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HomeMy WebLinkAbout1970-08-04; City Council; Minutese - 0 "4 CITY OF CARLSBAD Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 4, 1970 Time of Meeting: 7:OO P.M. Place of Meeting: Counci 1 Chambers - * 1 " ROLL CALL 2 -- INVOCATION was offered by Mayor Dunne. 3- ALLEGIANCE TO THE FLAG was given. 4- APPROVAL OF MINUTES; (a) Minutes of the regular meeting held July 21 1970 were approved as submitted. (b) Minutes of the Adjourned Regular Meeting held July 23, 1970 were approved as submitted 5 .- COUNCIL COMMITTEE REPORTS [28] (a) Water Committee: Cmn. McComas reported the Committee met and are considering recommendations of disposing of excess water department property. The rates to be charged by CMWD in the various areas will be discussed at the next meeting on August 10th and he asked that the maps be made available to the Chairman, Mr.; ..Watson. Mayor Dunne sugge.sted that a representative of CMWD be invite'd to attend the meeting of August 10th. [37] (b) Mayor Dunne announced that a meeting of Mayors and councilmen of the County is scheduled for August 7th, an all day session, and will be held at the At1 antis Restaurant in San Diego. Discussions will be held on County and City re- lationships and asked for volunteers from the ' Council to attend. It was noted that the Mayor would attend the full session, Crnn. McComas and Castro would each attend part of the sessions. [68] (c) Mayor Dunne announced that the next meeting of the League of California Cities will be hosted by Del Mar at the Del Mar Race Track on August 20, The Council adjourned at 7:08 P.M. to the Housing Authority and reconvened at 7:13 P.M. with all Councilmen present. 6- ORAL COMMUNICATIONS: None I [42] Mayor Dunne presented a letter received from Mr. Ben;F. Taylor, 3093 Ocean Street, commending Carl sbad Pol ice Department and officers , namely: Capt. Rossall , Sgt. Ed. Urbanski, Officer Gene Kellogg, Officer Bruce Wishart, andReserve Officer Neal Sato. The letter was dated July 22 1970, Mayor Dunne commended the Police Depart- ment and requested copies of the letter be sent to the department and the officers named. ¶ [55] . McDougal Sanitation: A Memorandum dated August 3, 1970, from Mr. W. F. Priday, Adminis- trative Assistant, was presented which stated the recommendation that the increase afforded the McDougal Sanitation be continued and the recommendations of the City Auditor of June 30th be accepted. Mr. Priday further pointed out that the city is continuing the study concerning mandatory service and a report would be made to the council within the next four to five months. COUNCIL1 0 I CITY OF CARLSBAD -2- August 4, 1970 ~ [69] The Mayor presented a letter dated July 30, 1970, from Mrs.Ralph Palmer, President, Carlsbad Women' Club regarding a Community Improvement Project of developing a park on the city property located on the east side of State Street on Highway 101 adjacent to the Buena Vista Lagoon. Mayor Dunne stated the matter should be pursued and requested that Cmn. Lewis and Mr. Arnold, and Mrs. Wo%lrich meet with Mrs. Palmer and her committee for, ways and means of proceeding with the project. It was agreed to accept the offer of the.Carlsbad Women's Club and the city to confer with the Women's Club Committee as suggested by Mayor Dunn The Mayor requested Mr. Arnold to write a letter of .appreciation and city intention to the Women's Club. 7 -- DEPARTMENTAL REPORTS: A. Engineering ~961 1: Agenda Bill #224. Pedestrian crossing Assistance - El Camino' Real at C.hestnut Avenue. After discussion as to availability of funds, authorization was given for the expenditure of $1,859.58 from unappropriated Gas Tax Surplus monies for the purpose of upgrading the traffic signal at El Camino Real and Chestnut Ave. c721 2. Agenda Bill #231'. Establishing a "NO Parking" zone on Carlsbad Blvd. in the area of the State Campground. The City Engineer reported that the area is not now presently posted "No Parking" and that the Park Ranger has requested assistance from the City to curtail vandalism and burglarizing of the .State Campground. After discussion, the following Resolution was presented: Resolution:#1766. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD DESIGNATING NO PARKING AREA WAS adopted by title only and further read- ing waived, designating "No Parking" on the westerly side of Carlsbad Blvd., 3200 ft. norther ly of La Costa Downs overcrossing and 300 ft. southerly of La Costa Downs overcrossing, with the following amendments: 1. That 12:OO A.M. .be changed to 12:OO mid- night. .. 