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HomeMy WebLinkAbout1969-05-20; City Council; Minutesa - ?3 0 CITY Of CAMD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 20, 1969 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ~"~ ROLL CALL INVOCATION was offered by Mayor Dunne. ALLEGIANCE to the Flag was given. APPROVAL OF MINUTES: (a) Minutes of the regular meeting held May 6, 1969 were approved. CORRESPONDENCE: [ 851 A post card was read from Fremont L. Bl-ackman, Chaplain Lt. Col. USAF Ret. dated May 15, 1969 thank- ing the Council for the "Citizen News" and commented on keeping up the drive for the Chestn-ut Underpass. c 301 A letter was read from Mrs. Henrietta Rawson dated May 17, 1969 protesting against the proposed housing code ordinance requiring all existing housing to be brought up to new standards. [ 911 A letter was read from Richard G. Nieves, Jerry Whitley, and Mike McN.abb dated May 15, 1969 expressing their thanks for the Carlsbad Community Baseball Field. ORAL COMMUNICATIONS: [I 781 Dick Wright from Fox's Snug Harbor was pre$ent and requested that Ordinance No. 3025 be amended as follows: That whenever two or more skiers are being pulled by one boat that they be required to have a chase boat following them to pick up any skiers that may fall. Also, that a Harbor Master be appointed to keep check on the Harbor to be sure that the City ordinances are enforced. [log] William Scheffer, 3710 Garfield addressed the Council requesting a waiver for the street improve- ments on Juniper due to the fact that he did not know these improvements would be required when the original plans were approved. Mr. Lill addressed the Council and stated that these improvements would be necessary because it was part of a recently approved specific plan for this a~ea. By motion of the Council it was agreed to wai.ve the street improvements at this time and the developer enter into a future street improvement agreement; further, authorization was given for the Mayor t,o sign the agreement. - COMMITTEE REPORTS: Councilman McComas reported: [ 281 Water Systems Improvement Committee. Th.e Water Systems Improvement Committee met last week. The Committee received the report from Engineering Science completing the preliminary phase and 'this 1 c 1 7, " Present Absent Motion Ayes Motion Ayes I .. 7 e CITY OF CA-D -2- U f 75 t I 'was presented to the Council for their approval. Mr. Barney from Engineering Science was present to answer any questions, and following discussion the Council agreed to take this matter up at the next Council meeting. Councilman Neiswender reported: [ 283 Narcotics Committee. The Narcotics Committee met last Thursday and two probation officers, Kenneth Fare and William Sargent were present. Since this meeting had been given good press coverage, Cmn. .Neiswender did not discuss details of-the meeting. This Committee is very active in a worthwhile- endeavo and will meet again as soon as the secretary sets another date. Councilman Jardine reported: [ ,691 Park & Recreation Commission. This Commission will meet next Monday at 7:30 to review the budget and the preliminary plans for the summer recreation program. PUBLIC HEARINGS: [113] (a) To consider an appeal of the decision of the Planning Commission in denying a request for an amendment to a Specific Plan to remove limits-tions restricting auto related uses on property located at the corner of Palomar Airport Road and Lowder Larie Appellant: Paul Ecke, Mayor Dunne opened the Public Hearing and the City Clerk presented the affidavit of publication. The City Clerk stated that there were no letters of protest. A letter was read from Mr. Ecke dated April 28, 1969 stating his reasons for requesting thi amendment. As there were no persons present desiring to speak, the Mayor closed the public hearing with the unanimous consent of the Council. Cmn. McComas requested clarification as to why the Planning Director recommended denial. Mr. Olinghouse addressed the Council and read their report on this matter. Mr. Olinghouse stated that the purpose :of the specific plan was to designate specific uses; and not integrated commercial uses. Cmn. Neiswender inquired as to the status of the report from the Planning Department regarding a plan for zoning of service stations. He felt the Council had acted in good faith when they granted the re'- zoning and specific plan and could not see puttimg up gas stations just because they could see no other 'immediate use for this property. Mayor Dunne did not see how the Council could deny this amendment unless it had some rules and regula- tions on the number of gas stations allowed in certaj areas as a'basis for denial. r S r I__ CITY OF CA-D * '0 -3- 1 0 ~ .