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HomeMy WebLinkAbout1972-05-02; City Council; Minutes*I w ,. - D - .. -P CITY OF CARLSBAD Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 2, 1972 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 2- INVOCATION WAS offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE: 4- AP.PR0VAL OF MINUTES: (a) Minutes of the regular,meeting of April 18, 1972, were .approved, as amended. 5- COUNCIL COMMITTEE REPORTS: . E621 (a) Tax and Legislative Congress - League of California Cities. Councilman McComas reported on the Tax and Legislative Congress held in Sacramento and stated most of the discussion centered on the proposed Watson Amendment. Further, a full report will be submitted on this meeting. e281 (b) Water Committee. Councilman McComas state a letter had been written to him from CMWDrequesting assistance in putt'ing together a table of organiza- tion and a table of e ui ment in the event 0f.a me ge between the City and ?MWg, one item of which IS a CIS of employees. Councilman McComas stated it was his recommendation this matter be referred to the Water Committee prior to Council action. He further stated that he has replied to CMWD indicating acknowledgemen of their letter. " d u; t t [1101 (c) CMWD. Mayor Dunne stated he had written a letter to Fred Maerkle, President of the Board of Directors of CMWD with regard to their Election not being advertised locally'. Mayor Dunne further stated, he has not had .a reply from CMWD on this matter but in a discussion with Mr. Maerkle was informed Mr. Maerkle would contact him sometime to discuss the matter. [281 (d) Mayor's Youth Committee. Councilman Lewis reported on the last meeting of the Mayor's Youth Committee and discussion was held on LIFELINE which the Committee felt should receive support from the City. Also discussed was DEFY. Councilman Lewis s'tated Mr:Bill Tatum from LIFELINE was present and would like to be heard by the Council. Mr. Tatum briefly reviewed the background of LIFELINE and its progress. He further stated that LIFELI'NE does n,eed the support of the communities and is now in such demand that it is felt a request should be made to the County for funding. [7]] (e> Downtown Parking. Coune-e'lman Chase report- ed he, had attended a meeting of the CBDAC on April 28th and discussion was held with regard to downtown 'parking. He stated the committee approved Alternate #3 as outlined by the City Manager and that he would li'ke to discuss this matter later in the meeting under Additional Business. I COUNCILMEh I C. .I 4 CITY OF CARLSBAD COUNCILME, -2- 0 May 2, 1972 93 y$@ 1 I [68] (f) Civil Defense and Disaster Organization. Councilman Chase repor.ted on his attendanceat a meeting of the Civil Defense and Disaster Organization. [30] (g) Sign Ordinance Committee. Councilman Chase stated he attended a meeting with the Sign Ordinance Committee and they a're attempting to study - the ordinance. ' [68] (h) *C.P.O. Meeting. Councilman Frazee stated he had attended a meeting of the C.P.O:with Mayor Dunne. , E281 (i) South Carlsbad Planning Committee. Coun- cilman Frazee reported on a meeting he.attended with the South Carlsbad Planning Committee. He further stated it was his understan.ding that the Planning Department will be setting down some ground rules and it was his feeling there was a lack of in-put fro all of the property owners in the area. The Mayor suggested that perhaps a meeting with all the propert owners in the area would allow for more in-put. I Im :Y [68] (j) C.P.O. Meeting. Mayor Dunne stated that Councilman Frazee attended the C.P.O. meetins with him I and approval was given the C.P.O.-.Core Staff-which ,:I would employ approximately 20 staff members funded by the separate entities. [34] (k) Chamber of Commerce. Mayor Dunne stated he had audited the bills for the Chamber of Commerce and found them to be correct to the best of his know- ledge. He recommended the amount of $1,288.56 be re- .jmhursed the Chambe.r. . 6- ' HOUSING A'UTHORITY: I [lo51 The Council adjourned to the Housing Authority at 7:17 P.M. and reconvened to the Council Meeting at 7:20 P.M. with all Councilmen present. 