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Home My WebLink About1974-10-01; City Council; Minutes'I - 0 - 0 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: October 1, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- 2- 3- 4- 5- [921 C681 [371 C761 " ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE' OF ALLEGIANCE was given. APPROVAL OF MINUTES: (a) Minutes of the adjourned regular meeting held September 11 , 1974, were approved as pre- sented. (b) Minutes of the regular meeting held Septem- ber 17, 1974, were approved as presented. CITY COUNCIL COMMITTEE REPORTS: (a) Joint Advisory Committee. Councilman Chase reported that authorization had been aiven bv the Joint Advisory Committee (JAC) fo; the e;- ployment of a consulting firm to determinewhethe the present management is the most feasible or whether management reorganization is necessary in an effort to obtain maximum efficiency. They will also be scrutinizing the structure as well as management. Councilman Chase further stated that prior to any action being taken by the Join, Advisory Committee, a report which will include the recommendations of the consulting firm will be submitted to the City Council. (b) League of California Cities Conference. Mayor Frazee reported that a request had been received from the League of California Cities that each city which will be represented at the League Conference appoint their voting delegate and a1 ternate. It was moved that authorization be given Mayor Frazee and Councilman McComas to attend the League of California Cities Conference to be he1 October 20th thru October 23rd in Los Angeles, and that Mayor Frazee be designated to repres'ent the City of Carlsbad as delegate and Councilman McComas be designated as Alternate. (c) Industrial Development surrounding airport- Scottsdale, Arizona. Mayor Frazee informed the City Council he had been extended an invitation to view the industrial development surrounding an airport in Scottsdale, Arizona and requested authorization for the one-day trip. It was .greed that iuthorizakion. be given Mayor Frazee for a one-day trip to Scottsdale, Arizona as requested. (d) Qpointment to Planning Commission. Mayor Frazee announced that no apPointment fillincl the vacancy on the Planning Commission had been"made and the Council was interested in recommendation from the Public. COUNCILME1 Motion Ayes xxx Motion X Ayes xxx I ~ ~ 1, CITY OF CARLSBAD -2- October 1, 1974 - 0 0 T I I I -~ ~~ ~~ ~~~ .~ ~~~~ ~~ ~ I 6- HOUSING AUTHORITY: I The Council adjourned to the Housing Authority at 7:25 P.M. and reconvened at 7:56 P.M., with a1 1 Counci lmen present. c831 INTRODUCTION OF UTILITIES MAINTENANCE DIRECTOR. The City Manager introduced Mr. Herb Ketay, "I recently hired by the City of Carlsbad to fill the position of Utilities Maintenance Director and reviewed his qualifications. The Mayor, on behalf of the City Council , welcomed Mr. Ketay as a member of the City of Carlsbad staff. 7- PUBLIC HEARINGS: I Mayor Frazee declared the Public Hearings open at 8:OO P.M. I [123] (a) Agenda Bill #3199. To consider a request [99] for approval of a Specific Plan for property generally located on the north side of Lowder. Lane (Paseo del Norte) between Palomar Airport Rd. and the northerly terminus of Camino Del Parque. Applicant: Pacific Point Pro erties (ET 744 i 1 The City Manager informed the Council the sta.ff was requesting a continuance on this Public Haaring due to some confusion regarding Coastal Commission approval of the project. He further stated it was felt the matter could be heard on October 15, 1974. Mr. Bob Ladwig, Rick Engineering, representing the applicant, informed the Council they wou1,d agree to a continuance and a motion was made that the Public Hearing be continued to the October 15, 1974 Council meeting. [57] (b) Agenda Bill #3123. - Supplement #l. Amend- ed Land Use Element of the General Plan for the City of Carlsbad. A staff report was given by the Planning Direct0 Correspondence Kegardiiny the Land Use Element ,of the General Plan wa's received from La Costa .Land Development Company, bated September 30, 1974, objecting to a six (6) story height limitation, was read by the Planning Director. Also receive and read was a letter from Mr. Robert B. Nelrjon, dated September 27, 1974, requesting that the proposed Land Use designation for the two lots on the northeast side of Jefferson St., north of Home, owned by him, reflect a land use designa- tion of "RMH/O" which would allow professional uses. Following staff review, it was the re- commendation of the staff that the lots frontling on Jefferson St., south of -Laguna Drive and t'host lots fronting on the north side of Home St. be designated as the combination district "RMH/O" for reasons outlined in their staff report. 