- a 76 "~ ~~ ~--r After f'urther discussion, a motion was made by Cmn. Jardine to deny the appeal and .to uphold the decision of the Planning Commission. The motion was withdrawn and the Council agreed to table the matter until the next Council meeting to allow the appellant t~ presen his case. Cmn. McComas inquired as to when the Planning Direct0 would have the service Stati'on study completed and Mr. Olinghouse stated he would have a report for the next Council meeting. t ENGINEERING: I [llo] (a) Request for six (6') inch water meter re: Burroughs Plant. Authorization was given for a six inch water meter for the Burroughs Plant in accord- ance with the- City Engineer's recommendation out- lined in me.morandum dated May 13, 1969. [llo] (b) Addition of six (6) inch bypass at Palomar Airport Rd. wholesale water connection to CMWD. Authorization was given for the addition of a 6 inch bypass at Palomar Airport Road, at the cost of $5,000 as requested by the CMWD and recommended by the City Engineer in memorandum dated May 13, 1959. PLANNING: [ gg] (a) Tentat-ive-map for Rancho Carlsbad Mobile Home Park. Mr. Olinghouse read the Planning Commission report dated April 28 and presented a map showing the portion of Cannon Road to be dedicated an improved. t Mr. Schwab, representing Western Land Development addressed the Council to clarify a few items on the Planning Commission report dated April 28, 1969. Under Item 5 concerning El'Camino Real Improvements, he stated they would enter into a future street improvements until the County improved El Camino Real Item 18 should read "The developer shall enter into bonded agreement with the City, guaranteeing con- struction of all public improvements". Mr. Schwab also commented on Item 7 and requested approval of the size of flood channels to be 90'xll 1/2' deep and 4Olx9'. By motion of the Council the sizes proposed .by the developer were accepted under the condition that the City would be held harmless as the resu:lt of any flood damage. 'improvement agreement for their portion of the Cmn. Neiswend,er inquired as to whether the Mobile Home Park would call on the City for fire and police protection. Mr. Schwab stated that they would depend would be sufficient to handle this traffic. Discus- sion ensued and the following resolution was presente .on the City for this service and that their streets Motion ' Ayes Motion . Ayes Notion Ayes I: CITY OF- CA-D 0 .c 1 0 -4- .. 7': EXECUTIVE SESSION: Mayor Dunne called an Executive Session at 9:50 and the regular meeting reconvened at 10:05. Mayor Dunne announced that the Executive Session was called to discuss personnel. [76 ] (b) Appointment to Planning Commission. Roy Palmateer and Donald Dewhurst were reappointed Floyd Packard was appointed to the Planning Commi-ssion to fill the vacancy created by the expiration of Gen. Snedeker's term. [28 ] (c) Downtown Parking Advisory Committee. Harry Truax, Ben Ward-, and Frank Kirk were appointed to a newly formed Downtown Parking Advisory Committee. Col. George Killen will act as liaison from the Parking Authority. NEW BUSINESS: [86 ] (a) Fox's Snug Harbor-request for permission to allow overnight campers during Memorial Day Weekend. The City C-Jerk read a lett-er f-rom Dick Wright, General Manager Fox's Snug Harbor requesting permission for overnight parking and an amendment to this request dated.May 17 stating that the overnight parking would be predominately of the Pomona Valley Boat and Ski Club of Pomona Valley with a limit of 20 units. By motion of the Council the request for overnight parking at Fox's Snug Harbor during Motion Memorial Day Weekend was granted. Ayes to the Planning Commission for a 4 year term. Dr. . recommended by the Water Systems Improvement . .[llO] (b) Proposed increase in water rates as Committee. Cmn. McComas advised the Council that these new rates were based o'n the recommendation of Bartle Wells Assoc. and are necessary in order to pay the bonds. This will increase the income from water approximately 30%. In the original recommenda- tion tw.0 years ago, 40% was recommended. There was a 10% increase in 1967 with approximately 30% re- maining to meet this recommendation. Discussion ensued and the following ordinance was presented: Ordinance No. 4010. AN ORDINANCE OF THE CITY .OF CARLSBAD AMENDING PORTIONS OF ORDINANCE NO. 4001, et seq. REGARDING THE SUPPLYING OF WATER AND THE RATES TO BE CHARGED THEREFORE, was given a first Motion .reading by title only and further reading waived. Ayes 0 * ".==AT.?&" .. ., .. .. .. - .. 0 7 CITY OF W-0 . 0 "4 - 5.- 7 . .. 1. l +' . ..- - 78 It was further agreed that the water rates be re- appraised the first of January., 1970, and at the end of each fiscal ye.ar thereafter;: that immediate steps be taken to car-ry out the provisions of the Bartle We1 1s and Associates Report and the. Mater Report, in regards to the sale of surplus property, that the monies real-ized from the sale be pl.aced reduced accordingly.