7- PUBLIC HEARINGS: I The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearing open. I I Motion Ayes [71] (a) Agenda Bill #711 (cont. from 4-18-72). To consider an appeal of the decision of the Planning Commission in denying a request for specific plan, to allow reduction of required parking spaces from 35 to 19, on portion of property located northerly of.Chest- nut Ave. between 1-5 and.Harding St. Applicant: Appl eby Investment Development. .. The City Clerk stated the Affidavit of Publication was presented at the meeting of April 118, 1972 and the property owners have been properly notified at this time, Further, she-stated a petition has been receive in favor sf reduction of required parking spacesp - signed by twenty-eight future residents of the .HUD Housing Complex. I 1 : j":": X xxx .. ' , ,. I) - 'a v CITY OF 1 CARLSBAD COUNCILME -3- 94 May 2, 1972 I Mr. Bob Coles, Housing Assistance Officer, directed the Council's attention to letters received from three other Housing Ahthorities indicating a reduction in required parking spaces for HUD Housing for the elderl in their cities. Mr. Kenneth Appleby, Appleby Invest- the contingencies of approval from the Housing Advisor Board was that he submit a specific plan for the reduction of required parki-ng spaces. The Council also heard 'from the Traffic Safety Engineer regarding the parking conditions in the area. The Fire Chief pointed out the. necessity of having full use 'of botk lots for fire protection. . ment Development, Newport Beach, stated that one of .. Mayor. Dunne closed the Public Hearing with the unani- mous consent of the Council. ! I. I Following discussion,by the Council, it was moved that the appeal be granted and the specific plan be adopted with the following conditions: 1) That the 19 parking spaces be developed in the standard manner required. 2) Complete development of remainder of area required for parking spaces, in lawn.and shrubs with appropriate sprinkling system. 3) The occupanc of this facility be restricted to usage by the elderl as .provided for in the Housing Authority Lease. 4) The installation of the balance of the required parking spaces be completed, prior to occupancy; in the event the Housing Authority Lease expires. The appeal was granted for the following reasons: 1) The Housing Advisory Board of the City of Carlsba has requested more.green, area. 2) It has been estab- lished by other cities th.at the requirement, for park- ing is not nece'ssary for elderly occupants. 3) It will enhance the development. [113] (b) Agenda Bill. #720. To consider a request for change of zone from Zone R-3 to C-2 (General Commercial), an. amendment to the specific plan, a'nd amending the land use portion of the General Plan of the City 06 Carlsbad from low-density r.esidentia1 to commercial on property located at Pi0 Pic0 Drive and Oak Ave. - Applicant: Carlsbad Investment .Csrp. Y Y d Motion Ayes Noes The City Clerk presented the Affidavit of Publica'tion and stated no correspondence had been received. I Mr. Robert L. Watson, developer of the property, gave a brief explanation of why this project.was pre- sented to the Council in two portions, and referred to the map exhibited for 'Council review. He further stated the restaurant will be known as "Wayside Inn" Mrs. O'Bryant, 1155 Oak Avenue stated that surroundin property owners were not aware.rezoning had.taken pla and therefore did not know that an R-3 zoning existed until they received notices of public hearing with 'regard to Carlsbad Investment Corp, She stated th'is was merely a point of information for the Council. i "',, ' C Mayor Dunne closed the Public Hearing with the' unani- mous consent sf the Council. I ~ 1 X f ,wl ,c P. n X X 1. .. 