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HomeMy WebLinkAbout1971-08-03; City Council; Minutes*. m - I, CITY OF CARLSBAD COUNCILMI I - Meeting of: CITY COUNCIL (Regular) Date of Meeting: August 3, 1971 . Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: [& Presentation of Pedestrian Citation by the Auto- I iLOp mobile Clu-b 'of Southern California. The City Clerk announced that Mr. Emmett G. L Lindquist, representative of the Automobile Club a Safety Award to the City of Carlsbad. Mr. Lindquist addressed the City Council and presented the Pedestrian Safety Citation to the City for the seventh consecutive year of pedestrian safety and for meeting the AAA stand- ards of program performance. , of Southern California, was present to present 1 \/ 5- CITY COUNCIL COMMITTEE REPORTS: [7p] (a) Personnel Review Committee. Councilman 4s Jardine stated he and Councilman McComas held another meeting to further discuss the Resolu- tion regarding the employKent of the City Attor- ney and also discussed the City Manager, and felt recommendations could be made .by the next meeting or shortly 'thereafter. E551 (b) Refu'se Disposal Committee. Councilman I. I, Jardine reported the next meeting of the Refuse Disposal Committee will be held August 4, 1971, at 5:30 P.M. at which time the contractor will be present. He stated there was a possibility that recommendations could be made to the Coun- cil at the next regular meeting. Mayor Dunne requested the committee to present recommendations at the next regular meeting so that any changes could be made prior to the Sanitation Company's next billing September I, 1971. [*m (c) .SANC.OG Proposal. Mayor Dunne introduced . 6%- the subject of the SANCOG Proposal and Regional Authority and a brief discussion was held by the Council rega.rding this matter. I 6- HOUSING AUTHORITY: [io51 The .City Council adjourned to the Housing Authority at- 7:15 P.M. and reconvened to the Council Meeting at 7:47 P.M., with all Council- men present. I -. CITY OF CARLSDAD COUNCllNit ,. -2- ! 0 August 3, 1971 I ?- PUBLIC HEARINGS: I The Hour of 7:30 P.M. having come and gone, the Mayor declared the Public Hearing -opened at 7:48 P,M. [67] (a) .Agenda B.il1. #477.. To consider the adoptior: of the Carlsbad Municipal Code, as compiled, edited and published by Book Publishing Company. .. The City Clerk announced that 'this matter had been published twice and the following Ordinance was given a first reading on June 29, 1971. Ordinance No. 1133. AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING CARLSBAD MUNICIPAL CODE. AS COMPILED, EDITED AND PUBLISHED BY BOOK PUBLISH- ING COMPANY OF SEATTLE, WASHINGTON, AS THE OFFICIAL CODE OF THE CITY OF CARLSBAD, CALIFORNI was given a second reading by title only and adopted. .' .. 8- The City Elerk announced that Ordinance #1133 will be sent to the Publishing Company immediate ly to be incorporated in the Code Book and copie will be mailed to the City shortly thereafter. DEPARTMENTAL REPORTS: ' A. City Clerk. E453 1. Agenda Rill #499. Approval of contract for supplements to the Carlsbad Municipal Code. -The City Clerk stated that in order to keep the Municipal Code updated, i-t will be nece: ary to have supplements printed at least once a year. She stated that a proposal has been submitted by Book Publishjng Compal and in checking, it was found this proposal to be reasonable, and it was recommended that the City enter .into a cqntract with Book Publishing Company for supplement serv D * The Mayor requested that the Council and anyone else finding conflicts in the new Code report them to.the City Clerk. The City Clerk stated some of these conflicts would be eliminated by Ordinance No. 1134, to-be presented for-a second reading at thi meeti ng. Following further dtscussion, authorization was given the Mayor to execute a contract between the City and Book Publishing Compan. for supplement service to the Carlsbad City Code in accordance 'with the proposal submit ed, and that a supplement be printed on a quarterly' basis. I -. .. ."~ .. -..._- . , T I i *. d ?- !p >5 I) ic S Y t I i9 Motion xx 'Ayes . X I I >- l :e. - Motion Ayes x. x CITY OF CARLSBAD C~UNCILMI /I ! DEPARTMENTAL REPORTS: (cont.) B. Engi neeri ng. The City Engineer state.d a revised copy of Agenda Bill #445 was presented to them and explained the .changes that were made. He further reported that those property owners whose assessment exceeded $40.00 have been notified and the Engineering Department received five responses in the way of in- quiries. After further discussion, the following Resolution was offered for adoption. only and adopted. 