- ' in the Bond Redemption Fund- and the water rates [78 ] (c) First reading of Ordinance No. 3078, amending Ordinance No. 3033, regarding use of surf- boards. A'petition addressed to.the-City Council was presented, containing 35 signatures oppo-sing t-he petition sent to the Council by the Terramar Association Board of Directors, as the members were not informed of the Board's -action. There are prob- lems that do exist on the beach in Terram.ar, but are not connected with surfing. Further., the Terram area is rather isolated from the rest of the City and transportation is a problem, and to deny the children surfing on their own beach would be in- viting trouble and more free time. Letters from Reid and Vera. Cockran, and Roy P. Joseph0 were received by the Council, stating their. opposition to any change in the present ordinance. Cmn. Jardine recommended that the present or.dinance remain .in effect and that no. e:_fort. he .made.. to ye-. strict surfing other than that imposed by the ptesen ordinance. Several property owners from the Terrainar area were present and stated their opposition and support of -a more restrictive ordinance. Mayor Dunne stated he had discussed this matter with several persons in the Terramar area, and they have two problems, i .e., some 1 ike to surf and some like to fish. He recommended that the Association meet and discuss the possibility of certain areas being used for surfing. and fishing. Cmn. Jardine stated he would be happy to receive a1 1 recommendations. Motion AY es r .. [ 251 (d) Petition for annexation of property kinown as Rancho Caylsbad. A petition was submitted, srigned by all of the property owners involved, requ.esting Carlsbad, said propert.y being -known as Rancho Carlsbad. Following. diScussio.n.,'-tbe .fqllowing ,.. . -resol uti on was presented:. :> Resolution No. 1614, A RESOLUTION OF THE CITY COUNCII. ANNEXATION AND SETTING PROTEST HEARINKREGARDING' . EAST CARLSBAD ANNEXATION NO. 2.9 was adopted by, Motion annexation of approximately 92 acres to the City of .. . .. -. .. . -. .. OF T.HE CITY-OF CARLSBAD GI-VING NOTICE OF PROPOSED . ti.t.le only and further reading waived.. - .. Ry e s- "~ I .. .. .ranr*a 0 r i CITY OF CAFEEAD 'a -6- .\ . .- 7s ~ ~ . ~~ ."_.". 7 [ 801 (e) Proclamation - re: Poppy Day:.' Mayor Dunne read a proclamation regarding ''Poppy Day'' and urged all citizens to recognize the merits of this cause by contributing to its support through the purchase of Buddy Poppies. OLD BUSINESS: I [ 371 (a) Second reading of' Ordinance No. 1114 establishing the o.ffice of Vice Mayor. The following ordinance was presented for a second reading. 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 adopted by title only and further reading Motion wai ved, 4 Ayes [ 301 (b) Second reading of Ordinance No. 8051 adopting Volume I11 of the Uniform Building Code, 1967 edition re: Housing. Mr. Kirk, representing the Central Business District Action Commission addressed the Council and urged passage of the Housing Code. He requested. that if the Council chooses not to pass the Housi,ng Code, that they come up with an alternative. Mr. Priday was present and explained that the housing code is a prerequisite of the working plan that has to do wit-h- -the redevelopment of the down- town area. Mayor Dunne asked Mr. Priday if this is the same code but it is an essential element of the HUD program and requires strict enforcement. the City now has?, Mr. Priday answered it was not, Mr. Osburn addressed the Council and read some of the requirements of the code that would require an owner to rehabilitate the structure or have it demolished. He also stated that before a building is demolished, the owner may-appear before the Appeals Board. Cmn. Jardine asked if the people responsible for these inspections are monitored or checked by the Federal officials? Mr. Osburn answered that they would be and the City has to h'ave these records for 6 months prior to HUD coming in. Cmn. Neiswender asked if any of the houses within this parti'cular field could be brought up to standard with a limited. amount of attention? Mr. Osburn answered that the building code does . not allow the structure to have over 50% deficiency. This deficiency involves only structure, not water, wiring, etc. I I a 0 .. CITY OF CARLSAD -7- Mayor Dunne asked if buildings built under the old codes would have to be rebuilt to meet the new standards, Mr, Osburn said they did not, Mr. Osburn stated the City would be adopting pages 7-20 only of the Housing Code as the appendix is already a part of the Uniform Building Code. Mayor Dunne read a letter from Allan Kelly, Chairman of the Housing Element Citizens Committee dated May 20, giving its views on the housing code. The Committee urged the Council to adopt the housing code and to administer-i.t with all possible justice. Several people were present and discussed their feelings on HUD and the Housing Code. Some people felt that the citizens should.do the rehabilitation on.their own without the Government's assistance and do'es this mean it accepts HUD. some questioned if the City'accepts the Housing Code, Mayor Dunne answered that if the City accepts the Housing Code, this did not mean that