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HomeMy WebLinkAbout1971-11-16; City Council; Minutes* cn"' OF- c ii /:-. RLST; UI ;:\ \ D 'b C0UNCIL.i;. 8- 0 c, Hi nu tes of: CITY COiJIICIL (Regular 3eeting) Date of Meeting: Nov.ember 16, 7 971 Time of Meeting: 7: 00 P.M. Place of Heeting: Council Chambers 1- ROLL CALL: 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE: 4- APPROVAL OF MTFIUTES: I (a) Minutes of the regular meeting of November 2, 1971 were approved as presented. 5- COUNCIL C-OYi.1ITTEE REPORTS: I [78] (a) Agenda 6ill +494. Nuisance Ordinance. Councilman Lewis reported that another meeting will be held which will be opened to the public prior to the recomnendations for the nuisance ordinance being submitted to the Council. [70] (b) Agenda Bill ?497. Boating Regulations. Councilman Le:.ris reported that the draft ordi- I nance for boating regulations has been prepared and completed by the City Attorney and will be presented to the Council at the next regular meeting. : [28] (c) Uater Committee ileeting. Councilman McCma reported that a meeting was held by the Water Committee, and the committee is asking the Coun cil for directives to determine whether the Water Committee should study the possibility of reorganizing the Water Department under one hea to include operations, field engineering and financial control. Further the question of whether CMND should- take over the operations Qf the Water Gepartment and water rate charges. 1s st111 under study. By proper motion, t-he Water Committee was directed to study the water rate structure and report its recommendations to the City Council. A further motion was made by.Mayor Dunne that a resolutfon be drawn, ex- . pwssing the City's willingness to pay one-half of the cost of having an in-depth study made re 'garding total consolidation of the two water en ' tities. The motion died for lack of a second. Mr. Robert L. Watson,*.Chairman of the Water Committee addressed the Council and expressed his dismay of having an in-depth study made by an outside consultant, as this was one'of the items being 'studied by the !&later Committee. It was his opinion the only way there can be a savings to the taxpayer would be to have the CMWD take over the ma-nagement and operation of the City's water system. Councilman i4cComas pointed out the committee had not reached any conclusions yet due to the fact there are still some questions unanswered. Mayor Dunne stated in his opinion a cofnplete consolidation should be effected, and this would necessitate an in- depth study. In conclusion, Mr. Watson asked that the Committee meet with members of the CMWD to discuss the proposal further, as he was sure the CMPlD could take over the operation and management of the City's water system within 90 days. After lengthy discussion, it was agreed that a meeting be he1 d with ChlWD to clarify some of the questions raised in co-rinec- tion with the proposal offered by CMlrlD. I I \; 6':- - i x, .'. ?/ c-i'\-*. :. yc\.,;> > L. tip 1 ..'),: 333 ha&& "-.3r. ' 19- Present Absent X X Motion xx Ayes Y Abstained Absent Motion x Ayes xx Absent -. CITY OF CARLSBAD COUNCILME -2- - . November 16, 1971 The ;..layor declared the Public Hearing open at 7:35 P.M. r113] (a) Agenda Bill #573. To consider an Amendment to Ordinance Flo. 9263 regarding the Specific Plan for signs in the Tanarack Plaza located on the Southi.!est Quandrant of Tamarack Ave. and Adam St. - Applicant: Daytom Enterprises, Inc. The City Clerk presented the Affadavit of Publi- cation and reported no correspondence. decision of the Planning Comission and stated that all but one sign in the applicant's request was denied on the basis that the original Ordi- nance nu9263 approving the Specific Plan was pur- posely restrictive on sigr,s as Tamarack Plaza is not a freeway oriented business. No one desired to be heard, and the Mayor de- clared the Public Hearing closed. Following discussion, Resolution No. 1920 and Ordinance No. 9285 were presented. Resolution 110. 