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HomeMy WebLinkAbout1970-05-19; City Council; Minutes.. :. 0 I."$' ' ;,$i[ , .(. . CITY OF CARLSBAD Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: Nay 19, 1970 Tirne of meeting: 7:OO P.M. Place of Meeting: Counci 1 Chambers - 0 1 2 1 4 E c - - " , 1- .- )- I- [ 1::1-q 29 ~741 E81 c291 [341 c691 ROLL CALL - 7:OO P.M. 1NVOCATIONt.was offered by Mayor Dunne. ALLEGIANCE TO THE FLAG was given. APPROVAL OF MINUTES: (a) Minutes of the regular meeting of May 5, 1970, were approved as .amended on Page 2, Item 6 (e) title *to "Environmental Pollution Control" cieletjng the word "Air". (b) Minutes of the special meeting of May 11, 1970, were approved as submitted. (c) Minates of the Special Meeting of May 15, 1970, were app'roved as submi tted. ORAL COMMUNICAT.IONS: None I COUNCIL COMMITTEE REPORTS: I (a) Water Committee: Cmn. ClcComas reported some disagreement between the Auditor Fi nanci a1 Consultant to the Bond Company as to sufficient revenues of the City. Also, there is a questio as to whether the bonds should be advertised for bid at the present 6% pate or go back to th vote of the people at 7%. The Auditor and Financial Consultants' representative have been invited to attend the next water committ meetin on May 26th to discuss the matter. n e 5 (b) Personnel. It was announced the next inte . view of city manager candidates is scheduled fo 9:30 A.M., Saturday, May 23, 1970. 1 (c) Environmental Pollution Commission. Crnn. Jardine rePorted several more answers had I been received from interested people and a meeting would be arranged sh,ortly. (d) Budget: It was announced that Cmn.Jardine and McComas would meet with Mrs. Sowell and Mr. Baldwin to formulate the budget on May 23rd at 1:30 P.M. (e) Chamber of Commerce: Authorization was given to reimburse the Chamber for expenditures in the amount of $489.42. (f) Parks and Recreation: Cmn. Lewis reported that at the last meeting, the Commission strong ly recommended the hiring of a Parks and Recreation Director prior to the preparation of a bond issue. Mayor Dunne requested Cmn.Lewis to inform the Commission by letter to make a report to the Council listing the needs and pri ori ties. - COUNCILh, Abs tai ned - Motion Aye's xx ~ ~ .. 0 CITY OF CARLSBAD -2- @ May 19, 1970 0 I - Mrs. Wollrich addressed the Council suggesting the use of the sewer tax fund to hire a Parks and Recreational Director prior to submission by the Commissionof proposed needed faciliries. lifter discussion, it was moved to authorize the hiring of a full time or part time professional Director, dependent upon availability of bed tax funds for salary. Mrs. Wollri ch was requestedby the Council to instruct the Commission to submit the desired qualifications for a director to Mr. Baldwin for advertising. [68] (9) Mexican American Association. Cmn. Lewis reportedthe and Mr. Baldwin attended the'last I meeting of the- Association and the group was pleased with procedures and efforts of the city- in patrolling the area. E221 (h) CPO - re: Palomar Airport. Mayor Dunne reDorted a letter had been received from the I State Aeronautical Commission, who had reviewed the Little report, and it was the feeling that the Mira Mar Air Station could be better uti 1 ized than other airports being considered. 7- PUBLIC HEARINGS: 7:30 P.M. [I141 (a) Agenda Bill #156. Request for change of zone from R-A-70,000 to P-C'(P1anned Community) and adoption of Master Plan on property located at intersection of Marina Drive and Park Drive. . Applicant: L. R. Partnership. The Deputy City Clerk presented the Affidavits of Publication and informed the Council no further communications had been received. Mr. Jerry Rombotis addressed the Council statin5 he was available to answer any questions the Council desired to ask. As there was no one else desiring to be heard, the public hearing was closed at 7:40 P.P.1. After discussion by the Council, the following resolution and ordinance was presented: Resolution No. 1728. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISIONS REGARDING CHANGE OF ZONE FROM R-A 10,000 to P-C (PLANNED COMMUNITY) ZONE AND ADOPTION OF A MASTER PLAN, ON PROPERTY LOCATED EAST OF THE INTERSECTION OF MARINA DRIVE AND PARK DRIVE, was adopted by' title only and further reading waived. Ordinance No. 9253. AN ORDINANCE OF THE CITY CLASSIFYING FOR P-C (PLANNED COMMUNITY) PURPOSE ON PROPERTY LOCATED EAST OF THE INTERSECTION OF MARINA DRIVE AND PARK DRIVE, was given a first reading by title only and further reading waived. OF CARLSBAD AMENDING ORDINANCE NO. 9060, RE- I ( j I , I COUNClLh, Motion ayes xx I motion xx Ayes X I I :o 0 CITY OF CARLSBAD -3- 0 May 19, 1970 - 0 [lo81 8- D-TI +r C!] 94- (b) Agenda Bill #157. To consider an appeal of the decision of the Planning Commission in denying a request for a variance to allow an additional 14 ft. pole sign. Applicant: Peter Aguilar and Texaco Service The Deputy City Clerk presented the affidavits of publication and stated there were no further communications received. Mr. Chet Hel'tibridle of Oceanside, representing the appell ant, addressed the Counci 1 expl ai ni ng the structure and architecture of the proposed sign and pointed out that other service stations on Elm Ave. have pole signs. As there was no one else desiring to be heard the public hearing was closed at 8:OO P.M. A'fter discussion by the Council, the appeal was denied for reasons that if granted, it would be a weakening of the existing sign ordinance; and, a sign was already in existence which meet the limitations of the freeway oriented proper- ties and the basic ordinance itself, and Resolution No. 1729 was presented. S Resolution No. 1729. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF CARLSBAD 1 DENYING APPEAL OF DECISION OF THE PLANNING COMMISSION REGARDING REQUEST FOR VARIANCE TO ALLOW AN ADDITIONAL 1.4 ft. POLE SIGN was adopte by title only and further reading waived. ~ DEPARTMENTAL REPORTS: . A- Engineering 1. Agenda Bill #158. Request for future street improvements in connection with lot split. Owners: Lawson P. and Lillian G. Martineau. The request for future street fmprovements on Ponto Drive was approved, and authorization' given to enter into a future street improvement agreement between the City and the applicant. 2. Agenda Bill #159. Request for future street improvements in connection with lot split Owners: I. Carole Huntington and T.L. and Edith M. Rhodes. The request for future street improvements on Pi0 Pic0 Drive and Magnolia Ave. was approved, and authorization given to enter into a future street improvement-agreement between the City and the applicant. , I COUNClLh Motion Ayes Noes xx rot i on xx Ay e s' X !!loti on xx Ayes X .. e CITY OF CARLSBAD -4- 0 May 19, 1970 .. . , - -7 E451 3. Agenda Bill #160. Approval of Utility Agreement No. 14440 between City and State Division of Highways re: Freeway Sewer Reloca- tions. The City Engineer informed the Council the City is responsible for relocation of sewers and it would be to our advantage financially to use the City work force. Approval of ,the Utility Agreement 14440 was given and the following resolution was presented. Resolution No. 1730. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND MENT NO. ,14440, was adopted by title only and further readin-g waived. DIRECTING THE MAYOR TO EXECUTE UTILITIES AGREE- - E451 4. Agenda Bi 11 #161. Approval -of 1 icense between City and A.T. & S.F. Railway Company - re: Cannon Road Grade Crossing. Approval of the license between the City and A.T. & S.F. Railway Company in regards to the Cannon Road Grade crossing was given and the following resolution was presented. Resolution No. 1731. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION ON BEHALF OF CITY OF A LICENSE WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY REGARDING CANNON ROAD GRADE CROSSING, was adopted by title only and further . reading waived. B. P1 anni ng. [ 4.3 1 1. .Agenda Bill #129. Report from Planning Commission - re: Appeal by Macco Corporation concerning application for Pre-annexation Con- ditional Use Permit to allow Mobile Homes Park. Discussion was held and it was determined the application had been submitted prior to the moratorium and the applicant was given indica- tions the application would not be affected. It was further noted the development was proper and staff report and recommendations were favorable. The following resolution was presented. Resolution No. 1732. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GRANTING APPEAL OF DECISION OF PLANNING COMMISSION REGARDING MIT TO ALLOW A MOBILE HOME PARK was adopted by title only and further reading waived, subject to the conditions and restrictions set forth in the staff report. REQUEST FOR PRE-ANNEXATION CONDITIONAL USE PER- I COUNCILh Motion Ayes xx Motion xx Ayes X Motion xx Ayes X ,.. 0 CITY OF CARLSBAD 0 -5- May 19, 1970 0 7- ! ~~ ~~~~~ ~ C. Public Works. 1. Agenda Bill #162. Memorandum from Mayor Dunne dated May 11, 1970 - re: Public Works Bond Issue. 1 Mayor Dunne pointed out many public works pro-- jects have not been funded due to funds not being provided in the b.udget. Some projects th City is committed to by virtue of agreement wit other public entities, and stated the need for a bond issue is apparent. After discussion by the Council members as to various means of funding necessary projects, i.e., Parks and Recreation facilities, and the Jefferson Street Overpass, etc., the Mayor appointed Cmn. Jardine and Lewis to make a stud and recommendations to the Council, .and the Ci'ty Attorney was instructed to prepare a reso- lution stating the Councils' intention for the next meeting. 1- ORDINANCES FOR ADOPTION. [51] (a) .Agenda Bill #133. -Second reading of Ordinance #2029, amending Section 2 of Ordinanc #2020 regarding Fire protection and penalty for violation thereof. le :h Y .e Ordinance #2029 being, AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING . SECTION 2 OF ORDINANCE NO. 2020 REGARDING FIRE PROTECTION was given a .second reading by title only, further reading waived, and adopted. [78] (b) Age.nda Bi 11 #135. Second reading of Ordinance #3080 repealing various sections of Ordinances regardi ng pub1 i c offenses. [511 , Ordinance #3080 being, AN ORDINANCE OF THE CITY OF CARLSBAD REPEALING VARIOUS SECTIONS OF ORDINANCES REGARDING PUBLIC OFFENSES was given a second reading by title only, further reading waived, and adopted. (c) Agenda Bill #136. Second reading of Ordi- nace #4021, regarding Fire Protection Ready-to- Serve charge, and establishing a $5.00 month fee. Ordinance #4021 being, AN ORDINANCE OF THE CITY OF CARLSBAD REGARDING FIRE PROTECTION READY TO SERVE CHARGE, was give a second reading by title only, further reading waived, and adopted. r COUNCIL\ Mot i on xx Ayes X Eloti on Ayes xx Motion Ayes' xx Motion xx: Ayes X 1 .e 0 CITY OF CARLSBAD -6- Nay 19, 1970 [74] (d) Agenda Bill #123. Second reading of Ordi- nance #1120, establishing a personnel merit system for the City of Carlsbad. After discussion by the Council, Ordinance No. 1120 was referred back to a first reading due to various amendments, i.e., Section 3, Page 2 - sections I and J to be deleted; Page 18, Section 2, Page 19,. Section 3 - deleted; and Section .9 page 6. The staff was instructed to rewrite the ordinance incorporating the requested changes and provide copies to each Councilman. O.rdinance No. 1120 being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING A PERSONNEL MERIT SYSTEM was. given a first reading by title only as amended and further reading waived. [28] (e) Agenda Bill #163. Second reading of Ordinance No. 1119, establishing an Environrnen- tal Pollution Commission. Ordinance No. 1119 being, AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISH- ING ENVIRONMENTAL POLLUTION COMMISSION was give a second reading by title only, further reading waived, and adopted. 10- ' ORDINANCES FOR INTRODUCTION: [5l](a)Agenda Bill #134. Ordinance #2030, amending Ordinance No. 2027, regarding boundaries of Fire Zones on Water Front property west and north of Ocean St. and east of Mountain View from Oak Ave. to the railroad tracks, from Fire Zone 3 to Fire Zone 2. The following ordinance was resubmitted for a first reading due to change in the original ordinance which was approved by the Fire Ch.ief. Ordinance No. 2030. AN ORDINANCE OF.THE CITY ING BOUNDARIES OF FIRE ZONESwas given a first reading by title only and further reading waived. OF CARLSBAD AMENDING ORDINANCE NO. 2027 REGARD- [67] (b) Agenda Bill #164. Conduct of Council meetings and order of business. 