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HomeMy WebLinkAbout1971-11-02; City Council; Minutes.. , * ~. CITY OF CARLSBAD COUNCILM Minutes of: Date of Meeting: November 2, 1971 Time of Meeting: 7:OO P.M. Counci 1 Chambers INVOCATION was offered by Mayor Dunne.. APPROVAL OF IJINUTES: COUNCIL COMMITTEE -REPORTS: Councilman llcComas reported that he and Counci . man Jardine have had two meetings since the last Council meeting; the second meeting with the City Attorney present. As a result, a Resolution has been drawn providing for an had been submitted to the Council. It was he1 d soon. the committee would like incorporated in the ordinance. He stated the City A$-torney would [110]. (d) Fleeting with CMWD - Councilman McComas reported that a meeting had been held with CMWD and that it was agreed by those present that CF4WD would service the four annexations X [34] (e) Chamber of Commerce - Councilman Castro x &# ~ ,... . . .. ,,, CITY OF CARLSBAD COUNCILM -2-. COUPlCIL COMMITTEE REPORTS: (cont.) [S5] (f) fdtayor's and blanager's Meeting. - Mayor Dunne briefly reported on the Mayor's'and Man.a- ger's meeting he recently attended and stated Plr. Anderson was appointed to the Airport Ad- visory Board-to study all a,irports and all air- port sites. [lo4~ (g) Nini-buses. - Mayor Dunne announced that he had written the City of Oceans'ide with regard to the possibility of a mini-bus service in the City of Carlsbad. He stated it was his.feeling this was a necessity .in the City, especially for . the elderly who can not or would rather not drive automobiles. . 6- HOUSING AUTHORITY: [lo51 The Council adjourned to the Housing Authority at 7:23 P.M., reconvened to the Council Meeting at 7:34 P.M. Following Public Hearings, the Housing Authority was continued at 9:20 P.M. and adjourned to the' Council Meeting at 9:32 P.V. with four Councilmen present. 7- PUBLIC HEARINGS: The Hour of.7:30 P.M. having come and gone, the Mayor declared the Public Hearing open,- . at 7:34 P.M. [I141 (a) Agenda Bill #553. (con't.) To consider an appeal of.the decision of the Planning Commission in denying the request for a change of zone fror R-P to C-M (Commercial Industrial) on property lying on the Westerly side of Roosevelt St., : South of Laguna Dr. and North of Beech Ave. Appellant: Frances M. Peachey Reese. The City Clerk presented the Affadavit of Pub- received from Harold J. Blai'ne, proper.ty owner protesting proposed change of zone. ... The Mayor-announced that the Council desired to .hear from anyone wishing to speak in favor or in opposition to the proposed change of zone and stated that the Public Hearing is being continued from the meeting of October 5, 1971. Mr. Nick Sauer, Attorney for the applicants, stated that he and his clients. have been workins with the Planning Department and feel that they are near a solution but do not feel at this ' ' poi.n.t, a-solution has been- reached. He request- ed that the matter be continued. The City Planner explained the Planning Depart- ment is attempting to arrive at a solution wherein a specific plan will be submitted for the whole, of the area in connection with the change of zone. As each property owner develops his property, he will be required to submit a individual specific plan. . lication and announced that a letter had been 0 I ! .. -, .. j.. . 1 . .... .. -. ... ,"'7 CITY OF CARLSBAD COUNCILh4 P (a) Agenda Bill # 553 (cont.) Attorney Sauer stated he and his clients do not wish their ap'plication withdrawn but wish to continue work ing with the Planning Department along the line described by the City Planner. Following discussion by the Council, it was agreed that the applicants and staff continue [107]. (b) Agenda Bill #538. (cont.) To consider the vacation of lot "E"' (Alder Ave.) Carlsbad Mano , in accordance with Resolution #1906 of the City Counci 1. The Mayor announced that this Public Hearing was continued from the meeting of October 19th. The.City Clerk announced that she had received a call from Mr. Richard Geyer at 4:15 P.M. this date requesting that this matter be- continued until the next meeting in order that he may hav Counsel present. She noted another communica- tion in the form of a letter timed at 7:OO P.M. this date from Mr. Geyer stating he was in favo of the vacation. The Clerk further stated , communications were received from Mr. and Mrs. Donald Dunham. 