2. Agenda Bill #385.. - Supplement No. 1. Revised Joint Powers Agreement for Mainten- ance of Weir and Channel .. and Channel.. Highland-Manor, Inc. As recommended by the City Engineer, the tion with the Water Systems Improvement dustrial Park. Following discussion, a one year extension in 'honor of her husband, was granted. , -. .. ,. CITY OF -4- CARLSBAD COUNClLMf DEPARTMENTAL REPORTS: (cont.) B. Engineering (cont.) 5. Agenda Bill fi5CZ. . Authoriz-ation for Quitclaim of Water Line Easement .- Skyline The City Engineer stated this easement is presently not in use and there is no future need of it by the City. ** across Lots 81 through 86 of Carlsbad High- Engineering Staff. 6. Agenda Bill #503. Resolution #1883, authorizing execution of Local Agency - State Agreement - re: Federal Aid Topic-s Program. Following discussion, Resolution No. 1883 was offered for adoption, as amended. Resolution No. 1883. A RESOLUT'ION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHOR STATE AGREEMENT AND OTHER DOCUMENTS RELATING TO THE FEDERAL AID TOPICS PROGRAM, was adopt-Motion ed by title only and further reading waived. Ayes 7. Agenda Bill #504. Resolution #1884 approving proposed Federal Aid Topics Pro- gram. Following discussion, Resolution No. 1884, was offered for adoption, as amended. Resolution No. 1884. A RESOLUTION-OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROV- ING THE PROPOSED FEDERAL AID-URBAN STREET AREA.PORTION OF SAN DIEGO METROPOLITAN AREA, was adopted by title only and further Motion , reading waived. Ayes 1 IZING THE MAYOR TO EXECUTE THE LOCAL AGENCY- . SYSTEM FOR THE OCEANSIDE-CARLSSAD URBAN CWl 8. Other Engineering Matters. 'Discussion sy was held by the Council regarding Freeway Landscaping and it was stated that Mr. John- ston is working with the Division of High- - ways. The City Manager stated that the freeway landscaping has been moved ahead of schedule for Carlsbad due to the City's Financial participation-, and Mr. Johnston, Parks and Recreation Director is working with the Division of Highways in determin- ing the type of plants, etc. B . -. .. .- . ., . . ., . . i! 0 X X ( $f t X X X xx ! I CITY OF -5-CARLSBAD CoWNClLMt /I B I I) w C. Planning. c781 1. Agenda Bill f49'4. - Supplement #l. Proposed Nuisance Ordinance. Mr. Don Agatep, Junior Planner, stated this ordinance was presented to the Council for discussion to determine.what changes should be made, if any, before it is presented for adoption. Following considerable d.iscussion as to the types of vehicles that should be included next regular meeting. Councilman Lewis re- quested the City Attorney meet with the committee. It was requested by Councilman McComas that the Ordinance include all u.n- 1 icensed wheeled vehicl es. D. Parks and Recreation.. . .. -< . - . ." - -. . . " " " . . E701 1; Progress on Mini Park. The- City Manager briefly reported on the progress of the.Mini Park,, stating gas lights and benches are now in. He further stated with the hel'p of those employed under the- STEP Program, the Mini Park should progress more rapidly. 2. Report on removal of sewer plant. Mayor the City Engineer had received a general estimate in the amount of $7,000 for removal of the old sewer plant and this figure does not include hauling. After further discussion, authorization was given the City Engineer to advertise for Motion bids for the removal of the o-Id sewer plant. Ayes X II CM 1: 23 Dunne stated it was his understanding that E. Public Works. .. "e - There were no items to be discussed at.this time. F. Xraffic Safety. c1 821 1. Agenda Bill #505. Designating Ocean St. at Cedar Avenue as a stop street. The following Resolution was offered for adoption, as recommended by the Traffic Safety Comm.ission. Resolution No. 1885. A RESOLUTION OF THE NATING OCEAN STREET AS. A STOP STREET AT CEDAR AVENUE RE: ORDINANCE NO. 3005, SECTION 29, was adopted by" title only and Motion further reading waived. Ayes X CITY COUNCIL OF THE CITY OF CARLSBAD DESIG- .. " . . .. 3 0 X X CITY OF -6-CARLSBAD .. I) August 3, 1971 I COUNCILME ... \*A' 151 yi" B -E t T 8- DEPARTMENTAL REPORTS (cont.)' G. City Attorney I c351 7. Status of Zoninbg Violations.. The.City Attorney stated he had previously been in- structed by the Council to take action on three zoning violations. He stated he con- tacted those in violation and received re- sponses from all of them but felt that two of those in violation would not cooperate and the third, and least of the violations, may show some compliance. The City Attorneg was instructed to file a complaint against two of the violators. 