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HomeMy WebLinkAbout1971-07-20; City Council; Minutes,' i .l il B CITY .OF CARLSBAD COUNClLMf Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: Time of Meeting: INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: The following minutes were approved as pre- . (a) Minutes of the adjourned meeting held (b) Minutes of the adjourned meeting held (c) Minutes of the adj5urned meeting held (d) Minutes of the adjourned meeting held (e) Minutes of the adjourned meeting held (f) Minutes of the regular meeting held May 22, 1971. May 29, 1971. June 5, 1971. June 19, 1971. June 29, 1971. .July 6, 1971. CITY COUNCIL COMMITTEE REPORTS: [28] (a) Water Committee. Councilman McComas stat- ed that the Water Committee held a meet4ng July 6, 1971 , for the purpose of studying the water systems improvement bids and further stated that thirteen (13) bids were received. It was the recommendation of the Water Committe after review and considering that steel tanks might be utilized, that bids be rejected, to be reopened and to close on Ai4gu.t 17 , 1971. The Mayor stated that at the request of the City Attorney, this matter would be discussed in an Executive Session to be called during this E451 (b) Contract for employment - City Attorney. Councilman Jardine reported that a meeting had C551 (c) Garbage and Trash. Councilman Jardine reported on the progress of the Garbage and Trash Committee study and stated he and Council man Lewis devised an informal survey question- nair.e which was circulated to various citizens, and they will compile findings of the survey to gather more information and will have report prepared by the second meeting in August. CITY OF n CARLSBAU couwxrk41 -L- B July 20, 1971 *r w -* I I 5- COUNCIL COMMITTEE REPORTS (cont .) . [@I (d) Parks and Recreation Commission. At the fq request of Councilman Lewis, the City Manager 45,. 4 d reported on the Parks and Recreation Commission Meeting stating that discussion was held on the Pop Warner 'Football Field, various projects by the new Parks and Recreation Director who provided a list for the Commissi.on. Also the City Manager stated that a Park and Recreation Status Report would be placed..on future Agendas and submitted to the Council at the end of each month. 6- HOUSING AUTHORITY [lo51 The City Council adjourned to the Housing Authority at 9:lO P.M. and reconvened to the Council Meeting at 9:35 P.M., with all Council- men present. - 7- PUBLIC HEARINGS: I I The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearing open at 7:35 P.M. I [I143 (a) Agenda Bill 8492. To consider a pre- annexation zone change from R-A, R-3 and I'M1' zones to P-U (Public Utility) and adoption of a specific plan on property located East of the Pacific Ocean and South of the North Shore of Agua Hedionda Lagoon. Applicant: San Diego Gas .& Electric Co. The City Clerk presented the Affadavit of Pub- lication and reported written correspondence had been received from W. D. Cannon in opposi- tion only to the location .of the proposed park site. The Council also acknowledged receipt of a letter from Allan Kelly which was forward- ed to them from the Planning Commission, and was generally in opposition. I The Mayor announced the Council would 1 i ke to he.ar from anyone wi.shing to be heard in favor or in opposition to this change of zone and specific plan. 0 Mr. Frank DeVore, Manager of Engineering Land, San Diego Gas ti Electric Company, explained to the Council, the proposed plans of San Diego Gas l? Electric and stated the Company is in agreement with the recommendations set by the Planning Cornmission. In opposition. Mr. Rudy Gonzales, 5325 Los Robles, Carl sbad. Mr. Edward Ball enti ne, Pic0 Rivera, and