Loading...
HomeMy WebLinkAbout1972-10-03; City Council; Minutes0 !mDa?*- .. e v: I 6j-i-Y .OF- .CA[?LSBP,P COUNClt_i,' q")\ c:- \" i"\ cy ."\, " Yinutes: CITY COUilCIL (Regular Meeting) Date of Heeting: October 3, 1972 Time of iqeeting 7:OO p.:.l. Place of Meeting- Council Chanbers ( Ti',, ?'\pi A:,: x, 1 .q' *.'. ' /. vib:<,t \\..* *-- 24.0 kj:. LA.3 X" " "L" - ":..%-&<.-; 1 .' ROLL CALL: All Councilmen Present 2. INVOCATION was offered by Mayor Dunne xx 4. APPROVAL OF flIPiUTES : 3. P.LEDGE OF ALLEGIAiJCE: (a) Minutes of the Adjourned meeting held. September 15, 1972 were' approved as presented. (b) Minutes of the Regular meeting held September 19, 1972 were approved as presented. I . 5. COUNCIL COF4!4ITTEE REFORTS : Council Committee reports were given, and no action was taken. 6. [lo51 MOUSING AUTHORITY: continued to next regular I. meeting. Ratification was given the payment of bills fod the Housing Authority, i.n the amount of $14,441.23, as certified by the Auditing Committee. WITH THE CONSENT OF THE COUPKIL AND PUBLIC, MAYOR DUNN A;4NOUNCED THE PUBLIC HEARINGS !IOULD BE DELAYED UNTIL ', [991 BECKMAN INSTRUMENTS/PATRICIA K. PALMER. 'There are two (2) parcels off El Camino Real , owned by Mrs. .,Pa-tricia Palmer (f.rom the Estate .of Ralph Palmer), which. Beckman Instruments is desirous of purchasing. The City Engineer had informed Beckman Instruments that the City would .need an access road between these ." two parcels in order to pr.ovide access to the adjoinin$ . owner's parcel. Mr. Paul Swirsky, Attorney, spoke on behilf of Mrs. Palmer and explained to Council if they were required to put an improved road the length of 'the property, the parcels wo.uld cease to be functional. I DISCUSSIOV WAS COfIPLETED ON THE FOLLOWING MATTER. I, Mrs. Patricia Palmer, Mr. Tony Howard-Jones and .M.r. John klamaux (who represented owners of 232.'. acres in the area) all spoke in favor of this parcel split. Mr. Paul Swirsky, Attorney, made the following ' . offer to the City, on behalf of Beckman Instruments: in fee, at the north end of the property, to the Ci.ty for the purpose of providing access to the adjoining property. ~ Beckman would offer to dedicate a 30 foot easement, Councilman Frazee rna.de a motion that the Counc'l .. approve the request for a parcel split and Improvement- . a 30 foot easement along the north line of the property x X'X Ayes Agreement be waived. Applicant to dedicate, in fee, 'Motion j for road purposes. 1 7, PUBLIC HERRINGS. ,- 3:05 -p-..lL I I [99] (a) Qenda' Bi1.l .#889 To consider 4 request 1 for an amerrdment to a"Sp'e'c'ifjc Plqn (Ordinqnce 9258) to allow an extension of time to November 17, 1974, I .. 1 6r-Y .ui- .CARLSBAD .c 0 MINUTES OF bIEETING - October 3, 1972 ~~~:~~rrr=l~~~~~.,~- """" for ternporary bank building and parking facilities, on Southeasterly corner of El Camino Real and Hayrnar Drive: APPLICAMT: Continental Service Com'pany. , property located approxi-mately 160 feet South of the Affidavit of Publication was presented by the * City Clerk, accepted and ordered filed. There were .no communications received on this .matter, andno one from the audience wished to speak. Mayor Dunne closed the -public hearing with . unanimous consent of the Council. After discussion of this matter by Council, the following Resolution was adopted, with further reading waived. . e RESOLUTION NO. 2085 .Ai.l.tJOUi\lCING FINDINGS AND IOECISIO~~S REGARDING Arl AMENDMENT TO A SPECIFIC PLAN (ORDINANCE 9258)ON PROPERTY SOUTH OF THE SOUTHEASTERLY CORNER OF EL CAM1140 .REAL AND HAYMAR DRIVE. , .. ORDINANCE NO. 9333 AMENDING ORDINANCE. NO. 9258 ADOPTING A SPECIFIC PLAlj ON PROPERTY LOCATED APPROXI- ' MATELY 160 FEET SOUTH OF THE SOUTHEASTERLY CORNER OF EL CAMINO REAL AllD HAYMAR DRIVE, was introduced and ' . passed to a second reading. [llo] (b) AGENDA BILL 9785. To consider an Amendment to Title 14 of the Carlsbad Municipal Code, concerning Ready-to-Serve charges and increases in water rates. Affidavit of