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Home My WebLink About1975-06-17; City Council; Minutes- m Q 1 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 17, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE was given. PRESENTATION OF CITY SEAL - John A. McKaig. [42] Mayor Frazee called Mr. John A. McKaig forward for the unveilling of the City Seal which Mr. McKaig created in tiles and presented to the City. Following the presentation, Mayor Frazee offered Resolution No. 3673 for adoption: RESOLUTION NO. 3673, COMMENDING MR. JOHN A. McKAIG, was read in full and adopted. I APPROVAL OF MINUTES: (Approved by one motion) Minutes of the regular meeting held June 3, 1975, were approved as corrected. Minutes of the adjourned regular meeting held June 10, 1975, were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of Bills for the General Expenses of the City: City Operation $177,883.93; Water Operations $2,7!31.21; Net Payroll Transfer $76,231.40 for a total of $256,906.25 for the period June 1, 1975 through June 15, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Pay-, roll in the amount of $142,201.14 for the period May 19, 1975 through June 1, 1975, as certified by the Director of Finance and approved by the Aud i ti ng Co:mmi ttee . E341 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 knowledge. He recommended reimburse- ment to the Chamber in the amount of $2,519.27. BY minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived. ORDINANCES FOR ADOPTION: I [881 1. AGENDA BILL #3383 - HEALTH FEES - ORDINANCE NO. 5045, AMENDING TITLE 6, CHAPTER 6.02 OF THE TION 6.02.010 WHICH INCORPORATES CERTAIN PORTION5 ANCES RELATING TO HEALTH AND SANITATION TO REVISE THE ANNUAL INSPECTION FEES FOR FOOD ESTABLISHYHENT:; was given a second reading by title only and adopted. CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SEC- OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDIN- COUNCILME -!ILL Presen Motion Ayes Motion Ayes Motion ; Ayes Motion Ayes Motion Ayes Motion Ayes Y Pro t'y c 2" t xxx XXI xxx XXI I xxx X xxx xxx CITY OF CARLSBAD COUNCILME -2- June 17, 1975 - e II) T [114] 2. AGENDA BILL #3381 - CONDITIONAL USE PERMITS. ORDINANCE NO. 9426, AMENDING CHAPTERS 21,26 AND 21 .28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEN MENT OF SECTIONS 21 .26.010 AND 21.28.010 AND THE ADDITION OF SECTIONS 21 26.01 5 AND 21.28.01 5 TO BY CONDITIONAL USE PERMIT IN CERTAIN LIMITED CIRCUMSTANCES, was given a second reading by title only and adopted. ALLOW RESIDENTIAL USES IN THE C-1 AND C-2 ZONES cy C1141 3. AGENDA BILL #3350 - GREENHOUSES. ORDINANCE I NO. 9427, AMENDING TITLE 21, CHAPTIZS 21.07m21.08 21 -10 AND 21 .42 TO REVISE THE REQUIREMENTS -FOR GREENHOUSES, was given a second reading by title only and adopted. L371 4. AGENDA BILL #3388 - PROCEDURES FOR PUBLIC HEARINGS - ORDINANCE NO. 9428, AMENDING TITLE 21 , CHAPTER 21.54 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21 .54.060 TO REVISE THE NOTICE FOR PUBLIC HEARINGS, was given a second reading by title only and adopted. PUBLIC HEARINGS: I C571 5. AGENDA BILL #3312 - PARKS AND RECREATION ELEMENT (Supplement #1) AND; (Supplement #1) - GENERAL PLAN AMENDMENT. AGENDA BILL #3367 - REVISED CIRCULATION ELEMENT The City Manager gave a staff report stating that changes have been made by the staff as re- commended by the Council at the last regular meeting and the documents have been prepared. A question and answer period ensued after which the Mayor announced the Council would like to hear from anyone who wished to speak on the pro- posed Parks and Recreation"E1ement or the Revise Circulation Element of the.Genera1 Plan. No one wished to be heard and the Mayor declared the Public Hearing closed at 7:35 P.M. I Further discussion was held and a motion was made that Item #36 on Page 17 of the Parks and Recreation