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HomeMy WebLinkAbout1971-03-16; City Council; Minutes.* B - B '. CITY OF CARLSBAD .. . . COUNCLME Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 16, 1971 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers L 1- 2- 3- 4- 5- ~91 E281 [551 E281 E621 1 ROLL CALL: 7:OO P.M. INVOCATION was offered by Mayor Dunne. ALLEGIANCE TO THE FLAG was g.iven. APPROVAL OF MINUTES: (a) Minutes of the regular meeting of March 2 , 1971 were approved as presented. COUNCIL COMMITTEE REPORTS: (a) Parks and Recreation Commission. Council - man Lewis reported- on the Parks and Recreation Commission meeting and stated the Y.M.C.A. sub- mitted a proposed program for the summer recrea, tion program. Discussion was held by the P & R Commission regarding the Greenwood Property and a presentation was made by Mr. and Mrs. Ferraro far Kampgrounds of America. A motion was made approving the tentative plan submitted by the Y.M.C.A. for the. summer recrea ti on program. (b) Library Board Meeting. Councilman Lewis reported on the Library Board Meeting and the Librarian's request .to close the west door of the Library due to problems that have arisen with the door being left open. Mayor Dunne stated this matter had been discussed with the Librarian previously and it was decided that the. door would remain open, however, he would reconsider it and instructed the City Manager to submit a report. (c) Garbage and Trash. Councilman Jardine reported that the City Manager and Councilman Lewis are'still gathering .information regarding this matter. Councilman Castr.0 inquired if the committee members were aware that the County is raising their rates at the dump. (d) Water Committee Meeting. Councilman McCom brieflv rePorted on the Water Committee meetinq and stited' in regard to the Water'Bond that the City may have to go further and sell additional Bonds to complete the minimum project. The City Engineer gave a brief report on the Engineering status of the planned water improve ment systems and stated construction should begin sometime this summer. A motion was made authorizing and directing the Water Committee to make a study of ,,:Water rates and other factors in connection with the Water Improvement Bond Issue. (e) Shore1 i ne Control Legi sl ati'on. Mayor Dunne reported on a meeting he attended in San Francisco regarding Shoreline Control and stated they are opposing the idea proposed to ban development from the mean high water line to 1,000 yards back from the shoreline. The Mayor also extended an invitation to Council to attend-the C.P.O. meeting at Rancho Bernardc March 22, 1971 . Present X X Motion Ayes xx Motion Ayes xx -,. S ~ Motion X ~ Ayes xx: , , i .. .. :. . CITY OF. CARLSBAD -2- I) March 16, 1971 D 1 6- HOUSING AUTHORITY [lo51 The Council adjourned -to the. Housing Authority at 7:16 and reconvened to .the Council meeting at 7:29 with all Councilmen present. 7- PUBLIC HEARINGS:' The hour of 7:30 P.M. having. arrivedg the Mayor declared the Public Hearings opened. ~51 (a) Agenda Bill #371. To consider a Pre- annexation zone change and Master Plan for pro- perty situated at the Northeast corner of Palo- mar Airport Road and El Camino Real. Applicant: John J. Mamaux and Bert G. Stalford The Deputy City Clerk presented the -Affadavit of Publication and stated written communication had been received from Mr. Donald Loker in opposition to and Carlsbad Yunicipal Water District in. favor of. The Mayor announced the Counci 1 would 1 i k,e to . hear from anyone who wished to speak in favor of this pre-annexation zone change and Master P1 an. The following persons spoke in favor of this request. Mr.