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HomeMy WebLinkAbout1972-02-15; City Council; Minutes7. / & I) .m CITY OF CARLSBAD COUNCfLliJiEi Meeting of: CITY COUNCIL (Regular Meeting:) 7; %.c Date of Meeting: February 15, 1972 L+$ Time of Neeting: 7:OO P.M. Place of Meeting: Counci 1 Chambers. 38 'z- 1- ROLL CALL: 7:OO P.M. 3- PLEDGE OF ALLEGIANCE: 2- INVOCATION was offered by Mayor Dunne. X Present 4- APPROVAL OF MINUTES: 'I I (a) Minutes of the regular meeting held Febru- Motion ary 1, 1972 were approved, as amended. 5- COUNCIL COMMITTEE REPORTS: X Ayes [28] (a) Mayor's Youth Committee. Councilman Lewis reported on the last Mayor's Youth Committee and statec that Recreation Director Sonnhalter explained the summer recreation program and distributed a questionnai regarding fields of interest in the program which shoul be returned to the Parks and Recreation Department by February 18, 1972. Also discussed was the fact that DEFY, due to its success, will phase out the Lifeline Program in this community. Further, discussion was held on the Planning Commission, the downtown area and the Youth Governmental Convention. I 1 .e 1 [69] (b) Parks and Recreation Commission. Councill- man. Lewis stated discussion was held by the Commission on the Freeway Landscaping Plan, the tree planting plan for El Camino Real and the Parks and Recreation Summer Program, as well as the questionnaire distributed by the Recreation Director. [37] (c) Quarterly Newsletter. Councilman Jardine stated a meeting will be held regarding this matter on February 22, 1972 with the City Manager. C551 (d) Trash Col1ec.tion. Councilman Jardine re- ported letters are still coming in requesting waiver of trashr.gol1ection fees due to hardship. He stated he would contact the City Manager regarding this matte Further, Councilman Jardine reported that the City Auditdr, at the request of the City, reviewed the contractors books. of account.for rubbish collection and found them to be in order. However, he stated, th Auditor was unable to make a complete audit a: approxi mately 1/4 of the books were not closed out as yet. It was his suggestion that perhaps the books should be audited one more time next month to cover that quarter The City Attorney was instructed to check into the 90 day provision contained in the trash ordinance. r e - C281 (e) Water Committee. Councilman McComas stated the Water Committee is still studying the water rates and a meeting will be held February 22 to allow the staff review and opinions of the proposed rates. [28] (f) CBDAC Meeting. Mayor Dunne stated at the last CBDAC Meeting, a number of items were discussed, most of which were referred to the City Manager. He! stated that at the present ti.me, the Parks.. and Recre- ation Director is now looking into the m'at.ter of re-, placing some of the downtown trees, an item discussed by the Committee. Also discussed was the fire zone for the downtown area. I .. E681 (9) League of California Ci'ties. Mayor Dunner reported his attendance at the last Ueague meeting. \: ;\ r< c. .r. .:.2 "7.. 2 i -\Ci\ .:;':x, ;+: ' j :? ,-.. ,. $J ;p " 3- xx X xx I CITY OF -2- CARLS0AD 0 February 15, 1972 - 1 6- PUBLIC HEARINGS: The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearing open at 7:34 P.M. [113] (a) Agenda Bill #654. To consider an appeal of the decision of the Planning Commission in denying i3 . request for a change of zone from R-1 to R-DM (Residen- tial-Density Multiple) and adoption of a Specific Plan for a 60-unit apartment complex on property located at the Northwest co’rner of Tamarack Ave. and Jefferson Street. Appellant: Cortez Development Company. The City Clerk presented the Affadavit of Publication and announced that no correspondence had been received, Background‘ information was supplied by the Associate City Planner and it was pointed out to the Council thal another specific plan had been submitted to the Council since the Planning Commission’s denial of this appl-ica tion. He stated that apparently the applicant had attempted to correct the inadequacies pointed out in the reasons for.denia1 by the Planning Commission, by submitting this new specific plan. The Mayor announced that the Council would like to hea from anyone wishing to speak in favor of or in opposi-: tion to this appeal. Mr. James Bree, Developer of the property, spoke in favor of the proposed development and compared the original specific plan, denied by the Planning Commis- sion, against the new specific plan submitted to the Counci 1. .. -:.. Those speaking in opposition to this development were opposed because: 1) It was felt that the area is al- ready over.