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HomeMy WebLinkAbout1969-10-07; City Council; MinutesCITY OF CARLSBAD QcT 24 7969 'a ** CITY CLEdk'S 'Okk(CE CITY COUNCIL (Regular Meeting) Meeting of: Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ' L.6r CtTY.OF CARLSBAD \ -. 'Date o.f Meeting: October 7, 1969 T79 . @ -P ROLL CALL: INhOCA.TION 'was offered by Mayor Dunne ALLEGIANCE to the Flag was given. APPROVAL OF MINUTES: (a) Minutes of the adjourned r.egu1ar meeting held August 13, 1969 were approved as submitted. (b) Minutes of the regular meeting held September 16, 1969 were approved as submitted. WRITTEN COMMUNICATIONS:' [llO] The City. Clerk 'read a letter'from George B. Kna dated October 1, 1969 regarding his dissatisfaction with the increased water rates. Mayor Dun'ne stated this would- be taken up later on the agenda. [Sl ] The City Clerk read a letter from National Cystic Fibrosis Research Foundation dated September 2 played by the Fire Fighters of Carlsbad in assuming the task of distributing cannisters for the Foundatio current Breath of Life Campaign. 1969 concerning the fine spirit of cooperation dis- [ 78 ] The City Clerk read a letter from the managers of the Big Bear and.Mayfair Markets dated October 4., 1969 requesting the City to pass an ordinance maki.ng the use or possession of the store"shopping carts off store premises a misdemeanor with appropriate fine. Discussion was given as to the need for such an ordinance and it was felt thilt the General Theft Sec- tion of the State Penal Code would apply. The Counci requested the City Attorney -to write a letter to the store manage.rs and advise them of the laws in exist- ence and to find out what the mabagers have in mind. [ 86 ] A letter was received ,from Ben Acuna, President requesting permission to conduct teen dances at Carlsbad High School.' The Council referred this matter to the Chief of Police for their approval and letter advising the Mexican American Association. ORAL COMMUNICATIONS: [ 1121 ERNEST RAWLINS, 1835 Chestnut. addressed the Council and discussed g-reenhlouses of Oshima, 1785 Chestnut. He -fe.lt something Should be done about thi situation.. He also stated tlhere is trash that should be taken care of on the property and questioned why a notice was not posted at his'. property when the .othe property owners were notified to clean up the trash and rubbish. Discussion wa.s' then given as to what - constitutes a greenhouse and the Council instructed Mexican Ameri,can,Associ'ation dated October 3, 1969 30 " *"." F -. .- Present Motion Ayes Motion Ayes 3 S * .. 0. LII Y OF CARLSBAD - 2 " ,. COU ;Tz p e I the City Manager to res,earch and find out what action had been taken on this matter and to have the trash. and waste cleared.. Discussion was then given as to whether agricultural growers require a business licen and it was noted that if they sell in the State they do require a business license but if they sell inter- state, they do not. Cgg ] RICHARD GEYER, 690 Elm Avenue addressed the Council regarding Carlsbad Manor #l. He stated the final map was approved previously but he would like to have an outline of the requirements for setting up a trust fund. The City'Attorney stated that the City must have some type of security; one is a bond for labor and materia which must be he1.d for 6 months after completion; another is a faithful performance bond and it was recommended by staff that it be 50% of the total estimated cost of the improvements. The question was whether the money be held in its entirety until the work is completed or do i3S the developer requeste which was to make progress payments as the work progresses or partial release of the faithful perfor- mance security, C Cmn. Neiswender could see no reason why the City shou relax the previous policy. The City Engineer p-resented .their recommendation for the Council's. review as outlined in his memorandum dated October 7, 1969. He recommended that the City require improvement security*in the amounts required by the Subdi.vision Map Act; the security for the faithful performance be released upon acceptance of all secured improvements by the City and the security for labor and materials be released in stric accordance with the Subdivision Map Act. He stated that the subdivisi.on was approved conditionally sub- ject to the security being submitted in the form satisfactory to the City. Attorney and City Engineer and this had not been done. He had checked with ception of El Cajon, released- portions of the faith- ful performance security until the work was completed He stated that the decision {of the Council coirld es- tablish a precedent for future subdivisions. 