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HomeMy WebLinkAbout1971-06-01; City Council; Minutesa I B P CITY OF CARLSBAD COUNCILME1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 1, '1971 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 7:OO P.M. 2- INVOCATION was o.ffered by Mayor Dunne. 3- ALLEGIANCE TO THE FLAG was given. 4- APPROVAL OF MINUTES: s (a) Minutes of the regular meeting of May 18, 1971, were approved as corrected. 5- COUNCIL COMMITTEE REPORTS. [55] (a) Garbage and Trash. Councilman Jardine reported that the Garbage and Trash Committee held a meeting and Mr. Gaiser could not attend. He stated the City Attorney was present and it was agreed by the committee th.at the Carlsbad Journal be contacted to do an informal poll on the citizens of Carlsbad relative to trash rates,.et.c. The Journal will report their findings within the next week or two. [54] (b) Jefferson Street Overcrossing. Councilman Jardine stated he had talked to Mr. Citron this date and waS informed that the signed documents had not yet been received by the State. Council- man Jardine was ,informed by the City Engineer that the documents were mailed May 28, 1971. [34] (c) Chamber of Commerce. Councilman Castro stated he had auditid the bills for the Chamber of Commerce and found them to be correct to the best of his knowledge. He recommended the bill in the amount of $2,206.67 be ratified at this time, and this amount be reimbursed the Chamber, [68] (d) Legislative Institute - League of Californ Cities. Mayor Dunne pointed out he had.sub- mitted a written report on a meeting he attende for the Legislative Institute of the League of Cal ifornia Cities. [25] (e) Joint Meeting with Member of-.LAFCO. Mayor Dunne stated he attended a meeting with Kile Morgan, Mayor of National City and Skip Schmidt of LAFCO and it was decided that they would delineate potential annexation areas and have a tentative agreement with LAFCO so that when matters are presented, LAFCO will have some idea of the City's direction. The City Planner is preparing a document for this purpose. - 6- HOUSING AUTHORITY: [los] The Council adjourned to the Housing Authorit-y at 7:25 P.M., reconvened to the Council fleeting at.-7:30 P.R. After Public-HearTngs, Council resumed the Housing Atlthority at 8:57 P.M. and adjourned to the next regular meeting at 10:lO P.M., with all Councilmen present. . . , .. . . , I S i d Present Motion Ayes Abstained Motion Ayes a - I ~ I i i ~ I I X X X xx X xx xx e - e .r CITY OF CARLSBAD June 1, 1971 -2- COUNCILMEF - 107 1 \ \- 7- PUBLIC HEARINGS: The Hour of 7:30- P.M. having arrived, the Mayor declared the Public Hearing open. - [43] (a) ,Agenda Bill #443. To consider an amendment to Section 14, (Conditional Uses) of Ordinance No. 9060, re.- Overnight Campsites. The City Clerk presented the.Affadavit of Pub- lication and stated a letter accompanied by a petition had been received containing-the signa- tures of 78 persons owning businesses in down- town Carl sbad, in favor.of the propjsed camp- site; There was no one who wished to be heard by the Council and the Mayor declared.the Public Hear- r'ng closed at 7:42 P.M. Upon inquiry by Councilman McComas, Mr. Ferraro applicant for the campsite, informed the Council that the State of California and County-of San Diego impose stringent requirements for maintenance of the campground. The City Attorne also pointed out that maintenance requirements would be made a part of the Conditional Use if it is granted. After further discussion, the following Resolu- tion was offered for adoption. ResoTution No. 1856. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION REGARDING AMENDMENT TO SECTION 1400, ARTICLE 14, CONDITIONAL USES, SUBSECTION 2, ITEM "h". of ORDINANCE NO. 9060. REGARDING OVERNIGHT CAMPSITES, was adopted by- title only and further reading waived. . The following Ordinance was given a first reading. Ordinance No. 9274. AN ORDINANCE--OF THE CITY OF CARLSBAD AMENDING SECTION 1400, ARTICLE 14. CONDITIONAL USES, SUBSECTION 2, IiEM "h" OF - ORDINANCE 9060, REGARDING OVERNIGHT CAMPSITES. was given a first reading by title only and furth-er reading waived. [ 1131 (b) Agenda Bill #444. To consider a proposed chanse of zone from R-1-7500 to