1 ( 2 COUNCllMEl I ~ ~ k\ 5'3 ?w 226 'p Motion xx x Ayes X - I) 0 c CITY OF CARLSBAD -3- October 1 , 1974 - Reference was made by the Planning Director to a memorandum from Councilman Skotnicki, dated September 30, 1974, recommending consideration of several alternative goal ,statements to those currently recommended in the draft land use element and formulated by the Goals Committee. Capt. Lou Rash, Highland Drive, spoke with regar to the letter from La Costa Land Development Co. and expressed the opinion that the 35' height; limitation now in force was being abused by circumvention. Mr. W. Allan' Kelly, 3455 Spanish Way, Mr. Harry Truax, Harbor Drive and Mr. Phil Lukei, 4002 Crescent Point Rd. commended citizen committees and staff and urged adoption of the Land Use Element of the General Plan. A1 1 per- sons wishing to be heard were heard and theMay01 declared the Public Hearing closed at 8:44 P.,M. c' t r It was the concensus of the Council that the letter received from La Costa Land Development. Co. be taken under advisement. It was agreed that the Council accept the amend- ed Land Use Element of the General Plan, incllud- ing Exhibits "A" and IIB" and the request for a change in the land use designation made by MI-. Robert B. Nelson, as recommended by the staff, and the matter was referred back to the Planning Commission for ratification and report back -to the Council on October 15, 1974. Further, a motion was made that the proposed alternative goal statements suggested by Council man Skotnicki be forwarded to the Planning Com- mission for comment and recommendation, with in- put from the Goals Committee, and returned to the City Council at the earliest possible date. 1 RECESS: Mayor Frazee called for a recess at 9:06 P.M. and the Council reconvened at 9:20 P.M with all Councilmen present. I 8- DEPARTMENTAL REPORTS: A. Planning. [991 1. Agenda Bill #3190 - Supplement #l. Approval of tentative subdivision map for Carls- bad Tract 73-12. Applicant: D. R. Gray Con,- struction Co. (continued from Council meeting held September 17, 1974 for preparation of the document for adoption.) RESOLUTION NO. 3520, approving with conditions Tentative Subdivision Map (CT 73-12) for a 24- unit condominium project'on 1.6 acres of land generally located at the northeast quandrant of the intersection of Jerez Court and Gibraltar was adopted by title only after the reading of the Resolution was waived by unanimous consen of the Council. t COUNCllMEl k\ v 2 % 9 227 S Motion Ayes xxx Motion Ayes Noes XXI I Motion xx: Ayes X CITY OF CARLSBAD COUNClLMEl 1 \ 0 0 -4- October 1 , 1974 I B. Public Works. C971 1. Agenda Bill #3309 - Supplement #l. 1451 APDroval of Chanqe Order and acceptance of work for Contract 1014 - Elm Ave. widening between State Street and Washington Street. The City Manager informed the Council the work has been satisfactorily completed by the con- tractor and that the requested change order re- flected a $500.00 decrease in final contract costs. Further, he presented staff recommendlati( A motion was made that the staff recommendations be adopted and that Change Order No. 1 be approv' ed, that the work for Contract 1014 be accepted on behalf of the City and that the City Clerk be instructed to record the Notice of Completion and release the bonds 35 days after recordation. ~961 2. Agenda Bill #3200. Four-way stop corltro at the intersection of Oak Ave. and Roosevelt; St RESOLUTION NO. 3521, establishing four-way si:op control at the intersection of Oak Ave. and Roosevelt St., was adopted by title only after the reading of the Resolution was waived by unanimous consent of the Council. [: 271:. 3. Agenda Bill #3206. Audit Report - Assis [lll] ed Water Distribution Project - HUD. A report was given by the City Manager and the following Resolution was adopted by title only after the reading of the Resolution was waived by unanimous consent of the Council. - RESOLUTION NO. 3524, accepting the audit for water distribution project and authorizing sub- mittal of audit and final requisition to Fedleral Government (HUD). C. City Manager. c251 1. Agenda Bill #3201. Proposed Annexation- "South Carlsbad Annexation No. 1.21", of propert located south of Palomar Airport Road. Appli- cant: Cabot, Cabot and Forbes. Following a report by the City Manager, Ordinanc No. 1172 was introduced for a first reading by title only and with the unanimous consent of the Council, further reading was waived: - Ordinance No. 11 72, approving the Annexation to the City of Carlsbad of certain uninhabited territory hereinafter described and designating the same as the "South Carlsbad Annexation No. 1.21". 