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HomeMy WebLinkAbout1972-01-18; City Council; Minutes3 / I ,' CITY OF CARL.SBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 18, 1972 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers Ri rm 1- ROLL CALL: 7:OO P.M. 2- INVOCATION was offered by Mayor Dunne. I 3- PLEDGE OF ALLEGIANCE: 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting held Januar! 18, 1972,were approved as presented. 5- COUNCIL COMMITTEE REPORTS: [llO] (a) Water Cornmi.ttee. Councilman McComas state( a Water Committee Meeting was held and the question of the water rates and the procedure to be followed were discussed at that time. He stated the issue is now being studied by the staff. When the staff recommenda. tions are prepared, they wi 11 be reviewed by the Water Committee and upon approval, will be submitted to the Council for their consideration. I 1551 (b) Garbage and Trash: Councilman Jardine reported that the provision contained in Ordinance No.. 6046 relative to a dwelling remaining unoccupied continuously for a period of at least 90 days, is due for review in the next several weeks. He requested that when the City Manager completes his report that he be contacted to discuss this matter. C941 [25] (c) Council Committee. Councilman Jardine reported that he and Councilman McComas have nothing recent to report as a Council Committee for the La Costa Annexation and Tri-City Auto: Center. [37] (d) City Mewsletter. Mayor Dunne inquired of Councilman Jardine "iT .he could- research some facts and figures for publication of a quarterly City newsle 4: [34] (e) Chamber of Commerce. Councilman Castro stated he had audited the bills for the Chamber of Commerce and found them to beecorrect to the best of his knowledge. He recommended that the bills in the amount of $1,652.99 be ratified at this time, and thlis amount be reimbursed the Chamber. [28] (f) Mayor's Youth Committee. Councilman Lewis reported on the Mayor's Youth Committee Meeting and stated discussion was held on the Parks and Recreation proposed bond issue, the. Greenwood property, the cyc:le park and the La Costa proposal. He further stated those wishing to sign up for the ride along program sponsored by the Police Department could do so at the Library or the High School. Further, he stated it was the desire of the members of the committee that one of the members be authorized to attend the meeting held on La Costa. [69] (9) Parks and Recreation Commission. Council- man Lewis reviewed the discussion held at the Parks and Recreation Commission meeting and stated the Chair o man of the commission, Betty Wollrich , was present and wished to be heard by the Council. Betty Wollrich presented some facts and figures rela- tive to the questionnaire circulated to residents of 1 Y j - t - COUNCILMEI 9 F! % {?p& \y ial\ I ..$ Present X X X Motion x x x Ayes X ter. Motion Ayes x x x, ,_ CITY OF -2- CARLSBAD Carlsbad on the proposed bond issue. Discussion was held on the results of the questionnaire and further:, discussion was held regarding Joint Powers Agreement with Carlsbad Union School District in connection with a community swimming pool. Also di'scusse'd with the Director of Parks and Recrea- 1972. . tion was the proposed summer recreation program for I [68] (h) C.P:O. Meeting. Mayor Dunne reported on the C.P.O. Meetinq and stated that the c.P.0.'~ inter- est again is in tke matter of premature development and he requested that the Council take a stand on this matter. The Mayor suggested that the Council review the criteria to-be discussed at the next regular meet- ing. I [68] (i) League of California Cities. Mayor Dunne announced that a League of California Cities dinner would be held and hosted by Carlsbad on the 20th of January, at the La Costa Country Club. 6- PUBLIC HEARINGS: 7:30 P.M. The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearings open. [loll (a) Agenda Bill #632. To consider an app1ic:a- tion for a permit to operate three (3) taxicabs within the City of Carlsbad. Applicant: Satellite Charter Coach, Inc., dba Oceanside Yellow Cab. The City Clerk certified to the Affadavit of Publica- tion and announced that a letter had been received in opposition to the application. Further, the City Clerk read the letter from Avocado Cab Co, and announc ed that ,$he Police 'Department had submitted their report, a'f required. . . .I The Mayor announced that the Council would like to hlea from anyone wishing to speak:jn opposition or in favor of this appl i cation. Mr. 0. Smith, a resident of Carlsbad, inquired if thlis company was connected with Westgate and was informed, by the representative of Yellow Cab that it was. Also Mr. Charles Spencer, 1270 Yourell, Carlsbad stated he would strongly