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HomeMy WebLinkAbout1973-03-20; City Council; MinutesCITY OF CARLSBAD COUNCILMEN e,' Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 20, 1973 - b w \!! Time of Meeting: 7:OO P.M. Place nf M~~f-.it-g"* Cnlrncil CbhprS 51 I 1- ROLL CALL: 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the adjourned regular meeting 0-' February 23, 1973 were approved as presented. Ayes Motion Abstain Absent (b) Minutes of the regular meeting held March Absent Ayes 6, 1973 were approved as presented. Motion (c) Minutes of the regular meeting held March Motion 7, 1973 were approved as presented, Councilman Ayes Lewis voting as to the portion for which he was Abstain present. Absent 5- COUNCIL COMMITTEE REPORTS: [68] Councilman Frazee reported on CPO and the vot- ing formula, stating a proposal which requires a unanimous vote from all member cities would redistribute the membership, giving the City of San Diego 40 and the remaining 60 to the other cities. A motion was made authorizing the Mayor to execute an amendment to the Joint Powers Agree- Motion Absent ment, thus implementing said redistribution. Ayes X X X X X Councilman Frazee also gave a brief report on a meeting of SANPAT wherein there were four areas considered for a major airport: Lindberg Brown, Miramar, and the Carmel Valley area. He further reported on permits being processed by' the Regional Coastal Commission. [281 Councilman Lewis stated the Mayor's Youth Com- mittee had'met the previous night and discussed budget. He,further remarked on the Parks and Recreation Commission meeting on Monday night. He said that interviews had been held on Satur- day and of the 12 candidates interviewed 5 had been selected for the City Manager.ls consider- ation. 9 1 D Councilman McComas invited Col. A.C. Bowen to address the Council regarding the City's member ship in the San Luis Rey Watershed Planning i Agency. I (1101 Col. Bowen gave background material on the reason for the formation of the Agency, statin the basic function would be to provide quality water control. He said the City's membership 'in the water quality management planning agenc would ultimately enable the City to have a dra matically better quality of water when the State water project becomes a reality. '9 Y - I The Council asked. if the agency had the power to float bonds and thereby obligate the member- ship. Col. Bowen stated the agency could not I I t g F k xx X xx d X xx X xx xx 7 ~ 1 ~ I i CITY OF CARLSBAD COUNCILMEN March - 2- 20, 1973 obligate the City, that each member would have a voice in the budget and therefore would not b ob1,igated to any unforseen assessments. Col. Bowen also stated that water from this source would be no cheaper than Colorado River water but that the quality would be greatly improved. The Council thanked Col. Bowen for his expertise. Councilman McComas read a letter he had received from the G.I. Forum requesting Council permis- sion to hold a boxing exhibition match at the Carlsbad High School and. stating that as a non-profit organization the proceeds would be utilized for charity purposes. A motion was made granting permission.for the G. I. Forum to hold a boxing match April 7th. Mayor Dunne informed the Council the City has heard from the AT&SF and the railroad company has agreed to pay the taxes on the land leased by the City from the railroad.. PUBLIC HEARINGS: The Mayor declared the Pub1 ic Hearings open at 7:30 P.M. (a) Agenda. Bill #1070. A request to consider preannexation zoning from County A-1-8 to City P-M (Planned Industrial), adoption of a Specifi Plan, and an amendment to th.e General Plan, to allow construction of a manufacturing facility on 50.2 acres located south of Palomar Airport Road and west of El Camino Real. APPLICANT: Systems Capital Corporation. The Affidavits of Publication presented by the City Clerk were accepted and ordered filed. Bruce Highstrete of Hughes Corporation, Ocean- side, addressed the Council. He presented' slides showing the site and the proposed plant, pointing out the basic layout will follow the natural contours'of the land. , Mr. Highstrete said that all the