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HomeMy WebLinkAbout1969-06-03; City Council; MinutesCI~1-Y OF CARLSBAD cwr , Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: ' June 3, 1969 .Place of Meeting: Council Chambers 85 @ Time of Meeting: 7:OO P.M. " .P 1 0 - \ ROLL CALL I ~ ~~~" ~~~~ Present INVOCATION was offered by Mayor Dunn.e. 1 ALLEGIANCE to the Flag was given . APPROVAL OF MINUTES: .. (a) Minutes of the regular meeting held May 20, 1969 Ayes were approved as presented. Motion CORRESPONDENCE: I [ 1od (a) Major General Donn J. Robertson - re: Letter of appreciation. A letter was read from Donn J. Robertson, Major General, U.S. Marine Corps dated May 19, 1969 expressing his appreciation for the City's assistance pei-taining to the replacement of 17 area housing. [37] (b) United States International University - re: Letter of amreciation. A letter .was read from I, Carlos 61. Moran, Director U.S. International Univer- sity dated May 23, 1969 expressing their appreciatiol for the assistance and hospitality Carlsbad gave to a gro.up of Guatemalan municipal secretaries who visited Carlsbad in April. n I [ 70 ] (c) Mrs. Robert C. Botting - re: Surfing Ordinance. A letter was read from Marianne Botting dated May 23, 1969 regarding the anti-surfing ordinance at Terramar Beach expressing her apprecia- tion for the Council's action. 1 , ORAL COMMUNICATIONS: There were no oral communications. COMMITTEE REPORTS: Councilman McComas reported: [28] Water Systems Improvement Committee. By motion of the Council the preliminary report from Engineer- ing Science, which had been presented at the previous Council meeting, was adopted and authorization was given to Engineering Science to proceed with the Motion i design phase. Ayes Councilman Neiswender reported: [76 ] Planning Commission. Crnn. Neiswender commented that the. Kamar Tract was pending a report from the City P1 anner. [37 ] Oceanside Harbor Days. Crnn. Neiswender comple- mented Me1 Smith and Oceanside Chamber of Commerce I I for the fine job thev did on the Oceanside Harbor - - Days. 0 " 0 - LI I Y wl- LAKLSt3AD LWI -2- - -. 84 y f; [ 281 Narcotics Committee. Cmn. Neiswender stated this committee will meet before the next Council meeting. At their next meeting they plan to evaluate their previous meetings in order to prepare a report of their overall findings. .. Councilman Jardine reported.: [ *8] Audit & Finance Committee. Cmn. Jardine report- ed he and Cmn. McComas will be meeting with the City Manager to review the preliminary budget. [: 69] Park & Recreation Commission. Cmn. Jardine stated the commission met last Monday and the summer recreation program is coming along fine. The majority of the personnel has been hired or are in the final stages. PUBLIC HEARINGS: [113] (a) (Continued) An appeal of the decision of .amendment to a Specific Plan to remove limitations the Planning Commission in denying a request for an restricting auto-related uses on property located at the corner of Palomar Airport Road and Lowder Lane. Appellant: Paul Ecke. Mayor Dunne opened the public hearing. The City Clerk read a letter from N. P. Maurer, representing Paul Ecke dated June 3, 1969, requesting that this pub1 ic hearing be delayed 2 weeks. The Council agreed to delay this public hearing until June 17. [113] (b) To consider an application for zone change from R-1-7500 to R-3, and a Specific Plan on property located on the Nest Side of the intersection of Harrison and Locust Streets. Applicant: Howard Hucks & Associates. Mayor Dunne opened the Public Hearing and the City Clerk presented the affidavit of publication. The City Clerk stated there were no letters of grotes Mr. Olinghouse presented a map showing the location of the project. Mayor Dunne asked how many apart- ments were involved and Mr. Olinghouse stated there were 26. Since there were no other persons present desiring to speak, the Mayor closed the public hearing with the unanimous consent of the Council, and the following resolution and ordinances were presented: Resolution No. 1616. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM ZONE R-1-7,500 'to R-3. was adopted by title only and further reading w-aived. 'I Motion Ayes CITY OF CARLSBAD COUI a -3- I) Ordinance No. 9233. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN OF PROPERTY LOCATED ON THE WESTERN SIDE'OF HARRISON STREET, AT THE INTERSECTION WITH LOCUST AVENUE, was given a first reading by title only an.d further reading waived. Ordinance No. 9234. AN ORDINANCE OF THE CITY.OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSIFYING SIDE OF HARRISON STREET AT ITS INTERSECTION WITH LOCUST AVENUE, was given a first reading by title only and further reading waived. ENGINEERING: FOR 8-3 PURPOSES, ON PROPERTY LOCATED ON THE WESTERLY [ 451 Rai 1 ro Counci (a) Renewal of (storm drain lease - Santa Fe ad. Mr. Lill , City Engineer addressed the 1 in reference to his memorandum to the Council dated May 27, 1969 in which he recommended the City continue the lease for the storm drain on the rail- road right of way from Oak Avenue to the Agua Hediond lagoon. By motion of the Council it was agreed to extend the lease as requested and the Mayor and City Clerk be authorized to sign the lease agreement. [ 451 (b) License for water main crossing. - Santa Fe Railroad at Cannon Rd. Mr. Lill, City Engineer addressed the Council in reference to his memorandum to the Council dated May 27, 1969 in which he recom- mended that the pipe line license be executed in the amount of $150.00 for water main crossing - Santa Fe Railroad at Cannon Road. Following discussion the following resolution was presented. Resolution No. 1623. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZ-ING AND DIRECTING MAYOR TO SIGN PIPELINE LICENSE WITH SANTA FE RAILWAY COMPANY, was adopted by title only and further reading waived. [ 991 (c) Subdivision Improvement Agreement - re: Knob Hill. The City Engineer presented the final map for Knob Hill and stated that the map was in order, the improvement agreement had been executed by the developer and the bonds posted. Therefore he recom- mended that the fin,al map be approved. Also he requested that the City quit claim Lot 1 to the developer because it was no longer needed by the City for a slope easement. Cmn. Neiswender asked Mr. Lill if the grading on Donna Drive would be done in such a way so as not to affect future development of Donna Drive or cause a traffic hazard and Mr. Lill said that it would be. By motion of the Council the final map of Knob Hill subdivision was approved and authorization was given for the Mayor to execute the 1mprovem.ent Agree- ment in behalf of the City; and further that a quit claim deed to the developer be granted on Lot 1. I - -. \ 85 1 7 C - Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes LI I Y ut- LHKLSBAD LW e -4- c " \ 86 < Crnn. McComas questioned if the agreement rel'ated to the portion that will be quit claimed to the develope' and Mr. Lill stated it would. [ 93 ] (d) Report. on petition for sewer improvement in Highland Dr. between Chestnut Ave. .and Magnolia Act proceeding on Highland Drive between Chestnut Ave and Magnolia Ave. was approved by the Council as recommended in Mr. Lill's memorandum dated June 3, which petition was signed by owners of 62% of the property proposed to be assessed. PLANNING: [ 76-3 (a) Dr. Floyd L. 'Packard - re: Appointment to Planning Commission. A letter was received from Dr. Floyd Packard stating' that he was unable to accept the appointment to the Planning Commission. Mayor Dunne appointed William B. Hermsen to the Planning Commission for a 4 year term. [ 1jq (b) Memorandum re: Appeal by Otis E. Vanderburg for zone change and specific plan. A memorandum from the Planning Commission was read, stating their reasons for upholding their decision in denying the application, and when the matter was again considered at the request of the City Council, no new evidence was presented to change their position in denying the request for a zone change and specific plan. Mr. James 0' Neal, representing the applicant, ad- dressed the Council and stated he was present at the Planning Commission's meeting last week. Basically he pointed out the City Council's intention to grant the appeal. The Planning Commission does not want a service station at the proposed location, however, they do not have legal grounds to deny the request. When the matter was heard before the Council, Crnn. McComas asked that some criteria be established for gas stations, and as of this date no decision has been made. This property is definitely commercial Council to stand on their previous decision to grant the appeal. Mr. Olinghou'se, City Planner, stated the main reasons for the Planning Commission's decision was contained in their resolution. Mayor Dunne made reference to a report prepared by the City of Santa Rosa regarding the control of service stations, however, he could not find where they had. found a solution. The City Planner stated the City of Fresno's report recommended that service stations be permitted only by a Conditional Use Permit. Cities who have been successful in regulating service stations have done Ave, The petition requesting sewers under the 1911 property, In closing Mr, O'Neal requested the City 0 SO by way of Conditional Use Permits. 