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HomeMy WebLinkAbout1973-02-20; City Council; MinutesCITY OF CAALS6AD COUNCiiiv4EN \ Meeti ng of: CITY COUNCIL (Regular Meeting) Counci fmen were present. INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (a) Minutes of the regular meeting held on February 6, 1973, were approved as presented. COUNCIL COMMITTEE REPORTS: Reports were given by Councilmen and no action was taken. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 7:15 P.M., and reconvened to the Council Meeting at 7:30 P.M. with all Councilmen present. PUBLIC HEARINGS: The Mayor declared the Public Hearing open at A staff report was given by the Planning Direc- tor, who pointed out the proposed ordinance would allow certain flexibility for side yard setbacks on special topographic situations such as cul-de-sac lots, and extreme elevation differences on contiguous lots. The Public Hearing was closed and following discussion by the Council , it was their decision that Section 21.08.040, Paragraph 3, Subsections "b" andl'c" prohibiting window and/or door openings in adjacent building walls, and prohibition of a habitable room adjacent to a habitable room, be deleted from the proposed ordinance. The matter was returned to the Planning Commission for further report. DEPARTMENTAL REPORTS. A. Parks and Recreation. 1. Agenda Bill #1043. Request for transfe of funds to purchase lawn renovator. John Sonnhalter, acting Parks and Recreation Director, gave a brief staff report, indicating the scope of use for the requested equipment. It was his opinion that it would adequately serve the present park areas within the City but would not be suitable with increased park lands. Following discussion, the Council authori'zed a transfer of funds from Account 5-114-3 to Account renovator. k CITY ul- LARLSBAD uuwr *UZLtf&L& 1 -2- February 20, 'i973 4- i 'I 1 8- DL?AHMENTAL ?,EPC?.TS (continued) A. P2rks and Recreation. C841 2. Agenda Bill #1044. Request for transie of funds to ?srchase gymnastics tumbling mats. The Acting Parks and Recreation Director gave the Council background information on the availability of school tumbling mats, stating that they were not adequate for use in the program for elementary childre which the Recreation Department has scheduled. It was moved that authorization be given for transfer of funds from Account 5-133-8.0 to Account 5-133-9.1, in the amount of $90.0, for the purchase of gymnas ti cs tumbl i ng mats . 3. The departmental report was acknowledge and ordered filed. I .. 6. Purchasing. I Y:,I,ti ons. 1. Agenda Bill X1045. Ambulance Speci- Jerry Pieti, Purchasing Officer, reported on efforts made to obtain ambulance specifications. He offered the Counci'l two alternatives to consider. (1) To purchase an ambulance configured and equipped by the vendor, and (2) to purchase a van shell and configure and equip it separately. Lloyd Almond, Carlsbad City Fireman, addressed the Council, informing them of his experience and knowledge regarding ambulance service and requirements He urged the Council to give favorable consideration to a body style with a 60" minimum headroom. Fire Chief Anear also spoke, recommending that in the interests of economics, consideration be given a van shell, separately equipp.ed, with a 54" minimum headroom. Arthur F. Simpson, representing Superior Ambu- lance and Mobil Homes, :ad&ssed the Council, outlining a variety of units -and methods from which to-choose. The Council concluded that further information was necessary and returned the matter to staff. I C. City Attorney. 1 Wl 1. kenda Bill $1046. Sump Property - (Fether Matter) - located off Foussat Rd in Oceanside. The City Attorney summarized the history of the subject property and recommended the follovling resolu- tion authorizing the Mayor to execute a quitclaim deed be adopted to complete the steps necessary to clear th City's title to the Sump property. ~~ The follokving resolution was presented and adopted. i I L1 CITY OF CARtSBt4D COUNCILMEN =wsa 1 1 l e L: - 3- February 20, 1973 . ~~~.