-populated 2) There is already a serious traffic t4a.zard at the intersection of Tamarack Ave. an Jefferson St. 3) Those residents nearest the proposed development desired the property to remain R-1 zoning. Expressing these views were:. Mr. Sam Jendusa, Mr. Mi randa, Mr. Golden , and Mr. ’James Miller -- a1 1 of Lin Mar Lane. Since there was no one else w.ho wished to be heard, th Mayor declared the Public Hearing closed at 8:17 P.M. Discussion was held by the Council and a comparison of the two proposed plans , exhibited for review, was ma.de A motion was made by. Councilman Jardine to adopt Resolution No. 1950 granting the appeal and Councilman McComas seconded the motion. However, after further discussion, Councilman Jardine withdrew his motion a.nd the following motion was made. It was agreed that the Public Hearing be continued to the meeting of March 21, 1972 and that the matter be referred to the .s-taff for further study. P T= 1 - r d e COUNCl1”E 39 - Motio Ayes ~ j I I X ,, . CITY OF -3- CARLSBAD 0 February 15, 1972 - 3- 7- DEPARTMENTAL REPORTS: A. Engineering and Public Works. E731 1. Agenda Bill #533. Above-ground encroach- ments and underground encroachments - re: Marquees and awnings. It was agreed that this matter be continued to allow time for review by the Building Inspector, City Attorney and the City Engineer. C451 2. Agenda Bill #260. - Supplement #l. Approval of Agreement and the appointment of Assessment Engineer - AD 2-1969 , Highland Drive Sewers. Discussion was held by the Council and an explanation given by the City Engineer. The following Resolution was offered for adoption: Resolution No. 1951. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHOR1,ZING THE EXECUTION OF AN AGREEMENT APPOINT.ING AN ASSESSMENT ENGINEER RE: ASSESSMENT DISTRICT NO. 2-1969, was adopted by title only and further reading waived. B. Finance Department. C291 1. Agenda Bill #655. Request for Capitall Outlay items and transfer of funds. I) Authorization was given for the transfer of funds in the amount of $325.00 from Finance Account #1-106-5.0 tp Finance Account Xl-106-9.1 and the amount of $180.00 from Water Account #W-5044 to Water Account #W-5068,, and approval was given the purchase of certain office items, as requested by ,She Finance Director. C. )'i:Pl anning Department. E991 1. Agenda Bill X656. Request for approval of tentative map for Campobello Development subdivisior Carlsbad Tract 72.-2, located'east of 1-5 between Poin- settia Lane and Palomar Airport Road. Applicant: Financial Scene, Inc. . The City Clerk explained that the tentative map was being presented for approval at this meeting and the Specific Plan would be submitted for approval at the subsequent meeting. Discussion was held :by the Council and the following Resolution was offered for adoption: Resolution No. 1952. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP was adopted by title only and further reading waived. OF CAMPOBELLO DEVELOPMENT, KNOWN AS CARLSBAD TRACT 72- 2 . -. .. COUNCILME 8 ?7?fL\@ 6. \.-.: :? -7' (5\ i, > .,,I . eYt" L2.9 % \>,'.!-, J ,-I-\\ ::qp 1 *Ti\>i- &"'\. , .-..% 4 I! y&?d ";.-zA: so f Motion xxx Ayes X 1 Motion xxx Ayes X , Motion x xx Ayes X k- 0 P w= CITY OF CARLSBAD -4- February 15, 1972 BpaQ [99] 2. Agenda Bill #657. Request for approv(a1 of tentative map for Highland Townhouses subdivision Carlsbad Tract 71-4, located at the Southeast corner of Highland Drive and Magnolia Ave. Applicant: Rober L. Means. Following a short discussion, Resolution No. 1953 Wi3S offered for adoption. Resolution No. 1953. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP OF HIGHLAND TOWNHOUSES, -KNOWN AS CARLSBAD TRACT 71-4, was adopted by title only and further reading waived. EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 9:15 P.M. for the purpose of discussing personnel and li-ti- gation. The Council reconvened at 1O:lO P.M. and the Mayor announced that personnel and certain'legal problems were 'discussed. c201 He stated with regard to Mr. Adler's letter in connect with the Water Systems Improvement Project that it was the-decision of the Council that the City Attorney be instructed to inform Mr. Adler by mail that the City of Carlsbad has complied with all the le$al requiremen necessary throughout- thjs project. C761 Also, the City Clerk was instructed to prepare a list of the vacancies that will be available in the Plannin Commission within the next few months. Further, the appointmen.; of Tony Howard-Jones, Pat Palmer aa,$ J. C. McClellan to the Citizen's Service Award Comm.ittee was made. E281 E381 * Also, the Mayor announced that the amending 'of the Ordinance as to the duties, rights and responsibilitie of the City Manager would be reviewed by the Council and hopefully discussed at the next regular meeting.. D. Parks and Recreation. ~701 1. Agenda Bill #658. Approval of proposal for summe'r and partial year-round recreation program. The Parks and Recreation Director stated that Mr. Johr Sonnhalter, Recreation Director, was present to preser the proposed plan to Council. The Recreation .Director outlined the proposed recrea- tion program and following discussion by the Council, the.proposed summer recreation program was approved in substance and specific approval was given the famil fitness portion as to the expenditure of funds with the understanding that funds are available in the Parks and Recreation budget, as indicated by the stalfl IF t ic t! s is I It k COUNCILME ! ~ i - 0 - P CITY OF CARLSBAD -5- February 15, 1972 'D5 smrm?a E701 2. Agenda Bill #659. Approval of Freeway Landscape Plans. The Parks and Recreation Director displayed three maps depicting the scope of landscaping to be done by the State Division of Highways through Carlsbad on Inter- state-5, and elaborated on the type of landscaping whicl will be done. It was agreed by' the Council that approval be given the Freeway Landscaping Plans and that a letter be written by the Mayor to the State Division bf Highways thanking them for their cooperation. I ~701 3. Agenda Bi 11 #660. Approval of Plan for El Camino Tree planting. The Parks and Recreation Director reviewed the plans for El Camino Tree planting, and following a short discussion, it was agreed by the Council that approval be given the plans for El Camino Tree planting, as presented by the Director of Parks and Recreation. E701 4. Departmental Status Report. Acknowledge- ment was given the status report and a short discussion was held. E. Pol i ce Department. E781 ' 1. Agenda Bill #661. Approval of applicatio- for grant for Law Enforcement Purposes. A. presentation was made by the Chief of Police. He stated that the funds that would be obtained from this grant.wou1d be used in establishing and implementing an effective in-service- training program for police personnel through the purchase and use of audio-visual equi pmenf.i: aids , and materi a1 s . Following discussion of this matter by the Council, Resolution No. 1954 was offered for adoption. . Resolution No. 1954. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD'TO OBTAIN FUNDS FOR EDUCATION AND TRAINING, was adopted by title only and further reading wai ved. *, F. City Manager. ~701 1. Agenda. Bill #652.- - Supplement #l. Proposal by Rutan &.Tucker as Bond Counsel for Parks and Recreation Bond Issue. It was agreed th'at the proposal submitted by the firm of Rutan and Tucker be accepted and authorization was given to retain Rutan and Tucker as Bond Counsel for the Parks and Recreation Bond Issue, in accordance ,wtth the conditions as stated by the'City Manager.. .. eQUNClLME Motion xxx Ayes X Motion xxx Ayes X I Motion xxx Ayes X . Motion xx x Ayes X. CITY OF CARLSBAD -6- February 15, 1972 2. Agenda Bill #662. Approval of' Tri-City Auto Dealer's Association Agreement. 