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HomeMy WebLinkAbout1968-07-02; City Council; Minutes*4 CITY OFF CJ4W9AD cc 1 Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 2, 1968 Place of Meetin : Council Chambers ]la a Time of Meeting: 7:OO P.M. '0 I ~ ~~~ ~ ROLL CALL : INVOCATION was offered by Mayor Dunne. ALLEGIANCE to the Flag was given. APPROVAL OF MINUTES: ~ ~~~- ~~. . (a) Minutes of the regular meeting held on June 18, 1968, were approved as presented. CORRESPONDENCE: No written correspondence was presented. ORAL COMMUNICATIONS: E301 - REX W. HORNIBROOK, Assistant Vice President and National Leasing Director for Fotomat Corporation, addressed the Council, stating hjs company was issued a Building Permit to build a building in the Poinset- tia Shopping area, and they are ready to open for business this coming Friday; however, the Company was informed they cannot comply with the Sign Ordinance until after the matter is heard by the Planning Com- the Kodak Film sign on the roof of the building. mission on July 23, 1968. They would like to place The City Manager pointed out a moratorium was placed on all signs except by way of a Conditional Use Per- mi t. Mr. Hornibrook was asked if the Company had applied for a Conditional Use Permit and he stated the com- pany's architect informed him they had. The Planning Director informed the Council to his knowledge they had not applied, and the one item he was concerned with was the placement of the sign on the roof. Mr. Hornibrook stated the Company is asking for an identification sign placed on the eaves of the build- until the matter can be heard. Following discussion, it was the Council's decision that the request be denied.and the matter heard by the Planning Commission in accordance with the pro- cedure required by ordinance. ing, and they are willing to post a bond if necessary PUBLIC HEARING: . .. .." "_ . . "." - ....- Present Absent Motion Ayes [l.l?]- (a) (C,ontinued) Appeal of the decision of th Planning Commission in denying a request for change of zone fsom Zone R-1 to Zone R-3, on property locat- ed North.'of Laguna Dr. to Knowles Ave. from Inter- state 5 Freeway West to Davis St. Appellant: Forest J. Brady, et al. I, Mayor Dunne announced this matter was continued from 1 i e ap . Li 1 Y LA- W"U -2- Lb 7 121 the meeting of June 18, 1968, and declared the public 1 heari ng open. The Clerk presented a letter dated June 26, 1968, addressed to the City Council from Chester R. and Margaret C. Baldwin, 1101 Knowles Ave., stating they had no objection to the zone change, with the condi- tion that a precise plan of development be presented and approved prior to the zone change being granted. A letter was also presented dated June ,29, 1968, sign- ed by six property owners, stating they, as applicants in appeal of the Forest J. Brady, et a1 matter, do not and will not object to the zone change with the con- di.tion that a precise plan of development acceptable to the City be presented and approved prior to the development of the property in question. I I Cmn. Castro was present at 7:40 P.M. The Mayor asked if there were any persons desiring to speak. ROBERT A. BAYLORD, 1101 Home Ave., stated perhaps the citizens in the area would have been more favorable to the proposed zone change had there been a specific plan presented. They do not be.lieve in issuing a blank check for speculation. The proposed zoning will cause high taxes, high density, the schools will have to be reevaluated, and wi 11 create 1 ow class housing. ROYCE BOND, 240 Chinquapin, addressed the Council and stated he was an interested party in the proposed zoning, and anyone who deals in land is speculating. Mr. Brady has been attempting to sell this property for some- time and has had two-offers - one is for single family "ding bats", and the other would be for mu1 tiple dwell ings. Taxes on R-3 property are higher, however, they do not affect the property that is not zoned R-3. Schoo.ls will have to be constructec regard1 ess. of the zoning. i JOSEPH MISKOV, stated he lives on Home Ave., and asked if a precise plan had been received for the property since the last meeting, and he was informed no precise plan had been received. LESTER METCALF, 994 Home Ave., stated he was in a quandry, and