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HomeMy WebLinkAbout1969-07-15; City Council; Minutese. 8 \ e **. ... I. LI I Y OF CARLSBAQ. COI Meeting of: CITY COUNCIL (RegulafMeeting) &. p Date of Meeting: July 15, 1963 Time of Meeting: 7:OO P.M. 127 F'1,ace of Meeting: Council Chambers ROLL CALL - APPROVAL OF MINUTES: ALLEGIANCE to the Flag was given. INVOCATION was offered by Mayor Dunne. Present Motion (a) Minutes of the regular meeting held July 1,1969 were approved as corrected. Ayes (b) Minutes of the adjourned regular meeting -held Motion June 25, 1969 were approved as submitted. Ayes - CORRESPONDENCE: [ 41 J The City Clerk read a letter dated June 12,1969 from John P. McGill concerning excessive damage to the walls fronting on his and Mrs. Joan Frey's pro- perty as a result of the installation of sewer and laterals recently completed on lower Highland Drive. He requested the City to undertake the necessary procedures to rectify the damage to their property. By proper motion this claim was denied and referred Motion to the City's insurance carrier. The Engineering Ayes Department was also instructed to contact the contractor to see if possibly the contrac.tor should make this repair. [103] The City Clerk read a letter dated July 12,1969 from John P. McGill and 15 other property owners, concerning the repaving of Highland Drive in Septem,be\.. They requested the City to place impediments in the perpendicular to the axis of the street which would limit the speed to 25 mph, together with warning signs to this effect. Following discussion Mayor Dunne instructed the City Manager to refer this mattel, to the Traffic Safety Commission. [ 631 A letter was read from Lloyd Menke concerning his dissatisfaction of the library closing at 6:OO P.M. as he felt that something should be done about this. [ 631 A letter was read from the Library Board of Trustees dated July 15, 1969 stating the reasons why they found it necessary to close the library at 6:OO P.M. One of the reasons stated was because of lack of funds since the budget had not yet been approved and Cmn. Jardine stated that the budget not being stated that the Board has the right to set the hours, but this .is a public facility and he did not feel that restricting the hours at night was a good idea. Further, it was desirable to let the Council and the public know before they make such a move. Abstainec .. streets consisting of raised bars, or concrete laid approved did not result in any loss, Mayor Dunne I !?! <a I Ll I Y OF- GARLSBAD COC a -2- -. p 12,8 -7 ,. I ., * Cmn. McComas commented on a"number of correspondence he had received, which he would like to answer, however, the individual did not sign his name and Crnn. Jardine felt that the writer was a discredit .to himself if he did not think enough of himself to sign the correspondence, ELECTION OF VICE MAYOR. By a unanimous motion Cmn. McComas was re-elected to the position of Vice Mayor. COMMITTEE REPORTS: Cmn. Castro had nothing, to report. Councilman Jardine reported: [ 341 Audit and Finance Committee. The Audit and Finance Committee recommended in their memo of July 15, 1969 that the books of the Chamber of Commerce be audited by the City Auditor and that the City A'uditor recommend an appropriate, but not punative clontrol of the expenditures from the City to the Chamber so that the Chamber does not have an overrun clc-n di ti on . M'ayor Dunne asked Cmn. Jardine if this was motivated b:y anything that he had-discovered and Crnn. Jardine answered that this account was overrun by $2,000 which was not brought to light until these funds had been expended. B,y proper motion it was agreed to take no further action on the recommendation of the Chamber of Clommerce until the audit is made by the City Auditor .and that Mr. Carroll recommend a proper budgetary control, also during this interim period the expenditures by the Chamber should be cleared prior to payment being made. L'ater in the meeting Cmn. Jardine clarified this motion for the Chamber as there was some misunderstan Motion Ayes Motion Ayes - i mg . I [ 421 Key to the City. Mayor Dunne presented a Key to the City to Mrs. Westree in recognition for tile fine work she has done in the community, as well as being chosen "woman of the year" by the Carlsbad Women's Club, and she graciously accepted stating tha this was a great honor and hoped that she would continue to be worthy of it. t I [ 691 Park & Recreation Commission, The summer \ recreation program is in full swing. I I Councilman Neiswender reported. I [ 221 Airport Study. The Airport Study is underway by Arthur Little Company and should be completed in early October. .' September. Palomar Airport will be considered .separately and should be completed in September or -e Ll I Y OF CARLSBAD -3- - LUL 129 .! I I Councilman