it accepts HUD. Crnn. Jardine felt that there were probably not more than 5 homes that would be in the category of substandard 50% non-rehabitable. Rev. Baker addressed the Council and reported-on a building with 3 apartments in Carlsbad, describing all of the substandard conditions and urged the ~ adoption of the code so these places would not exist. Crnn. Jardine asked if someone could not inspect this building and Rev. Baker said that the San Diego County Health Inspector could inspect .the building bu he would immediat.ely condem it and these people would not have any place to go and he wanted to stop them from renting these units -wh'en the building became vacant. Mayor Dunne stated he and Cmn. McComas are going to Imperial Beach to discuss the problems they have encountered since, adopting the Housing Code, and they wi 11 report back to the Council at the next meeting. Cmn. Jardine commented on the good job that the news media had done regarding the Housing Code. The City Manager stated the purpose of the Housing Code is to provid,e minimum requirements for the Health and Welfare of the people in the community. He made an inspection with Rev. Baker and was appalle at what they saw. It was his feeling there was no escape from bringing the housing up to standard. - t d I 1 I U 7 80 LII Y U- WHI-SEND c * 1 0 ." . . 0 =F -8- j I .. ~~- ". 7. Cmn. Neiswender commented that we have talked about HUD since 1967. When an ageucy. takes over everyone loses a little something and he suggested the Chamber of Commerce work as a catalyst. He stated that peopl accomplished very much during the last l@years. Cnn Neiswender commented that he had seen more people .at this Council meeting for the first time than he has seen during the last 8 y-ears .and will back them 100% as long as it is done in an intelligent and sensible manner. He felt that the City needs a good housing code. -talk. about doing this.themselves, but they have not t After further discussion this matter was continued until next Council meeting i.n order to have a report from Mayor Dunne and Cmri. McComas regarding Imperial Beach. RECESS: The Mayor declared a short recess at 9:25 P.M. and the meeting reconvened at 9:35 P.M. CITY ATTORNEY'S REPORT: EXECUTIVE SESSION The City Attorney requested a'n executive session; Mayor Dunne called an executive session at 10~25 P.M. and the regular meeting reconvened at l0:30 P.M., Mayor Dunie -announced that -th~e "exkcutive sessi-on7 was called to discuss possible litigation. CITY MANAGER'S REPORT: . [ 971 Chestnut Underpass. Mr. Mart.in stated that he would try to have a report on the Chestnut Avenue Underpass at the next meeting. He called J.ohn -Stull and Mr. Stul? was to-return his call tomorrow. [ 621 Legislative Bulletins. Mayor Dunne discussed the Legislative Bulletins and felt a copy of the Bulle.tjn should be given to the Council'for any action they may wish to take on them. Mr. Martin was instructed to make copies of these Bulletins and send to the Council. By motion of the Council it was agreed to send i wire to Senator Burgener and Assemblyman Stull asking them to take a firm stand against the AB240. [1103 Retail Water Service.Mayor Dunne felt the City should make a determination on the matter of retail I .. water., se.rvj ce . by. ,th.e.. CMyD -and. the City. . .. .I [112] Weed Abatement Program. Cmn. Jardine- inquired - as to the status of the removal of weeds. Mr. Martin I answere'd- thdt"pr-o.pperties 'are now 'b-eing posted and notices will be mailed. He also stated there would be 3, $100 fee charged if the property owners do hot dispose of the \rlee.ds and the' Clty.has- to' do the: work. I \ Mot i on Ayes .. 0 Lr;:jL.-.~~.:,.mwzaR L 0. CITY OF CA-D . .. -9- / d. ? I [ 72 ] Parking of Commercial Vehicles. Gmw, Jardine inquired if there was an Ordinance that grohibits parking of large commercial veh'icles on kity streets as there was a moving van parked on the west side of Highland Drive, north of Tamarack'Avenue. Mr. Martin stated there was such .an ordinance and this would be taken care of, [ 78 1 Licensing.of'Cats. Cmn. Neiswender inquired about the licensing of cats and N'r. Martin stated this.is something that cannot be done and he knew of no city that had such an ordinance. AUTHORIZATION FOR PAYM-ENT OF BILLS AN-D RATIFICATION OF PAYROLL. .. Authorizatyon was given for the payment 0.f bills'for the general expenses of the City in the amount of . $~80,120.60 and for the Wat-er Department ,in the amount of $16,736.56 as certified by the Acting Director of Finance and approved by the Auditing Cornmi ttee. Ratification of the payroll was given for the first half of May, 1969 in the amount of $37,928.00 as certified by the Acting Director of Finance and- approved. by the Auditing Committee. ADJOURNMENT: By proper motion the meeting-wa-s adjou-rned a't;"10::45. P.N* Respectfully submitted,' A "fl*& %. i? fl& NAM ET E. ADAMS City s' Clerk . .. . .. -. .. .. . .. .. .. ... I I). I .G t 82