HomeMy WebLinkAbout1973-02-06; City Council; MinutesMeeting of: CITY COUNCIL (Regular Meeting)
Date of Yeeting: February 6, 1973
Time of Meeting: 7:00 P.M.
Place of Meeting: Council Chambers
1 - ROLL CALL: I
2 - INVOCATION was offered by Mayor Dunne. I
3 - PLEDGE OF ALLEGIANCE was given. I
4- APPROVAL OF MINUTES: I
(a) Minutes of the regular Meeting of January
16, 1973, were approved as corrected.
5- COUMCIL COMMITTEE REPORTS:
(a) CIC, C.P.O. and Coastal Commission. Coun-
ilman Frazee briefly reported on the CIC, C.P.O. and
Coastal Commission Meetings and no action was taken.
3 I
[TI (b) Sign Commi ttee. Councilman Chase inquired
of the status of the Sign Committee proposals. The
City Attorney informed him there were some technical
problems and a memorandum had been prepared regarding
the nine (9) proposals of the Sign Committee. Further
the City Attorney suggested that action against ille-
gal signs be held in abeyance until the sign ordinance
is adopted and that a formal moritorium on any action
taken against illegal signs be considered by the Counc
r L~U] Q (c) Yater Comitttee. Councilman Mcqomas stat-
ed that the question of water rates was reGiewed by th
Water Committee and it was moved that th$ Council be
advised that the Committee reaffirms its prior re-
commendations with regard to water rates. The motion
was unanimius. Also discussed by the Committee was
the possible consolidation of the operation and main-
tenance effort of the water system with CMND and that
it is recommended that the Council take such action as
is necessary to determine the best method of operation
which will result in the lowest ultimate cost to the
water user and taxpayer in the City of Carlsbad throug
alternate methods of operation such as: 1) CMWD operat
system 2) City operated system 3) Continue to operate
as two systems. It was felt by the Committee that an
impartial study be made as to the best method of
operation.
Following discussion by the Council, it was moved that
the City Manager be instructed to take whatever action
is necessary to initiate a study.
[28] (d) Mayor's Youth Committee. Councilman Lewis reported on the last meeting of the Mayor's Youth
Committee. No action was taken. I
[lo51 (e) Inter-Governmental Personnel Grant Act.
Mayor Dunne referred to a memorandum written bv him I
anb dated January 29, 1973, in reply to a letter from
Mrs. Muriel Goldhammer, Urban Affairs USCD, regarding
Inter-Governmental Personnel Grant Act and requested
Council's thoughts on this matter by February 9, 1973.
6- HOUSING AUTHORITY: I
[lo51 The Council adjourned to the Housing Authority
at 8:50 P.M. and reconvened to the Council Meeting at
9:05 P.M. with a11 Councilmen present. I
February 6, 1973
7 - PUBLIC HEARINGS: I
The Hour of 7:30 P.M. having come and gone,
Mayor declared the Public Hearings open at 7:40 P.M. thel
C1141 (a) Agenda Bill #1017. To consider a request
by the Planning Commission for a Zone Change Amendment
to provide for a revision of the side yard setbacks
applicable to the R-A, R-1 and R-2 Zoning Districts.
The City Clerk presented the Affidavit of Pub1 ication
and reported no correspondence had been received, A
motion was made that the Affadavit of Publication be
accepted and ordered filed.
The Planning Director presented a staff report and
transparency of the proposed zoning amendment. He
explained the purpose of this request was to allow
flexibility in site design and further to allow the
storage of recreational vehicles in the rear yard of
residences.
The Fire Chief commented that when the distance is
measured, it should be measured between buildings, not
between walls.
Mr. William DeLong, 3600 Highland Drive, Carlsbad,
commented that there is 10' less set back on one side
- ofthe building but on the outside, there is a 15' or
sometimes 20' set-back.
The Mayor declared the Public Hearing closed. I
Lengthy discussion was held by the Council and it was
agreed further review would be necessary. A motion
was made that the matter be continued to the next
regular meeting .