P-C (Planned ' Comminity) and the- adoption of a Master Plan on property located on the North side of Tama- rack Avenue, approximately 135 feet West of Highland Drive, Applicant: BEE CEE COMPANY. The City Clerk presented the Affadavit of Publi- cation and reported written communications had been received and read 'letters from the follow- ing persons in opposition: Robert Robinson, 3760 Yvette Way, Pete Munn, 3770 Yvette , W.J. Palenscar, property owner on Highland Avenue, John A. Casler, 3843 Highland Ave., Maurice Brunache, adjacent property owner. Also two petitions dated May 24, 1971 -in opposition; one containing the signatures of 66 property owners and the other containing the signatures of 21-property owners. .. 1 I Motion Ayes Motion Ayes X X ~ ~ I i ~ f! 27 ;m( P X xx X xx CITY OF -3- CARLSBAD @ June .'1 , 1971 4 7- PUBLIC HEARINGS: (b) Agenda.Bil1 #444 (cont.)- I The following people spoke from the audience opposing the proposed change of zone and adop,tio of Master Plan: George Flanders, 3755 Yvette Way, Mr. Pete Munn, 3770 Yvette Way, and Charles B. Spencer, 1270 Yourell. Speaking in favor of said proposed c.hange of zone and Master Plan was Mr. Howard Baumgartner, a representative of the applicant and Mr. Robert Means, Realtor and property owner of property located at Highland and Magnolia. Upon inquiry.from Councilman McComas, Mr. Brande mor Glenn, appraiser, stated those properties adj-oini.ng the proposed Planned Community would lose 5% of their appraised value the day the development began. Mayor Dunne declared the Public Hearing closed at 8:46 P.M. Councilman Lewis requested a copy of the 1969 minutes reflecting the Council's denial of a change of zone and adoption of Master Plan for a Planned Community of subject property sub- mitted by another applicant. 0 After lengthy discussion, it was the decision of the Council that this matter be continued until the next regular meeting and the City Manager was instructed to contact a qualified appraiser to determine what affect this proposed development would have on surrounding property. 8- DEPARTMENTAL REPORTS: I A. Engineering. I I341 1. Agenda Bill #445. The establishment of Lighting Maintenance Districts. I The City Engineer explained ta.Counci1 that the adoption of Resolution No. 1859, declar- ing its intention to hold a public hearing, is a necessary step for implementation of the Lighting Maintenance Districts. Resolution No. 1859. A RESOLUTION OF INTEN TION OF THE COUNCIL OF THE CITY OF CARLSBAD TO ESTABLISH LIGHTING MAINTENANCE DISTRICTS ING LIGHTING SYSTEMS IN THE PUBLIC RIGHTS OF WAY, was adopted by title only and furth reading waived. FOR THE OPERATION AND MAINTENANCE OF EXIST- c, ,< [&?I 2. Supplement to Agenda Bill #125. Modi- fication of sewer service boundary between Leucadia County Water District and Carlsbad Service Area. Resolution No. 1860. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROV ING THE ADJUSTMENTS OF THE SERVICE AREA BOUNDARIES BETWEEN THE CITY OF CARLSBAD AND THE LEUCADIA COUNTY WATER DISTRICT, was adopted by title only and further reading I waived. .. COUNCILME! &%?' 108 fizz7 \\\! 9fl( u, I. Motion xxx Ayes X Motion xxx r Ayes X Motion xxx Ayes X .* CITY OF CARLSBAD -4- 0 June 1, 1971 n -3 q e 8- DEPARTMENTAL REPORTS: A. Engineering (cont.) 3. Agenda Bill #446. Boundary adjustment bad - Army-Navy Academy. The City Engineer stated-this matter was pre- viously approved in principle when the Coun- cil accepted the Weir but the adoption of the following Resolutions would be necessary, * between City of Oceanside and City of Carls- Resolution No. 1861. A RESOLUTION OF THE CI,TY COUNCIL OF THE CITY OF CARLSBAD CONSENT 1 ING TO THE DETACHMENT FROM THE CITY OF CARLS BAD OF TERRITORY TO BE ANNEXED TO THE CITY was adopted by title only and further read- i ng wai ved. OF OCEANSIDE - ARMY-NAVY ACADEMY PROPERTY, I I Resolution No. 1862. A RESOLUTION OF THE ING TO THE TRANSFER TO THE CITY OF CARLSBAD OF PROPERTY SITUATED IN THE CITY OF-OCEANSID3 TENAGLIA PROPERTY, was adopted by title only and further reading waived. CITY COUNCIL OF THE CITY OF CARLSBAD CONSENT- w.43 4. Agenda Bill #447. Improvement Agreement w- for Parcel Split #122. - (Monroe Street Reservoir Site). 