3987 Alder Ave, in favor-of .the due to personal interests with clients in the The Mayor announced he would 1 ike to hear from anyone who wished to speak on this matter. Mr. Donald Briggs,4115 Sunnyhill stated he was to have the public hearing heard at this time since there were a number of people in the audi ence who wished to be heard. Upon real izing . that one of the Council members was absent, he stated that he would like to .have the public hearing continued so that testimony would be heard by all Councilmen andfurther noted that Councilman McComas declared abstention in this It was agreed by the Council that this'matter be deferred to the next regular meeting. 1971 from Mr. and Mrs. Cecil Dunne in opposition to proposed change of zone & specific plan. ?/- 'j 3' , * I) '~J 'p" CITY OF CARLSBAD COUNCILN -4- 7- PUBLIC HEARINGS (cont. 1 and pointed out that the s.taff report presented to the Planning Commission with regard to Condi ti0n.s IiAI1 and 'IL" had been a1 tered. The Mayor announced that the Council would like to hear from anyone wishing to speak in favor or in opposition to this request. -Phase #2 of this development for rezoning at this time rather than after the park bond issue has been presented to the voters. Mr. Mark Dunkery, 770 Magnolia Avenue spoke in opposition to the proposed change and adoption of specific plan on the grounds it was a fire hazard and would be a hazard to ttie children I who attend Jefferson St. school. Mrs. Thomas McMahon inquired'if there were plans, being made by the City for the intersection of Tamarack and Carlsbad Blvd. and was informed by the City Engineer that the intersection is- being redesigned. The Mayor announced the Public Hearing closed at 8:40 P.M. Discussion was held by the Council regardjng the Park ;in:lieu dedication of 1.1 acres agreed to by Mr. Hirsch as opposed to the park in lieu fee of $13,729.00. calculated by the staff. Also- discussed by the Council was the widening of Tam-arack Avenue and the DMJM Report with relation to this property, Mr. Hirsch stipulated to the City's right to require the park in lieu fee or park land dedication in accordance with the subdivision ordinance. After lengthy discussion, the following Resolu-' tion was offered for adoption and the following Ordinances were offered for a first reading. Resolution No. 1916. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE i CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY ! IN THE CITY OF CARLSBAD FROM R-1 TO RD-M (RESI- Motion X/ DENTIAL DENSITY-MULTIPLE) was adopted by title Ayes xx only and further reading waived. Absent Ordinance No. 9283. AN ORDINANCE OF THE CITY ~ t. i COUNCIL ADOPTING A SPECIFIC PLAN or1 PROPERTY LOCATED NORTHERLY OF TAMARACK AVENUE AND EASTER- LY OF THE A.T.&S.F. RAILROAD RIGHT OF WAY, was Absent reading waived. xx Ayes given a first reading by title only and further X Motion Ordinance No. 9284. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 CHANGINC Motion X CERTAIN DESIGNATED PROPERTY LOCATED NORTHERLY OF 'yes TAHARACK AVENUE AND EASTERLY OF THE A.T &S.F xx aens1ty.Elu tlpley was given-a first rea 1ng by t.itlp only and further reading waived. 1 d Absent AILROAD R GljT 0 WAY FROPI R-1 TO RD-M Residential .I 0 - I) CITY OF r CARLSBAD COUNCILME -3- November 2, 1971 215 \# Mr. Ad1 er 'addressed the Counci 1 and requested that all work on the Water Systems Improvement be stopped. .He cited a number of reasons for this request relative to the State and Federal hearings, water bond funds and earthquakes. agreed by the Council that Mr. Adler had suffi- cient notice to make this request long before the bids for the project were awarded and the commencement of work on the \dater Systems Im- provement began. It was the decision of the Council that no action be taken on this matter. a- DEPARTMENTAL REPORTS: A. Engineering. [110l 1. Agenda Bill #429 (Supplement #1) Water line construction, Contract #1006, San Luis Rey line under Mission Road. Following discussion of this matter and a report by the Finance Director, approval was given Contract #lo06 for the water line construction, San