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HomeMy WebLinkAbout1969-05-06; City Council; Minutes' CITY OF CARtssAD - ' co1 0 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting:. . May 6, 1969 \ Time of Meeting: 7:OO P. M. Place of Meeting: Council Chambers 65 . .. I I i I ROLL CAtL: Councilman Castro was present at 7:02 P.M. -\ *,. ., IS 9 Present Absent INVOCATION was offered by Mayor Dunne. ALLEGIANCE to the Flag was given. APPROVAL OF MINUTES: (a) Mi nukes of the regular meeting held Apri 1 15, Motion 1969 were approved as corrected. Ayes CORRESPONDENCE: [ 99 ] letter dated May 2, 1969 from Roy L. Klema, Engineers, Inc., was presented on behalf of the mission to discuss certain requirements imposed by Resolution No. 1603, requiring complete public improv ments half width on the contiguous portion of Elm Ave with grading to centerline and paving to within 14 ft of center1 i ne. developer of Knob Hill Subdivision, requesting per- Mr. Mullen, representing Roy L. Klema Engineers, Inc. addressed the Council, stating the developer has approximately 10,000 cub.ic yards of excess dirt. They requested permission to place the dirt on Elm Avenue for the purpose of fill, in lieu of grading and.improving Elm Avenue from Donna Drive East. Mr. Lill, City Engineer, informed the Council when he was contacted last week their proposal included waiver of all impr.ovements on Elm Avenue.. However, he would recommend the acceptance of this proposal as they would still be required to improve Elm Avenue from Donna Drive West. It was estimated that it will cost the subdivider approximately .50 per cubic yard to place the fill dirt, or approximately$5,0.00.00, and they will have to provide proper drainage. - *¶ Y Mr. Harry Truax addressed the Council, stating he was speaking on behalf of the property owners to the Nort and felt the City needed the dirt. However, he asked it be made a part af the record that when they im- prove their property they will not be obliged to improve the 200' the Council is waving the improve- ments on. 1 Discussion ensued and by proper motion it was agreed that. the City accept the proposal submitted by Roy L. Klema, Engineers, Inc. Mo ti on Ayes 0 [ 64 ] A lette'r was received from Myrtle Broam from the First Church of Christ, Scientist dated April 28, 1969, expressing their appreciation for the considera- tion the various departments of the City gave toward the installation of the light on Eureka Street. .... 0 - 0 _,_. ma CITY OF CAJXSWD . - 2" 0 1 e-.: I L97 1 A letter was read from James 8, Utt, dated April 29, 1969 stating that he was happy to hear that the State Highway Department had approved the under- pass project. He notified Mr. Hartnett of the Bureau of Roads to check this matter out and give him a report.. Mr. Utt indicated he would do what he could to.obtain funding and to keep the City informed of the developments. Cmn. McComas asked if the City had anything in the files showing the Chestnut Underpass was approved. Mayor Dunne stated a phone call was received from .Congressman Utt, and there seems to be some question as to who has the authority to approve this r-equest. A meeting is schedul.ed in Chlicago this week and as soon as this question ha's been settled, Congressman Utt will notify the City immediately. COMMITTEE REPORTS: Councilman McComas reported: [28 ] Water Systems Improvement Committee. Cmn. McComas read a letter from the Committee dated April 22, 1969 signed by Mr. O'Toole in which certain recommendations were made. Cmn. McComas requested the Council take action on the first recommendation, and by motion of the Council i.t was agreed to employ an appraiser to appraise the surplus property. held by the Water Department, including a complete des- cription of each parcel for submission to the Codncil with the exception of Lake Calaveras, as it was felt it would lend itself to a different type of develop- men t. a Motion Ayes Cmn. McComas had no recommendations as to water rates as they still have a few items to be clarified. Councilman Neiswender reported: 122 ] Airport Study. The Arthur Little Company has almost completed the study of the Gillespi Field.. Palomar Airport will be the next project under study. [32 ] Buena Vista Lagoon Wildlife Sanctuary, Buena Vista Lagoon is almost a reality. The Bill has passed the Assembly, the lake has been appraised!, the appraisal was accepted, and the escrow is underwlay. 