2. That an additional clause be added,"that the area be properly posted". i I I C E COUNClLf , Motion Ayes xx " Motion xx Ayes X 0 0 . '! I i - .* ~ I CITY OF CARLSBAD COUNCILt -3- $, ;jz&,40 z = I August 4, 1970 ~~~ CS? %p, B. P1 anni ng. PSI 1. Agenda Bill #225. Contract Agreement between State of California and City of Carlsbad- re: "701 Planning Assistance Program. The City Planner explained that the State is the administrator of the 701 Funds and specifies the work program and expenditure of funds and that the contract agreement is routine procedure. The following resolution was presented: Resolution No. 1764. A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE STATE .OF CALIFORNIA6 AND THE CITY OF CARLSBAD PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 34200, ET SEQ,, was adopted by title only and further reading wai.ved, and the Planning Director was authorized Motion to execute said contract on behalf of the city. Ayes xx C. Public Works. D 121 1. Agenda Bill No. 168. Assessing costs of Abatement - 1969 Weed Program. Mr. Priday reported that 404 units had been post- ed, the city had cleaned up 50 units and of the 50, two property owners had not paid the fees. The Mayor invited oral communications from any of the interested citizens and there being none, the public hearing was closed. Following the Public Hearing, at which time no oral or written communications were received, the following resolution was presented: Resolution No. 1765. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CONFIRMING REPORT OF STREET SUPERINTENDENT REGARDING COSTS OF WEED ABATEMENT AND MAKING AND CONFIRMING ASSESSMENTS AS L.IENS ON VARIOUS PARCELS, with no modification: was adopted by title only and further reading Motion waived. Ayes xx D. Fire Department. ~ I [201 1. Agenda Bill #232. Public Nuisance - abandoned shed - 4150 Hillside Drive. Fire Chief Annear noted that*the shed is a fire. hazard as well as dangerous to children who have been playing in the area. He informed the Coun- cil that k notice had been sent to the owners requesting that either the building be restored to a safe condition or demolished by April 28, 1970. It was reinspected May 18, 1970, and as of July 13, 1970 there was no compliance to the notice. The following resolution -was presented: I) 0 -r CITY OF CARLSBAD -4- August 4, 1970 -1 Resolution No. 1767. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REGARDING ALLEGED PUBLIC NUISANCE AT 4150 HILLSIDE DRIVE was adopt- ed by title only and further reading waived. E. Civil Defense. I 13051 1. Agenda Bill #233. Acquisition of surplus property over and under $2,500. The following, resolutions were presented authori- zing the City Manager and Police Chief to acquire and accept surplus Federal property, and as a1 ternates , execute appl i cations and documents for obtaining financial assistance under F.edera1 Civil Defe'nse Act of 1950: Resolution No. 1768. A RESOLUTION OF THE CITY COUNCIL AUTHORIZING CERTAIN INDUIDUALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE was adopted by title only and further reading waived. Resolution No. 1769. ARESOLUTION OF THE CITY COUNCIL OF THE CITY .OF CARLSBAD AUTHORIZING PLUS FEDERAL PROPERTY was adopted by title only and further reading waived. CITY REPRESENTATIVE TO SIGN FOR AND ACCEPT SUR- U05) 2. Agenda Bill #234. Authorization for City Manager to file application for Federal financial assistance under Federal Disaster Act. The following resolution was presented: Resolution No. 1770. A RESOLUTION OF THE CITY OF CARLSBAD AUTHORIZING CITY MANAGER TO EXECUTE AND FILE APPLICATION FOR PURPOSE OF OBTAINXNG FEDERAL FINANCIAL ASSISTANCE UNDER THE FEDERAL DISASTER ACT (PUBLIC LAW 875, 81st CONGRESS: 42 U.S.C. 1855-l855g) was adopted by title only and further reading waived. 8- ORDINANCES FOR ADOPTION. I [113] (a) Agenda Bill #211. The following ordinance was given a second reading and adopted by title only and further reading waived. Ordinance No. 9254. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060. RECLASSIFY- I ~ ING FOR P-c (PLANNED COMMUNITY) PURPOSES, ON ~ PROPERTY LOCATED SOUTHWESTERLY OF THE INTERSEC- TION OF MARINA DRIVE AND PARK DRIVE. 9- - ORDINANCES FOR INTRODUCTION. [28] (a) Agenda Bill #226. A first reading was given Ordinance #1123 by title only and further reading waived. Ordinance #1123. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 1119 REGARDING I ENVIRONMENTAL POLLUTION COMMISSION, increasing the commission from 5 to 7 members. COUNClLf Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes I ~ Xi i xx I I i I I x; x x~ ~ xx CITY OF CARLSBAD COUNCIL1 -5- .. 