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HomeMy WebLinkAbout1971-10-05; City Council; Minutes~- - .I -. e I I " 0 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of !.leeting: October 5, 1971 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- 2- 3- 4- - 5- C351 c781 C7oJ k51 C341 C281 . ROLL CALL: INVOCATION was offered by Vice Mayor McComas. PLEDGE OF ALLEG.IANCE: . APPROVAL OF MINUTES: I (a) Minutes of the regular meeting df Septem- ber 21, 1971 were approved as presented. COUNCIL COXMITTEE REPORTS: - (a) Agenda Bill 8464. City Attorney's con- tract. Councilman Jardine reported that the City Attorney is preparing a Resolution for schedule of fees for 1911 Acts for the next Council meeting. Councilman Jardine requested that a meeting be held with the City Attorney, Councilman McComas and himself prior to the next Counci 1 meeting. (b) Agenda Bill 8494. Nuisance-Ordinance. Councilman Castro reported'that the committee was unable to meet prior to the Council meeting and therefore, had nothing further to report at this time. (c) Agenda Bill 77497. Boating Regulations.. Councilman Lewis stated the Coast Guard has been contacted and Will be sending a representa tive to discuss boating regulations with the committee.. (d) Agenda Eill 8461. {Supplement #l) Trash Service. Councilman Jardine requested that the City Manager and the staff consider the element of Hardship and that this question be prepared for consideration by the Refuse Committee. Further, Counci.lman Jardine requested the matter be deferred until such time as he and Councilman Lewis have had an opportunity to review the Agreement between the City and the Contractor for Trash Service. It was agreed by the Council that the matter be deferred until the next regular meeting. (e) Chamber of Commerce. Councilman Castro stated he had audited 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 $1,399.32 be ratified at this * time, and this amount be reimbursed the Chamber . (f) Mayor's Youth Committee. Councilman Lewis reported that the first meeting follow- ing summer vacation was held by the Mayor's Youth Committee and they will .be electing . officers at the next meeting. *. ! ! COUNCILMI Present X Absent X L Mot i on Ayes X Absent X ~ I ~ ~ 5 Motion ~ Ayes X 1 Absent X 1. I , ! I 3. CITY . OF -,-CARLSDAD ,. i 0 October 5, 1971 i 0 ~~~ ~~ ~ 6- HOUSING AUTHORITY: . [lo51 The Council adjourned to the Housing Authority at 7:23 P.H. and reconyened to the Council Meet ing at 7:30 P.M. with all Councilmen present. 7- PUBLIC HEARINGS: 7 The Hour of 7:30 P.M. having arrived, Vice . Mayor McComas declared the Public Hearing open. [113] (a) Agenda Bill 6553. To consider an appeal of the decision of the Planninq Commission in I denying the request for a chanae of zone from R-P to C-M (Commercial Industrial) on property - lying on the westerly side of Roosevelt St., . south of Laguna Drive and north of Beech Ave.- Appellant: Frances M. Peachey Reese. The Deputy Clerk presented the Affadavit of Publication and announced that a letter had been received addressed .to the City Council fro1 Rollie 0. Gerdes, 2471 Buena Vista Circle, in opposition to the proposed change. The Council acknowledged the Planning Departmen Staff Report and questions were asked of the Planning Director relative to this'change of zone request. The Vice Nayor stated the Council would like. to hear from anyone wishing to-spea.k in favor or in opposition to this request. Those speaking in favor were: Mr. Nick Sauer, 2965 Roosevel t, Attorney representing the following clients who are property owners in the area: Euston, Everette, Trejo, Aten, klazloum, Anderson and Rees'e. Also speaking in favor were: Mr. Andy Borden, owner of Andy's Cabinet Shop and of the adjacent property and Mr. Harry Truax, representing-E. Brian Smith Engineering, located in the same block. Attorne Sauer presented photographs repr-esenting every lot between Laguna and Beech St. on the \Jest side of Roosevelt to the Council. Each of those speaking in favor of this proposed change state the change of zone was necessary to deuelopment since the lots are split between two different zones'. As there was no one who wished'to speak in was closed at S:08 P.M. . opposition to this request, the Public Hearing Following lengthy discussion by the Council an as agreed to by all parties concerned, this matter was continued to the Council Meeting which will be held on iiovember 2, 1971 and the staff was instructed to meet with Mr. Sauer and his clients to discuss possible alternativ 1 It'was agreed by the Council that this matter be continued to November 2, 1971, as requested by Attorney Sauer. COUNCILME 03(-+ c 077 %@ 'I 9 5 \/) mgz 1 Y d ~ j i' ~ Motion Ayes X Absent X .. .. CITY OF CARLSBAD -3-. COUNCILMI Q4;' \\k ".'