7920. A RESOLUTION OF THE CITY . The Junior Planner reported the findings and reading waived. [I071 (b) Agenda Biil $538. (Supplement $3) Request for vacation of Lot "E" (Alder Ave.) - Carlsbad The City Clerk presented the Affadavit of. Publi- cation and reported a letter was received from Mr. and tlrs. James D. Rogers, 4020 Sunnyhill; also signed by Mr. and Flrs. Phillip Naugler, 4010 Sunnyhill Dr., in favor of vacation. Also received was a petition containing the signature of 48 residents, in opposition to the vacation. Mr. Donald Briggs, Jr., stated.he was the owner of Lot "E" and requested the matter be deferred until a full Council .is present. the Mayor closed the Public Hearing. Following discussion by the Council, the matter was deferred to the meeting of December 7, 1971 and it was requestzd that complete staff reports be submitted by the Engineering and Planning ~ I ~ CITY OF CARLSBAD -3- . . November 16, 1971 t ~301 Po1 7 .- r.1101 c851 C741 (c) Agenda Bill $558. To consider the adoption of the 1970 Edition of the Uniform Plumbing Code The City Clerk presented the Affadavit of Publi- cation and announced that publication was made twice in the Carlsbad Journal and further stated that the Ordinance was adopting by reference. There was no one who wished to be heard, and the Mayor declared the Public Hearing closed. Ordinance No. 8057. AN ORDINANCE OF THE CITY OF CARLSGAD ADOPTIriG 1970 EDITIOFI OF UPIIFORI..l PLUIIB- ING CODE AI.iD PROVIDIilG PEilALTIES FOii VIOLATIOil THEREOF, was given a first reading by title only and further reading waived. (d) Agenda Bill =559. To consider the adoption of the Uniforrn Euildinq Code, Vol. 111, re: I Housing, and providing-penalties for violation thereof. The City Clerk presented the Affadavit of Publi- cation and announced that publication 'was made twice in the Carlsbad Journal and further stated that the Ordinance was adopting by reference. There was no one who wished to be heard, and the Mayor declared the Public Hearing closed. Ordinance !lo. 6058. AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTI!JG VOLUME I I1 OF THE UMIFORM I BUILDING CODE, 1970 EDITION, REGARDING HOUSING AND PROVIDING PEMALTIES F.OR VIOLATION THEREOF, was given a first reading by title only and further reading waived. DEPARTMENTAL REPORTS : A. Engineering . 1. Agenda Bill $579. Approval of Audit Contract for Water Systems Improvement Project. I. I The Playor and the City Clerk were authorize' to execute th.e Agreement between Carroll 8 Brantley and the City, for Audit of the Wat ' Systems Improvement Project, at a maximum fee not to exceed 81,500. i 2. Engineering Department Status Report. I The Engineering DepartmeRt Status Report was acknowledged and discussion held on various items. B. Personnel. 1. Agenda Bill 8580. Request for reclassi fication of employee in the Water Departmen I Following,discussion, approval was given th position and reclassification of the water department einploycc as presented in Aqerlda Bil 1 :/5tlO, and as recormcnded by the Per- sonnel Director. 1 COUNCILfVSE a c fq,yi 3 &&" 3 ;9 .y$&@ c. "Cl ,"a\? d" ! 