McComas had nothing to report. Mayor Dunne reported: [ 941 Parking Authority. The.re will be a meeting 'tomorrow at 2:OO P.M. of the Parking Authority, concerning bonds for the parking lot at May Company Plaza Camino Real. Discussion was then given to the sale of bonds and hopefully -the Government will raise the percentage to 7% which will make the bonds more marketable. Mr. Martin stated that Mr. Wilson had received a letter from Mr. Schreiner stating the bill was signed July 8 setting the interest rate at 7%. I PUBLIC HEARINGS: r I [I133 (a) (Continued) To consider an application for a zone change from R-1-7500 to P.C. (Planned Communit:~) and specific plan on property located on the north side of Tamarack Avenue between Highland Dr. and Margaret Way. Applicant: R. E. Geyer. \ 0 ". .. Mayor Dunne opened the Public Hearing. I The City Clerk read a letter from Harold F. Larson dated July 13, 1969 in which he stressed-the matter of government being the ability to meet the needs and to respect the judgment of the people; and the fact that the majority of the neighborhood through petition, letters and oral protests oppose this devel opment. A letter was read from Mr. & Mrs. John Goddard dated July 12 rejecting the Planned Community because of the zoning and felt it would establish a precedent for spot zoning in the now attractive residential location of the Ci.ty. A letter was read from Maurice Brunache dated July 10, 1969 protesting the Planned Community. He also enclosed a clipping showing that the Planned Cornmumit:! in Yorba Linda did not meet with the citizens approvi Mr. Flanders of 3765 Yvette Way was present and addressed the Council stating that he was spokesman for the petitioners. He indicated many of the residents who received notices visited the Planned Communi ties. However, these people did not see h0.w the Planned Communities could be compared to the proposed planned community since they were 4 to 6 times larger. They.were communities of 286 units, 260 units, and 160 u-nits as compared to the proposed 24 units: they were not directly adjacent to R-1 zoning; and also had something that made them a plann ed community such as a swimming pool , shopping center golf course, etc. Mr. Flanders and the petitioners felt the proposed planned community is nothing more than an apartment house, which would set a precedent and others would be built on 1, 2 or 3 acre sites. 1. I 1 ~ I I, I I e. \ 0 .I. .. ."i Ll I Y ut- LAKL3t)Al.I LU -4- -. p 130 I I ~ Mrs. Gordon Johnson of 3945 Highland was present and addressed the Council. She commented on the Bluffs in Newport Beach which was developed on a much larger scale with a park like atmosphere and is not in an R- I area. Mrs. Johnson was in favor of a planned communi i but fe'lt that it would be unfair to introduce Carlsba to the proposed planned community on the 2 1/2 acre site, as this is not the intent of a planned communitj or the procedure followed in any other city. Mr. Donald Shaffer, architect for the proposed development, was present and addressed the Council. He commented on the different planned communities. Me discussed the Loma Riviera in San Diego and said this is one he chose to. have people see so that they could see how this type of development does not belon in a multiple area. <Rancho Bernardo, on the other hand, shows a much better plan because it is not located in a multiple area. Pacific Bluffs, which was constructed in 1965, was zoned on 3 sides with R-1, however, since that time the zoning has changed to commercial and industrial, and a shopping center has been added. He then presented several points showing how the planned community would not a-ffect the residential area. He commented on the petitioners and had talked with some of these people, whose major complaint was they were afraid of losing their privacy. Howeve the walls of the planned community would be.12 to 15' above the yards 70' back so the residents of the planned community would just see the roofs of the surrounding area. He did not feel that the petitio'ne presented the case as truthfully as it should have been. C rb , 1' Cmn, Neiswender questioned Mr. Shaffer how long it would take for completion of this project and Mr. Shaffer answered approximately 8 months. Cmn. Neiswender asked if the developer had provided for financing and Mr. Shaffer answered that they had. John Mamaux was present and addressed the Council.' He questioned Mr. Shaffer in regards to the economica feasibility of zoning this type of property, and Mr. Shaffer stated they were not requesting R-2 or R-3. + Under the general plan 17 units are allowed which can be developed in a variety of ways. It would not be economically feasible to rezone the property R-3. They were presenting this as a better way to use the land. Mrs. Johnson questioned the