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Home My WebLink About1971-07-06; City Council; Minutesa i I I 0 ii i. CITY OF CP<RLSBAD GQUklClbME Meeting of: CITY COUNCIL (Regular Meeting) Date'of Meeting: July 6, 1971 Time of Meeting: 7:OO P.M. 0 Place of Meeting: Coun.cil Chambers ' APPROVAL OF MINUTES: COUNCIL COMMITTEE REPORTS: 1281 (a) Water Committee. At th'e request of Coun- cilman McComas, the City Engineer reported on bids received for the Water Systems Improvement Contract No. 1000, and stated the staff has not yet had time to complete an analysis of the bids but a report will be prepared for the next COUn- cil Meeting. Councilman McComas requested that when the analysis. is coiipleted, the Chairman of the Water Committee be notified so that he may review the bids prior to the report being sub- mi tted to the Council. answer. c6'1 (C) Parks and Recreation Commission. council- man Lewis reported on the Parks and Recreation Commission Meeting of June 2lst and stated discussion was held regarding the formation of the Tri-City Friends of Tennis club for ages (d) .Agua Hedionda Lagoon Committee. Councilman Lewis stated that Mr. Peter filol, Chai'rman of the Conunittee wished to.,make a report to the COunCi1. Nr:Mol reported on the progress of the committee's discussions and stated the Primary Concerns were excessive speed and exces- sive noise. Further, he stated Dr. Young of the Environmental Polltition Commission had Offered his services to the committee and will prepare an ordinance governing excessive noise. 0 0 " CITY OF CARLSBAD COUNCIlME -2- ~~~~ a :: 6.\(7 $?I G\ 0 Ju1.y 6, 1971 134 e\ z: -% COUNCIL COMHITTEE REPORTS ('cont.) . (d) The following people wished to be heard by the City Council, speaking in favor of motor boats and skiing on the lagoon. Mr. Paul Cochran, 3995 James Drive, Carlsbad Mr. John Webb, City of Orange, Orange County Mrs. Wanda Eaton, 1525 Sunrise Drive, Carlsbad Mrs. Eaton presented a petition signed by 242 boaters, skiiers and users of the Lagoon. Following discussion, it was agreed by the City Council that a proposed dyaft ordinance be pre- pared by the City Attorney as soon as the committee has completed its findings and that it be presented to the Council ,. at which time it will be discussed. Also that the newspaper be informed in order to alert those interested citizen SO they may review the proposed draft and be present at the Council Meeting, .if they so desire. HOUSING AUTHORITY: I I The Council adjourned to the Housing Authority at 12:25 P.M. and reconvened to the Council Meeting at 12:28 P.M. with all Councilmen -preser. PUBLIC HEARINGS: The hour of 7:30.having arrived, the Mayor de- clared the Public Hear.ings open at 7:32 P.M. (a) Agenda Bill 5445. To consider the formati I of Lighting Maintenance Districts in the City 9 of Carlsbad according to Resolution No. 1859': The City Clerk presented the Affadavit of Publication and-stated no written communication had been received. The Assistant City Engineer reviewed each dis- trict with the City Council and stated both Oceanside and Vista have lighting districts. The Finance Director stated it was costing the City of Carlsbad approximately $35,000 annually to pay for the cost of lighting throughout the City. Mayor Dunne inquired if there was anyone wish- ing to be heard on this matter. The following persons spoke before the Council and had inquiries or suggestions relative to the Lighting District. Mr. Joswicki,. 1757 Andrea Ave, Carlsbad Mr. Ralph Walton, 2235 Olive.Drive, Carlsbad Mr. Jerry Rombotis, 3505 Charter Oak, Carlsbad Mr. Thompson, Alder Lane, Car.1-sbad Mr. Jim Anderson, 1551 Basswood Ave, Carlsbad Those speaking in opposition: Mr. Donald Briggs 4115 Sunnyhill Drive, Carlsbad. Those in favor: Mr. Raymond Eads, 2600 Ocean Stq Carl sbad. .I -, a 0 CITY OF -3- CARLSUFiD CQCbNClb,f\dE ~~~ "c 0 =;\ July 6, 1971 i 3 5 fl 7; #L " [lo81 . (b) Agenda Bill #479. To co'nsider an appeal of the decisfon of the Plannins Commission in I 3 0 7- PUBLIC HEARINGS (cont.) (a) Agenda Bill 8445. Since there was no one else who wished to be heard, the Mayor declared the Public Hearing closed at 8:45.P.M. After further d.iscussion, it was the decision of the Council that this matter be