'Crnn. Neiswendqr also stated that substantial donjation will be forthcoming from citizens to assist i.n re- ducing the overall cost of State expenses. I [30 ] Trailer & Trailer Park Inspection. The tr.ailer and trailer park inspection will be transferred 'from the State to the City due to.the fact that when the State Inspector goes out to make these inspections, Mr. Qsburn must go along with him, This will result in substantial revenue to the City. ,. - - , e .I, CITY OF G4-D c # - -3- 1 6' [78] Unlicensed Motor Vehicles. Cmn. Neiswender stated-that it is his understanding that there are some dealers in Oceanside selling unlicensed motor cycles to people and he would like to have the City Attorney and Chief of Police look into the matter. Mr. Martin stated that he would take this up with the Chief of Police. [76 ] Planning Commission. Cmn. Neiswender commended the Planning Commission members for the fine work they are doing. [93] Sewer Budget. Cmn. Neiswender requested the City Engineer to present the budget already approved in principal by members of Joint Advisory Committee. Mr. Lill read the preliminary- budget which totaled $133,500.00 of which the City-of Carlsbad's share is $38,400.00 -and recommended its approval: By motion of the Council it was agreed to adopt the joint sewer budget for the fiscal year-1969-70 totaling $38,400.00 for Carlsbad's share. Councilman Jardine reported: [ 69 ] Park & Recreation Commission. Cmn. Jardine indicated that the basic activity at the present time has been the preparation of the annual budget He also stated that the Park & Recreation Commission was unique in that it is the only commission that in effect becomes somewhat involved with the City funds and that because of the size of the City and economy, many civic minded citizens undertake many rolls that would normally be assigned to City Staff. Councilman Castro reported: [ 34 ] Chamber of Commerce, In accordance with Crnn. Castro's recommendation, authorization was-given for the reimbursement of expenditures made by the Carlsbad Chamber of Commerce- in the amount of $543.79. Cmn. Neiswender questioned if there were sufficient funds Mayor Dunne reported: [ 76 ] P1ann.ing Commission. Mayor Dunne reported that there was a vacancy on the Planning Commissio.n due to the termination of General Edward W. Snedeker's ter i . [68] CPO. A number of items were discussed at the last meeting and a new vice chairman from Oceanside was appointed. [22 ] Airport Property. Mayor Dunne stated that he had inquiries abou't using the strip along the airport property for commercial use as long as it is in a stat of sus ended animation and felt it should be taken up with t R e CPO so that we could develop it as needed. e .', CITY OF CARLSBAD - .c i -4- ,. . 0 -" .. 68 - .. .i .. 0 EXECUTIVE SESSION: Mayor Dunne called.an Executive Session at 9:40 and the regular meeting reconvened at 1O:OO. Mayor Dunne announced that the Executive Sess<on was called to discuss personnel and no decisions were made at this time. PUBLIC HEARINGS; I [1131(co'ntinued) An appeal of the decision of the Planning Commission in denying an application for a .Specific Plan and Zone Change from R-A-10,000 to C-2 on property located on the Easterly side of €1 Camino Real between Marron Road and Osuna Drive. Appellant: Otis E. Vanderburg. Mayor Dunne opened the Public Hearing and the City Clerk prese-nted the affidavit of publication. The City Clerk stated there were no letters of protes t Mr. James O'Neal representing Otis Vanderburg address ed the Council as to why this zone change .should be approved and introduced Mr. Cal Massee.. Mr. Massee addressed the Council and presented slides showing the location of the proposed service station and gave an extensive talk on all the points involved as to why Shell Oil Company chose this particular location for. their service station. Mayor Dunne questioned what would happen if more service stations opened in the area. Shell Oil Company representative stated this would not make any difference because this was the best