~~. - ~ "~~~ 8- DEPARTMENTAL REPORTS continued. RESOLUTION NO. 3069. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A QUIT- CLAIM DEED FROM FIRST AMERICAN TITLE INSURANCE COMPANY FOR CERTAIN PROPERTY LOCATED IN THE CITY OF OCEANSIDE, CALIFORNIA, AND AUTHORIZING THE NAYOR TO EXECUTE A QUITCLAIM DEED RELINQUISHING CERTAIN RIGHTS TO SAID COMPANY ON PROPERTY IMMEDIATELY ADJACENT THERETO. D. City Manager. 1701 1. Agenda Bill #1047. Report on accrued Park-in-lieu fees. John Sonnhal ter elaborated on the written repor which had been submitted, stating that plans and specifications for tennis courts in Laguna Riviera are about complete and that the cost will be approximately $20,000, including lights. The report was for information only and no action was taken. 1701 2. Agenda Bill #1048. Holiday Park Expansion. The Council instructed the staff to notify property owners in the Holiday Park area that further expansion of the park was no longer being considered, thus removing any cloud of title on their properties. It was also requested that the City Attorney examine the contract with Lampman and Associates and official1 terminate any further activity on park expansion since its expansion was contingent on obtaining HUD funds. It was moved that the City Manager's recornmenda tions, as contained on Agenda Bill #1048, be approved, with the deletion of "General Plan Consultants" in item 3. Councilman Chase stated that at least one prop- erty owner in the area considered for expansion had a building permit which was about to expire, and that because the City had prevailed on him to defer con- struction, it was hoped an extension of time would be given him and any others found in the same situation in that area. EXECUTIVE SESSION: The Mayor called an Execut Session at 9:00 P.M. to 'discuss personnel and reconvened at 9:ZO P.M.. The Mayor announced that no action had been taken. 9- ORDINANCES FOR ADOPTION: The following ordinances were offered for a second reading, by title only, and adopted by the vote here-in indicated. ~381 (a) Agenda Bill #738. ORDINANCE NO. 1156. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLS- BAD, CALIFORNIA, AMENDING CHAPTER 2.12 OF THE CARLSBAC TIONS, COivlPENSATION AND TERMS OF EMPLOYMENT OF TEE CIf I4ANAGER. MUNICIPAL CODE TO REDEFINE THE POWERS, DUTIES, OBLIGA- r $\ 4 X X T 8%3 a b u $6 ! I xx; f . -_ X . ...~ ,,,. :-:A< h: ,* _I . . .. . . ... I* . . ... . . .. ,. CITY OF ' CRRLSBAD COUMCIth4ER February 20, 1973 - 4- "=G= 9- ORDINANCES Fori ADOPTION continued. ' 761 (b) Agenda 6ill #1032. ORDINANCE NO. 1157. AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 2.24 OF THE CARLS MISSION. MUNICIPAL CODE RE: ESTABLISHMENT OF THE PLANNING COM- * [113] (c) Agenda Bill #1018. ORDINANCE NO. 9344. AN ORDINANCE OF THE CITY OF CARLSBAD RECLASSIFYING PROPERTY LOCATED AT THE NORTHEAST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL. (ZC-l04)(Mamaux and Stalford) CERTAIN PROPERTY FROM P-C AND R-A (10,000) TO P-M ON lWq (d) Agenda Bill #1031. ORDINANCE NO. 9345. AN RDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLS- BAD, CALIFORNIA, AMENDING SECTION 5.24.145 OF THE MENTS FOR A WATCHMAN'S TRAILER. 1 0- CONSENT CALENDAR: CARLSBAD MUNICIPAL CODE BY CLARIFYING TECHNICAL REQUIRE- The following item was approved by one motion affirming the actions on the Consent Calendar . I B. PROCLAMATION: C801 1. Agenda Bill #1050. "Women of Achieve- ment Week,'' April 1 through 7, 1973, proclaimed. A. Agenda Bill #1049. CORRESPONDENCE. Removed from the Consent Calendar for discussion. I3 061 (1) Letter from SDG&E - re: Encina Power Plant, requesting time to present a description of the new Unit #5 project at a special conference, was dis- cussed. The Planning Director recommended that such a meeting be arranged, but requested that it be at a time other than February 23rd when the Council and the Planning Commission are scheduled to meet. The Mayor stated that SDG&E would be allowed to make their 30 minute presentation at the February 23 meeting. C681 (2) Letter from California Property Brokevs Inc. - re: Terramar Unit #5 and #6, requesting the Council to declare the area bounded by' Carlsbad Boule- vard, Manzano Drive, El Arbol .Drive and Cannon Road as being 80% occupied and the Regional Coastal Com- mission so notified. Mr. John 'E. McCoy, 14022 East Ramona Boulevard, Baldwin Park, California, addressed the Council in behalf of California Property Brokers and urged favor- able consideration of his company's request. 