0 e (11 I-Y OF CARLSBAD COUI - 5- - " 87 ! Crnn. Neiswender stated he could not change his view. He attended the Planning Commission's meeting and did not feel the Commission was arbitrary on the matter of service stations. The Planning Commission has recommended that any action be deferred until the applicant can prove a service station, is the highest and best use of the land. Further, the Planning Commission should have the opportunity to resolve this matter. Crnn. Jardine asked the City Attorney if the appli- cant's fee could be returned until a policy or cri- teria had been established, and the City Attorney informed the Council the applicant had the right to request a decision at -this time. ~ ~ ~~~ Mr. O'Neal stated heidid not like to have his client placed in such a position. It was his opinion the City Council was on the right track as far as estab- lishing a criteria for service stations, and request- ed a decision by the Council at this time. Further discussion was had and the following facts were established: 1. This is definitely commercial property due to its location and proximity to Plaza Camino Real. 2. A precedence was set for this locale when the Standard Oil Station was approved at Haymar Dr. and El Camino Real - 3. Location of proposed station provides easy access to and from El Camino Real; in this respect it is a much better location than the Standard Station. 4. There is no policy nor ordinance governing the number of service stations in any particular location, and until that matter is resolved and a firm policy established, there is no sound grounds for denying this request. It was further agreed that the property should be re- zoned C-1 rather than C-2, and Mr. O'Neal stated his client would have no objection. I I i The following resolution and ordinances were present- ed for consideration: Resolution No. 1602. A RESOLUTION OF THE CITY COUNCIL, SION'S DECISION AND ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE CLASSIFICATION AND SPECIFIC PLAN OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF Motion OF THE CITY OF CARLSBAD, OVERRULING PLANNING COMMIS- CARLSBAD FROM ZONE R-A-10,000 TO ZONE C-1 was adopted Noes by title only and further reading waived. Ayes e’ e - LI I Y OF- CARLSBAD LW~ -6- L” \ 88 I Ordinance No. 9235. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN OF PROPERTY LOCATED ON THE SOUTHEASTERLY SIDE OF EL. CAMINO REAL, BETWEEN MARRON ROAD AND OSUNA DRIVE, was given a first reading by title on1.y and further reading waived. Motion Ayes Noes Ordinance No. 9236. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSIFYING EASTERLY SIDE OF EL CAMINO REAL, BETWEEN MARRON ROAD Motion only and further reading waived. It was further agreed that the City should take Noes immediate steps to establish a criteria or policy for the control of service stations. FOR c-1 PURPOSES, ON PROPERTY LOCATED ON THE SOUTH- AND OSUNA DRIVE, was given a first r.eading by title Ayes RECESS: I Mayor Dunne called a recess at 8:lO P.M. and the regular meeting reconvened at 8:20 P.M. NEW BUSINESS: [ 45](a) Resolution No. 1617, regarding one year extension of Joint Powers Agreement-Serra Regional Library System. The City Attorney presented the following resolution with reference to the one year renewal of Serra Regional Library System agreement as outlined in the City Attorney’s memorandum dated May 28, 1969. Resolution No. 1617. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING CITY MANAGER ON BEHALF OF THE CITY TO ENTER INTO ONE YEAR EXTENSION OF JOINT POWERS AGREEMENT REGARDING SERRA REGIONAL LIBRARY SYSTEM, was adopted by title only and further reading waived. [112](b) Resolution No. 1618 declaring as public nuisances rubbish and refuse upon private property in the City of Carlsbad. Mr. Priday addressed the Council stating that there were 400 property owners whose property had been posted and would be sent letters requesting them to abate the public nuisances Anyone desiring to ’voice their objection may appear before the Council at the time of the public hearing, City to clear the property until the public hearing is held. Mr. Leftwich was present and addressed the Council. He stated that he was in favor of removing the weeds and rubbish but requested that they be given enough time to complete this clean-up. Mr. Leftwich also discussed the debris problem along the beach area, specifically Ocean Street across from the State Park. It