Loading...
HomeMy WebLinkAbout1972-05-16; City Council; Minutesr ", c \. .. (. CITY OF CARLSBAD COWNCILME ROLL CALL: 2- ' INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: COUNCIL COMMITTEE REPORTS: Council Committee reports were given and no action taken. PUBLIC HEARINGS: Mayor Dunne declared the Public Hearings open t 7:30 P.M. 1071 (a) Agenda Bill #538 - Supplement #4. To con- ider vacating a portion of Alder Ave., between Sunny- ill Dr. and the southwesterly terminus of Lot "E", arlsbad Manor, Unit No. 1. he City Clerk presented the Affidavit of Publication nd Notice of Posting and reported no correspondence ad been received. o one desired to be heard. he Public Hearing was closed and discussion ensued re- arding the building located on a Portion of the pro- erty being vacated. The Council directed questions ouncilman McComas announced his abstention from votin s he has done in the past, due to personal reasons. BAD VACATING A PORTION OF ALDER YHILL DRIVE AND THE SOUTHWESTERLY CCEPTANCE OF OFFER OF DEDICATION. I I I i ~ ,i .- CITY OF CARLSBAD - 0 May 16, 1972 2- COUNCILME 1Ql \! $\: 1 - Resolution No. 2009. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD 0RDER.ING DIRECTOR OF PUBLIC REFUSE, AND DIRT REMOVED. X Ayes WORKS TO ABATE NUISANCE BY HAVING WEEDS, RUBBISH, Motion E261 (c) Agenda Bill #260 - Supplement #3. To con- sider the construction of sanitary sewers and appurten- . ances, and the District to be benefited - Highland Dr. between Elm Avenue and Tamarack Avenue - Assessment District No; 2-1969. The.Mayor announced this is the time and place.fixed by the City Council for hearing objections or protests on the proposed work, or the extent of the assessment district, or on the proposed grades under the Resolu- tion of Intention No. 1988, providing for sewers on Highland Drive between Tamarack Avenue and Elm Avenue. I The City Clerk presented the Affidavits of publication, mailing and posting and the Council approved said Affi- davits and ordered them filed. Motion X Ayes Mayor Dunne requested the City Clerk to read all pro- tests that have been filed and the Clerk introduced the following correspondence which was read in full. Letter dated May 13, 1972 from Charles and Marjorie M. Hobson, stating they are already included in another assessment district and have been hooked to the sewer line on Pine Avenue for the past 5 or 6 years. Letter, dated May 8, 1972 from Thomas D. McMahon, objecting to Sections 1-13, inclusive of Resolution No. 1988 and a !letter dated May 16, 1972 from Mr. B.C. Schindler stat- ~ing he and Mr. Lattos (owner of another parcel) have [already paid for a sewer line from. Oak Avenue several years ago. The Mayor announced the Council would like to hear from those persons who filed: written protests in support of their protests. Mr. Bernard Sch.indler, 3081 Highland Dr., stated he was speaking for himself and Mr. Lattos whose property is at the southwest corner of Highland and Oak. He stated several years ago, he and Mr. Lattos were interested in hooking up to the sewer on Oak Avenue and contacted the previous City Engineer. He was informed if it was their :decision to hook up to the sewer from Oak Avenue at their own expense, they would not be required to pay :for a sewer line when an assessment district was create for Highland Drive. They hooked up to the sewer line on Oak Avenue and it was his feeling that since the sewer ,line was paid, it would be highly inequitable for either property owner to be assessed under AD-2-196 1 i I 1. Mr. Thomas D. McMahon, 3551 Highland Drive, distributee a printed sheet to the Council explaining two plans. .. Plan ''A" as submitted to him by the City and Plan IIB" 0 which was his proposal to the City. In reviewing the two plans, Mr. McMahon pointed out Plan "A" would only service the upper portion of his homeand was not a feas ble plan. The cost of Plan "A" .would be a total of - $2,533.00. Plan IIB" woald be a more acceptable be utilizing an easement owned by him and he should be plan to him but he felt using this plan, the City would compensated for the City's use of the easement. The total cost to him for Plan "B" would be a total of $2,983.00. ' ry ' 5y $ $ t \\".! f$ w x: X xx i.! .. ,- CITY OF -3- CARLSBAD COUNCILME a May 16, 1972 _. ~ Mrs. Charles Hobson, 3229 Highland Dr. requested clari- fication as to why they are required to pay under this assessment district whm they are already included in another assessment district. ~~~ ~~~- ~~~ ~~- ~ ".