1 several other cities and none of them, with the ex- Cmn. Neiswender stated he agreed with the City Engine and would not have approved the final map without the full concurrence of the City Engine.er. Cmn.. McComas stated he agreed: with some phases, but from a business standpoint; he felt this was unreason able when a pe.rson has to borrow money and it. is very difficult to secure bonds. -__ p-- " 9 2. .L 2- 5 d P r CITY OF CARLSBAD COC 0. -3- ?n ! J 'i c e JERRY ROMBOTIS stated that i.f you' go by. way of bonds, the cost .is approximately 1 1/2% of the total con- struction cost.and felt there was nothing wrong with a letter of credit including the right to draw against the set-aside account. Up until two years ago this was the way it was 'done. The City Engineer stated that. this was prior to the change in law. RICHARD GEYER stated he had a letter of cr,edit at Oceanside Federal in the amount of $160,000 and a bonc for $80,000. JOHN MAMAUX stated the basic reason for the bond was to protect the public. The letter of credit is an instrument of credit and why should the developer pay for a bond. for a full yea.r. Why not cooperate with the developers and give them a chance. to save a few dol 1 ars. The City Engineer stated this would be difficult with only one inspector to inspect: these as to the per- centage of completion. He suggested that before the Council make a decision allowing a partial release, he would like to have time to check into the problems the other cities have encountered. RECESS: Mayor Dunne called a recess at 8:45 P.M. and the regular meeting reconvened at; 8:55-P.M. By proper motion the Council adopted the following pol i cy : 1) The amount of security for faithful performance 50 The amount of securi.ty for lab.or and materials 50% 2) Partial releases of the fa.ithfu1 performance allow ed monthly. a) request to be submitted by subdivider on or. before 20th. by 30th. * b) Engineer to release to extent approved c) amount of release to be the same as per- centage of job performed. 3) Lab.or and materials to be released by Engineer pur.suant to Map Act. The Mayor requested the City Manager and City Engineer to make.a study on this matter. The time was set for .th.e middle of November. COMMITTEE REPORTS: Councilman McComas reported: Water Systems Improv,ement Corrlmi ttee. They did not I have a meeting. *." c - " < -. .- * Motion Ayes bI 1 L vi LT"\T\LdC)/-\U " ,. 4 i , *- ,. .. -1 3.. L .iw4 . .J " J.??.. 1 L. L. ,-.. -5 1, 1 Fire Protection Committee. This will become an active i committee again- 'to determine the needssof the City .as i j to fire protection. r ~ [22] Airport Study. The Arthur P. Little Company !.made a study of the airport .situation, Miramar and Palomar were the recommended areas. Mayor Dunne aske if a copy of the airport study was available and if. a member of the CPO could appear before the Council to discuss this. It was felt that this could be arrange( CounciFman Neiswender reported: 1 .. .[28] Narcotics. He felt the Sergent General was goin to have to make a stand on marijuana. The use of narcotics has increased 2610% since 1960. The Haight Ashbury area has a unique Solution by setting the words of the bad'effects to words of rock and roll music. ( [68] League of California Cities. This conference was very worthwhile. Contracts were discussed as to fair employment, but this only applies to contracts over $5,000, Counc.ilman Jardine reported: [28] Audit and Finance Committee. Cmn, .Jardine- asked the City Manager if the City has obtained a surv,ey from the City Auditor relating to the Chamber of Commerce. Mr. Martin presented a letter from Carroll and Brantly Association dated September 29, 1969 which discussed this in ,detail. [69] Park and Recrea'tion Commission (Special Work Committee. ) He was unable to attend €he last meeting but asked Mr. Olinghouse for a report. Mr. Olinghous stated they discussed the purpose of the committee and the projects they would be responsible for, which was primarily parks, recreation, and open space areas At the' next meeting they plan to discuss getting assistance from Federal Funds or other means of financing for these pr.oject:s. Q Councilman Castro reported: [34] Chamber of Commerce. In accordance with Cmn. Castro's recommendation, authorization was given for the reimbursement of expenditures made by the Chamber of Commerce in the amount of $1,333.68. Mayor Dunne reported: [ZIO) 'Water Department. Mayor Dunne stated that he felt the billing date -should be changed. A study is being made 'on this matter. .. He requested the staff to take a look at the new water rates to be sure that the increase is only 30%. !H'e was especiall, interested in the meter rates for .5/8 .and .3/4 meters. .