removed and this will be done shortly. Mayor Dunne complimented Mr. Parisi for the fine job he had done in cTeaning up that area and removing the structure. It was the decision of the Council that when Resolu- tion No. 1650 is presented, the address of 380 Oak Avenue be deleted. I COMMITTEE REPORTS: I Councilman Castro stated he had nothing to report at this time and added that Councilman Neiswender would be reporting on the Chamber Budget. Councilman Jardine reported: .I [,69] Park and Recreation Commission. The Park and Recreation Commission at their last meetinq aqreed I on a schedule for submitting a Comprehensiie Park Plan. Councilman Jardine stated the Commission would like to proceed with this four step plan if there were no objections. Councilman Nei swender reported: I [ 291 Chamber of Commerce. Councilman Neiswender read a memorandum which stated he felt more time was I needed to study the advertising phase of the Chamber Budget. He stated it must be remembered that .05 per $100.00 of assessed valuation is the amount allowable for advertising by the City and this means their modi fied budget must be reduced by approximately $600.00. Councilman Neiswender stated he would like to have a meeting with members of the Chamber picked by Chamber President, Harold Curry, with Councilman Castro as liason. Councilman McComas stated the City, buncil has a righ to scrutinize any budget where public funds are being used. Also the City Council should be a little more aware of what is going on. I ~ I ~ .k . , Cn" OF CARLSBAD ca _, -.(I, -, '>. LLsC qg,, F .. -3- e 7 Mayor Dunne mentioned in 1967-68 the City had a con- ority .to audit Chamber Books. No such contract was drawn for 1968-69, and he felt a contract should be drawn for 1969-70. He requested the City Attorney to draw up such a contract. It would also be very helpful to the Council as well as the Chamber. Councilman Neiswender stated that certain areas should be discussed, such as the Christmas Tree Light Matters such as this should be discussed with the City since such a contract for Christmas Tree Lights consumes a large portion of the Chamber Budget. Councilman Neiswender a'lso reported the Chamber bills to be approved were nrot received until late afternoon and this did n-ot allow enough time for the bills to be reviewed. tract with the Chamber which gave the City the auth- Mayor Dunne reported: : .i' . _-, I [&?I Mayor Dunne informed the Council Councilman McComas was his alternate on the Comprehensive Plann- ing Organization committee. [ 281 Mayor Dunne announced that the Community In- volvement Committee met recently. He stated this committee is made up of many fine citizens who are going to do everything they can for the good of the City.. Some of their goals are: 1. Code Enforcement. 2. Low Cost Housing. 3. Relocation of displaced persons. 4. Parks and Recreation (Mary Scherr as liason to coordinate with Parks and Recreation Commission) ._ 5. Human Rel'ati ons. .6. Goals for the future. This Committee, the Planning Commission, Parks and Recreation Commission and others will be meeting with Mr. Walter Slattery, .representative of HUD, on September 5, 1969 at'2:OO p.m. in the Council Chamber The general public is also invited. The City Manager reported: [ 941 The City Manager reported the Parking Authorit authorized the sale of bonds in the.amount of $1,535, and the bid opening is set for September 23, 1969. I .. 00. ~ CITY OF- CARLSBAD CO ~ .... 0 -,- .' -. . - - .- ._ 15p 1 -4- e ,I I I I i PUBLrC HEARING: [lo61 (a) To consider an Amendment to Resolution No. 15'68 regarding Underground Utility District No. 1. The City Clerk announced that the Staff has requested a postponement on the hearing for Underground Utility. District No. 1 until the next regular meeting. Since there were no objections, it was agreed by the Council this hearing would be scheduled for the next regular meeting to be held September 16, 1.969.. ENGINEERING: I [llO] (a) Approval of' Agreement with State Division of Highways for reloc-ation of water facilities at Vista Way.on State Route ll-SD-5. By proper motion -the agreement with the Division of Highways for the relocation of water facilities at Vista Way on State Route ll-SD-5 was approved, as recommended by the City Engineer in his memo dated August 27, 1969, and authorization was given.for the Mayor and City Clerk to execute subject agreement. NEW BUSINESS: I [ 873 (a) Resolution No. 1648, endorsing the Cali- fornia Council on Intergovernmental Relations Policy Statement concerning regional organization. A copy of a resolution adopted by the Policy Committee of the San Diego County Comprehensive Planning Organi- z.ation, endorsing the policy statement of the Cali- fornia Council on Intergovernmental Relations concern- ing regional organization was reviewed by the Council. This resolution recommended that the member agencies adopt-a similar resolution. Following discussion the following resolution was pre- sented to the Council for adoption. Resolution No. 1648. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD ENDORSING THE CALIFORNIA COUN ! CIL ON INTERGOVERNMENTAL RELATIONS POLICY STATEMENT CONCERNING REGIONAL ORGANIZATION, was adopted by title only and further reading waived. OLD BUSINESS: [ 811 (a) (continued) Acceptance of deed to Lot 19 from Buena Vista Lagoon Association. By proper motion, it was agree.d that the City acquire Lot 19 from the Buena Vista Lagoon Association as pro posed in the Agreement, conditioned to Item #5 read- ing "Said property shall be used and developed by Cit for no other purpose", the Mayor authorized to sign said agreement on behalf of the City, and the City Clerk authorized to record said agreement with the County Recorder. as a public park and for public street purpose.s, and 1- 3 Motion "Ayes Motion Ayes Motion Ayes (I, *' 0 .. "p L CITY Of CARLSBAD COC -.- - - - .- .~. 1 3 5:; h -5- .. i _e. ,*- $l [&'Cokl! a:ipCity of Carlsbad - re: *Recodification of Municipal Code. roval of Agreement between Municipal The City Attorney requested that this matter be de- Municipal Code Corporation could quote-was $10,000 and this amount is more than the City can afford. The City Manager stated that a' figure estimate of $6,500 was given some time ago which was only an ex- ample, *however, the charge will be based on the num- ber of pages. .He felt that more negotiating should be done with this firm. -ferred at this time and stated the only amount the Thk Mayor referred this' matter back to the City Mana- ger for the purpose of obtaining more information on this subject. r CITY ATTORNEY'S REPORT: [ 301 (a) Resolution No. 1647 regarding alleged public nuisances (House Moving). The City Attorney stated his report was in relation to the subject Mr. Parisi brought up during Oral Communications and pointed out there was still re- maining one structure which is c0nsidere.d a P'ublic Nuisance. This structure is located at 1239. Knowles Avenue and still remains on cribbing. The City Attor ney requested the Assistant Building Inspector, Mr. Green to cite the reasons this structure is consider- ed a Public Nuisance. Mr. Green stated the following reasons: 1. . There is no foundation. 2. It is a fire hazard because weeds are grow- ing from under it. 3. There is an abundance of ventilation. 4. It is attractive to children and others. , 5, It is still setting on temporary shoring, Discussion was given by the Council and it was agreed that when Resolution.No. 1650 is presented, it should only indicate a public nuisance located at 1239 Knowles Avenue and a time 1 imit of 30 days. should be set for abatement from time notice is given. MR. HARRY TRUAX, representative of E. Brian Smith Engineering , stated, on behalf of Mrs. Hunt, owner of subject property, Mrs. Hunt was unable to follow through with her previous plans due to a .financial stumbling block and E. Brian Smith is ready to carry out her plans at this time. They are requesting an extension of time so they can 'investi,gate and deter- mine if this house can be brought up to code. They would like a two week extension before abatement proceedings are considered. After xome discussion, it was agreed that an exten- sion be granted to E. Brian Smith to investigate the possibility of this property being brought up to City Requi rements. I. 7 .. CITY OF CARLSSAD CO r 0 *' ~ -~ 0 7 -. - ~ - .- " \ q 0 -6- ..I. CI C' i CITY MANAGER'S REPORT: [ 291 (a) (continued) Budget for fiscal year 1969- ~70 - r'e: Advertising and Publicity Funds. Capital Improvement Purchases and questioned. some of the equipment. The City Manager explained that the bulldozer sho-uld remain in the. budget but the skip loader should be eliminated. ' [ 501 (b) Resolution No. 1649 authorizin'g tax anti- cipation borrowing. The. City 'Manager referred to a memorandum requesting the borrowing of $300,000 for tax anticipation and stated this will be done by way of .a bonified bid proposal and he felt it should be placed by a local bank if possible. ~ A motion was made that Resolution No. 1649 be adopted I with the following amendments. i 1. That the sum of "$300,000 be filled.in on I I 2.. That the promissary note be signed by the I the Mayor. I , City Treasurer and City Clerk, as well as THE BORRONING OF MONEY AND THE ISSUANCE OF A PROMIS- SORY NOTE, was read by title only and further reading waived. EXECUTIVE SESSION: Mayor Dunne called an Executive Session at 8:25 p.m. and the meeting re'convened at 8:30 p.m. He announced the Executive Session was called for the purpose of discussing personnel and no action was taken. Mayor Dunne stated he had discussed the sewers that went in on Highland, Park and Adams Streets with the Public Works Administrator. He requested the City Manager to see if something can be done about the improvement of the streets. Mayor Dunne requested the City Clerk to obtain the meeting dates of the Library Board of Trustees from now'until January 1, 1970 so that he could appoint a liason from the Council to attend these meetings.. AUTHORIZATION FOR PAYMENT OF B'ILLS AND RATIFICATION OF PAYROLL. Authorization was given for the payment of bills for Motion the general expenses of.the City in the amount of $45,083.97 and for the Water Department in the amount Ayes as certified by the Acting Director of Finance and approved by the Auditing Committee. of $2'7,848.06 from August 16 through August 29, 1969 I " 8' . CITY OF CARLSBAD CO , ,* ,,-, -0 . .? 0 .I -Y " . - -.. - 1 3 G;i. -7- . -. ADJOURNMENT: By proper motion the meeting was adjourned at 8:35 p.m. NORA K. DANIELS Recording Secretary r .. 1