conditions , which the City had stipulated were acceptable to his company, but item #9 in the staff report was objectionable (relating to sewer assessment NO one else wished to be heard and the Public Hearing was closed. Mr. Cook, City Engineer, gave a staff report ar informed the Council item #9 was deleted fron the Planning Commission resolution and was not- any longer a condition for approval of the development. He said the condition was .origina included to allow lands which were being devel- oped to bear their fair share of the sewer system. He stated the Planning Commission has expressly left this matter to ihe. discretion of the Council. 7 t I I I 1 I ! Motion Ayes Absent .~ Motion Ayes Absent 1. I j IlY y \ .I' X x X xx 1 1 X xx ) ~ ~ .I CITY OF CARLSBAD - b B I COUNCllMEN - 3- March 29, 191? t ~ It was generally agreed by the Council ‘that the , ,: people who have been paying for the Encina PolJution Control Facility should not solely carry the burden of the plant and that new deve” opments should share in its cost. Councilman McComas pointed out that no sum has been established for assessment at this point and until such time as a comprehensive method of assessing all developments is reached, the City is not at liberty to name an assessment fo Systems Capital Corporation. Following discussion, Resolution #3086 was presented by title only and adopted. RESOLUTION NO. 3086. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING PREANNEXATION CHANGE OF ZONE FROM COUNTY A-1-8 TO CITY OF CARLSBAD P-M (PLANNED INDUSTRIAL), ON PROPERTY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF EL CAMINO REAL. I ‘Motion Ayes Absent Ordinance No. 9347 was given a first reading by title only. I ORDINANCE NO. 9347. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY . GRANTING A PREANNEXATION CHANGE OF ZONE FROM INDUSTRIAL), ON PROPERTY LOCATED SOUTH OF COUNTY A-1-8 TO CITY OF CARLSBAD P-M (PLANNED . PALOMAR AIRPORT ROAD AND WEST OF EL CAMINO REAL Motion Ayes Absent The following Resolutions were presented by title only and adopted by the vote indicated. I RESOLUTION NO. 3087. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I ANNOUNCING FINDINGS AND DECISION REGARDING . SPECIFIC PLAN FOR PROPERTY LOCATED ON 50.2 ACRES SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF EL CAMINO REAL,.TO BE DEVELOPED AS A MANUFACTU ING FACILITY PROJECT KNOWN AS SYSTEMS CAPITAL CORPORATION. -I RESOLUTION NO. 3088. A RESOLUTION OF THE CITY , COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE GENERAL PLAN FOR PROPERTY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF EL CAMINO REAL BY CHANGING THE RESIDENTIAL LAND INDUSTRIAL LAND USES. USE FROM LOW DENSITY (3-7 UNITS/ACRE) TO Motion Ayes Absent - Motion Ayes Absent C261 Agenda Bill #811 - Supplement #2. Highland Drive Sewer Assessment District AD 2-7969, - I Final Assessments. The City Clerk presented the Affidavit of Mo ti on Publication and a motion was made accepting Absent same and ordering that it be filed. : Ayes The City Clerk read in full two letters of, pro- test from Mr. and Mrs. Tony Latos, 2535 High- land Drive and Mr. Jerry Capp, 3140 Highland Drive. No other correspondence was received. xxx i xxx xxx xxx X xxx X CITY OF CARLSBAD b t COUNCILMEN - 4- March 20, 1973 - There was no.one wishing to. be heard and 'the '. Mayor declared the Public Hearing closed. Jud Naiman, Project Engineer, reported to the Council he had examined the properties and explained the basis for assessments, stating various authorities concurred with the method of computing said assessments. He also pointed out that while the protesting property owners felt there was no need for sewer connections to their properties at this time, that need could 'change. He remarked that the value of the property was enhanced by the availability of the sewer connection. Following discussion, Resolution NO. 3092 was presented by title only and adopted. COUNCIL OF THE CITY OF CARLSBAD CONFIRMING Motion RESOLUTION NO. 3092. A RESOLUTION OF THE CITY .a* Ayes ASSESSMENT. ASSESSMENT DISTRICT NO. 2-1969. Absent 1991 Agenda Bill #1080. - Correspondence-Advisory. (this matter was heard out of Agenda