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HomeMy WebLinkAbout1971-02-02; City Council; Minutes... . .. CITY OF CARLSBAD COUNCILME1 .. . Meeting of: CITY COUNCIL (Regular rMketi ng .D.ate of Meeting: February 2, 1971 F] Time of Meeting: 7:OO P.M. 0 Place of Meeting:. Council Chambers 37 I -0 "._.. - 1- 2- 3- 4- 5- C551 1281 1 P41 I ~ 1 ~~~~ ROLL CALL: 7:OO P.M. I INVOCATION,was offered by Mayor Dunne. ALLEGIANCE YO THE FLA6 was gi'ven. APPROVAL OF MTNUTES: (a) Minutes of the regular meeting of January '19, 1971 were approved as presented. COUNCIL COMMITTEE REPORTS:' (a). Garbage and Trash. Cmn. Jardi'ne stated the ad hoc committee on trash rate considera- tion convened briefly last week and they plann- ed the direction of deli beration and will be exploring the possibility of a mandatory trash collection system. He stated Mr. Arnold and Cmn. Lewis have agreed to gather informat3on from nearby cities of the same approximate size of Carlsbad and determine the various kinds of trash collection systems used. He stated in the meantime, he and Mr. Gaiser will be working on what they think the rate structure should look like in general terms and will combine their ttioughts with that of Mr. Arnold and Mr. Lewis. At that time, they will have a meeting with the existing contrac- tor and will then be prepared to present a proposal to the Council. They will keep the Council informed from this point. Mayor Dunne inquired if his understanding that this would be on a competitive basis is correct and Mr. Jardine stated that would be the dir- ection they would .consider. (b) Mayor's Youth Committee. Cmn. Lewis stat-1 ed the Mayor's Youth Committee' had met the previous evening and discussed the Motorcycle Ordinance which was explained to them by Police Sgt. Whipple. Those present seemed to be basic ally satisfied with the Ordinance. The lC6mmi ttee discussed the motorcycl e program that is now in effect and Sgt. Gfhipple stated a rodeo would be held Saturday, February 6, 1971 and there will be two more in the future. Other subjects discussed at the Committee meet- ing were Life-line and itspossible over-lapping with the County Health Education sponsored DEFY Program which they will report on at their next meeting, ambulance service, sidewalks and curbs around the schools, a free cl inic and the community center. He stated also presented was a report on the Parks and Recreation Commission meeting by a member of the committee (c) Chamber of Commerce. Cmn. Cas-tro stated he had audited the bills for the Chamber of Commerce and found them to be correct to the best'of his knowledge. He recommended the bills in the amount of $1,977.28 be ratified. at this time. .. Present Motion Ayes ~ 1 1 xx X f 3- fl: X- X xx """-- ~.."?."..."- "_" __ ___ ."_ "xI "__ ~ ._"" ;.e*-. _."~."."."""__".""."__" L "".l,"__."-. """.".-. ...".. -.-..--- --.--"-" .. CITY OF CARLSBAD -2- @, February 2, 1971. a ". . C681 6- [I 051 7- Cl141 I Comprehensive Planning Organization. Mayor Dunne stated that he attended a meeting at the County to discuss the status of the C.P.O. He stated there-has been a new reorganization of of the C.P.O. in which the staff is now oRe step below the County. He stated this is of some concern to the C.P.O. policy committee and though no decision was made, they decided to recommend to the policy committee that the staff op-erate independently and that in the event any changes were made in the staff by the County, the policy .committee would be advised and consulted before such changes were made. HOUSING AUTHORITY The Council adjourned to the Housing Authority at 7:08 and requested a continuance of the Housing Authority at 7:30 when they reconvened for a public hearing with all Councilmen presen The Council re-adjourned to the Housing Authori ty at 8:04 and reconvened at 8:34 with a1 1 Councilmen present. PUBLIC HEARINGS - ?:3@ P.M. ~ I (a) .Agenda Bill 337. To consider'an amendment to Sections 1375 and 1377, Article 13.75 I of Ordinance No. 9060 - re: Planned Community 'Zone. I The City Clerk presented the Affadivit of Pub1 ication and announced no written correspond ence had been- received. The City Planner gave a brief report on the proposed amendment stating that in working with developers in the preparation of specific plans for Planned Community Zone areas, it has become apparent that certain changes would be appro- priate in order to add more flexibility to the zone. The proposed C-2 zone would allow cock- tail lounges etc. in conjunction..with