proper- Mr. Bob Glomb, 3890 James Drive, Carlsbad, and Mr. Allan Kelly, Sr., 4675 El Camino Real, I ty owner on .Tierra Del Oro, Carlsbad. I Carl sbad. I -. n The above named persons speaking in opposition discussed such subjects as lack of landscaping, adverse affect of outfall in the environment, owned by SDGPxE and leased by the City. . and the opening 05 the Agua Hedionda Lagoon, ~ D. - 0 T" CITY OF CARLSBAD COUNCILME -3- e ~~~~ -- . " 944 pw$ "0 - July 20, 1971 CITY OF CARLSBAD COUNCILME -3- e ~~~~ -- . " 944 pw$ "0 - July 20, 1971 74T-44 7- PUBLIC HEARINGS (cont.) Agenda Bill fi492. (cont.) Also in opposition Mr. W. D. Cannon, 500 Cannon Road, Carlsbad spoke in opposition only to the location of the proposed athletic field which would be located adjacent to a motel complex being developed by Mr. Cannon and which was approved by the Counci He stated he felt this would .be a detriment to the complex and inquired if the athletic field could be located el sewhere. I Those speaking in favor of said application were: Mr. Bill Carmichael, 372 Pine Avenue, Carlsbad. Since there were no other persons wishing to be heard, the Mayor declared the Public Hearing closed at 8:40 P.M. .. After hearing further from Mr. DeVore, who responded to .questions and remarks by those in opposition, further .disiussi'on of this matter was held by the Council and it was agreed that the baseball little league $ark and athletic field site be relocated .at. the earliest practi- cable date; it being understood that the presen proposed location is not accepta.ble, and ,said Park and field shall be subject to specific pla approval. Further, as recommended by the City Engineer and agreed by S.D.G. & E,, ,titat Sectio 3, Item 13 be added to Ordinance ii9279 regardin conditions for improvement of Carlsbad Boule- vard and Cannon Road. The following Resolution and Ordinances were presented. Resolution No. 1880. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION REGARDING A CHANGE OF R-3, AND M, TO P-U (PUBLIC UTILITY), AND A ING TO P-U (PUBLIC UTILITY), AND ADOPTION OF A SPECIFIC PLAN, ON PROPERTY LOCATED EAST OF OF AGUA HECIONDA LAGCBIJ, APPROXIMATELY 680 ZONE ON CERTAIN CITY PROPERTY FROM ZONE R-A PRE-ANNEXATION CHANGE OF ZONE FROM COUFlTY ZON- THE PACIFIC OCEAN'AKD SOUTH OF TEE NORTH SHORE ACRES, was adoated by title only and further reading waived. I I I Motion Ayes I 1 xx Ordinance Yo. 9279. AN ORDINANCE OF THE CITY OF CARLSBAD. ADOPTING A SPECIFIC PLAN ON APPROX I - II MATELY 680 ACRES OF LP,ND, SAID PROPERTY BEING LOCATED EAST OF THE PACIFIC OCEAN AND SOUTH OF THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, SUBJECT TO A PORTION OF SAID PROPERTY BEING ANNEXED TO THE CITY OF CARLSBAD, also subject to the amendments regarding the location of the athletic field and to improvements of Carlsbad Boulevard and Cannon.,Road. (as stated Motion and further reading waived. above),. was given a first reading by title only xx Ayes i CITY OF _,_CA'RLSBAD B July 20, 1971 - 0 COUNC21"I aL pyT? 2 ;%': a 845 ?if)\ 7- PUBLIC HEARINGS (cont.) I Agenda Bill #492. (cont.) Ordinance No. 9280. AN ORDINANCE OF THE CITY . OF CARLSBAD, AMENDING ORDINANCE NO. 9060, BY PERTY FROM ZONE R-A R-3 AND M TO P-U (PUBLIC FROM COUNTY ZONING TO P-U (PUBLIC UTILITY), ON APPROXIMATELY 680 ACRES OF.'LAND LOCATED EAST OF THE PACIFIC OCEAN AND SOUTH OF THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, was given a first reading by title only and further reading waived. .~ GRANTING A CHANGE OF ZONE ON CERTAIN CITY PRO- UTILITY), AND A PRE-ANNEXATION CHANGE OF ZONE 8- . DEPARTMENTAL REPORTS: A. Engineering. 