HomeMy WebLinkAbout1973-04-17; City Council; MinutesCITY CARLSBAD COUNCILMEN
Meeting of: CITY COUNCIL (Regular Meeting) 0-59'9
- Date of Meeting: April 17, 1973 vF ZO.,
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81
Present
Absent
Motion
Akes
Absent
Motion
Ayes
Absent
.
Time of Meeting: 7:00 P.M.
Place of Meeting: Counci 1 Chambers
I 1 - ROLL CALL:
2 - INVOCATION was given by Mayor Dunne.
3 - PLEDGE OF ALLEGIANCE was given.
4 - APPROVAL OF MINUTES:
(a) Minutes of the regular meeting of April 3,
1973, were approved as presented.
(b) Minutes of the adjourned regular meeting of
April 5, 1973, were approved as presented.
5 - COUNCIL COMMITTEE REPORTS:
Reports were given by the Councilmen present and
no action was taken.
[42] Agenda Bill #2005. (Heard out of agenda order -
9-A on the agenda - Correspondence Advisory)
There being no objections, Mr. Ol.iver Carlson,
Carlsbad resident, was invited to speak at this
time. He requested that the City Council give
consideration to adopting a resolution of
"welcome home" and appreciation for the efforts
of those people who had been engaged in the war
in Viet Nam. He urged that the entire commun-
i ty become involved in recognizing these efforts.
The Council agreed with the concept and suggestei
Mr. Carlson contact the Chamber of Commerce and
the various veterans organizations in the area
and enlist their services and support.
1571 OPEN SPACE ELEMENT. The Council discussed at
length the necessity of giving priority to the -
preparation of an Open Space Plan; State law
requires that such a plan be in effect by June
30, 1973.
Paul Neal, representative of Lampman and Assoc-
iates, assured the Council his firm would have
the Open Space Plan ready for Planning Commission
and Council action before the deadline.
6- PUBLIC HEARINGS.
The Mayor declared the Public Hearings open at
7:55 P.M.
[112] (a) Agenda Bill #I098 - Supplement #l. Weed
and rubbish abatement.
The City Clerk stated there was no certificate
of publication because all property owners had
been notified by mail. Neither the City Clerk
nor the Public Works Department had received
any written communi cati ons.
I
Fire Chief Anear gave a staff report, stating
John Fox, Fox's Snug Harbor, stated his propert
is clear of weeds but City property which is
1
that due to heavy rains this year the weeds are
a greater fire hazard than in previous years.
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COUNCILMEN CITY OF CARLSBAD I
i '
April 17, 1973
>.. 6- PUBLIC HEARINGS continued.
I adjacent to his was very bad. I
Tim Flanagan, Principal Civil Engineer, gave the
Council background information on the schedule
for weed abatement, stating that inspections wer
started in February and property owners were
notified that a resolution would be passed on
April 3, 1973, and gave them a chance to abate
the weeds or to offer protest.
No one else wished to be heard and the public
heari ng was decl ared closed. I
The Council discussed the program and the follow
ing resolution was presented and adopted:
Resolution No. 3104. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD ORDERING DIREC- I Motion
TQR OF PUBLIC AORKS TO ABATE NUISANCE BY HAVING Ayes
WEEDS, RUBBISH, REFUSE, AND DIRT REMOVED. I Absent
[43] (b) Agenda Bill #1099. To consider an amendmen
to Title 5 and Title 21 of the Municipal Code
regarding mobile homes for commercial offices.
The City Clerk presented the affidavit of pub-
lication and reported no correspondence had been
received. A motion was made accepting the affi- ~ davit of publication and it was ordered filed.
The Planning Director gave a staff report and
indicated that the proposed ordinance would
allow use of mobile homes on a temporary basis
pending construction of a permanent structure.
There would be a time limitation on such use and
require reapplication for an extension of time.
I No one else wished to be heard and the public
heari ng was decl ared closed. I I After discussion by the Council the following
resolution was presented and adopted: I
RESOLUTION NO. 3105. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
ANNOUNCING FINDINGS AND DECISION, REGARDING
AMENDMENTS TO SECTIONS 5.24.145 AND 21.42.010
OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE
TEMPORARY USE OF MOBILE HOMES FOR COMMERCIAL
OFFICES.
I The following ordinance was offered for a first
reading by title only and further reading waived. I
ORDINANCE NO. 9350. AN* ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING SECTION 5.24.145 AND SECTION 21.42.010
OF THE CARLSBAD MUNICIPAL CODE REGARDING THE
3 TEMPORARY USE OF TRAILERS OR MOBILE HOMES FOR
COMMERCIAL OFFICES.