1.10 ti on X Ayes xxx Absent r"40 t i on X Ayes xxx Absent r Motion x Ayes xxx Absent .. Motion X Ayes xxx Absent her 16, C. D. E. F. .. CITY OF CARLSBAD -4 - 1971 ~~ ~~ ~~-~~ ~ Planning. I 1. Planning Department Status Report. I Acknowledgenent was given the Status Report submitted by the Planning Department and discussion was held by the Council on vario items. I Purchasing. I 1. Agenda Bill #581. Approval for pur- chase of pick-up truck for I.!ater Department I The Purchasing Agent reported the bid re- sults for bids on a pick-up truck and state the lo~v bid was received by Vince Dixon Ford in the amount of $2,905.80. He furthe stated the truck which is being replaced will be sold at a public sale and viill have a proposed rninimum bid of $100.00, It was pointed out that the amount of $2,700 was budgeted for this item. The Council awarded the low bid of Yince Dixon Ford in the amount of $2,905.80 and authorization was given for the purchase of a 1972 - 1/2 ton pickup truck for the Mater Department. Further, authorization was given for the release of additional funds. PH bl i c Korks . I 1. Public Works Status Report. I Acknowledgement was given the Public Morks Status Report and discussion was held.. I Parks and Recreation. I ?. Parks and Recreation DeDartment Status Report. I .- Acknowledgement was given th'e. Parks and Re- creation Dept. Status Report and the Parks and Recreation Director summarized the last. meeting of the Parks and Recreation Commis- sion. Discussion ensued and Councilman Lewis stat- ed that he was in hopes that the City would make use of the school equipment for the summer recreation program. which is availabl? to them under the Joint Powers Agrement be- tween the School District and the City. Further, Councilman rlcComas suggested that the budget be adjusted sometime in January or February to take care of the summer re- creation program. The Parks and Recreation Director stated under the PEP Program, they will be hiring a full time person to work with the various groups in the City in orde- to plan next years recreation program. . . %. .. I .. I , COUNCiLi:.',~ ~ CITY OF C,4,F.:L$3i AD COUNGfL;, -5- * - 0 i.c \ zy.y:> \?;; J.; \i c-,. e\' 4 I. . _. : 15;{., -1:: -;\;-. , ' ',<.'\"' 3 'J 4;. LA w <I' November 16, 1971 . " -3-x Mrs. Betty Wollrich, Chairman of the Parks and Recreation Comission presented a ques- tionnaire which it is planned will be dis- tributed to some 5,000 residents to deter- mine what the people want before the issue; are presented on the ballot for the Park Bond. She stated the Commission is reques:- ~ questionnaire will then be presented to ing Council approval at this time and the the Planning Commission and the CIC for their suggestions. She further stated that several hundred copies will be in Spanish. Following discussion, the staff was in- structed to proceed on this matter to get the park bond issue on the earliest possi- X bl e regular el ection. Further , approval XX was given the informal questionnaire. Absent G, City Attorney's Report. c411 7. Zoning Ordinance Violations. EXECUTIVE SESSIOII: Mayor Dunne stated there would be a five , minutes recess at 9:45 P.Y. and following the recess, the Council would go into an Executive Session to discuss 1 i tigation and personnel. The Council reconvened at 10:20 P.M. and the Mayor announced that litigation was discussed and no action taken. further, he stated four appointments were made as wood Ave. - Building Authority. 2. Miss and Recreation Commission. 3. Hrs. Stella Sanchez, 3482 Roosevelt St. - North County Neighborhood Youth Corp. 4. Cof. A. C. Bowen, 3919 Alder .Ave. -. lzlater Committee, subject to his acceptance." 