Loading...
HomeMy WebLinkAbout1973-01-16; City Council; MinutesI, CITY OF- CS1,WtSBAD aUNC1LMfN ' P'lc2ti ng of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 75, 1973 Time of Meeting: 7:OO P.M. mf rf]aeJj nq: Council Chambers ROLL CALL: INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: {a) Minutes of the regular meeting held January Znd, 1973, were approved as presented. 5- COUNCIL COMMITTEE REPORTS: E281 Councilman Lewis reported on Mayor's Youth Com- C701 mittee, Parks and Recreation meeting and the progress on a community swimming pool. E281 Councilman McComas stated he and the Mayor had met with the CIC to discuss Charter Cities vs General Law Ci ties. I L-6 r-1 '81 A comprehensive report was given by Councilman 041 Frazee regarding Regional Coastline Comm'ission and SB325 funds for transportation. Discussion by the Council on Carlsbad's use of those funds ensued and it was moved that the Mayor, City Manager and Councilman Frazee be authorized to continue negotiations with Oceanside on a Grant Application relative to area transit system. E451 I341 Councilman Chase indicated that several problems existed in the lease-lease back agreement with the Tri-Cities Auto Dealers Association and; as the City's liason, he moved that the City Council accept the position that: (1) The City of Carlsbad has signed an agreement with the Auto Dealer's Association setting out certain basic commitments on each party's part. (2) That certain specifics have, and will arise whic must be negotiated. (3) That the City Council ' intent is for the Staff to facilitate such negotiations within reasonable bounds to accomp- lish the overall intent of the agreement. (4) That it is the intent of the City Council that a four lane roadway be installed, at city expense, from the southerly boundary of the Auto Center connecting to Palomar Airport Road. This improvement to be installed at the time the City .Council determines is most advantageous to the City of Carlsbad. To carry out the intent of the Council, the fo-llowing resolu.tion was offered: [45] RESOLUTION NO. 3054. A RESOLUTION OF THE .CITY COUNCIL OF THE. CITY OF CARLSBAD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AMENDING EXHIBIT "C" OF THE LEASE-LEASE BACK AGREEMGNT WITH'THE TRI CITY AUTO DEALERS ASSOCIATION, DATED NOVEMBER 21, 1972, MODIFYING THE SCOPE OF THE IMFROVEMENTS TO PROVIDE FOR GRADING THE ROAD TO FULL FOUR LANE NIDTH AT THIS TIME. Adopted by ti.tle only and further reading waived. 1 .1 ,. . . .. .. CITY OF- CARLSBAD COUNCILMEN r 1 Januar - 2- .y 16, 1973 - DEPARTMENTAL REPORTS : A. Building Department. 1. Agenda Bill #997. Setting fees for.the maintenance of official copies of the plans of buildings for which building permits are issued. The following resolution was presented and adopted by title only. RESOLUTION NO. 3045. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FEES FOR THE MAINTENANCE OF OFFICIAL COPIES OF THE PLANS OF BUILDINGS FOR WHICH BUILD ING PERMITS ARE ISSUED. 2. Agenda Bill #998.' Request for transfer of funds to attend I.C.B.O. Conference. Authorization was given for the transfer of fund in the amount of $250 from Account #1-118-9.1 (Capital Outlan) to Account #1-118-8 (Travel) for the purpose of attendance at the I.C.B.O. Conference in Santa Cruz, as recommended by the. Building Director. B. Fire Department. 1. Agenda Bill #999. Request for Fire Protection. This matter was discussed in connection with the Revenue Shari ng-Recommended Expenditures, and it was agreed that $3,500 be appropriated in the Revenue Sharing Budget for fiscal year 1972-73, for a study to be made by a F.ire Rating Consult- ing firm as to the City's fire prevention faci 1 i ty needs. C. Parks and Recreation Department. 1. Agenda Bill #1000. Request for permis- sion to expend funds from existing in-lieu fees to improve Rotary Park Irrigation System. A motion was made to adopt Resolution No. 3055, authorizing expenditure of park-in-lieu fees but died when the second was. withdrawn after a dis- cussion regarding the lease between the City and 'AT & SF of Rotary Park. The matter was contin- ued until the next regular meeting, pending a status report on the lease. The Council also requested a progress report on the construction of beach-access at Elm Avenue and at Grand Avenue. The Status Report of Parks and Recreation Depart rnent was acknowledged and the Acting Director gave a brief staff report. Motion Ayes xxx Motion Ayes xxx (Motion died for lack of a second: CITY OF CARLSBAD WUNLILMtN - - 5- January IS, 19'73 !I 6- DEPARTMENTAL REPORTS