7 ~ The City Manager requested that his matter be continued as it was the request of the representative of the Auto Dealer's Association that members of the Association , be given time'to review the agreement before Council action. I It was agreed that this matter be continued to the next regular meeting and the Mayor requested review of this agreement also by Councilman Jardine and Counc-il- man..: McComas, ad hoc committee members of this project. G. City Attorney's .Report. - There was no report made. 8- ORDINANCE-S FOR ADOPTION. C301 (a) Agenda Bill #643. Ordinance #9291, amend- Bng Ordinance No. 9060, and Title 21 of the Municipal Code, re - Walls, Fences, and Hedges. Ordinance No. 9291. AN ORDINANCE OF THE CITY OF CARLS- AMENDING ORDINANCE NO. 9060, SECTION 1612, AND CARLSBAC MUNICIPAL CODE TITLE 21, CHAPTER 21.46, SECTION 21.46.130 WALLS, FENCES OR HEDGES, was given a second reading by title only and adopted. [113] (b) Agenda Bill #644. Ordinance #9292, adopting a speci'fic plan for grading (Bernard Citron property) Ordinance No. 9292. AN ORDINANCE OF THE CITY OF CARLS BAD ADOPTING A SPECIFIC PLAN FOR GRADING ON PROPERTY LOCATED EASTERLY OF JEFFERSON STREET, SOUTHERLY OF STATE HIGHWAY 78, AND NORTHERLY OF THE PROPOSED MARKON ROAD, was given a second reading by title only and adopted. 9- ORDINANCES FOR INTRODUCTION. [731 * (a) Agenda Bill #459.. - Supplement #l. Ordinan #6043, permitting and regulatjng parades upon streets and pub1 i c property. f.2: - Cl Discussion was held reg.arding Section 1 of Ordinance #6043, and it was agreed by the Council that the last two lines as proposed be deleted and that the sentence would end with the words ''a permit to do so". Ordinance No. 6043. AN ORDINANCE OF THE CITY OF CARLS- BAD PROVIDING FOR PARADE PERMITS, as amended, was giver a first reading.by tjtle only and further reading wai ved. 10- CONSENT CALENDAR: I A. Correspondence - Advisory. - Acknowledgment was given advisory correspondence. I I) E701 B. Correspondence - Referral. - Discussion en- sued regarding the letter from Supervisor Craven, dated February 7, 1972 regarding the Buena Vista Lagoor Mayor Dunne stated he had written a letter requesting a clarification. ., ,. COUNCILME1 \;;;"; a "\$; --i * ,: .. , o\ , /? &".(J Ti? i..*\--,C 0- 43 u .-* i5:$: . 3.ssI&m Motion xx x Ayes X Motion Noes xxx Ayes X e Motion xxx Ayes X CITY OF -7- CARkSBr4iD .. February 15, 1972 - D F I C. Proclamation. I [sol 1. Agenda Bill X663. Proclaiming the month of February, 1972, as National Anniversary Scout-Ex- plorer month - Boy Scouts of America. The Mayor read the proclamation in full and declared the month of February, 1972, as National Anniversary Scout-Explorer month. 1 11- CONTINUED 'BUSINESS: I I 1621 (a) Agenda Bill X641. (continued from January 18, 1972). Charter City vs. General Law City. I The City Manager stated that at the request of the Cit Council, this date was set for the staff to present a report to the Council on Charter City vs. General Law City, however, he further stated that due to a number of studies all needing concentrated effort on the part of the staff, no report has'been prepared. He request ed permission to submit a list of items now under stud at the next Council meeting so that he may have some priority guidance from the Council. Reviewing a partial list presented by the City Manager it was agreed by the Council that a list of priorities should be determined on those matters now under study. Councilman McComas pointed out that it is important that a staff reaction from various departments be sub- mitted in order for a decision to be made by the Coun- cil as to whether or not this mat,ter should be placed on the November ballot. ADDITIONAL BUSINESS: , [731 (a) Agenda Bf 11 #644 - Supplement #l . Agree- lment re: Method of Handling the filling of a portion of Buenaf.Y.ista Lagoon. (Bernard Citron) Y ~ Y The City Engineer reviewed the method of. handling the filling of that portion of the lagoon for which Mr. Citron has received a grading.0permi-t and stated this has been agreed upon by the Vista Sanitation District who are joint owners with the City of Carlsbap. He further stated if approval is. given by the Council, this matter will be presented to the Joint Advisory .Board for their approval. Following discussion, approval was given the agreement between the City of Carlsbad, the Vista.Sanitation District and Mr. Bernard Citron