object to any, exclusive franchise being given any one company. He was informed that the appli cant, in this case, .was not requesting an exclusive franchise. Mr. G. Lubel, Manager of Oceanside Yellow Cab Co., spoke in behalf of the Company and r,equested'that the application be approved. Since there was no one else who wished to be heard, the Mayor declared the Public Hearing closed. Following lengthy discussion by .the Council regarding * the problem of pick up between Oceanside and Carlsbad T - r - COUNCILMEI ~~ yyi$qq 1 E? - . *LZm I ~ ~ I j 1. a- * T """ . CITY 'OF -3- CARLSBAD January 18, 1972 >- it was suggested that Yellow Cab Co., of Oceanside and Avocado Cab Co., of Carlsbad make an attempt to arrive at a mutual agreement so that each company woul be able to pick up in both cities. 4 The City Manager was instructed to contact the City Manager of Oceanside to ascertain if the City of Ocean side was in mutual agreement with Carlsbad relative to both taxicab companies being able to pick up in botih cities. It was .noted that Avocado Cab Co. had not applied with Oceanside for a permit but that if botlh cities were mutually agreeable, it was hoped the AVID- aado Cab Co. would apply. - It was agreed by the Council that this matter be con- tinued to the meeting of February 1 , 1972. [lo71 (b) Agenda Bill #634. (continued from 1-4-72) Request for vacation of Lot "E" (Alder Ave.) Carlsb,ad I Manor. The City Clerk stated she had received a message this date, 7:OO P.M. that the parties involved, Mr. Donald A. Briggs, Jr. and Dr. Floyd Packard requesting that this matter be continued to the next regular meeting. Councilman McComas stated he would abstain in this matter for reasons stated at previous meetings. It was agreed that this matter be continued to the February 1, 1972 meeting and that if the parties in- volved in this matter are not prepared to offer a solu- tion at that time, that the matter be temporarily dis- missed and readvertised at a later date. C85)Agenda Bi.7-1 #641. Councilman McComas reported or1 the information he had gathered on seeking a Charter for the City. He briefly reviewed a number of facts about Charter Cities and recommended that the City of Carlsbad seek a Charter and requested Council re- view of the report he submitted. Further, he stated this matter would have to be brought before the genera public and it would be their decision as to whether or not the City should seek a Charter or remain i General Law City. He further recommended that this matter be forwarded to the staff to advise the Council as to the proper procedures. He stated this is normally done through a committee and. the committee would draw the Charter; following the drawing of the Charter, the matter would be 'placed on the ballot. " 1 Councilman Jardine sta,ted when the staff submits their report, he would like it to include a fact sheet con- taining the pros and cons in detail; also, he would like to see fully ventilated such matter as financial effect, etc. It was agreed by the Council that the matter of a , 'Charter 1 for the City of Carlsbad be pursued, and the ~taff was instructed to study this matter and submit; a report to the Council at their regular meeting to be held February 15, 1972. The City Manager was instructed to obtain six more copies of the booklet from the League re: Charter C.iti COUhlCf LMEO - CITY OF CAWLSBAD -4- L . January 18, 1972 - 7- DEPARTMENTAL REPORTS: A. Building Department. 7- DEPARTMENTAL REPORTS: A. Building Department. C841 7. Agenda Bill #633. Authorization for allocation of funds to purchase special permit form!;, I The Director of Building and Housing stated that the purchase of new forms has become necessary since the old forms have proven ineffective as permanent records The new forms will have a hard backing which would allow the least wear and tear as a permanent record for Mechanical Permits, Electrical Permits, Building Permits and P1 umbing Permits. Authorization was given for the purchase of special permit forms and for the transfer of $575.00 to Account #1-118-6.7 from the General Fund Balance. r741 2. Agenda Bill #634. Request for addit-ion a1 personnel in the Build-ing Department. I The Director of Building and Housing explained to the Council the need for additional personnel in his de- partment is due to the increase in construction in the City of Carlsbad and cited a number of building projects now going on in the City which require or will require the services of a building inspector. He further stated there are only three (3) inspectors at this time including himself. Authorization was given for the hiring of one addition combination building inspector and for the transfer of funds in the amount of $3,600 from the General Fund