I
Motion
Ayes
Absent
would
Motion
Ayes
Absent
Motion
Ayes
Absent
CITY CARLSBAD COUNCILMEN i 1 I
April 17, 1973
? ,.. 7 - ' ' DEPARTMENTAL REPORTS.
[99] A. Planning.
1. Agenda Bill #2000. Tentative map for
CT 73-7, 58 unit condominium, on southerly side I
of La costa Avenue. ~pplicant: La costa" de
Marabell a Associates. I
The Council discussed the conditions setforth
in the proposed resolution and agreed the word-
ing of condition #9 was ambiguous and needed to
be restated. Also discussed, was the need to
more strongly emphasize the importance of
developers working wi th school districts to
relieve the impact of developments on districts.
The following resolution was presented and
adopted with the understanding that condition #9
be reworded. I
RESOLUTION NO. 3106. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, I
OF A 58-UNIT CONDOMINIUM PROJECT ON PROPERTY
LOCATED ON THE SOUTHERLY SIDE OF LA COSTA AVENUE
BETWEEN EL CAMINO REAL AND NUEVA CASTILLA WAY.
(La Costa De Marabella Associates)
11231 Agenda Bill #I045 - Supplement #2. Bid proposa
for acauisition of ambulance. (Heard out of I agenda 'order - 7-C-3 on the agenda.)
Motion
Ayes
Absent
Jerry Pieti gave a staff report regarding exam-
ination of bids received for a van type
He stated that the principle objection by the
citizens committee which had gone over the bids
was the 90 day delivery date. The committee fel
the need was more immediate and urged the Courcil
to consider a1 1 owing Superior Ambulance Company
the opportunity to submit their bid. They had
not turned in a bid because of an error in read-
ing the bid opening date.
Dr. Hal Thatcher and Cleona O'Bryant, Citizens
Committee members, addressed the Council on
their findings. It was their recommendation th
Council reject all bids and go to direct
Mr. Simpson, representative of Superior Ambu1a.n.c
stated his company could have an ambulance
ready for use by .the 11th or 12th of May.
The City Attorney advised the Council that it
was not proper to entertain comments from a
company that did not bi.d on specifications,
regard1 ess of reasons.
There was no further discussion and the follow-
i ng resolution was presented:
CITY OF CARLSBAD COUNCILMEN
- 4-
April 17, 1973
RESOLfJTION NO. 3115. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
TO PURCHASE AN AMBULANCE.
Laverne Craig, operations manager for Chalet
Ambulance Service, asked to speak. He objected
to the City buying an emergency ambulance and
stated his firm would no longer serve the City
on the same basis as previously.
A vote was taken on the resolution which had
been presented and it was adopted as herein
indicated.
1281 Agenda Bill 82008. Report from Committee regarl
ing proposed Noise Ordinance. (Heard out of
agenda order - 10(a) on agenda).
Ede Westree, Noise Committee member, gave back-
ground information on the points included in thi
proposed ordinance, stating the sources used to
arrive at requirements for noise control.
The City Attorney advised the Council that the
State had very specific laws governing motor
boats and navigable waters and that the State
laws supersede City laws. This being the case,
some of the regulations contained in the pro-
posed ordinance could be in conflict with State
laws.
The Council agreed the ordinance should be refe
red to the City Manager and City Attorney for
review and recommendations.
The Council thanked the committee for all its
effort on the proposed noise ordinance.
1771 2. Agenda Bill #1077. Establishment of
Developmental Policy as it affects "Critical
planning Issues."
Don Agatep, Planning Director, requested the
Council give consideration to halting the pro-
cessing of applications particularly in flood
plain areas pending the General Plan Revision.
A lengthy discussion ensued.
In conjunction with the Open Space Element, the
Council suggested that temporary help could be
provided to the Planning Department to assist
in expediting the various projects for which
the Planning Department is responsible. It was
pointed out by Mr. Agat.ep and Mr. Neal of Lamp-
man and Associates that to accomplish the resul
the City wishes requires the particular knowled
of the area which only those who have worked
with the Council and city policies could supply
The Council agreed to consider the matter furth
and continued the agenda bill to the next regul
meeting of the City Counci 1.
Motion
Ayes
Absent
CITY CARLSBAD COUNCILMEN
April 17, 1973
1w
1761 ' 3. Agenda Bill #2001. Planning Commission
By-L-iws and Procedures.
