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HomeMy WebLinkAbout1974-08-20; City Council; MinutesCITY OF CARLSBAD COUNCILME1 - B D Ir Meeting of: CARLSBAD CITY COUNCIL (Regular Meeting) Date of Meeting: August 20, 1974 \ Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: Present k 2- INVOCATION was given by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was lead by Cmn. Skotnicki. 200 4- - APPROVAL OF MINUTES: I I (a) Minutes of the regular meeting held August 6, 1974, and Motion held August 8, 1974, were both approved as (b) Minutes of the adjourned regular meeting presented. 5- CITY COUNCIL COMMITTEE REPORTS: Ayes i Mayor Frazee gave a CPO report and then brought [821 to the attention of the Council a communication received from the Boys' Club urging the City to protest the issuance of a liquor license for selling beer and wine at a grocery store on Roosevelt Street. Discussion ensued in which the merit of individ- ually contacting the Alcoholic Beverage Commissicn as opposed to an official Council position was measured. It was the concensus of the Council X Ayes that the staff be directed to write the ABC and Motion not already been held. that the hearing on this particular license has issued for the store under discussion, providing Noes state the City's opposition to a license being [69l PARKS AND RECREATION. Betty Wollrich, commissio member, informed the Council that Eric Larson is now the new cha.irman and reviewed various activ- ities of the commission. 1 6- HOUSING AUTHORITY - continued from 8-6-74. I [lo51 The Council adjourned to the Housing Authority a 8:22 p.m. and reconvened at 8:50 p.m., with all Councilmen present. 1 ~ 7- PUBLIC HEARINGS: I Mayor Frazee declared the Public Hearings open I at 7:35 p.m. ~ ground Utility District #5, southerly of Agua I [641 (a) Agenda Bill #3135. Consideration of Under- Hedionda Creek to Rancho Carlsbad Drive. The staff informed the Council the cost of this district would be borne by the County and funded from their Conversion Allocation. The formation of the County Underground District is contingueni. upon formation of this district. No one in the audience wished to speak and the public hearing was closed. RESOLUTION NO. 3490, declaring and designating a certain part of the City as Underground Utility District No. 5 and making orders in regard there was adopted after the reading of the resolution was waived by unanimous consent of the Council. 1 g Motion Ayes ;o , X l P x X xx X X 1: x ~ 1 7 0 8 .e CITY OF CARLSBAD COUNCILME1 -2- August 20, 1974 ~ ~~ ~~~~~ [431 (b) Agenda Bill #3167. Amendment of a precis plan which would delete that portion of City :: Council Resolution #1327 which permits a service station, at intersection of 1-5 and Palomar Airport Road. APPLICANT: MAURICE STONEBREAKER The staff stated the Precise Plan adopted in 196 is now an obsolete method of limiting land use. A conditional use permit is now required for all service stations and upon a request from the applicant for a permit for diesel fuel sales and a tire service facility at the vacated Shell Service Station it became necessary to amend the Precise Plan adopted by Council Resolution #l327. It was further stated that the Planning Commissi has granted a Conditional Use Permit on condi- tion of the amendment of Resolution #1327. Mr. Paul Ecke, owner of the property under dis- cussion, inquired if this change would prevent the site being used as a regular service station in the future. He was informed that it would no No one else wished to speak and the public heari was closed. Following discussion, a motion was made to amend Resolution #1327 by deleting that portion relat- ing to service stations and directing the City Attorney to prepare the necessary documents. E991 (c) benda Bill #2219-Supplement #l. Regarding a SPecific Plan to allow develoPment of a 190 unit condominium on 28 acres of'land - SP 135 and CT 73-23. APPLICANT: HESTER DEVELOPMENT COMPANY This matter