-John J. Mamaux, applicant -- 1393 Basswood Avenue, Carlsbad. Mr. Jerry Belt, Real Estate Broker -- 2072 Truesdell Lane , Carl sbad. Mr. Donald Briggs, an interested citizen -- 4115 Sunnyhill Drive. In opposition: Mr. Donald P. Loker, adjacent property owner -- 2373 Woodacre Drive, Oceanside. The Public Hearing was closed at 8:25 P.M. , Discussion ensued by the Council and the following Resolution was offered for adoption. I Resolution No. 1829. A RESOLUTION OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION COUNTY ZONING TO P-C (PLANNED COMMUNITY) ZONE, A.ND.ADOPTION OF A MASTER PLAN, ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND PALOMAR AIRPORT ROAD, was-adopted by title only and further reading waived. REGARDING A PRE-ANNEXATION CHANGE OF ZONE .FROM S i .I The followi-ng Ordinances w-ere given a first reading. COUNCILME Mo't i on Ayes xx , ,. .. ,. .: .. CITY OF . CARLSBAD ., 1. . . COUNCILME -3- 5 [r a March 16, 1971 Agenda Bill #371 (cont.) Ordinance No. 9266. AN ORDINANCE OF THE CITY OF CARLSBAD, ADOPTING A MASTER P.LAN SUBJECT TO ANNEXATION OF PROPERTY TO .THE CITY OF CARLSBAD, Motion reading by title only and further reading waived. REAL AND PALOMAR.AIRPORT ROAD, was given a first XXI Ayes LOCATED ON THE NORTHEAST CORNER OF EL CAMINO ) Ordinance No. 9267. AN ORDI-NANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANTING A PRE-ANNEXATION CHANGE OF ZONE FROM COUNTY ZONING TO P-C -(PLANNED COMMUNITY) ZONE ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF Motion EL CAMINO REAL AND PALOMAR AIRPORT ROAD, was Ayes xx given a first readi'ng and 'further reading waived. [114] (b) Agenda Bill #372. To consider an amendment to Ordinance No. 9060, creating a Public Utilitg (P-U) Zqne. The Deputy City Clerk presented the Affadavit .of Publication and stated no written correspond- ence had been received. . The Planning Director briefly reviewed the reason for this amendment. MR. DONALD BRIGGS, 4115 Sunnyhill Drive, Carls- bad, addressed the Council and expressed con- cern regarding a safeguard for -taxes-on Public Utili ties. The City Manager explained this would have nothing to do with this amendment as the State assesses all utilities. The Mayor declared the Public Hearing closed at 8:32 P.M. After further discussion by Council , the follow- ing Resolution was offered for adoption. Resolution No. 1830. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING AMENDMENT TO'ORDINANCE NO. 9060, BY ADDING UTILITY) ZONE was adopted by title only and Ayes xx further reading waived. The following Ordinance was given a first reading. Ordinance No. 9268. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY ADDING ARTICLE 13.55, CREATING A P-U (PUBLIC Motion X UTILITY) ZONE, was given a first reading by Ayes xx title only and further reading waived. FINDINGS AND DECISION RELATING TO THE PROPOSED. THERETO ARTICLE 13.55, CREATING A P-U (PUBLIC X Motion I I ~ I * 0 _e ! 1 'c CITY OF .I CARLSBAD ,. . . .. . COUNCILME I) I 0 v -4- I j \\y c %o 057 ot I 51 fl%$ %OR March 16, 1971 R [71] .(c) Agenda Bill #373.. To consider an Appeal' of the decision of the Planning Commission in denying a variance to allow reduced off-street parking. Appellant: Daniel .C. Soto The Deputy City Clerk presented the Affadavit of Publication and reported written communica- tions in the form of petition letters had been received from 30 downtown businessmen, request- ing approval. The following persons spoke in favor of this variance. MR. NICK SAUER, 2965 Roosev.elt St., Carlsbad, Attorney for the Appellant, expressed approval and made reference to Resolution No. 383 of the City of Carlsbad granting a similar variance in the same approximate 1 ocation. MR. CLAUDE HELTON, 2829 State St., Carlsbad, downtown businessman. MR. FRED.MAERKEL, 2763 State Street., Carlsbad, downtown businessman. I MR. HARRY TRUAX, 2656 State Street, Carlsbad, employee of E. Brian Smith Engineering. As there was no opposition, the Public Hear.ing was closed at 9:05 P.M. Discussion ensued regarding this variance and Resolution No. 1831 was offered for ado-ption for the following reasons.: 1. .. \ 1. It is an existing business. 