- ! I a. / 0 "r Ll i Y ut- LAKLSBAD COe -5- ;??p ?. 8 i. \ [ 801 Proclamation. Mayor Dunne'read a proclamation declaring the week of October I9 thru October 25 as "NATIONAL B.USINESS WOMEN'S WEEK." PUBLIC HEARING: C.511 (a) Uniform Fire Code-May 1967 Edition. The City Attorney requested this matter to be carried ove until the next meeting. ENGINEERING: [gg ] (a) Final Map Laguna Riviera #4. Mr. Rombotis addressed the Council and requested that the final map be approved subject to B letter of credit being approved by the City Engineer and City Attorney. He referred to Condition #16 of Resolution #1636 in whi.ch the City Engineer requested a type "G" curb and gutter and stated that now the City Engineer requested a type IIH" curb and gutter as outlined in his memorandum dated October 7, 1969. The width of the curb and gutter would increase from 24" to 30". He read a letter from Ray White Cement stating it would increase the cost because they are set up to do the 24"xurb and gutter. The Council questioned why the type "H" should be required. By proper motion the final map for Laguna Riviera #4 subject to the conditions of the tentative map as outlined in Resolution #1636 was approved including type "G" curb and gutter. [45 1 (b) Service contract for lot clearing services with State Division of Highways. By proper motion authorization was giv-en for the Mayor -to sign the service contract for lot clearing services not to exceed 1,000 with the State Division of Highways. [ 45 1. (c) Fu'ture street improvement agreement - re: Rubin I. and Margaret Gastellum. The City Engineer presented a future street improvement agreement for Rubin I. and ,Margaret Gastellum dated October 1, 1969 He state.d this is an area with no curbs- and gutter on either side of the street and it would be more desirable to hold off and improve the whole street at the same time. B By proper motion authorization was given for the Mayo to execute the agreement which will allow future stre impro.vem.ent adjacent to the property at 3291 Madison Street. JOHN MAMAUX questioned-if this agreement would be bin would be. . ing on a new owner and the 'City Attorney stated it [ 45 ] (d) Cannon -Road Grade- -Crossing. This matter wa held over until the next meeting so that a written staff report .. could be prepared. 2.: p... -* P -. t. t j ! v E C IC, 8 Mo ti on Ayes Motion Ayes t Yo ti on Ayes - 0. .. 0 9 (;I I Y uk- CARLSBAD LW -6 - T “7 i 4 c: f ! PLANNING: [g9 1 .(a) Tentative map for property located on the, ” northeast corner of El Camino Real and future Marroii - Road - Applicant: Otis E. an.d Cmtine Vanderburg. Mr. Olinghouse presented the tentative map for Otis E. and Christine Vanderburg on property located on as approved by the Planning Commission on September 1 , 1969 and outlined in -their memorandum dated October 3, 1969. Chief Anear requested that adequate fire protection b provided ... .i the NE corner of El Camino Real and future Marron’ Rd, MR. MASSEY addressed the Council and stated that the map was a devi atian fxom the original map presented as only 1/2 of’ the street improvements were required. He objected to this as to put in full improvements would cost. an additional $9,0,00, and he.did not feel that this should be required. He stated the fire hydrant would also be an additional expense. Cmn. Neiswender stated that the Planning Commission’ had discussed the full street improvements at some length and due to the flow of traffic felt the street should be fully developed and he agreed. n JOHN WILLIAMS, Engineer for Shell questioned why the future developer of- the other half would not be re- quired to put-in 1/2 the street improvements. After considerable discussion‘ the following resolutiol was presented: b r Resolution No. 1656. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD APPROVING THE TENTATIVE MAP. F d OTIS E. AND ,CHRISTINE WANDERBURG was adopted by title only and further reading waived with the stipulation that Item 7 be added to read “adequate fire hydrant protection should be provided as required by the Fire Chief” a.nd numbers- 7 and 8 be changed to 8 and 9. Mayor Dunne inquir.ed .as to the gas station study and cussion the Planning Commission app.ointed a work committee to study .this further and it should be ready for the next Planning Commission meeting. Mr. 0linghouse.reported that after considerable dis- [ 94 1 CARLSBAD PARKING AUTHORITY. . Mr.. Schreiner of O’Melveny & Meyers, Attorneys at Law addressed the Council and stated that the Parking Authority was estab1ishe.d .3.1/2 years ago to make available a pa-rking area at El- Camino. Real. Since the completion -of the project,. the Authority has .mov- e.d ahead and conducted the -sale of bonds. R Motion Ayes Noes .. I c- I”” -- - -.- *- Li I Y ut- CARLSBAD Lvl ,.I -7- 0. P 3. 7p e L' \ - 0 - i. I' Mr. Wells addressed the Cou.ncil stating the bond market was in a state of chaos during early September However, the Parking Authority bonds were. rated BAA which are rated the same a.s the General Obligation .bonds for the City. .With this rating, together with the bad panic market, there' were five bidders repre- sented. The City is allowed a maximum of 7% and the low bid represented approximately $149,000 less than it would have been at 7%. The average coupon rate was 6.34%. In view 'of the panic market, the City hac the benefit of a Tow market at that time,, however, tt market is .up again now. The original estimate for tt project was $142,000 per year. The end result, actually. based on bid in hand, indicated the maximum of'$134,800 with an average of $124,000. The estim- ated sales tax revenue to the City should be approxi. mately $225,000 to $,250,000. Mr. Schreiner announced that at a meeting. held pre- vious to .the Council meeting, the Parking Authority took action to reduce the debt bas.ed on the bid represented. He discussed a resolution ratifying the actfon of the Parking Authority during the past few weeks. This includes the following: 1) A'grant deed designating the title of the propert be in the name of the Parking Authority rather than the City. By having the title 'in the name of the Parking Authority, this will simplify all transactions. 2) A lease agreement by which the Parking Authority .leases to the City at an annuaJ rate of $142,250. This does not effect the legal position of the City in any way. .3) Samples of resolutions of the park.ing authority authorizing the sale of the bonds. 4) An ag.reement designating Security Pacific Nationa Bank as Fiscal Agent for the payment of the bonds 5) Authorization for the Mayor and City Clerk to execute modified escrow instructions to reflect the changes. actions of the Council that may be in conflict. 6) An agreem.ent. to rescind and repeal all prior 4 It 1' - 1 The City At.torney exp'lained that basically the only property. . After discussion the following resolution: were' presented: Resolution No. 1.6,59. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND RESCINDING THE ORDERS AND RESOiUTIONS IN .CONFLICT HEREWITH. was adopted by title only and further rea'ding waived. change is in the vehicle which holds title to the Resolution No. 1660. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN ANNUAL RENTAL UNDER THAT CERTAIN LEASE ENTITLED "LEASE AGREEMENT." was adopted by title only and further reading waived, *.: f"."* ". .- 3 is a .. Motion Ayes 1 Motion Ayes LI I Y ut LAKLSBAD LW - 0. 8- ""['E. $ f -5 \ I I Mayor Dunne questioned. if an agreement had been entered i,nto for the maintenance of the parking lot with ,the May Co. and it was noted that an agreement was being drafted in which they would maintain it. [lo51 HOUSING AUTHORITY: * On the 7th day of October, 1969, the Ci,ty Council of the City 0.f Carlsbad, California met in the City Hall in said city in regular session, The meeting was called to order at 7:OO o'clock P.M. by the Mayor and on the roll call the following members of the Council were found to be present: Messrs Dunn Neiswender., McComas, Jardine and Castro. The follow ing resolution was introduced by Mr. Jardine, who moved its adoption: 0 I Resolution NO. 1.657. RESOLUTION DECLARING THE NEED FOR A HOUSING AUTHORITY IN THE CITY OF CARLSBAD, CALIFORNIA. Be it resolved by the City Councij of the City of Carlsbad, California: Carlsbad, California, hereby determines, finds and declares, in pursuance of the Housing Authorities . Law, as amended that: (.a)- Insanitary and unsafe inhabited dwelling accommodations exist in the City of Carlsbad, Calif- 0rn.i a ; (b) There is a shortage of safe and sanitary dwelling accommoda4ions in