Balance to Account #1-118-1 .O. I B. Finance Department. I POI. '''z 1. Agenda Bill #635. Revisions in Fund Balances . Followi,ng discussion by the council and explanation by the staff, it 'was agreed that the revised budget be adopted as submitted by the staff and set out in Agenda Bill #635, and including the PEP Program. C. Planning Department. I E251 1. Agenda Bill #545. Report from Planning Commission on La Costa A.nnexation request. The City Clerk announced that the request by La Costa to annex to the City of Carlsbad was made some time ago and was submitted to the Council at the regular meeting of December 7, 1971 at which time it was re- ferred to the Planning commission for study and report She further stated that since that time, two additiona requests for annexation have been made; one being thie l Carrillo property and the other the Thibodo property. The Carril.10 property adjoins the proposed La Costa annexation. The Thibodo property is separated from .the Carrillo pr.oper%y-.by Carlsb'ad Raceway. These area were pointed out on a map which was.di5played. She reviewed the steps- that m-ust be taken subsequently if the Council approves the report from the Planning1 Commission, .- C I I COUNCllMEf \$x$ f&.\*& 92 tP \\ 8&%&4m I Motion X] x x. Ayes X~ ~ 1 1 j 1 ~ 1 Motion xxx Ayes X Motion xxx Ayes X CITY OF,5- CARLSBAD January 18, 1972 LIBI(p w The Associate Planner reviewed background information on this matter and stated it involves some 5,000 acres of inhabited land. He further stated that it was the recommendation of the staff, in view of the request for annexation of the Carrillo property, that the Carrillo property and the La Costa property be submitt to LAFCO for approval as one annexation, if it is the desire of the Council to proceed. Mr. John J. Mamaux, representative for La Costa, answe ed questions posed to him by the Council and members of the audience. He reviewed some-of the proposed building plans of the La Costa Land Development Co. and cited facts and figures in connection wi th bed -tax County and Engineering inspection fees, the landscapin of the development and the number of residents. .E c 1 Following lengthy discussion by the Council, the staff was instructed to prepare a list of the common questio 5 regarding the La Costa annexation for release to the press, and the following Resolution was offered for adoption: .I Resolution No. 1939. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONSENTING TO THE TAIN INHABITED TERRITORY DESIGNATED AS "EAST CARLSBAD ANNEXATION NO. 2.11'' was adopted by title only and further reading waived. .. COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF Cf3R- E991 2. Agenda Bill #636. Approval of Tentaliiv Map for 21-unit condominium on property located on the Westerly side., of Park Dr., to be known as Bristol Regency - Carlsbad Tract 71-7. (Difcon) The Associate Planner explained that this proposal iis for a 21-uni t condomini'um and is in the appropriate zoning. ,ye further pointed to a rendering of the pro- posed development for. the Council's viewing. Mr. Howard Hux; representative for Difcon, briefly re- viewed the proposed plans anil,stated that this plan is unique since it will be an' all security building with electric gates. The .following Resolution was offered for adoption: Resolution No. 1940. A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF CARLSBAD, APPPOVING THE TENTATIVE MAP OF BRISTOL REGENCY KNOWN. AS CARLSBAD TRACT 71-7, was adopted by title only and further reading waived. D. Public Works Department. I c551 (a) Agenda Bi'll #617. Billing rate for commercial trash collection services. I 0 Following lengthy discussion of this matter and a re- quest from the Director of Public' Works that Resoluiio No. 1908 be rescinded, it was the decision of the Coun cil that Resolution No. 1908, as adopted, remain in force; pending notification in writing from the Wage and Price Control as to the legality of the raise in1 rates. I COUNC~ILMEI CITY OF -6- CARLSBAD January 18, 1972 I-, - Further, it was moved that this matter be held in abeyance until findings can be determined by the staff and presented to the Council at th-e next regular meet- ing, and that it be understood by the contractor that if it is found that the.rates are illegal according to the Wage and Pric-e Control Board, those people who have been charged the increased rate, be refunded. The City Attorney was instructed to clearly define the' word "commercial". Also, the City Manager was instruci ed to reply to those letters which had been received by the City relative to trash collection. C851 (b) Oral Report - procedure followed for repair to streets after construction projects. The City Engineer reported on the procedure used by tht City relative