~~~_~~~~ ~ Mr. Judson Naiman, Assessment Consultant for the City, exp'ained why the protesting property owners are -being assessed and how the cost w2s determined. The Mayor announced the City Council would like to hear any oral prutests or objections concerning the work,,' extent of assessment district or grades. Mr. William DeLong,..3600 Highland Drive, stated he was not protesting the assessment distrikt but was in favor created. The Public Hearing was closed. . of it and would like to.see the assessment district .. 0 I The Mayor requested the Engineer of Work to advise the Council what per cent of the total area to be assessed for the improvement is represented by written pro5ests or objections filed in the City Clerk's Office and the Assessment Consultant informed the Council 4.56% were represented.of the total area to be assessed for the improvement. The Engineer of Work having provided evidence that all of the lands included in the district are benefited, the following Resolution was offered for adoption by title only and further reading waived. Resolution No. 2010. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ORDERING WORK - ASSESSMENT DISTRICT NO. 2-1969. .. . [I131 (d) Agenda Bi11,,#743. To consider a zone change from R-1-10,000 and !'MI' Zone to P-C (Planned Community) zone, an amendment to a Master Plan; a zone change fron R-1-10,000 to I'M" (Industrial) zone, and adoption of a Specific Plan on property located between Interstate-5 and Lowder Lane, and south of Palomar Airport Road - Applicant: Financial Scene, Inc. Background information was offered by the As.sociate Planner and discussion held by the Council with regard to certain conditions being imposed. Councilman Chase felt there may be some problems enforcing such conditic as noise rates since the City does not have a device ,to measure the decibels. No one desired to be heard. Th.6 Mayor declared the. Public Hearing closed. 5 The following Resolution was offered for adoption by title only and further reading waived. Ordinance Nos. 9308 an- 9309 were offered for a first reading by titlt only and further reading waived. .. , Resolution No. 2011. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DE- I'M'' (Industrial )'.ZONE TO P-C (Planned Community) ZONE, AND AN AMENDMENT TO A MASTER PLAN, AND A CHANGE OF ZONl FROM R-1-10,000 TO I'M" (Industrial ) AND ADOPTION OF A SOUTH OF PALOMAR AIRPORT RD. AND NORTHERLY OF POINSETT CISION REGARDING A CHANGE OF ZONE FROM R-1-10,000 AND SPECIFIC PLAN ON PROPERTY LOCATED EAST OF INTERSTATE-5 rrp I ? I 1 1 > - r r A I q CI !\ IILe' X X - \P pq ' .-\I . m P 1 d$ Lt i Bw X xx xx 1 1. ,I CITY OF CARLSBAD COUNCILME 0 I__ 0 -4- May 16, 1972 Ordinance No. 9308. AN ORDINANCE OF THE CITY COUNCIL OF CARLSBAD, ADOPTING A SPECIFIC PLAN ON PROPERTY LO- CATED EAST OF INTERSTATE-5, SOUTH OF PALOMAR AIRPORT ROAD AND NORTHERLY OF POINSETTIA LANE. Ordinance No. 9309. AN ORDINANCE OF THE CITY OF CARLS I'M" (Industrial ) ZONE TO P-C (Planned Community) ZONE, AMENDING ORDINANCE NO. 9060 ADOPTING A MASTER PLAN, AND A CHANG.E OF ZONE FROM R-1-10,000 TO I'M'' (Industr-ia OF PALOMAR AIRPORT ROAD AND NORTHERLY OF POINSETTIA BAD RECLASSIFYING CERTAIN PROPERTY FROM R-1-10,000 AND ZONE, ON PROPERTY LOCATED EAST OF INTERSTATE-5, SOUTH LANE. 7- DEPARTMENTAL REPORTS: A. Engineering and Public Works. 1931 1. Agenda Bill #744. Request to sewer thru a private easement to Chestnut Avenue - Thomas McMahon 3551 Highland Drive. Discussion of this matter was held by the Council under Public Hearings (Item 6-c) in connection with Assessment District 2-1969 - Highland Drive. It was agreed by the Council that authorization be given Mr. McMahon to sewer through a private easement on property located at 3551 Highland Drive and the front line fees on Chestnut Avenue be waived subject ' to the parcel being included in AD-2-1969 as provided by Council Policy. (Identified as Plan IIB" in presenta tion given by Mr. McMahon at Public Hearing (Item 6-c of Agenda) C451 . 2. Agenda Bill 8745. Approval of ,fu,ture street improvement agreement in connection with develo ment located at 144 Sequoia Avenue. - Edgar Rumsey Authorization was given the Mayor to execute a Future Street Improvement Agreement between the City of Carls bad and Edgar and Marilyn L. Rumsey, on behalf of the City. W1 3. Agenda Bill #540. - Supplement #2. Accepting the public improve.ments in Polly Lane and Tamarack Ave. - Richie Glenn Subdivision - CT 71-3. Resolution No. 2012. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING PUBLIC TMPROVEMENTS FOR CARLSBAD TRACT -71-3, was adopted by title only and further reading waived. C110l 4. Agenda Bill #645. - Supplement #2. Apprc of contract change order for Contract #lo00 - Water System Improvements HUD. Following an explanation by the City Engineer and dis- cussion'by the'Councj1,'Tt was agreed that apprOval bc giv'en Change Order Nos. 3 thru 24 of Schedule .I in the amount of $1,468 and Change Order #2 of Schedule 11 iH the amount of $3,676, as recommended by the City Engir yf I09 Motion Ayes X ) Motion Ayes X Motion Ayes X - Motion Ayes X Motion Ayes X Abstainec ,a 1 . . c. I. ~ Motion ler . Ayes X r 10 $g , ,- CITY OF CARLSBAD COUidClLME 0 - .. I J -5- \i PI 25 E451 5. Agenda Bill nU746. Authorizing Mayor to execute agreement for Grant of Easement on Carlsbad Boulevard - State Parks and Recreation. The City Engineer stated this agreement is necessary in order to construct the street widening and traffic .signal* installation at Carlsbad Boulevard and Tamarack Avenue .. Resolution No. 2014. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTH0RIZIN.G THE MAYOR TO EXE- I ~~ CUTE AN AGREEMENT FOR GRANT OF EASEMENT ON CARLSBAD ' BOULEVARD ON BEHALF OF THE CITY, was adopted by title only and further reading waived. .. B.- Planning. C711 1. Agenda Bill #711. Report from Planning Commission on the granting of the appeal of the decisio. Appellant: Appleby Investment Development. Acknowledgement was given the report received from the Planning Commission. The following resolution was adopted by title only and further reading waived. Resolution No. 2013. A RESOLUTION OF THE CITY OF CARL BAD GRANTING APPEAL OF DECISION OF PLANNING COMMISSION 9 REGARDING A SPECIFIC PLAN TO ALLOW FOR REDUCTION IN REQUIRED PARKING SPACES FROM 35 TO 19, ON PORTION OF PROPERTY LOCATED NORTHERLY OF CHESTNUT AVE. BETWEEN 1-5 AND HARDING STREET. The following Ordinance was introduced and passed to second reading on June 7, 1972. Ordinance No. 9310. AN ORDINANCE OF THE CITY OF CARLS BAD ADOPTING A SPtCIFIC PLAN FOR A REDUCTION IN REQUIR f ED PARKING SPACES FROM 35 TO 19, ON PORTION OF PROPERT LOCATED NORTHERLY OF CHESTNUT AVE. BETWEEN 1-5 AND HARDING STREET. C. Parks and Recreation. I Dl3 1. Agenda Bi.17 #741 . Supplement #l. Acquis ti on of excess Freeway lands. I Following lengthy discussion by the Council; it was agreed that inquiry be made of the State Division of Highways as to whether the four parcels could be pur- chased over a period of three years at a cost not to exceed ten percent (10%) of the purchase price. D. Traffic Safety. [1021 1. Agenda Bill #732. Approval of Traffic Safety Policies and Warrants and adoption of Policy Statement #9. .. The City Engineer stated there needs to be some guide- lines established and recommended approval of Policy Statement #9. The staff was directed to use the criteria estaplishe under the Traffic Sarety policies and warrants, now being used by the City and County of San Diego for a period of six months, and the Traffic Safety Commissi was requested to submit a report to the Council as to the applicability in the City of Carlsbad. d 0 I Motion Ayes 1. - Motion Ayes Noes ' Motion Ayes Noes - Motion Ayes 1 Motion Ayes ~ " X X X X X xx xx xx X xx ~ ~ ~ i I I , xx I .. J 0 CITY OF CARLSBAD COUNCILME -6- May 16, 1972 E. Departmental Status Reports: ~351 1. Engineering and Public Works. Acknowled ment was given the report and discussion held. [77] , 2. Planning: No reDort submitted. POI 3. Par-ks and Recreation. Acknowledged. 8- ORDINANCES FOR ADOPTIO'N: The following Ordinances were adopted after read, ing of the title only and further readlng walved. [70] (a) Agenda Bill #707. Ordinance No. 3091. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD PROHIBITING PRESENCE OF DOGS AND PROHIBITING GOLFING IN PARKS; AMENDING ORDINANCE. NO. 3083. [28] (b) Agenda Bill #734. 0r.dinanc.e 'No'.. T1'44. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ABOLISHING THE ENVIRONMENTAL POLLUTION COMMISSION (RE PEALING ORDINANCE NO'S 1119 AND 1123). E1131 (c) Agenda Bill #720 - Carlsbad Investment Corp 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. Ordinance No. 9305. AN ORDINANCE OF THE CITY OF CARL BAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE FROM R-3 TO C-2 (General Commercial) ZONE ON PROPERTY LOCATED BETWEEN ELM AVENUE, EASTERLY OF PI0 PICO DRIVE. [99] (d) Agenda Bill #721. Beach Colony - L.S. Guth Ordinance No'. 9306. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING A-SPECIFIC PLAN ON PROPERTY LOCATED WEST OF OLD COAST HIGHWAY 101 AND SOUTHERLY OF THE- SOUTH CARLSBAD STATE CAMPGROUND - CARLSBAD TRACT 72-4. 9- ORDINANCES FOR INTRODUCTION. The following Ordinances were introduced for a first reading by title only and further reading waive [1021 (a) Agenda Bill #696. Ordinance No. 3090. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAO ESTABLISHING TRUCK ROUTES, REPEALING AND'AMENDING. ORDINANCE NO. 3084, SECTIONS 1 AND 10.32.090 OF THE CARLSBAD MUNICIPAL CODE. [511 (b) Agenda Bill #74'0. Ordinance No. 9307, im- posing fire protection requirements in R-W (Residenti Waterway) Zone. At the request of Councilman Chase and with no object from Council members, this matter was deferred for further study. I .. .- CITY OF -7- CARLSBAD May 16, 1972 I 10- CONSENT CALENDAR: I The following items were approved by one motion affirming the actions on the Consent Calendar: 4 I A. Correspondence Advisory.- Ordered filed. I 1. Letter from the National Chairman for United Nations, requesting Nation-wide observance of UN Day. VI1 2. Petition dated May 6, 1972, containing 94 signatures in regard to the Downtown Carlsbad Re- development. The Following correspondence lwas referred. as '.. I ::, . indicated: I I B. Correspondence - Referral. ~1031 1. To Traffic Safety Commission for study an recommendation - letter from Mr. and Mrs. William M. Brown, 6550 Ponto Dr, re: Parking on Ponto Drive in front of Lanikai Lane Mobile Home Park. The following Resolutions were offered for adop- tion by title only and further reading waived. [451 1. Agenda Bill #749. Resolution No. 2015. A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF CARLS- BAD AUTHORIZING THE CALIFORNIA HIGHWAY PATROL TO USE THE CITY PISTOL RANGE. 1621 2. Agenda Bill #750. ReS'olution No. 2016. A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF CARLS- BAD OPPOSING ATTEMPT TO ALTER THE.METHOD OF LEVYING, COL'LECTING AND DISTRIBUTING THE UNIFORM SALES AND USE TAX UflDER THE BRADLEY-BURNS UNIFORM LOCAL SALES AND USE TA.X LAW. 11- CONTINUED BUSINESS: [20] (a) Agenda Bill #589. Alleged nuisance at 2741 Crest Drive. The City Attorney stated after conferring with the Director of Bujlding and Housjng no nuisance exists on this property at this time. The only probJem now is a substandard building. The Director of Housing and Building stated the property owner plans to bring the building up to the required standards' and if t.his is not done it would come under a different code sec- tion for abatement, and would not be handled under the same procedure used for a nuisance. A motion was offered by Councilman Chase instructlng the City Attorney to prepare a resolution finding that a public nuisance does not exist at 2741 Crest Drive. The motion was withdrawn upon recommendation by the City Attorney that a resolution be adopted at this meeting. The following Resolution was verbally introduced: Resolution No. 1926. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD FINDING THE ABSENCE OF A PUBLI( NUISANCE AT 2741 CREST DRIVE., as recommended by the staff,. with instructions that a resolution be prepared for execution at a later date. I COUNCILME x 1 .; . ._ CITY OF CARLSBAD -8- 0 May 16, 1972 - ,. [621 (b) Agenda Bill 8739. - Mr. Lloyd Von Hade representing "People's. Lobby" spoke in favor of Propos tion 89 - "The Clean-Air Bill". The following Resolution was offered for adoption by .titl,e only' and further reading waived: Resolution No. 2005. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD OPPOSING P.ROPOSITION #9. I kz8r1 Ordinance. . (c) Agenda Bill 8738. Revised Council-Mana- By unanimous consent, .the matter was deferred. Coun- cilmen McComas and Lewis were requested to review this ordinance and report back to the Council with their recommendations. 