9- .ORDINANCES FOR ADOPTION: I E1141 (a) Agenda Bill 8492. Change of zone and speci fic Plan - San Diego Gas & Electric Co. Ordinance No. 9279. AN ORDINANCE OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN ON APPROXI- i I 113 MATELY 680 ACRES OF LAND LOCATED EAST OF THE: I PACIFIC OCEAN AND SOUTH OF THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, SUBJECT TO A PORTION CARLSBAD, was given a second reading and adopted. Ayes OF SAID PROPERTY BEING ANNEXED TO THE CITY OF Motion Ordinance No, 9280. AN ORDINANCE OF THE CITY OF CARLSBAD, AMENDING ORDINANCE NO. 9060. RECLASSI- I"!/ FYING CERTAIN CITY PROPERTY FROM ZONE-R-A, R-3 AND "M", TO P-U (PUBLIC UTILITY) AND A PREANNEXA- TIOt! ZONING FROM COUNTY ZONING TO P-U (PUBLIC UTILITY), SAID PROPERTY BEING LOCATED ON APPROXI- MATELY 680 ACRES OF LAND EAST OF THE PACIFIC . OCEAN AND SOUTH OF THE NORTH SHORE OF AGUA HEDI- adopted. Ayes ONDA LAGOON, was given a second reading and * Motion [67] (b) - Agenda Bill 8496. Ordinance #1134, repeal - ing certain ordinances and sections of Ordinancef; : re: Carlsbad City Code. Ordinance No. 1734. AN 0RDIF;IANCE OF THE CITY OF TIONS OF ORDINANCES AND PRIOR CODE SECTIONS OF CODE OF THE CITY OF CARLSBAD, CALIFORNIA, was Motion given a second reading and adopted. Ayes CARLSBAD REPEALING CERTAIN ORDINANCES AND SEC- [31] . (c) Agenda Bill #458. Ordinance #6044, prohibi- ing 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 second reading and adopted. 10- CONSENT CALENDAR: *A. Correspondence - Advisory. There was no , -r correspondence. B. Correspondence - Referral. There was no correspondence ., . .. .. . .. I .Mot i o.n Ayes , I X X X X 1 X X X x X x. x D - B llrs August - 1 2.- E791 13-. [lo81 c 251 CITY OF - CARLSBAD - COUNCILME -1- .. % p *. iJ a. g 78 3, 1971 .. CONTINUED BUSINESS: (a) Agenda Bill #468. Supplement to.Counci1 .Policy Statement #7 - re: Uniform 'Allowance. The City Manager informed the Council' that accor ing to a survey made by the Police and Fire Chiefs, a majority of California cities include Department and Division Heads in the list of .personnel receiving uniform al.lowance, and it is their recommendation that Council Policy Statement #7 be amended to read "all personnel of the Police and Fire Departments, including Chiefs and Division Heads." Further, it is recommended that active Police Reserve Officers be a1 lowed a "Cleaning A1 lowance", of $60.00 per year. Staff was instruc3ed to incorporate these addi- tions in Council Policy Statement #7 and the City Manager and Fire Chief were instructed to discuss and'determine the status of uniforms. for active Fire Reserve Personnel. It was . agreed that Council Policy Statement #7, as * amended be approved in principle. j- Motion Ayes X I I X CURRENT BUSINESS: (a) Agenda Bill #479. Request for opportunity to appear before the City Council - re: Appeal on Variance Application on property located at 2601. Ocean Street. Appl ic.ant: Einar Mo The City Clerk stated this matter was brought before the Council at a Public Hearing on July 6, 1971, and was denied by the Council. Mr. Einar Mo spoke before the Council stating his reason for requesting to be heard was in th hope that the Council would offer ecouragemenl to reapply fnr a variance. He further discusse the alignment of Ocean Street and.stated he cou not understand why his request af.f.ected future alignment of the street. After lengthy discussion of this matter, the Council suggested that.perhaps Mr. Mo could arrive at some agreement with the Army & Navy Academy regarding street right of way and very firmly stated that a negative deci.sion had been reached by both the Planning Commission and the City Council and they could not offer him any encouragment to reapply for a variance at this time. It was also pointed out that the Plannin Commission did grant a front yard setback of from 20 feet to 5 feet. % 1 5 ADDITIONAL BUSINE.SS: I ~ (a) Agenda Bill #506. Annexation Request from South Shores Development Corp. - Lanakai Mobile Home Park. , -. Following discussion, the Annexation Request from South Shore Development Corp. ('Lanakai Mobile Home Park ) was referred to the Planning Commission for re ort. and recommendations in accordance with fectlon 35108 of the ~ov~~~~~~t Cnrfcl .I . .