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HomeMy WebLinkAbout1972-10-30; City Council; MinutesCITY .of-= CLi,p\LS5b,D muhJciL"f;4 4 'I r- / ' tAinutes of: CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting: October 30, 1972 Time of Meeting: . 6 Place of Meeting: 7:30 P.M. Counci 1 Chambers " 1- ROLL CALL: 2- INVOCATION: 3- PLEDGE OF ALLEGIANCE: 4- PUBLIC HEARINGS: - 7~30 P.M. 'c261 (a) Agenda Bill #896.- Supplement #3. Cannon Road Improvement. '- Resolution of Intention #2096, to . consider t.he establishment of an improvement distri Cannon Road; and the establishment of an Undergrollnd Utility District as called for in Resolution No. 2097: Said.work to be done on Cannon Road and Agua Heaionda Rd. from Carlsbad Blvd. to the tree row approximately 600 feet east of Interstate Highway .No. 5.' e The Mayor announced this is the time and place fixed by the City Council for hearing objections or prote on the proposed work, or the extent of the assessment district, or on the proposed grades under Resolution of Intention No. 2096, providing for road'construction. and underground utilities, on Cannon .Road and Agua . Hedionda Rd. The City Clerk presented the Affidavits of Publication Mailing and Posting and a motion was made that the Affidavits be accepted and ordered filed. The Mayor requested the City Clerk to read all protests that have been filed and the Clerk introduced the fo.llowing correspondence in opposition, whicb was read ' in full: 1) Letter dated O'ctober 18, 1972 from Mr. W. D. Cannon, protesting. improvement o specifically the center divider which would depreciate his pr0pert.y. 2). Le 25,'197?, signed by hiljiam W. Ward and Susan Ward, -$pposfng -the .improvement prjnarily on 'the grounds they are not being benefitted by the improvement and alr have the improvements required by the Subdivision Ordi- nance. 3) Letter dated October 26, 1972 from A.T. & S.F. Railroad signed by J. G. Fry, Gen Engineering, requesting deletion of th assessment against operating railroad right-of- no proven benefit exists, said assessment for roadway lighting. ' 4) Letter dated October 30, 1972, signed by Mr. and Mrs. McAdams, Ms. and. Mrs. Stephens and Mr. a.nd Mrs. Poggemeyer, protesting assessment, compris of the four owners of residential property bounded by Cannon road, stating their agreement that the impr of Cannon Road is of no practical benefit to them. The Mayor announced the C.ouncii would like to hear from .. those persons who have filed written protests i'n suppor of those protests. James W. Street, Attorney located in Carlsbad, repre- senting Mr. and Mrs. McAdams, Mr. and Mrs. Stephens and assessed value of each of the three properties and of the assessment which would be placed on the properties if the district was formed. Further, he stated it was the feeling of his clients that si'nc three homes face either on El Arbol or Los Robles, the improvement is of no benefit to them. It was the of his clients, also they they did not need curb 'and gutter and the existing lighting was sufficient to meet ' as Streets and Highways Code Section 5300 forbids such B Mr. and Mrs. Poggemeyer, informed the Council of the 1 their needs. QUI t 'i .of- -&Jv3"L/-'\D WWUI EWILIV, .* .. Q- October 30, i972 .~ 260 A"",- "" lso heard by the Counc.i.1 was Mr. Frank DeVo of .Land Department of San Diego Gas and Electric Company who informed the Counci1,he is opposed to the proposed raised islands on both sides of A.T. .& S,.F.:, of which .there will be one on the east side and one on the west side. He further explained that Cannon Road is the only road access into the large parcel of property owned by S.D.G. & E. The Mayor declared the Public Hearing closed. The Mayor informed the Council that followin with the City Engineer earlier in the day, a reassessmen available. The City Engineer explai'ned the basi's of the original e assessment which excluded City participation and stated an analysis was made of the assessments and improvements proposed and 1isted.five (5) alternatives which were available. Further, he stated a sixth alternative would be to delete these property owners from the Assessment District, but pointed out that this would not be a recommendation of the staff. Upon inquiry, the City * Engineer informed the Council Cannon Road is an arterial street and there is no set po1ic.y for funding this type of im.provement. Mr. Judson Naiman, Assessment District Engineer, explain ed to the Council, the manner in which the assessment district was spread. Lengthy.discussion was held by the Council with regard to the Underground Utility District and the raised is- lands on Cannon Road. Review of the entire assessment district was made by the Council and it was the decision ,o.f the Countil to call a recess to'all.ow those partie-s opposi-ng the district an opportunity to deci the alternatives offered by the City, they w Mr. Tim Flanagan, Public Works Department, indicated the possible necessity o.f returning to the 1ow.bidder if