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HomeMy WebLinkAbout1972-01-04; City Council; Minutes.. , CITY OF CARLSBAD COUNCILME n Minutes of: CITY COUNCIL (Regular Meeting) /j Date of Meeting: January 4, 1972 A: < Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 3 e- 1- ROLL CALL: 7:OO P.M. Councilman Jardine arrived at 7:05 P.M. 2- INVOCATION. 3- PLEDGE OF ALLEGIANCE. - 1 4- APPROVAL OF MINUTES: 1 I (a) Minutes of the regular meeting held Declem- Motion ber 21., 1971 were approved as presented. I Ayes I. (b) Minutes of the Special Fleeting held Declem- Motion ber 28, 1971 were approved as presented. Ayes Abstaine [70] PRESENTATION OF AWARD: Mayor Dunne. announced that he would like to give suitable recognition to a former member of the Parks and Recreation Commission on behalf of the Council and the City, and presented a-plaque to Mrs. Mary Scherr in appreciation for her services to the community. E701 GREENWOOD PROPERTY: The Mayor announced that a request had been made by three local attorneys to be heard by the Council. Mr. Thomas W. Smith, 111, 3080 Monroe St., Mr. Nick Banche, 3464 Ridgecrest Dr., and Mr. Ken Reed, 3890 Alondra Way, expressed their feeling that the Green- wood property should be sold, and the monies could be used to develop parks in the City. Discussion was held by the Council as to the park bond issue and when it could be placed on the ballot. The City Manager stated that at this time, the questionnai distributed by the Parks and Recreation Commission -is being tabulated by the Parks and Recreation Cornrniss?on and shouil.,d be formalized in the near future. 5- COUNCIL COMMITTEE REPORTS: [28] (a) Ad Hoc Water Committee: Councilman McComa reported that the ad hoc water committee consisting of the Chairman of the Water Committee, the City-Manager, the City Attorney and himself held a meeting with CMWD concerning the possib1e.merger of the two water systems for operation and maintenance. He stated they l will hold another meeting in the Engineering Conferenc ~ Room at 9:00 A.M. on January 26, 1972. I l e c (b) Garbage and Trash. Councilman Jardine in- quired of the City Manager if there were any letters received regarding trash collection. The City Manager reported there were three or four received requesting a waiver of the trash collection fee. I (c) Auto Center. Councilman Jardine. reported that he and Councilman McComas met with the Administra- tor of the Auto Center and he stated there will be-mor meetings held on this matter. Also, discussion was. he I) by the'same thre.e concerning .the annexation of La Cost to the City. * (d) Mayor's Youth Committee. Councilman Lewis .. introduced Miss Rita Sullivan, new Chairman of the Mayor's Youth Committee. ?i sb, X X cx 'L 3 9 f$ 3\ e,? %< 1 1 I I I I ; ;W' ca 'J , \-ps 1 \?, \& r& I \ X ( 3x i( 3 X I I I I ~ I ~ .. r 0 w CITY OF -,-CARLSBAD January 4, 1972 I ~~ [38] The City Manager reported he will be attending a meeting in Sacramento on January 14, 1972 as he has been appointed to the Local Government Committee on th League of California Cities. 1 [50] Financial Statement. Mayor Dunne stated he would like each of the Councilmen to review the Novlem- I ber 30, 1971 Financial Statement and determine if t:her are any questions that should. be answered. 6- HOUSING AUTHORITY: 1 [lo51 The Council adjourned to the Housing AuthorTty at 8:31 P.M. and reconvened to the Council Meeting at 9:10 P.M. with all Councilmen present. 7- PUBLIC HEARINGS: 7:30 P.M. Mayor Dunne declared the Public Hearings open at 7:30 P.M. [I131 (a) Agenda. Bill #627. To consider a request for a change of zone from R-A-10,000 to C-2 (General Commercial) Zone and the adoption of a precise plan on property located east of Interstate 5 between Pa'lo- mar Airport Road and Cannon Road. Applicant: Tri- City Automobile Dealer's Association. The City Clerk presented the Affadavit of Publication and stated no correspondence had been received. I The Associate Planner presented four renderings of the proposed auto center and briefly reviewed the proposed plan. The City Clerk stated that the documents ere drawn up rn her department and requested that the Iocuments be checked with the conditions contained in the Agreement at such time as it is approved. .She further stated the Resolution reflects the recommendations of the Planning Commission. The staff was directed,by the Council to meet with Mr. John- Mamaux,' Administrator of the Association and work with him in-the preparation of the Agreement be- tween the Auto Association and the City of Carlsbad based on the Letter of Understanding. The Mayor announced that the*'kouncil would 1 i ke to hea from anyone wishing to be heard on this matter. Mr. John Mamaux, 1393 Basswood Ave., Administrator .for the Tri-City%Automobile Dealer's Association stated the architecture which is planned for this center will be Spanish. He further stated that there. will be another year of design through factory approval and it was their hope that by this time next year, .they will have definitive lans available. Four of the auto dealers, who wily be located at the Auto Center, were present and were introduced by Mr. Mamaux. . 