1 r-251 2. Agenda Bill #3202. Proposed Annexation "East Carlsbad Annexation No. 2.22", of propert) located between Route 78 and Palomar Airport Road and east of El Camino Real'. AppTicarit: Allan 0. Kelly. I CI I ! I b# cnr g IO 9 228 7s. Mot i on Ayes xxx Motion Ayes xxx e Motion Ayes Motion xxx xxx Ayes Motion XXI Ayes X Motion xxx Ayes X I ', CITY OF CARLSBAD -5- October 1, 1974 " - 0 0 [7Ul [Si 1 %29] [74,1 E781 Following a report by the City Manager, Ordinancc No. 1173 was introduced for a first reading by title only and with the unanimous consent of the Council, further reading was waived. ORDINANCE NO. 1173, approving the annexation to the City of Carlsbad of certain uninhabited territoky hereinafter described and designating the same as the "East Carlsbad Annexation No. 2.22". 3. Agenda Bill #3203. Park Development - City owned parcels along Pi0 Pic0 Drive. The City Manager reported on this matt,er and stated the three parcels would be developed in accordance with the following priority: Shell parcel, Pio.Pico park, and Greenwood park. lhe following Resolution was offered for adoptiorl by title only after further reading of theResolutio was waived by the unanimous consent of theCotsnzi1 RESOLUTION NO. 3522, authorizing the expenditure of funds for the improvement of Shell, Pi0 Pic0 and Greenwood properties for park purposes. It was moved that the staff be instructed not to commence work on Parcel "A" for a period of ten (1 0) days. Futher a motion was made that the recommendation of the staff with regard to priorities be approvc 4. Agenda Bill #3204. Amendment to Resolu- tion nU3505, establishing salary schedule for Fis cal Year 1974-75. (Police Lieutenant) The City Manager reported on this matter and made reference to a memorandum from Jerry Pieti, Assistant to the City Manager - Personnel, dated September 20, 1974. - RESOLUTION NO. 3523, adopting an amended salary plan for Fiscal Year 1974-75, was adopted by title only and with the unanimous consent of the Council further reading of the resolution was waived. 5. Agenda Bill #3205. Disposition of urn- claimed property. Following a report by the City Manager who ident fied the unclaimed property as eleven (11) items of jewelry which has been ii-t the custod,y of the Carlsbad Police Department since 1958, a motion was made that the staff recommendation be aclcept ed and that authorization be given the staff to dispose of the unclaimed property, establishing the estate appraisal as minimum bid and further authorizing the staff to retain Mr. Edward McFadden, as an advisor and auctioneer for the sale of the jewelry. COUNCILME1 I Motion X Ayes xxx Motion X Ayes xxx Motion Ayes x -x Noes X Motion I Ayes XXI Motion X Ayes XX) - ~ Motion ' Ayes xx: I *, - 0 IC : CITY OF CARLSBAD COUNCIlMEb ( -6- October 1 , 1974 I [30] 6. Agenda Bill #3207. Adoption of the 1973 Edition of the Uniform Building Code. The City Attorney informed the Council that Adoption of the 1973 Edition of the Uniform Buil, ing Code will require the setting of a Public Hearing. The title of the proposed Ordinance was read by the City Attorney and is as follows: ORDINANCE NO. 8066, amending title 18, Chapter 18.04 of the Carlsbad Municipal Code by the amendment of Sections 18.04.005 through 18.04.12E inclusive and by repealing Section 18.04.130 to adopt by reference the 1973 Edition of the Uni- form Building Code subject to certain changes, additions and amendments. Following the reading of the title, a motion was made that the Public Hearing for the Adoption of the 1973 Edition of the Uniform Building Code be set for Wednesday, November 6, 1974, at 7:30 P.M. in the Council Chambers. ~781 7. Agend,a Bill #3208.: Licensing of B,icycle [511 Transfer of Authority. A report was given by the City Manager regarding this matter and he stated the transfer of author ty would be from the Police Department to the Fire Department. The following Ordinance was introduced for a fir! reading by title only after further reading of the Ordinance was waived by unanimous consent of the Counci 1 : - ORDINANCE NO. 3100, amending Title 10, Chapter 10.56 of the Carlsbad Municipal Code by the amendment of Sections 10.56.060, 10.56.080, 10.56.090 and 10.56.100 to transfer the responsi bility for the licensing of Bicycles from the Police Department to the Fire Department. ~41 8. Agenda Bill #3209. Request for Coyote Control. (Permission to shoot Coyotes in vicini ty of Lakeshore Gardens Mobile Home Park by Mr.. Don Egermayer). The City ,Manager presented this matter to .the Council with his recommendations. A moti.on was made to accept the recommendation of the City Manager and that a request be made to the San Diego County Board of Supervisors to reinstitute the Predator Deprivation Program with the Federal Fish and Wildlife Service and that the request by Mr. Egermayer to use fire- arms for coyote control be denied. The City Manager was instructed to inform Mr. Egermayer of the Council's action. I C. ), C i si \ 230 - Motion Ayes - - t Mo ti on Ayes Motion Ayes Motion Ayes I X X X X xx X x; X xx XI 1 , I 1 1 '. 