Luis Rey line under Missicn Road'and the City Clerk was given authoriza- Motion X tion to advertise for bids to be opened Absent November 30, 1971. xx Ayes E991 2. Agenda Bill #540 (Supplement #1) Approval of final map for Richie Glen Subdivision, Carl sbad Tract 71 -3 .. The Council approved the Final. Map for Richie Glen Subdivision, Carlsbad Tract 71-3, sub- ject to the conditions imposed for the Tenta- tive Map. Acceptance was also given for the dedication of public streets, drainage easement, sanitary sewer system and domestic water system. The Mayor was authorized to execute the Improvement Agreement. Further authorization was given for the City to reimburse the developer f0.r the constructio? Motion .x -of t.welve (12) feet of.paving from Fiscal Absent Year 197a-7.3 Funds. xx Ayes C451 3. Agenda Bill 8569. Engineering Service Agreement in regard to preparation of Master . Drainage.Plan - Phase 11. Following an explanation by the City Engineer, Authorization was given for the execution of agreement between Shuirman-Simpson and . ' Maste6 Drainage Plan not to exceed $5,000.OC.Absent xx Ayes the Ci:ty of Carlsbad for Phase I1 of the Motion : I - . "_. . .. I .. , .. . -. e. - 0 w COUNCILMI CITY OF i 'CARLSBAD November 2, 1971 -6- v #4 \J zo 4 216 8- DEPARTMENTAL REPORTS (cont.) A. Engineerin3 (cont.) [45] *. 4. Agenda Bill #571. Request for future street improvement agreement - Highland Dr., Parcel Spl it X155 (John Pagnone). Following the City Engineer's explanation of this request, authorization was given the Tlayor to execute a future street irn- provement agreement between the City and Mr. John Pagnone, as recommended. by'the City Engineer. 5. Other Engineering Matters. The. City Engineer reported there were no further Engineering matters to be discussed at this time. B. Planning. E991 1. Agenda Bill #570. Approval of tenta.tive map for Bristol Anchorage, Carlsbad Tract 71-6. After reviewing a sketch presented by a- representative of the developer, the follow- ing Resolution was presented for adoption: Resolution No. 1917. 'A RESOLUTION OF THE ING THE TENTATIVE MAP OF BRISTOL ANCHORAGE, Motion X CARLSBAD TRACT X71 -.6, was adopted by title Ayes xx only and further reading waived. Absent 2. Other Planning Matters. The Planner reported there were no further Planning matters to be discussed. - CITY COUNCIL OF THE CITY. OF CARLSBAD, APPROV- C. Parks and Recreation. [701 1. Agenda Bill #563 (cont.) Revised 'Hol i- day Park Development Plan. .. -.. The Parks and Recreation Director presented a sketch of the .proposed park development. master plan, as revised and reviewed a num- ber of matters in connection with the plan. He stated that one of the main objectives is to provide recreation of some type for everyone. He further stated that the park will encompass approximately five acres and parking facilities will be' available along .and around the perimeter of the park. Discussion was held regarding the Boy Scouts building, the Girl's Club building and the parking facilities. The Parks and Recreation Director i,nformed the Council that the proposed Master Plan for Holiday Park has been presented to the Parks and Recreation Commission and the Planning Coinmission and it is his understand- ing thgt the Lyons Club is very anxious to assistj with the development of the park. ._ 1. 0 - I) CITY OF CARLSBAD COUNCILME1 -7- -I November 2, 1971 After -due consideration, it was agreed by Director. D. Pers-onnel. 1743 1. Agenda Bil'l #5.72. Public Employees Program. The Personnel Director reported he had recently attended a meeting regarding the Public Employees Program (PEP) and all per- t4nent information .was contained in the packet he had submitted to the Council for their information. He explained how the funding of the PEP Program worked and revieh- ed certain phases of the packet with the. Council. He further explained that at the present time, constant changes are being made by the County with regard to this pro- gram and pointed out 'that the City has been awarded a Federal Grant in the amount of $109,811.09 with the City participating on 1 a 10% matching fund basis to hire the fqllok- m7.oersonnel: 1 Junlor Planner, 2 Pollc-e 1 Construction klaintenanceman, 7 Park Care- taker, 