for the method of hand ling the fill along the southeast side of Jefferson Street, and northerly of the proposed Marron Road, as presented by the City Engineer and authorization was given the Mayor to execute said agreement on behalf of the City of Carlsbad. - I;;] (b) Agenda Bill # 666. Request for condemnatior ro eedings for sewer easement in connection with main sewer trunk line (Occidental Oil Corporation). The City Engineer explained that the property owners of land, previously owned by H .B. Development Corpora- tion, and known as South Carlsbad Annexation 1.7, has attempted to obtain an easement for a sewer line along the railroad right-of-way but have been informed by the COUNCILME; 44 - Moti Ayes Noes ~ I I ~ I i on x xx ' X & D "5" CITY OF -8-cb8LSBAD February 15, 1972 s_j Title Company that the railroad right-of-way easement was dedicated for railroad purposes only. .He stated that in view of this fact, Occidental Oil Corporation, owners, and Sequoia Pacific, dzvelopers of a portion o the property, are requesting assistance from the City to obtain this easement through condemnation proceedin which preclude any cloud on the title. The City Engin stated that the parties requesting condemnation have agreed to pay all costs. lf~ gr let Various other al'ternatives for the location of the sewer line were presented by the City Engineer and he reviewed the possible problem that- could be encounler- ed by any other location than the railroad easement. Mr. Walt McKinley, Sequoia Pacific, informed the Counci' that they did not care where the sewer easement was, only that a sewer line was available. The City Eng-inee. pointed out that this main trunk line would serve the area north of Batiquitos Lagoon between.the A.T. & S-F. Railroad and El Camino Real and would tie in with the Leucadia-Encinitas line, and recommended to the Council that the sewer line be located .in the railroad righ-t- of-way as the best available location from an Engineer- ing point of view. Following lengthy discussion by the Council, it was agreed that the City Attorney be instructed to draw an agreement with the parties requesing condemnation proceedings, indicating their willingness to pay alI costs, and return said agreement to the Council for approval. C1071 (c) Agenda Bill #538. Vacation of Lot "E''I Acknowledgment was givematter Peceived from Mr. BriggS and it was agreed that since it was not on -the Agenda, no discussion would be held on this matter at this time. [IlO]. (d9.j: Water District Agreements. The City Manage stated that two agreements have been drawn; one with the Olivenhain Water District and one with the San Marcos Water District in connection with the pr.opost?d La Costa annexati'on, and reqirgsted Council action. 1 Approval was given the two agreements and authorizatior was given the Mayor and City Clerk to execute the agreements on behalf of the City. E381 (c) City Manager's Meeting. Acknowledgment was given the reportsubmitted bS/ the City Manager and ratification was given for the-expenditure of funds as presented by the City Manager for his attendance at: the International Ci-ty Manager's Association Meeting. E781 '(d) Unlighted Bicycles. Councilman Jardine acknowledged receipt of the police log on bicycleg.warn ings and citations, and stated its disposition has improved. However, he stated he felt that the issue of.unlighted bicycles should pr,ece.ded by all other .' bicycle tiolations; COUNGILR/fEi 45 - 5 3r 1 r Motio Ayes n X .x x x & P CITY OF CARLSBAD -9- February 15, 1972 R - 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for payment of bills for the General Expenses of the City in .the amount of $50,398.84 and for the Water Department in the amount of $43,494.32 for the period February 1, 1972 thru February 15, 1972, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given for the payment of the payroll for $57.463.80 for the period February 1, 1972 thru February 15, 1972, as certified by the Director of Finance. and approved by the Auditing Committee. 13- ADJOURNMENT: By proper motion, the meeting was adjourned at 12:25 A.M. Respectfully submitted, ~2"%f&YYq2d MA-G ET E. ADA S City,. C1 erk . .. t 2: .* . . .. .. CCjLlNClLME 1 ~ I ~