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HomeMy WebLinkAbout1971-09-21; City Council; Minutes1 1, CITY OF CARLSBAD COUNClLMl \ Meeting of: CITY COUNCIL (Qegular Meeting) 0 Time of Fleeting: Date of Meeting: September 21, 1971 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES : (a) Minutes of the regular meeting of September 7, 1971 were approved as presented. 5- COUNCIL COMMITTEE REPORTS: E551 (a) Agenda Bill #461. Trash Service. Council- . man Jardine reported that several meetings have occurred since the Council meeting of September 7, 1971 and it is the Refuse Disposal Committee' recommendation that an urgency ordinance be adopted establishing mandatory trash service with twice a week pick-up service with a charge of $2.75 per month to the residents of Carlsbad, to be billed by the water department with the first billing scheduled the first part of Novem- ber for October trash service. Further, Council man Jardine stated hardship cases would be re- viewed for exclusion. By "hardship", he stated, it is meant those persons who live in inaccessi- ble areas for trucks to .enter and who must carry their trash barrels, etc. great distances to the curb or who have paid someone other than McDouga to dispose of their trash. 1 ! Upon consideration, the following Ordinance was offered for adoption' :as an Urgency Ordinance. Ordinance No. 6045. AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISHING MANDATORY GARBAGE COLLECT1 WITHIN THE CITY OF CARLSBAD ADDING CHAPTER 6.09, was read in full as an urgency ordinance to be- come effective immediately and adopted. C351 (b) Agenda Bill #464. City Attorney's contract The Mayor announced that this matt.er would be discussed in an Executive Session.. . E781 (c) Agenda Bill #494. Nuisance Ordinance. Councilman Castro requested this matter be continued unt,i1 after the Executive Session. I [70] (d) Agenda Bill 5497. Boating regulations. Councilman Lewis reported that the Chairman of the Agua Hedionda Lagoon Committee will be comml obtain more data for the committee to.study. . cating with the Coast Guard and others to [691 (e) Parks and Recreation Commission. Council- man Lewis reported the P & R Commission discuss1 the report and reviewed the plans for Holiday . Park. Also discussed was the proposed park at Laguna Riviera and the matter of Lake Calavera. I) I N Potion x Ayes xxx i- + e - e w CITY OF CARLSBAD COUNCILM -2- September 21 , 1971 (e) P & R Commission (cont.) Mr. Lewis stated that Mr. Bob Glomb made a presentation to the Commission representating the Carl sbad Cyclonite and is present to lnake a presentation to the Council. Mr. Bob Glomb, 3980 James Drive, Carlsbad stated he is an advisor for the Carlsbad Cyclonites and stated he is submitting a proposal for a cycle park for which it is felt there is a need to allow cycle riders a place to ride without dis- turbing residents. He stated 300 signatures have been obtained on a petition in favor of . this and that the matter was presented to the Parks and Recreation Commission at their last ' meeting for their consideration. C281 (f) !-layor's Youth Committee. Councilman Lewis reported the committee will meet. the first Monday in October. 6- HOUSING AUTHORXTY: [lo51 The Council adjourned to the Housing Authority at 7:38 P.M. and reconvened to the Council Meet- ing at 8:20 P.M. with all Councilmen present. 7- DEPARTMENTAL REPORTS : A. . Engineering. E991 - 1. Agenda Bill #419. (Supplement #l) Final Map for 10 unit -condominium located in Brist Cove .