2. Additional parking spaces are 3. T.he peak hours for this business do being created by this application. not interfere with existing businesses in the downtown area. immediately to the rear of said build- ings on Santa Fe Railroad property. 4. There Presently exists a parking lot Resolution No. 1831. A RESOLUTION OF THE CITY OF CARLSBAD GRANTING APPEAL OF DECISION OF THE PLANNING COMMISSION REGARDING A VARIANCE TO SPACES REQUIRED AT 2943 STATE STREET, was adopt- Motion ed by title and further reading waived. Ayes xx ALLOW REDUCTION IN NUMBER OF OFF-STREET PARKING [la31 (d) Agenda Bill #360. (cont.) To consider an Appeal of the decision of the Planning Commissiol in denying a Specific Plan and Tentative Map for Lorna Laguna Units A - Planned Community Develop- ment for 44 Units. Appellant: Becrah, Inc. The Deputy City Clerk presented the Affadavit . of Pub1 i cation. Mayor Dunne announced the Planning Commission received approximately 161 signatures on a petition opposing the proposed Loma Laguna Development. x 7. CITY OF. CARLSBAD -5- March 16, 1971 ~~ 0 AB #360 (cont.) ~~~~~ ~~~~ The fol1owing.persons spoke in favor of the Specific Plan and Tentative Map. MR. LEWIS CHASE, 4054 Baldwin Lane, Carlsbad, representative of Becrah, Inc.. MR. W. ALLAN KELLY, 3345 Spanish Way, Carl sbad, representative of.Becrah, Inc. The following persons spoke iri opposition: MR. GEORGE LEWIS LONG, SR., 4890 Sevilla Way, Carlsbad, representative of Homeowners of Laguna Rfviera Subdivision. DR. MAX AMOSS, 4810 Kelly Drive, Carl sbad, an interested citizen. MR. THOMAS REDDICK, 4910 Hillside Drive, Carlsbal an interested citizen. MR. JAY HOFFMAN, 4901 El Camino Real , Carlsbad, adjacent property owner to proposed development. The Public Hearing was declared.closed at 11:04 P.M. was offered for adoption for the P.ollowing reasons: . After further discussion, Resolution No. 1827 1. Inadequate parking facilities. 2. Inadequate recreational areas. 3. General insufficiency of overall design - as per staff 'opinion. Resolution No. 1827. A RESOLUTION OF THE CITY OF CARLSBAD DENYING, WITH.OUT PREJUDICE, APPEAL OF DECISION OF PLANNING COMMISSION REGARDING SPECIFIC PLAN AND TENTATIVE MAP FOR LOMA LAGUNA UNITS, was adopted by title only and further reading wafived. UNIT A - PLANNED COMMUNITY DEVELOPMENT FOR 44 8- DEPARTMENTAL REPORTS: A. City Clerk c361 1. Agenda Bill #374. Request for transfer of funds from A/C 299 (Special Departmental Supplies) to A/C 540 (Capital Outlay for purchase of files. Approval was given for the transfer of funds in the amount of $230.00 from Acct. #1-102- 299 to Acct. #1-102-504, for the purchase of one (1) unit of wall files. B. Engineering e4+@1 1. Agenda Bill #375. Land acquisition for to Elm Avenue Reservoir site and easement; re: Water Systems Improvement. The following Resolution was:offered for adoption: Resolution #1832. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING CONDEMNATION OF THE LAND FOR RESERVOIR AND RIGHT OF WAY PURPOSES, was adopted by title only and further reading wa i ved-. 