-. . CITY OF -8- CARLSBAD b- B Ip. 1 *... I, .. .~. . COUNCI1,Mf .. ; q:"9 I 13 Auqust 3, 1971 ADDITIONAL BUSINESS: (cont.) I [&TO] (b) Emergency Generat,or in Pump. In discussing 3') the removal of the old sewer plant,-- the Mayor stated there is no emergency generator in the pump at that location and there should be one. The City Engineer was instructed to check into this matter and .discuss it with the City Manager and Director of Public Works. [54] (b) Elm Avenue Underpass. Di'scussion was held on the drainage of the Elm Avenue Underpass. The City Engineer stated there are some problem but in the construction of the Freeway Overpass at Elm Avenue, the State has gone down as far as they c'an without hitting the undergrounding. He stated there will be positive flow to the drainage and there should be no major problems -with normal rainfall. S E781 (c) Beach Patrol. The City Manager stated the Beach Patrol has been quite effective and a - mentary remarks. number of citizens have called in with compli-. [74] (d) New Uniforms for Employees. The City Mana- ger stated the new uniforms, which are green, have arrived and are being worn by designated . employees. He stated he felt uniformed employees would be more identifia.ble as employees of the City and do present a better appearance. [74] (e) STEP,Program. The City Manager reported that the Step Program was working out very well and that the City now has 12 employees from the program and stated that this is funded for 12 weeks. F\s soon as more informati.on is avail- . able as to the status of the program after the 12 week period, the City Manager will report further. Following discussion, it was agreed by the Coun cil that a Resolution should be drawn summariz- ing the work performed by the employees under the STEP Program and indicating the City's approval of said program, for Council's approva to be sent to the appropriate representatives. t Y C681 (f) League of California Cities Delegate for Conference. As requested by the L.eague of California Cities, it was agreed by the Council that Mayor Dunne be appointed deleg-ate and Vice Mayor McComas be appointed a1 ternate ,delegate for the League Conference. E371 (9) Mayor's request for out-of-pocket expenses The Mayor stated a memorandum had been sent to the Council regarding out-of-pocket expenses an explained the reason for this request was to eliminate additional accounting and requested . Council authorization for a check in the amount of $40.00 per month to be drawn for out-of-pock expenses for meetings he must attend for the benefit of the City. He explained that receipt etc. would be turned in once a month and any monies not spent be reimbursed to the City. 1 3t " 3 Following a brief discussion, it was the decisi n of the Mayor that he would continue the pro- cedure for out-of-pocket expenses on the same basis as in the past, and the matter was tabled. P \ I !I ! I i i' /. \: I, 1, . iJ CITY OF -3- CARLSBAD I) I B - c P / 0s' ' August 3, 1971 T 4 ~~ ~ ~~~ ~ ADDITIONAL BUSINESS: (cont.) [70] (h) Lake Calavera as County Regional Park. The City Manager stated a report ha-d been sub- mitted to the Council. for their information re- garding Lake Calavera as a County Reg4onal Park. The Council acknowledged the report and the Mayo stated the Council would review the report. The City Manager stated this matter will be presente .before the Council for consideration at a later date. EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 1O:OO P.M. for the purpose of discussing possibl . litigation and personnel. The Council reconvened at 10:25 P.M. and the Mayor stated discussion was held regarding possi ble litigation and personnel and no decision had been reached. 13- RATIFICATION OF THE BILLS AND PAYR0L.L: Ratification was given for payment of bills for the General Fund in the amount of $140,822.85 and the Water Department of $35,780.36 for the 'period July 16, 1971 thru July 31, 1971, as certified by the Director of Finance and approv- ed .by the Auditing Committee. Ratification was given for the payment of the payroll for $57,039.43 for the period July 16, 1971 thru July 31 , 1971 , as certified by the Director of Finance and approved by the Auditins Committee. 14- ADJOURNMENT: By proper motion, the meeting was adjourned at 10:28 P.M. -. Respectfully submitted,. , -. .. . .. . ., . . !i I I - ! COUNClLMl , I I j I I i i i h ii I. 1; !t