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HomeMy WebLinkAbout1972-08-01; City Council; MinutesMeetSng of: CITY COUllCIL Date of ilceting: August 1, 1972 Tir,le of Pleeting: . 7:00 P.1'1. Place of Heeti ng: Coutici 1 Chambers ~~~~~-~:.m~::-~.~x-?--?%- 'E ..-~-.--5,n,- -~-~M~-~Y.Y.~~~~Y.Y.CV;~~":~~?(W~-L.ANL*.-U~~F~F~~'-~.'~~ . e - -. ..-- 1 - ROLL CALL: 2- IMVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIAliCE was given. 4 - PPPROVAL OF MINUTES: I ('a) Minutes of the Adjourned Regular Meeting held July.3, 1972, were approved as presented. (b) Minutes of the Regular Meeting held July 18, 1972 were approved as corrected. I 1 5- COUNCIL COMMITTEE - REPORTS: Council Committee Reports were given and no action taken. [I051 The Council adjourned to the Housing Authority. at 7:12 P.M. and reconvened at 7:30 P.14. 7- PUBLIC IIEARINGS: , I The Mayor declared the Public Hearings open at 7:31 P,M. I I [I131 (a) Agenda bill #814. To consider an appeal of the decision of the Planning Commission in denying a request for zone change from Zone R-1-10,'OOO to R-1-6,000, R-3 and C-1, and approval of a tentative map on property located on the Easterly side of El Can~ino Real and on the Southerly side of Highway 78. Applicant: Challenge Builders, Inc. The Clerk pfesented the Affadavi t of Publication and read a letter received from Mr. !~!iiliax It. Sauer, Attorney, representing Challenge Builders, Inc-, dated July 20, 1972; requesting a continuance to the next regular ne2ting. By common consent, the matter was continued to the next regular nieeting to be held August 15, 1972. ~251 (b) Agenda Bill l815. To consider whether or not certain i ntlabi ted territory known as "South Carl s- bad Annexation No. 1.13" (Lanakai) shall be annexed to the City of Carlsbad. The Clerk presented the Affadavit of Publication. A rn~tion was r~lacie that the Affadavit of Publication be accepted and ordered fi led. The Ci tv Clerk annouiiced ,F,lr: Ro,binson, ow~~er of Lanakai, had called late this afternoon and stated he !lfould be unable to attend the r~leeting due to an emergency. Since.there was no one present who wished to be heard, the Public Hearing was closed with the unanimous con- sent of the Council. The following Resolution was adopted by title only and1 further rcadi ng waived: ' I Resolution No. 2051. A RESOLUTION OF TllE CITY COUNCIL ---- OF TllE CITY OF CARL-?BAD, CALIFORIQIA, CAt.LII,IG FOR I\ SPECIAL ELECTION TO UE IIELD ON TtIE 3RD DAY OF OCTOl3ER, 1972, PtRTAIlIIllG TO TtlE "SOUTII Crll(LSBAD AIINEXATIOII IIO. 1.13" TO 'TliC CITY OF CARLSCAI). (LatlciC:di ) August 1, 1972 %, [I131 (c) . Agenda Bill #816. To consider the adoption of a Specific Plan and the approval of a Tentative Map for a 532-unit apartment complex Phase I1 of Hosp Grov Easterly side of Monroe Street, Northerly of Elm Avenu Applicant: Kamar Construction Co. The Clerk presented the Affadavit of Publication and announced that a letter was received addressed to the City Clerk from Mr. Ernest Adler, 3836 Cherry Lane, Long Beach, Calif, appealing the decision of the Plan- ning Commission. . Discussion was held by the Council and the following Resolution was adopted by title only and further read- ing waived: Mr. E,lick Banche, 3462 Ridgecrest Drive, Carlsbad, Attorney representing Kanar Construction Company, spok in favor of the proposed development. . e Resolution No 2052. A RESOLUTION OF THE CITY COUNCIL 1- OF THE CITY OF CARLSBAD MAKING FINDINGS AND DECISION Mr. Ernest Adler, 3836 Cherry Lane., Long Beach, spoke in opposition to the proposed development. The City Clerk requested Mr.. Adler submit a copy of his state- ment for the file. FOR ADOPTION OF A SPECIFIC PLAN ON PHASE I1 OF THE "HOSP GROVE", ON PROPERTY LOCATED WESTERLY OF EL CAMIN REAL BETWEEN THE PROPOSED ELM AVENUE EXTENSION AND MARRON ROAD, AND APPROVING A TENTATIVE MAP .FOR "HOSP GROVE" APARTMENTS, CARLSBAD TRACT NO. 72-12. Ordinance No. 9321, adopting a Specific Plan for Phase I1 of the Hosp Grove, was offered for adoption, with certain deletions in Section 3. Following discussion the motion was withdrawn and the following Ordinance was adopted without deletions; OrdTnance No. 9321. AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF CARLSBAD ADOPTING A SPECIFIC PLAN FOR PHASE I1 OF THE "HOSP GROVE", ON PROPERTY LOCATED WEST LY OF EL CAMINO REAL BETWEEN THE PROPOSED ELM AVENUE EXTENSION AND MARRON ROAD, CARLSBAD TRACT NO. 72-12, subject to an understandfng ,between the City and Kamar Construction Company that items 5, 6 and 7 will be 1 developed in