1 Mr. Donald Briggs, Jr., 4' 15 Sunnyhill Dr. addressed the Council and stated his approval of the proposed development. As there was no one else !who wished to be heard, the 1 Mayor declared the Public Hearing closed. Following discussion by the Council, the following Resolutions and Ordinances were presented. COUNCILME: Motioh xxx Ayes X It- 0 CITY OF CARLSBAD -3- -F January 4, 1972 - ~~~ ~~ ~~~ -~~~~- "~_ [57] Resolution No. 1932. A RESOLUTION OF THE CITY COUNCILUSCITYAD, AMENDING THE GENER.AL PLAN OF THE CITY OF CARLSBAD, IN REGARD TO FIFTY (50) PALOMAR AIRPORT ROAD AND CANNON ROAD, was adopted b-y title only and further reading waived. [113] Resoluti-on No. 1933. A RESOLUTION OF THE CITY. TO C-2 (General Commercial) ZONE AND ADOPTION OF SPEC1 ACRES OF LAND LOCATED EAST OF INTERSTATE -5 BETWEEN COUNCIL OF THE CITY OF CARLS.BAD, ANNOUNCING FIND1NG.S AND DECISION REGARDING CHANGE OF ZONE FROM R-A-10,000 FIC PLAN ON APPROXIMATELY 50-ACRES OF LAND LOCATED :EAS OF INTERSTATE-5 BETWEEN PALOMAR AIRPORT ROAD AND CAMNO ROAD, was adopted by title only and further reading waived. [113] Ordinance No. 9288. AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING S'PECIFIC PLAN FOR 50 ACRES OF PORT ROAD AND CANNON ROAD, was given a first reading by title only and further reading waived. LAND LOCATED EAST OF INTERSTATE-5 BETWEEN PALOMAR AIR- [I131 Ordinance No. 9289. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSIFYING CERTAIN PROPERTY FROM R-A-10,000 ZONE TO C-2 (General Commercial) ZONE, SAID PROPERTY BEING LOCATED ON APPRO MATELY 50-ACRES OF 'LAND EAST OF INTERSTATE-5 BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD, was given a first reading by title only and further reading waived [113] (b) Agenda Bill #628. To consider a request for a change of zone and adoption of a master plan on property 1oca.ted east of Interstate 5, southerly of Palornar Airport Road and northerly of Poinsettia Lane. Applicant: Financial Scene, Inc. (Former Ward-Lear Property) The City, Clerk presented the Affadavit of Publication and state'd no correspondence had been received on this matter,. The Associate Planner stated;that this property was previously owned'by Ward-Lear" and further stated 112 acres were involved in the development and it will -be developed in three phases, with a specific plen beirlg. submitted with each phase. The Mayor announced the Council would like to hear from anyone wishing to be heard on this'matter. .: M C 0 - r. Towfiq Khoury, Pacific Scene, representing Finan- ial Scene discussed the proposed plans for the devel- pment and stated it would be primarily for the elder- ly. . There was no, one else who wished to be heard and the Mayor declared the Public Hearing closed. Discussion was held by the Council regarding the open space ,in the development. Following further discussio the following Resolutions and Ordinance.,.were present:ed ,. ,. I I I "I 7 F ) I 1 COUNCILME; CITY OF -4- CARLSBAD January 4, 1972 IY - [57] Resolution No. 1934. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AMENDING THE GENERAL PLAN OF THE CITY OF CARLSBAD, IN REGARD TO 112+ ACRES PALOMAR AIRPORT ROAD AND NORTHERLY OF POINSETTIA LANE, was adopted by title only and further reading waived. [113] Resolution No. 1935. A RESOLUTION OF THE CITY AND DECISION REGARDING CHANGE OF ZONE FROM R-1-10,000 TO P-C (Planned'Community) ZONE, AND ADOPTION OF A OF LAND LOCATED EAST OF INTERSTATE-5, SOUTHERLY OF COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS . MASTER PLAN, .ON PROPERTY LOCATED EAST OF INTERSTATE-5 SOUTH OF PALOMAR AIRPORT ROAD AND NORTHERLY OF POIN- SETTIA LANE, was adopted by title only and further reading waived. I [113] Ordinance No. 9290. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE FROM R-1-70,000 TO P-C.