1 Authorization was given the Mayor to execut '., -" on behalf of the City of Carlsbad a) a L :. standard subdivision improvement agreement. b) A standard future street light improver Engineer. 41 agreement, as recommended by the City e le ' C931 5. Agenda Bill #448. Sewer Lateral Charges. I The City Engineer explained that it has been some years since the Sewer Lateral Charge was established and since that time costs have risen. He stated the Director of Publi Works has made a review of casts to the Cit) and it is recommended that there be an in- crease in this charge. I f Resolution No. 1863. A RESOLUTION OF THE LISHING CHARGES FOR INSTALLATION OF SEWER LATERALS, was adopted by title only and further reading waived. CITY COUNCIL OF THE CITY OF CARLSBAD ESTAB- I B. Planning. I E331 1. Agenda Bill #449. Contract for"Popu1a- tion Estimate '- 3971". I The City Manager explained the purpose of this Population Estimate and stated the City is expected to gain increased monies from gas.tax funds, which more than justify the expense of this .estimate by the State. Resolution No. 1864. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING CITY MANAGER TO EXECUTE AGREE- MENT BETWEEN CITY AND STATE OF CALIFORNIA -. TO CONDUCT POPULATION ESTIMATE, was adopted by title nnl v and fllm+~A... Wn3~:-.-+ ... -:.,-A COUNCILMEP Motion xxx Ayes X - Motion xxx Ayes X It Motion xxx Ayes X Motion XXI Ayes 1 Motion x XJ Ayes X 0 - e- CITY OF -5- CARLSBAD " . June 1, 1971 4 8- [ 1131 ~631 163 ~ ~~ ~~~~~~-~~- ~~~ 1- DEPARTMENTAL REPORTS: B. Planning (cont.) 2. Agenda B.il1 #412. Report from Pla-nning Commission regarding the appeal made by William D. Cannon for Freeway Service facili- Lies and Neighborhood Shopping Center. The City Clerk informed the Council that thi appeal was heard at a Pub1 ic Hearing of the City-Council meeting of May 4, 1971 and was referred back to the Planning Commission. It has been returned to the Council for further action. > It was the decision of the Council that this mGtter be deferred until the next regular meeting and the City Attorney was instructed to prepare the necessary R.eso1ution. C. Library. 1. Agenda Bill #450. Fourth Amendment to Joint Exercise of Powers Aqreement with I - . Serra Library System. I Resolut'ion No. 1865. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHOR1 ING EXECUTION OF FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT, was adopted by title only and further readiFg waived, due to a change in the contracting agent fan ~1 ego. rorn the City of San Diego to the County of t ORDINANCES FOR ADOPTION: a A e da-Bill #428. Preannexatiqn change Af'zon.3 nto P-c tor 81-Unl t Condominium - Applicant -Beach Colony Partnership. -1 1. Ordinance No. 9272. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, I ADOPTING A MASTER PLAN SUBJECT TO ANNEXATION OF PROPERTY TO THE CITY OF CARLSBAD, LOCATE ADJACENT TO SOUTH BOUNDARY OF SOUTH CARLSBA STATE BEACH CAMPG.ROUND, WEST OF OLD HIGHWAY 101, was given a second readi-n.g and adopted. I 2. Ordinance No. 9273. AN ORDINANCE OF THE CITY COUNCIL 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 ADJACENT TO SOUTH BOUNDARY OF SOUTH CARLSBAD STATE BEACH CAMPGROUND, WEST 0-F OLD HIGHWAY 101, was given a second reading and adopted. .. I COUNCILMEE .- Motion xxx Ayes X Motion XXI Ayes 1 Motion XX) Ayes 1 - CITY OF -6- CARLSBAD COUNCILMEF - 111 a June 1, 1971 -~ 0 10- C701 E551 11- I371 no41 C74.1 1 CONSENT CALENDAR: A. Correspondence - Advisory - Agenda Bill #451 1. Letter from Peter Mol regarding recrea- tional usage of the Agua Hedionda Lagoon. Mr. Peter Mol, 4464 Adams Street, Carlsbad, spoke before the Council and cited a number of boating violations on the Lagoon. It was his recommendation that the existing Ordin- ance be thoroughly reviewed and revised. Mayor Dunne appointed Mr. Mol to a committee including the City Attorney and Councilman Lewis to study the Ordinance governing the Lagoon and make the necessary revisions for consideration by the Council. It was agreed by the Counc'il that this matte remain on the agenda until its com.pletion and .also that an estimate of possible additional expenditures in connection with this matter be given the City Manager for . incorporation in the budget. 