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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., - c 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. 1 m3 X X %\ X X. X *vm X X X XX fl X , , ' 1 f 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