order - Item 9-A-2 on the Agenda) (Reference AB#1058 - K1 ug/Pannonia) The Council acknowledged twenty-five. individ- ual petitions and letters protesting Council action on the development known as Pannonia- Klug. Nicholas Banche, an attorney representing property owners on Skyline Drive, protested the inclusion of Skyline Drive as a major collector street by the action of the Council at their regular meeting of March'6, 1973. David Thompson, an attorney representing prop- erty owners on Sunnyhill Drive, protested the inclusion of Sunnyhill Drive as a major collec- tor street. Capt. L. W. Rash, 4156 Highland Drive, repre- senting approximately 70 property owners on Highland and Hillside Drives, spoke in support of Sunnyhill and Skyline being opened as maJor collector streets, stating that otherwise Highland and Hillside would be forced to absorb all the traffic from the proposed development, creating additional hazards in an already danagerous traffic situation. All three representatives were offered the opportunity for rebuttal. The staff stated there was a time element to be considered, i.e., the Briggs, Pannonia properties 66 acres belonging to Douglas Pacific Corpora- tion would be ready within nine to ten months and the street situation should be resolved as soon as possible. I Mr. Jerry Johnston, Douglas Pacific Corporation representative, showed the Council a sketch of the 66 acres that are being planned for develop- ment and pointed out salient features and the ' relationship, to present and proposed streets. an d .. X xxx CITY OF CARLSBAD COUNCILMEN -5- March 20, 1973 D E231 D . ,-. Discussion ensued and a motion was made by Coun man Frazee to reconsider Council action on the Tea.tative Map. The City Attorney advised the Council that such a motion could only be made by a member voting in the majority on the issue Mr. Frazee withdrew his motion and Mayor Dunne so moved. The motion was defeated by a tie vot The Mayor called for a recess at 8:55 P.M. and the Council reconvened at 9:14 P.M. .Mr. Nicholas Banche again addressed the Council and requested further consideration be given his clients on the basis that Skyline Drive was not designated as a collector street at the Planning Commission public hearing and as such they were unaware that such an inclusion would be made at the Council meeting. The City Attorney informed the assembled body that there was no legal requirement for a publi hearing at the Council level on Tentative Maps and the allegation that residents were denied the right to be heard had no legal bearing on their appeal, and no legal objection could be made on the Council's handling of the matter. He further said the Council may wish to air further comments on the matter of the Tentative Map as a means of insuring against anyone alleging they did not have a chance to speak. He also suggested that a notice be published to inform the public that the Tentative Map was to be reconsidered, if the Council wished to reopen the matter. The Council agreed to reconsider the motion .previously made in regard to the Pannonia Dev- elopment. It was further agreed to reconsider the Tentati Map submitted by Pannonia. It was the decision of the Council that further discussion of the.Tentative Map be continued to the meeting of April 3, 1973. The City Attorney recommended the developer be notified of the Council's action. Agenda Bill #lo45 - Supplement #l. Ambulance Specifications. (taken out of Agenda sequence - Continued Busi- ness - I tern 10-A) Dr. Hal Thatcher, speaking on behalf of the ci ti zens committee, recommended the Counci 7 accept the specifications which had been pre- pared by the staff with specific modifications which the committee had included. Mr. Jerry Pieti confirmed the opinion that the specifications were very comprehensive. A motion was made and withdrawn to accept and approve the specifications, with the deletion of brand name in reference to vehicle, and Resolution No. 3068 was presented and adopted. -F ( I t! (: I i 1, n i 1 -. Motion Motion Absent xx Noes X Ayes X Motion xxx Ayes X ) Absent e Motion X Ayes xxx Absent r Motion xxx Ayes X Motion X Motion X Ayes xxx Absent X CITY OF CARLSBAD COUNCILMEN - B B .01 -6- March 20, 1973 ~~~ ~ ~~- ~~~ ~"~~_~_ ~~~~ RESOLUTION NO. 3068. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. APP.ROVING SPECIFICATIONS AND AUiHORIZING THE PURCHASING AGENT OF THE CITY TO INVITE BIDS FOR AN AMBULANCE. The Council commended the committee for its efforts. 7- DEPARTMENTAL REPORTS. A. Parks and Recreation: [571 1. Agenda Bill #1071. Park and Rec-reation Element to the General Plan. John Sonnhalter, Acting Parks and Recreation Director, gave a brief staff report on the desirability of expanding the Open Space-Conser vation Element of the General Plan, and followi Council discussion authorization was given for a transfer of $4,000 from Account No. 5-114-9.1 to Account No. 5-114-8.2 and for the Mayor to sign a supplement agreement with Lampman and Associates for a Park and Recreation Element. The Council directed that grass be sown in the triangle of City property next to the freeway. The Park and Recreation status report was . . acknowledged and ordered filed. B. Planning. E991 1. Agenda Bill #1072. Request for approva of tentative map for CT 73-3 for 21 units (con- dominium) located on the westerly side of Ocean Street. APPLICANT: R.D. MILLER. A staff report was given by the Planning Dire.c- tor and discussion by the Council followed. Concern by the Council regarding sewer capacity was expressed. Again the need to determine a fair assessment for developments to accommodate sewer expansion was discussed. The following resolution was presented and item 3, 4, and 5 were'deleted on the basis of a dup- was modified to read "The applicant is urged to enter into a mutually acceptable agreement with the Carlsbad Unified School District ..." Resolution No. 3089 was adopted as amended. , lication of existing requirements, and item 9 RESOLUTION NO. 3089. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 73-3) ON PROPERTY .LOCATED ON THE WESTERLY SIDE OF OCEAN STREET, BETWEEN GRAND AND ELM AVENUES. 1991 2. Agenda Bill #1073. Request for approvai of tentative maD for CT 73-4 for develoment of .:,'. , .. L.2 '* 102 units (condominium), located on the'souther side of Caringa Way between Alicante Road and Altisma Way, to be known as La Costa High1a.nds. APPLICANT: La Costa Properties, 1972, Ltd. ~ A staff report was given and following Council P 1' I. A 9 Motion Ayes Absent Motion Ayes Absent Y X xxx 7 X xxx j . "" ..~ . " - CITY OF CARLSBAD COUNCILMEN B b March - c993 E571 (571. I 1 ~ I ~ E681 - 20, 1973 -7- - discussion, the following Resolution was presen and adopted. RESOLUTION NO. 3090. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, LOCATED ON THE SOUTHERLY SIDE OF CARINGA WAY, BETWEEN ALICANTE ROAD AND ALTISMA, AND TO BE KNOWN AS LA COSTA HIGHLANDS. APPROVING TENTATIVE MAP (CT 73-4) ON PROPERTY 3. Agenda Bill #1074. Request for approval .of tentative map for Carlsbad Tract 73-6 for development of 24 unit condominium located on the southerly side of Navarra Drive between Viejo Castil la Way and westerly terminus of Navarra Drive to be known as Costa Verde. APPLICANT: Costa Verde Associates. Following discussion, Resolution No. 3091 was presented and adopted. RESOLUTION NO. 3091. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 73-61 ON PROPERTY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE BETWEEN VIEJO CASTILLA WAY AND THE WESTERLY TERMINUS OF NAVARRA DRIVE, TO BE KNOWN AS COSTA VERDE. 4. Agenda Bill #980 - Supplement #l. Request for Council to rescind action taken on December 19, 1972 regarding funding of the General Plan. The staff recommended the Council rescind actio on General Plan funding because of funds desig- nated for this purpose from Revenue Sharing Funds. A motion was made that funds in the amount of $21,000 be transferred from Account No.4-108-8. to the following accounts in the named amounts: 4-108-7.1 -' Planning Salaries $5,000 4- 75 - Planning Fund Balance -$12,000 1-75 - General Fund Balance $4,000 5. Agenda Bill #1075. Citizen Committees par- ticipating in the General Plan Revision. The Council agreed that citizen input on the General Plan Revision was desirable and felt the proposed list of organizations