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HomeMy WebLinkAbout1972-04-04; City Council; Minutes'I f 6 CITY OF CARLSBAD COLlNCiLME I Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: April 4, 1972 Time of Meeting: 7:OO P.M. . Place of Meeting: Council Chambers " b- e 1- ROLL CALL : Councilman Castro arrived at 7:lO P.M. 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE: .4- 'APPROVAL OF MINUTES: (a) Minutes of the regular meeting of March 21, 1972 were approved as presented. [37] Recognition of Council Member. Councilman McComas stated acknowledgement should be given Council man Jardine for his time, effort and dedication wh'ile serving as a member of the City Council for the past eight (8) years. Mayor Dunne further stated that Councilman Jardine has often times been given diff'icul tasks in working on various committees during these years and never failed to do the job to his utmost ability and to the satisfaction of the Council. Councilman Lewis indicated his agreement with these comments. Councilman Jardine stated that it had been' a pleasure to serve on the City Council for the past eight yezlrs. The City Attorney was instructed to draw a Resolutiion offically recognizing and commending Councilman Jardin for his dedication and service as a member of the Carlsbad City Council. 5- COUNCIL COMMITTEE REPORTS: [55] (a) Refuse Collection Audit. Councilman Jar- dine inquired of the .City Manager if the City Auditor had indicated a specific date when the books-of the Refus'e Collection Contractor will be audited and the City Manager stated no definite date had been set. Further, Councilman Jardine stated he would like the City Manager to contact the Auditor and report to the Council a definite date of audit, at the next regular Council meeting. [28] (b) Mayor's Youth Committee. Councilman Lewis reported on the last Mayor's Youth Committee meeting and stated it was a short meeting due to committee memb.ers' presence at the Can-didate's .Forum. He stated further that the members who attended the Convention during the Easter week, will be available to make a presentation to .the Council at the next meeting. Also discussed was Life Line. In answer to an inquir) by the Mayor with regard to the Parks Bond, Councilman Lewis stated it appeared that the Youths were in support of the Park Bond Issue. [55] (c) Letter of Complaint re: Refuse Disposal . Fees. Mayor Dunne stated a letter had been received from Mr. Sidney H. Hilliard, 320 Walnut Avenue, Carlsba.d, dated March '31.; 1972 with regard to an over charge in refuse disposal fees and the City's u'nwill- ingness to respond to any of the five letters he had written; the first letter having been written on November 8, 1971 in which he inquired about procedure of "unrented units" with regard to refuse disposal' fees. \\! 2- 0 60 ywg, &\a 3 Present Absent Motion Ayes Absent X X .*a w ;,p GJ? p a%-.p XI X xx I I i i I ~ .< i CITY OF CARLSEAD GOUi\l&ILhE - April 4, 1972 2- ,m I !ff \;it -r' i n,,,. i. * Councilman Castro arrived at 7:lO P.M. [llO] Lengthy discussion was held and it was pointed out that that a letter was received by Mr. Hilliard on January 20, 1972 from the.Water Department stating that they had made attempts to contact him but that an inspection of the property indicated two entrances 'and further stating that until such time as Mr. Hillia could pr,esent them with information to the contrary, they would continue to bill him. The City Manager stated he would 1ik.e to further research the matter in connection with the other letters Mr. Hilliard sent to the City to deter- mine which department.these letters were actually routed and further he would like to meet with r. 1 the staff and discuss this matter. He also stated I he would respond to the letter from Mr. Killiard and report back to the Council at the next meeting. I I ~d ~. ~ 1 [lo61 (d) Encina Desalting Plant. Mayor Dunne state that he had studied the reDorts from Bechtel and Kais Engineering with regard to the desalting plant and also met with Mayor Wilson and Mr. Zitlau of San Dieg Gas and Electric Co., and he felt strongly that this matter should be opposed by the City of Carlsbad sinc it is of no benefit to the City. He further stated that it would only be profitable, from what he has determined, to San Diego Gas & Electric, the City of San Diego and Kaiser and Bechtel Engineering. Mayor Dunne stated he had a Resolution prepared opposing the location of the desalting plant which he would not