1 Councilman Frazee, a member of the Regional Coastal Commission, informed the Council that the Com- mission was awaiting a ruling from the Attorney Gen- eral on handling this particular type of request, and that it is not within the province of the Council to grant Mr. McCoy's request. It was further recommended to Mr. McCoy that he make his request to the Commissio I 'i I Y j ' .I +I CITY OF CARLSBAD - 5- ILI D D Y February 20, 1973 11- CONTINUED BUSINESS: [11oJ (a) Agenda Bill #lo06 - Supplement #l. Report on \dater Rate Study. Jerry Pieti, Administrative Assistant, reportec on the status of the water rates study, stating that i is the recommendation of the staff that the Council nc consider any rate or charge reductions to water con- sumers at this time. Mr. Pieti pointed out that if a reduction to multiple dwellings and agricultural rates is effected, then an increase to single dwelling dom- estic users must be considered. Tony Howard-Jones, owner of Beach View Lodge and Beach Terrace Apartments, was heard by the Council He felt that the ready-to-serve charge of $3.85 was more properly described as a tax or assessment. He urged the Council to consider a more equitable ready- to-serve charge for multiple dwelling units. Mayor Dunne questioned the wording used in Res- olution No. 2098 setting water rates and ready-to-serve charges. It was his feeling that the wording is such as to allow a misinterpretation of charges. Jack Kubota, consultant to the CMWD, was .invited to speak. He stated that all water will escalate in cost; Feather River water will be introduced into the system in 7975 and at this point,-there is no estimate of what it will cost. He suggested that perhaps the City should be considering means of spreading the costs over a broader base, as it did for its sewer sys tem. Councilman Lewis asked if any progress had been made as to consolidation of the CMWD and the City Water System. Councilman McComas stated that until such time as one of the entities presents information as to the feasibility of consolidation no further action will be taken. [INSERT - CORRECTION - see page 71 instructed to notify the Chairman of the Water Corn- mi ttee to call a meeting of the committee to further study certain sections of the resolution and ordinance on water rates and charges, in order to clarify the intent as to rates for multiple dwellings. Following d.iscussion, the City Manager was L971 (b) Agenda Bill #1024. Poinsettia Lane Grade Railway .overcrossing. A staff report was given by Hunter Cook, wherei he stated the City has applied to the PUC for Grade Separation Funds and has been assured that it cart expect State funds for 50% of a.11 costs of construct- ing the grade separation. He further stated the Developer is anxious to proceed with his portion of the project. Ken Watson, representative for Occidental Pet- roleum, spoke to the Council, informing them of plans to build approximately 300 houses within six months tc a year. He stated the crossing is vital to the dsvelopment of the area. I I I' t- i ! I I ! n I 1 .. . .'.. .. , COUNCl LM E r" I I I I I 1. ~ s I1 6;f i Y OF CARLSSAD LUUiULlLMf - 1 1 -"-7 1 4 I I j $ i 1 -6- - rebruary 2C, 2973 ~ ". ~ ""_."."" ~ ""_ 11- CO~~T~,~~~'E~~ sgs IP;EsS conti nu&.. . 