deferred un- til the next regular meeting. I denying a variance to allow reauction in the Southerly sideyard setback from 5.0 feet to 3 feet on property located at 2601 Ocean Street, between Cedar and Beech Avenue, Appellant: Einar G. and Evejyn W. 140. The City Clerk presented the Affadavit of Publication and stated no communications had been received. Mr. Don Agatep, Jr. Planner reviewed background information and stated the appellant is appeal- ing the decision of the Planning Commission's denial of a sideyard setback from 5.0 to 3 feet and a front yard setback from 20 feet to 1.5 feet. He stated the Commission granted a front yard setbac.k from 20 tu 5 feet. He stated this front yard setback is also be.ing appealed. The .Mayor announced the Council wouid 1 ike to hear from anyone wishing to speak in favor or in opposition to'this appeal, and as there was no one present who wished to be heard, the Mayor declared the Public Hearing closed at 8:50 P.M. Discussion ensued regarding this matter and after further consideration, the following Resolution was offered for adoption. Resolution No. 1879. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DENYING APPEAL REQUEST FOR VARIANCE TO ALLOW REDUCTION IN THE TO. ONE FOOT 6 INCHES (1 '6") AND A SIDEYARD SETBACK FROM FIVE FEET (5') TO THREE FEET (3') was adopted by title only and further reading waived. 0 OF DECISIOI'I OF PLANNING COMMISSION REGARDING . REQUIRED FRONT YARD SET3ACK FROM -FIVE FEET (5') Said denial was based on the following reasons: .I 1) Ocean Street is inadequate to handle exis ing traffic, which would be further congested by such apartment development. 4 2) Variances for less than 5 feet in front and sideyard setbacks present multiple pro- blems, primarily, fire, atcessibility, and traffic and pedestrian circulation. 3) An extreme fire hazard already exists on Ocean Stree.t due to inadequate water supply, poor access to properties, and narrow streets f Motion Ayes - 1 , -. 1) mi, I f \ I 1 ,. 0 0 CITY OF -4- CARLSBAD il CouNcxrk4T: A. Engineering. After explanation from the City Engineer, Resolution No. 1877. A RESOLUTION OF THE r: CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPT B. Library. 1. Agenda Bill #481. Recommendation for appointments to Library Board of Trustees. The Library Board of Trustees requested Council's consideration of two appointments to the library Board of Trustees for a three (3) year term. The two names sub- mitted by the Board were Clayton Weist and Ray Brookhart. It was agreed that Mr. Clayton Weist, 1670 Basswood Ave., and Mr. Ray Brookhart, 3475 Ann Drive, Carlsbad be appointed the the Library Board of Trustees for a term of three (3) years. C: Personnel. 1. Agenda Bill #482. Request for job description change. The Personnel Director sta,ted that a staff study was made on Mrs. Smith's work and it was felt that her duties are equalled to those of the job description for Deputy City Clerk. He recommended that a change 0 0 CIT" OF- CPiRLSBAD COUNCiLME 0. - 0 %- I July 6, 1971 for Virginia Smith. D. Purchasing. 1. .Agenda Bill +484. Approval of Mainten- ance Agreement for City Mobile Units Radio. ~961 2. Agenda Bill 6485. Request for selectio and implementation ,Of standard street signs The Purchasing Agent stated that of the' signs which are being displayed, the cost is approximately the same if they are bough in quantity. He stated $t is recommended the signs be have illuminated background and 1 etters. After discussion, the Mayor instructed the staff to obtain the recommendations of the .Traffic Safety Commission, and report at th next Council. Meeting. E. Traffic Safety. c721 1. Agenda Bill $486. Designation of Two- hour parking on Beech St. Approval was given a two-hour parking 1 imit on Beech Street as recommended by staff and the Traffic Safety Commission. . [lo21 2. Agenda Bill $487. Yield..sign - Inter- section of Westhaven Dr., Park Dr.; and Skyline Drive. Resolution No. 1878. A RESOLUTION OF THE NATING THAT VEHICLE TRAFFIC NORTHBOUND ON CITY COUNCIL OF THE.CITY OF CARLSBAD DESIG- ty Commission. 9- ORDINANCES FOR ADOPTION. [w (a) Agenda Bill $412. (Appeal of W. D. Cannon) ~ was given a second reading by title only and adopted. .. *. 