1641 I. Agenda Bill 8445. (cont.) Establish- ing Street Lighting Maintenance Districts. Mayor Dunne stated that although the Pub- lic Hearing was closed at the meeting of July 6, 1971, he would like to reopen it to- allow those wishing to be heard an opportunity to do so. He declared the Hearing opened at 9:38 P.M. Those wishing to speak in opposition were .as follows: Mr. Henry Joswicki, 1751 Andrea Avenue. Mr. James Gaiser, 3748 Skyline Drive. Mr. Robert L. bJatson, 4098 Sunnyhill Drive. all of Carl sbad. Those wishing to speak in favor: Mr. Harry Truax, 4125 Harbor Drive, Carlsba After further explanation from the City Engineer, lengthy discussion'was held by . the Council. I It was agreed that the Council approve the Lighting District .in principle and staff was instructed to notify all property owner whose assessments exceed $40.00. It was also agreed that any inequitities be ad- justed prior to the next Countil Meeting when the assessment roll is presented. 9 ~851 2. Engineering Status Report. Acknowledgment was given the Engineering Status Report. 3. Other Engineering Matters. I341 Discussion was held by the Council regard- ing a letter received from the State Divi- sion of Highways indicating the completion date of the El Camino Real Interchange, said date being February, 1972. .. , j Motion Ayes Mo t.i on Ayes xx D - 8 CITY OF CARLSBAD COUNCILMI 8- DEPARTMENTAL REPORTS. (cont. ) B. Personnel. 1. Agenda Bill P493. Personnel Classifi- Following discussion, the position of Cler Resolution No. 1881. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CREAT RANGE 22 FOR INCLUSION IN THE SALARY PLAN FOR FISCAL YEAR 1971-72, was adopted by title only and further reading waived. ING THE POSITION OF REFERENCE LIBRARIAN - C. Planning. - Ce,e Company. - i ng reasons : within a totally R-1 area. rounding R-1 property. c) Possible threat of devaluation sur- ING FINDINGS AND REVERSING DECISION OF TH PLANNING COMMISSION AND DENYING A CHANGE ZONE AND MASTER PLAN FOR A 17- UNIT, SINGLE -FAKILY RESIDENTIAL DEVELOPMENT, Following discussion, the Council request sented at the next regular Council Meetin and that recreational vehicles not be in- cluded in this particular ordinance. It was suggested that the City Attorney conf with the. League of California Cities as t Ordinances relating to nuisances which ha been successful in the Courts. - that a proposed Nui'sance Ordinance be pre D - 0 July P -8- F541 1771 c251 c961 I1 CITY OF CP,'RLSBAP CbUb!ClL,MI -6- C. Planning (cont.) 3. Agenda Bill #495. Freeway'Landscaping Program. The City Council concurred with the Plannin Commission as to acceleration of Freeway Landscaping. Staff was instructed to de- termine what the State's plans are and then write a letter to Mr. Dekema, Division of Highways urging priority consideration in budgeting and phasing of landscape program for 1-5 and report back to the Council at the .next regular meeting. 4. Planning Department Status Report. 5. Other Planning Matters. The City Planner stated a letter had been sent to LAFCO regarding boundaries and the .Mayor stated-emphasis should be placed on the importance of this letter and informa- tion. D. Public Works. 1. Agenda Bill fi485 (cont.) Street sign standardization. The Director of Public Works informed the Council of the Traffic Safety Commission's recommendation and stated these signs do no street signs, such as the sample 30" x. 9" sign reading "Indian"; made by Western Highway Signs, as recommended by the Traffi Safety Commission. EXECUTIVE SESSION. Mayor Dunne called for an Executive Session at 11:25 P.M. to discuss possible litigation and The ,Council reconvened at 12:OO Midnight and L the Mayor announced that discussion was held on possible litigation and Personnel and the following action was taken:, , -. *, CITY OF - CARLSBAD D July 20, 1971 -1- " - h COUhlCILMI 148 """ ~-~~ ~ EXECUTIVE SESSION (cont.) The following persons were appointed to a four year term to the Parks and Recreation Commissior. Mr. George L. Long, Sr., 4890 Sevilla Way Reappointed: Mrs. Betty Wollrich, 4150 Skyline Drive Mr. JamFs Kinghorn, 2140 Basswood Avenue Mr. Fred Lance, 2323-26 Ocean Street. Also the Mayor announced that the City Attorney was instructed to write to Mr. Richard Geyer informing him that it was the decision of the City Council to reject his claim for damages. [30] (a) Agenda Bill X432. 