1 Reference Librarian, and 1-Recrea- tion Leader 111. The CouTyil agreed to accept the F rant a ocatlgn In the amount f $?6b~~11.09 Motion X and authorlzatlon given for a 18% matching Ayes xx fund artici ation by the City and the Per- Absent along the lines as out71nei In kl#E?!!. sonney Dlrec Or was In tru ted ceed lcers, 2 Firemen, 2 Clerk Ty Ists, ! . E. Public Works. c721 1. Agenda Bill #573. Prohibiting parking on the East side-of Pi0 Pic0 Dr. from Tama- rack Ave. to the Northerly line of Alphy's Restaurant. The Pub1 ic Works. D.irector explained the danger of large trucks parking on the east side of Pi0 Pic0 adjacent to Alphy's Res- taurant as the basis for this request and further explained that a loading zone should be provided between the "no parkingl'zone and the northerly property line of the Catholic school, with approp.riate curb painting and signing. Resolution No. 191 8. A RESOLUTION 'OF THE NATING 'THE EAST SIDE OF PI0 PIC0 DRIVE, TO ALPHY'S RESTAURANT, AS A "NO PARKING" Motion JACENT TO CATHOLIC SCHOOL, was adopted by Absent title only and further reading wiaved. 2. Other Public Works Matters. There were no othler Public 'Works matters. CITY COUPICIL OF THE CITY OF CARLSBAD DESIG- NORTHERLY OF TA1,lARACK AVENUE AND ADJACENT ZONE, AND ESTABLISHING A LOADING ZONE AD- xx Ayes ! . . . . . . . . .. .. CITY OF - CARLSBAD COUNCILME .. F. TrafTic Safety. 1. Agenda Bill #574. Traffic Safety items for discussion. The Public Works Director stated that after observation of this intersection, it -was felt that ayield sign was needed designatin vehi.ctrlar traffic northbound on Park Drive yield to traffic on Westhaven Drive and/or Sky1 ine Drive. Resolution No. 1919. A RESOLUTION OF THE NATING THAT VEHICLE TRAFFIC NORTHBOUND ON PARK DRIVE YIELD TO VEHICLE TRAFFIC ON 140 ti on X WESTHAVEN DRIVE AND/OR SKYLINE DRIVE, was Ayes xx adopted by title only and further reading Absent 1 waived. Discussion was held regarding item #11 of AB #574 with regard to a request for a 4-wa~ stop sign a-t Jefferson and Lagu:na Streets due to an accidental death near the inter- sectfion. It was the staff recommendation that this matter be deferred at this time since the intersection does not meet any of the criteria outlined,under Item #11. Fur- ther, it was noted in a report from the . - Police Chief that following investigation, i't was felt that the accident was not direct- ly the result of speed; rather that the driver of the vehicle involved was intoxicated. CITY COUNCIL OF THE CITY OF CARLSBAD DESIG- G. City Attorney. c41 I 1. Claims by the City. The City Attorney reported that court dates have been set up for two zoning violations and another com- plaint issued by the City has been granted a 90 day extension since it appeared there was some misunderstanding on.-the part of I the party involved. The.City Attorney was instructed to proceed with these complaints. c351 2. Beach Sand. The City Attorney informed the Council he is still researching the matter of removal of beach sand from privatc property and stated at this point all in- dications are that it is permissible for a land owner to remove his own sand from the mean high tide. ..; 9- ' CONSENT CALENDAR: A. Correspondence - Advisory. "There-was no advisory correspondence, > m .. B. Correspondence - Referral. There was no correspondence - referral. . . . -. . . . ._,- __ .~. . ... . .. I , .. t 0 CITY OF n CARLSBAD COUNCiLME -y- f . - . 219 \t# zoo, November 2, 1971 1.10- CONTINUED BUSINESS: ,. I [40] (a) Agenda Bill 8556. One appoi'ntment to the Carlsbad Building Authority. [lo31 (b) Agenda Bill f575. . Two appoin.tments to the Traffic Safety Commission. EXECUTIVE SESSION: !layor Dunne called for an Executive Session at 1l:lO P.M. for the purpose of discussing commission appointments. - The Council reconvened a.t 11:20 P.M. and the I-layor announced that two appointments were made I to the Traffic Safety Commission as follows: a) Mr. Robert B. Nelson, 155 Juniper, and . ' b) Mr. Morris L. Sims, 3021 Highland Drive. The Mayor further announced that no appointment was made to the Building Authority. I 11- CURRENT BUSINESS: . (a) 1tem.s for discussion: I DO4] 1. Use of State sales gas tax fund for. transportation. The Mayor informed