location due to the traffic pattern and signal at this intersection. Shell Oil Company is planning tc use a Spanish Archi- tectual design with a tile roof to compliment the shopping center, and develop 1/2 of Marron Road, east .of El Camino Real. Mr. Truax addressed the Council expressing approval of the application, as he felt it was the best use of the property. Since there were no other persons desir-ing to speak., the Mayor declared the public hearing closed. Mr. Olinghouse addressed the Council and explained the.reasons why the Planning Commission did not approve the zone change. Basically their denial was because of the Comprehensive General Plan. The intent of the General Plan was not to allow comm- ercial zoning East of Interstate 5. If there is a need for mcre commercia? zoning, then perhaps the .General Plan should be amended. Cmn. McComas asked the City Planner if he felt the General Plan was a comprehensive plan and Mr.. Oling- house stated tie did not, aid the plan needs to be up- manner. dated. However, it sho~rld be done in an orderly * -. .. I P Motion Ayes Noes ~ I j CITY OF G4PmD e z \r 0' "-."2:"" - -5- .- "_I ~ . ~-~ """_ - Cmn. Jardine felt that definitely the City needs to control the service stations but did not feel that needs to change the General Plan. Shell Oil .Company should be penalized because the Ci t Cmn. Neiswen,der pointed out the shopping center is a commercial enterprise, however he did not want to see a ring of service stations in this area. 'Mayor Dunne stated the.problem facjng the Council is there is no guide 1in.e as to how many service station the City needs and wants. Mr. Martin, City Manag-er, informed the Council the staff and the City Pla'nners .are interested in the orderly growth of the City. Perhaps a specific plan can be initiated to include the area East to the' rock quarry. He is in hopes Mr. Vandenburg has a land developmetit plan in mind. The Planning Department foresees many changes in land use along El Camino Real. The zoning map needs to be up-dated. Cmn. McComas felt a study should be made as to settin up special zones for service stations and service facilities. Further discussion ensued and it was agreed that the matter he returned to the Pla'nning Commission for further report, and to notify the Planning Commission it is the intent of the Council to grant the appeal. " .- . . . . ~ ".. . - - . - " The Council also mov-ed that the Planning Department prepare an ordinance setting up specific zoning for automobile service facilities. Crnn. Neiswender stated that he would like to have some proposed guide lines as to what would be cornpli mentary to this area instead of Service stations, t t P RECESS I Mayor Dunne called a recess at 9:35 and the regular meeting reconvened at 9:45. I P 69 " 1 I I Motion Ayes [107] (b) Resolution of Intention No. 1604, stating the intention of the City Council to vacate that cer- tain portion of the intersection of Cannon Rd. and El Arbol Dr. - e I. Mayor Dunie opened the Public Hearing and the City C,lerk presented the affidavit of publication. The City Clerk stated there were no letters of protesl Mr. hill presented a map showing the portion of- the intersection involved. Since there were no other persons desiring to speak, the Mayor closed the * public hearing with the unaminous consent of the council and the following resolut-ion was introduced. .. I a. I. 0 - 0 CITY OF CARLSBO\D . -6- Resolution No. 1609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, FINDING A PORTION OF PUBLIC RIGHT OF WAY AT INTERSECTION OF CANNON ROAD AND EL ARBOL DR$.WE UNNECESSARY FOR A PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES; VACATING SUCH PORTION OF PUB- irc RIGHT OF WAY AT INTERSECTION OF CANNON ROAD AND - EL ARBOLD DRIVE, SUBJECT TO CERTAIN RESERVATIONS AND EXCEPTIONS; AND ORDERING CLERK TO RECORD A CERTIF1E.D COPY HEREOF WITH THE COUNTY RECORDER OF SAN 'DIEG'O COUNTY, was adopted by title only and further reading wai ved. I [30 ] (c) To consider the adoption by reference Volume I11 of the Uniform Building Code, 1967 Edition re: Housing. Mayor Dunne opened the Public Hear-ing and the CTerk certified to the publication.of the notice. The City Clerk stated that no written correspondence h'ad been