'Ordinance kr8056, estab- lishing requirements for filling of any exist- ORDINANCES FOR INTRODUCTION. ing body of water. Ordinance No. 8056. AN ORDINANCE OF THE CITY ING OF ANY EXISTING BODY OF WATER, to be effec- tive immediately as an emergency ordinance, was -,adopted by title only and further reading waived. OF CARLSBAD ESTABLISHING REQUIREMENTS FOR FILL- (b) . Agenda Bill X458. Ordinance #6044, pro- hibiting display.of goods on public streets and sidewalks. Ordinance No. 6044. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING CHAPTER 5.04 PROHIBITING SIDEWALK SALES AND PROVIDING FOR PROMOTIONAL SALES PERMITS, was given a first reading and further reading waived. ! (c) Agenda Bill X496. Ordinance X1134, re- pealing certain ordinances, sections of ordi- nances and prior Code sections of the City Code Ordinance No. 1134. AN ORDINANCE OF THE CITY I OF CARLSBAD REPEALING CERTAIN ORDINANCES AND SECTIONS OF ORDINANCES. AND PRIOR CODE SECTIONS OF THE CODE OF THE CITY.OF CARLSBAD, CALIFORNIA w,as given a first reading by title only and further reading waived. (d) Agenda Bill #497. Ordinance #3085, regu- lating boats on Agua Hedionda Lagoon. Following discussion by the public and the City Council, presentation of Ordinance No. 3085 was deferred to the next regular Council Meetin for further study and recommendation from the committee as .to aids to navigation. Also it was felt that the ordinance should include a pream-ble whereby it is unders.t,ood that the lagoon is to be enjoyed by all users. The Mayo appointed George Litchfield, 159 Sequoia Ave. and Mr. Paul Cochran, 3990 James Drive, Carlsba to serve on the committee in addition to the other members now serving. \fiY \fl 2; 2 , "i Motion xx Ay.e s X Motion Ayes xx Motion Ayes xx 1, a. B - 0 Itp CITY OF -8- CARLSBAD COUNCILMl c July 20, 1971 ~731 (e) Agenda Bill ir439. Ordinance #6045, es- tablishing regulations for dancing and live music. Following discussion, the City Council granted a permanent dance permit to be issued for live music and juke box music, to Mr.. and Mrs. Daniel Soto for the Casino Bar, 2943 State Street, -Carlsbad, which would..allow dancing. 7 0- CONSENT CALENDAR: A. Correspondence -'Advisory - The.re was no advisory correspondence. B. Correspondence - Referral - There was no referral correspondence. - 11- CONTINUED BUSINESS: [451 .garding (a) Agenda Bill 9464. Resolution #1871, re- duties and salary for City Attorney. The Mayor stated that the contract for services with the City Attorney is still being discussed with Councilman Jardine and Councilman McComas. 12- CURRENT BUSINESS: . C6'1 (a) Agenda Bill #474. - Supplement #l . Pendin Legislation. tives to indicate the Council's feelings. Regarding the SANCOG proposal , it,was moved tha the City Council adopt and endorse in principle the concept of SANCOG. [27] (b) Agenda Bill $498.. Audit proposal for fiscal year 1971-72 - Carroll & Brantley. The City Manager recommended that the Council consider employing another City Auditor for the next fiscal year - 1972-73, for the sole reason that the present auditor has been under contrac it is felt that it-is good policy to change auditors every three to four years. He pointed out that since the Audit has been started for fiscal year 1971-72 by Mr.. Carroll 9 it would be impossible. to.do this year. 