0 142 - August 4, 1970 By proper motion the Council appointed seven mem- bers to the commission and assigned the length of appointment in accordance with the recommendationsblotion submitted by Carl H. Neiswender. xx Ayes The City Clerk was instructed to send letters of appreciation for service and appointment to the appointed members. Mayor Dunne announced the appointment of Mr. Lyle Richardson to,fill the vacancy,on the Parking Authority and the City Clerk was instructed to send letter of appointment to Mr. Richardson. [82] (b) Agenda.Bil1 #227. Driving motor vehicles on private property. It was noted there have been numerous complaints of .the driving of loud vehicles in Hosp Grove and other private property in the City. The City Manager noted that the problem could possibly be solved by adoptPng an ordinance providing for police enforcement of posted property. Capt. Rossall of the Police Department stated that mini bikes are not licensed by the state to drive on public streets and the drivers therefore attempt to stay off public streets by using back roads and private properti es . Mr. Bob Hammerfield, 3923 James Drive, addressed the Council inquiring what constitutes "posting" and if "NO Trespassing" signs constitutes posting. the Council that "No Trespassing" signs are considered posting property and should be placed at each end of the property and at interva1.s of no greater than 300 feet. After discussion, this matter .was postponed in- definitely in order that the New Chief of Police I can review the proposed ordinance and submit 1 recommendations to the Counci-1 . ~ ~ -The City Attorney informed Mr. Hammerfield and ~ [loo] (c) Agenda Bill #228. Transient occupancy tax. Proposed Ordinance #1124 amending Sec. 16 of Ordinance #1087, to provide that all net revenue col lecled shall be placed in the Parks .and Recreation fund and expended therefrom for allow- ed purposes of said fund. Mr. Arnold stated the Commissions should become aware of the funds available for operation and it should be a city pol icy that any budget for Planning or Parks and Recreation should be dis- cussed with the commission and they should sub- mi t their recommendation.s and comments prior to the preparation of the budget. - ,. Cmn. Jardine informed the Council that in the past certain amounts were ear-marked for operat- ing funds and the Parks and Recreation Commission would like to see the identity of the transient pr-eserved. ti.x Mayor Dunne reported he had -discussed the budget with several members of the Parks and Recreation ~ CITY OF CARLSBAD -6- Auqust 4, 1970 - 0 and it is their feeling that if this ordinance is adopted, they would lose control of these fund Mayor Dunne also pointed out the commission is only an advisory body to make recommendations as to how the funds should-be used. The City Manager stated he had dictated a letter to the chairman of the Parks and Recreation Com- mission explaining the purpose of placing these funds in the General Fund of the Parks and Rec- reation budget. He pointed out that when the Council adopts a budget, it sets the policy and the city should have as few special funds as possible. Therefore, the placing of these funds in the General Fund of the Parks and Recre.ation budget makbes the budget more flexible. Also, the budget will set forth how these funds will be used. Mr. Arnold pointed out the revised budget was predicated on merging of these funds. Crnn. Jardine felt the Commission would be satis- fied with the change if the origi.na1 safeguards were to be continued. It was noted this would be the first reading of the.ordinance and if there were any objections by the commission prio-r to the second reading, the ordinance can be pulled before the second reading. Ordinance No. 1124. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 16 OF ORDINANCE N0.1087 REGARDING TRANSIENT OCCUPANCY TAX was given a first reading by title only and further reading Waived. It was noted by Mayor Dunne, Cmn. McComas and Jardine they reserved the right to change their vote after the City Manager had met with the Commission at their next meeting and made a repor to the Council at the next council meeting. 10- CONS.ENT CALENDAR. The following items were approved by one motion affirming the actions on the Consent Calendar. [SO] A. Proclamations. 1. Agenda Bi 11 #229. Proclaiming Law and morality week - August 11th to 18th, 1970. 