was pointed out that no work would be done by the Motion Ayes I 1 I I I I I I I .I I ~ I 1 ~ I LI I r ur LHKL3tmU "", @ .' -7- -_ 85 \ I I He asked that the City do its share in helping to keep this area clean by placing some Pubbish contain- ,ers in this area. He also requested that parallel parking be enforced instead of diagonal parking along :Ocean Street. Mayor Dunne agreed with this and in- !strutted the City Manager to check this matter in /order to alleviate the problem. Rev. Baker was present and discussed the problem of vendors at the high school and req.uested that they could be required to have a container on the truck for debris. Mayor Dunne also mentioned the debris problem at the shopping center and felt that this is .something that the City Beautiful Committee should study. Following discussion, the folldwing re'solution was presented: Resol-ution No. 1618. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING AS PUBLIC NUISANCES RUBBISH, AND REFUSE UPON PRIVATE PROPERTY IN THE CITY OF CARLSBAD was adopted by title. only and further readi ng wai ved. Motion Ayes Cmn. Jardine asked that the Park & Recreation Comm. the members could be apprised of the agenda items. .agenda be sent to the City Beautiful Committee so [ 621 (c) Town of Emeryville re: protecting .Home Rule. Mayor Dunne presented a letter from Donald J. Neary, Mayor, Emeryville, Cali-fornia d-ated May 16, 1969 regarding the problems of home rule and their attempt to direct and control zoning wfthin the Bay area. Fol-lowing discussion the following resolution was- presented: Resolution No. 1626. A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF CARLSBAD, SUPPORTING LEGISLATION PROTECTING HOME RULE, was adopted by title only and Motion further reading wai ved. Ayes 0 [ 621 (d) City of Newport Beach - re: Legislatio-n to prohibit oil exploration and production on State and Federal tidelands. Mayor Dunne presented a letter from City of Newport Beach dated May 15, 1969 with resolution attached, requesting Congress of the United States and the Legislative of the State of California to enact 1eg.islation which would proh-ibit :oil exploration and production on State and Federal ~ tidelands adjacent to the Coast of Ca.lifornia between i Newport Beach and the Mexican border,. and asked the Mayor Dunne introduced the following resolu.tion .for consideration: Resolution No. 1627. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD BEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE LEGISLATURE OF THE STATE OF CALIFORNIA TO ENACT LEGISLATION WH.ICH WOULD PROHIBIT OIL EXPLORATION AND PRODUCTION ON STATE AND FEDERAL TIDE AND SUBMERGED LANDS ADJACENT TO THE COAS THE CARLSBAD AND THE MEXICAN BORDER,was adopted by title only and further reading waived. City's as-sistance in implementing-these controls, OF CALIFORNIA-BETWEEN. THE NORTHERLY CITY LIMITS OF I - Motion Ayes I LI i Y ul- LAKLSBAD LW' e -8- _- - 90 p rJ I OLD BUSINESS: .. . . . . . . . . [llO] (a) .Se'c'o'n'd-:Re'a'di'n'g-~o.~.~~rd~.n.a'n'c~ .No. 4010, re- gardin.g 'the' 's'u'p'p'l'yi'n'g 'o'f 'water 'dn'd 'rat'e's' '-to. be' .ct-iargec Mayor Dunne remarked that a very good .article appear- ed in the newspaper as to the need for a 30% increase in the water rates. This increase is a part of the recommendation made by the financial consultants- Bartel Wells. He received calls from several citizens and he explained the electorate voted a revenue bond for rehabilitation of the water system. The monies would not be used to assist subdividers. Further, it was agreed that surplus water property would be sold and the monies applied toward the bond redemption fund.. Tn addition, the, water rates would be reviewed every six months. Following discussion, the followins ord!naice was presented for a second reading; I Ordinance No. 4010. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING PORTIONS OF ORDINANCE NO. 4010. et I seq REGARDING THE SUPPLYING OF WATER AND THE RATES TO BE CHARGED THEREFORE was adopted by title only and further reading waived. [ 81 ] Calaveras Lake. Discussion was then given to Calaveras Lake and a motion was made to authorize the City Manager to explore the feasibility of hiring a real estate firm as to the disposition of Calaveras Lake. Cmn. Jardine requested a memorandum be sent to the Park & Recreation Commission apprising the members of the Council's action. [ 301 (b) Ordinance No. 8051. - re; Housing Code, as outlined in his memo dated May 29, 1969. He state that Imperial Beach had the "Federally Assisted" program in which the Federal Government paid 3/4 of