- Tract #71-1 - Developer: Barton W. 1 Lefferdink. The final map for condominium development in Bristol Cove, Tract 71-1 , was approved subject to the conditions contained in . Motion X Resolution it1844. Ayes xx I f-971 2. Agenda Bill $386. (supplement #l) Im- provement of Buena Vista Ave. - Citizen Participation project. As recommended by the City Engineer, this matter was continued pending further negotia- tions with the property owner's attorney. E471 3. Agenda Bill. #537. Request by Sidney A. Fuller - re: Drainage at Elm Ave., westerly of Val 1 ey. Mr. Sidney A. Fuller appeared before the Council and explained .the reason for this request. He stated he had been assured by the City that upon the completion of Elm , Avenue to Valley Street, drainage would be on Valley Street.. Since the comple.tion in 1967 or 1968 , he has had pool s of water . standing on his property, which is located at the corner of Elm and Valley,because the drainage is directly on his property. Mr. Fuller requested the City resolve this problem., and submi tted. correspondence bettre n himself and the City Engineer. a. CITY OF CARLSBAD -3- t . September 21, 1971 ~~~ 7- DEPARTMENTAL REPOP,TS (cont . ) I A. Engineering (cont.) I 3. Agenda Bill 9537. Upon hearing all fact and considering this matter, authorization was given for the construction of a vertical sand drain at the Northwest and Southwest corners of Elm Avenue and Valley Street, and that-the sum of $1000.00 be expended for the work. C [lo71 4. Agenda Bill #538. Request by Richard A. Geyer for vacation of Lot "E" - Carlsbad ' Manor (Alder Ave. ) Discussion was held regarding this matter and the following Resolution was offered for adoption. Resolution No. 1906. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLAR ING THE INTENTION OF THE CITY COUNCIL TO I VACATE PORTIONS OF ALDER AVENUE,. ALSO KNOWN AS LOT "E", was adopted by title only and further reading waived. E451 5. Agenda Bill #544. Engineering Services Contract for construction staking re: Water Systems Improvement. . . Following discussion, authorization was give the Mayor and the City Clerk to execute an Agreement with Associated Engineers for sur- veying services .i.n connection with the Water Systems Improvement project, in an amount not to exceed $20,000.00. I E861 6. Engineering Department Status Report. Acknowledgment was given the Engineering Depar'tment Status Report. CllU 7. Other Engineering Matters. Noting from the Engineering Department Status report that the Water-Systems Improvement Project is scheduled to begin in October, the Cit.v Engineer was instructed to notify residents of the area that the street will be torn up and how long the project will take as well as advising them of the pressure change. The City Engineer stated that this can be done by inserting a statement in one of the early water bills for those areas i nvol ved. C813 Upon inquiry, the City Engineer informed th Council regarding the sewer plant that the City is ready to go to bid in approximately two weeks. I COUNCILnl Motion Ayes xx 1. 0 September 21 , CITY 1971 OF CARLSBAD -4- I88 COUNCILIU \j Engineering. (cont.) 7. Other Engineering Matters. (cont.) [97] Agenria Bill '#528. (Supplement #l) Contract #1007. - Construction of Street Improvements on Chestnut Avenue (Between Jefferson St. & Harding St.) - Section 1 - Resurfacing of Various Streets - Section 11. The City-Engineer stated bids were opened for Contract #lo07 at 1.O:OO A.M. on September 21, 1971 with four bids received. He stated the low bid was submitted by Sully-Miller Contracting Company and recommended that the contract be 'awarded to this firm. It was the decision of the Council that Contract #lo07 be awarded to Sully-Miller Contracting Company, 555 Airport Road, P. 0. Box 1310, Ocean- side, California, in the amount of $33,484.56, and the Mayor and City Clerk were authorized to xx Ayes execute the contract on behalf of the City. Motion B. Planning. [113] 1. Agenda Bill #539. Tentative Map for H. B. Development Unit #l , Tract #71-2. Developer: Sequoia Pacific. Following discussion, Resolution #1892 was offer- ed for ado.ption. Resolution No. 1892. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TRACT #71-2, was adopted by title only and fur- xx Ayes ther reading waived. X Motion TENTATIVE MAP OF H. B:. DEVELOPMENT, UNIT #l, [113] 2. Agenda Bill #540. Tentative Map for Richie I Glen Subdivision, Carlsbad Tract #71-3. Appli- cant: Bee Cee Company. Following discussion, Reso.lution #.I903 was offer- ed for adoption. Resolution No. 1903. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP OF RICHIE GLEN SUBDIVISION. TRACT I4otion #71-3, 'was adopted by title only and further Ayes xx reading waived. [1131 3. Agenda Bill #522. Report from Planning Commission on request for zone'change and Speci- fic Plan. Applicant: Charles Thompson. Following review of .the Planning Commission's report, the following Resolution was offered for adoption: Resolution No. 1890. A. RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF CARLSBAD REVERSING THE A CHANGE OF ZONE AND ADOPTION OF SPECIFIC PLAN Motion CARLSBAD FROM R-3 TO RD-M (Residential Density- Floes ) Mu1 tiple), was adopted by title only and further 0 DECISION OF THE PLANNING COMMISSION AND DENYING. ON CERTAIN DESIGNATED PROPERTY 1r.I THE CITY OF x Ayes reading waived. \ I 1 I I 1 ( CITY OF -5- CARLSBAD COUNCILR . 0 0. B. Planning. 4. Agenda Bill 8523. Report from Planning Commission on request for zone change and Specific Plan. Applicant: Donald MacDonald Following review of the Planning Commission' report, the following Resolution was offered for adoption: Resolution No. 1891. A RESOLUTION OF THE ING THE DECISION OF THE PLANNING COMMISSION i I CITY COUNCIL OF THE CITY OF CARLSEAD REVERS- j AND DENYING A CHANGE OF ZONE AND ADOPTION OF SPECIFIC PLAN ON CERTAIN DESIGNATED PROPERTY , IN THE CITY OF CARLSBAD FROM R-3 TO RD-M Motion . (Residential Density-Multiple), was adopted x Ayes by title only and further reading waived. Noes X~ m31 5. Agenda Bill n"524, Report from Planning .Commission on request for zone change and Specific Plan. Applicant: Robert L. Means. Acknowledgment was given the Planning Commission's Report and the Mayor announced that although this was not a Public Hearing, a request was submitted stating that those in opposition to this zone change and specif c plan would 1 i ke to be 'heard, and announced . further that the Council would hear from anyone, for or against this zone change. Mr. Thomas McMahon, 3551. High1 and Drive stated he was representing the Carlsbad Rural Association and stated a petition containing the signatures of 863 persons had been submitted to the City Clerk's Offici? in addition to the petition submitted prior to the Council meeting of September 7, 1971 containing 62 signatures and further, Mr. ~Mcr,lahon stated these people. are in opposition to capricious zoning and consjder this chang of zone capricious zoning. He'offered the following alternatives for Council's .conside ation. 1) Council reverse their decision and deny the Planned Community Development. 2) Reopen the Public Hearin? ir: Fairne'ss -k to at 1 'c.oncerncu. 3) Allow a continuance in this matter in order to allow 'the attorney for the opponent; to study this matter. Those offering other comments were: Mr. John Mamaux, 1393 Basswocd, with reference to his opposition of statments made in the flier distributed by the' Rural Association, Mr. Doug Deason, 3750 Yvette Way, commenting oh Mr. Means' right to appear bef0r.e the Council for a request and Nr. Norman Vetter, . 2667 Ocean St., representing the developer and stating that no statements presented at this meeting reflected any merits or derneri ts. Dr. Ronald Hayen, 3400 'l4oodland Way, stated he was in favor of this development. m CITY OF CARLSBAD COUNCILrv -6- 6. P1annir.g. matter. , Status Report. 7. Other Planning Matters. There were no . other Planning Matters. C. Parks and Recreation. L-701 I. Agenda Bill 8541. Request for budget change to purchase adding machine. Authorization was given the Parks and ‘Recrea tion Department for the purchase of an addin machine. ’ XX c701 2. Parks and Recreation Status Report. Acknowledgment was given the Parks and Re- creation Department Status Report. D. Purchasi ng: c8ql 1. Agenda Bill #542. Request from Purchas- ing Agent to purchase tires through State Office of Procurement. Resolution No. 1904. A RESOLUTION OF THE. CITY courox OF THE CITY OF CARLSBAD AUTHORI- ZING THE DEPARTMENT OF GENERAL SERVICES OF -THE STATE’. OF CALIFORNIA TO ‘PURCHASE CERTAIN ITEMS, was adopted by title only and further chase of Police Vehicles. 