12- CURRENT BUSINESS: [86] (a) Agenda Bill 8751. Request for overnight camping at Carlsbad Raceway over Memorial Day Weekend. Larry Gri smer. Following discussion, it was agreed approval be given the request for overnight camping for a group of 200 in self-contained campers at Carlsbad Raceway for the Memorial Day Weekend. [681 (.b) Agenda Bill #752. Establishing and funding an independent C.P.O. Staff. Mayor Dunne informed the Council the matter of an in- dependent C.P.O. staff and the means by which it shoul be funded were discussed at the C.P.O. meeting, and wished to report back to C.P.O. with the Council's views. Lengthy discussion ensued and since it was the feeling of the majority of Council members that the matter required further review before a decision was made, the matter was deferred to a regular adjourned meeting to be held May.24, 1972, at 4:OO P.M. in the Council Chambers and would be discussed further at that time. I [55] (c) . Agenda Bill #753. Establishing separate re- fuse collection rates for mobile home parks. Mr. Jerome Pieti , Administrative Intern for the City, was heard by the Council concerning a study and re- port he submitted to the Council regarding this matter Mr. Laurence Wright, owner of Solamar Mobile Home Park was. also heard by the Council. Following lengthy discussion, a motion was made by Councilman Chase, without prejudice, and seconded by Councilman McComas, without prejudice, to adopt Resolt tion No. 2017, establishing separate rates for trash collection in mobile home Parks. The motion died for I COWNCILh4E 1 4 /. .' - b - I), CITY OF CARLSBAD -9- May 16, 1972 ~ ~ ~~~~~- ~ ~~"_~~" ~~ [45] (d) Agenda Bill #754. Approval of agreement be- tween City and Carlsbad Unified School District for use of Council Chambers. The City Clerk informed the Council Paragraph #3 of the agreement being presented, should be corrected since i.t was recommended by the Building Authority that only one key be issued. It was agreed that authorization be given the Mayor .. to execute the agreement between the City of Carlsbad and the Carlsbad Unified School District for use of the Council Chambers and that the second sentence in Paragraph, #3 be -deleted. 13- ADDITIONAL BUSINESS: (a) City Council. - None City Manager. -. None ornev.- None I3 C1tv Att .I ., *- ~~ [102](d) Agenda Bill #742. Carlsbad Blvd. - Sequoia Ave. to Pine Ave. - TOPICS and City-County Thorough- fare Fund - Phase 11. The City Engineer briefly explained Phase 11, request- ing TOPICS funds. It was pointed out in order to uti1 the $30,000 out of the County Thoroughfare Funds. The City will have to match the $30,000. However, by exe- cuting the Agreement it does not obligate the City in the event the City does not choose to participate. The following Resolution was offered for adoption by title only and further reading waived. * Resolution No. 2019. A RESOLUTION OF THE CITY COUNCIL CUTE A THOROUGHFARE AGREEMENT FOR IMPROVEMENT OF CARLS BAD BOULEVARD, as recommended by the City Engineer. OF THE CITY OF CARLSBAD AUTHORIZING THE MAYOR TO EXE- I [301 (e).Substandard Housing. The Building Inspector informed the Council when condemnation of substandard housing firs began, he was instructed by the Council not to evict tenants of substandard housing. This is in violation of the State Code and he requested the Council policy established two and a half years ago be rescinded. A motion was offered by Councilman McComas that the policy established by the City Council to not evict any person under the Housing Code be i-escinded in order that the Housing Code can be enforced as to the substandard housing. The motion died for lack of a second. It was agreed that the Building Inspector and Councilman Chase review the State Code and the matter was deferred to the next regular meeting. [451(f) Agreement with .Leucadia County Water Dist. The City Manager presented an Agreement between the City of Carlsbad and the Leucadia County Water Distric. and stated its function was essentially the same as the agreement with other water entities concerning the La Costa Annexation. Authorization was given the Mayor to execute the agree ment between the City of Carlsbad and the Leucadia County Water District on behalf of the City of Carlsba. [80] (9) Proclamation. Mayor Dunne proclaimed June 3, 1972, as SLOBB Day. ,. COUNCILME .. . r 7- CITY OF CARLSBAD CQUNCILMEN -1 0- b 74- RATIFICAT1,ON OF BILLS AND PAYROLL: Ratification was given the payment of bills for 15- ADJOURNMENT: By proper motion, the meeting was adjourned at 12:40 A.M. to Wednesday, May 24, 1972 at 4:OO P.M. in the Counci 1 Chambers. Respectfully submitted,