.Y m z 5 October 5, 1971 E,, Y 8- DEPARTMENTAL REPORTS: A. Engineering-. E971 1. Agenda Bill $386. Supplement 81. - (continued) Improvement of Buena Vista Ave. - Citizen's Participation. - " The City Engineer requested that this matte- be continued to the next regular meeting and stated that the property owner in ques- tion has agreed to pursue the voluntary payment of curb and gutter. It was agreed t4otion by the Council that this matter be continue? Ayes X Absent to the next regular meeting. X E331 . 2. Other Engineering Matters. Population Sign. - The City Engineer stated the Counci had requested that the population sign be changed to include the latest population estimate. He stated he received a letter dated September 16, 1971 from the State Division of Highways indicating that the sign would be changed in approximately 60 to 90 days. B. Planning. E991 1. Agenda Bill -8524. (continued) Report from Planning Cornrniss.ion on request for chanqe of zone and Specific Plan. - Appell-b The Vic.e-Mayor announc'ed that this matter was continued from the last Coun-cil meeting. Mr. Thomas Mcflahon, speaker for the Carlsbaj Rural Association (to be soon known as the Carlsbad League of Voters) introduced Mr. Allan M. Carson, Attorney at Law, 819 Camino Del Mar, Del Mar, Calif.. Mr. Carson spoke before the Council on behalf of his clients against. the project on the grounds that it was not a necessary change of zone and it was spot zohing. Following lengthy discussion of this matter, the Council gave their individual reasons for approving or disapproving the proposed the following Resolution and Ordinances were offered for adoption: Resolution No. 1900. A RESOLUTION 'OF THE' CITY OF CARLSBAD GRANTING APPEAL OF THE DECISION OF THE PLANNING COMt.IISSIOFI REGARD- * ant: Robert L:Means. . project, as requested by Mr. McYahon and ING CHANGE OF ZONE FRO!.! R-l-10,OOO TO P-C (Planned Community) ZONE, AND SPECIFIC PLAfl, OF HIGHLAND DRIVE AND HAGNOLIA AVENUE, was Ayes X Absent waived. Noes read by title only and further reading X a ON PROPERTY LOCATED ON THE SOUTHEAST CORNE? Motion .. CITY OF CARLSBAD -4- .. 0 October 5, 1971 I 13- DEPARTi4EflTAL REPORTS: (cont.} B. Planning (cont.) ABfi524. The appeal was grahted based on the follow- ing reasons: 1). The proposed project will offer more open space and landscaping techniques. 2) It will guarantee physical maintenance 'and upkeep of the buildings and propert 3) Configuration of the project will in- sure a control of the population densit 4) Population density will be 'less. Ordinance No. 9281.. AN ORDINANCE OF .THE CITY COUI4CIL ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF HIGHLAND DRIVE AND MAGNOLIA AVENUE, was given a first reading by title only and further reading waived. Ordinance No. 9282. ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMEND- ING ORDINANCE NO. 9060 *CHANGING CERTAIN DESIGNATED PROPERTY LOCATED ON THE SOUTH- EAST CORfiER OF HIGHLAND DRIVE AI4D F.1AGNOLIA AVENUE FROM R-1-10,000 AND R-1-7500 TO P-C -~ (Planned Community) ZONE, was given a first read3ng by title only and further reading waived. 2, Agenda Bill 8554. CIC recommendation for a committee /commission relations group to be appointed by th'e City Council C281 The City Planner explained the reason for this recommendation. After some discussior by the Council, it was felt that more in- formation was necessary before taking any action. The Planning staff was instructed to prepare a report outlining the scope of interest and objectives of a committee/ commission relations group for the next Counci 1 Meeting. 