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HomeMy WebLinkAbout1969-06-17; City Council; MinutesCITY OF CARLSBAD COC a Meeting of: CITY COUNCIL (Regular Meeting). __ \ Date of Meeting: June 17, 1969 Time of Meeting: 7:OO P.M. 93 Place of Meeting: Council Chambers e ROLL CALL INVOCATION was offered by Mayor Dunne ALLEGIANCE to th'e Flag was given. APPROVAL OF MINUTES: . " (a) Minutes of the regular meeting held June 3, 1969 were approved as corrected. CORRESPONDENCE. [37] The Council acknowledged receipt of a letter from Mrs. LarsGn dated, June 8, 1969 regarding a health menace in Holiday Park. The Mayor stated corrective measures had been taken to dispose of this menace. ORAL COMMUNICATIONS. [63 3 Mrs. Westree, representjng Friends of the Library, was present and discussed the work this organization has done. She stated that the organiza- tion has purchased furnishings and equipment totaling approximately $10,000 for the library, which included chairs, tables, drapes, copy machines, etc. It was also noted that many citizens of the community gave the Friends of the Library many fine books. Mrs. Westree asked the Council to give serious considera- the library building. COMMITTEE REPORTS. Councilman McComas reported: , tion in tho budget for the erection of a sign for Water Systems Improvement Committee. Crnn. McComas hac nothing to report on this committee. Councilman Neiswender reported: Narcotics Committee. Cmn. NeisweRder stated that he had nothing to report due to a lack of a quorum at the last Narcotics Committee meeting. He hoped to have a report at the next Council mzeti'ng: Councilman Jardine reported: [ 281 AQdit & Finance Committee. Cmn. Jardine statec that he and Cmn. FlcComas had met with the City Planage and reviewed the proposed budget for the City and they basically agreed in principle. [ 59 ] Park and Recreation Commission, Crnn. Jardine stated that-the summer recreation progran for 1969 is now a reality. The Commission has alrezciy dis- tributed brochures describing the program. This program will provide a very full recreation program I I 1 i Present Motion Ayes -> r i ~ i I I 1 I CITY OF CARLSBAD CCX a -2- " \ 9& 0 I throughout the sumer weeks. Cmn. Jardirae presented an agreement between the City of Carlsbad and the Carlsbad Union School District relative to the summer recreation program. .By proper motion the agreement between the City of Carlsbad and the Carlsbad Union School District was approved and authorization was given for the Mayor to sign the agreeinent on behalf sf the City. Mayor Bunne reported: [ 681 League of Califorriia Cities. C"layor Dranne re- ported "Le next rneetl'ry of the league of Caljfornia Cities was Friday, dune 20 at the Atlantis Restaurani; which will be a workshcp veetinq. The discussion will relate to polide activities, specifically to the Palm Springs riot. Comprehensive $lanning-Organization. Mayor Dunne ha nothing to report on the Comprehensive Planning Organization. [ 971 Chestnut Underpass. Maycr Dunne reporte'd he had talked to Mr. Beckerna -From the State Division of Highways and inquired abGut the status of the Chest-. nut Underpass. Mr. Deckema stated he knew just what he read in the newspaper. The next step will be to have the matter presented to the State Highway Commission. Mr. Nartfn stated he ha4 contacted Congresszan Utt and was informed that the matter had cleayed the kvau ef Roads .in kilashington and has been forwarded to the Dfvisional !Offfce in Saerarient An attempt will be nade to contact Assemblyman Stull in Sacramento tomorrsw. Mayoy Dulone pointed out the approval cf this under- pass may mean a delay in the constructiGn of the freeway, but it will be to the City's benefit. Mayor Dunne complemented the Staff on the work they have done concerning this and he will be writing letters to Congressman L'tt and P.ssexblyxan Stull. PUBLIC HEARINGS: ( I 11131 (a) (Continuedj An agpeaii of the decision of the.Planning Commissioir! in denying a request for an amendment to a Specific Plan to remove limitations restricting auto-related uses on property located at Appellant: Paul Ecke. Mayor Dunne openeu the Public nearing and the City Clerk