a golf course club house. It was also proposed that the parking requirements in,the P-C zone be amended. Councilman Lewis stated it was his understandin that when there were. any proposed changes in land development, the contractor and real tors andall those affected by such a change would be notified. Councilman McComas stated he fel t the general pub1 icy contractors and real - tors were made aware of any change by the legal -notice in the newspaper and he did not think it was necessary to invite them to a special meeti ng. - IC Lewis Chase, 4045 Baldwin Lane, Carlsbad, contractor and developer addressed the Council and stated his firm had not been. contacted as tc the proposed change and felt that someone on the staff. should contact the developers when they contemplate a proposed change. Further,. it was his opinion that when any change or ordinance is proposed, the affected persons should be contacted prior to a public hearing 1 bei'ng he7 d. COUNCILMEI \\\\ %%L,T 18 fizz- Yfl w i c"""..%- """.,""~.- "---------"i" I._r__._"_ ~ __"___"" ~~".~."""-"--~-~-~~-- --I- '. CITY OF CARLSBAD ' . CQUNCILMEI -3- 0 February 2, 1971 -. . ~- ~~ ~ - ~~~~ ~~ Public Hearing (continued) As to the C-2 zoning that is being proposed, Mr. Chase stated, it should be handled by way of a ConditiGnal Use Permit rather than under the P-C zone uses. The City Planner stated the C-2 Zone proposed under this amendment is is onqy one phase of the P-C Zone. Mr. Chase suggested that guide lines be established for the staff. The City Manager pointed out the Planned Community Zone is a difficult zone to work with This does not mean that it is not f-unctional. Due to the terraine in the City, this zone could be the most used at a later date. A good example is that a development such as La Costa could not be developed under the prese,nt P-C Zone. Mayor Dunne'pointed out that the Community Involvement Committee would be a good place to discuss any proposed changes. .After further discussion, Cmn. Lewis requested the matter be continued in order that he .could make further investigation, and due to h1s understanding that outside persons wouqd be being presented. , contacted prior to an ordinance or amendment I i By unanimous consent of the Council, the Public Hearing was continued to February 16, 1971 at 7:30 P.M. I 8- DEPARTMENTAL REPORTS: A. Engineering I341 1. Agenda Bill 338. Street light energy and maintenance Assessment Districts. a "-.- The City Engineer stated that as..a result of the Traffic Safety Committee's recommendation that there should be m0r.e lighting in certain areas of the City that are not wel'l lighted now and also as a result of the staffs review of last years budget and discovery that a con- siderable portion of the general fund expendi- tures went to maintain and buy energy for street lights. It was the' staff's recommenda- tion that the City Engineer recommend to Council that the formation of a Lighting Mainte ance District be set up throughout the City. .The City Engineer a1s.o stated the assessments would be collected by the County Tax Collector as a special levy on the property tax bill. After discussion, the motion was'made to in- struct the City Engineer to prepare a report anc District Map in accordance with Sections 18660 and 18661 of the Municipal Lighting Maintenance District Act for Council consideration. 1 "I"." "."" . T I r I i - Motion Ayes 1: X f b 6: X xx - CITY .. OF CARLSBAD -4- _.- . 0 February 2, 1971 ~ ~~ ~ ~~~~~~ ~ I A. Engineering (Continued) C951 . 2.' Agenda Bill 339. Recommendation from CIC regarding sidewalk improvements around schools. Discussion ensued regarding the fact that the school district has stated they cannot build scho'ols as well as furnish sidewalks. Su h expenditures are not included in their . bugget. Mayor Dunne stated.that the City cannot require districts to furnish sidewalks as they can subdividers, etc. .Since there was no further discussion'regarding this matter, a motion was made that the City atk school.officia1s regarding the matter of sidewalk improvements in the school district. ! 1' staff be directed to explore with the appropri- ~ 181 1 3. Agenda Bill 340. Relocation of. l.ine on water systems property located in Oceanside North of Vista Way. I. I - ' Mayor Dunne inquired if there were-any question regarding this matter or any discussion. Mr. Harry Truax, an Engineer for the firm of E. Brian Smith Engineering, stated he was re- presenting Mr. Harry Singh. He stated the City-has an easement for a water line across the property owned by Mr. Singh in the City of Oceanside. He stated Mr. Singh was requesting from the Council permission to re-locate the water line owned by the City and also has proposed to buy from the 'City a triangular piece of property adjacent to the property he owns. Mr. Truax stated the relocation of the water line would cost the City nothing as Mr. Singh will withstand the cost of $20,000 for its relocation and is offering the sum of $1 .OO for the triangular piece of prop,erty. He stated it was his understanding that the appraiser for the City felt the sum of $1 .OO was not a realistic figure and that the val'ue of the property was worth considerably more. He stated his client did not feel that'it was. After further discussion by the Council, it was the conclusion of the Council that this im- provement was not needed by the City and would only benefit Mr. Singh. A motion was made instructing the City Enqineer to discuss further with Mr. Singh or his . representative the possibility of obtaining some basis of negotiation prior to actual appraisal. 0 .. ",.".. -. c 1 1 4 I COUNCILME1 %3\ 2 [I .b Yotion Ayes X Motion Ayes x \E 23. Pfl UI X xx X :xx "." * '--""-~-.~-."~~."",~"""-.-~-r.-r"-.~-~"" .". ~"""""-~--""- I. ,- ,. .. .. CITY OF CARLSBAD COUNCILMEI . e February 2, 1971 . +?5 c* . E631 9- c741 ..a E741 .,." . . -. -5- .... - 2 1 \! A. Engineering *(continued) I 4. Agenda Bill..No. 341. Water main relocation agreement in Park Drive - L. R. Partnership. The matter of the water main relocation agree- ment was discusse'd by Council and they referred to Paragraph X7 which they requested be amend- ed to read to the effect that if L.R. Partner- ship is-unable to complete that portion between Valencia and Marina, as called for in the agreement, it will not be reimbursed for that portion and must withstand payment of front- line charges for that portion. In reference to item X3 under Convenents, the Council requested that it be amended to read in effect that the pay back period be extended from ten (10) years to fifteen (15) years. These amendments were requested upon the recom- mendation of the Engineering staff. By proper motion, the Mayor was authorized to execute the agreement as amended, with L. R. Motion Partnership, on behalf of the City. Ayes B. Library 1. Agenda Bill No. 342. Request for approval of "Store Front" Library. I Approval was given for the Store Front Library in accordance with the request of the Library Board of Trustees and the Librar.ian. Mr. Hill, President of the Board of Library Trustees was present to review the purpose of having the Store Front Library which would be located at HUD Headquarters. A motion was made to approve'the opening of a "Store Front" Library at the HUD Headquarters, and authorization given for transfer of $150.00 from the Library Reserve Fund to the appropri- ate expenditure accounts. Ayes . ORDINANCES FOR ADOPTION: I (a) Agenda Bill 326. Ordinance No. 1130, amending Ordinance #1120, regarding Personnel Merit System, and repealing Section 9, as to residency requirement. Ordinance #1130. AN ORDINANCE OF THE CITY 'OF CARLSBAD AMENDING ORDINANCE #1120, REGARDING Motion PERSONNEL MERIT SYSTEM, was given a second Ayes . reading by title only and adopted. Abstaine (b) Aclenda Bill 333. Ordinance #1131 , repeal - ing sub-section (a) of Section 5, Oi-dinance #1005, regardi ng Hol i days. Ordinance #1131. AN ORDINANCE OF THE CITY OF CARLSBAD REPEALING SUB-SECTION (a) OF SECTION Motion FIVE OF ORDINANCE 1105 REGARDING HOLIDAYS, was Ayes given a second reading by title only and adoptec .Abstain 1,' X xxx X xxx X xxx d X xxx ec T."."" . .. .. . . CITY OF CARLSBAD COUNCILME1 .. February 2, 1971 -6- -- " 10- ORDINANCES FOR INTRODUCTION: There were no o'rdinances for introduction. CW EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 1O:lO P.M. for the purposci of discussing personnel and reconvened with all members present at 10:26 P.M. Mayor Dunne announced the appointment of R. L. Barrett, 1735 Tamarack Avenue, Carlsbad to the Water committee. Also appointed wasMr. Lewis Moe, 750 Grand Avenue, Carlsbad, to serve as interim City Attorney effective February 6, 1971, at a monthly salary of $962.50 per month as agreed by Mr.. Moe. 11- CONSENT CALENDAR: *A. Correspondence - Advisory. C821 1. Agenda Bill 256. Letter from Mr. and Mrs. Meier - re: Requiring public improvements as a condition for issuance of building permit. ". The Council acknowledged the letter from Mr. and Mrs. Meier and the letter was ordered- filed. !. B. Correspondence - keferral. .. U10l 1. Agenda Bill 343. Letter from Carlsbad Municipal Water District dated January 21, 1971 re: Operation of Water System. Mr. Fred Maerkle, Chairman of the Board of Municipal Water District was present and ad- dressed the Council stating.under advisement of his staff, it was their feeling that a poSsible meeting with the City Staff and CMWD staff could be arranged to discuss the feasi- bility of CMWD taking over the operation of the City Water System and thereby assisting tax- payers. * Mayor Dunne stated that anything the City would do would be in the best interest of the tax- payer and he inquired of Mr. Maerkle if it was the intention of CMWD to include complete ihtegration of the two entities. Mr. Maerkle stated he felt something could be agreed upon as to combining the. operation. . Mayor Dunne appointed a Committee consisting of Cmn. McComas, the City Manager, and Robert Watson, Chairman. of the Water Committee and the City Attorney to prepare a preliminary report as to zones of agreement and items for discussion before meeting with members of CMWD and requested that it be submitted at the meeting of March 2, 1971. The City Manager was instructed to prepare a letter to CMWD fbr the Mayor's signature conveying the Council's decision to form a Committee for preliminary study . 0 -."-I. ~~ "".. --. -. -"r ,-.. - ."" .. . CITY OF CARLSBAD -7- -. @ February 2, 1971 - I ' .COUNCILME1 .. 23 w Agenda Bill 8343 (continued) I .' The City Manager requested that the 'Committee also pursue the feasibility of the City taking over the ope-ration of CMWD, as it is the usual practice to have the larger operation take over the smaller one. The City Manager also re- quested that the Council request CMWD to com- plete and .return the Salary ,Survey form sent to them. C91 I . 2. Agenda Bill No. 343. Letter from Carlsbad Union School District - re: Coopera- tion of School District and City as to mutual needs. 'Mayor Dunne appointed an ad hoc committee con- sisting of Cmn. Jardine and Cmn. Lewis to meet with Dr. Harmon and Mr'. Ralph Palmer of the School District for the purpose of exploring specific items for discussion, preparing an agenda and coordinating a time and place .for a joint meeting of the two bodies. C. Resolutions for adoption. C621 1. Agenda Bill 344. Resoluti,.on #1825, requesting California Legislature to provide meaningful Tax Re1 ief. I Resolution No. 1825. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALRSBAD REOUESTING THE CALI'FORNIA LEGISLATURE TO PROVIDE MEAMINGFUL I TAX RELIEF FOR THE HOMEOWNER BY ENACTING LEGIS- LATION FOR TAX REFORM WHICH EMBODIES A BALANCED REVENUE PROGRAM TO MEET THE ONGOING NEEDS OF CITIES, was adopted by title only and further readi ng waived. !Motion I Ayes ~ E621 2. Agenda Bill 345. Resolutfon No. 1826, approving in principal granting voting fran- chise to 18 year olds. Mayor Dunne requested this matte,r.be taken. off the Calendar for'the present time. I l6*] 3. Agenda Bill 346. Resolution No. 1824, endorsing the Presidents' Guidance Letter. I Resolution No. 1824. A RESOLUTI.ON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ENDORSING THE PRESIDENTS' GUIDANCE LETTER, was adopted by Ayes title only and further reading waived. Motion i"- .CONTINUED BUSINESS: I I P8] (a) Agenda Bill 347. Appointment to Water Commi ttee. I .I 1 Mayor Dunne called for an Executive Session to discuss Personnel at 1O:lO P.M. and reconvened at 10:26 P.M. with all members present. Mayor Dunne announced the appointment of Mr.' R. L. Barrett, 1735 Tamarack Avenue, Carlsbad to the Water Committee. ".. . X I X B 3: PV fl X xx X xx "-," "_."._"_Y_ _-I .""_^_" """" --- .. ---~"-,r"r"" I_ . ".-."---~""- " CITY OF CARLSBAD COUNCILMEI February 2, 1971 28- .. . \\y\ 24 "gi CURRENT BUSINESS: (a) Agenda Bil-l 348. Request for temporary use of Council Chambers for Courtroom. After discussion, by proper motion, it was agreed that only the Council Chambers be made available for the Courtroom, in accordance with the San Diego County Board of Supervisors request- subject to a satisfactory agreement being negotiated and the approval of the Build- ing Authority. The City Manager and the City Attorney were ins.tructed to negotiate a lease between the County of San Diego and the City and the City Manager stated that after all the preliminaries had been set with the County, he will call for a meeting with the Building Authority-for their approval. .Mr. William Dominguez and Mr. Carl Pippin, representatives of the County, were present to answer questions from the Council. (b) Agenda Bill 349. Availability of fi:l'tere,i water service. ' . .t .. Carlsbad Municipal Water District, in 'letter ' dated January 4, 1971 , advised the City that filtered water will be available through the San.Diego County Water Facility, and stated . that the State Health Department had previousl: indicated that the City will be compellkd to have filtered water for consumers of the City. A motion was made that the City Council of the City of Carlsbad endorse the philosphy and appearance of filtered water in the City of Carlsbad. ADDITIONAL BUSINESS: (a) Legal' Matters. Mayor Dunne-.'inquired of the City Attorney if there were any legal mat- ters to be discussed and the City Attorney reported he is making a. list of all legal matters which he will review with the interim City Attorney. He also stated the City Code Books should be available shortly. (b) Acknowledgement of Letter. Council ac- knowledged letter from Mrs. Potter objecting to reservoirs in residential areas. It was pointed out that this. is a necessity in order .to serve those areas. (c) Acknowledgement of Letter. Council ac- knowledged letter from Mr. Oakley Parker pro- testing decision of Fire Department in refer- ence to requirement of fire hydrant at 939 Laguna Drive. The City Manager pointed out that this is with in the jurisdiction of the Fire Department and he would make a written reply to Mr. Parkel as to the reasons this is necessary. r 1 j Y - r \\I Motion X Ayes .xxx . '. ,. . . ' ,. . '.. . . . - ...~ ._ . ._ .. . . . . . . . . . . L ..;,:.:- -* ... -. - ..! . .. - .Y .. . . Motion X Ayes xxx i I I ~ -----"---~-- "". """"-T "." ;""".." "".""" * -I" "-C------"~"-" .- .. & &A &? I ' .-$ - CITY OF CARLSBAD .e * I Februa COUNCILME -9- ry 2, 1971 ADDITIONAL BUSINESS: (continued) (d.) Second-hand Dealers Ordinance. Mr. Arnold stated the Police Chief and the City Clerk are still working on this ordinance and . it will be presented when it is ready. (e) . Establishment of Truck Route. Discussion was held regarding the establishment of a truck route through Carlsbad which has been disrupted due to Freeway construction. The Mayor requested that a Resolution be pre- pared establishing a truck route through Carls- bad, to be presented at the nex't regular meetinc . (f) Stop Signs at Railroad Crossings. The Council discussed the matter of stop signs at railroad crossings and the fact that they are now in violation of the State Code. .. It was the decision of the Council that since they are in violation of the State Code, all stop signs at railroad crossings in the City .of Carlsbad must be removed. The possibility of having warning signs at these crossings was a1 so discussed. (9) Trash Abatement. Mayor Dunne pointed out the fact that the grassed-in area at Poinsettia Plaza is in need of trash abatement and the City Manager stated he would speak to Mr. Radcryci'ch at the Plaza about this. (h) Appointment to .Ann,a.pol is Academy. . Cmn. Castro announced the agDointment of Dennis Martinez, 3242 Roosevei t , Carl sbad to He requested a letter of congratulations be sent and requested to affix his signature. (i) Mayor's Youth Committee. -Mayor Dunne requested that the Assistant City Planner attend the Mayor's Youth Committee to discuss parks. The City Manager stated he would attend (ki) Reports. Mayor Dunne requested that an additional item known as status reports be 'listed on the agenda'under Enaineering and P1 anni ng. I (k) C.B.D.A.C. Mr. Truax stated this committe has changed its meeting place to Nystrom's Res- taurant but time and date will remain the same RATIFICATION OF PAYMENT FOR BILLS AND PAYROLL. I Ratification was given for payment of bills for the General Fund in the amount of $58,724.31 and'the Water Department of $5,165.02, totallin $63,889.33 for the period January 16 to January Finance and approved by the Auditing Committee. 31,. 1'971 as certified by the Director of .. I Mot AY e i I 1 ion S xxx: *__ . . . , CITY OF CARLSBAD -I()- . . .- -. .” ‘., COUNCILMEN @ February 2, 1971 . 14- RATIFICATION FOR BILLS & PAYROLL (continued) Ratification was given for the payment of the payroll for $48,298.58 for the period January 16 to January ‘31, 1971 as certified by the Director of Finance and approved by the Audit- ing Committee. 15- ADJOURNMENT: By proper motion the meeting was adjourned at 11:00 P.M. Respectfully submitted, . City ($erk . . . . . lotion \yes