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HomeMy WebLinkAbout1970-01-20; City Council; Minutes,* 0 8 CITY OF CARLSBAD Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 20, 1970 Time of Meeting 7:OO P.N. Place of Meeting: Council Chambers .. .. 1 -- ROLL CALL. 2- INVOCATION: was offered by Councilman Castro. 3- ALLEGIANCE TO THE FLAG was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting of January 6, 1970 were approved as submitted. (b) Minutes of the adjourned meeting held January 9, 1970 were approved as submi.tted. 5- ORAL COMMUNICATIONS: None 6- COUNCIL COMMITTEE REPORTS: [?SI (a) Water Committee: Councilman McComas report ed that the Committee had met on January 13th and had received the resignation of Mr. William Atkinson. He requested time for the Committee to discuss and propose a replacement at their next meeting. It was agreed that a report would be made to the Council at the next meeting in February. [69] (b) Parks and Recreatian-: (1 ) Councilman Jardine, reported Mrs. Scher is unable to continue as a permanent chairman of the commission, and a permanent chairman will be decided upon at a later date. (2) Reference was made to the memorandum from the Parks and Recreation Commission recom- mending the creation of a positi~on to be called Director of Parks and Recreation and -filled to coordinante Parks and Recreations programs and work with City officials in planning and imple- mentation. After discussion, -the City Manager was instructed to study and report to the Counci the feasibility of hiring a part or full time di rector. (3) Mayor Dunne proposed the nomination of Mr. Fobert C. Frazee, 3341 Donna Drive, to fill the unexpired term of Richard Nieves on the Parks and Recreation Commission. [23] (c) Chamber of Commerce: Councilman Castro re- ported that he had audited the bills of the Chamber of Commerce and recommended that the Chamber be reimbursed in the.sum of $3,161.37. [22] (d) Airport Systems :Mayor Dunne reported on the meeting conducted by. the Arthur D. Little Co. relative to the proposed Palomar Airport. It was recommended that a County wide study be made pertai'ning to.highw.ays, roads, and all needs of transportation. The Mayor anno.unced the Public Hearing would be held January 22nd at 7:OO P.M. at the Carlsbad High School cafeteria. COUNCIU .i CITY OF CARLSBAD COUNCIth I) -2- January 20, 1970 . 6- C0unc.i 1 Committee Reports (cont. ) (e) [28] CBACD: Mr. A1 Jose presented the recommendation that the Commission be reduced from 11 to 9 members and that letters be sent asking for the resignations to members not attending meetings. The City Attorney was ins.tructed to prepare a resolution to this effect. [lOS](f) U. S. Government - Camp Pendleton Hospital: The following resolution was introduced by Councilman Neiswender and read in its entirety: Resolution No. 1687. A RESOLUTIO'N OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, RECOMMENDING CONSTRUCTION OF A NEW HOSPITAL FACI.LITY AT THE UNITED STATES MARINE CORPS BASE AT CAMP PENDLE- Motion TON, CALIFORNIA, was adopted. 7-. PUBLIC HEARINGS: 7~30 P.M. (a) To consider the Adoption by reference of County Health and Sanitation Ordinances and County Dog, Kennels and Vaccination Ordinances: Mayor Dunne opened the Public Hearing and the City Clerk presented the Affidavits of Publica- tion. The City Attorney addressed the Council stating that the County enforces the controls for the City. He explained that this was merely the readoption of County ordinances presently being . enforced and no changes proposed. There being no further communications or pro- tests, the Public Hearing was closed and the following Ordinances were presented: [SS] Ordinance No. 3078, AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING DIVISION 1; DIVISION 4; DIVISION 5; CHAPTERS 1, 2, 9, and 10 of DIVISION 6; CHAPTERS 3 AND 6 OF DIVISION 8; AND DIVISION 9 OF THE SAN DIEGO COUNTY CODE REGARDING HEALTH AND SANITATION was give-n a first reading by title only and further reading waived. [87] Ordinance No. 3079, AN ORDINANCE OF THE CITY OF CARLSBAD ADOPT1N.G CHAPTERS 6 AND. 7 Of DIVISION 2 OF T-HE SAN DIEGO COUNTY CODE REGARDING DOGS, KENNELS, AND VACCINATION was given a first reading by title only and further reading waived. 