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HomeMy WebLinkAbout1971-05-04; City Council; Minutes-, * ., I CITY OF CARLSBAD COUNCILME . Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 4, 1971 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 2- INVOCATION was offered by Councilman Jardin.e. I 3- ALLEGIANCE TO THE FLAG was given. .I 4- APPROVAL OF MINUTES: * , . (a) Minutes of the Regular Meeting of April 20, 1971 were approved as presented. 5- COMMITTEE REPORTS: [55] (a) Garbage and Trash. Councilman Jardine renorted that the Garbacre and Trash Committee heid a meeting subsequeit to the last Council Meeting to review and consider information which has been gathered on this matter and to lay plans far a proposal for consideration by the current contractor and pointed out that he felt that one or two more meetings may be necessary prior to meeting with the contractor. He also stated that it might be possible to arrive at final decisions sooner than the October date.. I I I [54] (b) Jefferson Street Overcrossing. Councilman Jardine inquired of the progress of the Jefferso Street overcrossing. E The City Engineer stated at the last committee meeti-ng, Mr. Citron and his attormey were presen to discuss .this matter. .Discussion of this committee meeting was held and the Vice-Mayor suggested that the City Engineer and City . Attorney complete negotiations with Mr. Citron and his attorney as soon as' possible and stated the City Manager and Council should- be informed as to the results. Also the City Attorney was instructed to assume responsi bil i ty of communi- cations in conjunction with the City Engineer and Council requested this matter be placed on the agenda for the next Council meeting. .I [69] (c) Parks and Recreation Commission. ,Cr,uncilman Lewis reported that the Parks and Re.creation e Commission Budget has been reviewed. I * . " [28] .(d) Mayor's Youth Committee.. Councilman Lewis informed Council of a letter which was sent to the Police Chief indicating favorable response to the "Ride Along Program". He also stated a member of the Mayor's Youth Committee and representative of Life Line Program was present to report to the Council on the Defy and Life- line Programs and introduced Wilson Pace. Wilson Pace reported on the two programs ex- plaining the function of each and recommended support of the North County Life Line Program for the next fiscal year and stated Life Line is located at 114 N. Terrace, Vista. Councilman lewis added that after speaking with. several attorneys, he discovered many of them recommend Life Line to a number of their clients .. .. . . .. .."".. .- 'L CITY OF -2- CARLSBAD " . I 0 .. - - May 4, 1971 ~~ ~~~ r 6- HOUSING AUTHORITY: [lo51 The Council adjourned to the Housing Authority at 7:25 P.M. and reconvened to the Council Meeting at 7:28 P.M. with four Councilmen presen;. 7- PUBLIC HEARINGS: The hour of 7:30 P.M. having arrived, the Vice- : Mayor declared the. Public Hearing opened. [113] (a) Agenda Bill f411. To consider an applica- tion for change of zone from R-1 to RD-M (Resi- dential Densi ty-Mu1 ti pl e) Zone, on property 1 o- cated on the-North side of Olive Ave. between Garfield St. and A.T. & S.F. right of way. Applicant: Dale M. Whittaker. The City Clerk presented the Affadavit of Publi- cation and stated there was no written communications. The Assistant City Planner briefly reviewed the background of this request and stated it ' was discussed and recommended for approval by'.. . the Planning Commission at their regular meeting of-April 13, 1971. The Vice-Mayor inquired if there was anyone who wished to speak in favor or -in opposition. of thi request, and declared the Public Hearing closed at 7:.34 P.M. as no one wished to be heard. After discussion, the following Resolution was offered for adoption. Resolution No. 1842. A RESOLUTION OF THE CITY FINDINGS AND DECISION REGARDING