would like to know what the property owners intend to do with the property if it is rezoned. As there were no other persons desiring to speak, the Mayor declared the hearing closed. Discussion ensued and it was noted that all the pro- perty owners seemed to be concerned as to whether or not there was a plan for the development. Mayor Dunne stated it was his understanding Mr. Brady did not wish to present a precise plan. 0 7 I CITY OF c24 a4D -3- Cmn. Jardine offered a motion that the appeal be denied and that the Council sustain the findings of the Planning Commission. The motion was seconded by Cmn.' Neiswender. Cmn. McComas asked if the Planning Commission could. recommend the approval of the R-3 Zoning, subject to the applicant presenting a precise plan prior to the development of the property? After further discussion, Cmn. Jardine withdrew his back to the Planning Commission for a report as to whether the Commission wishes to have the zone change granted, subject to the approval of a precise plan for any building upon the property. former motion and moved .that the matter be referred ENGINEERING: I [99] - (a) Kamar Construction Co. - re: Request for extension of time for development of Park-school site. Letter dated June 25, 1968 from Kamar Construction Co.? Inc., 325 Elm Ave. was presented, requesting relief from the requirement of the resolution approving the tentative map that the Park-school site be developed in conjunction with Laguna Riviera Unit #1 or 2, as the Carlsbad Union School Distr.ict is not in a posi- tion at this time to enter into an agreement to pur- chase and/or develop this site. The school district until the middle of August. After due consideration Kamar Construct,Co., Inc. was granted relief on the development of the Park-school site in the development of Unit #2. [99] - (b) Final map of Laguna Riviera Subdivision Unit #2. The City Engineer presented the final map bf Laguna Riviera Subdivision Unit #2, pointing out there would have to be some revisions in the map due to the deletion of the Park-school site at this time. This will mean that Kelly Dr., Park Dr. and a storm drain will not be improved with Unit #2. Approval was given the final map of Laguna Riviera Unit #2 subdivision, with the deletion of the devel- opment of the Park-school site. LIBRARY BOARD OF TRUSTEES: [28] - (a) Memorandum from Library Board of Trustees. Memorandum from the Library Board of Trustees was presented, stating the terms of Mrs. Patricia Baldwin and Mr. Robert Stauber had expired and recommended that Mr. William H. Hill and Mrs. Tony Howard-Jones be considered for appointment to the Board. [28] - (b) Two appointments to Library Board of Trustees. With the consent of the Council Mayor Dunne appointed Mrs. Tony Howard-Jones and Mr. Williarr H. Hill to the Library Board of Trustees for a three will not receive approval from the State of California i year term. : ~ ~ I \ a \ 122 Motion Ayes Abstain, I Motion Ayes Motion Ayes 0 v I ut Y a=- LA D -4- .. PARKS AND RECREATION: [70] - (a) Memorandum - re: Agreement between City of Carlsbad and Carlsbad Union School District, con- cerning the summer recreation program. Memorandum dated June 26. 1968 from the Parks and Recreation Com- mi Pr Di ssion was read, stating the Commission reviewed the ,oposed agreement between the City and the School I strict, and the Commission was not in favor of Sec- tion 4, providing that the City bear the expense of of water for maintenance purposes. Under Section 4 the cost to the City would be $711.97 or 28.5% of the summer recreation budget. A meeting was held with the school superintendent and he agreed to contact the Bo.ard members regarding this 'matter and inform the City Manager of their decision. The City Manager informed the Council Section 4 has been amended to read that the City would pay for 5% of the water usage, which would mean approximately $35.00 for the summer recreation program. Discussion followed and approval was given to the ex- penditure of $35.00 (approximately) for water usage in connection with the summer recreation program. The Mayor requested that a copy;of the contract be sent to each Council member prior to the next.meeting. [Sl] - (b) Memorandum - re: General policy acquiring land adjacent to school