presented the original precise plan for the Council's review and read the resolutiol: of -the Planning Commissicn. Cmn. Neiswender stated that he h;d attended the Planning Commission meetins and the Commission felt that the corne? had enough g3.s stations and they could see no teason to amend the Specific Plan. the corner c-f Palomar Airport Ed, and Lowder lane, 7, I Motion Ayes 9 1. I I I i i a 0 - CITY OF CARLSBAD CWI -3- ” \ 95 Mr. Ecke was present and addressed the Council, Mr. Ecke explained why the property had been changed to C-2 zoning. About one year ago a small car deal- ership was interested in this property to put in a small car dealership. In order to do,this, it was necessary for him to request a zone change. This ca dealership never materialized and in the meantime, h has had the tax load for this property. Mr. Ecke felt it was necessary to get some business in to support the City taxes. r le Discussion was then given to splitting the property and Mr. Ecke felt this was the best use for the property because of the size of the lot, it is strictly commercial zoning so there can be no resi- dential areas, and it is in the Palomar Airport traffic pattern. He also stated that he would definitely not put in anything that would not benefit the City as he would also be hurt. Mr. Bruce Stallard, representing Mr. Ecke, was preset and addressed the Council. He also commented on the small car agency that never materialized. He ex- plained the frontage involved on these lots and felt that a gas station would be the only immediate use for it and it would not be practical to use it as a whole. I Cmn. McComas questioned if they had considered a motel or restaurant and Mr. Ecke said they planned this for another property they owned. Cmn. Neiswender questioned what the present zoning was and the City Clerk stated that it was now C-2 and that they were merely requesting an amendment to the specific plan. This explained why the taxes were so high since this was vacant property with commercial zoning, and suffers high tax without benefit of use. Mr. William Fergenson, representing Richfield Corp., was present and addressed the Council. He presented a colored rendering of the proposed gas station. He stated there would be no visable work bays. The entrance to these would be in the rear; which would give a nice’ appearance from the front. Mr. Fergenso discussed how this sjervice station would benefit the community and the fact that Richfield had studied the situation and felt this was a good location. They are willing to spend $100,000 to put in this improvement. n Mr. Harry Truax was present and commented that he felt that this was the highest and best use for the property and he was in complete agreement with the use. He felt this matter had not been properly presented to the Planning Commission and should be referred back to the Planning Commission for further consideration. Since there were no other persons present desiring to speak, the Mayor closed the public hearing with the unanimous consent of the Council. CITY OF CARLSBAD Lwr 0 -4- - -. 96 \ 1 - ~~ 0 ” 1 Cmn, McComas then commented on the fact that the City is faced with the same problem of working out a control on the number of gas stations. He felt that possibly this should be returned to the Planning Commission if it has not been properly presented. Mr. Ecke said that it had been presented in the same way to the Planning Commission and did not feel that this was necessary as they had turned it down merely because they did not want any more-gas stations. Cmn. Neiswender stated that if it. is the will of the Council he could see no problem in returning this to the Planning Commission, however he did not feel that it would result in any change. Cmn. Jardine stated that the City Council is a body to consider the factcs, weigh the differences and act accordingly. He felt that it would be very difficult to find something that would be a better e.conomic use for this property. Cmn. Castro felt the Council should agree with the study the oil company made and this should be a good location for a gas station. ‘Mayor Dunne stated the Planning Commission is working