CHANGE OF ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY RD-M, was adopted by title only and further reading waived. " COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING IN THE CITY OF CAR-LSBAD FROM ZONE R-1 TO The'following Ordinance was offered for-a first reading. I I I I I Ordinance No. 9271. AN ORDINANCE OF THE CITY .OF CARLSBAD AMENDING ORDLNANCE NO. 9060 CHANGING CERTAIN DESIGNATED PROPERTY LOCATED ON THE NORTH SIDE OF OLIVE AVE.;.BETWEEN'GARFIELD STREET AND DENSITY-MULTIPLE) ZONE, was given a first read- ing by.title'only and further reading waived. A.T. & S'.F. FROM R-1 TO RD-M (RESIDENTIAL I I . . - - . . . . - . . .. .. . . . . . . . . - - - COUNCILME .. Motion X Absent x1 Ayes 1 .. Motion X Absent X) Ayes 1 _I CITY OF ~ CARLSBAD COUNCILMEI -5- PUBLIC HEARINGS: (cont.) [llS] (b) Agenda Bill n"412. To consider an appeal of the decision of the Planning Commission in denying a request for a change of zone from R-A to C,-2 (General Commercial) zone, and adoption of a Specific Plan and Conditional Use Permit said Specific Plan for Freeway-oriented commer- cial facilities on property located North of Cannon Road and West of 1-5 Freeway. Appellant: W. D. Cannon. The City Clerk presented the Affadavit of Publi- cation and stated there was no written communi- cation. The Assistant City Planner briefly reviewed the background of this appeal and stated it does fall within the criteria set forth by the Coun- cil in September, 1970. V'ice Miyor McComas stated Council would .like to hear from .anyone who wished to speak in favor of or in opp~sition to this appeal. MR, W. D, CANNON, appellant, 500 Cannon Road, Carl sbad, and MR. DONALD SCHOEL.L, Architect for the develop- ment and representative of the firm of Shoell, Geritz, Paul and Allard, Inc., 3230 5th Avenue, San Diego, Calif. The Public Hearing was d.ec1ared closed at 8:03 P.M., as there was no one who wished to speak in opposition. Discussion was held by the Council regarding the zoning ordinance and the Assistant City Planner answered numercus questions regarding the Ordinance and after further discussion by Council it was agreed that Council support the appeal of the appellant and the matter be re- Motion turned to the Planning Commission for further. Ayes X consideration. Absent X _. ' Council's decision was based on the following reasons: 1. The project with the two service stations meet the criteria adopted by the Council in September, 1970. commercial and motel facilities. appellant and architect will be, in a sense, landscaped into the project; and 4. The service stations will be located away from the central city area, which is desirable. 2. The project includes recreation, -restaurant,., 3. The service stations represented by the 0 ". "". . .. .. . .. . . . - - . ." . . ,. . .. . ,I CITY OF CARLSBAD COUNCILME -4- DEPARTMENTAL REPORTS: A. Engi neeri ng . - 1. Agenda Bill #413. Authorization for Mayor to execute future street improvement agreement for construction of street improve ments with Ronald P. Vincint, said property being located at 3978 Garfield Street. After discussion of this matter, authoriza- tion was given the Mayor to execute a future street improvement agreement with Ronald P. Motion x Vincent for the construction of street im- Ayes XI provements at the east side of Garfield. Absent X t "1 2. Agenda Si1 1 8414. Approval of plans .. 