1971 A motion was made that the Council approve the project in Frinciple and notify the State of the' City': intention :2 proceed in 1973-74. ~971 (c) Aqenda Bill #7025. Annual Street Resurfac 1ng and Sea7ing Program - Contract No. 1073. The Public Works Director reported that plans and specifications are complete on the above named project. He stated that investigation of Highland, Park and Hillside Drives indicated the 'inclusion of Park Drive for capping. Highland Drive for slurry seal and the exclusion of H-illside Drive because it was recently resurfaced. After Council discussion the following resolu- tion was presented and adopted, by title only. RESOLUTION NO. 3070. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS' ON CONTRACT 1013, THE ANNUAL STREET RESURFACING AND SEALING PROGRAM. [loo] (d) Agenda Bill #l028. Taxes on City leased AT&SF Property.. The Council acknowledged the copy of a letter from Mr. Baldwin to the AT&SF Railroad Company regard- ing payment of taxes on properties being leased from the company. The staff was instructed to reproduce and distribute the letter written by the City Manager to Assemblyman Stull on this matter for the benefit of the Councilmen. 12- NEW BUSINESS: [421 (a) Agenda Bill #1051. Recognition of John A. Frazier's Domestic Well as a Site of Historicaf Sig- . nificance._ Mr. John F. Maurice, Carlsbad, addressed the Council and urged the adoption of a resolution to recognize the subject well. The folloving resolution was presented and adopted. RESOLUTION MO. 3077. A RESOLUTION OF THE CITY OF CARLSBAD RECOGNIZING THE SITE OF JOHN A. FRAZIER'S DOMESTIC t.IEL.1 AS A SITE OF HISTORICAL SIGNIFICANCE. 13- ADDITIONAL BUSINESS:, (a) City Council. C281 1. Agenda Bill #1015. Request for appoint merit of Cultural Goals Committee deferred. c401 2. Agenda Bill +1040. Appointment to the Carlsbad 9uilding Authority. The Council appointed i. J. i-fukinj; to the Carls bzd 3uiId.ing Authority.and directed to staff to write a letter of appreciation for his years to service to E. H. Jose, Jr, Y 3 { P y 'tO F\* .& f xx X xx I COtlNGfLMEN CITY QF CA,RLSESAD -7- February 20, 1973 =-" l 3- ADDITIONAL BUSINESS CONTINUED. b W1 3. Agenda Bill $1052. Appointment to the Parks and Recreation Commission. The Council directed the staff to prepare a letter of appreciation to Gordon Sears for his service on the commission, No appointment was made to fill th vacancy created by Mr. Sears resignation. (b) City Manager. No report. [35] (c) City Attorney. The City Attorney reported'on the status of the sign ordinance and referred to a memorandum which he had written regarding the Tri-City Auto Center road. He requested Council concurrence on the points of understanding in his memorandum. - .. .. [INSERT - CORRECTION at bottom of page] [30] Sign ordinance enforcement was discussed by the Council, and it was pointed out that there are several non-conformjng new signs in the City. It was felt tha this was due to a "de facto moratorium", precipitated by the forthcoming sign ordinance revisions. The City Manager was instructed to investigate sign violations. .. .. , Councilman McComas urged the Council and staff to lend their support and participation in a softball game between the Girl's Club softball team and the City on March 4th, at 2:OO P.M. 14- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of the bills for the General Expenses of the City in the amount of $117,900.27; Water Department - $24,302.28; Water Construction - $6,822.91, and Investments - $200,000, for the period February 1, through February 15, 1973, as certified by the Director of Financ'e and approved by the Auditing Committee. Ratification was given the payment of the pay- roll in the amount of $77,365.15 for the period Febru- ary 1, through February 15, 1973, as certified by the Director of Finance and approved by the Auditing Committee. 15- ADJOURNMENT: I By proper motion the meeting was adjourned at 11:OO P.M. io February 23, 1973, at 2:OO P.M. Respectfully submitted, 1 I CORREC Lid IONS: Page 5, Agenda Bill #1006-Supp.#l - Cmn. McComas reques the minutes be corrected to show his statement as follo 'I.. .that until such time as one of the entities presents information as to the feasibility of. cos reduction further action would seem inappropriate 1 Page 7- The City Attorney requested the jinutes be corr B to show "The Council c0ncurre.d." II