[I131 (b) Agenda Bill #1018. To consider a request
for zone chanqe from Zone P-C and R-A to Zone P-M I
(Planned ~ndustrial) on approximately 232 acres 1 ocate:
on the northeast corner of Palomar Airport Rd. and
El Camino Real (Case No. ZC-104) Applicant': Mamaux-
Stal ford.
The City Clerk presented the Affidavit of Publication
and reported no correspondence had been received. A
motion was made that the Affidavit of Publication be
accepted and ordered fi 1 ed.
A staff report was given by the Planning Director,
which included a transparency of the location of the
proposed zone change. The City Attorney offered back-
ground information on the Environmental Impact Report
which indicated the environmental impact was non-
significant, following its review by the Planning
Commission. .
Mr. John Mamaux, 1393 Basswood Avenue, Carlsbad,
informed the Council he was in concurrence with the
Planning Commission's recommendations and stated an
Environmental Impact Statement would be filed at the
time the Specific Plan is filed.
The Public Hearing was closed at 8:15 P.M.
COUNCILMEN
February 6, 1973
8 - DEPARTMENTAL REPORTS: I
A. Building Department.
[741 1 . Agenda Bi 11 nU1020. Request for addi -
tional Personnel in Building Department. I
An explanation for the need of additional personnel
in the Building Department was offered by the Director
of Suilding and Housing. Discussion was held by the
Council following the City Manager's statement that he
had turned the request down but it was his policy that
if a department head could not agree in such matters,
the department head could appeal to the Council. It
was the decision of the Council that this matter be
tabled since a decision had already been reached by
the City Manager and that further negotiations could
be carried out by the City Manager and the Department
Head.
B. Fire Department.
[Sll 1. Agenda Bill #999. Fire Protection Surv I
Discussion was held by the Councl regarding the matter
of a Fire Protection Survey and the following Resolu-
tion was adopted by title only with further reading
waived:
Resolution No. 3060. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO SIGN A CONTRACT WITH GAGE-BABCOCK &
ASSOCIATES, INC. TO PERFORM A COST EFFECTIVENESS STUDY
AND LONG RANGE PLAN FIRE DEFENSES AND AUTHORIZING
EXPENDITURE OF $5,000 IN FEDERAL REVERUE SHARING FUNDS
FOR SAID STUDY.
Councilman Chase requested on behalf of the City Coun-
cil that the City Manager and Fire Chief insure the
submission of the report to the City within 120 days.
C511 2. Agenda Bill #I021 . Approval of prel im-
inary floor plans and elevations for proposed Fire
Station.
The Fire Chief reviewed the preliminary floor plans
and elevations for the proposed Fire Station which
were displayed for the Council's review, and explained
the practicality for future use.
Approval was given the preliminary floor plans and
elevations and the architect was directed to complete
his contract by preparing the specificatjons. Further,
it was requested that the original plans be obtained
for the City.
C. Library.' I
C631 1. Agenda Bill iY894. Supplement #I. Re- I
Quest bv Raymond Holt for extension of time to present
"car1 s bid C: ty Library Master Plan Study". I
Approval was given an extension of time until February
28, 1973 on the proposal for a "Carlsbad City Library
Master Plan Study", as requested by Raymond Holt..
February 6, 1973
D. Parks and Recreation. I
1701 1. Agenda Bill #1023. Resolution #3061,
establishing park-areas for implementation for Chapter
20.28 which provides for land dedications or payment
of in-lieu fees.
An explanation was given by the City Manager and two
maps entitled Exhibit "A" and Exhibit "B" were dis-
played for review by the Council which would reduce
the number of park areas from twenty-nine to seven.
Discussion was held by the City Manager and the follo
ing Resolution was adopted by title only with further
reading waived:
Resolution No. 3061. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING PARK
AREAS FOR IMPLEMENTATION OF CHAPTER 20.28 OF THE MUNIC
PAL CODE WHICH PROVIDES FOR LAND DEDICATIONS OR THE
PAYMENT OF FEES IN LIEU THEREOF FOR PARK PURPOSES IN
CONNECTION WITH LAND DEVELOPMENT IN THE CITY.