0 0 CITY OF -6- CARLSBAD CQUNCfl"E July 6, 1971 - 0 a+ '5. L- c' i38 ~~~ z 0 x\ ORDINANCES FOR ADOPTION. (cont.) . (a} Agenda Bill #412. (cont.) I 2. 2. Ordinance No. 9278. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO 1 9060,'RECLASSIFYNNG FOR C-2 PURPOSES, ON PROPERTY LOCATED ON THE NORTHWESTERLY QUANDRANT OF INTERSTATE 5 AND CANNON ROAD, Ayes was given a second reading by title only Motion and' adopted. (b) Agenda Bill $473. (sewer charges) I 1. Ordinance No. 7039. AN ORDINANCE AMENDING CHAPTER 13.12 RE: SEWER CHARGES. 1. fixing and establishing charges for servjc s and facilities furnished by City sewerage system, was read in full and adopted as an Motion emergency ordinance. 1 Ayes ORDINANCES FOR INTRODUCTION. I (a) Agenda Bill #458. Ordinance #6044, pro, hibiting display of goods on public streets and sidewalks. Following discussion, the ordinance was referre to the City Attorney for rewording and consider ti.on for a permit to be issu-ed for sidewa1"k sales by the Director of Public Works, to be presented at the next regular meeting. CONSENT CALENDAR: A. Correspondence - Advisory The City Clerk advised the Council that no advisory correspondence had been received. B.. Correspondence - Referral. 7. Agenda Bill $489. Letter from McDougal Sanitation Co. dated June 18; 1971 - re: Trash Pickup rates. Discussion was held and the City Manager was instructed to again write the Board of Supervisors requesting an answer to the original letter requesting that the increas for County Dump rates for the City of Carls bad be deferred pending report and recomme tions of the Garbage and Trash Committee. Councilman Jardine requested a copy of the newspaper article referred to in Mr. Van Ort's letter. C. Resolutions for Adoption. Agenda Bill #478. Resolution of Apprecia- tion - Ted blestree. Resolution No. 1876. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD COMME ING NELSOK E. (TED) MESTREE, was read in full and adopted. .. , -. )1 xx: xx xx I ,. 0 e jl * .. CITY OF -7- cAwLsBr\u CQUI~CILMt 0 - 0 July 6, 1971 D. Proclamations. E801 1. Agenda Bill f491. Proclaiming July as "Safe Cycling in Carisbad" month. Mayor Dunne read the proclamation in full proclaiming the month of July as "Safe Cycling in Carlsbad" -month, as requested by the Carlsbad Cyclonites, a newly formed motorcycle club in the City of Carlsbad. CONTINUED BUSINESS: p7] (a) Agenda Bill 9468. Supplement to Council 79 Policy Statement $7 - re: Uniform Allowance and rental. The Council adopted Supplement to Council Polic Statement #7, which included a list of those persons qualifying for Uniforrn/clothing allow- ance, as requested by the Council, and staff informed the Council a report will be made to the Council as to a survey being made regarding police reserve uniforms. [74] (b) Agenda Bill #475. Request for recognition of Department Heads as a "Bargaining Unit". Discussion was held regarding recognition of Department Heads as a "Bargaining Unit", and if there were any exceptions. Approval .was given the recogn,ition of Departmen Heads as a "Bargaining Unit" pursuant to the Myers-Milias Brown Act, Section 3500, et seq; with the exception of Elected Officials. EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 10:45 P.M. to discuss personnel. The Council reconvened at 12:05 P.M. and the the Council agreed on the salaries for depart- ment heads and the City Manager was instructed to prepare and include the changes in the salar plan. [29] Mayor announced personnel was discussed and [20] Also discussed was possible litigation with regard to the Ellery Reservoir site and the'. City Attorney was instructed to seek a new approach in resolving the negotiations. [29] (c) Agenda Bill 8467. Salary Plan and Holida Schedule for 1971 -72. Discussion on the Salary Plan and Holiday Schedule was held by the Council and the follow ing Resolutions v:ere offered for adoption. Resolution No.1873. A RESOLUTION OF THE CITY , -, 0 0 .< .