2. Agenda Bill R543. Bid proposal for pur- xx Ayes reading waived. Flotion The City Manager stated that only one bid was received and it was the decision of the staff not to readvertise in order to avoid the cost of a major overhaul on the present Police vehicles. It was the recommendation of the staff that Weseloh Chevrolet be awarded the bid. The City ‘Manager stated their bid was in the amount of $13,206.48 including tax for four (4) units; less $1000.00 each for four of the.present cars as trade-in. The City Council agreed that Weseloh Chevro- let be awarded the bid for the purchase of four (4) Police units in the amount of $13,206.48 including tax, less $1000.00 each Motion X for four (4) of the present cars as trade-inl Ayes xx: I341 ” I) I. CITY OF CARLSBAD -7- . September 21, 1971 COUNCILR, I91 y# zoc 3. Agenda 'Bill #546. Bid proposal for bid of Library She1 ving. It was recommended'by the staff that.thc low bid submitted by Builder's Specialty in the amount of $10,040.00 for Library Shelving be awarded. . E. Public Works Department. F. .City Attorney's Report. Session. EXECUTIVE SESSION: I i at 10:32 P.M. negotiation. Also discussed and agreed upon was a settlement in the amount of $42,000 for the reservoir site and easements on the Sheffler property involved with the Ellery Reservoir Site The Mayor stated this figure was within the appraisal figure submitted by the appraiser hire were zoning violations and the City Attorney is working on them in connection. with the present ordinance. G. City Manager's Report. 1. Agenda Bill 8545. Repbrt on La Costa Annexation Study. The. City Council acknowledged the report on the La Costa Annexation submitted by the City Manager. It was the decision of the Council that this matter be continued to the next regular meeting in order to allow the Council an opportunity to review the preliminary report for the possible inhabite annexation of La Costa and the City Manager was instructed to contact the representative at La Costa to inform ,him of Council action. .. I, 0 _I 9 CITY OF " 8 CARLSBAD September 27, 1971 ~ 8- ORDINANCES FOR ADOPTION. [25] (a) Agenda Bill. R525. Ordinance No. 1138, ex- I I cluding territory from city of Carlsbad (North I ~ Carlsbad Detachment No. 1 .l). I I ~ Ordinance No. li38. AN ORDINANCE OF THE CITY OF ~ CARLSBAD EXCLUDING TERRITORY AT OCEANSIDE-CARLSE 1. BOUNDARY PER GOVERNNENT CODE 35561.4 (North Carlsbad Detachment No. 1 .l), was given a seconc reading by title only and adopted. [251 (b) Agenda Bill #526. Ordinance No. 1139, appy ing annexation t0 the City of Carlsbad certain Property known as "North Carl sbad Annexation . No. 1 .l). 9- Ordinan CARLSBA CARLSBA CARLSEA read i ng - C D D D e No APP OF ANN by t . 1139. AN ROV I MG ANNE CERTAIN PRO EXATION NO. itle only a ORD XATI PERT 1.1 nd a INANCE ON TO Y DES1 , was dopted OF THE GNAT give THE CITY OF CITY OF ED "NORTH n a second CONSENT CALENDAR: A. Correspondence - Advisory - None. B. Correspondence - Referral - ,None. C. Proclamations - Agenda Bill #547. The following proclamations were read in ful C80l 1. Proclamation declaring Disabled Americar Veteran's Forget-me-not. Day - Oct. 22-25,. 15 2. Proclamation :declaring the evening of Oct. 6th, 1971 as "School Night for Boy Scou 3. Proclamation declaring Oct. 3rd as "Soroptimist Day". D. Claim for Damages. Agenda Bill 8548. r-411 1. Claim for damages sustained by Lawrence L. Crawford. It was agreed that the claim for damages sub mitted by Lawrence L. Crawford be rejected and referred to the City's insurance carrier E. Resolutions for Adoption. Agenda Bill 8549. .. E321 Resolution No. 1905. A CITY COUNCIL OF THE CIT ZING CITY PERSONNEL TO- SAN DIEGO GAS AND ELECT RATE INCREASE BEFORE TH COMMISSION, was adopted further reading waived. R Y A R E ESOL OF PPEA IC 'C PUB by t UTION OF CARLSBAD R AND OPP ORPANY PR LIC UTILI itle only THE AUTHOR1 OSE A OPOSED TIES and L-621 Resolution No. 1907. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR.LSBAD OPPOSIU PROPOSED REDISTRICTING OF THE 80Tl-l ASSEMELY DISTRICT,' was adopted by title only and fur- ther reading waived. 