sites, Memorandum dated June 27, 1968, from the Parks and Recreation Commis- sion was presented, recommending that the general policy of acquiring land adjacent to new school sites be approved by the City Council , as i.t is beneficial to the citizens both economically and esthetically. General discussion ensued and it was felt that park- sites adjacent to schools should each be considered on their own merit, and that parks adjacent to schools should not-be the only parks considered. Salvatore Martorelli, Parks and Recreation Commission er, addressed the Counci 1, stating the Parks and Recreation Commission desires the City Council to adopt a policy on park s.ites adjacent to schools. Th Commission is working on a park plan, and this park- school site policy is only a small portion of the park plan for Carlsbad - e Cmn. Jardine moved that the Council accept the policy outlined by the Parks and Recreation Commission, with the condition that each park site adjacent to schools be considered on its own merit. Seconded by Cmn. McComas. Cmn. Neiswender reque'sted the memorandum be rewritten and reevaluated by the Commission prior to any action being taken by the City Council. The motion was withdrawn and the Mayor requested the the memorandum returned to the Parks and Recreation Commission for reevaluation. 0 7 123 -?Zm Motion Ayes e @w LI I 'p Ui w\ D ( -5- \ 12 PLANNING: [57], - (a) Memorandum - re: P1 anned Industrial Zone. A memorandum dated June 26, 1968 from the Planning Commission was presented, stating the Planning Commis sion, after extensive review, unanimously agreed that the Planned Industrial Zone be recommended for 'adop- tion. Mr, Olinghouse, Planning Director, stated the ordi- nance is a tool to implement the General Plan, and will add to the aestheti.cs of the City. Every lot in the P-M Zone shall be a minimum lot area of one acre, unless a specified plan providing a smaller lot size has been adopted. The Planni'ng Commission requ'ested the City .Council to set a date for hearing on the matter. The City Attorney informed the Council they could adopt the ordinance without holding a hearing. Discussion ensued and it was agreed that subsection 'IF" of Section 1 be deleted, and that the provisions of the Waste Disposal ordinance, pertaining to indus- trial matters be added and made a part of the ordi- nance. Ordinance No. 9216. AN ORDINANCE OF THE CI.TY OF CARLSBAD CREATING A PLANNED INDUSTRIAL ZONE, was I given a first reading by title only and further read- ing waived, subject to the aforementioned amendments. [761 - (b) Appointment to Planning Commission. With the'unanimous consent of the Council Mayor Dunne appointed General E. W. Snedeker to the Planning Com- mission .to fill the unexpired- term of Glenn McComas. I li.iEW BUSINESS: I [86] - (a). Carlsbad 0ce.anside Art League - re: Request for use of Holiday Park. Permi ssi on was granted to the Carlsbad Oceanside Art League for use of Holiday Park to hold their annual picnic, as re- Motion quested by letter dated June 26, 1968. I Ayes [97] - (b) Proposed Ordinance No. 7036 - re: Work in Public Rights of Way. A proposed ordinance re- quiring a written permit from the City Engineer for any improvement upon public rights of-way, and causin public utility, was presented for a first readfng. 1 all work to be performed by a licensed contractor or Ordinance No. 7036. AN ORDINANCE OF THE CITY OF CARLSBAD REGARDING WORK IN PUBLIC RIGHTS OF WAY. was I given a first reading by title only and further read- Ayes ing waived. Motion [86] - (c) Fox's Snug Harbor - re: Request for over- night privileges. Permission was granted to Fox's Snug Harbor to extend overnight privileges to a limited number of guests(20) through the Fourth of July weekend, as requested by letter from Mr. and Mrs. Motion John Fox dated June 28, 1968. Ayes 0 LI I Y LA- WHmU LJ -6- 7 121 Crnn. Neiswender stated it was his understanding these requests were to be made in advance, in order that they can be placed on the Agenda. Also there has bee a continued parking violation at the Carlsbad Landing facility. He has discussed this matter with the op- erators and it is still continuing. It was agreed that a letter be sent to the operators, requesting they correct the violation. OLD BUSINESS: [113] - (a) Second