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Home My WebLink About1970-01-06; City Council; Minutest .. L B. Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 6, 1970 TIME. OF MEETING: 7:OO P.M. Place of Meeting: Counci 1 Chambers ~v"~&-aw*~~+i~~~~*. ROLL CALL INVOCATION: was offered by Mayor Dunne ALLEGIANCE TO THE FLAG was given. APPROVAL OF MINUTES: Minutes of the 1969 were app ORAL COMMUNICATIONS: (a) Subdivision Re.quirements: Mr. Richard Geyer, Developer of Carlsbad Manor Subdivision, addressed the Council and requested clarificatio of the Subdivision Ordinance concerning utility poles. He stated that the former City Engineer requested an additional 9 foot street dedication on Park Drive. By dedicating -the additional right of way, this placed the existing utility poles in the City's right of way. Mr. Cook,' City Engineer, is requesting these poles moved and placed underground which could mean an added cost of approximately $10,000. Mr. Geyer point- ed out the houses fronting on Park Drive will be served by underground utilities ,' but he did not feel he should have to bear the cost of placing the poles underground. Discussion was held as to how the three resi- dences on the opposite side of the street would be served if the poles were placed underground. The City Engineer stated two of the homes could be served by one pole. However, he recommended the third residence be served by underground utilities and the City contribute towards the cost of this service. Mr. Geyer objected and stated it would be illeg- al for the City to .contribute for services on private property. Also in the past it has been the policy that if there were existing facilitie on the street, the existing poles remained. The City Attorney informed the Council that the O'rdinance was not too clear. The question is by moving the poles back, are they still- consid- ered "existing" facilities. Fol 1 owi ng fu the matter b journed to F for the purp of the site. \* I1) CITY OF a 0 CBUWI11 4 " I -2- [30] (c) Small Animal Clinic: Mr. Mamaux informe the Council that due to a previous commitment, he would be unable to attend the hearing on the. Small Animal Clinic, but would like to go on record as ppposing the request 1 5- COUNCIL COMMITTEE REPORTS: c221 (a) Airport Systems.: Mayor. Dunne reported that a Public Hearing on the expansion of Paloma) Airport has been scheduled for January 22, 1970, at the Carlsbad High School cafeteria and that notice would be pub1 ished as well as invitations sent to neighboring North County cities and interested individuals. n [82] (b) Air Pollution Complaint.. Mr. John Mamaux, 1393 Basswood Ave. , .made reference to an article appearing in the Blade. Tribune on Air Pollution. Unfortunately, on Monday a large bundle of trash placed on City property was burn ed by City forces. It was his feeling that if the City can burn, then everyone should be able to burn their trash. Further, every day the S.D.G. & E. Co. is polluting the City's atmos- phere. This company as well as the Burrough's plant should be contacted in this matter. Mayor Dunne announced he had received many calls on December 31st regarding the air pollution, an requested the City Manager to check into this matter as soon as possible. [69] . (b) Parks and Recreation Commission: The Mayor announced the appointment.of Mr. Gordon H. Sears to fill the vacancy on the Commission due to the acceptance of a letter of resignation from Mr. Sal vatore Martorel 1 i . E831 (c) Public Works: Nayor Dunne requested that the parking lots of the local super markets be inspected for compliance with the. City Litter Ordinance since they had heavier traffic during the hol i days. 1- . PUBLIC HEARINGS - 7:30 P.M. I r1 1'33 (a) Request for amendment'to the General Plan to permit a maximum of ten (10) dwelling d units per acre instead of seven (7) and change of zone from R-A 10,000 to Planned Community . . . . . . __ . . _. - - - . - . . - . - . . - - - - . . . - . . - Applicant: Allan 0. Kelly. with an adootinn of a Master Plan- ~- Mayor Dunne opened the Public Hearing and the City Clerk announced that there were no written communications. Mr. Kel.ly addressed the Council stating that this' would be a planned community zone