substantial changes in the assessment district were made .. - was made on the properties and som'e alternatives were . . to obtain their permis,sion to delete portions of the. . contract. A recess of-the Public Hearing was called at 8:40 P.M. ' to allow.those property owners, represented by Attorney Street,. an opportunity to arrive at a decision and De'- partmental Reports were discussed in the interim. The Council reconvened t6 the Public Hearing at 9:05 P.M, and Attorney Street announced that all three of the pro- perty wwners are requesting to be totally excluded from f the Assessment District. The City Engineer informed the' Council that it has been City.Policy.to require residential streets to have curb, gutter and sidewalks to allow pedestrians a place to walk and recommended to the Council that curb, gutter and sidewalk be installed on the southerly side of -. a. @ Cannon Road. Following further discussion, a motion was made that th matter of Cannon Road Improvement be.continued and that the staff be instructed to delete the raised center divider curb on those portions of Cannon Road west of 1-5 excepting within the right-of-way of A.T. & S.F. Rai 1 way. . -. lr a &?L,\P,< 7- r\: %\ (\\ / i ,+)i ,>:': /: ~ \ .-e py, pj :?* g ;Irl =-&Pi t&:,-%-+ I I f xxx ., . .' CITY -OF .. C/l\RLSBP\D LUUNClLbAi -3- 6 October 30, 1972 . .- - "- FA. v The following Resolution. was adopted by title only with fur'ther reading waived: , Resolution No. 3009. A RESOLUTION OF THE CITY COUNCIL F THE CITY OF CARLSBAD, CALIFORNIA, FINDING THAT THE CANNON ROAD IMPROVEMENT IS IN ACCORD WITH THE CIRCULATIO ELEMENT OF THE GENERAL PLAN OF THE CITY OF CARLSBAD. A question arose as to passage of the other documents involved in the assessment district and Mr. Ridgway Whitternore., of Woolley, Crake, Collins and Ward, Att0rn.e and Special Counsel for the Assessment District advised . the Council that since certain deletions have been con- sidered by the Council at this meeting, any action with regard to o'ther documents involved in the' assessment district be continued to allow time 'for preparation of revisions. * It was agreed that:the staff be instructed to have 3 the revised documents prepared and presented to the Council at an adjourned meeting; that the four property owners be excluded Trom the district; and improvements. be made from the northerly side of Cannon Road to the Centerline. Further, that an-additional 12 foot lane sou€herly of the centerline be funded and co'ml-,leted bv t 3 (City and- the underground lighting be deleted lfrorn the"di (kg::$, Bffe"5896. 4-S,c,dy and e and Items 1, 2, and 3 of I) , .I I Motion Ayes 'S le ,- A motion was made to continue the decision of the Public November 2, 1972 in the Council Chambers at 6:OO P.M. , Ayes Hearing to an adjourned meeting to be held Thursday, Motion [1131 (b) Agenda Bill #912. To consider a request for . zone change and adoption-of a Specific Plan on property located on the east side of Jefferson Street and north of the proposed Marron Road. Applicant: FAWCO The Ci'.ty C1er.k pr'esented the Affidavit'of Pub'lication and a motion was made that the Affidavit be accepted and -*- ordered f i 1 ed. < ,. !Those speakjng in opposition to the proposed Specific Plan were Mr. Ph.ilip Stanbro, Garfield Street, Envi'ron- mental Consultant, and :Mrs. Betty Wollrich, 4150 Skylind Road, representing Carlsbad Parks and Recreation-Commission' and the Buena Vista Lagoon Committee, who were opposed only to a small portion of property on the west side' of the new alignment of Jefferson Street being included in the proposed specific plan. Reason for opp.osition was based on the fact that that portion of land has been'appraised and .may be acquired by the State. The 'Public Hearing was closed. .. .. I Following discussion, Resolution No. 3007 was adopted by title only with further reading .waived: I .' Resolution No. 3007. A RESOLUTION OF THE CITY COUNCIL Motion @ FF:THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISI!N Ayes REGARDING CHANGE OF ZONE FROM R-A-10,000 TO C-2 AND Noes ADOPTION OF A SPECIFIC PLAN, ON PROPERTY LOCATED ON THE EAST SIDE OF THE EXISTING JEFFERSON STREET AND.NORT4 OF THE PROPOSED MARRON ROAD. ~~~ +j d." \ !\.. r~) \*::: v,-Li :..: axmram!-*7'n:."z xi x XX) I xx .. x 8. .. CITY OF -II-CARLSBAD COUNClkl\FfEN 6. Octob.er, . '\. .. . ' ,, 30, 4972 The following Ordinances were introduced for a first reading by title only and passed to a second reading: Ordinance No. 9334. AN ORDINANCE OF THE CITY OF CARLS BAD ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED EAST OF JEFFERSON STREET AND NORTH OF THE PROPOSED MARRON ROAD. Ordinance No. 9335. AN ORDINANCE OF THE CITY OF CARLS BAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE FROM R-,4-10,000 TO C-2 (General Commercial) ZONE ON PROPERTY LOCATED ON THE EAST SIDE OF JEFFERSON STREET AND NORTH OF THE PROPOSED MARRON ROAD. Councilman Lewis requested the record indicate that he was not opposed to the entire specific plan but to tha one portion of property located on the west side of the new alignment of Jefferson Street. The following Resolution was adopted by title only with further reading waived: Resolution No. 3008. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AMENDING THE GENERAL PLAN OF THE CITY OF CARLSBA.D (CITY COUNCIL RESOLUTION NO. 1271 FOR FAWCO, A PARTNERSHIP ON PRO.PERTY LOCATED ON THE EAST SIDE 0.F THE EXISTING JEFFERSON STREET, AND NORTH OF THE PROPOSED MARRON ROAD. 1 5- DEPARTMENTAL REPORTS: 1 (A) Fire Department. I351 1. Agenda Bill #913. Approval of archi- tectural services contract for f5re station at Chest- nut Ave. and Catalina Street. Following discussion of this matter, a motion was made that approval be given the hiring of Ferguson-diGirola and Associates for architectural services for the fire station to be located at Chestnut and Catalina Street, in an amotint not to exceed $5,200 and authori- zation was-given the Mayor to execute the contract on behalf of the City. f' B. City Manager. C291 1. Agenda Bill #914. Recommended expendi- tures ..- re: Revenue sharing. Mayor Dunne requested this matter be continued and appointed Councilman Chase and Vice-Mayor McComas to reviel., the varied priorities,. consult the other . ~ Councilmen, and present their recommendations..-of those matters with the highest priorities to the Council ~ A motion was made that the City Manager and City . Engineer be instructed to contact the PUC and the' . Santa Fe Railway to discuss possible solutions with regard to the railroad crossings in Carlsbad. [851 2. Agenda Bill #915. Standing operating . procedure for studies. I It was agreed by the Council this matter be deferred for further study. a. 7. 3 CITY' .OF -5-'CARLsBAD @ October 30, 1972' :-I- I ~ .. . "" I C. P1 anni ng E451 1. Agenda Bill 8916. Departmental recommend, tion on Planning Consultant services to up-date and revise General plan. The Associate Planner-explained the areas of revision in the General Plan which will be under study. Discuss was held by the Council regarding the areas of study and the Associate Planner informed the Council, certain areas of 'study, such as, Seismic Safety, Safety, and Noise are mandated items and should be adopted by Janu- ary,l, 1973 to comply with the State Law. A motion was made that authorization be 'g.iven for the hiring of the firm of Lampman .and Associates, as re- commended by the staff. . 6- ORDINANCES FOR ADOPTION.: The following Ordinance were presented for'a Second Reading and adopted: [25] 1. Agenda Bill #506. - Supplement 82. Ordinance No. 1148, approving the annexation of "South Carlsbad . Annexation Ne. .1.13" (Lanakai) I Ordinance No. 1148. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN INHABITED NO. 1.13" WHICH IS CONTIGUOUS TO THE CITY, UPON THE- TER CONTAINED IN THE QUESTION SUBMITTED AT A SPECIAL ELECTd HfLD ON THE 3RD DAY OF OCTOBER, 1972. < 7- ' CONSENT CALENDAR: TERRITORY DESIGNATED AS I~SOUTH CARLSBAD ANNEXATION A. CORRESPON-DENCE - Advisory. 'B. CORRESPONDENCE - Referral. C861 1. Agenda Bill #917. To staff for repl-y, 'let,ter from Carlsbad Raceway requesting varian.ce to allow a trailer to house watchman. '. Following discussion by the Council, it was agreed that this matter be deferred and the City.Manager was in- structed to contact the Carlsbad Raceway to clarify certain questions raised by the Council, prior to a decision being' made. C. RESOLUTIONS FOR ADOPTION: [ 10.01 1. Agenda Bill #918. Resolution #3014, authorizing City Clerk to examine State Sales Tax Revenue. The -f-oll.owing.Resolution was adopted by title only wi,tt further reading waived: . .. 'I Resolution No. 3014. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE CITY CLERK OF THE CITY OF CARLSBAD OR HER DULY AUTHORIZED DEPUTY TO I EXAMINE STATE SALES TAX RECORDS. i \ LtfUNCtLi>'i pi a %,\\"\{ c cy<; 1"" i :I*:* :i 263 - zR7*<-x\W !$ - on. Mot i on xx: Ayes X Motion Ayes XX) S N I & _.4 - Motion. xxx Ayes X .. i 'I I* 'CITY .OF CARLSEAD CC>UNCtl,i\4 ZL .. -6- I) "" Octobe~~1972 25"" . 8 -. ADDITIONAL BUSINESS: 1.. City Council. i ~051 (a) Letter commending the City of Carlsbad" re: HUD Housing. - Mayor Dunne informed the City Council , a 1 etter had been received from M'r. Jerry October 25, 1972, commending the City of Ca HUD Housing. C371 (b) Public Hearings. Councilman Lewis in- - quired if the.Counci1 would like to discuss the possi- bility of holding Public Hearings but deferring any + decision until the next regular mee,ting, as is done in some cities. It was agreed that this matter could be . Bosclair, Indian Community Affairs Officer, dated discussed at the next regular meeting. 2. City Manager. C771 (a) Environmental Impact Guidelines. It, was agreed by the Council that this matter be deferred to the adjourned meeting. 9- ADJOURNMENT: By proper motion, the meeting was adjourned at 11:30 P.M. to Thursday, November 2, 1972, in the City Council Chambers, at 6:OO P.M. Respectfully submitted, % /{A&d NORA K. GARDINER .Deputy City Clerk . .. !P I, *