the Council he had semt . a letter to the Mayor of Oceanside regard- ing the feasibility of Oceanside providing a mini-bus service for the City of Carlsba with the City paying their fair share of the cost. Further, he stated it is possi- ble that funds could be used from the Stat Sales Gas Tax Funds for this purpose. Mayor Dunne appointed the City Manager and the Director of Public Works to work with him as a committee to discuss this matter with Oceanside and stated it was desirous that the committee would have a report for the Council by th-e first of the new year. .. [71 I 2. Downtown Parking Facility. Discussion was held by the Council regarding downtown parking facilities and it was stated that approval was given the idea of establishin a downtown parking facility. The Mayor stated that the only way to provide funds for the facility would be to extend the Parking Authority b.onds and that the first step would be to hire legal counsel and a financial consultant. The City Manager wa legal counsel and a financial consultant for the proposed parking facility. 3. Capital Improvement Program. The Mayor stated that a Capital Improvement Program.should be set up and should be tie in lvith the 1972-73 budget. I instructed to check i-nto the hiring of I) C29.1 I ~ I. I 'I * CITY ' OF-,,-CARLSBAD COUfdCiLME -1u 8 The City Engineer briefly,explained that this was a standard street improvement agreement. Authorization was given for the Mayor to execute [45] (b) Agenda Bill 8577. Contract 81009.- Demoli- tion of Existing Sewerage Treatment Disposal . Facility in the vicinity of Carlsbad Blvd. and State Street. The City Engineer reported on the bid opening for the demolition of the treatment plant and recommended that the low bid of Hudson Brothers Construction Company be awarded for the bid in the.amount of $2,800. The Council awarded the contract for the demoli- tion of the old sewer plant to the low bidder, Hudson Brothers Construction Co., P. 0. Box. 552, Chula Vista, California in the amount of $2,800, M'otion .x and authorized the Mayor and City Clerk to exe- Ayes xx cute the contract in behalf of the City. Absent .. .. 1741 (c) EngineerTng Aide. The City Engineer stated at the last meeting authorization was given the staff to check into the qualifications of pro- spective employees to determine one qualified to fill the position of Engineering Aide - Step "A" on a temporary basis. He stated at this time they do have an employee qualified who would-be available to begin work immediately. Authorization was given the staff to hire an Motion X Engineering Aide on a Step "A" classification Ayes xx on a temporary basis. Absent [47] (d) Claims against the City. Tie' City Attorney reported two claims have been filed against the City 1) Lawrence Crawford, 135 .Acaci.a 'Ave -- . Apt. #E and 2) Eloise T. Moss, 3100 Ocean St. Carl s bad. It was moved that the claim by Lawrence 1. Motion X Crawford against the City of Carlsbad be denied Ayes xx and referred to the Insurance Carrier. Absent It was further moved that the claim by Eloise T. Moss against the City of Carlsbad be denied Motion X and referred to the Insurance Carrier. Ayes xx Absent Other items discussed. Other matters discussed were the United Crusade and its deadline for contribution to be submitted to the Personnel Director. A request from the Chairman of the Parks and Recreation Commission that Commissioners have a badge or some means of identification to the Committee. The fact that a street name list, should be made up by the City for organization of street names. Councilman McComas reported he received a call from Assembl man Stu1\ requestJng .a City representative from t K e Councl tQ a e r in Sacramento In support of the reapportlonggnt bill* 0 1 1 z . ,. . .' .- , * CITY OF CARLSBAD COUNCILME -11- e 'I November 2, 1971 Auditing Committee. Ratification w-s given for the payment of the payroll for $55,358.63 for the period October 16 thru October 31, 7971 as certified by the Motion Director of Finance and approved by the Auditing xx Ayes . Committee. Absent ADJOURNMENT: By proper motion, the meeting was adjourned at 11:40 P.M. Respectfully submitted, @7&AF@L MRR RET E. ADAMS Cit Clerk t " .. . .. , a P . . . . , . . .. . .. ..