95 and specifications for Water System Improve- ments - Contract #1000. Lengthy discussion was held by Council regarll- ing the Water Systems Improvement Contract and it was stated that the Water Systems ImDrovement Committee reviewed and approved said-plans. As a member of the Water '. Systems Improvement Committee, Councilman McComas recommended that the entire package be accepted by Council. It was the decision of the Council that said plans and specifications be accepted as recommended and the City Clerk be authori - Motion , zed to advertise for bids to be opened July Ayes XI 6, 1971 at 1O:OO A.M. Absent X . .. .. Y' E731 3. Agenda Bill #415. Request' for Encroach- ment Permit'on a portion of Jefferson Street Applicant: Vincent L. Hoppert, The City Engineer briefly reviewed background. and reasons for Mr. Hoppert's request. Authorization was given for theissuance of an Encroachment Permi t subjec.t' to the approv 11 of the City Attorney and City Engineer. Motion Council also requested the City be -named as Ayes X additional insured in liability insurance. Absent X ~31 - 4. Agenda Bill #416. Adoption of Standard Specifications for construction of public improvements. It was the.decision. of the Council, that this matter be held over until the next Council Meeting when a full Council is present. B. Finance. 1501 . 1. Agenda Bill #417. Request for addition- al personnel.in Finance Department. 0 The C-e'ty Manager stated that the accounting for the Housing Authority has been assigned to the Finance Department and the addition of one (1) employee. in the Finance Department would be 50% funded by the Housing Authority. He also stated that the position of one Inter. Acct. Clerk has been included in the 1977-72 budget requests. - -.", .. " _. 0 I 0 " ." . CITY OF CARLSBAD - -5- May 4, 1971 8- DEPARTMENTAL REPORTS (cont.) 1 8. Finance - Agenda Bill #417. (cont.) I Authorization was given for the hiring of one (1) additional employee in the Finance ity Funds effective May 5 thru June 30,1971, 9 Department to be funded from Housing Authol C. Planning,_ [WI 1. Aqenda Bill #419. Tentative map for ' 99 10-uni t Condominium development, Bristol Cove area. Applicant: Barton L. Leffer- dink.. . r, The Assistant City Planner,. after review- ing background, stated this tentative map was reviewed and approved by the Planning Commission at their meet'ing held April 13, 1971. After Council consideration, the follow- ing Resolution was offered for adoption. Resolution No. 1844. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, I APPROVING THE TENTATIVE MAP FOR 10-UNIT CONDOMINIUM DEVELOPMENT KNOWN AS CARLSBAD TRACT NO. 71-1, was adopted by title only and further reading waived. ~761 2. Agenda Bill No. 410. (continued) Appointment to the Planning Commission. /' Following an Executive Session, Vice Mayor McComas announced the reappointment of .E. H.. Jose, Jr. for a full term to the Planning Commission. D. City Manager. [701 1. Agenda Bi1.l 5420. Memorandum from City Manager regarding Park.-Headquarters housing . It was Council's decision that this matte be deferred until the next regular meetin -1 e621 2. Agenda Bill #421. Memorandum from City Manager concerning pending legisla- tion. The City Manager made reference to the League of California Cities Bulletin - 4-23-71 and Resolution of the City of Santa Barbara 57351 and cited AB 1208, ed by Council. . AB 813 and SI3 333 as bills to be consider 1 After discussion, by motion of the Council it was agreed that the Council go on re- cord: i 1. That Assembly .Bill 1208 (Townsend: Gas Tax Expenditure Limitations Re- stored ---- be opposed. _.. . - . . ._. . . -. . . . . .. - . . . . .._ . . COUNCILME %%LC' ZDQJ 20 -- 83 \~~~ fig& 9 w Noti on x Absent xx I Ayes X I / Motion Ayes X Absent X J . /. ... ,. ,.. . ~.. 0 I- . .? .. - -. - . CITY OF CARLSBAD -6- May 4, 1971 I I 8- DEPARTMENTAL REPORTS (cont.) D. City Manager - Age'nda Bi 11 k421. (cont.) 2. Assembly Bill 813.1 (Knox) Annexation .---- be supported with the * reservation that mandatory consent of annexation be a consideration of the City Council prior to annexation. 3. Senate Bill 333 (Dills) Compulsor and Binding Arbitration. Pol 1 cemen and Firemen. ---- as to this bill, th following Resolution was offered. Resolution No. 1850. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD EX- PRESSING ITS STRONG OPPOSITION TO THE EN- ACTMENT OF SENATE BILL 333 BY THE LEGISLA- TURE OF THE STATE OF CALIFORNIA, was adopt ed by title only and further reading waive [38] .. 