continued. D. Personnel. L743 1. Agenda Bill #899. Continuation of 10 hour day, 4-day work week. I A lengthy examination by the Council of the merit of the 10-hour day, 4-day work week, during whic Councilman Chase emphasized the importance of fully considering the possible expansion of this experimental program to all departments of the City, culminated in agreement by the Council tha the experimental program be continued on a full time basis in those departments now using this program; and that the City Manager be instructed to direct and coordinate a staff study of the results of the lOhour day, 4-day work week pro- gram used in several City departments, and from this study submit a proposal to the City Council which will 'be of benefit to the community as a whole, in regards to the best utilization of worki ng hours. Motion Ayes A motion made previous to the above action to terminate the 10-hour day, 4-day work week on January 19, and directing the City Nanager to coordinate a study analyzing the results of the program died for lack of a second. died). C741 2. Agenda Bill #1005. A request for Joint Exercise of Powers Agreement Creating th,e South- ern California Intergovernmental Training and Development Center. Following discussion as to the purpose of the training center, method of financing and the potential enrollment of City employees, . . Resolution #3051 was presented. RESOLUTION #3051. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE-CITY A JOINT POtJERS AGREEMENT MITH THE STATE OF CALIFORNIA, THE COUNTY OF SAN DIEGO AND ALL. INCORPORATED CITIES OF SAN DIEGO COUNTY, TO CREATE THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER., adopted by title only. Motion Ayes E. Planning. I MI 1. Agenda Bill X882. Report from Planning Commission regarding a Conditional Use Permit t allow the establishment of an .auto yard busines in the Ponto area by Eugene M. Chappee. (continued from November 21, 1972) The report from the Planning Commission was presented and discussed. A motion was made to continue the matter and i'nstruct the staff to draft a resolution containing certain condition: for approval of the CUP and .stipulating Council reasons for granting the appeal of the decision of the Planning Commission. Mr. Chase withdrew his motion upon the City Attorney's advice that the Council shall announce its decision upon report back from the Planning Commission, as stipulated by city ordinance. > Mo ti on wi thdra . .. Mayor Dunne called a recess at 8:lO p.m. and the . . Councii reconvened at 8:20 ~.m. with -all rnernbprq nrPcPnt. .. COUNCltMEN CITY OF CARLSSAD - 4- January 16, 1673 P 16- DEPARTMENTAL REPORTS continued. (Chappee - CUP request) The Council ,granted the appeal of the decision of the Planning Commission and approved a CUP fo an auto yard, subject to certain conditions and res tri ctions. I The applicant was put on notice that approval from the Coastal Zone Commission may be required for the CUP and Lot Split. I The following Resolution was presented for adoption. RESOLUTION NO. 3053. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIAy ANNOUNCING FINDINGS AND GRANTING THE APPEAL OF A PLANNING COMMISSION DECISION AND APPROVING A CONDITIONAL USE PERMIT FOR AN AUTO WRECKING YARD LOCATED NORTHERLY OF PONTO ROAD AND .EASTERL\I OF CARLSBAD BOULEVARD SUBJECT TO CERTAIN CONDITIONS, adopted by title only. Councilman Lewis stated his NO-vote was cast in opposition to the number of years (10) for which the CUP was.granted, not the CUP itself. WI 6'1 2. Agenda Bill #997. (continued from 1-2-73) Request for an amendment to Section 21.42.010, Title 21, Carlsbad Municipal Code, regarding Circuses and Carnivals. The City Attorney informed the Council that, in accordance with Section 5.04.080, regarding business licenses fees, circuses and carnivals falling under this proposed amendment would be eligible for waiver of license fees. The following Resolution was presented and offered for adoption.': RESOLUTION NO: 3040. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.42.010 (2) (5) OF THE MUNI- CIPAL CODE TO PROVIDE FOR CIRCUSES AND CARNI- VALS UNDER CERTAIN CIRCUMSTANCES ON APPROVAL OF THE CITY MANAGER, adopted by title only. The following Ordinance was offered for a first reading. b ORDINANCE NO. 9342. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING SECTION 21.42.010 (2) (D) OF THE CARLSBAD MUNICIPAL. CODE TO PROVIDE FOR CIRCUSES AND CARNIVALS UNDER CERTAIN CIRCUMSTANCES ON APPROVAL OF THE CITY MANAGER. E991 3. Agenda Bill si.1001. Request for Tentative Map approval, Royal Homes, Carlsbad Tract 72-32, I located southerly of Chinquapin between Highland Drive and Adams Street. Ritter & Law and Calif- ornia Property Brokers - Applicants. ~ I r3 1 I Motion Ayes X Motion !