1. Resolution 1733, regarding conduct of Council meetings and order of business. 2. First reading of Ordinance #1121, re: Conduct of meetings. By unanimous consent of the council, Agenda bill #164 was deferred to the next meeting to allow time for more study and city clerk' ~ recommendations. , 3 r COUNCIL& !l;oti on Ayes Nayes xx Motion Ayes xx Motion Aye- xx: .. 0 CITY OF CARLSBAD -7- 0 Nay 19, 1970 - 0 - 1 " 1 -- L [ IO2) ~931 1731 I 1251 m21 CONSENT CALENDAR All i tems on the consent calendar were removed for separate discussion and action. (a) Communications Advisory - for filing. 1. Agenda Bill #165. Letter dated May 5, 1970 from State Department of Public Works giving Notic,e of City's apportionment of $16,327.00 of Federal TOPICS Funds for 1970-71, was presented and ordered filed. ';L: 2. Agenda Bill #174. Buena Vista Pumping - Station Joint Sewer System. The work for the watertight do0.r installation was accepted, the City Clerk instructed to file notice of com- pletrion and release bond 35 days after the notice is filed. (b) Communications - for referral. :. . 1. Agenda Bill #166. Letter dated May 12, 1970 from Wm. A. Tracy and C. M. tiancuso, re- questing permission to conduct dog obedience classes at Holiday Park. Discussion was held as to fees to be charged, area to be used, time regulations, and mainten- ance. It was agreed to refer to the staff and Parks and Recreation Commission for study and recommendations at the next meeting. (c) Resolutions for Adoption. 1. Agenda Bill #167. Resolution #1734, giving Notice of Proposed Annexation and settin protest hearing re: "South Carlsbad Annexation No. 1,7." (H. B. Development). Resolution No. 1734. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GIVING NOTICE OF PROPOSED ANNEXATION AND SETTING PROTEST HEARING REGARDING "SOUTH CARLSBAD ANNEXATION NO. 1.7." was adopted by title only and further readi ng waived. 2. Agenda Bill #168. Resolution #1735, declaring as public nuisances, rubbish and refuse upon private property. Resolution No. 1735. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING AS PUBLIC NUISANCES RUBBISH, AND REFUSE UPON PRIVATE PROPERTY IN THE CITY OF CARLSBAD was adopted by title only and further reading waive providing for time and place for hearing all protests. rc s !C COUNCILh Mot i on X Motion Aye s' xx ~ Ayes Motion xx ~ ..e 0 CITY OF CARLSBAD -8- 0 May 19, 1970 ~561 3. Agenda Bill #169. Resolution #1736, opposing Amendment of Article XXVI, California Constitution, re: use of Gas Tax Funds, was presented. Resolution #1736. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING AMEND- MENT OF ARTICLE XXVI OF THE CALIFORNIA CONSTI- TUTION REGARDING USE OF GASOLINE TAX FUNDS was adopted by title only and further reading wai ved. The Staff was instructed to forward copies of the Resolution #1736 to Governor Reagan, the California Legis1 ature, Assembly, and the Executive Director, Cal i forni a League of. Cities. 11 2- CONTINUED BUSINESS [I lo] (a) Agenda Bill #146. Report from Water Commi t- tee in regards to sale of real property; namely Reservoir No. -3. The Acting City Manager reported the property was readvertised for sale and no bids have been recei.ved at the minimum-price of $7,500. An Executive Session was called by the Mayor at 9:07 P.M. for the purpose of discussing appoint- ments to the Planning Commission. The Council reconvened with all members present at 9:16 P.M. [76] (b) 'Agenda Bill #152. -The mayor announced the reappointment of Commissioners Forman and Littll and the staff was instructed to inform the Commissioners by letter. I [69] (c) Agenda Bi 11 #154. Memorandum dated April 21, 1970, concerning Park and Recreation 1 facilities. The matter was previously discussed in connec- tion with other projects to be funded by the proposed bond issue agreed upon earlier in the meeting and was referred to the Parks and Recreation Commission for study and recommenda- tions. (see Council action on Agenda Bill #162 -I [55] (d) Agenda Bill #155. Request for rate increase by McDougal Sanitation Co. D Nr. Baldwin reported the Company is operating at a loss due to increased service and salaries The matter was deferred to the next meeting and to the staff for study by the City's auditor. T - e ) COUNCILA $7 Motion Ayes xx :a e CITY OF CARLSBAD -9- e Nay 19, 1970 3- CURRENT BUSINESS. [86] (a) Agenda Bill #170. Request for Financial support to help initiate and maintain Youth Li Pel ine program. Cmn. Lewis reported the cities of Vista and Oceanside have verbally authorized $2,000 and $1,500 respectively as financial support for the program., He further noted the starting date is scheduled for June 11, 1970, and over 11,000 youth have made contact with the commit- tee either by phone or walk in. He stated counselling was available to parents as well as students. Mr. Sullins of Chula Vista spoke from the audience stating that city has stayed away from direct donation based on the legality factor. After discussion, the City Attorney was request ed to study the legal aspects and Cmn. Lewis to confer with Mr. Bennett of Vista and report back to the Council at the next meeting. [69] (b) Agenda Bill #171. Request for support of Boys' Club Swim Program. The request was granted and $700 was allocated as in previous years for the support of the program. [go] (c) Agenda Bill #172. Proclamation, proclaimin . May 23rd and 24th. 'I Poppy Days". Mayor Dunne proclaimed May 23 and 24, 1970 as "Poppy Days I' and reques ted:.s:upportt: of-: the citizens.. [69] (d) Agenda Bill #173. Memorandum from Mayor Dunne - re: Lake Calaveras. Discussion was held as to adopting a Resolution of Intention to offer Lake Calaveras for sale to.San Diego County for development. Mrs. Wollrich addressed the Council stating the County had purchased Guajome Ranch and it' is their plan to develop the Ranch into a "Balboa" park in North County. Mrs. Moll rich further questioned the time element before the Lake would be developed if sold to the County. She suggested the possi bil ity of allowing an organization or developer to lease the property for recreational develop- ment. COUNCILh Motion Ayes xx i ~ ~ I .. 0 CITY OF CARLSBAD COUNCILh -1 0- I) May 19, 1970 0 .. 89 I ~~ "7 After further discussion it was moved to adopt a resolution to communicate with San Diego County as to the exploration of the possibility of purchase by the County and to advertise the availability of the area for lease for develop- ment of a regional park. 14- ADDITIONAL BUSINESS [loo] (a) Rotary Park and Depot Taxes. Discussion was held regarding the possibility of paying high taxes for leased property, and the Acting City Manager was instructed to communicate with the Board of Equalization, pointing out the beautification done by the City on the property being leqsed from the A.T. & S. F. Company. He was further requested to confer. with the Company in an effort to effect an equitable joint tax payment plan. [55] (b) Abatement of Junked Cars. The City Attorney reported that both Mr. Bryan and Mr. Dix had been informed of the court ruling regarding the junked cars on residential property. Nr. .Bryan' cars are presently in storage and the City will proba.bly have to release the hold on the cars to the agent for further disposition. Motion Ayes > [96] (c) Highway Bill boards . Cmn. McComas noted two billboards on the freeway at the north and south end of town now being painted, and requested the staff to investigate. [34] , (d) Chamber of Commerce Agreement. Crnn. Castro reported the committee .is working on an agree- ment in an endeavor to develop a general agree- ment rather than a year to year agreement. It is expec.ted to be ready for the next fiscal year 15- 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 $190,457.84 and the Water Department of $2,580.69, totalling $193,038.53, as certified by the Director of Finance and approved by the Auditing Committee for the period May 5, 1970 to May 19, 1970. Motion ~ Ayes I Ratification of the payroll was given for the first half of May, 1970, in the amount of $41 ,129.67 as certified by the Director of Ayes Finance and approved by the Auditing Committee. M,o t i o n 16- ADJOURNMENT By proper motion the meeting was adjourned at 10:30 P.M. to Saturday, May 23, 1970,at 2:OO PM. Respectfully submitted, Le re&&$/ r; I &dLU ARA MCDONALD Deputy Ci ty C1 erk xx xx xx