present for action at this meeting but would like the Council to review and consider prior to the next meeting. He also stated that CMWD had reviewed the reports on the desalting plant and have indicated that- they would be in favor of it. d er 0 e [25] (e) La Costa Annexation. Mayor Dunne stated the La Costa Annexation was heavid April 3, 1972 by LAFCO and approved .by a 6 to 1 vote. e?!,!, ..I [22] (f) C.P.O. Policy Committee. Mayor Dunne informed the Council that a Resolution will. be presen ti - ed at the next meeting of the C.P.O. Policy Committee to conduct research on Palomar Airport with regard to another run-way, as a general airport not a major airport. Also, discussion will be held regarding lan use zoning around Palomar Airport. 1, The City Manager added that a study is being conducte relative to this matter, which is to entail zoning requirements, fire protection and various facets in connection with the airport.. When the st.udy is com- pleted, a report will be made to the Council. .I 1 @ E341 (9) Chamber of Commerce. Councilman Castro stated he had audited the bills for the Chamber of Commerce and found them to be correct to-the best ,of his knowledge. He recommended that the bil1,s in the amount of $1,627.49 be ratified at this time, and this amount be reimbursed the Chamber. Further, he stated that'the unexpended amount remaining in the Chamber balance was $1,948.35. Motion Ayes I Mayor Dunne inquired of the Chamber Manager if the unexpended amount would fall short'prior to the 72-73 fiscal budget and he was informed by the Chamber Manager that it was felt the remain.Ing amount would be adequate. I ->. X A$ ;e ai4 Fj " xx ,, CITY OF -3,CARLSBAD 0- m ADri1 4. 1972 - [SI] (h) School Sites. The City Manager stated that the City staff, the School District staff, and some large developers have been considering forth- coming development regarding school sites. [371 (i) Representation for the Mexican-American People. Councilman Castro stated he would like per-- mission to use the -vacant office in the Council Cham- bers,to be available at least once a week for whatever hours determined necessary to assist those people, primarily Mexican-American, who do not wish to bring their problems into the City Hall, per se -- either for reasons, such as language barrier, or any other reason. He stated that this position would become effective' upon re-election as Councilman, if re-electi is the desire of the voters. It was the consensus of opinion that the use of this office for that purpose would be very beneficial and desirable and permission was granted Councilman Castro. I [371 (j) Quarterly Newsletter. Councilman Jardine stated that a letter had been received from Mr. Sam Henry with regard to the newsletter and it was agreed that Mr. Henry's proposal be a'ccepted and that it be presented for inclusion in the 1972-73 budget. 6- HOUSING AUTHORITY: [lo51 The Council adjourned to the Housing Authority at 7:25 P.M. and reconvened to the Council Meeting at 7:27 P.M., with all Councilmen present. 7- PUBLIC HEARINGS: The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearing open. [1131.. (a) Agenda Bill #654. (cont. from 3-21-72) To consider an appeal.of the decision of the Plann.ing Commission in denY!ng a request for change of zone from R-1 to RD-M (Residential Density-Multiple) and adoption of a Specific Plan for 60-unit apartment complex on property located at Tamarack Ave. and Jefferson St. - Applicant: Cortez Development. Corp. I The City Clerk stated the Affad.avit Of Publication had been presented at the last regular,meeting and thc no correspondence had been received on this matter. The Associate Planner stated this matter was considered at the last Council meeting ahd due to the fact that the developer had a revised rendering of the Specific Plan,in an effort to correct the inadequz cies of the original Specific Plan, the matter was refe'rred back to the Planning Commission for review of the revised Specific Plan and for the Commission's comments. He further stated that the Planning Commission did review the revised rendering and COII- curred with the changes that were made. In an effort to clarify the Planning Commi.ssion's stand on this matter,'the Associate Planner stated that the PJannin! Commission's recommendation for denial had not change( merely that the Planning -Commission concurred that the revised Specific Plan was an improvement. COUNCILME 3 ". CITY OF -4- CARLSBAD COUNCftME - a @ April 4, 1972 ,.p; a sp\ qc ph 2: r- -3 I L r Lengthy discussion was held on the proposed develop- ment, with questions answered by the Associate Planner and Mr. Bree, Developer of the property. Councilman Castro stated that he had had discussion with some of the adjacent property owners and it was I his understanding that they would be present at the .meetin'g to express, again, their opposition to the proposed' development. Mr. Bree informed the Council that he felt the reason there was no one present to oppose the development was due to 'the fact that he had recently held a meeting with adjacent property owners who .expressed opposition and felt that follow- ing the meeting, the adjacent property owners realized .that a development such as he was proposing was the only economically feasible way that property could be devel oped. I Following further discussion, it was agreed that the Council grant the appeal of the decision of the Planni Commission and that the matter be referred back to the Planning Cornmission fcr report. [113] (b) Agenda.Bil1 #701. To consider a request for change of zone from R-1 and R-3 to C-2: (General Commercial) zone and adoption of Specific Plan for freeway-oriented facilities located on the Northwest Quadrant of Interstate-5 and Elm Avenue - Applicant: Standard Oil Co. of Calif. and John Grant (Sandy's Restaurant). The City Clerk presented the Affadavit of Publication and stated no correspondence had been received. The Associate Planner stated that a rendering was exhibited for Council review and that the proposal called for the replocation of the existing Standard Oil Station at 1-5 and Elm Avenue. Re-location would involve a short distance from its present location. The Mayor announced the Council would. like to hear from anyone wishing to'speak in favor of or in opposi tion -to the proposed development. There was no one wishing to speak in opposition and Mr. John Grant - co-owner- made his presence known in the event the Council wished to direct questions t him. Further, he stated that Sandy's Restaurant was a subsidiary of Denny's Restaurant. The Mayor declar ed the Public Hearing closed.at 8:15 P.M. - .o b- Discussion was held regarding this matter and referenc was made to the cul-de-sac and Grand Avenue being used only as an emergency exit. The City Engineer stated a second phase of development is planned for'that area and at that time, justification could be.made for its, use as a road. At this time, however; it will be used only as an emergency exit. In answer to a ques4 tion posed by the Council, Mr. Grant stated thatthe seating capacity of the restaurant will be 150. I 'g Motion I Ayes i .. IX ? The following Resolution and Ordinances were of?ered: Resolution No. 1974. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCTNG FINDINGS AND DECISION REGARDING CHANGE OF ZOF.!E FROM R-1 AND R-3' TO C-2 (General Commercial) ZONE AND ADOPTION 0F.A SPECIFIC PLAN ON PROPERTY LOCATED ON THE NORTHWEST : Motion QUANDRANT OF INTERSTATE-5 AND ELM AVENUE, was adopted ' Ayes by title only and further readin'g waived. X $?' ;Qk, e=-. \-I 1. X xx X xx .,, CITY OF - 'CARLSBAD -5- April 4, 1972 - e 0 qFrs 'I - Ordinance No. 9298. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING A SPECIFIC PLAN ON STATE-5 AND ELM AVENUE, (dohn Grant & Std. Oil - Sandy's Restaurant), was given a first reading by tit1 only and further reading waived. PROPERTY LOCATED ON THE NORTHWEST QUADRANT OF INTER- Ordinance No. 9299. AN ORDINANCE OF THE CITY OF CARLS BAD AMENDING ORDINANCE NO. 9060, CHANGING CERTAIN DE- SIGNATED PROPERTY LOCATED ON THE NORTHWEST QUADRANT OF INTERSTATE-5 AND ELM AVENUE, (J.ohn Grant & Std. Oil Sandy's Restaurant), was given a first reading by title only and further reading waived. [113.] (c) Agenda Bill #702. To consider a request for a zone change from C-1 to C-2 and adoption of a Specific Plan for construction of a restaurant on property located at 850 Tamarack Avenue. -(John Mabee - Daisy's Restaurant). The City Clerk presented the Affadavit of Publication and reported that no correspondence had been received on this matter. The Mayor announced that the Council would. like to hear from anyone wishing to speak in favor of or in opposition to this proposed development. Mr. Gene Smith, 6258 Laurel St., San Diego, representa tive for Daisy's Restaurant, offered background in- formation on Daisy's Restaurant, stating it was a subsidiary of Big Bear Markets and there are five restaurants already in