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HomeMy WebLinkAbout1971-10-19; City Council; Minutesi , e e &+”- ;..+.”- ’ :;L” : L- ..+“ j ?l’ &/”uL”.*” fl . :, ,; -7 -;c LC J -.> _., 0 CITY OF CARLSBAD COUNCltME Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: October 19, 1971 Time- of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL : 2- INVOCATION was ,offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE: 4- APPROVAL OF MINUTES: ,- (a) Minutes of the regular meeting of October 5, 1971 were approved as presented. 5- COUNCIL COMMITTEE REPORTS: 1551 (a) Agenda Bill #461. Trash Service - Council- man Jardine reported on the status of the Re- fuse Collection Agreement and reviewed particu- lar changes agreed upon by the Contractor and the Refuse Committee. He stated it was the . unanimous recommendation of the Refuse Commit- -tee that the Revised Agreement dated October 1, 1971 be accepted. Following discussion of this agreement by the Council, the Agreement between McDougal Sanita- tion and the City of Carlsbad for refuse collec tion was approved subject to the following change being made on Page 5, Item’20: The City Attorney was instructed to fill in an amount for the Security Bond, which amount should be equal to three (3) months billing for commer- cial accounts. The following Resolution was offered for adop- tion: Resolution No.. 1908. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD SETTING REFUSE COLLECTION REQUIREMENTS, was read by title only and adopted.. [35] (b) Agen.da Bill #464. City Attorney’s contract Councilman Jardine reported that the committee reviewing the contract, consisting of Counci‘l- man McComas and himself, was unable to meet with Mr. Moe on this matter prior to this Coun- cil meeting. He stated a meeting will be held prior to the next Council meeting and a report made at that time. (c) Agenda Bill #494. Nuisance Ordinance - [J81 Councilman Castro stated the committee studying the nuisance ordinance was unable to meet but ~ does haves definite schedule now. He stated they will have a meeting the 21st which would be opened to the public in the hopes it will assist the committee by obtaining views of the public and the problems they encounter. He further stated he met a number of people at the League Convention in San Francisco whose cities have the same type of problem and he was prom- ised information from them that may shed more light on the matter. [701 (d) Agenda Bill #497. Boating Regulations - Councilman Lewis reported that a meetinq has been scheduled with’ the committee studying boat re ulations and will be attended by the Ci in! y A 9. torney, Mr. Cochran and the Litchfield Brothers as well as himself in the hope that a representative from the Coast Guard will be 1 available to make a presentation. i I ., Motion Ayes xx Motion Ayes x- x CITY OF CARLSBAD COUNCILMi -2- - 0 \!!f 0 9 [\ 1;. zoo, flq October 19, 1971 u d %"> CITY OF CARLSBAD COUNCILMi -2- - 0 \!!f 0 9 [\ 1;. zoo, flq October 19, 1971 u d %"> - e 5- E281 c691 E681 C681 6- ~1141 COUNCIL COMMITTEE REPORTS (cont.) CBDAC Meeting. . Councilman McComas reported that a meeting of the CBDAC was held on the 14th of October at which time the commission adopted a motion urging the City to proceed with the planning of a parking lot in the down- town area similar to the parking lot already located in the downtown area which holdsapproxi mately 29 cars. It was Councilman McComas' recommendation that the Council adopt a motion instructing the staff to proceed with these plans. It was agreed by the Council that the staff be directed to proceed with the planning of a parking lot in the downtown area along the line of the parkingcct KG;; cx;rfstfng fn thz Giw without delay. plan submitted -by the CBDAC Parks and Recreation Commission Meeting. Councilman Lewis reported that the Parks and Recreation Commission adjourned their regular meeting due to a lack of a quorum and there- fore he had nothing to report at this time. League of California Cities Convention - Mayor Dunne reported his attendance at the League Convention in San Francisco and stated his report which had been sub.mitted to the Council ou-tlined some very worthwhile information. He suggested that the City Manager obtain a copy as the report contained a number of ideas on cost cuttin-g. .. . C.P.O. Meeting. Mayor Dunne gave a brief re- port on a meeting of the