Publication was presented by the City Clerk, accepted and .ordered filed. -. There .were no communications received 'on this matter,. and no one from,the audienc'e wished to be heard. Mayor Dunne closed the public hearing with the unanimous consent of the Counci!. m Counci 1 proceeded to discuss -the proposed water rate increase, charges, etc. Councilman McComas stated if we continue with the present water rates, the City Reserve Fu.nd would soon be depleted. He requested Council appraval in order that we may retain a pay-as- you-go water system. Mayor Dunne spoke in opposition to this increase and stated his reasons, with Council- man Frazee speaking in favor. Council continued to discuss all phases of possible involvement should these increases and charges be instituted. It was suggested that the sale of surplus properties owned by the City Mater Department may be considered as a possible means to obtain monies that may be applied against our bond indebtedness. After brief discussion with Mr. Jerry ' Pieti (who compiled this report for the City) and City Engin'eer, Council requested a few minor changes to the Resolution as presented. Mr. William Baldwin, Assistant to City Manager,. informed Council tha€ he had compi1e.d a list of scrplus properties belonging to the City Water Department. -2- . 1 w LUUIUL~L,I\~I 241 I I Motion Ayes .Motion Ayes !:lo ti on Ayes Motion Ayes " .. \t Q' q-"y (51 '0 \I i i, qp;<; :5p ." \-:i I y,y =/f !J CLM*IrYa.,..v.>: I *x xx xx xx; xx: CITY -OF CARkdL2F!D CP LUUNLlLi\iji '. h MINUTES 0F.GOUMCIL MEETING, Octjber 3, 1972 aYac~71'**lmrz.="~k~Td<,z- "- ._Y_Y """ .I He.stated he did .not feel qualified to make a proper real estate appraisal of these pr.operties, as the hold- ings inv.olved were each different,. and each would re- quire a special type of appraisal. Council then request Mr. Ealdwin to do an interim appraisal of. these properti After further discussion by Council ,' the follow- i.ng Ordinance was read in full , as amended, and ad.opted as 'an Urgency Ordinance. ORDINANCE #4013 Al'i URGENCY 0RDII;IANCE OF THE CITY.OF CARLSBAD AYENDING AND REPEALING PARTS OF TITLE 14 RESPECTIllG UATER REGULATIONS, OF THE CARLSBAD MUNI'CIPAL CODE(AMEND1NG OEDITIANCE t!O. 4001 s2 AND REPEALING PARTS OF ORDINANCES 4001 THROUGH 4012). 1. RESOLUTION #2098. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD RESPECTING .!4ATER RATES, CHARGES AflD BILLING.S, AND RELATED REGULATIONS, was adopted as amended. .' 1 Councilman McComas made a motion that. the Council direct the I:'ater Committee to do a rate cognizance study and inform Council how we stand financially, with regard to rate structure. [43J (6) .AGENDA BILL #882. Appeal of decision by Plannlng Commission, denying request for a Conditional Use Permit to allow est,ablishment of an auto yard business in the Ponto area. APPELLENT: Eugene M. 'Chapet There were no communications on this matter, and no onein the audience wished to speak. City Clerk advis.ed Council- that Mr. Norman Vetter, a.ttorney for the Appellent., requested that the date of November 8, 197.2 be the continued date for this matter. This matter was heard before Council on September 19, 1972 avd continued, but no dat.e had been set at th.at time. Counci.1 was agreeable to the November 8, 1972 continued date. _' 8. ' DEPARTMENTAL REPORTS A. Engineering and Public Works E451 1. Agenda Bill #890 . Water Systems Improvement C.ontract #1000. . Council discussed this matter with the City .. Engineer, the amount of the contract being $31,111.75, and. following action was taken.. *. (a) C.hange Order #27, .Schedule I, approved (b) Change Order #6, :. Schedule 11, 'approved. .. 1) ~1131 1. Agenda Bill #857 (.continued from 8-19-72 B. P1 anni ng Appeal on request for annexation zone change fro1 County Zo'ne E-1-A to. City of Ca.rlsbad P-C 'Zone, and 'L. adoption of Master Plan. APPLICANT: Carrillo Rancho 'A Partnership. I w I 1 j I Tr 1 qi g c=\ [I A? c .: i-::! \.f -. 