3. Aqenda Bill X426. Request formileage reimbursement. * Vice Mayor McComas stated that upon the .. request of Mayor Dunne, this matter will be deferred until the next regular meeting 9- ORDINANCES FOR ADOPTION. [114] (a)- Agenda Bill #399. Change of zone and specific plans - Applicant: CHIP Development Corporation. Ordinance No..9269. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING A AND REDUCTION IN REQUIRED SIDEYARD SETBACK FOR COVERED PARKING FACILITY ON PROPERTY LOCATED AT THE SOUTHERLY TERMINUS OF MARINA DRIVE, was SPECIFIC PLAN FOR A 33-UNIT APARTMENT COMPLEX i given a..second reading and adopted. Ordinance No. 9270. AN ORDINANCE OF THE CITY CLASSIFYING CERTAIN DESIGNATED PROPERTY IN .. THE CITY OF CARLSBAD FROM ZONE C-2 (GENERAL COMMERCIAL) TO R-)I (RESIDENTIAL WATERWAY) ZONE FOR PROPERTY LOCATED ON THE SOUTHERLY TERMINUS OF MARINA DRIVE, was given a second reading and adopted. * OF CARLSBAD AMENDING ORDINANCE NO. 9060, RE- 10- CONSENT CALENDAR: A. Correspondence - AdvisorL There was no correspondence - advisory -to be discuss B. Correspondence - Refferal. There was no correspondence - referral to be discussed. I I 7 Y e - C I , 1 COUNCILME - ac'" 0' 2C-Q 84 flqj \~~~ 20 9 4- cr, Motion xx Ayes X . Absent X " Mo ti on X Absent xx Ayes X Motion X Absent xx Ayes X d. - ,. .. CITY OF CARLSBAD COUNClLMEl -7 - 0 May 4, 1971 I) 10- CONSENT CALENDAR: (cont. ) [Sl] C. Proclamations - Agenda Bill #422 Vice Hayor McComas read the fol'lowing proclamations in full and declared: I 1) "Public Works Week" - May 9 thru 15, 197 2) '!Respect for Law Week - May 1 thru 8, 3) "Pappy Days" - May 21st and 22nd, 1971. 4) "Girls Clubs of America Week" - May 9 '1971. thru 15, 1971. D. Claim for Damages - Referral to Insurance Carrier. q [W 1. Agenda Bill 8423. Claim for damages to his automobile submitted by Jerry Aalfs due to insufficient drain facilities. - Council agreed that this claim be denied . and referred to the City's Insurance Carrier I E. Resolutions - for Adoption. c341 1. Agenda Bil i #424. (a) Resolution No. 1845. A RESOLUTION CAWLSBAD CHAMBER OF COMMERCE REGARDING THE SPRING HOLIDAY CELEBRATION, was, rea in full and adopted. . OF THE CITY COUNCIL C'OMMENDING THE 11 121 d (b) Resolution No. 1846. 'A RESOLUTION CONMENDING ETTA WOODARD, WILLIAM THOMP- I SON AND COMMITTEE IN ORGANIZING AND SUPERVISING THE CLEAN-UP OF CARLSBAD'S BEACHES, was read in full and adopted. ~421 (c) Resolution No. 1847. A RESOLUTION COMMENDING VINA HANKINS AND STATING THE I SUPPORT OF THE CITY COUNCIL FOR THE ES- TABLISHMENT OF A PERMANENT ART GALLERY' IN CARLSBAD, was read in full and adopted. I MRS. VINA HANKINS, 1858 Buena Vista Way, Carlsbad, addressed the Council and stated she wished to commend the people of Carlsbad and it was her intentio-n to set up a trust fund, contributing $40,000 toward the building of a perman- ent Art Gallery in Carlsbad. . Mr. Jim Anderson requested to be heard by Council on behalf of Mrs. Hankins and stated Mrs. Hankins was desirous of. hav- ing a Councilman appointed as Trustee,. specifically Co.unci1man McComas. I ~. . "~ . . . . .- . - - - . . -. . , - -. - . . . - azto' 82 \\\\ ZP-gU mi'% 9 fl Motion xx Ayes X X Absent Motion Ayes X Absent xx .. Motion Ayes X Absent xx Motion xx Ayes X X Absent - I .. .. c 1. CITY OF CARLSBAD COUNCILME -8- e May 4, 1971 1 10- CONSENT CALENDAR: Resolutions for Adoption - Agenda Bill n"424 - Resolution iTu1847. (cont.) E. The City Attorney felt this would be un- wise due to a possible future conflict of interest if a matter should arise regarding the gal 1 ery. After considerable di'scussion, Council requested Mr. Anderson to explain to Mrs. Hankins the reasons why it might be u.nwi.se for .Councilman McC-anas to.