number of people consider-, ed for this project and discussion was then given to a planned community. as to the average for a residential area as compared . ". VI I e VI bAi3L3OAV WV .. -5- .. .. -8 .. Mr. Flanders questioned how they would get 17 houses in this area when compared to what the other tracts in the area have. He stated the petitioners were .not opposed to 'planned communities but did not feel the proposed planned community resembles other planne communities. Mr. Shaffer answered that the developer must conform-to the planned community in terms of materials, characteristics of landscaping and the oth.er terms in the ordinance. . I C I Mayor Dunne closed the public hearing with the I unanimous consent of the Council. -1 -. 1 Cmn. McComas stated he had visited a number of these planned communities. H.e questioned the size of the proposed planned community as to location, however, he could not find anything that said it was not a planned community. He liked the plan but was not sure of the proposed location, I Cmn. Neiswender stated he and the City Manager had taken an entire afternoon to visit these planned communities and they felt this is definitely a new concept and is very interesting. He felt a planned community should be contiguous with a recreation center of some kind such as beach, golf course, or shopping center, etc. where there is a lot of activit He felt there was a place for -the planned- community but not the proposed location. Cmn. Jardine visited a number of these communities and enjoyed going through them, however, felt they should not be placed in an area where the majority do not agree with'this type of development. It was the job of the Council to provide the citizens with the best community possible through its elected official's. He did not feel the planned community was designed to undertake minimal size areas or to be placed as an island in different zones. He would like to have this kind of p,roject in Carlsbad so long as it does not create major community dissension I s* I Cmn. Castro stated he had ve.ry little to add. I Mayor Dunne asked Bob Johnstonabout the study that is being conducted in regards to zoning of the City. He felt that in the future there will be h'igh density from Highland down to the ocean but this is premature. He would like to implement this planned community in Carlsbad, but did not feel that this was the proper area. \ ,' -Cmn. McComas commented that one thing was over7.ooked and that was the general plan is not based on zoning but on density. 0 ... I .i :. 1 P 3.1 !$ f. si I .. '... I LI I Y OF CARLSBAB COL 0 -6- - \ 132 \ 0 By proper motion the application recommending the change for zoning from R-1-7,500 to PC on property located on the northerly side of Tamarack Avenue between Highland Drive and Margaret Way was denied and the matter was returned to the Planning Comm- .ission for further consideration and recommendation to the Counc-il. [112] (b) (Continued) Notice for removal of weeds trash and rubbish on properties within th6 City of Carlsbad. Mayor Dunne opened the Public Hearing and Mr. Priday presented a list of properties in regards to the weed abatement. Since there was no written protest and no persons desiring to speak, the Mayor closed the public hearin with the unanimous consent of the Council. h is cuss ion ensued and the following resolution was presented: Resolution No. 1628. A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF CARLSBAD ORDERING STREET SUPERINTEN- DENT TO ABATE NUISANCE BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED was adopted by title only and further reading waived. Mayor Dunne questioned if the Fire Department had surveyed the area between the curbs and sidewalks and Mr. Priday said they had and this was up to the home owners to clean the area fronting on their property, even though it was City property. However, the City would do it if it caused a hardship on the individual concerhed. Mayor Dunne also asked if the Fire Department had checked back yards and Mr. Priday stated this had been taken into consideration. EXECUTIVE SESSION: Mayor Dunne called An Executive Session at 8:28 P.M. and the regular meeting reconvened at 9:26 P.M. Mayor Dunne announced that the Executive Session was called to discuss personnel. RECESS: Mayor Dunne called a recess at 9:26 P.M. and the regular meeting reconvened at 9:34 P.M. ENGINEERING: There was nothing to report. PLANNING: [ 991 (a) Tentative map of Carlsbad Industrial Park. Mr. Spano, Assistant Engineer, advised the Council this map represented a portion of the tentative map ~ presented by Ralph Palmer in 1-968, as a portion of I ~ ~ ~~ ~- Motion Ayes Noes Motion Ayes i .. i CITY QF CARLSBAD Lvc -7- .. -0 .. : ~" 133 ! ~ ~~~~~~ * \ 0 ,.. .. .. .. .. f the property originally designated on the map has