C.P.0: he attended which was held in San Diego recently. PUBLIC HEARINGS: The Hour of 72'30 P.M. having arrived, the Mayor declared the Public Hearing open. (a) Agenda Bill #557. To consider an appeal of the decision of the Planning Commission I in denying a request for a change of zone and adoption of specific pJan on property located on the Southeast Quandrant 0.f Interstate #5 and Las Flores Drive and a Conditional Use Permit. Applicant: Hall, Griswald and Nilsen. The City Clerk presented the Affadavit of Pub- lication and announced that.correspondence had been received from the following: (a) Letter from residents in the area with a petition containing the signatures of 245 pro- perty owners, in opposition. (b) Letter from Mr. and Mrs. Jack Hagler, 1310 Chuparosa, Carlsbad, in opposition. The Mayor announced the Council would 1 i ke to hear from anyone who wished to speak in favor or in opposition to the proposed ' development. I I. Motion Ayes I I i ~ CITY OF CARLSBAD COUNCILM -3- .. y% Y zo 5 9 [a :-i, rn 3 , i LS rl L \$$ October 19, 1971 - 6- PUBLIC HEARINGS (cont.) - AB#557 (cont.) Mr. Normar! Vetter, Attorney at Law, representinc the developers of the proposed project, intro- duced the.fo1lowing representatives of the pro- ject,.speaking in its favor. 1) Mr. Donald J. Smith, Developer Consultant - 2) Mr. Bradford Hal 1 , speaking on behalf of his .brother, Brooks Hall , pr0pert.y owner 3) Mr. Bruce Holenbeck, Investor, 4) Mr. Gerald Carlat, Registered Professional Civil Engineer and Project Manager of VTN Engineering. 5) Mr. William Fergerson of Arc0 Oil Company and 6) Mr. T.R. Crone, Superintendent of Arco- . -Atlantic Richfield. Also Mr. Harry Prigg who presented a slide photo and projected that por- tion of 1-5 which would be affected by the pro- posed development and stating the development would not be detrimental to traffic on the free way. - The general arguments in favor of the development were: a) .It.would increase the property tax b) It would increase.the sales tax revenue c) It would create from 35 to 45 new jobs; and d) The development aesthetically would be an asset to the community. Those speaking in opposition to the proposed development were: 1) Mr. Ralph Walton, 2395 Olive Drive 2) Mr. Jan Snyder, 1318 Chu’parosa Way. 3) Mr. D. J. Bringhurst, 1414 Buena Vista Way 4) Nrs. Jack Hagler, 1310 Chuparosa Way 5) Mrs. Roy Fel kner, 1345 Buena i?ista Way 6). Charles Spencer, 1270 Yourell 7) Mr. Doug Oldershaw, 1265 Yourell , and 8) Mr. Thomas f.lcl”.ahon, 3551 Highland Drive,- voicing their objections for the following reasons: a) The increased noise that would generate from such an operation b) ,The develop went would devalue the surrounding residential property c) Additional traffic to and from the complex would create a traffic haz.ard for child ren going to and from Buena Vista School and d) The Las Flores interchange along with Las Flores Drive were not constructed to accornmodat the projected traffic normally associated with freeway-oriented facilifties. A brief rebuttal was presented by the proponent and the Mayor declared the Public Hearing close at 9:27 P.;.l. as there was no one else who desir to be heard. Following a brief recess declared at 9:30 P.M., the meeting reconvened at 9:40 P.M. Considera discussion was held by the Council regarding the matter and the following Resolution was presented: Resolution No. 1914. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSEAD DENYING APPEAL OF DECISION OF PLANNING CO!4MISSION REGARDING A CHANGE OF ZONE FROi4 R-1-7500 TO C-2 (General Commercial) AND ADOPTION OF SPECIFIC PLAN ON PROPERTY LOCATED ON THE SOUTHEAST OUADRANT OF INTERSTATE #5 AND LAS FLORES DRIVE AND A’CONDI- xx TIONAL USE PERMIT, was adopted, by title ‘only and further-reading waived. . “. CITY OF CARLSBAD -4- * Octoier 19, 1971 COUNClLh *Q LO h. ' \! 371 PUBLIC HEARINGS (cont.) AB#557 (cont.) The reasons giv,en for the denial were: .- 1.) It was'evident from the protests registered that the residents wished- to have the area re- main residential. 