1281 follows: 1. Mr. Jim Anderson, 1551 Bass-~ ~401 Emily Wheatley, 3610 Catalina Dr. - Parks ~41 2.' Agenda Bill #522. Ordinance No. 3086,i adopting by reference Chapters 5 and 7 of the San Diego County Code of Regulatory Ordinances - re: Dogs and Kennels. Ordinance No. 3086 was read by title only and the staff was instructed to have the legal notice published twice in the local Motion x newspaper for Public Hearing to be held Ayes Absent at the December 7th Council Meeting. XXI 8- ORDINANCES FOR INTRODUCTION: [55] (a) Agenda Bill #583. Amending Ordinance No. 6046, Chapter 6.09 of the Flunicipal Code by adding subsection 6.09.010 (e) regarding Garbage Collection. CITY OF -6- c,”,sLr‘l!.tr?,D ccg;<c[~:.,: -Id4 November 16, 1971 Ordinance No. 6046. AN ORDINANCE AIlENDI?IG CHAPTER 6.09 REGAmING GARGAGE COLLECTION WITH IN THE CITY OF CARLSBAD, was given a first reading by title only and further reading The Playor requested that the word “commercial” be more clearly defined. The Cit.y Attorney stated clarification of this word would be an amendrnent to the Resolution, establishing fees and rates. ORDIfIRNCiS FOR ADOPTIOU: 1. Ordinanc? Yo. 9283. ,411 ORDIYANCE OF TEE CITY C0Y::CIL ADCmi!(?, SPECIFIC PLAU AVENUE A!!D EASTERLY OF TgE A.T. & S.F. reading by title only and adopted. 2. Ordinance ;lo. 9284. AN ORDINANCE OF THE CITY OF CARLSBAD A!.IEilDING ORDIIIAMCE NO. 9060 C%AriGING CERTAIN DESIGNATED PRO- PERTY LOCATED ;:3RT’rlERLY OF TArfARACI: AVE- NUE AI19 EASTERLY OF THE A. T. & S. F. RAILROAD RIGHT-OF-\a!AY FROM R-1 TO RD-M CONSENT CALEI!ilAR: A. Correspondence - Advisory - Agenda Bill The Mayor announced that the following letter had been received: 1) Letter dated Nov. 2, 1971 from Commandant - Eleventh Naval Dist. relative to proclamation for Navy Day. 2) Copy of .letter addressed to Editorof local paper from tlr. Donald Johnson. 3) Letter dated November 9, 1971 from the San Diego . Chamber of Commerce with reference to a new concept of SANCOG. B. Correspondence - Referral. - None. C. Resolutions for Adoption: pertaining to employment of City Attorney CITY COUMCIL OF THE CITY OF CARLSBAD PER- TAINING TO THE EMPLOYl4ENT OF THE CITY ATTORNEY, was read by title only and CITY 0 i" (--.:>,, ;:? i '.' T 'I D CC";,:C;?.r, C!\,< !, ! # \ \ "G 31- \ -7- \ CJ- ;:,-*;,,, i:;;'q" I". , ' ', ", \ ;.. - ., .n I' i" f". November 169 1971 & c, $, \;;;\ -, y! I c -a '. '.W +R ['Eo41 2, Agenda Bill +583. Resolution No. 1922 stating Council's intention to establish a system of mini-buses. Resolutio-n No. 1922. A RESOLUTION OF THE COUIJCIL OF Ti;€ CITY OF CARLSBAD, STATING TRANSPORTATIOH IN THE CITY OF CARLSBAD, Motion was read by title only and further read- Ayes xx ing waived. Absent ITS 1IITETITIOI'~I TO ESTABLISH A YINI-BUS c711 3. Agenda Bill #585. Resolution No. 19239 I stating Council's intention to provide dovrntovn parking facilities. The City Manager stated there were a num- ber of bond acts under :.!hich the psrkinq facilities could be financed. He indica- ted that a bond consultant, a financial consultant and .a consultant to spread the. assessment would be necessar:!. The Cen- tral Business District .4ction Commission' (CBDAC) has not had a presentation before. them relative to the zatter of ftrnding for the downtown parkin? facilities and that this should be done. Further dis- cussion was held by the Council and the City Manager was instructed to c3ntact the Chairman of the CEDAC to set a meet- ing date for Flovember 30, 1971 or the first of December. The following Resolu- tion was offered for adontion: Resolution !lo. 1823. A RESOLUTfON'OF THE ' ' ' ...z .': . .. CITY COU!,ICIL OF THE.CITY OF CARLSBAD ITS IMTENTION TO ASSIST IN PROVIDING PARKING FACILITIES FOR THE DOWNTOIiJN AREA, was Absent further reading waived. xx Ayes adopted, as amended, by title only and X Motion .. C681. 4. Agenda Bill n"586. Resolutian No. 192.1, opposing proposal to destroy an independent C.P.O. staff. Resolution !lo. 7921. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING ANY PROPOSAL WHICH WOULD DESTROY AM INDEPENDENT CPO STAFF OR IMPWIR ITS ABILITY TO INDEPENDENTLY ADVISE THE CPO Absent only and further reading waived, xx: Ayes POLICY CO!lI.IITTEE, v!as adopted by title Motion 11- CURRENT BUSIFIESS: '. 12-' CONTINUED BUSINESS: '[4,0] (a) Agenda Bill #566. Appointment to Build- ing Authority. 0 See Executive Session - P.age #5. *< * b CITY OF (“,*5,#~.{~,L\,/-J CGLl:.:CILI; -8- ADDITIONAL BUSItlESS: [30] (a) f43tter of Public Nuisance. The City Attorney reported he had been informed by the Building Inspector of a building and premise in dangerous condition located at 2741 Crest Drive. He stated he is preparing a Resolution declaring the property a public nuisance and announcing that a public hearing will be held. The notice must be posted prior to the hearing The Building Inspector briefly reviewed the problems on the property and stated that the County Health Officer had also inspected the Premises and informed the Building Inspector that this matter required immediate attention. Follov!ing discussion, Resolution !io. 1924 was offered for adoption. Resolution No. 1924. A RESOLUTION OF THE CITY COUIdCIL OF TEE CITY 9F CARLSBAD REGARDIIJG [30] (b) Parcel of land on Grand Ave. Discussion was held regarding the conditions existing on a parcel of land located near the Mayfair Market. The Building Inspector stated he un- derstood that that parcel of land was home- steaded which involved other 1 egal entangl e- rnents. The Sanitation Officer would be noti- nance submitted by Mr. Peter flol and draft a similar ordinance for the City. It was also requested that when the City .Attorney submits his report to the Council, that he cite cases as to ,how this ordinance stands in the courts. [97J (d) Pi0 Pic0 between Stratford 2 Laguna. Councilman LlcComas stated he was in nopes the City would not accept the improvement of Pi0 Pic0 Drive from the State until such time as the drain on the East side of Pi0 Pic0 betwee Stratford Lane and Laguna Drive has been corrected. (e) Bicycles. Following discussion, it was agreed that the staff be instructed to take action with -regard to bicycles. at night with- out lights in accordance with the Vehicle proper channel s. .+ <I P I. * CITY OF- C4 !31 CZx ID ..il \..-d>/ \ CQLINCLLI. 9-. -.. 0 -9- #!' a .:: *\..::-, &, . r' i: , v,r<y ..y- \e\( 1 6,. . 'e \'it i .- ">. , i. i 'T I'* I >, y ; f November 16 , 1971 c* -c .. , \a;;; s'.' \ " _. Tii ' .'I? 13- RATIFICATION OF BILLS AND PAYROLL: [34] Chamber of Commerce. - Ratification of Bills. Councilman Lewis, in Councilman Castro's absence read the ratification of the Chamber Bills which stated that Councilman Castro had reviewed the Chamber Bills and found them to be true and correct to the best of his knowledge and requested that the Chamber be reimbursed in the amount of $1,563.50, as 0bsent approved by the Auditing Committee. xx Ayes certified by the Director of Finance and Mo$.ion Ratification was given for the payment of bills for the General Expenses of the City in the amount of $84,587.82 and for the !.later i Department in the amount of $164,710.56 for the period November 1, 1971 thru November 15, Motion i 1971, as certified by the Finance Director Ayes x xi and approved by the Auditing Committee. Absent Ratification was given for the payment of the . payroll in the amount of $52,720.43 for the period Hovember 1, 1971 thru November 15, 1971 Motion as certified by the Director of Finance and Ayes xx approved by the Auditing Committee. Absent . 14- AD3OURtIi.lEHT: By proper motion, the meeting was adjourned at 71:25 P.M. Respectfully'submitted, . qq$$?4L Cit .. ..