E. Planning.
C571 1. Agenda Bill #916. Supplement #I.
Approval of proposed Work Program and Contract for
General Plan Revision.
The Planning Director presented a staff report regard-
ing the proposed Work Program and Contract for Genera1
Plan Revision and stated that the first six phases'
have a State deadline of June 30, 1973.
Following lengthy discussion by the Council and furthe
explanation offered by Mr. Paul Neal, representing
Lampman & Associates, approval was given the Work Pro-
gram for the General Plan Revision and the Mayor authc
ized to execute the contract between Lampman & Associ-
ates on behalf of the City.
F. Public Works.
[261 1. Agenda Bi 11 #871. Supplement #l. Amended map for Highland Dr. Sewer Assessment District
NO. ADr2-1969.
Following discussion, Resolution No. 3062 was adopted
by title only with further reading waived:
Resolution No. 3062. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, APPROVING "AMENDED MAP OF
ASSESSMENT DISTRICT NO. 2-1969".
1971 2. Agenda Bill #1024. Poinsettia Lane
Grade Separated Railway overcrossing. I
Councilman Chase requested this matter be continued
to the next regular meeting. I
[971 3. Agenda Bill #1025. Annual Street Resur-.
facing and Sealing Program - Contract #1013. . 1 I
Following discussion, a motion was made that the matte
be continued to the next regular meeting and that staf
consideration be given to including Highland Drive,
Hillside Dr. and Park Dr. in the street resurfacing
overlay program, and that cost figures be provided for
the intlusion of these streets.
I
COUNCILMEN
February 6, 1973
G. Purchasing. I
C841 1. Agenda Bill #1004. Approval of 2-ton
Dump Truck Specifications.
Councilman Chase inquired of the Purchasing Agent what
the status of the AM Radio was in the specifications
and he was informed the AM Radio was deleted.
The following Resolution was adopted by title only wit
further reading waived:
Resolution No. 3050. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSEAD. CALIFORNIA APPROVING SPECIFI- I
CATIONS AND AUTHORIZING-THE PURCHASING AGENT OF THE
CITY TO INVITE BIDS FOR A TNO-T-ON DUMP TRUCK.
1841 2. Agenda Bill. #883. - Supplement #l.
Rejection of bids and solicitation of new .bids for Air I
~ondi tioning System in City Council Chambers. I
A motion was made that the bids be rejected and the
staff be authorized to readvertise for bids on an air-
conditioning system in the City Council Chambers.
Councilman Chase requested the staff expedite this
matter.
H. - City Manager.
[373 1. Agenda Bill #1026. Request for addi-
tional distribution of Planning Commission and City
Council Agenda Pac.kets.
Following discussion, a motion was made that a copy
of the agenda packets for the City.Counci1 and Plannin
Commission be made available at the City Library.
C241 2. Agenda Bill #1027. Report on Animal Regulation Services.
The City Council acknowledged receipt of the informa-
tion presented, and the City Manager recommended that
the Council discuss.the animal regulation service leve
during budget deliberations.
3. Agenda Bill #1028. Request by AT & SF
ailway for payment of taxes on city leased property. I
Following explanation by the City Manager and lengthy
discussion by the Council, the staff was instructed to
prepare a letter to Assemblyman John Stull requesting
that he initiate action to seek relief from the law
which requires payment of property taxes by the AT & S
Railway. Further, the staff was instructed to prepare
a resolution authorizing payment of property taxes
under protest to the AT & SF and approving the amendme
to the lease proposed by the AT & SF Railway. a 0
'[MI 4. Agenda Bill #1029. Request for trans-
fer of funds to provide matching funds for CCCJ Grant. I
Discussion was held and the fol1owin.g Resolution was
adopted by title only with further reading waived:
Resolution No. 3066. A RESOLUTION OF THE CITY COUNCIL
DF WSBAD, CALIFORNIA, APPROPRIATING
FUNDS FOR THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
GRANT FOR THE COMMUNITY SERVICE OFFICER PROJECT.