2) The development would create additional noise; and 3) Due to the proximity of the Buena Vista School; it would cause a traffic hazard for the children attending school. b) Agenda Bill $538. Request for Vacation of Lot "E" (Alder Ave.) Carlsbad Manor -. Richar b - E. Geyer. The City Clerk presented Affadavit Of publica- tion and announced that the following corres- pondence had been received: Letter of October 18, 1971, from Mr. and Mrs. Ed Prout opposing vacation; A petition letter, dated October 15, 1971, in favor of vacation, signed by Mr. and Mrs. Dona1 A. Briggs, Mr. and Mrs. W.C. GOSS, Thomas D. Wilson, Charmion B. McMillian, Donald BriggsySr Glenda Hasselo and Leopoldo Moldano. The City Engineer briefly reviewed the back- ground of subject property, .and the Mayor inquired - if there was anyone who wished to. speak in favor or in opposition to the proposed vacation of. Lot "E". As there was no one present who wished to speak in favor of said vacation, the following person spoke in opp.osition: Dr. Ron Packard, adjacent property owner stating the Packard property -would be landlocke if the property is vacated. Also speaking in opposition was Mr. Thompson, onn,er of property located behind the \lard property'.' Mrs. Richard inquired if the letter which was sent to the Council from, her was received and the Council acknowledged her letter. Since there was no one else who-wished to be heard, the Nayor declared the Public Hearing 'closed at 1O:ZO P.14. Prior to lengthy discussion by the Council re- garding this matter, Councilman YcComas announc ed that he would have to abstain from all dis- cussion due to personal reasons. Following discussion, it was agreed by the Council that this matter be deferred until the next regular meeting a'nd the Mayor announced that the Public Hearing would be reopened at that time. Further the City Engineer was in- structed to present copies of a preliminary circulation pattern and all other background information pertinent to this matter for the next meeting. 1 i i I40 t i on Ayes Abstain 0 - e October I 7- cw c301 . c 3 5.1 c991 CITY OF -5- CARLSBAD 9 fj L2, 19, 1971 DEPARTMENTAL REPORTS: I A. Building. c I 1. Agenda Bill #558.. Ordinance adopting the Uniform Plumbing Code - 1970 Edition. I Ordinance No. 8057 was read by title only for adoption.by reference of the 1970 Edi- tion of the Uniform Plumbing Code. Since this matter requires a Public Hearing and publication of said hearing must appear. twice in the Carlsbad Journal, the hearing was set for November 16, 1971. 2. Agenda Bill #559. Ordinance adopting the Uniform Buildins Code, Vol. 111, re- 1 garding Housing and"providing penalties for violation thereof. I Ordinance No. 8058,was read by title only for adoption by refe.rence of the 1970 Edi- tion of'the Uniform Building Code, Vol. I11 regarding Housing and providing penalties for violation thereof. Since this matter requires a Public Hearing and publication of said hearing must appear twice in the Carlsbad Journal 3 the hearing was set for November 16, 1971. B. City Attorney. 1. Agenda. Bill #560. Letter from Philip Stanbro. re: beach sand. The 'City Attorney reported that he is still researching the matter of the removal of. beach sand by the Army-Navy Academy from their own property and stated he felt more - research should be done onsthis matter. The City Attorney was instructed to researc1 the matter further and to contact Mr. Stan- bro by mail and indicate his'findings. .. C. Engineering. 'I 1. Agenda Bill #561 .$- Parcel Spl it #150- Winslow Pacific - dedication of Avenida Enci nas. I Mr. Harry Truax, representing E. Brian Smith Engineering and Winslow-Pacific re- quested to be heard by the Council regard- ing certain conditions recommended by the Engin.eering staff. He stated they were in agreement on all conditions with the ex- ception o'f Items ''a'' and ''e''. Discussion was held by the Council and corrections to Item "a" and "e" were made as follows: COUNCILMI ,, CITY OF - CARLSBAD COUNCILM€ -6- Item ''a'' as. corrected: "That full sub- The developer shall enter into a future street improvement agreement.for the improvtr- ment of the Easterly 32 feet of Avenida Encinas, between the entrance to Parcel #1 and the Southerly boundary of Parcel Split #150. The City shall install the remaining paving, curb and gutter and perform grading for the westerly portion of the roadway at such time as the City deems necessary." Item "e" as csrrected: "That the developer adjust the existing underground telephone cables as necessary to permit construction of ultimate Avenida Encinas across the de- veloper's property or enter into a fu3ure agreement. It was agreed by the Council that Parcel Split #150 be approved, subject to