9- . CONSENT CALENDAR: A. Correspondence - Advisory - There-was no advisory correspondence:- B. . Correspondence - Referral - The Council E551 acknowledged and referred the following letter to the Trash Committee: Letter from Cof . Soutl well. Also acknowledged and referred to the ~351 City Attorney was a letter from Mr.. Philli Stanbro re: beach sand. (Agenda Bill if556. P C801 C. Proclamation. The foi-1-ow'ing proclamation was read in f.ul1: I. Proclamation declaring the week of October 18th thru October 23rd, 1971 as "National Bysiness Women's Week". I I .e '* *a a ) 1 I t h- COUNCILM 3% 4;\ i c& \\k mg , Motion Ayes X Absent Noes X Mo ti on Ayes X Noes Absent X I i .. I. , ,. CITY OF -5- CARLSBAD 0 October 5, 1971 e 10- CONTINUED.’BUSINESS: I C731 (a) Agenda Bill 8533. Proposed above-ground Encroachment Fee Schedule. I The City Engineer requested this matter be deferred until study has been completed by his staff. The City Manager stated there is a possible alternative that the Council might consider. He stated that it may be the wish of the Council to-allow the Building Department to issue above ground encroachment permits of a minor nature that are in conformance with the Uniform Building Code. The City Manager stated the staff would prepare two amending ordinances - 1) revising the fee schedule for above-ground encroachments, and 2) providing for exception and allowing the Building Department to issue permits for minor encroachments, for the next regular meeting. He.stated after reviewing these amendments, the Council could better determine which of the two amendments would be more desirable. ! The Council agreed that the matter be deferred to the next Council meeting.. I c251 (b) Agenda Bill f545. Annexation of La Costa. Discussion was held by the Council on the annexation of La Costa and the preliminary re- port compiled by the City Manager. Mr. VI. Allen Kelly, 3455 Spanish Way, Carlsbad addressed the Council and stated he had review- ed the preliminary report. He expressed genera opposition to the proposed annexation based on questions relative to pol ice, fire, ambulance and library services. The City Manager answer- ed a number of the questions for Mr. Kelly. Vice Mayor McComas requested a list of the ques tions posed by Mr. Kel Iy in order. that all the questions may be answered. ,E731 (c) Agenda Bill #55l. Request for Special . Permit for Skeet Shooting Range - Applicant: Jay F. Hoffman. - 4907 El Camino Real. The City Attorney stated that the Chief of Police has no objection to this request being approved and offered the following Resolution for adoption: Resolution No. 1909. A RESOLUTION OF THE CITY PERMIT FOR USE OF FIRE ARIdS. was adopted by ‘COUriCIL OF THE CITY OF CARLSBAD ISSUItiG SPECIAL title only and further areading waived. - I I . “. COUNCILM I - I Motion Ayes X Absent. X .. .. October a"- c701 . * C381 12- .. 13- 7 CITY OF-6- CARLSDAD -. 't I 5, 1971 ;I . * ... ~~- ~~ I ADDITIOMAL BUSINESS: (a) Estimate from Parks and Recreation Depart- ment for Pai!ltinc of Parks f:?adouat.ters. - The City i4anager reported tilat the Farks and Recrea tion Director had obtained an estimate in the amount of $355.00 to paint the Parks and Recrea- tion Department Headquarters located on the Greenwood property. It was agreed by the Council that the Purchas- ing Agent be instructed to obtain three cornpeti tive bids for painting the Parks Headquarters. (b) City Nanaaer's ExDense ReDort. The Expens Report from the League of California Cities' Convention in San Francisco was acknowledged and it was agreed that this report be accepted as submitted. EXECUTIVE SESSION: e Vice 19ayor LlcConas called for an Executive Session at 9:42 P.M. for the purpose of dis- cussing possible litigation, The Council reconvened at 10:30 P.!l. and Vice Wayor I4cConas announced that possi bl e 1 i tiga- tion was discussed on a specific-case and no decision had been made at that t-lme. He furthe announced that he, the City Attorney and the City i-lanager were instructed to make certain overtures to the other. party. .. . RATI~ICATIOII OF eIiLs AIID PAYROLL: Ratification was given for the payment of bills for the General Fund in the amount of $50,786.3 and the b!aier Department of. $38,535.24 for the period September 16, 1971 thru September 30, 1971% as certified by the Director of Finance and a'pproved by the Auditing- Committee. Ratification was given for the payment of the payroll for $55,594.45 for the period September 16¶ 1971 thru September 30, 1971, as certified by the Director of Finance and approved by the Audi ti ng Conmi ttee. " ADJOUR~IiIENT: ' .. By proper motion, the meeting. was adjourned at 10~31 P.H. I Respectfully submitted, -6 /&- HORA K.- GARD I IIER Dep.uty City Clerk *. . * a. ,. .*. .. -. . -. COUNCII,I\tI. f4otion Ayes X Absent X 1-10 ti on Ayes X Absent X Islo t i on Ayes x Absent X .. . ..