8 [108j (b) To consider an appeal of the decision of the Planning Commission in deny,ing a request for a variance in required sign are.a and height. Appell ant: Carl tas Corporati,on. Mayor Dunne opened the Public Hearing and the City Clerk presented the Affidavit of Publica- tion. .l ,L ' ,. CtTY OF CARLSBAD c) 8 -3- Januarv 20. 1970 .. 7 .- Pubiic Hearings (cont.) Mr. Phillip Breeden addressed the Council stat- ing that the height of the sign would be 55 feet in .a 200 foot square area.and a variance is requested since the topography of the area ob- 'structs vision from the freeway. Therefore, the additional height was necessary to compete on an equal basis with exisi ting competitors. In addi. the adjacent property would not be affected sincc it is owned by the Carl tas Corporation. Mr. William Ferguson of Atlantic Richfield and Mr. Paul Eckes spoke in favor of granting the requested' variance. Those speaking against granting the variance were E. H. Jose, Jr. and Fire Chief Anear. Mr. Jose stated the applicant was informed at the time of application that a zone change for a service station would not be given. When the zone change later was approved, the applicant was told the city sign ordinance would prevail as the station would not be consi,dered a free- way faci 1 i ty. Fire Chief Anear commented that in his opinion no sign is particularly attractive to a city skyline. Following discussion, the Public Hearing was closed and the appeal was denied as the property does not qualify as a freeway quadrant or free- variance would be in conflict with past planning commission decisions upholding the City, sign ordinance; a1 1 pole signs in the general area have been approved by the Commission and Council and are in conformance with the sign ordinance; and the property is sh.own in the General Plan as potential Community Commercial and the granting of the proposed variance would be in direct con- flict with the .General--F?Pan and sign ordl'nace. ' way service facility; the granting of the 8- DEPARTMENTAL REPORTS : < [go] (a) Engineering: Mayor Dunne inquired as to the availability of constructi.on funds and the starting date of construction of the Buena Vista Lagoon weir, and requested the City Engi.neer to follow up on the project and make report to the counci 1 a I ~ [74] (b) Personnel: The City Manager stated the proposed personnel ordinance had been studied by the staff during the last two weeks and their comments and recommendations are being prepa.red for the Council's consideration. Mr. Cunningham pointed out the salary structure as proposed by the G'riffenhagen and Kroeger firm was competativ and consistent with neighboring cities scales in order to attract a fair share of competent per- sonnel. . He further stated the job qualifica- tions were established after analyzing the duties to be performed and the minimum qualifi- cations required to perform these duties.- '.i I? ion, ~ I I I I 1 ~ ~ I 1 Motio I Ayes I ~ ~ I I , i I I 1 ? COUNCIU .. nX xx: I CITY OF CARLSBAD COUNClLh January 20, 1970 Departmental Reports (cont) report from the City Manager and staff. 1. (continued) Report from Planning Com- mission and-CBDAC on the Appeal of the decision of the Planning Commission in granting a Condi- tional Use Permit to allow a small animal clinic Mayor Dunne reviewed the previous findings stating that the request had been upheld by the Council and referred back to the Planning. Com- mission and CBACD in December. been received. The following people spoke from the audience favoring the small animal clinic: Nick Sauer, Attorney for the applicant, Dr. Henry Gregg, the applicant , Dr. A1 Cal cara, David. El isworth, Harr Truax, Dr. Harry Hill and John Bradshaw. Mr. ldilliam H. Daubney, representing the appel- lant, spoke from the audience opposing .the The Council recessed at 8:50 P.M. and recon- vened at 9:00 P.M.. The public hearing was closed and after discus- sion, the Appeal was upheld and the Conditional Use Permit was denied, since the people residing in the adjacent area were opposed to the estab- lishing of the clinic in the down town area and felt it could be built in a more favorable location. 