Element be deleted and that the ex- hibits be adjusted accordingly. Also, it was moved that Policy 'IF" on Page 20 of the Parks and Recreation Element be amended to read: "Where development occurs wh-ich adds to local recreation needs, the majority, if not all of the cost of the added facilities, should be borne by the developments in that affected area. I I Further, it was moved that Item "U" on Page 24 under Section V - Action Program-of the Parks and Recreation Element, be deleted. The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: Motion Ayes xxx Motion Ayes xxx Motion Ayes X Noes xx I - 0 0 I I I ~ i CITY OF CARLSBAD COUNCILME -3- June 17, 1975 ~~ ~ ~ ~ ~~~~~~ ~~ RESOLUTION NO. 3664, AMENDING THE GENERAL PLAN BY THE ADOPTION OF A REVISED CIRCULATION ELEMENT AND A REVISED PARK AND RECREATION E:LEMENT OF THE GENERAL PLAN'OF THE CITY OF CARLSBAD, subject to the corrections to the exhibits anti the incorpor, tion of the motions made by the Council. C991 6. AGENDA BILL #3391 - TENTATIVE MAP APPROVAL - DALE ELKINS. A staff report was given by the Planning Direct0 An inquiry from the Council was made in connec- tion with Item "HI' on Page 3 of the staff report relative to interior circulation and parking problems and the Planning Director answered the inquiry. MR. HARRY TRUAX, a representative from E. Brian Smith Engineering, 2656 State St., Carlsbad, indicated he would be available for any question the Council may have concerning the development. Sir;:ce no one else wished to be heard, the Mayor declared the Public Hearing closed at 8:19 P.M. A motion was made that the City Attorney be dir- ected to prepare the documents necessary for approval of CT 75-3 as per the conditions out- lined in Planning Commission Resolution No. 1156 RECESS: A recess was called by Mayor Frazee at 8:20 P.M.. and the Council reconvened at 8:34 P.M with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Dl31 7. AGENDA BILL #3349 - Sup.pl.ement #I 7 PLANNI:NG COMMISSION ,REPORT BACK - APPEAL OFmNING COM- MISSION DENIAL - WILLIAM CANNING. (ZC-153) The Planning Director stated the Planning Com- mission, at their meeting held May 27, 1975, was satisfied that the Public Facilities had bee1 met or could be met and concurred with the Coun- cil's action to approve the requested zone chang A motion was made that the City Attorney be dir- ected to prepare the documents necessary for approval of Zone Change 153 to. Planned Communit (P-C).Zone, for the reasons outlined in the Plan ning Commission staff report. [I131 8. AGENDA BILL #3380 - SPECIFIC PLAN - RACA DEVELOPMENT COMPANY - Supplement #l. - Mayor Frazee stated this matter is being return- ed to the Council for documents and announced that a petition had been received by the Council signed by 95 residents in opposition to the pro- posed development. He requested the City Clerk read the statement of the petition. Lengthy discussion was held by the Council and it was the concensus of the Council that dis- cussion and consideration of the reason as state in the petition opposing the development, had been given at the Public Hearing, as well as v a. r s n E 3 C or0 I23 \j 73 Motion Ayes xxx - Motion XXI Ayes 1 Motion xxx Ayes X - e I 0 Ir CITY OF CARLSBAD -4- June 17, 1975 other aspects of the proposed development and the following Ordinance was introduced and given a first reading by title only: ORDINANCE NO. 9429, ADOPTING A SPECIFIC PLAN (SP-168) TO ALLOW DEVELOPMENT OF 156 DWELLING UNITS ON AN 8-ACRE PIECE OF LAND LOCATED ON THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON. [99] 9. AGENDA BILL #3101 - TENTATIVE MAP TIME EX- - TENSION - KAMAR CONSTRUCTION COMPANY. (CT 74-6). I This matter was heard and considered at the regu lar meeting held June 3, 1975 and the :document approving the Tentative Map Extension for CT 74-6 was ordered. 