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HomeMy WebLinkAbout1969-08-05; City Council; MinutesCITY OF CAHLSBAD LW Meeting of: - 83 CITY COUNCIL (Regular Meeting) Date of Meet3.n.g: August '5, 1969 \ Time of Meeting: 7:OO P.M. t4L d Place of Meeting: Council Chwbers ROLL CALL Present Absent INVOCATION was offered by Mayor Dunne. AL.LEGIANCE to the Flag was given. Councilman Castro was present at 7:04 P..w. ' Ayes July 23, 1969 were approved as submitted. I Motion (b) Minute's of the adjourned regular meeting held Ayes were approved as submitted. Motion (a) Minutes of the regular meeting held July 15, 1969 . APPROVAL OF MINUTES: I CORRESPONDENCE: r [ loa A let Charter Mor cerni ng way Mayor Dunne ter was received from Nolan Francis of tgage Company dated July 22, 1969, con- s and means of providing low cost housing. commented that the Council was vitally inierested in this and requested the City Manager to matter. direct the Planning Department to look into this ORAL COMMUNICATIONS: ~. I \There were no oral communications. I I COMMI JJEE REPORTS : I ICouncilman Neiswender reported: 1 [ 91 ] 4-year College North San Diego County. A meeting was held on July 18 at Mira Costa College, which he attended.for the Mayor, to investigate and consider the ground work necessary to prepare and pave the way for establishing a 4-year college in North San Diego County. The factors that were taken into consideratior by, representatives of the State were accessibility adequate'houslng, water, sewer, climate, good govern- ment, and atmosphere. Cmn. Neiswender stated that the minutes of the meeting wi7l be turned over to Mayor Dunne. He mentioned that it was necessary for North County to show the State that it would be far more to their advantage to establish a 4-year college here rather than Orange County, where they are also consid- ering a site. .li to the site, land availability, recreational activities, I Councilman Jardine repotted: ,a I$ . 0 .I [ 281 Audit and Finance Committee. Bj proper motion the bid submitted by Griffenhagen and Kroeger, Inc. relative to a personnel ordinance, personnel rules and regulations, and salary plan was accepted. Magor Dunne questioned the cost and the time schedule The City Manager stated the cost would be $3600 as they .. had originally quoted in November, and the tii.me schedule would be 3 months. 1 Motion Ayes CITY OF CAHLSBAD LOU -8, -2- e" l43l \ Cmn.. Jardine commented that it was necessary for the work to be done by a disinterested party and he be- lieved that Griffenhagen and Kroeger would be well qualified. €6.9 7 Parks and Recreation Commission. The summer recreation program was very successful and the Com- mission was very pleased. The next meeting will be the 13th of August in 'the Library Conference Room. Councilman Castro reported: [34 ] Chamber of Commerce. Cmn. Castro had not rev'iew ed the Chamber of Commerce report and requested this t.0 be held over until the next Council meeting. Mr. Martin stated the amount had been reduced from $26,00 to $21,825 but he had no% yet checked the individual i tems. ' Cmn..Jardine asked if the audit of the Chamber of Commerce's books had been performed and Mr. Martin stated it had not as the City Auditor was working on the audit for Imperial Beach and he hoped to have it by the next Council meeting. Cmn. Jardine was inter- ested as to how the overrun was charged back into the books and Mr. Martin stated that the audit will cover this. Crnn. Neiswender stated-he would like to work with Crnn. Castro concerning this matter. Mayor Dunne reported: [ 1oq HUD Program. Mayor Dunne stated he attended several meetings with Mr. Martin, Mr. Priday, Mr. Osburn and Mr.. Olinghouse in an effort to complete th workable.program application, which is necessary be- fore the City can get into the HUD program. He menti ed that Vista has appointed a redevelopment agency an questioned Mr. Priday concerning this. Mr. Priday stated there was no great urgency at this point to do this as the Council acts as the redevelopment agency and t'his will be brought up at their next meeting. Mayor Dunne stated that the City is going to strictly enforce the housing code and the City Manager has all the necessary ordinances to do this, however, the biggest problem is providing housing for the people who will be displaced. (PUBLIC HEARING: I m [ 431 (a) To consider an Amendment to Ordinance #go60 by adding subparagraph 25 to Article 14, Section 1400,' regarding Veterinarians and Small Animal Hospitals; said amendment being initiated by Resolution #66 of the Planning Commission. 0 Mayor Dunne opened the Public Hearing and the City Clerk presented the affidavit of publication. ... 