was heard by the Council on April 2, 1974, and it was tabled to allow the applicant time to comply with the City's Public Facilities Policy. The Planning Director stated the appli- cant has complied with all ordinances and polici of the City, including the Public Facilities Policy. Ken Wasseman, representative of Occidental Land Company, spoke in support of the project. No one else wished to be heard and the public hearing was cloased. I I I , The Council discussed recommended changes con- I tained in Planning Department memorandum of I August 12, 1974, said changes are recommended ~ for compliance with revised methods of applying conditions of approval for a specific plan and tentative map. A motion was made directing the City Attorney to prepare the documents necessarJ for approval of the Specific Plan and Tentative Map, incorporating conditions outlined in Plan- ning Commission resolutions #994 and #995, with the changes noted in the memorandum of August li S Motion Ayes X 8 P xx I I ~ xx ~ I CITY OF CARLSBAD COUNCILME I - a 8 -3- August 20, 1974 ~~ ~~~"~ ~~~~~~ E571 (d) Agenda Bill #3123. Amended Land Use Elemen of the City of Carlsbad General Plan. A motion was made to continue the Public Hearing to September 3, 1974. RECESS: Mayor Frazee called a recess at 8:50 an the meeting was reconvened at 9:05 p.m. with all Councilmen present. 8- - DEPARTMENTAL REPORTS: A. Planning. [991 1. Agenda Bill #3133-Supplement #l. Specif Plan and tentative map for Carlsbad Tract 73-59 on property located east of Lowder Lane between Palomar Airport Road and Poinsettia Lane. APPLICANT: Pacesetter Homes, Inc. At the request of the applicant the matter was continued to September 3, 1974, with the consent of the Council. C991 2. Agenda Bill #3134-Supplement #l. Specifi Plan Revision (SP-31-A) for the development known as "Papagayo. I' APPLICANT: Larry Hunts. Following a brief review, Ordinance No. 9401 was introduced for a first reading.by title only. ORDINANCE NO. 9401 , ADOPTING AN AMENDED SPECIFIC PLAN (SP-31-A) ON PROPERTY LOCATED ON THE EASTER SIDE OF THE A.T.& S.F. RAILROAD RIGHT-OF-WAY, WESTERLY OF INTERSTATE 5 AND SOUTHERLY OF CHAN- QUAPIN AVENUE. A motion was made waiving further reading of the Ordinance. c711 3. Agenda Bill #3143-Supplement #l. Amend- ment of Title 21 of the MuniciDal Code. reaardin Parking Standards for the P-M tPlanned-Indistria zone district. Following brief comments, Ordinance No. 9402 was introduced for a first reading by title only. 0RDI.NANCE NO. 9402, AfilENDING TITLE 21, CHAPTER 21.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEN MENT OF SECTION 21.44.210 TO REVISE THE PARKING REQUIREMENTS FOR THE P-M ZONE. With the unanimous consent of the Council, furth reading was waived. B. - Public Works. C991 1. Agenda Bill #3148. Approval of Future [451 Improvement Agreements in connection with Parcel Spiit No. 147-(recreational vehicle park), on property located on the south side of Palomar Airport Road between Kelly Drive and Macario Rd. (CARROLL R. KELLY) RESOLUTION NO. 3473, Approving an agreement between the City and Carroll R. Kelly for the installation of improvements on MACARIO ROAD required by Parcel Split No. 147 and authorizing I \ 202 Motion Ayes X C Motion Noes Y Ayes X Motion Ayes X ) Motion Ayes X - sr Motion Ayes IX X xx X x X xx X xx xx CITY OF CARLSBAD 7 D -4- August 20, 1974 " ~- ~ ~~ ~~~~ ~~~~~ ~~~ ~ the Mayor to execute said agreement, was adopted after the reading of the resolution was waived by unanimous consent of the Council, RESOLUTION NO. 3474, approving an agreement betwc the City and Carroll R. Kelly for the installa- tion of improvements on PALOMAR AIRPORT ROAD as required by Parcel Split No. 147 arid authorizidg the Mayor to execute said agreement, was adopted after the reading of the resolution was waived by unanimous consent of the Council. RESOLUTION NO. 3475, approving an agreement between the Citv and Carroll R. Kellv for the installation