to temporary patch work and permanent patch work following construction projects on streets throughout the City. He stated the responsibility of the patch work is that of the contractor. He statedl it is then inspected by the Engineering Department a.nd if all requirements are met, accepted by the City. The Council discussed th.is matter with the Engineer and he briefed them on the work that has been done oln various streets in the City. E. Purchasing. C741 (a) Agenda Bill 8637.' Authorizing.credit purchase for Fire Equipment. The Purchasing Agent explained that this request was made in order'.to allow the city to carry over payments from year to year on the purchase of the fire equip- ment. Resolution No. 1941. A RESOLUTION OF THE CITY COUNCIL DIT PURCHASE OF EQUIPMENT, was adopted by title only and further reading waived. ,' OF THE CI3.Y OF CARLSBAD AUTHORIZING AND DIRECTING CRE- F. City M-anager. * .. .. L-1061 (a) Agenda Bill #616. Report on proposals received for CATV. (Cable Television). The City Clerk announced receipt of four proposals for CATV and stated a letter had been received from La Costa Land Company indicating that they were not noti- fied that the City w,as receiving bid proposals and wou appreciate an extension of time in order to prepare a proposal a1 so. She stated the four (4) companies who did submit pro- posals were: 1) COMAC Signal Corp., 4807 Clayton Road, Concord, Calif. 2) Cablecom General of Northerln Calif.,, Inc., 425 San Pablo Ave., Albany, Calif. 3) T.V. Power of North County, Inc., 1714 South Hill St., Oceanside, Calif., and 4) Community Tele-Communi- cations, Inc., P. 0. Box 10727, University Park Sta- 0 tion , Denver, Colorado. .- . 7- t- 3 e I 11 COUNCILME1 \?!%\\ C? i. sgv %\a G: pi % ,c , 14 \Gk .aie?.n?m Motion x x Ayes X x Motion x 1: Ayes X x d .. CITY OF -7- CARLSEAD January 18, 1972 - I The City Manager explained that notices were sent to a71 non-exclusive franchise companies and since La Costa was not on file, they were not mailed a notice?. It was the recommendation of the City Manager that PL committee be appointed to meet and review the proposal and report back to the Council in approximately 60 clay He further suggested that La Costa be given six weeks to submit their proposal, to be reviewed by the commi ttee, and included in their report to the .Counc:il It was agreed by the Cquncil that a committee be appoi ed to review and make a report to the Council, as re- c.ommended by the City Manager and that the committee consist of one member of the general public, one membe of the school board, the City Manager, the Public Work Director-Engineer, and the Finance Director. The City Manager was instructed to contact the school to determine who they wohld like appointed to the committee and following the Executive Session, .the Mayor announced Mr. Lyle Richardson was appointed tal serve on the CATV Committee as a member from the gener a1 pub1 i c. EXECUTIVE SESSION: The Mayor called for an Executive Session at 9:32 P.M. to discuss personnel and possible litigation E1061 The Council reconvened at 10:20 P.M. and the Mayor announced that the matter of possible litigatior was discussed and also personnel. He further annouicc the appointment of Mr. Lyle Richardson to the CATV Cornrni ttee. *. E841 . (b) Agenda Bill #638. Establishing class specifications for positions of Assistant City Manager Public Works Director-Engineer and City Attorney. Following lengthy discussion'af the job descriptions and specifications for the positions of Assistant CitJ Manager, Public Works Director-Engineer and City Attorney, the following Resolution was offered for ~ adoption: Resolution No. 1943. A RESOLUTION OF THE CITY OF CARL BAD AMENDING RESOLUTION NO. 1873 AS AMENDED REVISING YEAR, was adopted by title only and further reading waived. Further, it was agreed that the class specifications for the positions of Assistant City Manager, Public Works Director-Engineer, City Manager and City Attorn( included in Agenda Bill #638, be adppted'and approved by the Council. THE SALARY PLAN FOR .THE CITY FOR THE 1971-72 FISCAL 0. m S S ni r S b- I. 1 !d I .s 2J COUNClLMEl t- ~ , 8- i ' Motion X 1 Ayes ~ x x x. 1 Motion i xx x Ayes X I I , , I I ,. . CITY OF -8- CAWLSBAD January 18, 1972 - I H. Departmental Status Reports. ~51 (a) Engineering Department. The Engi neerin: Department Status Report was acknowledged and a number of items were discussed. DO1 (b) Parks and Recreation Department. The Parks and Recreation Department Status Report was ackn( ledged and the matter of the preliminary landscaping plans for 1-5 which were received from the State was discussed. I c773 (c) Planning Department. Acknowledgment was given the Planning Department Status Report. cwl (d) Public