conditiors "b" thru !id" and "f" and ''a" and "e" as Motion X corretted and contained in"Agenda Bill #561 Ayes xx c741 2. Agenda Bill #562. Request for Additiona- Personnel. The City Engineer explained that this posi- tion became vacant when one of the employee: was suddenly hospitalized and it is not known at this time when the employee will be able to return to work. The City Manager stated that the requested action by the Council would only authorize the Personnel Director to proceed with the recruiting and examination of.prospective employees to fill the pos+tion as the vacan-. cy does leave the Engineering Department shorthanded. He further explained that all amounts and details are to be approved by the Council and will be provided by the Personnel Director at a subsequent meeting. Authorization was given the Personnel Dir- ector to proceed with recruiting and examint- tion of ppospective personnel to fill the Motion vacancy as Senior Engineering Aide. Ayes xx cs51 3. Engineering Department Status Report. Acknowledgement was given the Engineering Status Report and inquiry was made on the Jefferson Street Overcrossing and the Traff-c Signals at El Cam?rio Real and Vista Way. The City Engineer was instructed to obtain infor'mation on the status of these two pro- jects for the next regular meeting. 0 ~ 0 . 0 .- ~ I I I ~ CITY OF -7- CARLSBAD October 19, 1971 7- DEPARTMENTAL REPORTS (cont. ) [701 D. Parks and Recreation. I. Agenda Bill it563. Consideration con- cerning ad,option of a revised Holiday Park Master Plan'. This matter was deferred to the next regula meeting at which time the Parks and Recrea- tion Director will make a presentation to the Council. . E. Planning. [99] .- 1. Agenda Bill #564. Request for a' Tenta- Subdivision Map - Approval of Loma Laguna Carl sbad Tract Y71-5. Mr. W. Allen Kelly, 3355 Spanish Way stated this is a strictly an R-1 development and has been approved by the Planning Commissio The following Resolutfon was offered for adoption: Resolution No. 191 1. A RESOLUT40N OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPRO .ING THE- TENTATIVE MAP OF LOMA LAGUNA, CARLSBAD TRACT #71-5, was adopted by title only and further reading waived. [281 -2. Agenda Bill 8554. CIC recommendation for a committee/commission relations group to be appointed by City Council. Following a short discussion, it was sugges that the name of the committee submitted by the Planning Department be changed to Joint Coordinating Committee. It was agreed that the proposal presented in Agenda Bill Y554 be approved and accepte and that the name of the committee/commissi relations group:be known as the "Joint Coordinating Committee". 3. Agenda Bill #545. La Costa Annexation. 1251 The City Manager stated that if the Counci' wished to proceed further with the La Cost; Annexation Study and desired additional reports on the southerly area of the city, as well as the easterly area boundary, suct reports would require contacting many of the other property owners.. Council auth- ,orization would be necessary to do so. . ."." ."" . ". ... ""..._. - -.-.. Authorization was given the staff to procec and re-examine the scope of the reconfigura tion of the Carlsbad Southerly and Easterlj boundaries and possible additional annexa- tion activity and the staff was directed tc follow thru with this study. .. . COUNCILI\, 2% Y h;.& ? fJ ,: b I - Motion Ayes xx ed ns Motion Ayes xx ! I. t I i I I Motion Ayes xx -, CITY OF - CARLSBAD COUNCILM! -8- * 0 0 October 19, 1971 7- DEPARTMENTAL REP.ORTS: (cdnt.) Planning (cont, c771 4. P1annin.g Department Status Report. The P'lanning Department Status Report was acknowledged by the Counci 1 . F. Public Works. 1831 1. Public Works Status Report. - The Public Works Status Report was acknowledge( by the Council. .8 - ORDINANCES FOR ADOPTION: (a) Agenda Bill #524. - Robert L. Means - [113] Ordinance No. 9281. AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING A SPECIFIC PLAN ON PROPER LOCATED ON THE SOUTHEAST CORNER OF HIGHLAND DRIVE AND MAGNOLIA AVENUE, was given aisecond reading by title only and adopted. [114] Ordiinance No.. 9282. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE N0:9060 CHANGI CERTAIN DESIGNATED PROPERTY LOCATED ON THE SOU EAST CORNER OF HIGHLAND DRIVE AND MAGNOLIA , (Planned Community). was- g-iven a second readin by title only and adopted. AVENUE FROM R-1-10,000 AND R.