the cost and the City paid 1/4. It applied this program to the residential areas only and not to commercial areas. Mayor Dunne stated that the adopt- ion of the Housing Code is necessary for any HUD program. Discussion ensued and the following lordinance was presented for a second reading: Mayor Dunne discussed his visit to Imperial Beach Ordinance No. 8051. AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING VOLUME I11 OF THE UNIFORM BUILDING CODE, 1967 EDITION, REGARDING HOUSING AND PROVIDING PENALTIES FOR VIOLATION THEREOF, was adopted by title only and further reading waived. CITY ATTORNEY'S REPORT: I [41 ] (a) Claim for damages - re: Charles Bryan. The claim submitted by Charles Bryan involving I I the removal of his automobiles pursuant to the City's wrecked vehicle procedure in the amount of $2,000 was denied and referred to .the City's insurance Motion Ayes Motion Ayes Motion Ayes Motion Ayes i i ~ , I e ____II 0 -r Li 1 Y UF CARLSBAD CWl -9- I _- \ 911 The City Attorney introduced the following resolutions regarding pending legislation: [ 621 (b) Resolu'tio'n #1'619. A RESOLUTION OF THE CITY COUNCIL OF THE CI'TY OF CARLSBAD SUPPORTING ASSEMBLY BILL 1515 was .adopted by title only and Turther reading waived. [ 621 (c) Re's'o.l'u'ti.o'n'. #1'620. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING ASSEMBLY BILL 1400 was adopted by title only and further reading waived. . [ 621 (d) Resolution #1621. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF,CARLSBAD OPPOSING SENATE BILL 994 was adopted by title only and further reading waived. [ 621 (e) Resolution #1622. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CA.RLSBAD OPPOSING ASSEMBLY BILL 240 was adopted by title only and further reading wai ved. [llOJ Retail Water Service. Mayor Dunne asked the City Attorney the status of the retail water service by the CMWD and the City. Mr. Wilson stated that he expected to have a report soon. [ 411 Lawsuit - re: Billboards. Mayor Dunne further inquired of the City Attorney the status of the pending lawsuit in regards to the billboards and the City Attorney stated the case has been filed with the court and the City is now awaiting a trial date. Mayor Dunne presented the following resolutions for consideration relative to pending legislation: [ 621 Resolution #1624. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING SB 1178 WHICH WOULD AUTHORIZE MEMBERSHIP OF LOCAL AGENCY FORMATION COMMISSIONS .FOR REPRESENTATIVES OF SPECIAL DISTRICTS, was adopted by title only and further reading waived. [ 621 Resolution #1625. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING SB 1414 PROVIDING A GUARANTEED MINIMUM WAGE AND HOURS AND VACATION TIME FOR POLICEMEN was adopted by title only and further reading waived. CITY 'MANAGER'S REPORT. [ 1121 Clean-up Campaign. The City Manager commented on the trash that was collected and stored at the 01 sewer plant and visable from Carlsbad Blvd. During the campaign last year the City received $800 from the sale of salvage and this was put into the genera fund. The City is planning to sell this trash to a salvage yard again this year, and it will be removed before the weekend. "r d 1 I Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes Abstainel Motion Ayes Abstaine ~ ~ I I i i Li I Y OF CARLSBAD LW 0 0 -1 0- " \ 92 : [ 20 1 Buena !/i.sCa Lagoon. The City Manager commented on a request that he had received from Bill Atkinson regarding three barrels that were lost in the Buena Vista Lagoon during the winter rains. The Council agreed that the City would participate in the cost of restoring the.se barrels. However, the' matter was held in abeyance unti-1 a staff report has been pre- sented on the matter. Mayor Dunne stated that the Corps of Engineers is going to make.a flood control study of the Buena Vista Lagoon soon. I [62 1 Sacramen'to .Ne'ws. Letter. Cmn. Neiswender request ed that coDies be made of the Sacramento News Letter I and forwarded to members- of the Council. I AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. I Authorization was given for the payment of bills for the general expenses of the City in the amount of $58,582.31 and for the Water Department in the amount of $33,947.74 as certified by the Acting Director of Finance and approved by the Auditing Committee. Ratification of the payroll was given for the second half of May, 1969 in the amount of $33,991.63 as certified by the Acting Director of Finance and approved by the Auditing Committee. I ADJOURNMENT: I Respectfully submitted, MA~G~~ET E. ADAMS City Clerk dF@A-d I - Motion Ayes Motion Ayes I