7 i '. COUNCILME Motion X Ayes X X Noes Motion Ayes xx Motion xx Ayes X CITY OF. CARLSBAD , ' COUNCILME - -6- .. ' March 16, 1971 0 Dl1 ~511 c2Kl c77 1. ~831 9- c251 10- c701 E!. Engineering (cont.) 2. Agenda Bill #362. (cont.) Sale of sur- plus City property located adjacent to Free- way on Knowles Avenue. Approval was given for the sale of surplus City property 2800 sq. ft., located adjacent to the Freeway on Knowles Avenue. C. Fire Department 1. Supplement to Agenda Bill #365. Report on Fire Truck-bids and studied recommendatio The Fire Chief reported he had reviewed the seven bids from six manufacturers and re- commended the bid 'received from American La France in the amount of $42,139.55 per un The low bid submitted by American' La France was accepted and authorization given for the purchase of two (2.) fire trucks in the amoun of $42,800.00 per unit to include additional equipment as recommended by. the Fire- Chief and to be delivered as indicated by the City Manager. 2. Agenda Bill #384. Declaring certain property a public nuisance - re: Rock Aven Apartments. The City Attorney informed the Council that no action need be taken by Council and that the first steps should be initiated by the Building Department. D. P1 anning Department. 1. Planning Department Status Report..- Council acknowledged receipt of Planning Department Status Report and Mayor Dunne instructed the Planning Department to add criteria for Planned Community for Becrah, 1 E. Public Works Department. 1. Public Works Status Report. Council acknowledged receipt of Public Works Status Report. ORDINANCES FOR ADOPTION: (a) Agenda Bill #361. Second reading of Ordinance #1132 ,- approving annexati on of property designated "East Carlsbad Annexa- tion #2.10. Ordinance No. 1132. AN ORDINANCE OF THE CITY OF CARLSBAD APPROVING ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN PROPERTY DESIGNATED "EAST CARLSBAD ANNEXATION NO. 2.10, was given a second reading and adoptec CONSENT CALENDAR: - .~.~ ~ A. Correspondence - Advisory. 1. Agenda Bill #376. Letter from North Coast Family Y.M.C.A. expressing apprecia- tion for maintenance of Y.M.C.A. Aquatic Park Facility. Council acknowledged receipt of letter from North Coast Family Y.M.C.A. Ip rC il t r j. 53 * ,. Motion xxx Ayes x >. a. Motion XX) Ayes X C. Motion Ayes xx e - 0 .. . . _. . CITY OF CARLSBAD I. -7- March 16, 1971 CONSENT CALENDAR (cont.) B. Correspondence - Referral. C741 1. Agenda Bill #377. Referred to staff for preparation of Employer - Employee Relations resolution as a result of a re- quest for formal recognition by Carlsbad Police Officers' Association. Authorization was given staff to draft an Employer - Employee Relations Resolution for consideration by Council in connection with the request of the Carlsbad Police Officers' Association for formal recognitior. I391 2. Agenda Bill #378. Referred to Parks and Recreation Commission for inclusion in 1971-72 Budget - letter from Boy's Club of Carlsbad requesting funding for annual Summer Community Swim Program. Counci 1 referred Summer Community Swim Program to Parks and Recreation Commission for consideration and recommendation. C. Resolutions for Adoption. E541 1. Agenda Bi 11 #383. Resolution #1833, requesting traffic signal at Vista Way and El Camino Real. Resolution No. 1833. A RESOLUTION OF THE NAL AND OVERPASS WIDENING AT VISTA WAY AND EL CAMINO REAL, was read by title only and further reading waived. Mayor Dunne instructed staff that copies of this Resolution be sent to J. Dekema, Divi- sion of Highways, Assemblyman Stull, Senate.. Burgener, and the Mayors of Oceanside and Vista. 11- CONTINUED BUSINESS: [741 (a) Agenda Bill #379. Memorandum from CITY OF CARLSBAD REQUESTING A TRAFFIC SIG- Mayor Dunne to Council members - re: New Development Projects. The City Manager informed the Council that there is a volume of information that must be gathered and may take as long as thirty days to gather with reference to New Devel- opment Projects. Mayor Dunne appointed committee consisting with City Manager in reviewing Mayor's memo relative to establishing guidelines for contractors and developers to assist them in meeting current engineering criteri . and P1 anned Community Concepts. of Councilmen Jardine and McComas to work COUNCILME Motion xxx Ayes X Motion xx)I Ayes 1 Motion xx: Ayes ) '1 .. I. .. , . . CITY OF CARLSBAD -8- 0 March 16, 1971 - @ 12- C861 C681 C681 c851 c701 8 [MI 2s . .. " ~~~ ~~~ CURRENT BUSINESS: (a) Agenda Bill #380: Presentation by Century Communications, Inc. .