* CITY OF -8- CARLSBAD 8 __I 0 =c" 1 July 6, 1971 - - "" ~~~~~-~ ~ - ~ ~ ~~ ~ 1- 12- E341 E731 c451 I351 y-,y pa --& I i I CONTINUED BUSINESS (cont.) - Resolution No. 1875. A RESOLUTION 0.F THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING RESOLU TION NO. 1727 AND CHANGING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES, was adopted by title only - and fu.rther reading waived. (d) Agenda Bill 9488. Request by Chamber of Commerce for reconsideration of Council action taken June 29, 1971. Mr. Jim Anderson, President of the Chamber and Mr. Gordon Brown, Budget Chairman spoke before the Council stating it was the feeling of the Chamber Board that the Chamber could not match the funds the City offered for Christmas decorations. Mr. Nichols, Chamber Manager pre- sented one of the decorations for the Council's observation. After lengthy discussioE of this matter, it was the decision of the Council that a total budget of $20,000 be authorized for the Chamber as the City's contribution and that $2,000 be specific ally used for the purpose of purchasing Christ- mas decorations to be owned by the Chamber and/ or City. - I (e) Agenda Bill 9471. Oral Report from City Attorney as to the City's liability for tempor- ary block wall. (Frederick T. Monett property) The City Attorney reported on this matter, and final- approval for an encroachment permit was given by the Council, to'the'issued by the City Engineer. The City Attorney was instructed to draw a covenant to include a hold harmless clause; an.encumbrance on any future owners, binding to the terms of the agreement with the present owner, and, a 30 day notice of termina- tion clause. The City Clerk was instructed to record the agreement, as recommended by the City Attorney. (f) Agenda Bill nU464. Contract for employment of City Attorney. Mayor Dunne requested Councilman McComas and Councilman Jardine to discuss this matter with the City Attorney and report at the next meetin (4) hgenda Bill #469. Oral Report from City Attorney as to City's liability re: Summer recreation program with Carlsbad Unified School District. The City Attorney reported that he had conferre with the School District's Business Manager and the Insurance. Carrier and was assured that sinc the Insurance Company is the carrier for both the District and the City, all aspects of liability are covered. ,. . ., COUNCILME Motion ) Ayes xx> f Motion Ayes xx Mo t.i on xx Ayes X I .\~ a 0 CITY OF -Q- .@AWLSBAD COUNCILME i e - 0 =s- -I 13- CURRENT BUSINESS: [79] (a) Agenda Bill #490: Council Policy State- ment #8 - re: Councilmatic requests. Mayor Dunne requested this matter be'deferred until the next regular meeting. ADDITIONAL BUSINESS: ed on a high school skeet and trap club and stated Carlsbad is contributing $30.00 to the Club as are the cities of Oceanside and Vista. [37] (b) Table for Mayor's Office. Mayor Dunne stated he would like to be supplied with a table for his office. [30] (c) Grading and Filling lagoons. Discussion of grading and filling of the lagoons was held and it was stated at this point, there is no control over the filling of any of the lagoons for the protection and preservation of estuarie: The City Attorney was instructed to prepare an ordinance which would require Council approval prior to any major grading or filling of any of the lagoons. C321 (d) Tamarack Beach. Councilman Lewis inquired if more lighting could be installed at Tamarack Beach to alleviate the problems at the beach. Councilman Lewis was informed that Tamarack Beach falls under the jurisdiction of the State and there are no funds available for improve- ments. [82] (e) Parking on Elm Avenue. Councilman Castro stated he had received a number of complaints regarding a lack of parking space on Elm Avenue for persons wishing to conduct business in the . City Hal 1 . 14- RATIFICATION OF BILLS AND PAYROLL.: Ratification was given for the payment of bills for the General Fund in the amount of $181,624.E17 and the Water Department of $10Z,930.86, totall- ing $289,555.73 for the period June 16, 1971 of Finance and approved by the Auditing Committle. xx Ayes thru June 31, 1971 , as certified by the Director Motion Ratification was given for the payment of the -payroll for $51,419.37 for the. period June 16, 1971 thru June 31 , 1971 , as certified by'the Director 0.f Finance and approved by the Audit- Motion. i ng Committee. Ayes xx 14- ADJOURNMENT: , By proper motion, the meeting was adjourned at 12:35 P.M. , -* Respectfully submitted, i ' WTL MARG ET dF(k E. ADAMS . . . ._ Ci tv C.1 er k