Works Department. The Counc'il acknowledged the Public Works Department Status Report and the subject of the emergency stand-by pump station was discussed. C783 (e) Police Department. -. Application for Grant from the California Council on Criminal Justice. The Chief of Police requested approval of submission of an application to the California Council on Crimiina' Justice for a grant. He stated this grant, if approve{ would assist the department in keeping abreast of the summer beach, motorcycle, and Agua Hedionda Lagoon problem, as it will allow the purchase of two motor-. cycles, a boat and many other necessary items. He stated the grant would be for approximately $105,000. He stated this is granted on a 10% matching cash fund basis which wguld cost the city approximately $10,525. Following further discussion, a Resolution was present ed for' adoption: Resolution No.. 1944. A RESOLUTION OF THE CITY COUNCIL OF THE CfT.Y OF CARLSBAD TO OBTAIN FUNDS FOR CRIME C,ONTROL, was adopted by title only and further reading waived. 8- ORDINANCES FOR ADOPTIdN: C941 (a) Agenda Bill #627. Tri-City Automobile Dealer's Association. I 1. ' Ordinance No. 9288. AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING SPECIFIC PLAN FOR 50 ACRES OF LAND LOCATED EAST OF INTERSTATE-5 BETWEEN PALOMAF! AIRPORT ROAD AND CAN.NON ROAD, was given a second reald- ing by title only and adopted. 'I I 2. Ordinance No. 9289. AN'ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060, RECLASSI FYING CERTAIN PROPERTY FROM R-A-10,OOO ZONE TO C-2 I (General Commercial) ZONE, SAID PROPERTY BEING LOCATED BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD, was give ON APPROXIMATELY 50 ACRES OF LAND EAST OF INTERSTATE:-5 - a second reading by title only and adopted. @ -i= I lkl 1 d5 - - r CUUNC,ILMEI CITY OF - CARLSBAD COUNC~lLMEl -Y - [I 131 (b) Agenda Bill #628. Financial Scene, Inc. CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANT- ING A CHANGE OF ZONE FROM R-1-10,000 TO P-C (Planned Community) ON PROPERTY LOCATED EAST OF INTERSTATE-5 CONSENT CALENDAR: A. Correspondence - Advisory. (a) Thibodo Rancho (500 acres) (b) Carr.illo Rancho (850 acres) B. Correspondence - Referral. 1. Agenda Bill #642. Trash pick-up. C. Procl amati ons. CURRENT BUSINESS: i ADDITIONAL BUSINESS: 0, CITY OF -10- CARLSBAD - Following discussion, it was felt by the Council that this matter should be pursued and it was suggested ltha perhaps an agreement could be worked out with the Army and Navy Academy to obtain access to the beach. In the event that no agreement could be reached, the C!ty Att0rne.y was "instructed to investigate the matter to determine if enough information could be obtained to justify court action for prescriptive rights. the City Attorney stated he would report at the next meeting and indicate at that time what steps may be taken. E781 2. Unlighted Bicycles. Councilman Jardine stated the problem of unlighted bicycles durins hours of sunset and darkness has"not been-lessened aid he noted that no citations are being given by the Police Department. He stated that warnings were not enough and that viola.tors should be issued citations for the safety and protection of bicycle.riders and drivers of motor vehicles. It was agreed by the Council that citations should be issued to violators and the City Manager was instructed to inform the Chief of Police of the Council's insistance on this matter. I [llO] 3. Old Reservoir Site. Councilman Lewis re- ported he had received a complaint from the owner of property backed up against the old reservoir site property. He stated that this property had been used for the storage of city equipment and that the proper- ty owner reported his fence had been knocked down and he would like something done about it. [lo31 4. Magnolia Ave. The striping of Magnolia Avenue was discussed and the staff indicated that this matter will be reviewed by the Traffic .Safety Commissi and a report will be made on the cost of striping for presentation to the Counci 1. f ,;. .RATIFICATION OF BILLS AND PAYROLL: Ratification was give? for payment of bills for the General Expenses of the C-ity in the amount of $132,550.98 and for the Water Department in the amount of $67,351.73 for the period January 1, 1972 thru January 15, 1972, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given for the payment of the payroll for $57,499.42 for the perio'd January 1, 1972 thru January 15, 1972, as. certified by.the Director of Finance and approved by the Audi tin.g Committee. I '*- ADJOURNMENT: By proper motion, the meeting was adj,ourned at 11:43 P.M. to January 19, 1972, at 7:30 P.M. in the Council Chambers, for a Joint Meeting. Respectfully submitted, D \.. MAR / 7prfiFFAar. A. T E. ADAMS City lerk I =i- t i COUNCILMEt