-accept and it was suggested that perhaps Col. William Atkinson, former Mayor of Carls- bad, could be considered as trustee. I DO1 2. Agenda Bill #409. I (a) Resolution No. 1849, urging public acquisition of Rancho Guajome and Lake Calavera The following Resolution was offered for adopt i on. Resolution No. 1849. A RESOLUTION OF THE CITY OF CARLSBAD URGING PUBLIC ACOUISITION OF RANCHO GUAJOME AND'LAKE CALAVERA, was read by title only and further reading waive 111- CONTLNUED BUSINESS: [37) (a) Agenda Bill #379. Memorandum dated March 16, 1971, from Mayor Dunne regarding New Develop ment Projects. Do1 Vice MaYOrMdbmas requested the matter deferred until the next regular Councjl meeting when a full Council is present. 1. Oral report from City Attorney regard- ing zoning matters. The City Attorney informed the Council' ther are several zoning violations within the City. The staff suggested that three or four of the violations be handled at one time, rather than all of them. He inquirec as to whether the Council wished him to proceed with action prior to presenting them to the Council, and the Council re- quested the matters presented to them firs. in order that they can keep informed. 0 The City Attorney further stated he would have a more complete report on the violati for the next Council meeting. I321 (b) Agenda Bill #408. Request for support to increase number of supervisorial Districts. Vice Mayor McComas stated Mayor Dunne was to have contacted Mayor Kile Morgan regarding this matter for more information and requested the matter deferred until the next regular meeting. P c 3 i t 0' . , .. .. .. X X X 'I a .e a I I 0 CITY OF -9- CARLSBAD May 4, 1971 ADDITIONAL BUSINESS: [54] (a) Fill Dirt on East Side of El. Camino Real. Councilman Lewis inquired what the County's -Plans are on the fill dirt on the east side of El Camino Real at Kelly Drive. Council- man Lewis was informed that a public hearin regarding this matter is scheduled by the County and a representative from the City would be present at said hearing. [36] (b) Publication of Agenda. The City Clerk reoorted on the cost of Dublication of agbnda and stated since this would be a costly procedure, it was suggested by Gil Davis of the Blade Tribune that perhaps the City Manager could review the important items with Mr. Davis after the agenda is typed and an article be written for publi- cation by Mr. Davis giving the background of each important item on the Agenda. Council agreed this would be a good pro- b cedure. [g5] (c) Responsibility of Developer on Curb Cuts. The City Manager stated there is some question on the part of a developer as to whose responsibility it is to remove curb cuts in a subdivision. The developer felt it was the City's responsibility. ( After discussion, the Council agreed that this is the devel oper'i responsi bi 1 i ty ._ [98] (d) Request for consider-ation of street name change. The City Council was "informed that a request had been made by Donald Briggs, Jr. that the name of Tamarack Avenue be changed. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for payment;of bills for the.Genera1 Fund in the amount of $78,885.05 and the Water Department of $5,724.79, totallin $84,609.84 for the period April 16, 1971 thru April 30, 1971, as certified by the Director of Finance and approved by the Auditing Committee. 9 Ratification was given for the payment of the payroll for $48,881.87 for the period .April 16, 1971 thru April 30, 1971 as certified by the Djrector of Finance and approved by the Auditing Committee. 13- ADJOURNMENT: By proper motion, the meeting was adjourned at: 11:05 P.M. to 'May 14, 1971 at 7:OO P.M. in the City Council chambers for a budget study session as requested by the-City Manager. Respectfully submitted, "7/7l@.4?& Y gk MA;GA,'ET E. ADAMS - .. .. ____ . ". - . .- .-.. - I City gerk COUNCILME1 o,ac,q zo3u 87, yo m3% P 0 Motion Ayes X Absent x: Motion Ayes X Absent - X Motion , Ayes X Absent X I 1 i