been sold. It contains 16 lots and the property is presently zoned "M". There will be one cul-de-sac street that can be extended at a future date. It has been recommended by the staff that 'full street improvements be constructed on El Camino Real and the subdivision be serviced by the City's water and sewer system. Mayor Dunne asked if this industrial park' was in the City limits and Mr. Spano answered it was. Crnn. Jardine asked if the various requirements had .been reviewed with the applicant and accepted, and Mr. Spano said they ha.d been, however, the developer had indicated he was not too happy with the require- ment for sidewalks but agreed to the condition imposed. I Cmn. Neiswender asked if the grading would conform with the grading to be done by the County on El Camino Real and Mr. Spano said the grade level had been established and the grading would conform. Discussion was then given to CMWD servicing this area, and it was pointed out it had given its approval in 1968. Discussion ensued and the following resolution was presented: Resolution No. 1635. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP OF CARLSBAD INDUSTRIAL PARK was adopted by title only and further reading waived. [ 991 (b) Tentative map of Laguna Riviera Subdivisior Units 4 through 9. Mr. Spano presented the tentative map for Laguna Riviera, and stated this map was a resubmission of the original map filed. The dev- elopers plan to improve the development in six incre- ments. Mayor Dunne questioned access roads and Mr. Spano stated traffic would go through Kelly Drive which was an 85' street and the Engineering Department ' felt this was adequate. However, there was also a sewer easement which is not a dedicated street but could be used in the case of an emergency. I .Cmn. McComas asked if the City had plans for acquir- ing a right-a-way and Mr. Spano stated only as the area is developed. Mr. Rombotis was present and stated when the develop er gave'the.City the sewer easement along Park Drive this was actually a 60' road easement, consisting of 30' from the property owner and 30' from the resolution was presented: Resolution No. 1636. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD, APPROVING TENTATIVE MAP OF LAGUNA RIVIERA, UNITS 4 THROUGH 9 was adopted by title only and further reading waived. developer, Discussion ensued and the following I I Motion Ayes Motion Ayes I 1 I CITY OF CARLSBAD COU -8- - f 13G NEW BUSINESS: e [ 301 (a) Resolution #1637, assuming responsibility for the enforcement of State Mobilehome Parks and related matters, The'City Clerk presented the follow ' inq resolution indicatinq that this resolution was I necessary as it will take care of the enforcement procedure that is necessary, and was not included in the original resolution, which pertained to structures only. Resolution No. 1637. A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF CARLSBAD ASSUMING RESPONSIBILITY FOR THE ENFORCEMENT OF STATE MOBILEHOME PARKS ACT AND RELATED MATTERS, was adopted by title only and further reading waived. r [loo] (b) Resolution #1638 authorizing and directing Mayor to execute agreement for collection of taxes and special matters. The City Attorney presented the followina resolution toaether with his memoran- dum dated Juiy 10, 1969 and-explained the County had installed data processing equipment, and they will collect the City's taxes and special assessmen-ts at no cost to the City, which will save approximately $3,600 per year, but the City will have to furnish the information to them in a machine reqdable form. Resolution No. 1638. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AGREEMENT FOR COLLECTION OF TAXES AND SPECIAL ASSESSMENTS ON BEHALF OF CITY was adopted by title only and further reading waived I Motion Ayes Motion Ayes [ 511 (c) Resolution #1639, authorizing and directin Mayor to execute San Diego County Mutual Aid Agree- ment f0.r Fire Department. The City Attorney pre- sented a resolution as recommended in his memorandum I \ 0 ... -.. dated June 10, 1969 which provides for a Mutual Aid Agreement for the Fire Department. Under this agreement any fire department in the County can ~ request assistance from Carlsbad and in turn Carlsba can request assistance from them in the case of a.n emergency. Cmn. McComas asked Chief Anear if this Mutuaol Aid was agreeable with him and the Chief stated he highly recommended this agreement. It was also noted that sendi-ng aid would be completely at the Chief's discretion and he would have the right to decline. Discussion ensued and the following resolution was introduced. ( Resolution No. 1639. A RESOLUTION OF THE CITY COUNCI. OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAN DIEGO COUNTY MUTUAL AID AGREEMENT FOR FIRE'DEPARTMENTS ON BEHALF OF CITY was adopted by title only and further reading waived i Motion Ayes I CITY OF CARLSBAD COL -9- 7 0: I 13% 0 \ 0 OLD BUSINESS: The following ordinances were presented for a second reading : .