(Planned Community) ZONE ON PROPERTY LOCATED EAST .OF INTERSTATE 5, SOUTH OF PALOMAR AIRPORT ROAD AND NORTHERLY OF POIN SETTIA LANE, was given a first,reading by title on1,y and further reading. waived. [lo71 (c) Agenda Bill #598. - Supplement #l. To consider vacating a portion of Buena Vista Ave., 10- cated at the northeast corner of the intersection of Buena Vista Ave. and Tuttle St. , The City Clerk presented the Notice of Vacation. and stated that no correspondence had bee.n received on this matter. She further stated that the time and place of public hearing was set by Resolution of In- tention No. 1927. The M,ayor announced that 'it was the Council 's desire to hear anyone wishing.to speak in favor of or in opposition to this pro'posed vacation. f i: As there was no one present who wished to be heard, the Mayor declared the Public Hearing closed, and the following Resolution.was. offered for adoption. .. ' . Resolution No. 1936. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD VACATING PORTJONS OF BUENA VISTA AVENUE, was adopted by title only and further reading waived. 9. I [zo] (d) Agenda Bill #589. (cont.) Declaring cer- tain property a public nuisance. 0 The City Attorney reported that he was informed by .the Building Inspector that the clearing of the propert;y has Progressed at this point to the satisfaction of the ihspector, and that it was not felt there was amy danger to the health, safety and welfare of surround- ing property. He further reported that the buildings which were to be cleared from the property have not be cleared do to a title problem which should be rem- ~ solved by the first meeting in February. It was his 1 ~ recommendation that this matter be continued to the first meeting in February. I It was agreed by the Council that this matter be con- tinued to the meeting of February'l, 1972. I 1 COUNC*lLME! t- T CITY OF CARLSBAD -5- January 4, 1972 .111 [lo71 (e) Agenda Bi 11 #538. (cont.) Request for 'va- cation of Lot ''E" (Alder Ave.), Carlsbad Manor. Th du ed Do e City Engineer stated that a meeting had been sclie- led for Monday, January 10, 1972 and would be attend nald 'Briggs', Jr. and Dr. Floyd Packard in an attempt by the Associate Planner, the City Engineer, Mr. to estab1ish.a mutual agreement on Lot "E". It was his recommendation that this matter be continued to the next regular meeting. It was agreed" by the Council that this matter be con- tinued to the Council Meeting of January 18, 1972. 8- DEPARTMENTAL REPORTS : A. City Clerk. c 481 1. Agenda Bill #629. General Municipal Election to be held April 71, 1972. The City Clerk explained that this was a routine matte prior to the election.being held and that it was al:;o necessary that she have approval from the Council for the employment of the firm who will print the ballots. Resolution No. 1937. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPEfCI FIED SERVICES TO THE CITY OF CARLSBAD RELATING TO THE ' DONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 11, 1972, was adopted by title only and further reading waived.' Resolution No. 1938.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.CARLSBAD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICI- PAL ELECXJON TO BE HELD IN SAID CITY ON TUESDAY, THE: 1lTH DAY OF APRIL, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS GENERAL LAM CITIES, was adopted by title only and further reading waived. Authorization was given for the employment of' the firm of Martin and Chapman for the printing of the election ballots. The City Clerk briefly reviwed some of the changes in the law that have bee.n made relative to the electio and stated she will 'be attending a seminar in Los Angeles, January '5, 1972 where clarifications can be made on the new laws. OF THE LAWS OF THE STATE.OF CALIFORNIA RELATING TO I B. Engineering. i C731 7. Agenda Bill #630. Request for encro,alc.h ~ ment permit and waiver of fee - Saint Patrick's Schcbol Following an explanation by the City Engineer and dis- cussion by the Council, approval was given the request for an encroachment permit and it was agreed that thle encroachment permit fee in the amount of $35.00, nor" mally assessed, be waived. I ., - : q - r r COUNC.ILMEI a c\%\?,j-p 03" wo\ 3 k;.