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HomeMy WebLinkAbout1970-12-01; City Council; MinutesCITY OF CARLSBAD COUNCILME Minutes of : CITY COUNCIL (Regular Meeting) Date of Meeting:. December 1, 1970 Place of Meeting: Counci 1 Chambers I) Time of Meeting: 7:OO P.M. .. . . 2- INVOCATION was offered by Mayor Dunne. 3- ALLEGIANCE TO THE FLAG was given. 4- APPROVAL OF MINUTES: 5- COUNCIL COMMITTEE REPORTS: [79] (a) Travel Pol icy. Crnn. Jardine' reported that he and Mr. Arnold had met and made some minor changes in wording and the policy would be pre- sented at the next meeting. [55] (b) McDougal Sanitation. Cmn. Jardine reported that'the committee of Mr. Arnold, Mr. Gaiser, Mr. McDougal and himself had met to verify the audit. A second meeting is scheduled for next week and recommendations would be submitted to the Council regarding the requested rate increase at the December 15th Council Meeting. [69] (c) Parks and Recreation. Cmn. Lewis stated -the Commission meeting was held Monday night and noted that the Women's Club made a donation of $775.00 for the development of the Maxton T.Brown Park. - It was further noted that Mr. Arnold was present and presented recommendations and plans for developing present parks and proposed new parks and it was agreed by the Commission t,o sup- port the bond issue presented by the City Manager 6- HOUSING AUTHORITY. Councilmen present. 7- PUBLIC HEARINGS - 7:30 P.M. [99] (a) Agenda Bill-#293. (Continued) To consider a appeal of the decision of the Planning -Commission in denying a request for a tentative parcel split map on property located in the Ponto area of the City . Appell ant: Paul Ivi cevi c. applicant has agreed to dedicate one half of a public street, and the staff is in agreement with the request on this basis. Confirmation of the agreement was made by the attorney for the appellant. There being no other communications, the Public 0 Hearing was closed at 7:35 P.M. B I 0 CITY OF CARLSBAD COUNCILME -2- De I After discussion by the. Council the following resolution was presented: Resolution No. 1809. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GRANTING THE APPEAL AND APPROVING THE DIVISION OF 'PROPERTY SUBJECT TO CERTAIN CONDITIONS was adopted by title only and further reading waived. [113](b) Agenda Bill #298. To consider a request to rezone certain property from R-P to Zone C-2 and the adoption of a Specific Plan to construct four (4) office/store units on the first floor and four (4) apartment units on the second floor said parcel being located at Beech and Roosevelt Street. Applicant: Richard Geyer. The City Clerk presented the affidavits of publication and informed the Council no written communications had been received. Mr. Mike Mazloum, 2715 Roosevel t, addressed the Council stating he was in favor of the proposed change of zone. Mr. Richard Geyer addressed the Council , stating he was in accord with all requirements with the exception of two, i.e. (a) filing of a Parcel Map, and (b) Installation of ornamental street light on Beech Avenue and enter into future street agreement on Roosevelt,Street. Mr. Geyer pointed out that he is not dividing the property in any way but only asking to improve the property. Upon inquiry by the Mayor, the City Engineer stated the requirement of filing of a Parcel Map on property improvement is not, normally a ' condition but was requested in the event there is not a rcord of survey on.the property. Mr. Geyer noted thatlegal boundaries were established by surveys and would show in any title search. Therefore, the requirement of a new parcel'map, in his opinion, is superfluous. Discussion was given regarding the street light requirement. Mr. Geyer protested the require- ment for installation of street lights on the grounds that when the Jolly Sea Horse was being constructed, he was informed in writing that it would not be necessary. Further, that one- half of Beech Street is in the underground assessment district and other one half is over- head lighting. Mr. Geyer asked whether.or not the City Engineer had consulted with the S.D.G.& E as to the 1 I feasibility of undergrou.nd street lighting. 4 CITY OF CARLSBAD COUNCILMPE -3- The.City Engineer stated the following reasons for requesting the street light installations: (1) The access from the parking lot will be on Beech Street and should be lighted. (2) It is a standard policy to require street lights in new developments. (3) A request had been received from the Police Department to provide additional lighting for Protection. as the adjoining property (the Jolly Sea! Horse) is subject to robbery. It was suggested that an overhead light be in- stalled at this time and Mr. Geyer enter into a future street light agreement for underground service. Mr. Geyer was informed that in the event a 1911 act street lighting district was initiated at some time, .the property would not be assessed, as an assessment is based on the benefit received. The City Manager suggested that if Mr. Geyer installs a street light on Beech Street, that he be exempt from any assessment for future street 1 i ghti ng on Roosevel t. Following discussion, it was agreed that Mr. Geyer install an underground light on Beech St. with the provision that in the discretion of the City Engineer it is not currently practical, that that Mr. Geyer enter into a future street light- i ng agreement. There being no further communications, the public hearing was closed at 8:lO P.M. and the following resolution and ordinances presented: Resolution No. 1810. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISIONS REGARDING CHANGE OF ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN PROFESSIONAL) TO C-2 (GENERAL COMMERCIAL) ZONE was adopted by title only and further reading Mot i on X waived. Ayes xxx Ordinance No. 9260. AN ORDINANCE OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED ON SOUTHWESTERLY CORNER OF ROOSEVELT STREET AND BEECH AVENUE was given a first read- ing, with the following changes: that item 6 be changed to read "install .ornamental street light on Beech Avenue if practical 9 or if not, at the discretion of the City Engi'neer, enter into a future street lighting agreement for ornamental stree.t lights on Beech Avenue"; and Motion Y Item 5 Sec 3D be deleted. Ayes CY Ordinance No. 9261. AN ORDINANCE OF THE CITY THE CITY OF CARLSBAD FROM ZONE R-P (RESIDENTIAL I) OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLAS- SIFYING FOR C-2 PURPOSES ON PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF ROOSEVELT STREET AND BEECH AVENUE was given a first reading by title only and further reading waived. r( Motion xx Ayes B - 0 - CITY OF CARLS0AD COUNCILME -4- -. December 1 , 1970 8- DEPARTMENTAL REPORTS: A. City Clerk. ,[311 1. Agenda Bill #299. Request for permissio to conduct a guard service in Carlsbad. Applicant: California Plant Protection, ~nc. Upon proper motion, permission was granted to the applicant to conduct a guard service in the City of Carlsb.ad and the City Clerk authorized to issue business license in accordance with Ordinance No. 6040. Ayes xxx B. Engineering 1931 1. Agenda Bill #300. Request for Transfer of funds from General Fund Reserve to Engineer- ing (Professional Service for preparation of Phase I of City Master Drainage Plan, in an mount not to exceed $7,000. The Mayor suggested that the staff inquire of the Corps of Army Engineers as to any data they might have on drainage for major streams. The City Manager pointed out that some of the cities are included in the County Flood Control Distric; .:.' It was his understanding that Vista has made an inquiry of the County Flood Control District as to costs of major channels. The question was asked whethe.r the transfer of these funds would jeopardize the street mainten- ance program, and the City Manager informed the Council that the staff is in hopes of presenting a report to the Council at the next meeting. After the discussion, authorization was given for the transfer of $9,500 for professional services for preparation of Phase I of the City Master Drainage Plan, testing, and miscellaneous consulting services, and the Mayor and City. Shuirman-Simpson for preparation of the Master Drainage P.1an in an amount not to exceed $7,000, Motion X as recommended by the City Engineer. Ayes xx: 0 Clerk authorized to execute an agreement with [29] . 2. Agenda Bill #309.. Request for transfer of departmental funds from Speci a1 Departmental Supplies to Capital Outlay Equipment in the amount of $300.00. It was noted that the transfer of funds was- needed for the purchas,e of h'anging type files to increase drafting room efficiency and reduce damage to tracings. By proper motion, authorization was given for transfer of $300.00 from A/ C 1-110-299 to Motion ' . A/C 1-110-540 for purchase of hanging files. L971 3. Agenda Bill #302. Request for future xx: Ayes street improvement agreement in connection with lot split for parcel located on Washington St. It was reported by the City Engineer, that is is B I 0 . .. ~ . CITY OF CARLSBAD -5- December 1, 1970 3yQ :j - impractical to construct the street improvements on Washington St. at this time and rexommended time as deemed appropriate. Upon proper motion, street improvements on Washington Street were waived and a future street improvement agreement be entered into by the owners .. The Council was adjourned to an Executive Sessior at 8:25 P.M. and reconvened at 9:26 P.M. with all Councilmen present. The Mayor announced that the Executive Session was held to discuss personnel, and possible litigation. . that the improvements be deferred until such C?51 4. Agenda Bill #175. Approval of supple- ment to agreement with Leucadia County Water District. The City Engineer's report stated the request is to include a minor extension of the boundar- ies to pick up a small area of approximately 4.08 acres, and recommended approval, and the following resolution was presented: Resolution #1811. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING I AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENT TO THE AGREEMENT FOR INTERI' CONNECTION BY LEUCADIA COUNTY WATER DISTRICT was adopt.ed by title only and further reading waived, C. Parks and Recreation. C701 1. Agenda Bill #303. Request for transfer of funds from Park and Recreation Reserve Fund I 5, Dept. 114 for improvement of Holiday Park and Max T. Brown Park. Report from the Park and Recreation Director noted that the transfer of an additional $2100 over the budgeted $2,000 will effect the immediate start of park improvements to incfude sprinklers, seeding .and necessary controllers. Upon proper motion, authorization was .given for the transfer of $2,100 from Park and Recreation Reserve Fund to Fund 5, Dept. 114. 9 *- ORDINANCES FOR ADOPTION. I 2701 (a) Agenda Bill #287. Ordinance No. 3083. AN ORDINANCE OF THE CITY OF CARLSBAD REGULATING I PARKS. AND BEACHES was given a second reading by title only and adopted. ['l13](b) Agenda Bill #291. Second reading of Ordinance #9258 and #9259 adopting a specific plan and reclassifying property located at El Camino Real and Haymar Dr. for temporary banking facility. I COUNCILME i I Motion x x 'X Ayes X Motion xx> Ayes ) Motion xx: Ayes ) B _I 0 CITY OF CARLSBAD - -6- December 1 , 1970 - Ordinance #9258. 'AN ORDINANCE OF THE CITY COUNC OF THE CITY OF CARLSBAD ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED ON THE TWO HUNDRED FEET SOUT OF SOUTHEASTERLY CORNER OF EL CAMINO REAL AND HAYMAR DRIVE was given a second reading by title only and adopted. ~~~~ Ordinance '#9259. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSI- FYING FOR- C-2 PURPOSES, ON PROPERTY LOCATED ON THE TWO HUNDRED FEET SOUTH OF SOUTHEASTERLY CORNER OF EL CAMINO REAL AND HAYMAR DRIVE was given a.second reading by title only and adopted. 10- ORDINANCES FOR INTRODUCTION. [30] (a) Agenda Bill #265. Ordinance #7038, provid- inq for installation of sidewalks, curbs and I gu-iters concurrent with bui 1 ding construction. I Discussion was held regarding the proposed ordinance particularly to establishing a figure of $3,000 as a basis to require installation of street improvements. Cmn. Castro reported that a survey had been taken of 40 of the most recent property improvements done by propertywners and 39 of th 40 owners had indicated that had the ordinance been in effect, they would not have proceeded with the improvements. The City Manager stated that in his opinio-n the ordin-ance would be way to bring the city streets up to standard and it was his understanding that other cities used similar requirements. The City Engineer suggested that the improvement need not necessarily be done at the time of the property improvement, but could be required to enter into a future street improvement agreement for future 1911 act improvements. Mayor Dunne stated his oposi'tion to the figure of $3,000 and over improvements and suggested an alternate of 50% of the cost 0.7- the structure .1 The City Clerk presented correspondence received from Mrs. Martha L. Dix opposing the proposed ordinance and stated no other communications had been received. At the request of Cmn. Castro the matter was deferred to the next meeting in order that the public and contractors could have an opportunity to present their views to the Council. [31] (b') Agenda Bi 11 #304. Ordinance #6042, amending Ordinance #6040 regarding business licenses for I . Inter-Ci ty Carriers. - It was noted that recent legislation passed to prevent carriers from being.taxed bJ' cities while travelling through the cities and provides for the carriers to be taxed by the State, and the following Ordinance was introduced: COUNCILME I) - 3) r CITY OF CARLSBAD COUNCILME -7- Ordinance No. 6042. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 6040 REGARDING INTER-CITY TRANSPORTATION 11- CONSENT CALENDAR. [87] A. COMMUNICATIONS - Advisory Resolution- #70-1148 from the City of Modesto California, urging League of California Cities and County Supervisors Association of California to seek action to alleviate litter and waste disposal problem, was acknowledged and ordered filed. 12- CONTINUED BUSINESS [79] (a) Supplement to Agenda Bill k242. Establish- p-olicy statement as to Travel Expenses was deferred to the meeting of December 15, 1970, pending completion of review. '[7,9] (b) Supplement to Agenda Bill #242. Establish- ing pol icy statement #5 as to "Community Rela- tions" was approved. and the Mayor requested the Ayes Council to submit recommendations for appointmen'. X Motion to the committee at the next meeting. xxx Ld] (c) Supplement to Agenda Bill #257. Report bii from CIC as to creation of County Human Relation: ,& i ' Agency under Joint Powers Agreement between County and Cities was acknowledged and a copy of same was forwarded to Supervisor Cravens by the City Manager. ,I? <; [25] (d) Agenda Bill No. 268. Request for policy statement by,>Local Agency .'Formati om Commi ssi on, requiring annexation to municipalities in any areas which require urban services, was present- ed and the following resolution introduced: Res'olution No. 1796. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD URGING THE LOCAL AGENCY FORMATION COMMISSION TO ADOPT A POLICY OF REQUIRING ANNEXATION TO MUNICIPALITIES FOR ANY AREAS WHICH REQUIRE URBAN SERVICES was adopted Motion X by title only and further reading waived. Ayes xxx s [87] (e) Agenda Bill No. 283. Memorandum from the Policy Committee 'of the Comprehensive Planning Organization - re: Prop.osed Regional Decision Maki ng, Body. Mayor Dunne noted this matter had been taken up by the C.P.O. and they will be discussing the authority of voting at the next meeting. The Mayor requested the Council to submit their opinions on the matter to Cmn. MCComas prior to the next CPO meeting in order that he may pr,esen-; ideas for discussion at that meeting. [76] (f) Agenda Bill No. 284. Appointment to the Planning Commission. 1 .. - CITY OF CARLSBAD COUNCILMEI .- -8- %%%$ . zoo0 B .’ I-p f-j {-’ 20 -e m 1.) I. : fl.5 % December 1, 1970 \~~~ 9 UI .. Mayor Dunne annoinced, following the .Executive Session, that Mr. Wm. Dominguez, 3635 Harding had been appointed to fill the unexpired term of Commissioner Gullett which expires in April, 1972. It was noted by Cmn. Lewis that the appointment was not a unanimous decision. [69] (9) Agenda Bill W296. Appointment to Parks and Recreation Commission. Mayor Dunne announced that no decision had been reached on this appointment at the Executive ””. - . Session,and would be made at the meeting of December 15; 1970. Qa Tge Mayor also announced the appointment of Hgrb$rt C. Stalker, 1190 Tamarack, to the Water Committee to fill the unexpires term of Don Hickethier was agreed upon at the Executive Session. i ” L 1 5 13- CURRENT BUSINESS ~ .” . . [81] (a). Supplement to Agenda Bill W146. Sale of Reservoir #3 (Monroe Street) property. Resolution No. 1812. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND ING WATER DEPARTMENT RESERVOIR PROPERTY ON MONROE STREET was adopted by title .only and Motion X furf:her reading waived. Ayes xxx DIRECTING EXECUTION AND DELIVERY OF DEED REGARD- [74] (b) Agenda Bill #306. Authorization for trans- fer of funds for funding of job testing materi- als u Upon proper motion, authorization was given for the transfer of $500.00 from Fund 1-111-215 to Fund 1-111-new object account for job testing Motion X materials. xxx Ayes 14- ADDITIONAL BUSINESS. Mr. John Mamaux addressed the Council supporting the City Manager’s comme.nts re the ordinanceon public and private beaches.. He asked that the City Attorney write for an opinion as to the prescriptive rights to the beach areas due to the recent Supreme Court rulings. Mr. Mamaux further requested that follow up be made on alleviating the air pollution due to the San Diego Gas & Electric Co. plant smoke and was informed by the Mayor that the matter had been discussed with the S.D.G.& E as well as the County Public Health officer. 15- .EATTIFICATION OF BILLS AND PAYROLL. I Ratification was given for payment o,f bills for . the General Fund in the amount of $37,792.44 and the Water Department of $1,317,125.47, totalling 811354,917.91 for the period November 16 to November 30, ’1970, as certified by the Director Motion Of Finance and approved by the Auditing Comrnitte f Ayes XYX -. I)' . CITY OF CARLSBAD COUNCILME, December 1, 1970 Ratification was given for the payrnen.t of the Commi ttee. . 16- ADJOURNMENT. By proper motion the meeting was adjourned at 10:55 P.M. Respectfully submitted, 0 . .. . .