existance. Further, he stated the proposed plan for Daisy's Restaurant will have a seating capacity of 235 people and is designed to have a large banquet facility and a cocktail lounge. Mr. Robert T. Little, Hibiscus Circle, stated his opposition to the proposed development due to the fact that he felt strongly, a cocktail lounge should not be located in the vicinity of a school. He stzttec that both Jefferson Street School and Saint Patrick's School were located in close proximity to the proposec development and felt a cocktail lounge would be dangerous to the children who must cross the stlreel .on their way home from school. Since there was no one else who wished to be heard, the .Mayor declared the Public Hearing closed at 8:28 F Lengthy discussion ensued by the Counci1:and the following comments were made by members of the Counci' Councilman McComas stated at the time the original Spec.ific Plan was approved, he was a member of the Planning Commission and the only reservation he had on the matter before the Council now, is the thought that at the time the original Specific Plan was approved, a factor in the decision of the Plannin Commission was that no cocktail lounge was included in the Specific Plan. .Further, he stated he wwuld like the minutes of the Planning Commission, refle,ct- ing the approval of the original Specific Plan, re- viewed prior to a decision being made on this'matter, and stated the original Specific Plan was approved.by the Planning Commission approximately five years ago. I - I. %QUNC!bME ,*~ CITY OF. CARLSBAD ai- * T - -6- April 4, 1972 - I Councilman Castro stated he did not feel the location of the cocktail lounge would be any more hazardous than any other location where liquor is served or purchased in the City of Carlsbad. Councilman Lewis expressed his agreement with Mr. . Little.in the opposition of the cocktail lounge but it was agreed by all members of the Counci1,'there was no objection whatever to this location for a res-. taurant. Mr. Smith stated that he was sure if it was the de- cision of the Council to exclude liquor from the p'ro- posed premises, the application would be withdrawn due to the fact a 1arge.ban uet. room is included in the plans and would be ulilized by a variety of clubs and fraternities. Also, he stated the ABC hiId already indicated approval.. The Mayor declared a recess at 8:40 P.M. to allow the Associate Planner time to review the minutes of the Public Hearing held. by the Planning Commission wit- regard to the original Specific Plan, as requested by Councilman McComas. The Council reconvened at 8:510 P.! The Associate Planner stated after reviewing the min- utes of the Planning Commission at which time a Pub- licl:Hearing was held on the original Specific Plan, it appeared that no discussion was held on the matter of a cocktail lounge. The following Resolution and Ordinances were offerled:, .. Resolution No. 1975. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DE,CISI I REGARDING CHANGE OF ZONE FROM C-7 TO C-2 (General Commercial) ZONE AND.ADOPTION OF A SPECIFIC PLAN ON PR0PE.RTY LOCATED AT 850 TAMARACK AVENUE (Mabee - Daisy's Restaurant), was adopted by title only and further .reading waived. Ordinance No. 9300. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AD0,PTING A SPECIFIC PLAN OIV PROPERTY LOCATED AT 850 TAMARACK AVENUE (Mabee-Daisy's Restaurant), was given a first reading by title only 'and further reading waived. Ordinance No. 9301. AN ORDINANCE OF THE CITY OF CARLS- BAD 'AM'ENDING ORDINANCE NO. 9'060 CHANGING CERTAIN DE- I SIGNATED PROPERTY LOCATED AT 850 TAMARACK AVENUE FROM C-1 TO C-2 (General Commercial) ZONE. (Mabee-Daisy's Restaurant), was given a first reading by title only and further reading waived. 8- ' DEPARTMENTAL REPORTS: ' C481 A. City Clerk. ~ I 1. Agenda Bill #703. Resolution #1796 !, 1 ordering the canvass of the General MuniciPal Election I ' to be he1 d on the 11 th day of April, 1972 ,' to be made by the City Clerk. COUNCILME 7 - 1 1. IN Moti Ryes Noes Moti Ayes Noes I Moti Ayes Noes .. I I I -\c' 5\;: .f: i--\ -*.%x x xx .I Xk X xx I I I ~ CITY OF CARLSBAD ,, hrUUNClLME -7- April 4, 1972 0 Resolution No. 1976. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 11th DAY OF APRIL, 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF CARLSBAD, was adopted by title only and fu reading waived. B. Engineering. [971 ' 1. Agenda Bill #528. - Supplement #2. Accepting the work for Contract #1007, Chestnut Ave., and resurfacing various city streets. The work under Contract No. 1007, Chestnut Ave. con- struction and resurfacing various'city streets, was accepted, as recommended by the City Engineer, and the City Clerk was instructed to record the Notice Completion and to release the Bonds 35 days after Notice of Completion has been recorded. E261 2. Agenda Bill #260. - Supplement #l. Approval of special counsel agreement for Highland Drive Sewer - AD 2-1969. The City Engineer stated he had discussed the matter of appointing a firm to handle the legal proceedings of the District and the City Attorney agreed that a firm experienced in these matters was essential to insure . the proper legal proceedings under the pr visions of the 1911 Act, also for Cannon Road St. ment. Authorization was given the Mayor to execute- an Ag,ree- ment on behalf of the City between the City and Wo Crake, Collins & Ward, Attorneys at Law, for legal services in regard to the Highland Drive Assessment District 2-1969 and for Assessment District #1-1970 for Cannon Road Street Improvement. [831 3. Other Engineering Matters. Discussion was held by the Council regarding the Assessment District on Cannon Road and the City Engineer statled the desi n is nearing completion but that they are awai 9 ing further progress on the Auto Center. He further stated the property owners on the south side have not indicated whether or not they will parti- cipate in. this assessment district but it will be pre- ment district. The Council stated their desire to have an answer one way or the other from these proper- ty owners prior to the Public Hearing by- the Council. Also discussed was the replacement of reflectors and the City Engineer stated he did receive a reply from the Division of Highways and the reflectors are now installed. The Mayor inquired about the drainage under the Elm Avenue bridge -and the City Engineer informed the Council that the staff had hoped for some rain to assist in determining if the drainage is sufficient but since no rain has fallen, it is difficult to tellhat this time. . . sented the night of the Pub1.ic Hearing on the assess- 0 * C. " Planning. ' c941:' 1. Agenda Bill #7@4. Approving tentative map for Tri-City Auto Plaza. Discussion was held regarding the intersection of Cannon Road in connection with the' Auto Center. The following Resolution was offered for adoption. ,. , CITY OF -8- CARLSBAD COUNCILMEN adopted by title only and further reading waived. ' Resolution No. 1980. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRE.EMENT BETWEEN THE CITY OF CARLSBAD . AND THE STATE OF CALIFORNIA TO CONDUCT A POPULATION control devices. Resolution No. 1978. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING, ESTABLISHING AND PROMULGATING WARRANTS TO BE USED FOR THE PURPOSE OF PROTECTING STUDENTS GOING TO AND FROM SCHO0.L AND FOR was adopted by title only and further reading waived; as recommended by the City Engineer and Traffic Safe- ty Commission. E. -City Council. (a) City Ambulance'Service. Discussion was held regarding the proposal submitted by the Fire Chief with regard to City Ambulance Service and Councilman Castro stated he had requested this informa to compile a report on this matter and refer it to , the Council. (b) Design Criteria. Councilman Lewis inquired of the City Manager what progress has develop ed since discussion was held on the desi,gn criteria for builders and developers. He further stated - this is in reference to his request some time ago thlat two or three designs be pre'pared for, reference by builders and developers. The City Mana er stated some progress has been made with regard !o deslgn criteria and the staff is compiling information on design concepts and graphic illustrations far the preparation of a manual to be used by builders and developers. He further stated. that some of theodevel- 2, CITY OF - CARLSBAD COUN CI LR4 E -Y- April 4, 1972 E w p 7 7 \% I 1791 (c) Flags. Discussion was held regard.ing the flying of the American Flag and the State of California Flag day and night. The City Manager sitat- ed that he had checked with a number of military sources and was assured that the Flags could be flown at night as long as they were illuminated - except during incl.ement weather. It was agreed by the Coun- .cil that the illumination of the Flags at night in front of. the City Hall was not adequate. A motion was made that the Flags be taken down at the City Hall Complex at an appropriate hour in the evening until such time as additional and adequate illuminat-ion is provided for the specific purpose of illuminating the Flags. 