(i5i --/ ,n ,>j 5 t : I" \*C\ -/z => \.ii: &\-; \ Motion xxx Ayes X Motion xxx Ayes X Motion xxx Ayes X Motion Ayes xxx .. CITY OF r CARLSBAD -0- January 4, 1972 C. Purchasing. E841 1. Agenda Bill 8607. (cont. from 12/7/:71) Lease and/or purchase of Datsun pickups. The Purchasing Agent stated that on December 8, 197'1, notices inviting bids were mailed to six possible . lessors and information was received back from all !six He further stated: that the results have been presented to the Council on the attached sheet to the Agenda 13i1 Following len'gthy discussion by the Council , author.iza tion was given for the lease/purchase of four (4) Dat- sun Pickups from Surfside Datsun, Oceanside at the price indicated by the Purchasing Agent for a period of three years. Further, that the contract reflect a cost of $400.00 per vehicle for the purchase of the pickups at the end of three years. I c841 2. Agenda Bill fr1631. Authorization for purchase of equipment for PEP Personnel. The Personnel Director stated that with the hiring of PEP Personnel, it has'.become necessary to purchase additional Capital Outlay and Operating 1tems.He state a list of necessary items has been attached to the Agenda Bill and purchase of these items must have Coun ci 1 approval. Following discussion, authorization was given for the purchases outlined on the sheet attached to the Agenda Bill and. for transfer of funds as indicated-on the account sheet attached to Agenda Bill #631. - .-:- :.-- .. I D. City Manager. . *. c851 1. Annual Report - 1971. t.2: Acknowledgment was given the Annual. Report for 1971 submitted by the City Manager and it was noted that this report had been re.leased to the press. 9- ORDINANCES FOR ADOPTION: [TO] (a) Agenda Bill 497.. Ordinance No. 3085, amending Chapter 11.24 of the Municipal Code, and Ordi nance Nos. 3025, 3083, and 3086 in regard to Safety Devices for Aquatic Areas, Ordinance No. 3085.. AN 'ORDINANCE OF THE CITY OF CAKLS SAFETY REGULATIONS, was given a second reading and adopted. *. BAD AMENDING CHAPTER 11.24 - AQUATIC AREAS AND DEVICES EXECUTIVE SESSION: The Mayor called for an Executive Session at 9:33 P.M. for the purpose of discussing personnel. f351 he Council reconvened at 10:05 P.M. and the Mayor . announced that the matter of Personnel was discussed and the decision was made to create the position of full time City Attorney with the actual selection of the personnel for that position to be made sometime after the April election. Further, that possible litigation was discussed and no decision made. -7 C I COUNClL!b4EI CITY OF CARLSBAD -7- January 4, 1972 Ir- D. m II 10- ,CONSENT CALENDAR: A. Correspondence - Advisory. - - None. B. Correspondence - Referral. - None. OLD BUSINESS: [37] (a) Report on proposed development and align- ment of Hillside Drive - Donald A. Briggs, Jr. - Councilman Castro reported that at the last regular Council meeting, he was appointed to study and prepare recommendations in an effort to so7ve.the problem crea ed by the proposed alignment of Hillside Drive in connection with the Brigg's property. He further stat- ed he has prepared and distributed to the Council, a written report on his findings and recommendatjon. Mr. Donald A. Briggs, Jr. 4115 Sunnyhill, Carlsbad, requested to be heard by the Council and informed the Council that the proposed alignment of Hillside Drive would be a definite detriment to the development of his property. He further stated that at this time, he felt he was ready to submit an application and Mas- ter Plan for the development of a Planned Community but felt he could not do so until the question of Hillside Drive has been resolved. Lengthy discussion was held on this matter and. follow- ing explanations by the Planning Department staff and the City Engineer, it was determined that no action would be taken on this matter due to the fac.t that: 1) the exact' alignment of Hillside Drive has not been definitely determined at this time and there is no definitive reference to it in t-he General Plan. ' 2) A decision on this?natter would first fall under the juri7diction of the Planning Commission, as set by law. *: It was determined by the Council that Hillside .Drive did not appear to present any problem to the proposed development of the Brigg's prbperty since no alignment had' been set out in the General Plan and further, it was suggested that Mr. Brigg's submit his application to the Planning Department for Public Hearing before the Planning Commission as would be the normal proce- dure. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for payment of bills for the General Expenses of the City in the amount of 1 $31,425.66 and for the Hater Department in the amount of $2,524.31 for the period December 16, 1971 thru December 31, 1972, as certified by the D.irector of Finance and approved by the Auditing Committee. Ratification was given for the payment of the Payroll for $57,789.63 for the period December 16, 1971 thru December 31, 1971, as certified by the Director of Finance and approved by the Auditing Committee. , 4 t COUNCJLMEE 7, ~~ Q $:% F- 1 - Motion Ayes xxx: Motion xxx. Ayes X ,.e CITY OF CARLSBAD COUNCILMEf t -8- I) ADJOURNMENT: By proper motion, the meeting was adjourned at Respectfully submitted, 0