1- c31 "." y (j k- CARLSE3AD m -8 -5- P-' 5- 0 .. Mr. Olinghouse addressed the Council and recommended the ordinance which allows veterinarian and small animal hospitals in industrial zones b.9 amended to permit veterinarian hospitals under a condigional u.se permit in commercial and industrial zones. Mr. H. C. Gregg, Veterinarian was present and address ed the Council. He felt. this was a good amendment as most cities are behind times as far.'as vetgrinarian hospitals are concerned. He stated the modern day clinic is not offensive, has good sound proofing, and is quite attractive. Mayor Dunne asked if this included open runs and Mr. Gregg stated tha,t it did not. Mr. Gregg also mentioned that most veterinarians are not interested in boarding and simply offer professional services. Mayor Dunne closed the Public Hearing with the unanimous consent of the Council and the following ordinance was presented: Ordinance No. 9241. AN ORDINANCE OF THE CITY OF- CARLSBAD ADDING SUBPARAGRAPH 25 TO SECTION 1400 OF ORDINANCE NO. 9060 REGARDING VETERINARIANS AND SMALL ANIMAL HOSPITALS was given a first reading by title only and further reading waived. ENGINEERING: - [93 ] (a) Approval of contract for installation of a watertight door at Buena Vista Pumping Station - re: Joint Sewer System. Mr. Cook addressed the Council and stated only one bid had been received from J.T. [93 ] (a) Approval of contract for installation of a watertight door at Buena Vista Pumping Station - re: Joint Sewer System. Mr. Cook addressed the Council and stated only one bid had been received from J.T. Brown Cement Cimpany in the amount of $4060, total cost being $5730. It was noted that Vista's shard was 551.7%~ Carlsbad's share was 44.3% and funding would come from bond monies. By proper motion the bid from J. T. Brown Cement Company as outlined and recommended in the City Engineer's memo dated July 31., 1969 was accepted. [llo] (b) Approval of Agreement with State Divisio of Highways for relocation of water facilities. By proper rno-tion the agreement with the Division o Highways for the relocation of water facilities on the State Route 76 at Carolyn Circle and Airport R was approved, as recommended by the City Engineer in his memo dated July 21, 1969, and authorization given for the Mayor and City Clerk to execute the subject agreement. n f d. wa [ 47 ] (c) Lots 3 and 4 Buena Vista Gardens. The City Engineer addressed the Council and stated that he could find no engineering justification at the present time to correct the street grade fronting on Lots 3 and 4 of Buena Vista Gardens. Mayor Dunne questioned the cost and Mr. Cook stated that he es- timated the cost at $7500. - S LvL \ -1q 1 Motion Ayes Motion Ayes Motion Ayes i I 8 CITY OF CARLSBAD -4- cot \ 145 e - t Cmn. Neiswender stated that what would benefit this particularly small area would not benefit the rest of th,e area and felt that the entire grotip should instigate a 191 1 Act Proceeding for the benefit of all. Cmn. Jardine commented that from a legal standpoint this would put the City in an awkward position, as it would set a precedent for li ke problems all over the City. Col. Southwell of 2411 Buena Vista Circle addressed the Council. He discussed his letter of 18 July and 29 April and Mr. Martin's letter of July 1 and May 7. He stated thathe has received nothing but promises and the work has not been done. He dis- cussed the problems ;this drainage h,as caused and his ideas for. correcting it. Mayor Dunne inquired when the 5uena Vista Gardens was developed, and since it was before 1952, it was noted that the building requirements were under the County and they did not require the subdividers to put in curb, gutters, and sidewalks. At the present time the lots would cost more because the City re- quires a11 these improvements. Mayor Dlnnne also asked if any attempt had ever been made to start a 1911 Act and Col e Southwell stated they were never able to get enough people together. Mayor Dunne stated that the only solution would be a 1911 Act to provide curbs, sidewalks, and gutters. M t m i ayor Dunne asked the City Manager if he recommended his project, and the Cfty Manager stated he recom- ended against it, because it was a minor inconven- ence for a few individuals as compared to the 14,00( in the City. RZCESS: Mayor Dunne called a recess at 8:26 P.M. and the regular meeting reconvened at 8:37 P.M. I By proper motion Col. Southwell's request was denied for this year with the problem to be reviewed for the 1970-71 budget, and i.F the City is able to suppor a project of this sort, that it be included inthe budget. [gg ] (d) Drainage Easement Lot 3. By proper motion a 15' drainage easement against a portion of Lot 3, Laguna Mesa Subdivision was accepted, and au-thoriza- tion was given 30 quit claim the slope easement as outlined and recommended tn the City Engineer's Motion Ayes Motion Ayes CITY OF CARLSBAD Co( 8 -5- z HA: \ .. 