of- improvements on KELLV DRIVE as required by Parcel Split No. 147 and authorizing the Mayor to execute said agreement, was adopted after the reading of the resolution was waived by unanimous consent of the Council. C. City Manager. Dl1 1. Agenda Bill #3153. Request for cardroom 1 icense. The City Manager reviewed basic elements in the ordinance regarding cardroom licensing and recommended no amendment be considered at this time to allow additional cardroom licenses. Mr. John H. Thomas, attorney .for Messrs. Anderse Lowe, Camp and Wesenberg, addressed the Council urged amendment of the ordinance on the basis of an unfair monopoly. Council discussion was held and a motion was mad accepting the staff recommendations and to table the request for amendment of the ordinance. A further motion was made directing the staff to reevaluate the cardroom license ordinance and to return with recommendations for Council consider ation. [701 2. Agenda Bill #3155. Approval of priority E291 plan for expenditure of 1974 State Bond Funds. The Parks and Recreation Director, by'use of visual graphics, showed the various sites to be considered for utilization of the City's share of the State Bond Funds, approximately $83,000. The Council discussed parks and priority use of funds and a motion was made accepting the recom- mendations of the Park and Recreation Commission list of priorities for expenditure of State Park Bond Funds. The staff was directed to do whatever is neces- sary to register disapproval of the County's park priorities in regard to the Regional Park Program, specifically, the lowered priority of Lake Calavera in said program. Resolution No. 3479 approving the County's priority plan for fund expenditures was continue I to August 26, 1974. I I ?t r C € c COUNCILME1 \ 203 2n Motion Ayes Motion Ayes Ad Motior Ayes Noes 'Motion Ayes Motior Ayes Motior Ayes I 1 1 1 xx> XX) >>> X xxx XI >>d >>> - 0 I) I CITY OF CARLSBAD COUNCILME1 -5- August 20, 1974 C741 3. Agenda Bill #3168. Memorandum of Under- standing with Carlsbad Firefighters. RESOLUTION NO. 3492, accepting a Memorandum of Understanding between representatives of Manage- ment and the Carlsbad Firefighters Association, was adopted after the reading of the resolution was waived by unanimous consent of the Council. [291 4. Agenda Bill #3169. Amendment of Resolutio No. 3483, establishins salary schedule for F/Y 1974-75, to include Fire Safety personnel. . RESOLUTION NO. 3493, adopting an amended salary plan for Fiscal Year 1974-75, was adopted after the reading of the resolution was waived by unanimous consent of the Council. C39-1 5. Agenda Bill #3170. Recommended changes to 74 the Salary Schedule of specified Library personn The City Manager reviewed the recommended change and answered questions posed by the Council. The Council accepted the recommendations of the staff in regard to the positions itemized on the Agenda Bill and directed the City Attorney to1 prepare the documents necessary for the salary range changes.. [291 6. Agenda Bill #3171. Establishment of C,ity Counci.1 appointed officials salary schedule. RESOLUTION NO. 3494, adopting the Salary Plant for Council-Appointed emDlovees for Fiscal Year 1974-75, and amending Exhib7t ''A" to read "monthly," was adopted after the reading of the resolution was waived by unanimous consent of the Council. E741 7. Agenda Bill #3162. Changes to Resolution No. 1727, Personnel System Rules and Regulations RESOLUTION NO. 3486, amending the Personnel F!ule and Regulations of the City by the amendment of Rules IVY S and XV, to provide for adjustments in schooling pay, holidays and education incenti pay, was adopted after the reading of the resolution was waived by unanimous consent of: the Council. E841 8. Agenda Bill #3172. Purchase of fire hose RESOLUTION NO. 3495, accepting a bid and author- izing the execution of a contract for fire hose, was adopted after the reading of the resolutiion was waived by unanimous consent