should be expanded to include CPO, Regional Costal Com- mission, Oceanside, as well as to such people. as those developing the Ayers property and Carri 11 o Ranch. The Council directed the Planning Director to proceed with publicity to invite the public to parcitipate in the General Plan Revision. * 6. Agenda Bill #1076. Comprehensive Plann ing Organization Regional Goal Alternatives. Thi.s matter was continued pending a joint meet- ing of the Tri-City area to be scheduled by CPO 7 I t I' I, p " ed . Motion Ayes X Absent Motion Ayes X Absent I Motion !Ayes X Absent s 1 F xx xx 7 I xx ) CITY OF CARLSBAD COUNCILMEN B 1 -8- March 20, 1973 ~ ~~~ ~-~ C771 7. Agenda Bill #1077. Selective Develop- mental Moratorium. The staff reviewed basic points of written re- port and the Council discussed the matter.. The item was continued to the next meeting pending individual conferences by Council members with City Manager and Planning Director. C. Public Works. c991 1. Agenda Bill #800 - Supplement #2. Request for approval of final map for CT 72-10 for condominium development at westerly side of Jefferson Street, southerly of Buena Vista. APPLICANT: McKeand. The Council gave approval of final map, subject to the conditions of the tentative map. E991 2. Agenda Bill #1063. Request for approvd of final map for CT 72-33 for condominium devel opment at west end of existing cul-de-sac of Navarra Drive - La Costa area. APPLICANT: Praver Brothers John J. Mamaux, representative of Praver Brothe addressed the Counci 1 and requested consi derati be given to accepting security in lieu of park fees. The Council discussed park fees and land dedica tion which had been offered by La Costa Land Development Company and the relationship to development of that area by individual develop- ers, concluding with the approval of the final map for Praver Brothers, subject to all the Conditions of the Tentative Map. D. Purchasing. 1841 1. Agenda Bill #1078. Request for author- ization to lease-purchase a dump truck. The Council accepted the recommendations of the staff and the following resolution was presente and adopted. , RESOLUTION NO. 3094. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ACCEPTING A DUMP TRUCK. BID AND AUTHORIZING THE LEASE-PURCHASE OF A E841 2. Agenda 'Bill #1079. Request for approva of Tanker Truck specifications and authority to invite bids. A motion was rnade.and seconded to adopt Resolu- tion No. 3095. A discussion by the Council ensued and it was agreed to continue the matte so that the purchase of the tanker truck could- be funded in next year's fiscal budget. The motion and second were withdrawn and the Agenda Bill was continued to April 3. I .- 'F I 1' C I( I p 58 t Motion Ayes Absent X S, n Motion Ayes Absent X Motion ,Ayes Abs en t X Motion (wi thdrawr ) 4 I' 5 X xx 1 A xx 1 xx 1 X .* B CITY OF CARLSBAD -9- Marrh ?(l- 1971 < .. [68] Agenda Bill #1061. To consider City membership in San Luis Rey Watershed Planning Agency. (this matter was heard out of Agenda order - Item 10-C - Continued Business) Referring to the report made earlier in the sented by title only and adopted. RESOLUTION NO. 3078. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE JOINT POWERS AGREEMENT CREATING THE SAN LUIS REY WATERSHED PLANNING AGENCY AND AUTHORIZING EXECUTION OF THE AGREEMENT. RESOLUTION NO. 3079. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE FIRST AMENDMENT TO THE SAN LUIS REY WATERSHED PLANNING AGENCY JOINT POWERS AGREEMENT. RESOLUTION NO. 3080. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE SAN LUIS REY UATERSHED PLANNING AGENCY PROJECT BUDGET AND PAYMENT SCHEDULE. RESOLUTION NO. 3081. A RESOLUTION OF THE CITY COUNCSL OF THE CITY OF CARLSBAD APPROVING THE PROPOSED GENERAL BUDGET OF THE SAN LUIS REY WATERSHED PLANFlING AGENCY AND PROVIDING FOR ITS PAYMENT. RESOLUTION NO. 3082. A RESOLUTION OF THE CITY OF CARLSBAD APPOINTING A REPRESENTATIVE TO THE SAN LUIS REY WATERSHED PLANNING AGENCY. (W. D. Cannon was appointed representative and Hunter T. Cook, alternate.) .. meeting, the following resolutions were pre- [281 Vice Mayor McComas, presiding at the Mayor’s . request, called for an Executive