'with the City for the past seven (7) years and '. 5 ii I i CITY OF -9- CARLSBRD COUNCllM L 0 -- . July 20, 1971 ADDITIONAL BUSINESS: [I111 (a) Agenda Bill 8414 - Supplement.#I. Contrac #lo00 - Water System Improvements. The City Engineerreported that bids received on the Water Systems Improvement have been reviewed. BY motion Of the City Council-. it was agreed tha the City award the later Systems Contract #lo00 to the lowest bidder for Schedule n"l , and to the lowest bidder for steel. tanks for Schedule #2, on the conditions that all other Schedule #2 bidders waive any objections thereto in writing, subject to the approval of the City Attorney and HUD. In the event that such waiver is not obtainable [94] (b) Automotive Center. Mayor Dunne appointed Councilman Jardine and Councilman McComas to an ad hoc committee to discuss details. of the pro- posal for.the Automotive Center and further dis cuss with the City Manager. [70] (c) Parks and Recreation Department. Mayor Dunne requested that the Parks and Recreation Department submit a monthly Status Report at the last meeting of each month. w.1 (d) Removal of Sewer Plant. The City Manager and City Engineer were instructed to obtain cost estimate of removing the old sewer plant. Further, the City Attorney was instructed to check on the legality of using sewer bond funds for demolition purposes with regard to the sewer plant. [551 (e) Report Litter and Trash. Mayor Dunne stated he would like the Councilman and City Employees to report any. trash, litter, or 'other kinds of debris to the Public Works Director in an effort to clean up the City. c291 . (f) Authorization for Travel Expenses - City Treasurer. It was agreed that authorization City Treasurer's position. El1o] (9) Water Increase. It was requested that ~ since there-:is a strong possibility that there will be an increase in the water rates next year, the City Manager obtain all the informa- tion he can in order to inform citizens in advance of such water rate increase. .I % CITY OF CARLSBAD CQUNCI!,_P;: 6)'" <,>. :; -1 0- ,j, Bi! .\ -_ D July 20, 1971 .w .L, 1 s: - -~ ~~ 0 ADDITIONAL BUSINESS: (cont.) [37] (h) Uniform Allowance - Policy #7 . The City Manager reported that in checking with other cities on the Uniform Allowance, he discovered. that twice'a year allowance was given in the months of July- and January with the exception of new employees who would be gi.ven a full year allowance. If new employees did not stay a year, they would rebate to the City on a pro- rated basis. Futthur that Chiefs are usually included in uniform allowance in other cities. 'S I, The City Manager was instructed to include thes items in writing for the next regular meeting. 4- 13- ' RATIFICATION OF BILLS AND PAYROLL: Ratification was given for payment of bills for the 1970-71 fiscal year for the General Fund in amount of $42,423.28 anb the. Water Department of $249706.58, for the period ending-June 30, 1971, as certified by the Director of Finance and approved by the Auditing Commi ttee. Ratification was g-iven for payment of bills for the 1971 -72 fiscal year for the General Func -in -the amount of $36,900.96 and the Water Department of $648.66,. fcr the period beginnins July 1, 1971, as certified by the Director of Finance and approved by the Auditing Committee... 14- Ratification was given for the payment of the payroll for $52,433.05 for the period July l', 19-71 thru July 15, 1971 as certified by the Director of Finance and approved by the Audit- ing Committee. .. ADJOURNMENT: .. Motion Ayes ~ I I Motion Ayes By proper motion, the meeting was adjourned at 12:35 P.M. Respectful ly submitted, , -. .. . .- 1 1 I c- AT.. - I, i I I I I I i I I I ~ I ;x ( x