reading of Ordinance No. 9215, changing certain designated property from Zone R-3 to Zone R-1-7.500LJav Lear Properties.) The follow- v - _. . l ing ordinance was pres'ented for a second reading: I Ordinance No. 9215. AN 0RDIN.ANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 CHANGING CERTAIN I DESIGNATED PROPERTY FROM ZONE R-3 TO ZONE R-1-7500, Motion was given a second reading by title only and adopted. Ayes [lo31 - (b) First reading of Ordinance. No. 1106, establishing Traffic Safety Commission. The City Attorney presented the following emergency ordinance: Ordinance No. 1106. AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISHING THE TRAFFIC SAFETY COM,MISSION, Motion was read in full and adopted. Ayes [lo31 - (c) Appointments to Traffic Safety Commissio With the consent of the Council Mayor Dunne aDDointed William C. Harkins to a two year term, Don Johnson and Royce Bond to a one year term on the Traffic Safety Commission, as well as the City Manager, City Engineer and the Chief of Police. The Mayor stated there would be one more appointment made at a later date. COMMITTEE REPORTS: I [28] - (a) Fire Protection Committee. It was agreed that a Fire Protection Committee be aDDointed to stud 1 the City's fire protection for the pukpose of reduc- " ing the City's fire rate from Class VI to Class V, Motion as recommended by Crnn. McComas. Ayes The following persons were appointed to serve on the committee: Henry S. Molitar Douglas N. Thomas Gerald C. McCl el 1 an Donald K. Dewhurst George W. Kil len Clarence J. French, Lr. W. Allen Kelly William H. Kennedy Ex-officio members: City Engineer Wayne P. Lill City Fire Chief Robert Hardin Councilman G1 enn McComas [28] - (b) Use of Agua Hedionda Lagoon. Cmn. Neiswender reported on the public meeting held on June.21 , 1968, regarding the use of the Agua Hedionda Lagoon, stating that phases of the discussion would require a comprehensive study of the problems involve( I 0 m i LI I Y VT “AD -7- .. before a final solution could be reached. He sug- gested that the Traffic Safety Commission study the lagoon area. It was the feeling of the Council the Traffic Safety Commission was not set up for this purpose. Cmn. Neiswender then requested that he be permitte’d .to have use of the staff members who had had exper- ience with the water patrol ‘in the past. Chamber of Commerce Budget. Cmn. Neiswender stated he and Cmn. Castro had not as yet met with represent- budget. atives from the Chamber of Commerce to discuss their Central Business District Act-ion Commission. Cmn. Jardine reported on the first meeting of the Central Business District Action Commission held on June 26, 1968, stating the members present felt they were well under way and are in h.opes of obta,ining results. The next meeting will be held either on -July 11 th or 12th, depending upon the availability of the guest speaker, Mr. Richard Graves. There was a three-man committee appointed to work with officials from the Post Office to find a more suitable site for the Post Office facilities. Mr. R.‘R. Robinson .has agree to be the Chairman of the Commission. Appointment of Dedication Committee. Mayor Dunne stated he would 1ike.to appoint a committee for the I dedication of the City Administration Building and Police facilities. The committee should set up a date, Agenda, Program, and prepare a.list of invitees The following persons were named to the committee: I City Manager Cmn. Jardine A. H. Peterson E. H. Jose C. R. Helton Mrs. Mary Scherr Robert Little Nrs; :.Dprothy Sheffler Stan Manning Mayor Dunne offered the services of Mrs. Dunne, and suggested that an early meeting be held as a list of invitees should be prepared as .soon as possible. CITY ATTORNEY‘S REPORT: I [112] - (a) 1968 Weed Abatement Program. The City ing as public nuisances the remaining properties upon which weeds had not been cut to date: Attorney presented the following resolution, declar- Resolution No. 1532. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING AS PUBLIC NUISANCES WEEDS GROWING UPON PRIVATE PROPERTY AND RUBBISH, REFUSE, AND DIRT ON PRIVATE PROPERTY IN THE CITY OF CARLSBAD, was adopted by title only and further reading waived. [112] - (b) Resolution No. 1533, amending Resolution No. 1439 - re: Cost of Weed Abatement. The City Attorney introduced the following resolution, amend- ing Resolution No. 1439 regarding assessments for ~ L * 1 p CI! b;.rs z%waBea~~ Motion Ayes I -6- 0 c CITY w LiQ+Ls&qL) cx 4 -8- 1 127 cost of weed abatement: Resolution No. 1533. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING CITY COUNCIL ing. Ordinance No. 1107. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING AND ADDING TO ORDINANCE NO. 1005 Executive session. The City Attorney requested an Executive Session. The Council adjourned to the Mayor's Office at 9:40 P.M. The regular meeting reconvened at 9:45 P.M. CITY MANAGER'S REPORT: 1 [28] - (a) Water Improvement Committee, The City week by the Water Improvement Committee. [68 '1 -League of California Cities Convention. The City Manager requested the Council members to make their reservations with the City Clerk as soon as possible in order to obtain suitable accommodations. Manager announced there would be a meeting held next [97l - (c) Improvement of Jefferson Street across Buena Vista Lagoon. The. City Engineer informed the Council the State Division,of Highways is proposing to construct an interchange at Highway 78 and Jeff- erson Street, and in so doing, will raise the grade of Jefferson Street near the pumping station and will further complicate the drainage and sewerage condi- tions in the area. It is the department's recommend- ation that a cooperative agreement be entered i'nto with the State to regrade and improve the remainder of Jefferson St, in the lagoon area, concurrent wi'th inclusion of this work in the interchange project wil delay the interchange construction and would delay th extension of Elm Ave. by at least one year. Funds for the City's share of the cost of a cooperative agreement could be obtained from Gas Tax funds during the next two years. .It was estimated that the cost of the work would be $150,000. D.iscussion ensued and it was the concensus of the Council that due to the May Co. shopping complex, the improvement of Jefferson St. was of prime import- ance. the interchange construction. It was pointed out the By motion of the Council the City Manager was author- ized to enter into a cooperative agreement with the t , 1 ~ I - I. e 0 BB I L1 I Y UT- a Q -9- State as to the improvement of Jefferson Street. [log] - (d) Waiver of front line costs. The City Manager informed the Council at the last meeting of the Council permission was granted to the State High- way to install a 3" meter. The State also asked for a waiver of front line costs. As pointed out pre-' viously they had to replace the line when they built Palomar Airport Rd. He and the City Engineer met witb State representatives, and they more or less indicatec if they would be requ-i red to pay the front 1 i ne costs the landscaping would be delayed. By motion of the Council it was agreed that the. front line costs be waived for the State Division of High- ways. L843 - (e) Purchase of File Cabinets. A price list was submitted in regard to File Cabinets, and it was agreed that two 2-dr. File Cabinets be purchased for Councilmen Neiswender and Jardine, and that they be placed in the Parks and Recreation room adjoining the Counci 1 Chambers. [62] - Amendment to the Brown Act. Discussion was given as to the proposed amendment to the Brown Act. The Mayor pointed out this amendment would include all commissions, committees, etc., and could prohibit persons serving on commissions and committees. Mayor suggested that a telegram be sent to Senator Burgener, and he would telephone him personally. AUTHORIZATION FOR PAYMENT OF BILLS AND RATLFICATION OF PAYROLL: . . . . . . . . . . . . . . . . . . . . . Authorization was given for the payment of bills for the general expenses of the City in the amount of $313,195.67 and for the Water Department in the amount of $188,010.08, for the period June 18, 1968 to July 2 1968, as certified by the Acting Director of Finance and approved by the Auditing Committee. I ., Ratification of the payroll was given for the second half of June, 1968, in the amount of $31 , 146.07, as certified by the Acting Director of Finance and approved by the Auditing Committee. Respectfully submitted, (flTd F@L MAWGA, ET E. ADAMS City tl erk I (2 7 128 Motion Ayes Motion Ayes 9 Motion Ayes Motion Ayes