1 A short recess w.as called at 9:45 P.M. and the meeting.was reconvened at 9:52.P.M. 2. Review of Parcel Splits 106 and 107. The City ‘Engineer stated that Parcel splits 106 and 107 .is requested by the developer to modify lots and lot lines in Carlsbad Manor, the vaca- tion of Scott Drive, and realignment of Tamarack Avenue. The. tentative map has expired and the owner of the property plans to provide street service in a different area which would enhance The City Engineer further stated th.at the proposed realignment of.Tamarack Avenue will im- prove traffic circulation by providing a more ,I area and El Camino Real. r i ~ C1TY OF CARLSBAD COUNCILh '. e 8 "~..,. i -5-. January 20, 1970 8- Departmental Reports (cont) After discussion, the Council granted both the requested lot splits 106 and 107 and the relatior to Lot split 106 be processed but the requested street vacation in relation to Lot Spllt 107 not xx Ayes processed. Motion E701 3. Moratorium from Planning Commission re: Request for Moratorium period at Buena Vista Lagoon. The City Planner stated that the Planning Com- mission had requested the moratorium period and the Council referred the matter to the staff. Mr. 01 inghouse contacted the Oceansi de P1 anner and it is recommended that a joint policy be adopted. After discussion, the City Manager and' City Planner was directed to consult with t'he City of Oceanside Manager and Planner to form a Motion joint policy for Council consideration. Ayes xx C99 1 4. Memorandum from Planning Commission re: Request for Moratorium period on applications for Mobile Home Parks. The City Planner brought to the attention of the Council that three applications for mobile home parks have been received and approved. These are all in addition to the already long-estab- lished parks within the City. He recommended . that a thorough study of such land use for the City be made. After discussion, the staff was .directed to pre- pare an interim ordinance declaring a 90 day moratorium period for mobile home parks. for constderation by the Planning Commis,sion and the Counci 1 in order to allow the -Planning .Depart- .- merit sufficient time to prepare, study and submil Motion X a report. Ayes xx The Counc.il adjourned to an Executive Session at 10:30 P.M. Upon reconvening at 10:55 P.M., the Mayor announced the purpose of the session was for discussion of personnel and no decisions were made. (d.) Public Works: t-1121 Notice to remove unlawful accumulation of junk, rubbish, refuse, .and weeds.. Property located at 975 Laguna Drive. Mr. Priday addressed the Councii stating the condition on. this property had existed for three years, and further the property owner had been contacted on several occasions 'and remains uncooperative. He recommended that steps be taken to take care of this situation and alleviate these conditions. The City Attorney was instructed to prepare the necessary documents to enforce the City Weed and .. Trash. Abatement Ordinance, 6, i,r 0 - t - Janua C541 I" CITY OF .CARLSBAB -6 ry 20, 1970 Departmental Reports (cont) (e) City Clerk: 1. General Municipal Election, April 14, 1970. (a) Resolution No. 1684. A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA CALLING AND PAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY THE 14TH DAY OF APRIL, 1970, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF. CALIFORNIA RELATING TO GENERAL LAW CITIES was adopted by title only and further reading waived. GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICI- ) Resolution No. 1685. A Y OF CARLSBAD REOUESTING (b THE CIT SUPERVISORS OF THE COUNTY OF SAN THE REGISTRAR OF VOTERS OF SAI'D SPE-CIFIED SERVICES TO THE CITY 0 LATING TO THE CONDUCT OF A GENER ELECTION TO BE HELD IN SAID CITY 1970 was adopted by title only a reading waived. ,. RESOLUTION OF THE BOARD OF DIEGO TO PERMIT COUNTY TO RENDER AL MUNICIPAL nd further F CARLSBAD, RE- ON APRIL 14, I (c) Fixing the amount to be deposited for printing of qualification statements. Upon recommendation of the City Clerk, a deposit of $80.00 was established for printing of qual i fi cation statements. ' (f) Purchasing Request for permission to sell unusable equipment. I Permission was granted for the sale of certain unusable vehicles as requested by the Purchasing Agent in a memorandum dated January 9, 1970. ORDINANCES FOR ADOPTION: I Ordinance No. 9248. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSI- FYING FOR P-C (PLANNED COMMUNITY) PURPOSES, ON PROPERTY LOCATED SOUTH OF EL CAMINO REAL AND EAST OF THE SOUTHERLY,TERMINUS OF-KELLY DRIVE, . was given a second reading by title o-nly and further'reading waived and adopted. (Allan 0. Kelly and L.R. Partnership) CONSENT CALENDAR: . . A. Communications - Advisory 1. Letter from Senator Cranston regarding the California Marine Act was ordered filed. B. Communications - Referral : None C. Freeway Agreement between the State of California and the City -pertaining to Chestnut Avenue.over-crossing was approved. COUNCIU Motion Ayes xx Motion Ayes xx Motion Ayes xx Motion. I4 Ayes xx: Motion Ayes xx: CITY OF CARLSBAD COUNCIU - ,, Neiswender. l1- OLD BUSINESS: [Sl] (a) City Property: Flemorandum from the Water Committee, recommending that the Council conside the sale of the Monroe Street Reservoir Site wit no commi tment- for further use, and that the buye be required to clear. the land and determine the best use of the land. Authorization was given to offer for sale the Monroe Street Reservoir property as one parcel as recommended by the Water Committee. [51] (b) Standby Sprinkler Charges: Mr. Robert Watson reported that the Water Committee is pre- paring recommendations for fees to be charged and a report will be made at the next Council [72] (c) Parking: Mr. Truax reported that no action has been taken as yet on the marking of parked cars on State Street. Mayor Dunne requested that the CBACD send an official letter regarding the matter to the Council. [34]' (d) Chamber of Commerce: -Councilman Castro re- ported that a meeting had been scheduled for next week regarding the contract and a report would be made at the next meeting. [45] (e) Leucadia Water District Agreement: The Ci t Manager reported that a meeting is scheduled for January 21st and a'report woul-d be made at the next council meeting. 12- CITY ATTORNEY 'S REPORT: [67] (a) Recodification of Municipal Code. Mr. Wilso reported that he had discussed the recodificatio to be conducted by the Book Publishing Co. with. Mrs. Adams and requested authorization to pro- the services of the Book Publishing Company. [73] (b) Diving Permit: The City Attorney reported that a contract had been sent to Mr. Gray for approval and.signature and that Mr. Gray had requested a reduction from 40% to 25%' for City proceeds and .further suggested that the City use its share to develop a maritime museum. ' .'q- -1 . .. . I Ilt : *-. 0 - 8 -.. CITY OF . CARISBAD COUNCIU '12- City Attorney's Report (cont) Nr. Grey addressed the Council stating that his request for reduction was based on the fact that they are going after more than $25,000 at a cost of $50,000. He further stated he would lend 75% to the City toward the museum or give the City 25% of the sales. . [93] (c) Bond Redemption for Sewer District #2. The City Attorney reports the County Assessor has requested evidence by the City that bonds fo Sewer District #2 have been paid. Resolution No. 1686. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING FULL REDEMPTION OF BONDS OF MUNICIPAL DISTRICT NO.. 2 OF THE CITY OF CARLSBAD was adopted by title only and further reading waived. 13- CITY MANAGER'S REPORT: No further report. 14- 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 $348,102.01 and Water Department of $2,627.82, totalling $350,729.83 as certified by the Acting Director . of Finance and approved b y the Auditing Commi t- Ratification of the payroll was g'iven for the .I 5- ADJOURNMENT By proper motion the meeting was adjourned at 11:30 P.M.. I ea4 ., . . . . . . , . . -. r I 111