242 ", .F =..2 ?d !S . blot i on Ayes Noes X Motion Ayes .Noes X Motion Ayes X Mo t-i on Ayes X X Motion Ayes Motion 1 .I Ayes t t +, 1, L \ .. I I i r i * \e P',- /c ): I c: .I - xi; ZA>L...d X x; X XI X x 3 I xx (X xx - -3- . 0 mr.&- . e. 0 * Lf t Y LA- C/ARtdBAD c- "- kUc/LYL-;lllVi MINUTES OF COUlJCIi MEETIMG Ocbber 3, 1972 - *a" . -r:."" ,.p'"a"""G*-%"- I .e The City Attorney advised he felt this may be . the first case affected by the Friends of Mammoth vs. Mono County, Supreme Court decision. He felt an Enviro mental Impact Study nlay be in order. He stated that because the amendment to the General Plan had not been properly advertised, at the Planning Commissiion level; Resolution 82086 was not in order for adoption at this time. This amendment will be processed through the Planning- Commission, and then the City Council by a publ i c heari ng. Mayor Dunne advised Council and the audience of pertinent facts regarding the Mammoth impact on. the.City of Carlsbad in particular, and felt some sort of a stand.and/or policy should be set out for contract etc. to use as guidelines; most importantly he explaine the need for the City staff to have a procedure t'o follow with regard to issuance of permits, etc. Discussion ensued between Councilmen and members of the publ icy as we1 1 as certain members of the staff, as to the Friends of Mammoth deci.sion and . guidelines to follow for the future;.until some clarifi policy is set up for local officials to follow. After extensive discussion, the following Resolution was .adopted as read. RESOLUTION #2083. A RESOLUTION OF THE CITY couruxL OF THE CITY OF CARLSBAD, GRAMTING THE APPEAL OF DECISION OF. PLA2NING COMMISSION REGARDING ZONE CHANGE FROM R-1-10,000 TO P-C (PLAlNED COMi4UNITY) , AND ADOPT10 OF A MASTER PLAN OF 853 ACRES LYING SOUTHERLY AND NORTHERLY OF PALOMAR AIRPORT ROAD AMD APPROXIMATELY TWO MILES EAST OF EL CAMINO REAL. ORDINANCE #9'332 RECLASSIFYING CERTAIN PROPERTY FROM R-l-70,000 TO P-C (PLANNED COMMUNITY) ZONE AND ADOPTION OF A MASTER PLAN ON 853 ACRES LYING SOUTHERLY AND NORTHERLY OF PALOMAR AIRPORT ROAD AND APPROXIMATELY TU0 MILES EAST OF EL CAFSZINO REAL, passed to a second ' reading . - C. Purchasi ng 1 mi . I. AGENDA BILL #741. (Supplement #2) approv of L.ease-Contract Agreement for three (3) surplus free- way parcels for park purposes. This matter had been discussed by Council at .a previous Council Meeting. .Councilman Lewis stated that previously he had voted negative,on this matter, but wanted to change his vote at this time to a positiv vote'. Councilman Chase expressed the desire to have the development plans by the Park and Recreation Depart ment approved by Council-before being carried out. There was no formal vote taken on.this request. Mayor Dunne and the City Clerk were authorized to execute the Lease Agreement with the State of California, for three (3) surplus freeway parcels, for a period of 50 years, at the rate of $100.00 per year per parcel. I \ y17.J; %:! (-I\ "J \ q /,-- \;;;$ "'i 243 \ """ -*e, i . rs , d Motion Ayes X Motion Ayes X) I 1 i Motion Ayes x: *-\I: \.IT, ' \<,! 2, \; i."&,. X x; X (X .! KX 1 i I i .* -4- CITY .OF 'CARLSBAD COiJi~ClLk~i 0 "0 . .. . .c)u f MINUTES OF COUMCIL MEETING OCTOBER 3, 1972 " ." ~~~ ~~ ~~"_~~~~~.~"~ ~ [78] 2. AGENDA BILL #891. Request by Noise Ordinancc Coimittee f.or funds to lease'equipment, to conduct noise 1 ev-el survey. During discussion of this Agenda Bill by Council, Coun-cilman Chase questioned the amount of $200.00 for a one (1) month lease of this,equiprnent. Captain Rash confirmed he was going to.operate this equipment himself, and funds would be needed for only one month.. Approval was given this request for funds in the amount of $200.00 for rental of metering equipment, for 'a period of one month. Mayor Dunne complimenteg the-Noise'Ordinance Committee for their long hours of dedicated effort put forth in this project. D. LIBRARY [63] ' 1. AGErlDA BILL #894. Request. for em.ployment 'of Library Consultant to prepare Master Plan for Carlsbad City Library. . Councilman Frazee stated he had not been present at the initi.al discussion of-this matter and asked that he be clarified on details regarding the manner ,in which the Consultant was chosen, if other firms we.re contacted, etc. < Mrs. Ge'orgina Cole, City Librarian explained to all present, that the Library Board of'Trustees had written letters to several 1i.brary consultant firms, but Raymond M. Holt & Associates, who conduct.ed khe Master Plan s.tudy for the State Library and is thought to be the best firm- in the State.-for'this type of work, were selected. Council inquired as to where the funds would come from to conduct this study, and Mrs. Cole'explaine if they did not use Revenue Sharing fands, this project would be financed out.of the Library Reserve fund, Councilmen suggested as far as the Revenue Sharing fund go, these funds not be used until they have had time -to set up .a 'priority 1 ist. .. Notion was made for Council approval. of the services of Raymond M. Holt and Associates to prepare Master Plan study for Library, not to exceed the sum' of $6,000:, to be transferred f.rom the Library Fund balance to Professional-Technical Services. E. CITY MANAGER [29] 1. AGENDA BILL #892. Approval of adjustments' in City Attorney's budget and authorlzation for trans- fer of -funds. .. Counci.1 approved adjustments in City Attorney's budget as recommended, and authorized the . transfer of $8,091.00 from the General Fund Reserie to the City Attorney's Budget Account. .. 9F 2 1 " 244 Motion Ayes .. I Motion Ayes Motion A y' e s c O'qr\{ <I (1 CiI :- FfT 7;. C$' /?' .F L :.jr -: -s+n.;.E"s I xx: t I r XXI I xx I) 5?ElLX -. -. 0 . CITY .OF .CARLSBAD LUUNL!lM .' MI!IUTES OF .COUNCIL MEETING October 3, 1972 e- - - " 2. AGENDA'BILL #895. . Resolution 2087, amending ;Resol uti.on #2050 by adding Salary Range XA for classifi- 'cation of City Attorney. .. R€SOLUTION #2087. A RESOLUTION OF THE CITY COUMCIL OF THE CITY OF CARLSSAD, AMEMDING C'IT FOR 1972-7.3, adopted. [26] 3.' AGENDA BILL #893. Approval of pro matters regarding La Costa Annexation. - RESOLUTI-OF~ No. 2050 ADOPTING A SALARY PLAN FO Councilman Chase inquired as to "Who are we stipulating to", and if we had a list of assets to be. assumed by the City from La Costa. City Manager, Jack Arnold, advised that we ape stipulating to LAFCO and produced a list of assets to be assumed by Carlsbad. Discussion followed. regarding the apparent replacement and/or substitution of an item on this list. It was suggested that the Mayor contact the Board of Superviso and straighten this matter out at that level.. After furt'her discussion, the City Manager 'was instructed to write to the Board of Supervisors and..obtain an exact absorbed by the City of Carlsbad. ' list with serial numbers, etc., of the assets to be City Clerk advised that we have followed all steps necessary to complete this annexation, and produced 'a letter directed to LAFCO to request waiver ;of Condition.#7, which involves the dissolution of Service- District #2.. * .. Minute Motion was made that approval be given for the Mayor to 'execute the Stipulation to LAFCO, and.Ci.ty Clerk instructed to forwa.rd the letter to 'LAFCO-requesting waiver of .Condition #7. 9. ORDINANCES FOR ADOPTION. The fol'lowin 'were given a second reading and adopted. C701 (a) AGENDA BILL #858 - ORDINANCE NO. 3093 '.REGULATING AQUATIC AREAS AND DEVICES, AMENDIN I OF CHAPTER 11.24 OF THE CARLSGAD MUNICIPAL (REPEALING ORDINANCES 3025, 3085 AND PARTS. OF 3076, 3033 and 3035). C11M' . (b) AGENDA BILL' #880 - ORDINANCE NO. ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE FROM C-2 (GENERAL COMMERCIAL) TO RD-M (RESIDENTIAL DENSITY-MULTIPLE) ON PROPERTY LYING ON THE EAST SIDE OF ROOSEVELT S-TREET BETWEEN OAK AVENUE AND PINE AVENUE.. (Thomas Monreal) [gg].. (c) AGENDA BILL #881 - ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED ON THE WESTERLY SIDE OF JE.FFERS0N STREET OPPOSITE LAS FLORES . DRIVE (Bruce Farley Corporation). .. -6- C'ITY -OF -CARLSEAD .. COUhrCtLl\r, .I =.x- o -0UirCIL -* " MEETING v October -72 4- e- 10. COMSENT CALENDAR The following items were approved by one mo affirming' the actions on the Consent Calendar. A.- AGENDA BILL #897 - Corr.espondence Advis , . I321 1. Resolution #46-72 frorn the City of I Moon 6ay, opposing-Proposition 20, acknowle and ordered filed. L-1021 2. Letter from Djvision of Highways advisin present activities in State Bicycle Studies Program, acknowledged and ordered filed. C531 B. ' AGENDA BILL #860. Approving -Temporary License Agreement between City of' Carlsbad and Presented, and Elayor Dunne was authorized to execute sai.d Agreement. C. AGENDA BILL k898. Request for approval of Population Certification from St-ate.. * Carlsbad Cable-TV, Inc:, was approved as * c 3'3 1 - . AT THIS POIFIT IN THE MEETING, before going into Execu- tive Session, Mayor Dunne and Councilmen discussed at length the recent Supreme Court ruling on the Friends of Hammoth vs Mono County case, regarding Enviromenta'l Impact Statements. They discussed the effect this ruling will have on not only North County, but all of the State. Being unable to come to an agreement 2 as to definite guid.elines for all departments involved, it was agreed by all present that an adjourned meeting be called for Tuesday, October 10, 79.72 at 6:OO P.M., in the Council Chambers , to discuss this matter and .. to adopt, a format to be followed. 11. *. . EXECUTIVE SESSIO~.I Mayor Dunne called an Executive Session at.l0:5 . P.M. to discuss personnel and committee/cornmission appointments. Council convened at 12:05 A.M. The Mayor announced the following persons had been appointe to the Advisory Committee on Senior-Citizen Affairs: C281 Gilbert Southwell, Royal Smiley, . . ' Martha Ganoe, Ralph P. Monell and Charles Kayko. . . Mayor Dunne suggested Amy Villalobos, Housing Authority, be contacted to find out the objectives of thi.s Committee, and when the p'roposed members are con- tacted, they be advised of this objective. .. [69]' ' Council instructed a letter of appreciation be sent to Mrs. Patricia Palmer for her dedicated work on the Parks and Recreation Commission, and a letter to Mr. Gordon Sears advising of his appointment to the 11031 Mayor Dunne advised no decision had been made as to the appointment of a new Traffic Safety Commissioner. Parks and Recreation Cornriission. .. . 7 ,, e =xu.=. * ,. .. 0 CITY -OF CARLSEAD ... COUidCf,il.dE *I .. MINUTES OF~C,OlJl4CIL MEETING October 3, 1972 . -1 li " .12. ADDITIONAL BUSINESS 1 .- City Council - See Below 2. City Attorney - None 3. City Manager - None .. [26] 4. City Engineer - RESOLUTION, NO CITY COUNCIL OF THE CITY OF CARLSBAD, DIR TO PREPARE DEBIT LIMIT REPORT .UNDER THE'S MENT IMVESTIGATION AND MAJORITY PROTEST ACT OF 1931, . This Resolution authorizes the purchase of . adopted as read. , Bonds for Cannon Road Improvements, to the firm of Stone & Youngberg. City Council - Councilman .McComas informed Council tha on his way to. the meeting his car was hit .by a person on a bicycle, said bicycle had no lights; He. requested the Police Department be requested, again, to cite thes violators as they are a definite hazard. that the City Manager write a memo to the on this subject, and furnish the City Cou same. 13. RATIFICATION OF BILLS AND PAYROLL 8 (a) Ratification wa.s given the pa for the Chamber of Commerce,. in th $1907.14. - (b) Ratification was given payment .of bills for the General Expenses of the City in the amount of $91,523.52, consisting of General Operating. Expenses $81,956.69, Wa $5,545.38, and Water Improvement the amount of $4,021.45,- for the 16 through 30th, 1972, as certifie Auditing Committee. (c). Ratification was given the pa . .Payrol.l in the amount .of $68,209.6 period from September 16 through 30th, 1972,' as certified by the Director of Fi by the Auditing Committee. 14. ADJOURNMENT: By proper motion, the meeting was adjourned at 72:20 A.M.