and precise plans would be presented to the City for approval. It is their intention to aim at rental units keeping costs down. Rentals would be from $100 I ,e i. CZTY of CARLSWD COUNGU A D L-%wmfta t stmy -3- January 6, 1969 @ per month to $175 per month. -They do not intend to sell the development but plan to retain and maintain the property i-n a prciper manner. Mr. Kelly further pointed ou-t that .there is a short- age of this type of housing .in Carlsbad, the cos of housing is rising all the time, and he feels the community needs a broad spectrum in housing. Following discussion, the Public Hearing was closed and the following Resolutions and an Ordinance were presented: 'Resolution No. 1677. A RESOLUTION OF THE CITY OF CARLSBAD, AMENDING ?HE GENERAL PLAN REGARDING APPROXIMATELY 47 ACRES LOCATED SOUTH OF EL CAMINO REAL AND EAST OF THE SOUTHERLY TERMINUS OF KELLY DRIVE was adopted .by title only and further reading waived. Resolution No. 1678. A RESOLUTION OF THE CITY ' OF CARLSBAD, ANNOUNCING FINDINGS AND DECISIONS REGARDING CHANGE OF ZONE FROM R-1-10,000- AND R-A-10,000 TO P-C (PLANNED COMMUNITY) ZONE, AND ADOPTION OF A MASTER.PLAN, ON PROPERTY LOCATED SOUTH OF EL CAMINO REAL AND EAST OF THE SOUTHER LY TERMINUS OF KELLY DRIVE was -adopted by title- only and further reading waived.' Ordinance No.. 9248. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RE- CLASSIFYING FOR P-c (PLANNED COMMUNITY) PURPOSE: ON PROPERTY LOCATED SOUTH OF EL CAMINO REAL AND EAST OF THE SOUTHERLY TERMINUS OF KELLY DRIVE was given a first reading by title only and. further reading waived. E571 (b) Request to consider an Amendment to thc General Plan by adding a Housing Element. 'Mayor Dunne opened the Public Hearing and the City C1 erk presented the. Affidavit of Pub1 i ca- .ti on. Mr. Joe Ohlinghouse addressed the Council stat- ing that the State law requires every city hav- ing a General Plan to adopt a Housing Element. The Housing Element is a general guide to pro- vide goals and objectives to remedy the housing problems and appl-ications. He stated that the advice of groups, individuals, developers, realtors, etc., has been solicited in developin! the Housing Element and it is an attempt to meel needs as they come up. The Housing Element pro- motes planned communities. . Mr. Olinghouse made reference to page 40 of the "Housing Element" text as to specific recommendations. Mr. Tony Howard Jones, Chairman of the Cornmunit: Invol v-ement Committee addre,ssed the Counci 1 recommending that the City Council approve the Housing Element. \ -* .- CiTY OF CARLSBAD CQUR COUNCIL OF THE CITY OF CARLSBAD, AMENDING,THE GENERAL PLAN BY ADDING A .HOUSING-ELEMENT was HO'USING AUTHORITY: The City Council reconvened at 9:lO P.M. 1. Report from Planning Commission and CBDAC on the appeal of the decision of the Plan- vel t Street. Mr. Nick Sauer, Attorney for the Appellant, addressed the Council requesting a continuance to.the next meeting due to the absence of two members of the Council. After discussion the Appeal' was continued to the next m'eeting of the Council as requested. C S $ 1 < 3Wf ,* CITY OF- c2v"SWsD ceuhau A D -5- January 6, 1970 ~~i &@ 5 = \$i-v .. t 1 I .,Gsac+. I Resolution No. 1673: A RESOLUTION OF THE CITY <; COUNCIL OF THE CITY OF CARLSBAD GRANTING AN APPEAL AND GRANTING A VARIANCE REGARDING SIGNS was adopted by title only and' further reading Motion wai ved. (Ayes (c) Public Works: None 10- NEW BUSINESS: .. for copies of city documents and adding a 256 per page fee for other documents. -I Mayor Dunne requested cl-arification on the deci- sion of the previous meeting regarding fees to be charged for copies ordered prior to the approval of the schedule. The. City Attorney stated that the Council could set a reasonable . fee or waive the fee since no fee had been formerly established. After ,discussion, the following Resolution was presented: Resolution No. 1681. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, FIXING CHARGES FOR COPIES OR ORDINANCES, RESOLUTIONS, MAPS, REPORTS AND OTHER DOCUMENTS WAS ADOPTED by title only and further reading waived. It was further agreed since a fee schedule had not been adopted at the time the documents were requested by Mr. Mamaux, that the fees would be waived and the fees be charged in accordan,ce with the schedule for all future requests. i Motion Ayes 11 - ORDINANCES FOR ADOPTION: I I: 251 (a) Ordinance No. 9245. AN ORDINANCE OF THE CITY OF CARLSBAD, ADOPTING SPECIFIC PLANS SUBJECT TO ANNEXATION OF PROPERTY TO THE CITY OF WEST, SOUTHWEST, AND SOUTHEAST QUADRANTS OF INTERSTATE #5 AND POINSETTIA LANE was given a second reading and adopted by title only and further reading waived. (H & B Development) CARLSBAD, ON THREE PARCELS OF LAND ON THE NORTH- (b) Ordinance No. 9246. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANTING A PRE-ANNEXATION CHANGE OF ZONE FROM COUNTY ZONING TO P-c (PLANNED COMMUNITY) ZONE, ON PROPERTY LOCATED EAST OF INTERSTATE #5 AT POINSETTIA LANE AND BETWEEN CARLSBAD BOULEVARD AND THE A.T. & S.F. RAILROAD AT POINSETTIA LANE was given a second reading by title only and further reading waived, and adopted. (H & B Development) I I Motion Ayes Motion Ayes (c) Ordinance No. 9247. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANTING A PRE-ANNEXATION CHANGE OF ZONE ,FROM i I I t791 (a) Proposed fee schedule for copies of City documents. The City Manager presented Resolution No. 1681 setting forth a fee schedule I 4. 6. "* . -6- by title only adopted. (H & B Development) 12- CONSENT CALENDAR: 1. Communications Advisory - For Filing: (a) A letter from Charles J. Conrad,Speaker Pro Tempore, Assembly, California Legislature, soliciting ideas from the City Council for the celebration of the Two-Hundreth Anniversary was acknowledged and ordered filed. tion from the 1969 was accepted and the Staff requested to 2. Communications for Referral:. Ordinance. in ing sheds on Park Drive. At the sugges was authorize to resolve the problem and report back to the Council at the next Counci.1 meeting. 3. Resolutions - for Adoption: The following Resolutions were adopted by title and further reading waived. (a) Resolution No. 1675. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CON- GRATULATING CARLSBAD UNITED FUND CRUSADE CAM- PAIGN VOLUNTEERS. (b) Resolution No. 1680. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD EXPRESSING APPRECIATION TO DONALD A BRIGGS, SR. FOR DONATION OF BIRD OF PARADISE PLANTS. (c) Resolution No. 1681. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DESIG- NATING BIRD OF PARADISE AS OFFICIAL FLOWER OF THE CITY OF CARLSBAD. 4- ., ," > ." CITY a= c4 COUMCtl.0 r. t 13- OLD BUSINESS: .. I 1 C671 (a) Report from City.Attorney regarding Reegd+fication of Municipal Code. The City Attorney reported he had met with a representati i e of the Book' Publishing Co. of Seattle,' Washingto and had received a cost estimate of $5,000 for 465 pages with no supplemen.tation. 1 Discussion followed as to the responsibility of maintaining the supplementation. Mayor Dunne suggested that the matter be held over and that the City .Attorney consult with members of the Staff and a report made at the next meeting prior to any action being taken by the Counci 1. 14- CITY ATTORNEY'S REPORT: [411 Claim for property damages - David Pines The City Attorney reported receipt of a claim for property damage to Mr. Pine's property located at 3280 Westwood Drive as a result of gunite water drainage ch.anne1 constructed by Kamar Construction Co. , subject 'to specification set forth by the City Engineering Department. C The claim was denied and referred to the insur- Motion ance carrier for further action. Ayes 15- CITY MANAGER'S REPORT: No further report 16- AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICA- TION OF PAYROLL: Authorization was given for payment of bills for the General Fund in the amount of $222,967.83 and Water Department of $56,182.78, totalling $279,150.71 as certified by the Acting Director M.otion of Finance and approved by the Auditing Commi tte for the period December 16,1969 to January 6,197 Ratification of the payroll was given for the last half of December, 1969, in the amount of $41,450.43 as certified by the Acting Director of Finance and approved by the Auditing Commit- Motion tee. Ayes 11 7- ADJOURNMENT: I By proper motion the meeting was adjourned at 9:50 P.M. to Friday, January 9, 1970, at 4:30 PM I Respectfully submitted %&T E. ADAMS City Clerk . a &E@-