0 0 CITY OF CARLSBAD -7- October 1 , 1974 I 9- ORDINANCES FOR ADOPTION: I [84] (a) Agenda Bill #3196. Ordinance No. 1171 was offered for a second reading and adoption by title only and with the unanimous consent of the Council, further reading was waived; ORDINANCE NO. 1171, amending Chapter 3.28 of the Carlsbad Municipal Code by the amendment of I Sections 3.28.070, 3.28.100 and 3.28.110 to in- crease the minimum amount of purchases subject to public bidding requirements. [113] (b) Agenda Bill #3181- Supplement #l. Ordinance No. 9405 was offered for a second reading andl adoption by title only and with the unanimous; consent of the Council, further reading was waived: ORDINANCE NO. 9405, adopting a Specific Plan (SP-159) for 48 condominium units on 4.44 acres I in La Costa Vale Unit No. 2. (Vale Condominiums/ Harold O'Brien) 10- CONSENT CALENDAR: Councilman Chase requested Item B-1 be removed from the Consent Calendar. It was agreed by the Council that this request be granted. The following items were approved by one mot'ion affirming the actions on the Consent Calendar: A. Claim for Damages. c411 1. Agenda Bill #3210. The application .For leave to present a late claim by Sharon C.Micheli% was denied. c411 2. Agenda Bill #3211. The application .for leave to present a late claim by Colleen Nolan was denied. ITEM REMOVED FROM CONSENT CALENDAR: B. Final Map. E991 1. Agenda Bill #2187 - Supplement #l. Approving Final Map for Carlsbad Tract 73-45 I (Loma Laguna Unit #2), and adopting Resolution No. 3525, regarding acceptance of the portion of Lots 18 and 19 reserved for future street in Carlsbad Tract 71-5, Map No. 7292. A motion was made approving the Final Map for Carlsbad Tract 73-45 (Loma Laguna No. 2), subject to receipt of bonds, fees and agreement within 15 days. - RESOLUTION NO. 3525, accepting for public street purposes certain previously rejected easements required by Carlsbad Tract 73-45, was adopted by title only after further reading of the Resolu- tion was waived bv unanimous consent of the - Counci 1. I COUNCILME) ( Motion Ayes xxx Motion xxx Ayes X Motion Ayes Abstained xx Motion Ayes Abstained xx GI - 0 0 CITY OF CARLSBAD -8- October 1 , 1974 c [571 2. General Plan Priority Implementation., Councilman Skotnicki raised the question of a priority plan for implementation of the Land Use Element of the General Plan and he was informed by the City Manager that the staff had already been instructed to prepare a report on this matt 1 - 11- ADDITIONAL BUSINESS: I A. City Council. c781 1. Unlighted Bicycles. Councilman McComas discussed the matter of the number of unlighted bicycles at night and stated there is an increas ing number of people who ride bicycles. He stat ed he would like a procedure to be established for stopping bicycles which do not have lights and do not adhere to the law. The City P;lanager was requested to make note of this. - - ~481 3. Election recount reimbursement. Mayor Frazee reDorted he had received a letter from, I the Board' of Supervisors with regard to a reques from the City for reimbursement of recount monie to the losing candidate for Councilman, as a result of the June 4, 1974 Special Election. Coun was informed reimbursement has been made. 3 B. City Manager. I E701 1. Swimming Pool. The City Manager repolrte he has been in contact with Mr. Crawford, Super- 4 intendent of the Carlsbad Unified School Distirict with regard to the proposed swimming pool, inl- volving joint funding., He stated in his communi- cation he recommended a site other than the Mag- nolia School for consideration. It is a 2.68 acre site located at the corner of Chestnut and Monroe St. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for General Expenses of the City: City Operations in the amount of $66,554.62, Water Operations in the amount of $6,340.27, and Net Payroll in the amount of $64,298.76,.for atotal of$l.37..198.65 for the period September 9, 1974 thru September 22, 1974, as certified by the Director of Financ and approved by the Auditing Committee. Ratification was given the payment of the payrol in the amount of $98,204.71 for the period Sep- tember 9, 1974 thru September 22, 1974, as certi fied by the Director of Finance and approved by the Auditing Committee. I , E 1 - Chamber of Commerce. Mayor Frazee stated he had audited the bills for the Chamber of Commerce and found them to be true and correct to the best of his knownledge. He recommended bills in the amount of $3,167.37 be reimbursed the Chamber. 13- ADJOURNMENT: By proper motion, the meeting was adjourned at 10:35 P.M. Recording Secretary COUNCILMEJ I sr 9 h\ %* 232 7 il Motion xxx Ayes X Motion Ayes XXI Motion Ayes X xxr Motion XX) Ayes X