2. Agenda Bill #230. .Proclaiming United Nations Day - October 24, 1970. 11- CONTINUED BUSINESS [34] (a) Agenda Bill #229. Chamber of Commerce Agreement for fiscal year 1969-70. The City Attorney and Crnn. Castro reported they would meet with members of the Chamber of Com- merce to discuss the agreement and make report at the next meeting. -r C - i k’3 Motion Ayes Motion Ayes. COUNClLl X xx I xx I) 0 .r CITY OF CARLSBAD COUNCiLt -7- August 4, 1970 C451 (b) Agenda Bill #236. Request for change in payment schedule - Bartle Wells Associates. The City Attorney explained that Bartle Wells has received $3,000 and the next payment is to be mad from proceeds of the bond sale. Now the bond market has deteriorated and the firm is requestinc 80% of the final amount prior to the sale of bond: or a sum of $8,000 from the General Fund. He recommended the Council decline to change the present contract as the City would have to i' j, generate $8,000. There is also a legal question \, '. . as to paying this amount. After discussion, the request was denied o,n the xx Ayes basis that' funds are not now available. X Motion 12- CURRENT BUSINESS C861 (a) Agenda Bill #237. Request for permis- sion to use house trailer for housing watchman - Carlsbad Raceway. Upon proper motion, permission was granted to use a house trailer at Carlsbad Raceway to house Motion a watchman. Ayes xx C741 (b) Salary Plan for 1970-71 1. Approval of Class Specifications. Approval was given to the Class Specifications and allocations of class specifications as recom- mended by the City Manager in his memorandum of X Motion ' July 31 , 1970. Ayes xx 2. Allocation of Classification to salary range. Reference was made to the memorandum addressec to the Mayor dated July 31, 1970 concerning the : placement of the City Manager on a salary range. the following resolution was offered for consid- eration. Resolution #1771. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CLASSIFYING THE POSITION OF CITY MANAGER IN RANGE XM, AND PLACING THE INCUMBENT CITY MANAGER ON STEP 'IB" THEREOF, was adopted by title only and further reading Motion waived. Ayes . x x I 13- ADDITIONAL BUSINESS. [$dl (a) Legislative committee. The City Attorney "a$ that a committee be appointed consititing of the 1 City Manager, Mayor and himsi!;kf and authorization be given to the committee to make decisions on proposed legislation in order to expedite matters between council meetings. It was suggested that Cmn. McComas be named as an a1 ternate. By Proper motion, the legislative committee con- si-sting of the City Manager, Mayor, City Attorney and Vice Mayer as alternate was formed and the committee authorized to take action on legislativ? matters in the interim period between Council Motion Meetings. A.y e s X'X' ., 0 0 .r CITY OF CARLSBAD COUNClLl -8- [87] (b) C.P.O. Mayor Dunne referred to the propose regional organization and reported. that a recom- mendation to require any taxation or condemnation power be presented to the voters would be dis- cussed with the Council. at the next meeting. (c) Mayor Dunne acknowledged receipt of a letter of thanks for the support and resolution of the City regarding aid to American Prisoners of war in Viet Nam. [85] (d) The Mayor requested the City Manager to 7'4 prepare and submit to the Council for approval a city policy regarding staff or councilmen attending meetings outside the county to prepare reports far city administration information. 11691 (e) It was noted that the Parks and Recreation Commission requested they be included. in any action taken by the City concerning Calaveras Lake. E961 (f) The City Engineer reported that a study is being made by the Division of Highways regarding signal .lights on Vista Way and El Camino Real Lagoon weir project. [lo?] (h) Cmn. McComas requested that some considera- . tion be given to controlling bicycles on highways after dark and the matte.r was referred to the Chief of Police for study and recommendations. [103](i) Traf.fic Safety Commission. Mayor Dunne announced the reappointment of Mr. Harkins and Mr. Nooncaster to the commission. 14- AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICA- TION OF PAYROLL. Authorization was given for payment of bills for the General Fund in the amount of $113,249.67 and the Water Department of $15,678.94, totalling $128,928.61 as certified by the Director of Finance and approved by the Auditing Committee Ratification of the payroll was given for the last half of July, 1970 in the amount of ~ 15- ADJOURNMENT. Respectfully submitted,