1791 (d) Policy for Use of Council Chambers.. Acknowledgement was given. the memorandum to the Ci-Ey Council from the City Manager, dated March 30, 1972 regarding the use of the Council Chambers. Also Mayor Dunne stated that he had written a let2c.r to Mr. Fred Maerkle, President. of the Board of Direc- tors of Carlsbad Municipal Water District with regard to joint meetings with the City for the attendance by the general public and the possibility of using the Council Chambers as a place of meeting. F. City Manager. ~321 1. Agenda Bill #706. Stating intention to bud.get funds for installation of automatic crossing gates at railroad crossings. (PUC Order fF9328) Lengthy discussion was held on this matter and the matter of excessive speed on trains through the City of Carlsbad. It was fe1t.that the request for the installation of automatic crossing gates at the three crossings in Carlsbad was an unfair request and an added financial burden to the City which did not appear necessary. It was pointed out that there have been no known railroad crossing accidents in the City of.Carlsbad - that the two incidents which - occurred in recent years were determined non-accidenta and perhaps if the speed limit of trains through --. Carlsbad were lowered, it may alter the decision to have crossing gates. I It was agreed that a letter be prepared for the Mayor3 signature addressed to the Public Utilities Commission requesting that if a Puh1i.c Hearing is to be held on the grade crossings, that the hearing be held in the City of Carlsbad. [35] G. City Attorney, Thepe was no report request- ed ,from the City Attorney. I I I 9- ORDINANCES FOR ADOPTION: [43] (a) Agenda Bill #697. Ordinance No. 9297, regarding Conditional Use Permit for circuses and carnivals. ~~ Motion Ayes I Motion Ayes z& I Ordinance No. 9297. AN ORDINANCE OF THE CITY OF C,ARLS BAD REGARDING CONDITIONAL USE PERMIT FOR CIRCUSES f\ND t I CARNIVALS; AMENDING SECTION 21.42.010 '(2)(d) OF THE: Motion CARLSBAD MUNICIPAL CODE: AMENDING ORDINANCE NOS. 9274, Ayes 9252, 9249, 9241, 9239 , 9212 , 9205, 9090, and 9060,, was given a seconding reading by' title only and adopted. I I @($ 3 4" "= &? ks I X xxx X xxx I X xx x ', CITY OF CARLSBAD -1.0 - April 4, 1972 c3El)e 10- ORDINANCES FOR INTRODUCTION: C731 (a) Agenda Bill 8533. - Supplement 81. Ordinance No. 8060, regarding encroachment permits fo marquees, awnings and building mounted signs. Following brief discussion, Ordinance No. 8060 was offered for a first reading. Ordinance No. 8060. AN ORDINANCE OF THE CITY OF CARL BAD ADDING SECTION 11.04.120 TO CHAPTER 11.040 OF THE CARLSBAD MUNICIPAL CODE, was given a first reading by title only and further reading waived. '70-24J (b). Agenda Bill 8707. Ordinance No. 3090, prohibiting presence of dogs and the playing of golf in parks and beaches. Discussion ensued regardi.ng. the prohibition of dogs in parks and beaches. The discussion centered prilmar ly with regard to dogs 'on beaches. Mr. Hunter Cook, 4086 Sunnyhill Drive, stated.his opposition to -dogs being prohibited from beaches 'du'e't the fact he felt th-at dogs create little problem in the beach area and it is a good place for them to exercise. Further, Mrs. Martha Dix stated that a re- cent Court decision which took place in San Diego concerning dogs entering upon public property should be investigated. After further discussion, it was agreed due to a recent court decision concerning dogs entering public property, that the City Attorney be instructed to research the decision and that the matter be continue to.the next regular meeting. Further, it was suggest ed that an invitation be extended to the County Veter inarian's Office-to attend the next regular meeting. [Sll (c) Agenda Bill #674. - Supplement #l. Ordinance No. 2031, establishing Fire Zone No. 2. Ordinance No. 2031. AN ORDINANCE ESTABLISHING FIRE ZONE. (Amending Ordinance No. 2027.) was given a first reading by title only and further reading waive 11 - CONSENT CALE'NDAR: [lo21 A. Agenda Bill #708. Correspondence - Advisbr Acknowledgement was given a -letter from the State Department of Public Works, State of California, date March 23, 1972, indicating Carlsbad's share of the apportionment of California's'federal TOPICS funds for fiscal year '1971-72 and 1972-73. The City Engine informed the Councii a further report would be sub- mitted to the City Council at a later date as to the use of these Yunds. * l I I d - " d 'Y Nd !e I COUNCILME 7 g i: ~~ " ".rn Motion X Ayes XX) Motion 7 I . Ayes xx: r 1" CITY OF -11- CARLSBP,D April 4, 1972 P 0 e [so] B. Agenda Bill #709. Proclamations. The Mayor proclaimed the following: (a) "Pub1 ic School s Week", Apri 1 24 ,' 1972 thru April 28, 1972. (b) "Law Week", April 24, 1972 thru May .1, 1972.. 