Session at 11 :I5 to discuss personnel. The Council reconvened at 11:27 P.M., and Vice Mayor McComas announced the nomination of Myles Regan to the Parks and Recreation Commission. The nomination was confirmed by a unanimous vote. [28] The following nominations to the Cultural Goal Committee were confirmed by a unanimous vote: ~ 1 ~ ~ Jerri McPherson W.C. Atkinson, Jr. Marj Templ-e Irma Richards Caroline Schindler Frank Abbott Tari Wood Char1 a Boodry Ronald Cipriano Glenda Hasselo Gracie Marnaux Joe Angarola Ray Brookhart . Kay Dunne Nancy Ricci Pat Hansen ~ 8- ORDINANCES FOR ADOPTION: I I The following ordinances were presented for a second reading by title only and adopted by the vote herein indicated: I ... . ” - I COUNCILMEN Motion Ayes X Absent xxx Motion Ayes X Absent xxx Motion l Ayes ’ Absent xxx X Motion Ayes X Absent xxx ! Motion Ayes Absent xxx X Motion X Absent xxx Ayes X > Motion .x Absent xxx Ayes X . b March u I .. [I131 I3131 E301 ~1141 C311 9- r.1101 [I131 C 991 [411 _" . 'LT CITY OF CARLSBAD , . ' -10- 20, 1973 ~ ~~- ~~ ~~ -T (a).; Agenda Bill #1053. ORDINANCE NO. 9346. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY I OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF ',' THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZON PROPERTY LOCATED ON THE EASTERLY SIDE OF AVENID ENCINAS, NORTHERLY OF PALOMAR AIRPORT ROAD. (C. William and Ruth H. Dealy) FROM R-A TO c-I (NEIGHBORHOOD COMMERCIAL) ON j ,(b) Agenda Bill #1058. ORDINANCE NO. 9349. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZON ERALLY LOCATED SOUTHERLY AT THE SOUTHERLY TERMINI OF SUNNYHILL, CLEARVIEW AND SKYLINE DRIVES, AND KNOWN AS "PANNONIA". (Pannoni a/K1 ug) FROM R-1-15,000 TO R-1-9,500 ON PROPERTY GEN- E (c) Agenda Bill #1055. ORDINANCE NO. 9348. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0 CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTLON a 21.40.070 AND 21.40.080, OF THE CARLSBAD MUNIC$ IPAL CODE REGARDING SIGNS. I (d) Agenda Bill #1017. ORDINANCE NO. 9343. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY I OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS 21.08.040, 21.10.040 AND 21.12.040 OF THE CARLSBAD MUNICIPAL CODE PROVIDING FOR REVISION OF THE SIDE YARD SETBACKS APPLICABLE TO R-A, R-1 AND R-2 ZONING DISTRICTS. 1 (e) Agenda Bill #1067. ORDINANCE NO. 6049. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5, PAL CODE BY AMENDING SECTIONS 5.04.010, 5.04.020 AND 5.08.010 TO PROVIDE FOR COLLECTION OF A BUSINESS LICENSE TAX ON GROSS RECEIPTS BASIS, AND AMENDING SECTION 5.08.150 WHICH CHAPTERS 5.04 AND 5.08.0F THE CARLSBAD MUNIC- PROVIDES FOR COLLECTION OF A FLAT-FEE BUSINES: LICENSE TAX COIN OPERATED VENDING MACHINES. CONSENT CALENDAR: A. CORRESPONDENCE - ADVISORY. 1. . Agenda Bill #1069. Letter from Kenneth H. Appleby ordered filed. 2. Agenda Bill #1080. Letters regarding Pannonia/Klug Development were acknowledged earlier in the evening - see page 4 of the minutes. (Reference AB#1058) The following i terns were approved by one motion affirming the actions on the Consent Calendar. B. CLAIM AGAINST CITY. 1. Agenda Bill #1081. Claim against the City filed by Mortimer and Gray, attorneys, on behalf of Claimants Mr. and Mrs. L0ui.s Van Moppes was denied and the following resolutiol was adopted. > 1. . J COUNCILMEN F!p 20 HGP 60 \"Fry\ ti Motion Ayes X Absent xxx , Motion X Ayes X Absent i xxx ~ Motion X Absent xxx Ayes X Motion Ayes X Absent xxx Motion X Absent xxx Ayes X . CITY OF CARLSBAD COUNCILMEN C991 10- C841 [301 C110l I371 11- ~1051 1 ,. -17- 1973 61 RESOLUTION NO. 3096. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CLAIM AGAINST THE CITY, SUBMITTED BY MR. AND MRS. LOUIS VAN MOPPES. C. REFUND OF FEES. Carlsbad Tract 72-18, Briggs' property, south of Tamarack and east of' Park - refund of fees. Ratification was given staff on refund of fees. Agenda Bill #lOt2. I CONTINU'ED BUSINESS: I Agenda order - see page 5 of the minutes. (b) Agenda Bill #926 - Supplement #l. Request for authority to purchase vehicles continued tci next meeting at the request of the staff. (c) Agenda Bill #1061. To consider City membership in San Luis Rey Watershed. Heard out of Agenda order - see pages 1, 2, .and 9 of minutes . (d) Agenda Bill #1059. Report on sub-stand- ard housing. I The Council agreed that enforcement on sub- standard housing could no longer be delayed. The City Attorney advised the Council that a formalized approach to abatement is recommendel for Code enforcement. The Council concurred. (e) Agenda Bill #lo06 - Supplement #2. Water Rates regarding mu1 ti ple dwell i ngs. The City Engineer reported he would be attend- ing a seminar soon regarding water rate struc- ture and suggested the Council delay action pending his report. The Council' tabled the matter until further information is furnished by the staff. Motion Ayes Absent (f) Agenda Bill #lo14 - Supplement #l. Request for authority to publish quarterly. newsletter. I The Council authorized the Purchasing Officer Ayes to invite two additional bids on the quarterly Motion and evaluated as to merit at a later date. it is to be included in a water bill mailing Absent newsletter. When the newsletter is published ADDITIONAL BUSINESS: I Bob Coles, HUD Executive Secretary, reported that the HUD offices had mov.ed to 2777 Jeffer- son Street. Premises are leased for one year at $200 per month; previous rental was $140 . - per month. Mr. Coles suggested the possibility of sub-leasing space to the Library for a s.mal1 branch library, and to a social service agency. azc @*I c av57J ~~~ ZWi-pP (a) Agenda Bill #lo45 - Supplement #l. Ambulance specifications - matter heard out of I xxx x X xxx ,r I i i L I b .. .~ . .. :,,...e, CITY OF CARLSBAD B March 20 I .. I _I E931 1 2- 1 -1 2- COUNCILMEN B B , 1973 62 A. ,CITY' COUNCIL. 1. Agenda Bill #7015. Appointments. to Cultural Goals Committee were made following Executive Session - see page 9 of the minutes. 2. Agenda Bill #1052. Appointment tQ the Parks and Recreation Commission was made following the Executive Session, naming My.les ,Regan t,o fill the unexpired term of Gordon Sears. B. PUBLIC WORKS. 1. Agenda Bill #1083. Repairs to storm drain at Carlsbad Boulevard and Pine Avenue, Contract 101 7. The City Engineer reported -this matter was .. urgent because of the excessive rains causing deterioration of the storm drain, causing northbound lanes to flood each time it rains. The following resolution was presented and adopted by title only. I zon Absent RESOLUTION NO. 3097. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I DECLARING THAT THE PUBLIC INTEREST AND NECESS-] ITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC , MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY A D AUTHORIZING THE AWARD OF A CONTRACT TO DON HUBBARD CONTRACTING COMPANY IN THE AMOUNT OF $5,935.25 FOR THE REPLACEMENT OF THE PINE AVENUE STORM DRAIN. (Don Hubbard Contracting Company was the lowes of the four bids submitted.) 1 The Mayor commended the Public Works Director on. the staff report. He asked about the status of the Chappee CUP and the failure to meet requirements set by the City, suggesting enforcement of conditions or the revocation of the Conditional Use Permit., RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment'of bills for General Expenses of the City in the amoun of $163,884.69, Water Department in the amoun of $39,211.16 and Water Construction in the amount of $674.62 for the period March .1,. 1973 through March 15, 1973, as certified by the Director of Finance and approved by the Auditing Committee. t t Motion Ayes Absent Ratification was given the payment of the approved by the Auditing Committee. as certified by the Director of Finance and Absent period March 1, 1973 through March 15, 1973, Ayes payroll in the amount of $77,193.88 for-the Motion %y$ b\ $+ -% Q xx xx xx X X X X X X < < , CITY OF CARLSBAD COUNCILMEN -1 3- March 20, 1973 63 , .. .. Chamber of Commerce Bills. Mayor Dunne stated reimbursed the Chamber. seventh month of fiscal year 1972-73 be the bills in the amount of $2,220.99 for the to the best of his knowledge. He recommended X Absent Commerce and found them to be true and correct xxx Ayes he had audited the bills for the Chamber of X Motion 13- ADJOURNM'ENT: By proper motion the meeting was adjourned at 12:15. Respectfully submitted, !' - b