0 .... ... ., -F PLANNING: C1.131 (a) Report from Planning Commission concerning request for reclassification and specific plan of .property located on Tamarack West of Highland Drive Applicant: R. E. Geyer. The Planning Commission's report dated July 23, 1969 was presented. Discussio .ensued and the following resolution was presented: C1.131 (a) Report from Planning Commission concerning request for reclassification and specific plan of .property located on Tamarack West of Highland Drive Applicant: R. E. Geyer. The Planning Commission's report dated July 23, 1969 was presented. Discussio .ensued and the following resolution was presented: n Resolution No. 1630. A RESOLUTION OF THE CITY COUNCIL IFICATION AND SPECIFIC PLAN OF PROPERTY LOCATED ON TAMARACK WEST OF HIGHLAND DRIVE. was adopted by title only and further reading waived. NEW BUSINESS: OF THE CITY OF CARLSBAD DENYING REQUEST FOR RECLASS- r [ 78 ] (a) Resolution #1641 approving contract to all0 California Highway Patrol to use police pistol range. The City Attorney presented an. agreement with the California Highway' Patrol and the City as outlined in his memorandum dated July 22, 1969 whereby members of the local Highway Patrol area command will use the Police Pistol range for the coming year. Discus- sion ensued and the following resolution was presente Resolution No. 1641. A RESOLUTION OF THE CITY OF CARLSBAD APPROVING C'ONTRACT ALLOWING CALrFORNIA HIGHWAY PATROL TO USE POLICE PISTOL RANGE was adoptec by title only and further reading waived. [log] (b) Ezra M. Coppin - re: Request for relief of requirements from existing ordinance regarding set- back and landscaping. Rev. Coppin addressed the Council and reauested relief from the existinq ord- inance regarding set-back and landscaping as-outlinc in his letter dated July 7, 1969. He stated that duc to a misunderstanding he put in 1050 sq. ft. of black top that was not necessary and rather than tearing il out, wanted to put in tree wells and plant trees. Mayor Dunne questioned the requirement for landscap- ing and Mr. Olinghouse stated there was a 3% require- ment. Cmn. Jardine noted that the planned addition of trees should take care of this requirement. By proper motion the request for relief from the requirements was granted and authorization was given to place tree wells across the front 10' so that trees may be planted. [ 671 (c) Approval of contract between Municipal Codc Corp. and the City for recodification of ordinances. By proper motion the contract between the Municipal Code Corp. and the City for recodification of ordinances was approved subject to setting a dollar- amount not to exceed $67QO, and authorization was given for the Mayor and City Clerk to sign the contract. existing ordinance regarding set-back and landscapin: c I\ I " I I - ?1 ? 9 2 - - Motion Ayes Motion Ayes Motion Ayes Motion Ayes CITY OF CARLSBAD. COC 8 -6- zm \ - ~~ b e - [ 86j (d) Fox's Snug Harbor - re: Request for over- night privileges. By proper motion permission was granted to Fox's Snug Harbor for overnight parking, not to exceed 15 units for the dates and groups out- lined in Mr.,Fox's letter of August 5, 1969. Motion Ayes Cmn. Neiswender commented that there has been dis- tasteful information regarding violators of this overnight parking and. noted that this would be check- ed out. OLD BUSINESS: I [lo61 (a) Underground Utilities District. Mayor Dunne inquired about the motion made by the Central Busines District Action Commission concerning a public hear- ing to extend the limits of the Underground Utilities District, requesting SDG&E to carry over the under- ground district funds until next year, and notifying the people the connection date. would be postponed. The City Attorney stated that this will be taken up at the next meeting. > [lo31 (b) Traffic Safety Commission. Mayor Dunne questioned the items that were to have been discussed I by the Traffic Safety Commission concerning Highland Drive, and Mr. Martin reported the Commission did not have a quorum and therefore have not'had a meet- ing since the last Council meeting. [I 121 (c) Abatement. Mayor Dunne asked Mr. Martin to comment on abatement. Mr. Martin stated there will be a sanitary inspector and his responsibility will be to try to correct any obvious nuisances and report back to the Director of Public Works. A complete procedure will be set up so there will be inspections follow-up, and legal actrion taken when necessary. Discussion was given regarding the ice cream vendor at the high school and Mr. Martin stated the vendor has had a litter basket but most of the children do not use it as they throw the trash away further down the street; however, he stated the vendor does a good job of policing the area. . 