of the Council. The contract was awarded to Wardlaw Fire Equ'r'p- ment, in the amount of $5,027.50, as the lowest of two bidders. ~ [78] 9. Agenda Bill #3173. Reimbursement Agree- ~ C451 ment between the City and County Probation ~ Department. RESOLUTION NO. 3496, approving an agreement between the City and the County of San Diego ~ I r € C <, 1 \ G Motion I Motion ~ Ayes 1. Motion Ayes Motion Ayes Motion Ayes 'e Motion Ayes Motior Ayes I I s 1 3 I X X X X X X X 3 \ !5 i lP X 'X x i i xx X xx x xx X xx X xx X xx CITY OF CARLSBAD -6- August 20, 1974 - 0 I) c " ~~ ~~ providing for reimbursement in connection with the Carlsbad Police Juvenile Diversion Project and authorizing the City Manager to execute said agreement, was adopted after the reading of the resolution was waived by unanimous consent of the Counci 1. [100] 10. Agenda Bill #3174. Fixing amount of money necessary to be raised by taxation and fixing rates thereof. RESOLUTION NO. 3497, fixing the amount of revenu from property taxes necessary to support the departments of the City and fixing the amount of revenue from property taxes necessary to pay the bonded indebtedness of the "1962 Sewer Bonds, Series A, By and C" and "1966 Library Bonds" for the Fiscal Year 1974-75, was adopted after the reading of the resolution was waived by unanimous consent of the Council. e RESOLUTION NO. 3498, setting the Tax Rate for th 1974-75 Fiscal Year. was adopted after the read- ! ing of the resolution was waived by unanimous consent of the Council. I [69] 11. Agenda Bill #3175. Reappointment of member to Parks and Recreation Commission. 4 RESOLUTION NO. 3499, reappointing two persons (Myles Regan and Eric Larson) to the City Parks and Recreation Commission, was adopted after the reading of the resolution was waived by unanimous consent of the Council. cz81 12. Agenda Bill #3176. Disabandment of Non- functioning Boards, Commissions and Committees. The Council deleted the Stop Littering Our Bays and Beaches Committee from R-esolution 3500. Said committee is a county organization. - RESOLUTION NO. 3500, disbanding ten committees, was adopted after the reading of the resolution was waived by unanimous consent of the Council. [48] 13. Agenda Bill #3177. Communicating Council dissatisfaction with Special Municipal Election I Ballot Count to Board of Supervisors. I RESOLUTION NO. 3501, communicating to the Board of Supervisors of San Diego County the City Council's dissatisfaction in regard to the pro- cessing of the City's Special Municipal Election which was consolidated with the statewide Primar held on June 4, 1974, was adopted after the read ing of the resolution was waived by unanimous consent of the Council. I The staff was directed to forward each member of the Board a copy of the resolution as well as th Registrar of Voters with a cover letter. I I 4 [86] 14. Agenda Bill #3178. Request for funds from North County Youth Task force for Project OZ North. I The staff provided background information on thid COUNCILME' 20 5m O., s*r 9 Motion Ryes XX) Motion xxx Ayes X Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx I , - 0 D - CITY OF CARLSBAD COUNCilMEl I -7- August 20, 1974 I project and described differences between goal of OZ, DEFY and Lifeline. Mrs. Rosemary Brewster, representing OZ, gave additional information about project OZ, a pro to provide temporary residential facilities for teenage runaways. Mr. Lou Sciarra, manager of the Boys' Club, spok in support of OZ, as did Mr. Dick Rayburn, YMCA in San Diego. The Council authorized Mayor Frazee to contact other mayors in North San Diego County in an effort to coordinate social services in the area, It was moved the agehda bill; bd .tabled. Motion X Ayes xxx E411 15. Agenda Bill #3179. Claim against the City. (Roxanne Naomi Dennis) - RESOLUTION NO. 3502, denying a claim against the Motion the Council. resolution was waived by unanimous consent of xxx Ayes City, was adopted after the reading of the X 