1 RESOLUTION NO. 3665, APPROVING WITH CONDITIONS AN EXTENSION OF TENTATIVE MAP (CT 74-6) FOR A 10-LOT SINGLE-FAMILY SUBDIVISION LOCATED ON PARK DRIVE BETWEEN ADAMS STREET AND HILLSIDE DRIVE, was adopted by title only and-with the unanimous consent of the Council,-further reading was waived. The Tentative Map extention was granted for a period of one-year to expire June 6, 1976. "a' 1 PUBLIC WORKS DEPARTMENT. [26] 10. AGENDA BILL #3369 - PROPOSED COLLEGE/CANNON IMPROVEMENT DISTRICT. Following a report given by the City Manager, a motion was made that the staff recommendation be approved and that the C.ity Manager be author- ized to solicit proposals from Envinonmental Consultants who will assist the City in the pre- paration of an Environmental Impact Report, with the understanding that the City will not commit itself to the payment of such a re:port by this action and further, that at such time as all proposals have been reviewed, the staff will submit its recommendation to the City Council for action. [97] 11. AGENDA BILL #3382 - STREET RESURFACING POLICY. I The Public Works Director gave a staff report and read the changes made to the policy statemen.. which were recommended by the Coun'cil at the last Council meeting. Following discussion, a motion was made that Council Policy Statement #21 regar,ding the street overlay program, be adopted. [99] 12. AGENDA BILL #2256 - FINAL MAP APPROVAL - CHARLES KUDERNA. Brief discussion was held and it was moved that the Final Map for CT 73-52 be approved. COUNCILME Motion Ayes xxx a. ..., \ M o t i o h;;,. :.. Ayes XXI Motion xxx Ayes X Motion Ayes I X X X - a 0 CITY OF CARLSBAD -5- June 17, 1975 c r921 ~31 [921 13. AGENDA BILL #3392 - MUNICIPAL VASTE TREAT- MENT GRANTS. A lengthy staff report was given by the Director of Public Works with questions posed by the Coun cil regarding this matter. The Public Works Director stated the Enviornmental Protection Agency will hold a Public Hearing on this matter on June 19, 1975 in San Francisco and the County will be sending a representative to the Pub1i:c Hearing. Comments were made by the City Manager and after further discussion, a motion was made that the staff be authorized to submit in writin to the Environmental Protection Agency, the Council's: position as outlined in the Public Work Director's memorandum dated June 11, 1975. CITY MANAGER REPORTS: 14. AGENDA BILL #3386 - EMERGENCY MEDICAL TRANS PORTATION. The mactter of Emergency Medical Transportation was discussed at length following a report given by the City Manager. - g S 1 By motion, it was recommended that the Council accept all of the recommendations llisted by the City Manager, Items 1 thru 4. An amendment to the motion was offered that Item #4, having to do with the service of a collec- tion agency, be deleted. The Mayor announced the amendment to the motion failed for lack of a majority. 15. AGENDA BILL #3393 - ENCINA WATER POLLUTION FACILITY ODOR PROBLEM. The City Clerk stated a petition s'igned by 207 residents concerning the odor problem at the Encina Water Pollution Facility had been received The matter having been discussed at length at the last Council Meeting, a brief report was given by the Public Works Director on the current status of the problem. Mr. George Dickson, 6444 Camino del Parque, Carlsbad, stated he had presented the petition to the City Manager and on behalf of the resi- dents would like further enlightenment on the problems which have created the odor and when the problem can be resolved. The Director of Public Works reported on the complexities of the problem and stated that very definite steps are being taken toward an expedi- tious resolution of the problem. CQUNCILME Motion Ayes xxx Motion x Ayes XXI Motion Ayes Noes xxx - I) 0 I CITY OF CARLSBAD COUNCILME -6- June 17, 1975 I26 [86] 16. AGENDA BILL #3394 - OVERNIGHT CAMPING - CARLSBAD