3 c COUNCIL^ .. 0 - e CITY OF -9- CARLSBAD 7 September 21, 1971 10; CONTINUED BUSINESS: [73] (a) Agenda ,Si11 n“533. Proposed above-ground Encroachment Fee Schedule. Upon the request of the City Engineer, it was agreed by the Council that this matter be deferr ed for further study. 11- CURRENT BUSINESS: [73]. (a) Agenda Bill #551. Tequest for Special Per- mit for Skeet Shooting Range. - Applicant: Jay F. Hoffman. ’ Mr. Jay Hoffman, 4901 El Camino Real, Carlsbad requested permission to be heard by the Council and explained that the skeet range would be used solely for the recreational purposes of himself and a few friends. He also stated that he has relocated the skeet range to eliminate disturb- ing any of the residents on Kelly Drive. After consideration of this matter, it was the decision of the Council that this request be approved with certain restrictions and limita- tions and the staff was instructed to prepare an agreement to be presentee! at the next rPnrl!;rr meeting containing certain conditions as discussed by Council. Further, it was re- quested that Mr. Hoffman submit a letter defin- ing the location of the skeet range. .. I861 (b) Agen’da Bill #552. Request to conduct cir- cus in Plaza Camino Real. Mr. Bob Hardin, 2956 Roosevelt St. Carlsbad, stated this request was made by Local Firefighte Union #85 and that the circus was being sponsore for Muscular Dystraphy. It was agreed that the matter be .continued and the staff was instructed to include their re- commendations, on’the Agenda Bill prior ta this matter being considered by the Council. E701 (c) Agenda Bill 8550. Letter from W.W. Rogers re: Disposition of Lake Calavera. Acknowledgment was given the letter from Mr. W.W. Rogers. The City Manager informed the Council that a rough draft of in Agreement be- tween the City and the County of San 3iego in regard to the leasing of the Lake Calavera area by the County would be considered at the next meeting of the Parks and Recreation Commission. It was agreed that all alternatives should be explored in depth. 7 I COUNCILR/ , ’S I 0. CITY OF CARLSBAD -10- - . [67] (a) I.1unicipal Code Book. The City Clerk inform ed the Council that copies of the Plunicipal Code were mailed from Seattle on September15thand shou be available shortly. She stated the actual cost to the City per book is $68.00 excluding shipping charges and recommended that a fee be established for individuals wishing to purchase a Code Book. It was her recommendation that the fee be set at $75.00 per Code Book to individual and that supplements be billed separately. She further stated that a Code Book would be avail- able in the City Library, the County Library and the State Library. 1 , It was agreed by the Council that a fee of $75.00 be charged private individuals for the purchase of a Municipal Code, as recommended by . the City Clerk. 1 701 (b) Parks and Recreation Office. Discussion was .held regarding an exterior paint job on the Parks and Recreation building located on the Greenwood Property. The City Manager stated he would obtain an estimate. Discussion was also held on the tree located on the Greenwood Proper ty and the City Engineer stated that the State is suppose to build a concrete retaining wall to support the tree. I 12- RATIFICATION OF BILLS AND PAYROLL: I Ratification. was giv-en for payment of bills for the General Fund in 'the amount of $58',448.51 and the Water Department of $712,243.92 for the period September 1, 1971 thru September 15, 1971 as certified by the Director of Finance and approved by the Auditing Committee. 13- Ratification was given for the payment of the payroll for $52,578.21 for th.e period September I, 1971 thru September 15, 1971, as certified by the Director of Finance and approved by the Auditing Committee. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:ll A.M. I w3 Respectfully submitted, dF@& '- MARG, ET E. ADAMS, City C1 erk COUNCf Lli Mot i on Ayes xx Mo ti on Ayes xx