the City of Carlsbad, California, -available to persons of low income at rentals they can afford; * (c). There is need for a Housing Authority to function in the City- of Carlsbad, California; . Section 2. The Clerk shall prompt'ly notify the Mayor of the City-of Carlsbad, California, of the adoption of this resolution (sec. 34270); to appoint five (.5) Commissioners to the Housing Authority. subject to confirmation by the Mayor (Sec. 34270) and after confirmation to file in the office of the Clerk of the City of Carlsbad, Calif- ornia the necessary c.ertificate of appointment of th Commissioners of .the Housing Authority (Sec. 34273) designating their terms of' office (Sec. 34272) and designating the first Chairman of the Housing Authority (Sec. 34277) pursuant to the Housing Authorities Law, as amended; and the provisions of Section 34242 of the California Health and Safety Code and shall tiecome effective immediately. Se.ction 1. The City Council of the City of Section ,3. The Mayor be and he hereby is directed Section 4. This resolution is adopted pursuant to T.he motion to ad0p.t said 'Resolution was seconded , be Cmn. Neiswender, and upon roll'call the following voted: Yea: Councilmen Dunn-e, Neiswender, McComas, Jardine Nay: None Thereupon, .the Mayor declared said Resolution duly adopted and passed. and Castro. ADJOURNMENT: Meeting'adjourned f- "" - -. .w at 11:OO o'clock P.M. f! I Y 'L ! .. LI I Y OF CARLSBAD COC +. 0. -9 - IO[" F e 7 .1 i 1- i Resolution No., 1658. A RESOLUTION OF T,HE CITY COUNCIL ~ OF THE CITY OF CARLSBAD CONFIRMING APPOINTMENT OF I COMMISSIONERS.OF THE HOUSING AUTHOR1,TY OF THE CITY OF CARLSBAD, BY THE MAYOR OF THE CITY OF CARLSBAD. ..was adopted by title- only and further reading waived. Mayor Dunne also noted that the firstmeeting would be at the Council meeti.ng October 21, 1969,. NEW BUSINESS: I [ 99 ] (a) .Amendment to Subdivision- Ordinance. The City Attorney presented the following ordinance whic requires. subdividers to submit all bonds, fees, agreements, etc. necessary for the final approval of the subdivision map prior to submitting the map to th.e Counci 1. < h Ordinance No. 9249.. AN ORDINANCE OF THE .CITY OF CARLSBAD AMENDING SECTION 418 OF ORDINANCE 9050 I REGARDING' SUBDIVISIONS was given a first reading by title. only and further reading waived. CITY MANAGER'S REPORT: [ 11q Water rates. He stated that the. increase in the 5/8 and 3/4 water meter was only one phase of the water bill and the overall increase should be around sure. 30%. However, the staff will check this out to be ['lo] Surp1u.s Land Owned by the Water Department.. He prepared-a memorandum dated October 7, 1969 re-' garding surplus land-owned by the Water Department .for the Council's review and this wilq be discussed at the next Council meeting. [ 68] Un-ited Fund Drive. Mayor Dunne inquired as to the status of the-United Fund Drive and it was noted that it would be within the next week. [ M7f &na Vista Lagoon.Spi.llway. Mr. Martin statec that the design 'should be finalized and he felt the State had the money .for this project and it was just a question of getting them to do it. Councilman Neiswender commented on the horse barn on Elm Avenue, t from the ice cream man at Chestnut and nd also inquired as to the report on property that had been rezoned as to wheth the property was developed. He felt that a waiting period should. be set and if it was not developed within a certai'n time the rezoning would be canceled 4, 1. [ 1051 Post Office. Mayor Dunne stated he had written a letter to Congressman Utt concerning the new Post office showing justification as to the need for one. < . .- p"- " * -. ... I ~ Motion i Ayes i Motion Ayes * r CITY OF CARLSBAD COU " ,. . 6. .. -1 0- '; 81 \ 4 1 - " 0 -r AUTHORIZAT-ION FOR .PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given for payment. of bills for ..the general expenses.of the,. City in the amount of $204,386,92 and for the Water Department in the amount of $72,396.35 from September 16 to September 1969 as certified by the Acting Director of Finance and approved by the Auditing Committee.. Ratification of th.e Payroll was given for the second half of September in the amount of $40,964.74 as certified by the acting Director of Finance and approved by the Auditing Committee. ADJOURNMENT: < By proper motion the meeting was adjourned at 11:OO P.M. Respectfully submitted, gAf,d&M5 Shirfey'L. Sanson Deputy City Clerk 'c .. A . .- I" -- 9 -: -- -I- 3 3, Motion Ayes Motion Ayes * I ~