-l-7500 TO P-C I 9- CONSENT CALENDAR: A. Correspondence - Advisory was given a letter addressed to the Council. from Mr. E. Adler and the ma.tter was referred to the City Attorney for comment. [110]. B. Correspondence - Referr'al - Acknowledgeme C. Resolution for Adoption. 1621 1. Agenda Bill #565. Senatorial Redistri ing. Mayor Dunne requested the Council's consideration of the followfn'g resolution, stating that if the proposed Senatorial Redistricting were approved Carlsbad, as well as San Flarcos, would be isolated fron those North County cities with which they share common interests and concerns in legislative matters: Resolution No. 1910. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD URGIF FORNIA RECONSIDER THE BOUNDARY REVISION BETWEEN THE 38th AND, 39th SENATORIAL DISTRICTS, was adopted by title only and further reading waived. THAT THE LEGISLATURE OF THE STATE.OF CALI- * 10- CONTINUED BUSINESS: There were no items discussed under this category. " . . - - i Ti NC T- 4 ni C' 1 JG Motion Ayes Noes xx 1 1- Motion Ayes Noes xx t t- ~ I Mot i on xx Ayes X I , ,I CITY OF CARLSBAD COUNCILMI 0 - 0 r 0 0 . .. L-401 (a) Agenda Bill #566. Appointment to Building Authority. Mayor Dunne requested this matter deferred to the next meeting and that the members of the Council submit names 'of persons to be considered to fill the vacancy. ADDITIONAL BUSINESS: ~341 (a) Agenda Bill #567. Authorization was give for the purchase of forty (40) CHP 885 x 15 six (6) ply tires at $16.05 each and twenty (20) 775 x 14 four (4.) ply tires at $13.73 each, through the Office of Procurement, Department of General Services of the State of California, for a total of $916.60 plus tax and $40.00.service charge, to operate the Police units for the remainder of.the year. The following resolu- tion was presented: Resolution No. 1913. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE DE- PARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS, was adopted by title only, Motion and further reading waived. Ayes X L- 6'2 I (b)' Proposed Legislation. The City Manager presented the following resolution regarding proposed legislation for Criminal Justice Pl'anning Boards and expenditures: Resolution No. 1915. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD IN SUPPORT OF ASSEMBLY BILLS 2693 AND 2682 AND IN OPPOSITION TO SENATE BILL Motion X 629, was adopted by title only and further reading Ayes xx waived. +301 (c) Proclamation. Mayor Dunne .-psoclaimed Wednesday, October 27, 1971 as "NAVY DAY." and called upon all citizens of Carlsbad to take part in appro- priate observance of this day through the many channels open to them. [llO] (d) Repair of water line. Mayor Dunne sug- gested that the Council. reconsider repairing the San Luis Rey water line, in order that water can be pumped from the wells. The Council was informed the matter would be presented at the next Council meeting for consideration. (e) Criteria for 'development. The Mayor re- quested that Mr. Arnold and Mr. Cook submit their thoughts on criteria for development in the City of Carl sbad to him by Wednesday, November 3, 1971. .~ $ 2 X .I CITY OF CARLSBAD -1 0- a :31] (f) Request for Cardroom license. A.letter from the law firm of Newberry & McGowan was presented by an of the Clerk, req.uesting that the City Council considel application for an additional cardroom in the City Carlsbad. The City Attorney pointed out to the Council that under the'present ordinance only one card- room is allowed for'each 50,000 popul.ation, and that he would answer the letter. 1571 (9). Gen'eral Plan. The Mayor suggested that consideration be given to. updating the General Plan 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for payment of bills for the General Expenses of the City in the amount of $37,474.68 and for the Water Department in the amount of $46,096.91 for the period October 1, 1971 thru October 15, 1971, as certified by the Directof of Finance and approved by the Auditing Committee. Ratification was given for the payment of the payroll in the amount of $5.2,191.19 for the period October 1, 1971 thru October 15, 1971, as certified by the Director of Finance and approved by the Auditing Committee. 13- ADJOURNMENT: By proper motion the meeting was adjourned at 12:ll A.M. Respectfully submitted, \. q&&&F@ L4P"fj MA A T E. ADAMS City tfer k -. P COUNCILMI Ayes Motion xx xx Ayes I ~ I I