4 CITY OF CARLSBAD -4- 0 May 2, 1972 Discussion was held with regard to change of zone and specific plans and Mr. Watson offered an explanation of why he chose to submit a specific plan in conjunc- tion with his request for a change of zone. After further discuss,ion , the following documents werc presented: Resolution No. 1992. A RESOLUTION OF THE CITY COUNCII OF THE CITY OF CARLSBAD, ANN'OUNCING FINDINGS AND DE-,. (General Commercial) ZONE AND AMENDMENT TO A SPECIFIC PLAN ON PROPERTY LOCATED BETWEEN ELM AVENUE, EASTERLY OF PI0 PICO DRIVE, was adopted by title only.and fur- ther- reading waived. a Resolution No. 1993. A RESOLUTION OF THE CITY COUNCII OF THE CITY OF CARLSBAD,iAM'ENDING THE GENERAL PLAN PORATION ON A 15,400 SQUARE-FOOT PARCEL LOCATED BETWEI OAK AVENUE AND PI0 PICO DRIVE, was adopted by title CISION REGARDING CHANGE OF ZONE FROM R-3 TO C-2 OF THE CITY OF CARLSBAD FOR CARLSBAD INVESTMENT COR- i 1 only and further reading waived. ~ Ordinance No. 9304. AN ORDINANCE OF THE CITY OF CARL! BAD AMENDING ORDINANCE NO. 9294, ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED BETWEEN PI0 PICO DRIVE AND OAK AVENUE, was given a first reading by title only and further reading waived. Ordinance No. 9305. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE FROM R-3 TO C-2 (General Commercial) ZONE ON PROPERTY LOCAT'ED BETWEEN ELM AVENUE, EASTERLY OF PI0 PICO DRIVE, was given a first reading by title 'only and adopted. . The 'City Engine'er made reference' to Ordinaa-ce No, 9301 addition should be made allowing bond ira-lie,W of im- Page 3, Section 4, Rem "A" and stated he felt an provements. Following discussion, a motion of intent, in connectil with the first reading of Ordinance No. 9304, 'was made that a bond in lieu of improvements:be:allow@d prior to the issuance of a building permit. Further, the staff was instructed to ma.ke p.rovision for such wording in all future ordinances requiring Section 4. I [99] (c) Agenda Bill #721. To consider the adaptio of a specific plan for Phase I of an 81-unit condomin -I for the Beach Colony Development, and approving a tentative map. Applicant: Le C. Guthrie, 0 The City Clerk presented the Affidavit of Publication and stated a letter addressed to the Ci.ty Council was received from Mr. E. Adler in opposition to the pro- posed development. Also received was an unsigned letter. I Mr. L. C:Guthrie, applicant, 819 N. Harbor Driveg Redondo Beach, stated he has accepted the recommenda- tions of the staff and will abide by the decision set forth. I. Mr. Douglas Roulf. inquired of the location to the en- trance of the subterranean parking and was informed o the location by the Jre Planner. COUNCILME1 95 Motion X Ayes xxx I Motion X Ayes xxx .',Mot i on X Ayes xxx Motion X Ayes xxx 1 Motion Ayes xxx Irn ,. e - ,. CITY OF CARLSBAD -5- Mav 2, 1972 " ~~~ ~ ~~~ ~ ~~ ~ I Mayor Dunne closed the public hearing with the unani- mous consent of the Council. The City Manager referred to the map exhibited and cited two portions of land. He stated an agreement. had been reached between the City and the applicant wherein the City wi-11 quitclaim a strip of city-owne property to Beach Colony in exchange for Beach .Colony quitclaiming a portion of their land to the State which would allow access to the beach. d Discussion ensued by the Council and centered on the requirement for.fire retardant walls, imposed by the Fire Chief. Chief Anear explained that of the three alternatives available, he chose the one that would not be too restrictive, discussed it with the appli- cant and it was mutually agreed upon. The following documents were presented: Resolution No. 1994. A: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING TENTATIVE MAP OF CARLSBAD TRACT 72-4 - BEACH COLONY,' was adopted by title only and .further reading waived. Ordinance No. 9306. AN ORDINANCE OF THE CITY OF CARLS BAD ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED WEST BAD STATE CAMPGROUND - CARLSBAD TRACT 72-4, was given a first reading by title only and further reading waived. A motion of intent, in connection with the first read- ing of Ordinance No. 9306, was made that a bond in-lle? of improvements be allowed prior to the issuance of a building permit. The Fire Chief 'was instructed to prepar'e a Council Policy Statement, with regard to certain conditions being imposed for fire protection. [201 (d) Agenda Bill #773. To consider the abate- ment of a public nuisance alleged to exist at 3700 El Camino Real. OF OLD COAST HIGHWAY 101 AND SOUTHERLY OF SOUTH CARLS- The City Clerk stated that this property was properly posted and that no communications'hav8.