[43 ] (a) Ordinance No. 9239. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, BY AMENDING ARTICLE 5 SECTION 500, SUBPARAGRAPH 3, AND ADDING SUBPARAGRAPH 23 AND 24 TO ARTICLE 14, SECTION 1400, REGARDING GREENHOUSES AND PACKING AND SORTING SHEDS. was adopted by title only and further reading waived. [113] (b) 0-rdinance No. 9240. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SPECIFIC PLAN was adopted by title only and furttier reading waived. [ 251 (c) Ordinance No. 1115. AN ORDINANCE OF THE CITY OF CARLSBAD APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN PROPERTY DESIGNATED "EAST CARLSBAD ANNEXATION N0..2.9" was adopted by title only and further reading waived. 1 CITY ATTORNEY'S REPORT: 3s [41 ] (a) Claim for damages - William Clayton. The Ci-ty Attorney reported Mr. Will iam Clayton has filed suit against the City for damages in the -amount of $2,500 for alleged damage done to his property by reason of improper maintenance of a drainage ease- ment. This claim was previously denied by the City Council. He suggested that the Council authorize the insurance carrier to take whatever steps are ' necessary to protect the City's position in this 1 matter. By motion of the Council authorization was given for the City"s insurance carrier to take whatever steps are necessary to protect the City's position in the suit filed by William Clayton. I EXECUTIVE SESSION: The City Attorney requested an Executive Session. P.M. The meeting reconvened at 10:15 P.M. and the Mayor announced the Council discussed possible litig The Council adjourned to the Mayor's office at lO.:lO I CITY MANAGER'S REPORT: [ 81'1 (a) Study of Lake Calaveras. The City Manager stated he was requested to obtain proposals on the use of Calaveras Lake. Two propos.al s have been received. The firms who submitted the proposals wer Caldwell Banker and Economic Research Associates. The Mayor requested copies of the reports sent to each member of the Council for their review. [74 ] (b) Study of Salary and Job Classifications. Two proposals have been received for a study of the salaries and job classifications. Mayor Dunne requested that copies of the two proposals be given to the members of the Finance and Audit Committee. Motion Ayes Motion Ayes Motion Ayes Motion Ayes ation. e ,. e \ e LII Y OF CARLSBAD -1 0- -r [ 29 ] (c) Preliminary Budget for fiscal year 1969-70 The Mayor announced the budget hearing would be held on Tuesday, July 22, 1969 at 7:30 P.M. in the Librar Conference Room. 1 [ 1191 (d) Ponto Farms - re: Water Rates. The City Manager informed the Council a letter dated June 17, 1969 was received, stating they were the Lessees of agricultural ground in the.City of Carlsbad. They noted recent newspaper articles have indricated there will be a 30% increase in water rates, and asked if this increase would apply to the property they are leasing. Also they were advised that neighbor- ing ground serviced by the City of Carlsbad and owned by a major landowner receives special rates. They requested that due to the limited usage of their property theycnot be subjected to the increase in water rates, and if it is true the adjoining areas receive lower rates that Ponto Farms be given comparable consideration. The City Manager stated.he knew of no property owner that received special consideration. Mr. Bob Neely, Forman of the Water Department, advised the Council Mr. Ecke does receive a lesser rate for agricultural water as this was part of an agreement he had with the Terramar Water Company, and when the City pur- agreement. The City Manager was instructed to in- form Ponto Farms of this informafioa. chased the water company, the City assumed this ! ! ) I [ 1oq HUD Program. Mayor Dunne announced there would be a meeting Monday, July 21 , 1969 to discuss the Workable Program in connection with the HUD application. AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I 1 ~ I Authorization was given for the payment of bills for the general expenses of the City in the amount of $37,443.10 and for the Water Department in the amount of $2,375.77 from July 1, 1969 to July 16; 1969 as certified by the Acting Director of Finance and approved by the Auditing Committee. Ratification of the payroll was given for the first half of July, 1969 in the amount of $36,661.56 as certified by the Acting Director of Finance and approved by the Auditing Committee. ADJOURNMENT: 1 The meeting was adjourned at 10:40 P.M. to Tuesday, July 22, 1969 at 7:30 in the Library Conference l Room. ~ Respectfully submitted, ~ 2qf MAR AR'ij '44 dY@& E. ADAMS, City Clerk ~ 2qf MAR AR'ij '44 dY@& E. ADAMS, City Clerk I I I 1 I COI 1 136 ' ~~ Motion Ayes Motion Ayes