3 CITY ATTORNEY'S REPORT: I [I063 (a) Undergrounding of Utilities. By proper h-o'cion authorization was given for the Mayor to sign on behalf of the City a 1e.tter requesting the public utilities to continue its program of requiring the undergrounding of utilities and requesting that additional funds be required to fund these projects as recommended by the City Attorney in his memorandu dated July 28, 1969. c Sh me ' th of mo 19 - 451 op. nt a e Pa Agu nth 69. (b) w The Ci 11 owing rking 1 a Hedio begi nni Cmn. J rova tY A the ot b nda ng ardi 1 of Lice ttorney p operatio etween th Lagoon in May 1, ;19 ne asked nse res no ei th 69 if - Agreemen ented a 1 f the bai nlet and e amount and endin there hav t - re: Bait icense agree t stand on out1 et chann of $79.00 pe g September e been any m Motion Ayes - m el s 30 3 r -I* -8. a 0 <I .r CITY OF CARLSBAD COl ' -7- tp: ! complaints concerning this operation, and the City Manager stated that it should be under very rigid rules and regulations and the appearance should be improved. By proper motion the license agreement was approved to continue no longer than the remaining three month period with the stipulation that it be thoroughly reviewed by City Staff before being presented next Motion season. Ayes CITY MANAGER'S REPORT: I [ 811 (a) Lake Calaveras Study. Proposals have been to determine the existing land value and the potentia land use. ' After considerable discussion, the Council agreed to review the two proposals and to discuss the at the next Cou.nci1 meeting. Cmn. Jardine stated that there was going to be a combined meeting Wednesday, August 13 which he felt would be a good time to dis- cus-~ this matter, and requested copies of the two pr-oposal,~ sent to the Park & Recreation Commissioners submitted by two interested parties, The study is 1 [' 291 (b) (Continued) Preliminary Budget for fiscal .year 1969-70. Th@ City Manager presented a memoran- dum setting- forth some of the changes proposed for the Water Department budget, together wi€h an item- ized 1 ist referred to as Exhibit "A" , of the various water projects for the coming year. Reference was made to Page 103 and 104, showing a of $321,500, and to Page 105 under Water Main Capital Outlay. The City Manager stated that all anticipated 1969-70 expenditures had been changed to indicate the funds necessary for work in connection with Inter- state 5 at a cost of $.39,406, and for work on Cannon Road at a cost of'$29,000, making a total expenditure for these two projects of $68,406 instead of $110,000 By making this change a fund balance of (94,207 is anticipated instead of $1,200 ending fiscal year June 30, 1970. aotal expenditure for Materials, Supplies and Service > Mayor Dunne inqufred about the work to be done on Pi0 Pic0 Dr., and Bob Neeley, the Water Department Foreman, advised the Council the State would not be , ready for this work to be done until July of 1970. i Reference was made to Exhibit ''A" and the Mayor aske if bond monies would be used for any of the items be used from th,e bond monies. Mayor Dunne also in- quired as to monies being budgeted for engineering fees in connection with the water rehabilitation program in the event bonds were not sold, as it was his understanding that approximately $110,000 would be due to the engineering firm around January 1,1970 listed, and Mr. Neeley stated only about $3,000 woul d d I. Mr. Martin informed the Council there were monies in the Reserve Fund to take care of this expenditure in the event bond monies weye not available at that time. However, it would mean the Water Department would be operating under a substandard condition. .. .I L CITY OF CARLSBAD Co( 8 f 7 -8- 1. After further discussion, the Mayor requested the Water Department budget deferred for further study until the next regular meeting.. AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. Authorization was given for the payment of bills for the general expenses of the City in the amount of $79,258.51 and for the Water Department in the amount of $33,316.42 from July 16 to August 1-, 1969 as certified by the Acting Director of Finance and approved by the Auditing Committee. Ratificatiqn of the payroll was given for the second half of July, 1969 iq the amount of, $39,753.65 as certified-by the Acting. Director of Finance and approved by the Auditing Committee. ADJOURNMENT: By proper.motion the meeting was adjaurned at 9:30 P.M. to Wednesday, August 13, 1969 at 7:30 P.M. in the Library Conference Room. Respectfully submitted, % 0 .-. ... ... ., .. I -. :&&$ /4.SeD Motion Ayes Mot: on Ayes Motion Ayes