increments, on an as needed basis to be 1 determined by the City, and that bond securities be I worked out between the staff and the developer. In dis-cussing the conditions imposed in the Ordinance the City Manager informed the Council, he and the Citj Attorney would d~aft a standard form of Ordinance for consideration by the Council. ' :" EXECUTIVE SESSION: Mayor Dunne called for an Executive Session at 8:45 P.Y. for the purnose of discussing Personnel. The Council reconvened at 10:50 P.M. and the Mayor announced the following reappointments were made: 81 Parks and Recreation Comm. Miss Emily Wheatly 031 Traffic Safety Commission Will iam l-larkins 41 Parking Authority ' 1.J. D. Cannon Mr. Cannon's appointment was made subject to his acceptance. The Mayor further announced that other personnel matt! were discussed but no final deci sjons were. made. Mot i Ayes Mot i Ayes Moti Axes CITY OF CARLSBAD August 1, 1972 DEPARTMENTAL REPORTS: A. Planning. C771 1. Agenda Bi 11 #817. Request by Planning Commission to adopt an interim ordinance establishing .a 90-d3y moratorium on prezoning and rezoning of resi- dential development and all development within flood- plain areas. It was agreed by the Council that this matter be tabled. I 9- ORDINANCES FOR ADOPTION: [113] (a) Agenda Bill #805. Ordinance No. 9318. O.RDINANCE OF THE CITY OF CARLSBAD AME!.IDING ORDII4AFICE AN I NO. 9060 BY GRANTING A PRE-ANMEXATION CHANGE OF ZONE FROM COUNTY ZONING R-1, R-1B, R-2, R-3, R-4, E-1-A, AND C TO CITY OF CARLSBAD ZONI:iG R-1-15,000, R-1-10,001 R-1-7,500, RD-M, R-2, C-1, AND C-2 WITH A SPECIFIC PLAI ON CERTAIrl PROPERTY LOCATED EAST OF EL CAMINO REAL, SOUTHERLY OF PALOMAR AIRPORT ROAD AND NORTHERLY OF OLIVENHAIN ROAD. 1 10- CONSENT CALENDAR: Mr. Jerry Pieti, Administrative Intern, direct- ing Purchasing, requested Agenda Bill #824, Itern.#F of the Consent Calendar be removed. I Councilman Chase requested a1 1 i tems on the' Consent Calender be removed and discussed individually. I Since there was no objection, all items on the Consent Calendar were removed. I ITEMS REMOVED FROM CONSENT CALENDAR: I A. Agenda Bill #818. COMMUNICATIONS - Advisory for filing. I 1. Letter from Jerry Aalfs, submitting re- signation from CPO Goals Committee. 1 [681 I A motion was made to regretfully accept the resignatio of Mr. Jerry Aalfs from the CPO Goals Committee and th Clerk was instructed to write a letter of appreciation to Mr. Aalfs and a letter to the Executive Secretary of the CPO informing him of Mr. Aalfs resignation. B. RESOLUTIONS FOR ADOPTION: The -following Resolutions were adopted by title only and further reading waived: [721 1. Agenda Bill #819. Resolution No. 2053. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS- BAD ESTABLISHING A !'NO PARKING" ZONE ON A PORTION OF THE EASTERLY SIDE OF CARLSBAD BOULEVARD FROM SEQUOIA AVENUE TO PINE AVENUE. I C641 2. Agenda Bil.1 #820. Resolution No. 2054. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS- BAD CONFIRMING THE ASSESSMENT ROLL FOR 1972-73 LIGHT- ING MAINTENANCE DISTRICTS NOS. 1, 2, AND 3. A motion was made that the Mayor be authorized to exe- cute the contract with San Diego Gas & Electric Co. on behalf of the City. 7. CITY OF CARLSDAD C0U:aCltl;;lEN -4- [74] C. Agenda Bill #821. Approving reclassificatio of PEP employee from Clerk-typist Range 11 to Sr. Cler A motion was made that the position of Senior Clerk-' under Engi neeri ng Department salaries. [93] D. Agenda Bill #822. Approving plans and speci fications for Phase 2 expansion of Encina Water Pollu- tion Control Facility. A motion was made approving the plans and specificatio for Phase 2 expansion of the Encina Water Pollution Control Facility, and Ocean autfall. [20] E. Agenda Bill #823. Approving plans and speci- fications for demolition of old Treatment Plant, and instructing City Clerk to advertise for bids. A motion was made approving Plans and Specifications and instructing the Ci.ty Clerk to advertise for bids to be opened on August 28, 1972 at 10:OO A.M. 11- CONTINUED BUSINESS: only and further reading waived: eZ a %.. CITY OF -5- CARLSSAD August 1, .a 1972 In connection with a representative and alternate to the CPO, the following Resolution, appointing Council - man Frazee as representative and Councilman Chase as alternate, was adopted by title only and further read- ing waived: Resolution No. 2056. A RESOLUTION OF THE CITY COUNCIL , OF THE .CITY OF CARLSBAD DESIGNATING A REPRESENTATIVE AND AN ALTERNATE TO THE COMPREHENSIVE PLANNING ORGANI- ZATION. C451 (c) Agenda Bill #826. Proposed Letter of Agree , ment between La Costa Community Antenna System and the City of Carl sbad. Mr. Dell Henry, employee of Times Mirror and represent tive of National Cable TV Association, spoke before the Council citing certain new laws passed by the FCC and urging the Council to carefully consider the pro- posed agreement, as a licensz had iiot been granted by the FCC to La Costa Community Antenna Systems. Mr. John J. Mamaux, 1393 Basswood Ave; represen2ing La Costa Land Conpany, was also heard b the Council, i in favor of the proposed agreement, as a Costa does have a bonaf~de system and are paying fees to the FCC. ~oll.owing lengthy discussion, a motion was made autnor zing the Mayor to execute the letter of agreement be- tween La Costa Community Antenna Systems and the City. [25] (d) Agenda Bill #827. Provision of Services to La Costa and South Carlsbad-. It Mas agreed that this matter be deferred until the next regular meeting. The Mayor suggested each Counci man discuss this matter individually with the City Man ger and that consideration be given the letter from the Library Board of Trustees and the Librarian. Alsc the City Manager was instructed to provide;further in- formati on regarding the conti nuanck of contractural - services for consideration on an interim measure. 12- CURRENT BUSINESS: I [79] (a) Agenda Bill #828. Council Policy Statement #9, assigning City-owned vehicles and usage thereof. Lengthy discussion was held regarding the use of City- owned vehicles. A motion was made that Council Policj Statement #9 be adopted, as amended. I [loo] (b) Agenda Bill ,#829. Authorization for Count3 of San Dieso to cancel uncollected taxes pursuant to I Revenue and Taxation Code #4986. The City Manager explained these taxes were levied in error, and the following Resolution was adopted by title only and further reading waived: I Resolution No. 2057. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE APPROPRIATE COUNTY OFFICERS OF THE COUNTY OF SAN DIEGO TO CANCEL UNCOLLECTED TAXES PURSUANT TO REVENUE AND TAXATION CO[ SECTION 4986. CITY OF -,- CARLSBAD August 1, 1972 ( 13- ADDITIONAL BUSINESS: I A. City Council. - Discussion Items. C771 1. - Moratori um on Mobi 1e Home Devel opment. A motion was made that this matter be deferred to the next regular meeting and that it be referred to the City Attorney and the Planning Department for recomment tions and report. C371 2. Publication of Council Action reports. i Mr. Sam Henry inforrned the Council the pre-prints were I being presented for Council's review. Further, he presented facts and figures and stated he would like Council guidance in the preparation of the Council , Action reports. I Discussion was held by the Council and a motion made that a contract be entered into between the City of Carlsbad and Mr. Sam Henry for the preparation of the Council Action Report for a period of four months. Further, authorization was given for the preparation of the pre-prints of the Council Action Report and Mr. Henry was requested to prepare a break-down of the cost for the four:,(4) month period. I Items 3 and 4 were discussed jointly. [62] 3. Resolutions for presentation to League of California Cities Conference. [@I 4. Procedure for handling Legislative matte Mayor Dunne stated any item which the Council feels snould be incorporated in a Resolution form should be brought to his attention so that it can be forwarded to the League. Further, he stated any Resolbtions on Legislative matters presented to the .Council should be returned to' him with individual Councilman's comments or recommendati ons. [lo41 5. Mini-buses. The Mayor inquired if the Community Involvement Committee had discussed the matter of mini-buses for the Carlsbad area. He was informed by Mrs. Skotnicki, Chairman of the CIC, that discussion was held by thel committee with regard to this matter. The Mayor stated he felt it would be I beneficial if a questionnaire was mailed out for citi- / zen's opinions on a mini-bus service. C791 6. Council Policy Statement #10 - Council Agendas. Discussion was held regarding the Council Agenda and the motion was made to adopt-Council Policy Statement #lo, as amended. POI 6. Community Center. The City Manager recommended the employment of a Consultant to prepare an application for a HUD Grant to acquire land and a building for a Recreation Center. Followi.ng discussio a motion was made that authorization be given for the employment of the firm of Lampman and Associates.at a fee not to exceed $1000.00 for the preparation of a HUD Grant Application.