RACEWAY - POWDERPUFFS UNLIMITED. A report was given by the City Mana!ger and a motion was made that the Council authorize over- July 4, 1975. and Racers (PURR) for the nights of July 3 and Ayes night camping for Powderpuffs Unlimited, Ri'ders Motion EXECUTIVE SESSION: Mayor Frazee called for an Executive Session at 1O:Ol P.M. for the purpose of discussing Personne specifically appointments to boards, committees and commissions and meeting with the City's negotiators regarding wage and salary negotiatio The Council reconvened at 10:51 P.M., with.,all Council members present and the Mayor announced the purpose of the Executive Session was to meet with the City's negotiators and discuss the sal- ary and wage negotiations and also to consider personnel, specifically appointments to boards, commiGsions and committees. 7 rs. [741 17. AGENDA BILL #3395 - EMPLOYER -. EMPLOYEES RELATIONS PROCEDURE. I Mr. Jerry Pieti, Assistant to the City Manager, re- ported on this matter and comments on this sub- ject were made by the City Attorney and the City Manager. Lengthy discussion ensued and several questions were asked of the staff with regard to certain sections of the Ordinance. Ordinance No. 1181 was introduced for a first reading by title only. ORDINANCE NO. 1181, AMENDING TITLE '2 OF THE Motion CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Ayes CHAPTER 2.48 TO ADOPT AN EMPLOYER-EIMPLOYEE RE- LATIONS SYSTEM IN ACCORDANCE WITH THE MEY'ERS- MILIAS-BROWN ACT OF THE STATE OF CALIFORNIA. The Mayor announced that the Resolution adopting rules and regulations would not be adopted until such time as the Ordinance has been given a second reading and adopted, per sta.ff recommenda- tion C741 18. AGENDA BILL #3396 - AMENDMENT TO PERSONNEL ORDINANCE AND RULES TO ADOPT REVISED CLASSIFIED EMPLOYEE GRIEVANCE PROCEDURES. C741 18. AGENDA BILL #3396 - AMENDMENT TO PERSONNEL ORDINANCE AND RULES TO ADOPT REVISED CLASSIFIED EMPLOYEE GRIEVANCE PROCEDURES. Following a report given by Jerry F'ieti, Ascis- tant to the City Manager and discussion by the Council, Resolution No. 3667 was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: RESOLUTION NO. 3667, AMENDING THE PERSONNEL RULES Motion AND REGULATIONS OF SAID CITY BY THE AMENDMENT Ayes CEDURE FOR CLASSIFIED EMPLOYEES OF THE CITY OF CARLSBAD. OF RULE XI1 TO ADOPT A REVISED GRIEVANCE PRO- xxx xxx xxx CITY OF CARLSBAD June 17, 1975 -7- - 0 0 I J Item #18 - continued Ordinance No. 7182 was introduced for a first reading by title only: ORDINANCE NO. 1182, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- MENT OF SECTION 2.44.040 TO CLARIFY THE PROVISI- SION IN THE PERSONNEL RULES AND REGULATIONS OF A GRIEVANCE PROCEDURE. [74] 19. AGENDA BILL #3397 - RULES OF APPEAL TO PERSONNEL BOARD. I The City Manager reported on this matter and brief discussion was held by the Council. Resolu- tion No. 3668 was adopted by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3668, AMENDING THE PERSONNEL RULE5 AND REGULATIONS OF SAID CITY BY THE: ADDITION OF THE PERSONNEL BOARD. RULE XVI TO PROVIDE FOR THE RULES OF APPEAL TO CITY ATTORNEY REPORTS. I [41] 20. AGENDA BILL #3400 - CLAIM AGAINST THE CITY JACK JOHN SMITH. 1 The following Resolution was adopted by title only and with the unanimous consent: of the Coun- cil, further reading was waived: RESOLUTION NO. 3671, DENYING A CLAIM AGAINST THE CITY. The City Attorney apprised the Council on recent court rulings on contributory negligence. ~ I 1[41] 21. AGENDA BILL #3401 - CLAIM AGAINST THE CITY- I ROMONA LEE COPLEY. I The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: I ~ RESOLUTION NO. 3672, DENYING A CLAIM AGAINST THE CITY. I I I COUNCIL REPORTS AND ADDITIONAL BUS1:NESS: I [74] 22. AGENDA BILL #3398 APPOINTMENT TO PERSONNEL BOARD. I With the unanimous consent of the Council, this matter was continued to the next regular