Following discussion, Ordinance #I159 was given
a first reading, amending Chapter 2.24 to
require four affirmative votes for Planning
Commission action, and the Planning Commission
By-Laws and procedures were given Council
approval.
ORDINANCE NO. 1159. AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
ADDING SECTION 2.24.070 TO THE MUNICIPAL CODE
TO REQUIRE FOUR AFFIRMATIVE VOTES FOR PLANNING
COMMISSION ACTION.
B. Public Works.
~961 1. Agenda Bill #2002. Request for alloca-
tion from Public Utilities Commission Grade
Crossing Protection Fund.
Tim Flanagan, Engineering, reported the four
crossing gates are now installed and the PUC
contribution will be forthcoming to the City
upon proof of payment to the Santa Fe.
The following resolution was discussed, present d
and adopted: t
Motion
Ayes
Absent
RESOLUTION NO. 3107. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD DIRECTING THAT
A REQUEST FOR ALLOCATION OF FUNDS BE SUBMITTED
TO THE PUBLIC UTILITIES COMMISSION TO REIMBURSE
THE CITY FROM THE CROSSING PROTECTION FUND FOR
ONE-FOURTH OF THE ACTUAL COST OF CROSSING PRO-
TECTION AT THE CANNON ROAD (CROSSING 2-231-4),
TAMARACK AVENUE (CROSSING 2-230.1 ), ELM AVENUE
(CROSSING 2-229.3), AND GRAND AVENUE (CROSSING
2-229.2), BEING CROSSINGS OF THE TRACK OF THE
ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY.
3. Public Works Department status report
was acknowledged and ordered filed. I
1951 2. Agenda Bill #2003. Installation of ten
orary sidewalk on Tamarack Avenue, westerly of
Jefferson Street.
A staff.report was given and the Council was
informed there were funds available in Gas Tax
Account 2-2107.21 and contingency funds in the
street maintenance fund sufficient to install
temporary sidewalks on both sides of Tamarack
westerly of Jefferson Street.
The fol lowing resol uti'on was presented and
adopted: I
RESOLUTION NO. 3108. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA.
I APPROPRIATING FUNDS FOR THE INSTALLATION OF-
TEMPORARY SIDEWALKS.
Motion
Ayes
Absent
Motion
Ayes
Absent
CITY OF CARLSBAD
I
COUNCILMEN 1
1
April 17, 1973
>.. , . I
I C. Puschasi ng. I
1. Agenda Bi 11 #883 - Suppl ement #2.
Installation of air conditioning system in City I -. Counci 1 Chambers.
The Council accepted the recommendations of the
staff and authorized the awarding of contract
#I016 to the low bidder, Moor Company, in the
amount of $2,895. The following resolution
was presented and adopted.
RESOLUTION NO. 3109. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE CONTRACTING FOR INSTALLATION
OF AN AIR CONDITIONING SYSTEM IN THE CITY
COUNCIL CHAMBERS.
I EXECUTIVE SESSION. I
The Mayor called an Executive Session at 10:37
P.M., to discuss possible.li tigation and per-
sonnel. The Council reconvened at 11:57 P.M.,
and it was announced litigation, employee
salary negotiations and committee and commissior
appointments had been discussed and no acti on
was taken.
12- RATIFIACTION OF BILLS AND PAYROLL:
Ratification was given the payment of bills for
General Expenses of the City in the amount of
$1 43,283.86, Water Department in the amount of
$25,468.33 and Water Construction in the amount
of $535.18 for the period April 1, 1973 through
April 15, 1973, as certified by the Director of
Finance and approved by the Auditing Committee.
Ratification was given the payment of the pgg-
roll in the amount of $77,742.61 for the period
April 1, 1973, through April 15, 1973, as certi-
fied by the Director of Finance and approved by
the Audi ti ng Commi ttee.
Chamber of Commerce Bills. Mayor Dunne stated
he had audited the bills for the Chamber of I
commerce and found them to be true and correct
to the best of his knowledge. He recommended
the bills in the amount of $1,686.38 for the
eighth month of fiscal year 1972-73 be reim-
bursed the Chamber.
1 13-
ADJOURNMENT:
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
By proper motion the me-eting was adjourned at
12:OO Midnight to April 18, 1973, at 4:00 P.M. I I Respectfully submitted,
Motion
Ayes
Absent
1 I virg\ni$ M. mi th; ~ecbrdin~ Secretary