9- ADDITIONAL BUSINESS: A. City Council. C281 1. Agenda Bill #3166. Appointment of two persons to Citizen and Professional Advisory Committee on Seismic Safety and Geologic Hazards Element of the General Plan. The C0:unci.l c6ncurred that three lay people be appointed to the committee, and directed the staff to contact A. W. PAHL, MAX AMOS, ALLAN McDOUGAL, ROBERT CHANEY and LIZ FIDDLER to determine who among them would be willing to serve on the Seismic Safety and Geologic Hazalrds Advisory Committee. Selection of three will be at the discretion of Mayor Frazee. RECESS: Mayor Frazee called a recess at 11:30 p.m. and the Council meeting was reconvened at 11:40 p.m. will all members present. B. - City Attorney. [571 ROOSEVELT STREET STUDY AREA. As agreed at the adjourned meeting of August 14, 1974, the following ordinance was submitted for Council1 consideration as an urgency measure: - ORDINANCE NO. 9403, AN INTERIM ORDINANCE OF THE Motion X CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, Ayes ADOPTED AS AN URGENCY MEASURE PROHIBITING xxx STUDY AREA, was introduced and adopted after the COMMERCIAL DEVELOPMENT IN THE ROOSEVELT STREET consent of the Council. reading of the ordinance was waived by unanimous C. City Manager. [lo51 YOUTH DETENTION FACILITIES. The Federal Government Department of Prisons is seeking a suitable location for a minimal security install- I, CITY OF CARLSBAD -8- August 20, 1974 - 0 I) l ~ ation for youth. The Carlsbad area is one of several which is being investigated. As more information becomes available, the Council will be notified. L-941 PARKING LOT EXPANSION - El Camino Plaza. The City Manaqer stated he had contacted several firms rkgarding a market and costtjbenefit study and felt that Partridge ?t Anderson, Inc. offered a comprehensive study and analysis at a fee that was considerably less than other firms contactNed He suggested that the developer place funds on deposit in the amount of $5,000 with the City. The Council discussed at length the general feel ing as to public benefit and public attitude. It was the concensus of the Council that substan tial return on any investment would have to be assured before an affirmative response could be shown to the City participation in parking lot expansion at the Plaza. A motion was made directing the City Manager to proceed with the consultants and to inform the applicant of the Council's general attitude regarding the parking lot expansion before acc.epti;ng the applicarrtils deposit of $5,000 for consultants fees. E371 REFINERY. A motion was made to direct the City Manager to investigate and report at the next regular meeting the best method of con- ducting a survey amongst the registered voters of Carlsbad to determine their opinion as to the desirability of establishing the necessary zon- ing to permit the establishing of an oil refiner within the sphere of influence of the City of Carl sbad. \' c221 AIRPORT AD HOC COMMITTEE. Gerald C. McClellan was appointed to serve on the County Airport Ad Hoc Committee. 10- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of the biTls for General Expenses of the City in the amount o $181,643.76, Water Department in the amount of $3,880.50, and Investments in the amount of $200,000, for the period of August 1, 1974 throu August 15, 1974, as certified by the Director of Finance and approved by the Auditing Committee. I Ratification was given the payment of the payroll in the amount of $112,881.92, for the period of July 29, 1974 through August 12, 1974, as certi- fied by the Director of Finance and approved by the Auditing Committee. 11 - ADJOURNMENT: By proper motion, the meeting was adjourned at 12322 a.m., to Monday, August 26, 1974, at 5:OO p.m. in the City Council Chambers. I Res ectfully ubmitted MARGZXAMS, City Clerk VIRGINIA M. SMITH, Recording Secretary . ,e- p I .I c /A %7. &C22 I COUNCILME1 I h Motion xxx Ayes X Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes X