HomeMy WebLinkAbout1971-03-02; City Council; Minutesc-
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CITY OF CARLSBAD COUNCILMEh
Meeting of: CITY COUNCIL (Regular Meeting) -&- Date of Meeting: March 2, 1971 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers
1- ROLL CALL: 7:OO P.M. Present X X
2- INVOCATION was offered by Mayor Dunne.
3- ALLEGIANCE TO THE FLAG was given.
4- APPROVAL OF MINUTES:
Absent X
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(a) Minutes of the regular meeting of February 16, 1971 were approved as presented.
5- COUNCIL COMMITTEE REPORTS:
E551 (a) Trash and Ga.rbage. Go.uncilman Jardine
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stated he and Mr. Gaiser are still working on the possibility of a universal trash rate. :
The City Manager stated he ha.d not yet receiv- ed responses from the eities contacted regard- . ing their success with such a trash system. He also stated there were a few more cities to be contacted.
E91 1 (b) Meeting with School Officials. Council- man Jardine inquired of the City Manager if any response had been received from the School Board regarding a joint meeting with 'them and the City Manager reported a letter had b.een received dated February 23, 1971 from the School Board stating the Board approved the proposed agenda and would 1.i ke to meet with the Council in the 800 Bldg. of Carlsbad High School at 7:30 P.M., March 29, 1971.
Approval was given the date, time, and meeting Motion place, as well as the agenda for a joint meet- ing and the City Manager was instructed to inform the School Board of Council's decision.
The CSty Manager also mentioned a letter from the School Board, dated February 24, 1971 with reference' to the Community Recr.eation Agreemen-; submitted by the City.
L34.1 (c) Chamber of Commer.ce. Councilman Castro stated he had audited the bills for the Chambe % of Commerce and found them to be correct to th? Motion best of his knowledge. He recommended the bills in the amount of $2.,274.55 be ratified at this time..
E281 (d) Mayor's Youth Commi'ttee. Councilman- Lewis stated the Mayor's Youth Committee held
. a meeting on March 1, 1971 at which time the City Manager presented the proposed Park Bond Issue, and committee members expressed great
' interest in assisting'with this bond movement.
Among other topics discussed was the possibilil, ty of ambulance service and the Defy and Life- line Programs. It has not yet been determined if the Defy Program is overlapping the Life- 1 i ne Program.
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COUNCIL COMMITTEE REPORTS - (cont.)
1691 (e) Parks and' Recreation Commission. Council . - - .. -.
man Lewis sta.ted since he was unable to attend
meeti ng: the City Manager to give a report on this the P & R Commission,meeting, he would like ,_
Mr. Arnold reported that the Parks-and Recrea=__ tion Commission discussed the following items: ". ~
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1 .. Park corr.idor concept with relation
2. Land acquisition from .the .State of
3. Summer Recreation Program - recommenda-
to the County.
parcel adjacent to Holiday Park.
tion to Y.M.C.A.
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Mayor Dunne inquired if-the Commission had d.iscussed the Girl's Club at the meeting and Mr. Arnold stated it had been discussed and the Commission was cGncerned about the amount
of land at the park the Girl's Club would use in the future.
c 7 9-1 (f) Joint meeting of City Staff and Developer;. Mayor Dunne stated a productive meeting was held with the city staff and the deiielopers and reported that certain steps would be taken to assist citizens and c.ontractors in solving the bottlenecks that have occurred,in the past.
6- HOUSING AUTHORITY:
[lOS] The Council adjourned to the Housing Authority at 7:07 P.M., and reconvened at 7:lO -,with I four Councilmen present. 'I I
7- PUBLIC HEARINGS: - 7~30 P.M.
[113] (a) Agenda Bill #360. To consider an appeal of the decision of the Planning Commission in denying a specific plan and tentative map for Loma Laguna Unit 4 A Planne'd Community. " : -
Applicant: Becrah, Inc.
Mr. Howard Baumgartner, speaking on behalf I of the applicant requested the hearing be postponed until the next regular meeting when a full Council is present.
Mayor Dunne stated the applicant has the right to request postponement and stated this reques: would be granted. The Public Hearing will be
March 16, 1971. .
Several citizens present objected to any postponement of this appeal.
. heard at the next regular meeting to be held
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CITY OF - CARLSBAD COUNCILMEN
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DEPARTMENTAL REPORTS:
A. City Clerk'
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tion to the City of Carlsbad approximately 169 acres located at the Northeast corner of Palomar Road and El Camino Real.
The City Clerk reported this matter will not require a public hearing as all property owner; within the area proposed to be annexed have consented to the annexation, pursuant to Government Code Section 547.97.1. She further stated the Local Formation Agency has approved this annexation subject to the City and the Airport Land Use Commission making a report as to the future use of the land surrounding. the airport and wbmitting it within. 60 days or prior to the annexation being filed with' the State.
Mr. John Mamaux,.applicant, addressed the Council discussing the pre-annexation with
the Council and pointed out t'he .Airport Land
Use Commission is only an advisory body.
Since there w8.s no further discussion, the following Ordiiiance was introduced.
Ordinance #1132. AN ORDINANCE OF THE CITY OF CARLSBAD APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN PROPERTY DESIGNATED Motion X
"EAST CARLSBAD ANNEXATION NO. 210, wa-s given Absent a first reading and further reading waived. Ayes
B. Engineering .
1. Agenda Bill #363. Request to modify conditions contained in Preannexation-Condi- tional Us.e Permit - re: Ward/Lear property.
The City Engineer stated the owner of this property has requested that Condition #16 be modif,ied to allow deferment of a portion of the public improvement on Lowder Lane until traffic necessitates their construction or until adjacent property bordering the street is devel oped.
Authorization was given. that Condition #1-6 . Motion be modified as recommended by staff. Ayes Absent
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Councilman Jardine,requested that it be made a part of the minute record that when traffic necessitates or the adjacent property border- ing the street is developed, that the original requirement under Condition #16 be completed.
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B. Engineering (cont..)
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C81 I 2. A'cjerida~"Bi11 .362. Sale of surplus City property located adjacent to the Freeway on Knowles Avenue. . .~
The staff was instructed to prepare a Resolu- tion to implement.the sale of property located Motion X adjacent to the freeway on Knowles Avenue, in X staf-'.Absent accorda-nce with the recommendation of the xx Ayes
~351 3. Engineering Dept. Status Report. The Council reviewed the status report and the City Engineer reported on the following.
a) The Tamarack Bridge will be opened sometime around Memori a1 Day.
b) The City Engineer will report at a later time on the approximate date of the opening of the south boudd on- ramp at Elm Avenue. c) The Engineering Dept. is still working on the agreement-between the City and Mr. Citron concerning the Jefferson ... Street overpass and no monies have been deposited at this time.
C. Fire Department.
c511 1. Supplement to Agenda Bill #328. Re- quest for additional appropriati n in State Tra.i:tiing Session for"BomberosV 9
It was .agreed that the original motion approv- ing the $75.00 allowance for the "Bomberos" Motion X be amended and the amount be increased to a X Absent total of $127.00.
xx Ayes
c51 1 2. Agenda Bill #364. Request for Trans- fer of Funds from Account 252 to Account 540.
Authorization was given for the transfer of funds in the amount of $450.00 in the Fire Motion Department budget from Acct. #252 to Acct.
X Absent #540, as requested by the Fire Chief. xx Ayes
[511 3. Agenda Bill #365. Report on bids re- ceived fop Fire Trucks.
Mr. Baldwin, the Purchas'ing Agent, reported seven (7) bids had been Feceived from six
manufacturers for the fire apparatus, and due *-
to the variations in the proposals received, he was requesting that the matter be deferred until the next regular meeting. He also stated the City may be able to obtain a bid thru the County of San Diego.
0. P1 anni ng.
c771, 1. Planning Dept. Status Report.
The Council reviewed the status report from the Planning Department.
The City Planner recommended that a Jr. Planne. be employed due to the fact that a great deal
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D. Planning -(cant.)
of the City Plannerzs time is spent on the
Housing Authority. He further stated that fuid:
are available through HUD funds for this posit’on.
The position of a Jr. Planner was approved and Motion
authorization was given to employ a Jr. Ayes Planner through June 30, 1971. Absent
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E. Personnel o
c631 1. Agenda Bill -#366. Request for addi- tion to classification title and salary range- re: Serra System - Audio Visual Librarian.
An amendment to the classification plan was approved to include an Audio Visual Librarian (Serra System), and authorization given for the emp.loyment of a full-time Audio Visual Librarian at salary range 34, with the condi - tion that all costs be paid by the Ser,ra Regional Library System and if said funds are not received, that the position be terminated.
F. Purchasing.
Motion Ayes Absent
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c701 1. Agenda Bill #367. Request for trans- fer of funds for automotive equipment in Parks Department.
Authorization was given for the transfer of funds in the amount of $700.00 from the Park and Recreation Fund to Acct. #5-114-540 for Motion
the purpose of purchasing two pick-up trucks Ayes for the Parks Department. Absent
9- ORDINANCES FOR ADOPTION:
~1141 (a) Agenda Bill 8337. Ordinance #9262, amend ing Sections 1375 and 1377, Article 13.75 of Ordinance #9060 - re: Planned Community Zone. t Ordinance #9262. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTIONS 1375 and 1377, I ARTICLE 13.75 OF ORDINANCE NO. 9060 (PLANNED COMMUNITY ZONE), was given a second reading Motion
Absent by title only and ,adopted. Ayes
[113] (b) Agenda Bill #350. .Qrd.ina.nce #9263, re-
pealing Ordinance #9182 and adopting a specifif: plan for Daytom Enterprises, Inc. on property located on the South side of Tamarack Avenue between Adams St. and Interstate #5.
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Ordinance #9263. AN ORDINANCE OF THE CITY OF CARLSBAD, REPEALING ORDINANCE NO. 9182, AND ADOPTING A SPECIFIC PLAN FOR DAYTOM ENTERPRISE;, INC., ON PROPERTY LOCATED ON SOUTH SIDE OF TAMARACK AVE. BETWEEN ADAMS STREET AND INTER-
Absent only and adopted. 1 Ayes STATE 5, was given a second reading by title Motion 0
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CITY OF - CARLSBAD COUNCILME
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CONSENT CALENDAR:
A. Communications - Advisory.
a) Carlsbad Union School District. Letter
received from Carlsbad Union School District
addressed to City Manager, dated February 24, 1971 with reference to agreement for community recreation.
B. Communications - Referral.
a) Reservoirs. Letter received from R. King, dated February 27, 1971 with reference
to proposed reservoir at Elm, Skyline and Chestnut and expressing concern in event of earthquake.
The City Engineer was instructed to obtain pertine.nt data regarding reservoirs and deter-
mine what number on the Ricter Scale would ,-
cause concern for reservoirs in the area, said
information to be available at next meeting.
Also, the City Manager was instructed; to con-
tact Mr. King.
b) Cable TV. Letter received from
Century Cable Communications, Inc.., dated
February 24, 1971 requesting permission to
appear before the Council to discuss Cable TV
in the City.
Authorization was given the City Manager to
contact- Century Cab1 e Communications , Inc. and
any other interested Cable TV companies, in- Motion forming them that they may be heard at the Ayes next Counci 1 Meeting. Absent
CONTINUED BUSINESS:
a) Agenda Bill #357. Report on precise
alignment of Hillside Dr. - Request of Donald
A. Briggs, Jr.
After discussion of this matter, it was agreed
that this request be denied until such time
as a Specific Plan is on file and the City
Manager was instructed to inform Mr. Briggs of Council's decision and invite him to attend
a pre-planning conference with-. staff members Motion to investigate the possibility of a detailed Ayes plan. Absent
b) Agenda Bill #355. Council Policy State-
ment #6 - re: Replacement of damaged uniforms for Police and Fire Department personnel.
Council approved and adopted Policy Statement
#6 with reference to replacement of damaged Motion uniforms for Police and Fire Department Ayes personnel, as recommended by staf$. Absent
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CURRENT BUSINESS: (Addendum to Agenda)
~301 a) Agenda Bill #368.. Request for issuance of a stop work order - re: Lot 40, Carlsbad Manor #l.
A letter from the law firm of Stewart, Woodruf and Frazee, dated February 26, 1971 , was pre- sented; said firm representing Mr. Donald Johnson, 4065 Sunnyhill Driv'e, requesting the City to immediately issue a temporary stop- work order to prevent any additional construc- tion of the structure to be located upon Lot 40. Further, that the Council consider the cancellation of the previously issued building permit, with further.directions to the Build- ing Director that no further construction woul be allowed until new plans in conformance with the unobstructed view agreement were submitted
A brief background of the matter was given by the City Manager, making reference to the Council Minutes of November 7, 1967, at which time the subdivision map of Carlsbad Manor Unit #l was approved.
MR. DONALD JOHNSON, 4065 Sunnyhill Drive, representing interested property owners in the area, read a note presented to him request ing the matter continued to March 16, 1971, in -order that a full Council be present.
MR. RIC-HARD GEYER, developer of Carlsbad Manor Unit #1, asked who presented the note and that it be made a part of the Minute Record.
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Mr. Johnson stated Mr. Hunter Cook, City Engineer, had presented him the note.
At the request of Mr. Richard Geyer, it was agreed that the matter be heard at this time.
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A petition, containing 101 signatures was presented to the Clerk, requesting the City Council to revoke the building permit for the two story dwelling issued for Lot 40 in Carls. bad Manor Unit #l, and enact an emergency ordinance limiting the height of structures in Carlsbad Manor Unit #J to a. maximum of sixteen (16) feet.
Mr. Johnson read a statement to the Council, a copy of which has been made a part of the City Clerk's files, requesting the Council to comply with the wishes of the petitioners.
MRS. FRANCES J. HOUTS, 4043 Sunnyhill, addressed the Council, stating'her opposition
I to a two story structure in that area.
The question was raised as to whether the Council based their decision to approve the tentative map on the statement made by Mr. Roy Klema shown in the Council Minutes of November. 7, 1967, and the City Clerk was aske if a tape recorder was used at that time and
if she still had her note book;
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CURRENT BUSINESS.(cont.) (Addendum to Agenda)
The Clerk informed the.Counci1 a tape recorder was not used at the meetings in 1967, and she was not sure if she still had her notes.
MR. RICHARD GEYER addressed the Council and stated his attorney was ill, however, he had conferred with the City Attorney on this matte Further, during the past few days Mr. Moe, Mr. Arnold and Mr. Cook have researched this matter, and if a stop work order is issued, damages will probably commence.
The City Attorney suggested that an emergency ordinance be adopted, prohibiting two story structures in 'Carlsbad Manor #1 , until some- thing more permanent could be adopted. It was his und-erstanding the Planning Department is in the process of studying an ordinance which
v would limit height of structures.
Further discussion ensued, and the following ordinance was presented and read in full:
Ordinance #9264. AN ORDINANCE OF THE CITY OF
FLICT WITH THE CONTEMPLATED ZONING PROPOSAL, was adopted as an emergency ordinance.
Mr. Geyer requested that this meeting be ad- journed to within 48 hours for an on-site meeting. at Alder and Kirk Streets.
It was agreed that this meeting would be ad- journed to Saturday, March 6, 1971 at 1O:OO A.M. in the Council Chambers, and then adjourn to the site.
Mr. Lewis Chase, developer, addressed the Council and asked if this-emergency ordinance applied to all two story houses, and he was informed that it only applied t-0-Carlsbad Manor Unit #I.
CARLSBAD PROHIBITING USES WHICH MAY BE IN CON-
BfrI b) Agenda Bill #369. Request for temporary 7;: * site use of property for cement plant.
MR. W. F. QUILLIN, representat-ive of the Matich Corporation presezted the facts of this request to the Council and stated it is necessary to locate a cement plant in Carlsbad in order to complete the extensive rebuilding work now under way on Interstate #5. He state this location was used previously by his company approximately four years ago and there were no problems at that time.
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Motion
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CURRENT BUSINESS (cont) (Addendum to Agenda)
Discussion ensued by the Council regarding * this matter and it was determined the tempor- ary cement plant was a necessity for the completion of work on Interstate #5. Upon the advise of the City Attorney, the following emergency Ordinance was offered for adoption.
Ordinance #9265. AN ORDINANCE OF THE CITY OF
CARLSBAD ALLOWING TEMPORARY USE OF M ZONED PROPERTY FOR PORTABLE BATCH PLANT, was adopted as an emergency ordinance.
E81 1 c) Agenda #370. Purchase of Elm Avenue Reservoir Site - Group Ten Property.
A motion was made approving Exhibit #2 and directing the City Engineer to continue acquis tion of the property in accordance therewith, as recommended by Engineering Staff.
ADDITIONAL BUSINESS:
[lo41 a) San Diego Transit Authority.. Mayor Dunne reported San Diego Transit Authority is con- templating a County wide transit system, which would include Carlsbad. He announced this subject would be discussed in a executive committee at the League, March 8, 1971 and aga.in at a.4meeting in Rancho Bernardo, March 26, 1971.
P41 b) Bridge at El Camino Real and Vista Way. Mayor Dunne inauired if the Resolution re- gaFding the bridge at El Camino Real and Vista May had been drafted. He was informed it had not, and requested that it be available for the next regular meeting.
E781 c) Truck Route. Councilman Castro reported trucks are still travelling on Jefferson and Harding and are spilling other than water.
~301 d) Freeway Bill boards. Councilman Jardine inquired if the owners of the billboards had been contacted and. was informed they had not. He requested the City At.torney write a letter stating the billboards must be.removed as this was a condition of the annexation.
c381 e) City Manager’s Conference. The City Mana- ger gave a brief report on the City Manager’s Conference at San Jose.
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13- RATIFICATION OF PAYMENT FOR BILLS AND PAYROLL:
Ratification was given for payment of bills for the General Fund in the amount of $34,730.66 and the Water Department of $29,093.72, totallin!
$63,824.38 for the period February 16 thru
X of Finance and approved by the Auditing Committel?.Absent
xx Ayes February 28, 1971 as certified by the Director
Motion
Ratification was given for the payment of the payroll for $49,786.30 for the period February 16 thru February 28, 1971 as certified by the Motion X
Director of Finance and approved by the Auditing Ayes xx Comrni ttee. Absent X
14- ADJOURNMENT:
By proper motion the meeting was adjourned at 10:30 to'reconvene at 1O:OO A.M., March 6, 1971 in the Council Chambers to discuss the matter
X Motion
X Absent of Carlsbad Manor Unit #l.
xx Ayes
Respectfully submitted,
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