received. As there were no persons present desiring to speak the Mayor closed the public hearing with the unani- mous consent of the Council and the following ordi- nance was presented for the first reading. Ordinance No. 8051 AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING VOLUME 111 OF THE UNIFORM BUILDING CODE, I967 .EDITION, REGARDING HOUSING AND PROVIDING PENALTIES FOR VIOLATION THEREOF was given a firgt reading by title only and further reading waived. Mayor Dunne felt it was strange that no one was there to protest this housing code and questioned whether or not the citizens were aware of the compli catbons. Mr. Osburn was asked to explain this porti of the housing code. - C Mr. Osburn briefed the Council on the changes involv ed with the housing code, the necessity for its adop tion in order to obtain HUD funds, and the procedure for enforcement. Mayor Dunne questioned how we are going to relocate these people when their buildings will be declared substandard. ~ Mr. Harry Truax from the Central Business District Action Commission stated that the members had a, copy of the code book for a month to consider, and iit was their decision after careful study to recommend' this code be adopted. Cmn. Jardine felt that the Council should not faulter at this point after all the work the CBDAC had done. The Council requested more.coverage be given this matter by the news media, prior to the second readin: of the ordinance. I c \ 70 - I ~ Motion Ayes Motion Ayes n b .. -0 CiTY CF a D -7- .. .a 1 71 [ 931 (a> 'Report on petition for sewer improvem2nt on Highland Drive between Chestnut Ave Street. Mr.. Lilt stated th-at the pez 48% of the property involved. Tom McM Highland Drive discussed the petition and stated ther were 15 parcels involved and of these 15 parcels only o.ne property owner, Mr. Hayes had refused to sign, but 95% of the people involved wanted the sewer. Discussion was given as to how many were actually shown on the petition. 'It was agreed that Mr. McMaha should meet with Mr. Lill to work cut. ages, and present them to the City Council at the ne.xt meeting. PLANNING: Nothing to report. .. CARLSSAD PARKING AUTiiORITY: [SI Appointment to Carlsbad Parking Authority. Mayor Dunne announced that Mr. AI Sugg had been appointed to the Parking Authority to replace Mr. Baldwin who. had resigned. 9Y I NEW BUSINESS; I [ 847 (a) Resolution ii'1610 authorizing Department of General Services --to.- purchase certain "items. - Mr. Martin presented the following resolution regard- ' ing the purchase of vehicles for the City through State Agencies, explaining the vehicles could be purcha.sed for much- less. Resolution No. 1610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS was adopted by title only Motion and further reading waived. Ayes 0 - -. [ga 1 (b) Petition, requesting complete resurfacing of Highland Dr. upon completion of present sewer. The city Manager presented a petition, requesting tha Highland Avenue be resurfaced, in connection with the Park Drive 1911 Act project. Mr. Martin stated that th,e City will make temporary repairs until the trenches have, settled. This wa's discussed with one of the petitioners and he was in agreement. Mr. Martin will write a letter to the signers stating the City's intentions. C 29 '1 (c-) Approval of 1.969-.70 CP.0 Budget. By a unanimous vote of the Council the Member Agency Support Budget for Fiscal Year 1969-70 was approved, 'and the Council committed t.he City of Carlsbad to the $600.00 expenditure as proposed for this City. .- t . .. I Ayes Motion ..". ,. cr-n a= e .. -8- . .I r_ss"?%snrcw " [: 731 (dl Richard F. Taylor - re: request for dance permit- in -conjunction with oper.ation of "The Cutlassi' A dance permit was granted to the corporation known as R.E.C.I., Inc. for the business located at 2858 Carlsbad Blvd., Carlsbad doing business as the"Cut'ias [ BQ] (e> Proclamaticn re:"City of Carlsbad Clean-up Week" Mayor Dunne proclaimed the week of May 11 through May 17, 1969 as "City of Carlsbad Clean-up Week" and urged all citizens to do their share in cleaning up all areas of the City so as to maintain its beauty. .. [ 80 ] (5) ProclamationT re: "National Public Works Week". blayor Dunne proclaimed the week of May 11, 1969 