-been- received. The Building Director presented some photographs taker of the property and reviewed the steps taken prior to this action. He further stated a letter was sent: tg the City Attorney from Southern California First National Bank, Executor of the Will, requesting a continuance,.and reviewing the problem in settling the estate. The City Manager informed the Council Qf a number of complaints received on the property, 1 Mayor Dunne declared the public hearing closed with the unanimous consent of the Councrl;. Following discussion, the date of June 9, 1972 %as set as the date.-the property should be abated..and the Tollowing resolution was offered,foF adoption: I Resolution No. 1995. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD FINDING THE E.XISTENCE OF'A I PUBLIC NUISANCE AT 3700-3770 EL CAMINO REAL, was ' adopted by title only and further reading waivedp as recommended by the City Attorney. COUNCILME Motion X Ayes xx: Motion X Ayes xx: I- Motion X Ayes XXI k Motion X .Ayes xxx I' e - .. . ,.. CITY OF CARLSBAD COUNCI LME -6- May 2, 1972 ~~ 8- DEPARTMENTAL REPORTS: A. City Clerk. [253 I. Agenda Bill #506. Request to circulate petition - re: "South Carlsbad Annexation No. 1.13" . ILanakai Mobile Home Park). The City Clerk stated the notice of intention to cir- culate a petition and the affidavit of .publication wer attached to the agenda bill. Discussion ensued and the following resolution was was offered for adoption: Resolution No. 1996. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACKNOWLEDGING THE. RECEIPT OF NOTICE OF INTENTION TO CIRCULATE PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS "SOUTH CARLSBAD ANNEXATION NO. 1.13" AND AN AFFIDAVIT OF PUBLICATION THEREOF, AND APPROVING THE CIRCULATION OF THE PEITION, was adopted by title only and further reading waived. ~251 2. Agenda Bi 11 #545 e Acknowled$ing- recej pt of petition requesting annexation to the City of Carls bad - re: "East Carlsbad Annexation No. 2.12" (La Costa area). The City Clerk distributed the original petition for annexation to the City of Carlsbad and stated that all signatures had,been checked at the Registrar of Voters Office and it has been found that the petitione all residing in the district proposed to. be annexed, constitute more than one-fourth of the qualified electors. Resolution No. 1997. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS IN- TENTION TO CALL A SPECIAL ELECTION IN CERTAIN INHABITE TERRITORY CONTIGUOUS TO SAID CITY, PROPOSED TO'BE ANNEXED THERETO, FOR THE PURPOSE OF SUBMITTING TO THE QUALFIED ELECTORS REDISING IN SAID TERRITORY THE QUESTION OF WHETHER OR NOT SAID TERRITORY SHALL BE 'ANNEXED TO THE CITY OF CARLSBAD, AND FIXING A TIME AND PLACE WHEN AND WHERE ANY PERSON OWNING REAL PROPEF TY WITHIN SUCH TERRITORY MAY APPEAR BEFORE =THE CITY C.OUNCIL AND SHOW CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED, was adopted by title only and further' reading waived. B. Planning. 1991 1. Agenda Bill #722. Approval of tentata'vc map for 23 unit - 1-lot condominium development on property located on the westerly side of Ocean Street at Beach Ave. Applicant: Klitgaard and Branson, Inc, The City Manager stated that the applicants' have agreed to dedicate.improved beach access to the City for use by the public. Following discussion by the Council, Resolution No. 1 1998 was offered for adoption: Resolution No. 1998. A RESOLUTI'ON OF THE CITY COUNCII ~ OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP 1 OF CARLSBAD BEACH CLUB, -CARLSBAD TRACT 72-5 o was 1 adopted by title only and further reading waived. ! Motion Ayes xx: "S ¶ I - - Motion 1X Ayes xx: ~, i Motion j Ayes xxz I. 0 - -0 4 CITY 0-F CARLSBAD COUNCJLME -7- May 2, 1972 [I1311 2. Agenda Bill #723. Request by Planning Commission to restrict future rezoning between Oak and Elm Avenues, west