2. Letter from McDougal Sanitation Co. con- cerning letter of referral from Mrs. Ethel Jay. Acknowledgement was given the letter from McDougal Sanitation with regard to the lettc from Mrs. Ethel Jay. ?" CONTINUED BUSINESS: I (a) Agenda Bill #379. Memorandum rega'rding New Development Projects. Mayor Dunne requested that this matter be deferred until the next regular meeting. (b) Agenda Bill #441. San Diego Area Transportation Agency. *. Mayor Dunne informed the Council he will write a letter to Mr. Jim Bear, County Board of Supervisors, indicating Council's feeling that they do not want a Regional Transit System in Carlsbad. and concur with the City Manager's recommendation (c) Agenda Bill #438. Recognition of City Empl oyee' s groups. The following employees spoke in favor of recognition. Ernie Bond, 3776.Adams, Carlsbad, represent ing the Carlsbad Firefighters Association, Harry Wal ton, 3877 A1 thea Ave., Norman Whipple, 2596-6 Jefferson St., and Richard Needel s, 4885 Sevill a Way, Carl sbad .- Carlsbad Police Officer's Association. The members of the Police Officer's Association also cequesting recognition for communica- tors as members of their association. - %%".\ flS&I 20% u? 209- \\\\ R .. - a - B June \ 11- E621 L-281 [ s7q C351 E351 ~371 L-37 1 3b 1, m CITY OF CARLSBAD COUNCILMEP -7- After further discussion, recognition was given the Carlsbad Employee's Association, the Carlsbad Firefighters Association and the Carlsbad Police Officer's Association, including communicators, on an interim basis, as recommended by the City Manager on June 1 , 1971. ADDITIONAL BUSINESS: (a) Agenda Bill #433 (Supplement #1) - Pending Legislation After consideration, it was the decision of the Council that letters be written to Assemblyman Stull and Senator Burgener suppo -t- ing and opposing those Ass.embly Bills.and Senate Bills, as recommended by the City Motion Ayes Manager in memorandum dated June 1 , 1971. X xxx (bj. Memo dated May 20, 1971 from Chairman of the C.I.C. Mayor Dunne acknowledged memorandum/report regarding the Preliminary Report for Parks and Open Space Bond Issue and stated this matter would be discussed after the budget session. (c) Memo to the City Council from the City Attorney dated May 27, 1971 relative to Council Policy. The City Attorney was in- structed to prepare a policy statement re- garding "requests made by Mayor or any.Coun-: cilman", fo-r the next regular meeting. (d) Memo to the Mayor from the City Attorne dated May 28, 1971, relative to Ordinance Adoption - Vote by Absent Councilman. Upon discussion of this matter by the Council, the Mayor instructed the City Attorney to check further to determine ifA.this ruling applies to both charter and geheral law citi2s. (e) Memo to the City Council from the City Attorney relative to Gifts to the City, dated May 25, 1971. Mayor Dunne instructed the City.Manager to inform all department heads regarding this matter, especially the Librarian. (f) Letter from Mr. J.J. Mamaux re: Tri- City Automobile Dealer's Association.. The City Council acknowledged the letter from Mr. Mamaux, as it had not.been staffed. (9) Publication of Agenda. Councilman Lewis commented on the fine coverage given €he Agenda'by the Blade Tribune. , + CITY OF -8- CARLSBAD COUNClLMECl EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 11:lO P.M. for the purpose of discussing personnel. Mayor. He also announced the appointment of Miss Gail Woynar, 735 Arbuckle, Carlsbad as a member of the C.I.C. 13- RATIFICATION OF PAYMENT FOR BILLS AND PAYROLL. Ratification was given for payment of bills for the General Fund in the amount of $235,050.91 and the Water Department of $5,668.58, totalling $240,719.49 for the period May 16, 1971 thru May 31, 1971, as certified by the Director of Finance and approved by the Auditing Committee. Motion xxx Ayes Ra.tification was given for the payment of the payroll for $49,859.69 for the period May 16, 1971 thru May 31 , 1971 , as certified by the Dikector of Finance and approved by the Auditing Motion X Commi ttee. Ayes xxx 14- ADJOURNMENT: By proper motion, the meeting was adjourned at 11:50 A.M. to Saturday, June 5, 1971 at 8:OO A.M.-in the City Council Chambers. Respectfully submitted, w &F@U MARGA ; T E. ADAMS, City J7 C erk %. I. * D