-Ay e s X ~ I f 3 2 P $# !"-v JJfl 7. P CITY OF CARLSBAD WUNC1LMEN Ir' 1 - 5- January 16, 1973 r3 DEP,4RTMENTAL REPORTS continued. (Ritter & Law and California Property Brokers) A staff report was given and it was recommended that item (2) in the proposed resolution requir- ing that "Vehicular acc2ss rights shall be dedicated along Chinquapin Avenue ''be deleted. The Council accepted the recommendation of staff and the following resolution was presented as RESOLUTION NO. 3046. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING F. Public Works. 1. Agenda Bill #1002. Request for accept- ance of Lot 'ID" in Carlsbad Tract 72-18, Unit #l between Park Drive and Tamarack Avenue. The Council accepted the staff recommendation that Lot 'ID'' be accepted for public street pur- poses and the following resolution was offered: RESOLUTION NO. 3047. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING FOR ED LOTS, adopted by title only. 2. Agenda Bill #1003. Request for one-way designation for a portion of the alley between State Street and Roosevelt Street, from Elm to Grand Avenue. It was the Council's decision this matter be continued, pending recommendations from the L961 In response to inquiry by the Council, the Publi Works director stated that: (1) Railroad cross ing barriers were still expected to be complete by April 1; (2) design for traffic signals on Tamarack are being worked on by consultants and the City is working with the State on tying-in signals with on and off ramps. The Mayor requested progress reports be made to the Council on these two matters. G. Purchasing. 1. Agenda Bill X971 - Supplement $2. Request for authorization to execute Lease Agree ment for purchase of Fire Truck from American La France, and assignment of said Lease. A staff report Qas given by the Purchasing- Agent informing the Council that four bids had been received, one of which could not be considered because it contained certain restrictions. He further stated that the lowest bidder was S'outh- west Bank. Mr. Pieti said that a conventional procedure would be for the City to execute a lease-purchase agreement with the American La France Company, followed by ,assignment of the CITY OF- CARLSSAD CCIUNCILME i .I f i .’ January 16, 1973 r5 j- :llo] 7- WI 1731 DEPARTfilENTAL REPORTS continued. (Park and Open Space Joint Powers Agreement) Follovring discussion, the Council authorized th Mayor to contact the County Board of Supervisor relative to a Joint Povlers Agreement. 2. Agenda Bill $1006. lrlater Rates - HUD Housing. A discussion.was held on water rates and the apparent inequities in such cases as HUD housiri projects, in as much as owners can not raise rents to-accommodate such increases as water costs. It was'further pointed out that multi- unit dwellings were seriously affected also. Mr. Tony Howard-Jones,.3985 Park Drive, address1 the Council, stating that rental units which he owned on the beach had used 76 units less water but the cost had risen from $66 to $178 insoite of fewer units of water being used.. He felt increase was not reasonable. the -I 1 Councilman Frazee indicated, that agricultura users had,been adversely affected to such a degree as to potentially force them out of business. The Mayor announced a recess at the request of Councilman Chase at 9:40. The meeting reconvene at 9:55 P.M. wi.th all members present.' There was further discussion on water rates, concluding in a motion instructing the staff to study rates for multiple and apartment dwell- ings and report back to the Council in 30 days, It was further stipulated that no action could be taken at this time regarding water rates for HUD housing units, but would -be considered when th.e rate report was made in 30 days.. Councilman Chase requested that the HUD people as well as others who have written letters of protest be informed of the Council's action. ORDINANCES FOR ADOPTION. The following, ordinances were presented for a second reading and adopted. (a) Agenda Bill #988. ORDINANCE NO. 9340. AN ORDINANCE OF THE CITY'OF CARLSBAD ADOPTING A SPECIFIC PLAN FOR PROPERTY LOCATED ON THE NORTH- EAST CORNER OF ALGA ROAD AND EL FUERTE STREET, CARLSBAD TRACT NO. 72-26, LA COSTA MEADOWBROOK, FOR DEVELOPMENT OF 321-UNIT, l-LOT CONDOMINIUM. (La Costa Land Company) 1 (b) Agenda Bill #990. ORDINANCE NO. 9341. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 524.145‘ OF THE CARLSBAD MUNICIPAL CODE BY ADDING PRO- VISIONS FOR A WATCHMAN'S TRAILER. ilotion \yes lotion hyes otion yes otion yes i. 1 x 1( . (+=JTy OF ctq21 - SBp$D CoiJNCILGEN -a- January 16, 1973 " CONSENT CALENDAR: I The fo1lowi.ng items were approved by one motion affirming the actions on the Consent Calendar. 1 A. Agenda Bill X1007. CORRESPONDENCE-Advisory. ~041 2. Statement to CPO from the League of Nomen Voters, regarding allocation of Funds created by SB325 for public transportation was acknowlgdged and ordered filed. [74] B. kenda Bill Xl008. An amendment of Employ- ment Standards for the classified position of Parks and Recreation Director was approved as presented. [451 D. Agenda Bill X1010. A Future Improvement Agreement for Parcel Split f5178, to divide an existing lot located at Highland Drive and Chin- quapin Avenue, and authorization for Mayor to execute said agreement was approved. (MacDougall [79] F. Agenda Bill #1012. Council Policy No. 15, adopting Traffic Safety Policies and Narrants, as recommended by Traffic Safety Commission, was approved. The following items were removed from the Consen Calendar and action was taken as indicated. A. Agenda Bill X1007. CORRESPONDENCE-Advisory Cl10l 1. Letter dated 1-8-73 from Pearce C. Davis regarding water rates was discussed. i A motion was made that the study on water rates be enlarged to include agriculture rates within the city. IC741 C. classified position Administrative Assistant Agenda Bill #7009. Changing description'of was removed'from the Consent Calendar at the request of the Personnel Director. E451 E. Agenda Bill #loll. A Future Improvement Agreement for Parcel Split #180 for property located on Ocean Street, and authorization for 'Mayor to execute said Agreement. Army-Navy Academy and RBJ Enterprises. i The City Engineer stated the agreement had been modified, deleting RBJ Enterprises,. holding the Army-Navy Academy responsible for all improve- ments on the described property. A motion was made authorizing the Mayor and City Clerk to execute the Future Improvement Agree- ment on behalf of the City. B 9- CONTII?IUED BUSINESS: [73] (a) Agenda. Bill #1013. Request by Barton Leff- erdink for permission to shoot "Mud Hens." The City Manager stated that any discharge of ~~ z*< I6 Motion Ayes Motion Ayes I !Motion /Ayes 1 r i rJ--Tv OF >y Jy3i qzr. 4- Lei a 4 Wf '3 \?..",2f L.2 CDUNCtLMfN -9- January 16, 1973 - 9- CCNTINUED BUSINESS ,continued. P v (Agenda Bill #lo73 - Mud Hens) fire arms except at the designated pistol range was in violation of City Ordinance. He advised the Council to deny the request. r The City Attorney indicated that to allow the shooting of the "mud hens" 'made the City responsible for any mishaps which m.ight occur. 5 8 i. 1 1 k $ I I. E ! f Mr. Lefferdink, who had provided the Council wit a copy of a letter from the Wild Life Commission which gave sanction to shooting of the mud hens, stated tie would be willing to sign a "Hold Harm- less Agreement" if the Ci.ty wishes. The City Attorney stated he thought that would be adequate. The Police Department, Mr. Lefferdink said, would be notified before any shooting was done. The Council granted Mr. Lefferdink permission to shoot the mud hens during a two-week period, with the understanding that a "hold harmless agreement'' would be executed, and that the Chief of Police determine if it was necessary for an officer to be present when shooting occurred. ~291 (b) Agenda Bill #914. Revenue Sharing-Recom- mended expendi tures. Councilman Chase gave a background report on the committee's priority list. The following people addressed the Council regarding the Library and priority use of Revenue Sharing Funds: Nr. Ray Brookhart, Chairman of the Library Board of Trustees, explained that the report from the consultants on the Plaster Plan is not yet avail- able but has no bearing on the completion-of the mezzanine. He urged the Council to consider the $15,000 requested for completion of the mezzanin Mrs. Georgina Cole, City Librarian, emphasized the necessity of utilizing a portion of the funds from Revenue Sharing for the Library. It is, she stated, imperative to maintaining the qua? i ty of services. The Council discussed at length the items on the priority list and by comrnon consent deleted certain projects. The.following resolution was offered for adoption, setting forth the approvec priority ?ist: I RESOLUTION NO. 3056. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMEt4DIMG RES- OLUTION No. 2034 WHICH APPROVED THE CITY BUDGET FOR FISCAL YEAR 1972-73 TO PROVIDE FOR RECEIPT AND DISBUSEMENT OF FEDERAL REVENUE SHARING FUN.D: 1 Adopted by title only. The City Clerk requested the Council to consider Capital Outlay funds for Central Filing which is going to be necessary in the very near future She also stated building expansion should be considered. W '7 CITY" OF. CARLSBAD WUPiLiLMLP -10- 1'0- NE'd BUSINESS: I 'I ~371 (a) Agenda Bill #1014. Continued publication of City Council Report. I I t It was the concensus of the Council that the present publication be terminated, as agreed when the Reports were originated. It was further agreed that Mr. Sam Henry be invited to offer a proposal for a quarterly news report; the reports would be distributed with the water bills. Mr. Henry addressed the Council and recommended that the bi-weekly reports not be discontinued .and that a more effective means of distribution for said reports be implemented. A motion was made that Mr. Pieti be authorized Motion to obtain bid proposals for a quarterly report. Ayes (b) Agenda Bill #1015. Request for Cultural '281 Center Commi ttee. I Mrs. Hope Wrisley, 2080 Basswood, addressed the Counci'l and informed them that a group of citia felt there was a real need for a Cultural Center Committee to advise the Council of the community cultural needs. I 11- [771 The Council requested Mrs. Wrisley provide them with more information on goals and the number of people to be considered for the committee at the next regular Council meeti n9. ADDITIONAL BUSINESS: COASTAL ZONE CONSERVATION ACT. (no agenda bill) The Planning Director requested the Council adopt a resolution requesting the Buena Vista Lagoon and Batiquitos Lagoon be given non-tidal consideration. The following resolution $!as offered for adoption. RESOLUTION NO. 3052. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I REQUESTING THAT THE BUENA VISTA~LAGOON AND THE BATIQUITOS LAGOON BE GIVEN NON-TIDAL CONSIDER- ATIONS AS PROVIDED FOR IN THE CALIFORNIA COASTAL ZONE CONSERVATION ACT. Adopted by title only. The Council directed the staff to send copies of tne adopted resolution to CPO, Regional Coastline Commission, County Board of Super- visors and the City of Oceanside. D .. ,, CiTY OF CARLSBAD GOUNClhMEl -71- ADilITIONAL BUSIlslESS: continued. [28] Administrative Assistant, Jerry Pieti, informed the Council he had received a telephone cal 1 from Mrs. B.J. Curry Spitler, Office of Senior Citizens Affairs , requesting a statement support ing in principle the objectives of a study on a county-wide system of supportive services for th elderly. This is necessary, he said, in order to obtain Federal funds. The Council authorized said statement for the Mayor‘s signature. r77-j AMENDMENT TO THE SAN DIEGUITO GENERAL PLAN. (no agenda bill) The Planning Director presented a memorandum and departmental report requesting a minute motion be made approving the proposed amendment. The San Diego County Planning Depart ment originated the request and it was the find- ing of the City Planning Commission and Planning Department that such amendment should be made. [94] The City Engineer requested guide1 ines from the Council regarding the Tri-City Auto Plaza. He indicated the association had requested a center median be installed by the City. It was the Council’s feeling that the median was not the responsibility of the City. The Council also instructed the City Engineer that future questim regarding the Auto Center be directed first to Councilmen McComas and Chase because of their negotiations on the Lease-lease back agreement. Mayor Dunne called for an Executive Session to discuss personnel at 12:lO a.m. The Council reconvened at 1:17 a.m. and the Mayor announced that salaries had been discussed. [29] RESOLUTION NO. 3057. A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF CARLSBAD AMENDING RESOLU- 1972-73, adopted by title only. RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for the General Expenses of the City in the amount of $94,485.38 and the Water Department in the amount of $14,783.50; Water Improvement project $14,038.78 and Investments $300,000, for the period January 1, 1973 through January 15, 1973, as certified by the Director of Finance and approved by the Auditing Committee Ratification was given the payment of the payrol in the amount of $73,385.91, for the period of January 1, through January 15,. 1973, as cert.j- fied by the:;.D:.irector of Finance and approved by the Auditing Committee. ADJOURNMENT: By proper notion, the meeting was adjourned at 1:25 a.m. R.e ectfully s brn’,& d, flP,f A&+ 3 .g&2,..../. no -Al&T .E - Annwc r* * -7 1