meeting I ~ [28] 23. AGENDA BILL #3399 - APPOINTMENT TO COMMITTEE ON SENIOR CITIZEN'S AFFAIRS. I Mayor Frazee announced the reappointment of L. J. Huking, Manuel Castorena and Martha Ganoe to three year terms on the Committee on Senior Citizen's Affairs. Terms to expire June 30, 1978. CBUNCILMEI I ,2, tfl SG b) Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx CITY OF CARLSBAD -8- June 17, 1975 - 0 I) I Item #23 - continued RESOLUTION NO. 3670, APPOINTING THREE MEMBERS TO THE CITY OF CARLSBAD COMMITTEE ON SENIOR CITIZENS AFFAIRS, was adopted and with the unanimous con- sent of the Council, further reading was waived. COUNCIL REPORTS AND ADDITIONAL BUSINESS: I Reports were given by Council members as follows: Councilman Skotnicki - Mass Transit meeting. Councilman Lewis - Parks and Recreation Commissio Mayor Frazee - CPO discussion of weighted vote formula, North County Transit Plan which he poin ed out should be checked by the staff regarding route changes, and also a.report on SB325 funds, regarding allocation of funds. 4 [37] Councilman Chase stated at the last meeting he had made a motion that the workshop meetings be held on alternate Tuesdays from 7:OO P.M. to 9:OO P.M. He requested the time be changed so that meetings will be held from 7:OO P.M. to 1O:OO P.M. It was agreed by the Council that workshop sessions be held from 7:OO P.M. to 1O:OO P.M. Also Councilman Chase requested the matter of No. County Transit District be placed on the workshop agenda for the purpose of dis- cussing the possibility of running out of funds in the next two or three years. CITY MANAGER ADDITIONAL BUSINESS: [74] The City Manager informed the Council he had received a communication from the Police Officer Association addressed to himself and the Council requesting a Resolution be presented to the City Council stating the Council's intention to make any.subsequent CPOA Memorandum of Under- standing retroactive to July 1, 1975 regardless of the date formal negotiations are finalized. The City Manager stated his recommendation is that the date formal negotiations are finalized is the date they should become effective and he recommended that the Council take no action at this time in connection with this request. ! Following brief discussion, a motion was made that the Council not take part in any retroactiv payments for agreements with the various associ- ations. 1 [87] Also, th-e City Manager stated he hald received a letter from Mr. Bill Dominguez, Exelcutive Assis- tant to Supervisor of the 5th District, Lee Taylo regarding the County's Solid Waste Management Study. They are asking if the City of Carlsbad would be willing to furnish an elective repre- sentative and an alternate. Following discussiol by the Council, it was agreed that Councilman Chase attend the first meeting on J'une 27, 1975 and that he or,.Counciqman Skotnicki arrange to attend subsequent meetings. I I r COUNCILME1 ( - I I , s I I Motion i Ayes , xxx CITY OF CARLSBAD COUNCILME1 ( vg -9- ~~ flu June 17, 1975 129 City Flanag:er Additional Business (cont.) C701 The City Manager also reported that the City has received a proposal from the representatives of St. Patrick's for the possible city purchase of the Church property. Discussion ensued regard- ing this matter and the City Manager stated he would provide further information for the Coun- cil at the adjourned regular meeting. e E701 A report was given by the City Manager regarding the progress in negotiations on the possible purchase of property at the corner of Chestnut [811 Avenue and Monroe Street for the Swimming Pool, [5ll and on the property proposed for Fire Station #3. ADJOURNMENT: By proper motion, the meeting was adjourned at Motion 12:OO midnight to Tuesday, June 24, 1975 at Ayes xxx 7:OO P.M. in the City Council Chambers. Respectfully submitted, Recording Secretary rn