February 6, 1973 -
A recess was called by the Mayor at 11 :25 P.M. and
Council reconvened at 11:35 P.M. I
[701 5. Agenda Bill #1030. Construction of
public access to points to the beach areas.
Councilman McComas commented that a number of people
in wheelchairs have requested that accesses be made
for wheelchairs and that a platform be provided for
use by the wheelchairs.
Following discussion, the City r4anager was instructed
to prepare and present cost estimates on beach access
at Elm Avenue and Grand Avenue for discussion during
the budget sessions.
9- ORDINANCES FOR ADOPTION: H (171
['*I. ' (a) Agenda Bill #991. Ordinance #9342, The
following Ordinance was given a second reading by
title only and adopted:
Ordinance No. 9342. AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD AMENDING SECTION 21.42.010
(2) (D) OF THE CARLSBAD MUNICIPAL CODE TO PROVIDE FOR
CIRCUSES AND CARNIVALS UNDER CERTAIN CIRCUMSTANCES ON
APPROVAL OF THE CITY NANAGER.
10- ORDINANCES FOR INTRODUCTION: I
The following ordinances were given a first reading
by title only with further reading waived: k ., I
[?81b''/(a) Agenda Bill #1031. Ordinance No. 9345.
AN ORDINANCE-OF THE CITY CouNcfL OF THE CITY OF cARLs- I
BAD, CALIFORNIA, AMENDING SECTION 5.24.145 OF THE
CARLSBAD MUNICIPAL CODE BY CLARIFYING TECHNICAL REQUIR
MENTS FOR A WATCHMAN'S TRAILER. 1
C76 1 (b) Agenda Bill #1032. Ordinance No. ;1157.
AM ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CERTAIN SECTIONS OF CHAPTER-2.24 OF
BAD MUNICIPAL CODE RE: ESTABLISHMENT OF THE PLANNING
COMMISSION.
11- CONTINUED BUSINESS: I
[ 38 I (a) Agenda Bill #738. Revised Council -Manager
Ordinance No. 1156. I
Lengthy discussion was held by the City Council regard.
ing the revised Council-Manager Ordinance and the
followin Ordinance was given a first reading by title
only wi t.2 further reading waived:
Ordinance No. 1156. AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER
2.12 OF THE CARLSBAD MUNICIPAL CODE TO REDEFINE THE
POWERS, DUTIES, OBLIGATIONS, COMPENSATION AND TERMS OF
THE CITY MANAGER.
[70] (b) Agenda Bill H1000. Revision and automatio
of Rotary park Irrigation System. I
This matter was continued pending a determination as
to whether AT & SF Railway will request the City to
pay taxes on Rotary Park.
February 6, 1973
[lo21 (c) Agenda Bill #1003. Resolution #3048, desig
nating as one-way the alley entrance located between
State Street and Roosevelt Street on the north side of
Elm Avenue. i
This matter was referred to the Traffic Safety Commis-
sion for report and recommendation.
12- CONSENT CALENDAR: I
Councilman Chzse requested Item G be .removed fro
the Consent Calendar. t
The following items were approved by qne motion affirm
ing the actions on the Consent Calendar: I
A. Correspondence - Advisory. None. I
B. correspondence - Referral. None. I
C. Proclamation.
[ 80 1 1. Agenda Bill #1032. Mayor Dunne proclaim
ed "Vocational Education Week - February 11th thru
February 17th". I
[451 D. Future Improvement Agreements. The follow-
ing improvement agreements were approved and the Mayor
was authorized to execute the documents on behalf of
the City.
C451 1. Agenda Bill #1033. Authorizing Mayor
to execute Future Improvement Agreement - re: Parcel I
Split #I74 for property located on Park Dr. Applicant
Jack Y. and Patricia R. Kubota. I
C451 2. Agenda Bill #1034. Authorizing Mayor to
execute Future Improvement Agreement re: Parcel Split
HI77 for property located on Roosevelt St. south of
Beech Ave. Applicant: Walter A. and Virene Dewhurst.
[451 3. Agenda Bill #1035. Authorizing Mayor to
execute Future Improvement Aqreement - re:' Parcel 1
Split #I87 for property located on Chestnut Ave.
Applicant: Dorothy A. Gugl ielmetti. I
C451 4. Agenda Bill #1036. Authorizing Mayor
to execute Future Improvement Agreement - re: Lot I
Split ,#I88 for property located-on High1 and Ave. and
Adams St. Applicant: Charles A. Anthony. I
[741 E. Agenda Bill #1009. Changing description for
classification of Administrative Assistant was approv-
ed by the Counci 1.
- [s] F. Agenda Bill #1037. The following Resolution
was adopted:
Resolution No. 3063. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING THAT
1 THE PUBLIC EMPLOYMENT PROGRAM AS AN IMPLEMENTATION OF ; THE FEDERAL GOVERNMENT EMERGENCY EMPLOYMENT ACT OF
1971 HAS GREATLY BENEFITED THIS MUNICIPAL AGENCY.
February 6, 1973
I Resolution No. 3063. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CITY
COUNCIL RESOLUTION NO. 2050 ADOPTING SALARY PLAN FOR I
0
I THE CITY FOR 1972-73. I
ITEMS REMOVED FROM THE CONSENT CALENDAR:
$7
G. Agenda Bill #1038. The follo\rring Resolution
was adopted.
Councilman Chase said he had requested this agenda bi7
removed from the consent calendar so that an addendum
could be added. I
13- NEW BUSINESS:
[221 (a) Agenda Bill #1039. Request by Carlsbad
Chamber of Commerce to change name of Palornar Airport.
The following Resolution was adopted by title only wit
further reading waived: t
Resolution No. 3065. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THE I BOARD OF SUPERVISORS TO CHANGE THE NAME OF PALOMAR
AIRPORT TO CARLSBAD AIRPORT. I
EXECUTIVE SESSION:
Mayor Dunne called for an Executive Session at
12-:35 P.M. for the purpose of discussing Personnel.
he Council reconvened at 1:20 A.M. and the Mayor
announced the matter of Personnel was discussed and
the following appointments were made:
[28] American Revolution
Bicentennial Committee.
Dr. Howard Harmon
Jayce McCl el 1 an
Maria Gardiner
Tony Howard-Jones
Lou Sciarra
Barbara King
John Maurice
Central Business
District Action
Commission.
Jayce McClellan
The Mayor further stated the appointments to the Ameri
can Rev01 ution Bicentennial Cornmi ttee must be confi rue
There was.;no ,apppintment to the Building Authority at
this time.
14- ADDITIONAL BUSINESS:
(a) City Counci 1.
1 Agenda Bill #1015. Request for appoint
ments to Cultural Goals Committee.
Mrs. Hope Wrisley appeared before the Council represen
ing the proposed Cultural .Goals Committee and presente
a list'of prospective members. She stated the Committ
would like a membership of fourteen.
A motion was made that the concept of a Cultural Goals
Committee be approved in principle with the understand
ing that it is a recommending and advisory committee
to the Parks and Recreation Co~nmission and the City
Council.
Mrs. Wrisley informed the Council she would temporaril
handle the comnlittee until a Chairman was appointed.
COUNCILMEN
. - ClTr OF CARLSB- COUNCILMEN
-10-
February 6, 1973
2. Agenda Bill #1040. Appointment to
Carlsbad Building Authority.
Following the Executive Session, it was announced by
the Mayor that no appointment had been made to the
Building Authority.
3. Agenda Bill #1041. Appointments to
American Revolution Bicentennial Committee.
Mayor Dunne announced unconfirmed appointments to the
American Rev01 ution Bicentennial Committee, fol lowing
an Executive Session.