12- CONTINUED BUSINESS: [97] (a) Ag.enda Bill #386. (cont. from 3-21-72) Citizen participation project for.instal1ation of curb and gutter - Buena Vista Avenue." The City Engineer reported that the one remaining pro perty owner on Buena Vista Ave. had entered into a contract to.have curb and gutter installed in front of his property and the following Resolution was offered for adoption; Resolution No. 1902. .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, INSTRUCTING THE SUPERINTENDEN b OF STREETS TO ORDER THE~ONSTRUCTION OF CURB AND GUTTER, was adopted by title only and further read.ing waived. [2O] (b) Agenda Bill #597. Demolition of old sewer plant. The Mayor stated he had received a request from the Chairman of the Parks and Recreation Commission that this matter be continued until July 1, 1972. The re- quest was granted and the Mayor requested that a f-irm plan be submitted for the demolition of the sewerage treatment plant by July l., 1972. I [37] (c) Agenda Bill si691. Report on request for reduction in business license fee to deliver litter- I free advertising mater.ia1 - Market Mail Company. Mr. Anthony Cuspa, Pres'ident of Market Mail Company, requested to be heard by the Council and explained the operation of his business. .He stated since this request was made, they have opened a place of business in Vista., so that they will be operating from a local place of business. Further, he briefly reviewed back- ground information on the business and expressed his desire for a Council decision in favor of his request. I During discussion by the.Counci1, Mr. Harry Truax, a resident of Carlsbad, stated that within the week,, a law was passed. which states that an entity cannot prohibit a business of this type. The. City Attorney was instructed to check the legall aspect in the event the Council denied this request, due to a recent court decision, as pointed.out by Clr. Truax and the matter was deferred until the next regular meeting. I .. , ^. . G%)tlNCI&.MEB ~~ c &- -3 0 %\% <!-- l'ig % .(*b "Q Q ,j. 5' ~" . Motion xlx x Ayes 'X \. , j I ~ I ~ , I ' .~ I I* *C CITY OF CARLSBUD COUNCILME - e * 0 April 4, 1972 -1 2- =="P EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 11:'15 P.M. for the purpose of discussing personnel. The Council reconvened at 11:40 P.M. and the Mayor announced that the.matter of personnel was discussed and the following appointments were made to the Sign . Commi t.tee : [30] Ex-Officio Members: Dick Osburn, Building Director J. O.linghouse, Planning Director Chamber of Commerce Representatives: Bob Repucci , 2916 State Street Otto Bandemer, 690 Elm Avenue Ronald Packard, 725 .Grand Avenue I CIC Representatives: I Mrs. Ruth Honnold, 4252 Sunnyhill Dr. Mrs. Pat Bona ura, 3521 Ridgecrest Dr. Mrs. Suzanne Zularsen, 3360 Ridgecrest Dr. CBDAC Representatives: Ben Ward, 3720 Yvette Way Harr Truax, 2656 State Street 96 Red {el ton, 2829 State Street Further, th.e Mayor announced that Mr. William Dominguez was reappointed to the Planning Commission for a four- year term. [m [621 (d) Agenda Bill #641. Appointment of Committee to study the matter of Charter City vs General Law. No action was taken at this time. [69] (e) Agenda Bil'l #686. Appointment to Planning Commission to fiil one expired term. The Mayor announced, following an Executive Session, the reappointment of W-illiam Dominguez for a four-year term on the Planning Commission. 13- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for the payment of the bil.ls for the General Expenses of the City in the amount of $101,362.02 and for the Water Department In the amount of $26,620.65 for the .period March 16 thru March 31, 1972, as certified by the Director of Fin- ance and approved by the Auditing Committee. payroll in the amount of $59,97.6.90 for the pefiod March 16 thru March 31 , 1972-, as certified by the Direttor of Finance and approved by,the Auditing Commi ttee. Ratification was given for the payment of thle 14- ADJOURNMENT: By proper motion, the meeting was adjourn'ed 'at 11 :43 P.M. J ___w1 Mob AY e Mot Aye $$) ~~ Fig. $*\ c AI "p"" ,c2 ion S xxx ion xxx S -x