as "National Public Works Week" and urged all citizens and .civic organizati-ons to acquaint them- selves with the problems and achievements involved in providing public works faci1i.ties and services. [ 301 (9) Resolution 1611 electing to assume the responsibility for the enforcement of Part 2 of Divis-ion 13 of the Health and Safety Code re: Mobile Homes. The following resolution was presented regarding mobile home parks. in order for the City to assume the responsibiljty for the inspection: Resolution No. 1611 A RESOLUTION OF THE CITY COUNCSL OF THE CITY OF, CARLSBAD, CALIFORNIA ELECTING TO ASSUME THE RESPONSIBILITY FOR THE ENFORCEMENT OF PAR1 2 OF DIVISION 13 OF~THE HEALTH AND SAFETY CODE was adopted by title only and further reading waived. 1 OLD BUSINESS: [ 103 Bus Routes. Mayor Dunne inquired about the study being made of the bus routes which is being prepared by the Traffic Safety Commission. The .. City Manager reported that the Traffic Safety Commission will be presenting a report. [ 371 Report on variances and zone changes. Cmn. Neiswender inquired as to the list of property that we had given variances and zone changes to and they were never used. Mr. Martin stated that he would meeting. try to get a report together by the next Council I ~ [ 53 ] League- of California Cities. Mayor Dunne commented on the League of California Cities letter regarding AB-240 that would repeal the existing section of,the code so that if a business does not have a place of business in the C-ity, they would. not he required to.pay a business license. It -was agreed that the Council 90 on record as opposing ~ .AB 240 and the City Manager was instructed to send a e: -- :I telegram to -Senator Burgener 'a.nd Assemblyman Stull stating the Council's wishes. . " I c 7 -7 2 I1 Motion .. Ayes I- . ,~+ CITY .Of (ZNUSBAD . i ". 0- - .- -9- ,. .. .. .- _. . CITY ATTORNEY WORT; . . ". .. . I. . 141 f (a) Pacific Telephone & Telegraph Co. re: Claim' for damages. A claim submitted by Pacific Telephone & Telegraph Co. in the amount of $500.00 for damage to a buried cable on April 7, 1969 was denied and referred to the City's Insurance Carrier. I [41 ] (b) Pacific Telephone a Telegraph Co. re:. Claim for damages. A claim submitted by Pacific Telephone & Telegraph Co. in the amount of $150.00 I for damage to a buried cable on, April 23, 1969 was denied and referred to the City's Insurance Carrier, ,I [ 411 (c) Avis Rent-a-Car System re: Claim for damage The claim submitted by Avis Rent-a-Car in the amo-unt I of $714.85 for damage resulting from an- accident allegedly occuring November .20, 1968 was denied and referred to the City Insurance Carrier. I- CITY MANAGER8 S REPORT: .. [ 681 League of California Cities. Mr. Martin remind the Council and Staff of the League of California Cities Meeting May 16, which wili be hosted by Carlsbad at the Twin Inns. Mr. Carpenter will be the speaker which is one of the very few appearances that he has made in. San Diego County. This will be one of the last social sessions, the rest of the meetings will be workshop type meetings. . .- . .. ; ! -c \ 7; P - ~- .. ! Motion- Ayes Motion Ayes - Motion Ayes eJ [ 371 Ordinance No. 1114, establishing the office of Vice Mayor. Cmn. Neiswender presented the following ordinanceand requested 'that the office of Deptity Mayor be changed to Vice Mayor. ORDINANCE No.. 1114 AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE. NO. 1005, ESTABLISHING THE OFFICE OF VICE MAYOR AND FIXING REGULAR MEETING PLACE. was gi'ven a first reading by title only and further reading waived. - 0 .. AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. Authorization was given for the payment' of bilis for the general expenses of the City in the amount of $15,878.94 avld for the Water Department in the ariiou~t of $8,510.43 as certified by the Acting Director of Motion Finance and approved by the Auditing Commi.tteP. Ayes Ratification of the payroll was given for the second half of April, 1969 in the amount of $34,235.73 as certified by the Acting Director of Finance and i"l-tiOl3 approved by the Auditing Committee. Ayes ADJOURNMENT: .I I By proper motion the meeting was adjourned at 10:35 PM I r ;dad F@& Respectfully submitted, Cltyjierk MAR^ T . ADAMS