(b) City Attorney.
(c) City Manager.
1. The City Manager announced he would not
be present for the next regular meeting of the City
Council since he would be in Oakland, California.
2. The City Manager requested an approxi-
mate two hour rap session with the Council regarding
their thoughts on what some of the Capital Improvement
should be.
ADDITIONAL ITEMS NOT ON AGENDA:
osition 20 - Coastline Initiative.
ion was held by the Council regarding
the effect of Proposition 20 on the Encina-Leucadia
Sewer Project and the installation of the crossing
gates at the railroad crossings. It was felt since
the installation of crossing gates was ordered by the
PUC, the City is obligated to have the crossing gates
installed without delay and that althoug
apply to the Coastal Commission, the crossing gates
would probably be installed prior to approval by the
Coastal Commission.
It was suggested by the City Attorney that a letter be
I
written to the Attorney General to deter
for the City. The City Manager stated h
a letter to the Attorney General regard
(b) Agenda Bill #1042. Request to sell
tickets to charity event within public right-of-way-
Mr. Harris, 7321 Plaza de La Casa, appeared before the
I
Council with a request to use the City's right-of-way
to sell tickets to the Andy William's Golf Tournament
and explained the proceeds from the sale of tickets
will go to charity.
Following brief discussion, a motion was made that the I
request be approved, subject to the prov
applicant sign a traffic control agreement and that
nothing be done to hamper through traffic.
[281 (c) Fi re Protection Committee. Councilman
McComas suggested the reinstltution of the Fire Protec
tion Cornnlittee and the Mayor requested that Councilman
McComas submit some names for appointment to the
committee. Councilman McComas stated he would like
other members of the Council also to submit names.
I
'i
February 6, 1973
It was requested that $700 of the City of Carlsbad's
SB 325 planning funds be ahthorized for use toward the
completion of the subregional North San Diego County
Transit Study.
The following Resolution was adopted by title only wit
further reading waived:
Resolution No. 3067. A RESOLUTION OF THE CITY COUNCIL
OF-THE CITY OF CARLSBAD SUPPORTING THE CITY OF OCEAN-
SIDE IN REQUESTING SB 325 STUDY FUNDS FOR THE PURPOSE
OF A SUBREGIONAL NORTH SAN DZEGO COUNTY TRANSIT STUDY.
[84] (e) Agenda Bill X993. Request for approval of
sole source of supply bid for 1/4 ton Two-Wheel, right
hand drive Jeep Dispatcher 100's.
The Purchasing Agent explained the reason for this re-
quest and discussion was held by the Council.
A motion was made that the Purchasing Agent be author-
ized to negotiate the purchase of two right-hand drive
Jeep Dispatcher 100's as authorized in the budget on
the basis of a sole-source of supply.
15- RATIFICATION OF BILLS AND PAYROLL:
Ratification was given the pyament of bills Tor
the Genera1 Expenses of the City in the amount of
$283,016.47 and the Water Department in the amount of
$1,831.28 for the period January 16, 1973 through
January 31, 1973, as certified by the Director of Fin-
ance and approved by the Auditing Committee.
Ratification was given the payment of the payroll
in the amount of $84,440.68 for the period January 16,
1973 through January 31, 1973, as certified by the
Director of Finance and approved by the auditing conmi
1341 Chamber of Commerce Bills. Mayor Dunne stated h
had audited the bills for the Chamber of Commerce and
found them to be true and correct to the best of his
knowledge. He recommended the bills in the amount of
$1,556.43 for the last six months of 1972, be reimburs-
ed the Chamber.
The Mayor announced that as a matter of information,
the Council Meeting of February 20, 1973, will be ad-
journed to February 23, 1973 at 2:00 P.M. in the City
Council Chambers and will be a Joint Meeting with the
Planning Commission.
16- ADJOURNMENT:
By proper motion, the meeting was adjourned at
1:28 A.M.
Respectfully submitted,
City