of Highland Drive. to Pi0 Pic0 Drive, until Master Plan is developed for Civic Center Compl ex. Discussion was held on the restriction of future re- zoning in the vicinity of the Civic Center Complex and the Mayor stated the property east of the Library sh,ou d also be included in this restriction. Mr. Robert L. Watson stated he had requested a time limit be set at the Planning. Commission hearing so that the length? of the restriction would be known. The Jr. Planner stated that no definite date of completion for the Preliminary Plan has been set but it was felt by the staff that the preliminary .plan might be completed by July 1, 1972. It was agreed that a restriction be imposed on all future rezoning from Laguna Drive to Oak Avenue (north and south) and from Highland Drive to Pi0 Pic0 Drive (east and west) until July 1, 1972, and the staff was instructed to contact all property owners within:; the restricted area for their views relative to the Cs’vic Center Complex preliminary master plan. C. Engineering and Public Works. 11021 1. Agenda Bill #724. Request to obligate Topics Funds for Fiscal Year 1971-72 and ,1972-73. Following brief discus.sion, Resolution #1999 was offe ed for adoption: Resolution No. 1999. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD INFORMING STATE DEPARTMENT OF PUBLIC WORKS OF THE CITY’S INTENTION TO OBLIGATE TOPI FUNDS FOR FISCAL YEARS 1971-72 AND 1972-73, was.adopt by title only and further reading waived. [lo21 2. Agenda Bill #725. Allocation of State Gas Tax Funds to cities and counties in lieu of Fed- ’ eral Topics Funds. An explanation was offered by the City Engi-neer; discussion was held by the Council and the following Resolution was offered $or adoption: Resolution No. 2000. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD REQUESTING THAT THE STATE HIG WAY COMMISSION ALLOCATE FUNDS EQUAL TO FEDERAL TOPICS FUNDS FOR DISTRIBUTION TO CITIES AND COUNTIES FOR title only and .further reading waived. .CONSTRUCTION ON THEIR SELECT SYSTEMS, was adopted by [1101 3. Agenda Bill #726. Application for.perm to operate City Water System. The City Engineer stated he had been informed by the State that a permit to operate the water system had never been issued. Resolution No. 2001. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD AUTHORIZING THE CITY MANAGER TO FILE THE NECESSARY APPLICATION, was adopted bJi title only.and further reading waived. ,_ I, CITY OF CARLSBAD COUNCILME -8- 0 May 2, 1972 C641 4. Agenda Bill #727. Petition requesting waiver of requirement to install ornamental street lights in Los Robles Drive between Cerezo and Manzano Dri ve. Captain Gray, 5451 Los Robles, representing petitioner; . stated the portion of Los Robles Drive between Cerezo . and Manzano Drive is the only unlighted area in the Terramar district; He further stated that the City policy requiring ornamental lighting works an undue. hardship and is not equitable to residents of Los Rob1 . Drive, and requested the policy changed to allow the installation of semi-permanent street-lights on wood poles. The City Engineer reported this request had previously been considered in 1970 and was denied by the Council. Discussion ensued by the Council regarding cost of lighting and it was agreed unanimously by the Council that this matter be tabled and the City Engineer was i structed to meet with Captain G e! garti es r 1ve t an quItaSB8 EprlEtwn fop figz ther i t residents oFOtifa! portion OF los Robles r1Ye.and t.a a ost factor be submitted prqr to any declslon being maze, as ~t was-the'city's. desire, also, that the area be 1 i ghted. E451 5. Agenda Bill #728. Approval of agreement with Santa Fe Railroad - re: Cannon Road Grade Crossin The City Engineer stated the only change in the pre- viously signed agreement is the width of the railroai grade crossing and that the agreement being presented would supersede it allowing for a grade crossing sf. eighty-two (82') feet. Discussion.was held by the Council and the following Resolution was offered for adoption: Resolution No. 2002. A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION ON BEHALF OF THE CITY, THAT CERTAIN AGREEMEN WITH SANTA FE RAILWAY COMPANY REGARDING CANNON ROAD X CROSSING, was adopted by title only and further readin xxx waived. The City Manager and. City Engineer were instructed to provide information on the cost to the City for the maintenance of the signals and appurtenances, %or the next meeting. D. Purchasing. L49 c401 1, Agenda Bill #729. Approval of eo-insur- ance clause to City's fire insurance.po1icy - re: Government Buildings. The Purchasing Officer gave a brief explanation of the steps tak.en in arriving at insurance figures for each building and stated inventories have been checke It was agreed that the recommendations of the Pur- and the insurance policy be written as indicated for XXI the necessary coverage of public buildings. :. X chasing Officer be approved and accepted as outlined I L .. I' 0 I .. CITY OF CARLSBAD COUNCILME -9- May 2, 1972 D41 2. Agenda Bill #730. Request for transfer of funds to purchase furnishings for Council office. The Purchasing Officer stated he had been instructed by the City Manager to provide furnishings for the vacant office in the Council Chambers for use by the fer of funds to cover the cost. Authorization was given for the transfer of funds in. the amount'of $750.00 from General Fund Reserves to Government Buildings, Capital Outlay-Equipment for the purchase of furnishing the vacant'office in the Coun- Motion ci 1 Chambers e . Councflmen, and reques,ted Council approval for a trans- C841 3. Agenda Bill #731. Authorization t.0 borrow funds from U.S. National Bank for purchase:of patch truck. The Purchasing Officer stated authorization had pre- viously been given for the purchase of the patch truck The amount necessary to. make payments on the truck is included in the Street Division budget.in the equipment rental account,, and requested authorization to borrow an amount not to exceed $14,200.00, payments over 5 years. ..at.4%. simple interest. Resolution No. 2003. A RESOLUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING CREDIT PURCHASE OF EQUIPMENT, was adopted. by title only and further reading waived. E. Traffic Safety. E791 3. Agenda Bil.1. #732. Adoption o.f Pol icy Statement No. 9, regarding traffic safety policies and warrants. Following brief discussion, it was unariimously agreed that the matter be deferred until the next regular meeting, to allow further review. [lo31 2. Agenda Bill #733. Appointment to Traff Safety Commission. A motion was made that Mr. Don Johnson be reappointed to a full term on the Traffic Safety Commission, 're- troactive July 1 p 1971, 9- ORDINANCES FOR ADOPTION: [113] (a) Agend'a Bill #654. Zone change and specifi plan for 60-unit apartment on property locatdd at Tamarack Avenue and Jefferson St. - Applicant: Corte Development Company. Ordinance No. 9302. AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN FO PROPERTY LOCATED AT TAMARACK AVENUE AND JEFFERSON ST was given a second reading by title only and adopted. .. <- 0 - 0 CITY OF . CARLSBAD COUNCILME -1 0- CHANGE OF ZONE FROM R-1 TO RD-M (Residential Density- OF TAMARACK AVENUE AND JEFFERSON STREET, was given a second reading by title only and adopted. Further, in regard to the final reading of Ordinance . No. 9302, a motion was made' that in lieu of public The Mayor called for a recess at 10:25 P.M. and the Counc.il reconvened at 10:37 P.M. 10- ORDINANCES FOR INTRODIJCTION: lishing truck routes within the City of Carlsbad. Following discussion, it was agreed by the. Council that this matter be deferred to the next regular meet- ing and that it be reviewed for possible exceptions. Ordinance No. 3091. AN ORDINANCE OF THE CITY COUNCIL AND PROHIBITING GOLFING IN PARKS: AMENDING ORDINANCE X NO. ,3083, was g.iven a first reading by title only and ? further reading waived. L281 (c) Agenda Bill #734. Ordinance No. 1144, abolishing Environmental Pollution Commissi.on::and' re- pealing Ordinance,Nos. 1119 and-7123. .OF THE CITY OF CARLSBAD PROHIBITING PRESENCE OF DOGS Ordinance No. 1144. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ABOLISHING THE ENVIRONMENTAL POLLUTION COMMISSION (REPEALING ORDINANCE NOS. 1119 AND 1123, was given a.first reading by title only. 1 and further reading waived, 11- CONSENT CALENDAR: Agenda Bill #735. CORRESPONDENCE - Advisory. [37] 1. The letter received from 3. E. Jardine was acknowledged. [821 2. Letter from Philip Stanbro was acknowledged and the Council agreed to hear from Mr, Stanbro with regard to grading and filling. Mr. Stanbro cited a number of suspected violations to the grading ordinance, in connection with grading bein done at the Buena Vista Lagoong and requested City investigation. .. 1J CITY OF CARLSBAD COUNCl LM E -11- 0 May 2, 1972 I82 * Following lengthy discussion by the Council and explanl- tion by the City Engineer, €he Council' instructed the City Engineer to inform the party grading near Buena Vista Lagoon for the purpose of obtaining soil samples as required by the City, that the City has been noti- fied of possible ,violations and an investigation will be conducted to determine if violations do exist. [201 3. Letter from the City addressed to Mr. Manuel Bejerano, re: substandard housing. * The Director of-Building and Housing reviewed the background regarding substandard housing owned by Mr. Bejerano and stated Mr. Bejerano was last informed by him to contact the Housing Appeals Board since he felt an unfair decision had been reached regarding his property. The Council heard from.Mr. Bejerano who stated that others in his neighborhood were interested also in knowing what was happening. The proper procedure for contacting the Housing Appeal Board was explained to Mr. Bejerano and the Council informed him this matter would have to be heard by the Appeals Board, after which, if he still was not satis- fied, it could be heard by the Council. B. Agenda Bill #736. CORRESPONDENCE - Referra C102l 'I~ Petition urging greater safety measures. The lettek rece.ived"from Mrs. Metcalf was acknowledged and'the Traffic Safety Engineer informed the Council this matter had..been reviewed by the Traffic Safety . Commi'ssion at their meeting held May 1,. 1972. He further stated he would contact Mrs, Metcalf. It Wag agreed that a letter be prepared addressed to Mrs. Metcalf for the Mayor's signature. EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at I 11:35 P.M. for the purpose of discussing personnel. The. Council reconvened at 12:30 A.M. and the Mayor announced the following appointments to the Pl.anned Community Study Committee: 1281 Gerald C. McCl el lan John Mamaux Robert L. Watson Ray Barrett Jim Winslow Fred Harris Bob Ladwi g Councilman Chase(hiason . .. ~ ._ C. Agenda Bill #737. PROCLAMATIONS. t-801 The 'Mayor proclaimed the following: -0 1. May 14 thru 20, 7972 - "The Week .of the 2. May 7 thru 14, 1972 - "Hire a Veteran Young Child" Week" e .. .: *, 0 - '0 =r CITY OF CARLSBAD COUNCILME -1 2- May 2, 1972 iOk \\!y 750 20 flGW 4' H 3& 12- CURRENT BUSINESS: [38] (a) Agenda Bill, #738. Draft of revised Council -, Manager Ordinance. There was no discussion held regarding this matter. [62] (b) Agenda Bill #739. Proposed Legislation. . ' .l. Resolution #2004, recommending support of Proposition #2. Resolution No. 2004. A RESOLUTION OF-THE CITY COUNCIL OF THE CITY OF CARLSBAD, RECOMMENDING SUPPORT FOR PROPOSITION #2 PRIMARY ELECTION BALLOT, JUNE 6, 1972, Motion was adopted by title only and further reading waived. Ayes 2. Resolution #2005, opposing Proposition #9. Mr. Lloyd Von Haden, representing "People's Lobby" requested to be heard by the Council and stated he wished to speak in-favor of this Proposition. It was the decision of the Counci1,'due to the late hour, tha: the matter be--deferred to the next regular meeting. Mr. Von Haden was informed he would be heard at that time. 3.' Resolution #2006, opposing State regula- tion of emp1oymen.t conditions of local public safety employees. Resolution No.. 2006. A RESOLUTION OF THE CITY C'OUNCIL OF THE CITY OF CARLSBAD OPPOSING STATE REGULATION OF ,EMPLOYMENT CONDITIONS OF LOCAL PUBLIC SAFETY EMPLOYEES, Motion was adopted by title only and further reading waived. Ayes 13- ADDITIONAL, BUSINESS: (a) City Council Reports. No reports. (b) City Manager Reports. No reports. (c) City Attorney Reports. No..reports. The .following. items were introduced -to the Counci 1 : L671 1. Agknda Bill #740. Addition to R-W Zoning Section of City Ordsnance (Section 21.22). Following brief summary by the City Manager, it was unanimously agreed by the Council this matter be de- ferred to the next regular meeting to allow Council review of addition. [81] 2. Agenda Bill #741. Acquisition of Freeway Lands o The Parks and Recreation Director stated four parcels of State owned .land along Pi0 Pi.co Drive have been offered to the City for purchase prior to public auctionp and explained that should the Council desire the pur- chase of these parcels, they would be developed as open space. Following lengthy discussion, it was the decision of the Council that the matter be deferred to the next 'regular meeting and the Parks and Recreation Director was instructed to prepare landscape sketches of these .. ~ parcels, for presentation at that time. .. .- e - .e CITY OF CARLSBAD COUNCILME -1 3- I f33 May 2, 1972 C621 3. Resolution No. 2007. Mayor Dunne stated at the request of Assemblyman Stull, the following Resolution was prepared for Council appro.va1 : Resolution No. 2007. A RESOLUTION SUPPORTING THE DEVELOPMENT OF CALRSBAD STATE BEACH, was adopted by Motion X title only and further reading waived. Ayes xx The staff was instructed'to mail copies to the Depart- ment of State Beaches and Parks, Senator Burgener and Assemblyman Stull. [lo21 4.. Agenda Bill 742. Carlsbad Blvd. - Sequoia Ave. to Pine Ave. - TOPICS and City-County Thoroughfar Fund. Following an explanation.by the City Engineer,and brief Council discussion, approval was given the Plans and Specifications for Phase 1 of the project and the City Clerk was authoriz'ed to advertise for bids upon approval of Plans and Specifications by the Federal Hiqhway Administration, as .recommended by the City . E gineer. 'As to Phase'II, the City En ineer stated tl1S part could be.discussed when the # ids are receiv [71] 5. Downtown Parking. Councilman Chase'stated he had reported on the.matter of downtown parking unde Council Committee Reports and presented the following motion: It was moved that the City Manager be directed to pro- vide a $10,000 allocation of funds to.be used for the engineering and paving. of the parking area, per the plans prepared by the Engineering Department, for that area be.hind the buildings on the easterly si.de of Stat by the existing alley on the east. Further-, that the. City Manager be directed to cause a draft of a propos- ed lease agreement between the City and the affected property owners to be prepared for the proposed State St. parking area; also, that a) This proposal to in- clude agreement by the owners to provide substantial improvements in the appearance of their rear building faces. b) That this proposed lease agreement be pre- pared for distribution to the property owners by May 15, 1972, and c) That Mr. Ben Ward, Chairman of the CBDAC, be requested to present proposed lease agree- ments to owners on behalf of the City of Carlsbad for their consideration and confirmation. ' Street, between Elm Ave. and Grand Ave. and bounded 14- RATIFICATION OF BILLS AND PAYROLL: Ratification was given for the payment of the bills for the General Expenses of the City in the amount of $57,725.62 and for the Water Department in the amount of $'24,534.79 for the period April 16, 1972 thru April 30, 1972, as certified by the Director sf Finance and approved by the Auditing Com,mittee. I 0 I . I. I: .; , CITY OF CARLSBAD COUNCILME -1 4- 0 May 2, 1972 Ratification was given for the payment of the payroll in the amount of $60,786.09 for the period April 16, 1972 thru April 30, 1972, as certified by th? Director of Finance and approved by the, Auditing Motion Committee. Ayes XXI 15- ADJOURNMENT: By proper motion, the' meeting was adjourned at 1~25 A.M. * ). Y4f Respectfully submitted, .& ,d4& 8Y@AA/~ MAR A T E. ADAMS. City lerk .. .. ,. * . ,' ,. .. 'e . ..