- re: . Cable TV There was no representative present from Century Communications, Inc. A representative from Oceanside Cablevision requested permission to be heard. MR. LISLE SMITH, 4110 Park Drive, Carlsbad General Manager .of Oceanside Cab1 evi si on stated that Cable Television is restricted from interrupting signals fr-om within a 35 mile radius of TV transmitters, the nearest to Carlsbad being located in San Diego. He stated this restrictjon is im- posed by the FCC and,at this time, no definite action could be taken by the Coun- cil relative to Cable Television. Mayor Dunne requested a copy of theFranchis between Oceanside Cablevision and the City of Oceans-ide from Mr. Smith.' (b) Agenda Bill #381. Proposed CPO Voting Formula. It was the deci-sion of the Council that Mayor Dunne convey to C.P.O. the Council's instead of four (4) should be required for aff.irmative action and that reapportion- ment should be considered .at'least every five years. . feeling that at least six (6) agencies (c) Agenda Bill #382. Joint resolution of San Diego County Division of League and Policy Committee of CPO - re: Designation of San Diego CPO as a Regional Coastline Agency. It was agreed that the San Diego CPO be designated as Regional Coastal Agency to represent the City in Sacramento. ADDITIONAL BUSINESS: (a) Reports. Mayor Dunne instructed Planning Director, Public Works Director and the City Engineer to submit their Status Reports only once a month. (b) Mini Park.. Upon inquiry from the Mayor regarding the Mini Park, the Pub1 ic Works Director report.ed that it is n-ow in the hands of'the Assistant Planner and when it is returned to him, progress will begin on the park. (c) Community Goals. Mayor reported letter from Tony Howard-Jones, Chairman of the CIC requesting Community Goal s. Mayor Dunne requested Council study the Goals Statement prepared by the CIC and Offer suggestions and recommendations. .p I 4 COUNCILMI i , I e I D 'I q '. .. ... CITY OF CARLSBAD COUNCILMI -9- .- . March 16, 1971 ADDITIONAL BUSINESS (cont.) C821 (d) Complaint from Ocean Manor Motel. Council - man Jardine stated he. had received a letter from Ocean Manor Motel regarding the in- stallation of a fence across from said Motel which.was in violation of the buildiny code. It was the decision of the Council that the City Attorney attempt a compromise between the two parties involved. L-781 (e) Moving Expenses. Request from Chief of Police for reimbursement of moving expenses. Authorization was given for the reimburse- ment of moving expenses to the Police. Chief in the amount of $452.72 to be paid fro'm the Travel Account in the Police Mo-t i on Department, as recommended by the City Manager. xx Ayes 13- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for payment of bills for the General Fund in the amount of $109,080.57 and the Water Department of $18,756.22, totall- ing $127,764.79 for .the period March 1, to of Finance and approved by the Auditing Committee. xx Ayes March 15; ,1971, as certified by the Director Motion Ratification was given for the payment of the payroll for $46.,793.60 for. the period March 1 Motion thru March 15, 1971 as certified by the Director Ayes xx of Finance and approved by the Auditing Committee. 14- ADJOURNMENT: By proper'motion, the meeting was adjourned at 12:55 P.M. to.March 29, 1971 at 7:15 P.M. in the Counci 1 Chambers. Respectfully submitted, 72"" /(fdu NORA K. GARDINER. Deputy City Clerk 0