on an ordinance to control the number of.gas stations in the future, but it is now in the study stage and felt this was about the only use for- the property. By motion of the Council the appeal was granted, the Planning Commissions decision was overruled and the matter referred to the Planning Commission for further Motion consideration, due to the following reasons: Ayes It is the highest and best use for the property; It is strictly commercial property; It is in the flaight pattern of Palomar Airport: It is devoid of residential development; and It is located close to the freeway. Note: no resolution was adopted at that time. [112] (b) Notice for Removal of Weeds, Trash and Rubbish on properties within the City of Carlsbad. Mr. Priday was present and requested the Council to continue the public hearing until the next Council meeting in order to ‘give the City more time to contact the people involved. He stated that so far the City has had a very good response to this prograrr. By motion of the Council it was agreed to continue Motion this public hearing until July 1, 1969 at 7:30 P.M. Ayes Col. Bowen was present and addressed the Council, stating he did not feel his property should have beer posted or a letter sent to him. Mayor Dunne request- ed the City Manager to check into the matter and report back to the City Council at the next meeting. i ~ I e ~ 7 CITY OF CARLSBAD LWP -5- -. 97 P % \ ENGINEERING: [ 931 (a) Approval of plans and specifications for watertight door - Buena Vista pumping station. Mr. Span.0 addressed the Council and presented for approval plans and specifications for the watertight door-Bunea Vista Pumping station as outlined in Mr. Lill's memorandum dated June 10, 1969. Mayor Dun! stated this had been discussed at t.he Joint Advisory Committee Meeting and it is to safeguard 'the pumping station in the Buena Vista Lagoon fr,om flood waters. By motion of the Council it was agreed to approve th plans and specifications for the watertight door for the Buena Vista Lagoon, pumping station in an amount not to exceed $7,000.00, with the City's share being 44.3%, and authorization was given for the advertise ment of bids for this project. ne e - ~ Motion Ayes NEW BUSINESS: [27 ] (a) Proposal for audit of records for City of Carl sbad-fiscal year ending June 30, 1970-Carroll & Brantley, Associates. The City Council approved the proposal submitted by Wayne Carroll of Carroll & Brantley Associates for the audit of the records of the City of Carlsbad for the fiscal year,ending June 30, 1970,. as outlined in their letter of June 5, Motion 1969, and recommended by the City Manager. Ayes [lo61 (b) Resolution #1629, urging extended telephone coverage for North San Diego County. Mayor Dunne presented a letter from San Luis Rey dated June 5, 1969 concerning extended telephone coverage for North San Diego County which would be to the City's definite advantage. Discussion ensued and the following resolution was presented: Resolution No, 1629, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD URGING PUBLIC UTILITIES COMMISSION TO AUTHORIZE AND DIRECT EXTENDED TELE- PHONE COVERAGE FOR .NORTH SAN DIEGO COUNTY was Ayes adopted by title only and further reading waived. Motion OLD BUSINESS:. I The following ordinances were presented for a second reading : I [I131 (a) 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 adopted by title only and further reading waived. Motion Ayes I 0 0 0 .-r CI I Y ul- CAKLSBAD -6- -- [773] (b) Ordinance No. 9234. AN ORDINANCE OF THE CLASSIFYING FOR R-3 PURPOSES, ON PROPERTY LOCATED ON THE WESTERLY SIDE OF HARRISON STREET AT ITS INTER- SECTION WITH LOCUST AVENUE was adopted by title only and further reading waived. CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RE- [I131 (c) Ordinance No. 9235. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOP,TING A SPECIFIC PLAN OF PROPERTY LOCATED ON THE SOUTHEASTER LY SIDE OF EL CAMINO REAL, BETWEEN MARRON ROAD AND OSUNA DRIVE was adopted by title only and further reading waived. - [I131 (d) Ordinance No.. 9236. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RE- CLASSIFYING FOR C-1 <PURPOSES ON PROPERTY LOCATED ON THE SOUTHEASTERLY SIDE OF EL CAMINO REAL BETWEEN MARRON ROAD AND OSUNA DRIVE was adopted by title only and further reading.waived. CITY ATTORNEY'S REPORT: I c99 1 (a) ment Agre Attorney Request for release of Lot Split Improve- ement by Richard E. Geyer. The City presented a request for release of lot split improvement agreement from R. E. Geyer, owner of property located at 1251 Knowles Avenue, as outlined in the City Attorney's memorandum dated June 21, 1969. Mr. Geyer has requested to have this lein removed so that the property may be sold to buyers by the name of Barnhill. They will be using FHA financing which stipulates that no leins can be on the property. Barnhill will put in the public improvements at a future date. Cmn. McComas questioned what is to prevent Barnhill from selling the property after the escrow closed and the City Attorney stated that the agreement woulc run with the property. Discussion was then given to cash being deposited, rather than a bond, in the amount of $535.00, which is the current estimated cost of putting in the improvements. By proper motion authorization was given to the City Attorney to review this matter with the buyer and seller and that the waiver for public improvements be contingent upon a cash amount of $535.00 being deposited with the City to cover the'cost of improve ments. I [Ilo] Retail Water Sales. Mayor Dunne inquired as to the retail water sales. The City Attorney stated that the information requested by Mr. Wright had their attorney Friday to work out the information, been supplied and Mr, Wilson was going to meet with LW 98 \ , ~~~ Motion Ayes Motion Ayes Noes Motion Ayes Noes Motion Ayes 0 - 0 C;H Y OF CARLSBAD LW -7- ” 9 0, F 0 [ 411 Lawsuit re: Removal of Wrecked Automobiles. Mayor Dunne inquired about the Dix Lawsuit concerning wrecked cars, as it was difficult to’ complete the City Attorney stated that there was noth-ing new to report on this matter, as a trial date has not been set by the court. clean-up campaign with this lawsuit pending. The [ 41 ] Lawsuit re: Billboards. Mayor Dunne further inquired of the City Attorney the status bf the pending lawsuit in regards to bill boards and the City Attorney stated the court has not set a trial date as yet. [ 301 Housing Appeals Board. Mayor Dunne appointed R. R. Robinson, J. A. McKaig, Arthur Brown, Oakley Parker and George Meese, Jr. to the newly formed Housing Appeals Board in connection with the Housing Code. This is a 5 man board which may extend to 7. CITY MANAGER’S REPORT: I [ 291 (a) Presentation of 1969-70 Budget. The Mayor announced an adjourned meeting would be held on I Monday, June 23; 1969 at 7:30-P.M. to consider the budget. I I: 811 Lake Calaveras. The City Manager stated that he would have a report on Lake Calaveras at the next Council meeting. Mayor Dunne stated that he ha received a call from Mrs. Woolrich, Chairman of the Park & Recreation Commission concerning this matter and Mayor Dunne pointed out the City is merely con- ducting a study on the matter to see the best possible use of the property. Mayor Dunne requested that the City Manager send the Park & Recreation Commission the Bartle Wells Report for their informa tion. [ 251 Rancho Carlsbad Annexation. Mayor Dunne inquir ed as to the status of the Rancho Carlsbad Annexa- tion and the-City Clerk stated that the hearing will be held July 1, 1969. d - - [ 701 Surfing Ordinance.- Terramar Association. Cmn. Jardine reported that a proposal is being pre- pared for the Terramar Assoc. in regards to surfing activities on the Terramar Beach. 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 $129,940.58 and for the Water Department in the amount of $5,304.61 as certified by the Acting Director of Motion Finance and approved by the Auditing Committee. Ayes CI 1-Y OF CARLSBAD LW 0 -8- 100 5 t Ratification of the payroll was given for the first half of June, 1969 in the amount of $32,824.97 as certified by the Acting Director of ‘Finance and Ayes approved by the Auditing Committee. Motion ADJOURNMENT: .. By proper motion the meeting was adjourned at 9:50 P.M. to Monday,.June 23, 1969 at 7:-30 P.M. Respectfully submitted; M q&w 0 si I: