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HomeMy WebLinkAbout1970-10-06; City Council; Minutes0 0 @&2.4&z-J . CITY OF CARLSBAD COUNCILME Minutes of: CITY COUNCIL (Regular Meeting') Date of Meeting: October 6, 1970 Time of Meeting: 7:OO P.M. 0 Place of Meeting: . Council Chambers . INVOCATION was offered by Mayor Dunne. ALLEGIANCE TO THE FLAG was given. APPROVAL OF MINUTES: COUNCIL COMMITTEE REPORTS: [68] (a) C.P.O. Cmn. MC Comas reported that he had attended a C.P.O. policy meeting and discussion was held as to what part and authority the organization plays and the establishing of a platform. He recommended a thorough study be made as he felt that if a regional authority is set up, the cities would loose some of their own individual authority.. [30] (b) Billboards. Cmn. McComas noted that the two billboards of the San Diego Gas and Electric W bee removed and extended thanks to the company and Mr. Ted- Richmond for his efforts in this accomplishment. [79] (c) Travel Pol icy. Cmn. Jardine reported the. committee's study and recommendations should be ready to present to the Counc'il at the council meeting of November 3, 1970. [34] (d) Chamber of Commerce. Authorization was given to reimburse the Chamber of Commerce for expenditures in the amount of $2,796.08. [7' (e) Parks and Recreation. Cmn. Lewis reported that recommendations for the development of city parks would soon be presented to the Council from the Commission. He noted the Commission suggests that property owners replace trees [2.8] (f) Forum of Governments. Mayor Dunne noted the meeting would be held at Warner Hot Springs on October 15 and 16 and the main subjects for discussion will be annexation and city and county zoning. HOUSING AUTHORITY MEETING. The City Council meeting was adjourned to the Housing Authority Meeting at 7:12 P.M. and reconvened at 7:12 P.M. PUBLIC HEARINGS: 7:30 P.M. [25] (a) Agenda Bill #214. To consider a request to annex certain property to the City of Carlsbad t be known as "South Carlsbad Annexation No.1 .8", said property being located East of Interstate 5 and Southerly of Palomar Airport Road and Lowder Land intersection. (MACCO Corp.) The City Clerk presented the petition approved' by LAFCO and the notice -of publication. 0 0 e .. 0 CITY OF CARLS COUNCILMI -2- I There being no written or oral .communications, the public hearing was closed at 7:40 P.M. The Mayor asked if the owner was-still consider- ing developing the property for a Mobile Home Park, and the City Planner informed the Council situation. Discussion was held and it was agreed that.the removal of bill board signs be made a condition of annexations. Ordinance No. 1127. AN ORDINANCE OF THE .CITY 0 CARLSBAD APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN. PROPERTY DESIGNATED "SOUTH i !. this matter is up in the air due to the railroad I CARLSBAD ANNEXATION NO. 1.8", subject to remova [25] (b) Agenda Bill #215. To consider a request t annex certain property to the City of Carlsbad The City Clerk presented the petition approved by LAFCO and the notice of publication.. I Mr. McReynolds addressed the Council and stated it was their intent to proceed with the Mobile Home Park and plans are. being prepared. Also, they have entered into a lease with the. adjoini property owner for access to their property. Ordinance No. 1128. AN ORDINANCE OF THE CITY 0 CARLSBAD APPROVING ANNEXATION TO THE CITY OF CARLSBAD ANNEXATION NO. 1.9", subject to remova by title only and further reading waived. [57] (c) Agenda Bill #263.. To consider the adoptio of an Interim Zoning Ordinance prohibiting the development of Mobile Home Parks within the Cit of Carlsbad for 'a period of one year. The City Clerk presented the Affidavit of Publi cation and announced that no written correspon- dence had been received. Mr. Robert Means, 418 Hoover Street, addressed the Council opposing the proposed interim ordi- nance on the basis that if the ordinance was adopted, the restrictions imposed would keep outside industry from coming to Carlsbad due to the limitation of labor and population. Mr. Means further pointed out the City has faciliti to serve a city of twice the present population It was his feeling the proposed moratorium of one year would hamper the influx of population and business development. ~ CARLSBAD OF CERTAIN PROPERTY DESIGNATED "SOUTH 0 0 CITY OF CARLSBAD COUNClLMEl -3- 0 October 6, 1970 169 s_l Mr. Harry Truax, 4125 Harbor Drive, addressed the Council opposing the proposed mobile home park moratorium on the basis that there is a need for family mobile home parks and each appli, cation for development of a park should be treat ed on its own. merits and the facilities availabll Mr. Robert Sonneborn, 3985 Stella Maris Lane, addressed the Council in favor of the moratorium stating that many of the previously approved parks had not been developed and suggested that Conditional Use Permits issued having no develop ment within a set period of time might be revok- ed. Mr. Sonneborn further stated that the parks have not been developed due to the difficulty in obtaining financing as the trailers depreciate in value after five years. There being no further oral communications, the public hearing was closed at 8:18 P.M. and dis- cussion was held by the Council. I't was noted that the proposed interim ordinance was recommended to allow time for completion of a study being made by the C.P.O. which would provide information as to the impact mobile home parks have on cities in the County and would assist in developing guide lines for the city in granting Conditional Use Permits for parks. After the discussion, the following ordinance wa introduced: Ordinance No. 9256. AN ORDINANCE OF THE CITY OF CARLSBAD PLACING A ONE (1) YEAR MORATORIUM PERIOD ON MOBILE HOMES PARK DEVELOPMENT BY AMENDING SECTION 1400, ORDINANCE NO. 9060, AND DELETING MOBILE HOMES PARKS FROM USES PERMITTED BY CONDITIONAL USE PERMIT, was given a first reading and amended to delete paragraph #3 in its entirety. l8 - DEPARTMENTAL REPORTS : A. Engineering. E261 1. Agenda Bill #260. Proposed Sanitary Sewer District on Highland Drive from .Elm Ave. to Tamarack Ave. Petitions containing the signatures of 65.7% of the property owners requesting the construction of sanitary sewer on Highland Drive between Elm and Tamarack Aven.ues was presented and the City Engineer noted that Cauncil' policy in the past was to require a minimum of- 60.0% concurrence bj affected property owners. 0 . Mayor Dunne announced that since he was one of '.' th,e affected property owhers involved, he would abstain from Council discussion- and decision in the matter, and the following Resolutions were - presented:. .. - - - E. - S I - Mot Ay e ion X S xxx 0' 0 CITY OF CAWLSBAD COUNCiLM -4- 0 October 6, 1970 Resolution #1788. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING PETITION was adopted by title only and further ' readi ng waived ; and Resolution #1789. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REQUESTING OPINION OF HEALTH OFFICER REGARDING NECESSITY OF INSTALLATION OF SANITARY SEWERS was adopted by title only and further reading waived; and Resolution #1790. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPOINTING. PERSON TO PREPARE ALL PROCEEDINGS was adopted by title only and further reading waived; and Resolution #1791. A RESOLUT.ION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, Resolution #1792. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DIRECTING PRE- .by title only and further reading waived. B. Finance. 1291. 1. Agenda Bill #261. Request for transfer of funds from Gas Tax unappropriated funds. The City Engineer noted that during the constru tion of pedestrian signals, it became appa-rent that two pedestrian push-buttons should be re- located to provide adequate accessibility. A transfer of $440.56 from Unappropriated gas tax funds to 2-2107,-5 would cover the payment of the installation at Chestnut Ave. and El Camino Real By proper motion, the request to transfer $440.56 from Unappropriated Gas Tax funds to account 2-2107-5 was granted v41 2. Agenda Bill #271. Reclassification and range adjustment Planning Director. The City Manager's statement of the matter was is necessary in order to provide for the increa ed administrative duties . 'The increase would be compensated by the Housing Authority budget and begin .on October 6 , 1970. It was noted by the City Planner that it i.s ex- pected that ,HUD funds of $50,000 initial outlay and travel expenses would be available Oct. 15, 0 After discussion by the Council, it was agreed a 0. CITY OF CARLSBAD COUNClLM -5- 0 no171 availability of HUD funds, the reclassification and range adjustment for the Planning Director be approved subject to receipt of HUD funds and the foll owing .Resolution and Ordinance was pre- Resolution No. 1793. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AMENDING CITY COUNCIL RESOLUTION NO. 1774 ADOPTING SALARY PLAN AND .WORK CONDITIONS FOR THE CITY OF CARLSBAD FOR to receipt of HUD funds and be made retroactive to Oct,ober 6, 1970. Ordinance No. 1129. AN- ORDINANCE OF THE CITY OF CARLSBAD, AMENDING CIT,Y COUNCIL ORDINANCE NO. 1126-A, WHICH ORDINANCE ADOPTED FINAL BUDGET FOR FISCAL YEAR 1970-1.971 was given a first reading, subject to receipt of HUD funds and be made retroactive to October 6, 1970. C. Public Works. ~ THE FISCAL YEAR 1970-1971 was adopted; subject 1. Agenda Bill #168. 1969 Weed Abatement Program - Amending Resolution #1765, deleting the 'charge of 1 ien to Mary Bel le Alexander. The City Attorney reported payment has recently been received from Mary Belle Alexander for 1969 weed clearance and the following resolution was Resolution No. 1794. A RESOLUTION OF THE CITY D. Water Department. 1. Agenda Bill #264. Sale of Water Bonds. [a) Ratifying action of City Manager: in entering into Agreement with Moody's Municipal The City Attorney reported it was necessary for the bonds to be rated prior to receiving bid. The cost will be approximately $1 ,000 based on the amount of bond issue. Therefore, the City Manager entered into a contract with Moody's . -Investors Service, Inc. and it is necessary at this time for the Council to ratify this action. execution of the contract by the City Manager. (b) Report from Clerk on bids received far 1970 Waterworks Revenue Bonds, Series A. The City Clerk announced that pursuant to the published Notice Inviting Bids for the sale of $1,225,000,. 1970, Series A bonds of the City of Carlsbad Water Works Revenue, four bids were received and opened- October 6, 1970, 11:OO A.M. in the Cou.nci 1 Chambers, 1200 Elm Avenue, Carl s- bad, California. Bids received were as follows: *. X xxx 0 0 CITY UF CARLS -6- * - 0 I I 1. WEEDEN AND CO., bid par, discount to date of 5 delivery $19,944 for bonds bearing interest payable annually. at the rates of: Rate 7% 1972-1980 1980-1 981 8 6.30% 1981 -1 982 6.40% 1982-1 983 6.50% 1983-1 984 6.60% 1984-1 985 6.75% 1985-1 986 6.90% 1986-1 987 6 .25'% 1989-1 99.1 Net effective interest rate - 6.7733 1987-1989 2. GOLDMAN, SACHS & CO., bid par, discount to date 1 of delivery $23,462.00 for bonds bearing interest payable annually at the rates of: Rate Years 7.0 % 1972-9 976 6.0 % 1976-1 981 6.25% 1981 -1 983 6.30% * 1983-1 984 6.60% 1985-1 986 6.75% 1986-1 987 6.90% 1987-1 989 6.25% 1989-1991 1984-1 985 3. Merrill Lynch, Pierce, Fenner & Smith, Inc., bid par, discount to date of delivery $24,377.00 for bonds bearing interest payable annually at the rates of: Rate Years 7.0 % 1972-1 987 6.75% 1987-1988 6.0 % 1988-1 991 Net effective interest rate - 6.772565 4. BLYTH & CO., INC., bid par, discount to date of delivery $15,116.50 for bonds bearing interest payable annually at the rates of: Rate Years 7.0 % 1972-1 980 6.0 % 1980-1 981 6.15% 1981-1982 6.30% 1982-1 983 6.40% 1983-1984. 6.50% 1984-1 985 6.60% 1985-1 986 6.70% 1986-1 987 I 6.80% 1987-1 988 6.90% 1988-1 989 6.00% 1989-1 991 Net effective interest rate - 6.5905 Each bid was accompanied by a good faith check in an amount of not less than $22,500.00. COUNCILMI ,, T , a. e CITY OF CAWLSBAD COUNCILM -7- October 6, 1970 All bids were then referred to a committee consisting of City Attorney Stuart Wilson, Director of Finance Thelma Sowell, City Clerk Margaret E. Adams, and Mr. Wells, representing the firm of Bartle & Wells, finan- cial consultants for checking and computation, and a report thereon submitted to the Council at the regular Council meeting of October 6, 1970. A certificate from the firm of Carroll and Brantley, auditors for the City of Carlsbad, was presented, show- ing compliance with Covenant 11 of Resolution 397 and 711 of the 1958 and 1960 Waterworks Bonds, so that the new bonds can be issued on a parity with the old bonds. Upon proper motion, the Council accepted the certificat received from the firm of Carroll and Brantley on October 6, 1970. an opinion from the law firm of O'Melveny & Myers. The second.10~ bid submitted by Goldman and Sachs & Co. is an unqualified bid and they are willing to accept the opinion of Rutan & Tucker. the discount. idder. It was the concensus of the Council that if an pimion was not forthcoming from O'Melvney & Myers ,. it ould delay construction of the waterworks, due to the ossibility of having to rebid the bonds. Also, the econd low bid meets the specifications. Therefore, he acceptance of the bid from Goldman & Sachs would be o the City's benefit. ft,er considering the various bids and the report there n, the following resolution was presented for the ~ ~ ~~~~ DER AND REJECTING ALL OTHER BIDS was adopted. The Council Meeting recessed at 9:20 P.M. and recon- vened at 9:28 P.M. with all Councilmen present. ORDINANCES FOR INTRODUCTION. Police Chief Ralph Laughlin reported to the Council on motorcy'cle violation enforcement, recommending a City ordinance be adopted to establish ground- rules and enforcement measures. 0 0. CITY OF CARLSBAD -8- . .. @ October 6, 1970 174 :' v Chief Laughlin further outli.ned the need for good publicity releases to appeal for public cooperation, a public relations and educational program, and finally uniformity in enforcement practices. Discussion was held by the Council pertaining to posting of signs and method and means to enforce the proposed ordinance regulating motor vehicles on pri vate property. .. Councilman Lewis stated that unless Pol ice Officers patrclled on motorcycles, he felt the proposed ordinance could not be enforced. After further discussion, the following o.rdinanc 8 was introduced: P I Ordinance No. 3082. AN ORDINANCE OF THE CITY OF CARLSBAD REGULATING MOTOR VEHICLES ON PRIVATE I PROPERTY was given a first reading by title only and further reading waived. [30] (b) Agenda Bill #265. Requiring pub1 i.c improve- ments concurrently with building permit. Mayor Dunne stated the proposed ordinance could be controversial and appointed Cmn. Lewis and Castro to study the matter with the City Manager and City Engineer. By the consent of the Council ,'hetion on Agenda Bill #265 was deferred to the first meeting in November pending report from the committee. 10" CONSENT CALENDAR The following items were approved by one motion affirming the actions on the Consent Calendar. I A. Written Correspondence. I w1 1. Agenda Bill #266. Letter from Mrs. W.D. Gilbert, re: Hosp Grove fire presented and referred to Fire Chief Anear for acknowledgement, E81 1 2. Letter dated 10/5/70 from Bernard and. Associates re: property NWC Elm Ave and Pi0 Pic0 1-5 and proposal by Humble Oil Co. was read and ordered filed. B. Resolutions for Adoption E621 1. Agenda Bill #267. Resolution #1795, . -endorsing Proposition I in November 3rd Election 0, Resolution #1795. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ENDORSING PROPOSITION I IN THE NOVEMBER #RD ELECTION was adopted by title. o.nly and further reading waived. j c251 2. Agenda Bill #268. Resolution #1796, urging local Agency Formation Commission to adopt policy re: annexation was removed from the Consent Calendar and deferred to the first meeting in November. COUNClLMf -a -0 . CITY OF CARLSBAD COUNClLMEi -9- .@ Oct C. Claim for Damages. E411 ' 1. Agenda Bill #269. Claim for damage sub- mitted by V. s. Reid was rejected and referred to insurance carrier. . 11- CURRENT BUSINESS [8Q] (a) Agen-da Bill #270. Request forpermission to place newspaper vending machines on. sidewalk in front of Post Office. The City Attorney reported the request was sub- mitted by the Christian Science'Monitor and at present four non-permanent newspaper vending machines have been allowed to be placed in this location. Upon proper motion, permission was granted, sub- ject to revocation at any time, for thevending machine to be placed on the public sidewalk at 570 Grand Avenue as recommended by the City Mo ti on X Attorney. Ayes xxx * 12- ADDITIONAL BUSINESS [42] (a) Mayor Dunne commended Fire Chief Anear and men in the department for their outstanding . action and efforts during the recent fire tragedies. Mayor Dunne announced the next Mayors and Councilmen's meeting will be held at Warner Springs October 15 and 16 and discussion would be held pertaining to a mutual aid agreement in the County. C4.21 -(b). The Mayor announced that a statement and recommended procedure .for a Citizens Award had been turned over to the City Manager to develop a policy statement and recommended a committee be set up to select nominees for outstanding assistance and development of the-isi-ty. 13- RATIFICATION FOR PAYMENT OF BILLS AND PAYROLL.. Ratification was given for payment of 'bi.11~ for the, General Fund in the amount of $141 ,629.82 and the Water Department of $55,012.72, total 1 ins $196,642.54 as certified by the Director of Finance and approved by the Au.diting Committee for the period September 15, to October 1 , 1970. Motion xxx Ayes Ratification was given of the payroll for the period September 1 through 15, 1970, in the . amount of $44,687.88 and the period September 15 through 30, 1970, in the amount of $48,091.40 as certified by the Director of Finance and approv- Motion X ed by the Auditing Committee. Ayes xxx 0 L 0 0 .. CITY OF CARLSBAD COUNCILME ADJOURNMENT Respectfully submitted,