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Home My WebLink About1975-07-01; City Council; Minutes- I) B, 1 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 1, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGINANCE was given. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the regular meeting held June 17,1975, were approved as presented. Minutes of the adjourned regular meeting held June 24, 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 Operatinns $320,563.03; Water Operations $161,087.45; Invest ments $900,000; Net Payroll $74,469.89 for a total of $1,456,120.37 for the period June 16, 1975 thru June 30, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll in the amount of $114,246.68 for the period June 2, 1975 thru June 15, 1975, as certified by the Director of Finance and approved by the Auditing Committee. 1341 - Chamber of Commerce. Mayor Frazee stated he had audited the bills for the Chamber of Commerce I and found them to be true and correct to the beSlt of his knowledge. He recommended reimburse- ment to the Chamber in the amount of $5,617.31. CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consenlt Calendar: C991 1. AGENDA BILL #2144 - FINAL MAP -I PONDEROSA HOMES. - Supplement #4. Approval was given the Final Map for Carlsbad Tract 73-18, Unit #1, located east of El Camino Real on Olivenheim Rd. C451 2. AGENDA BILL #3316 - CHANGE 0RDE:R - CITY [631 LIBRARY TECHNICAL PROCESSING AREA -. Supplement #l. Change Order #1, Contract No. 1023, on the construction of the City Library Technical Processing Area, was approved.and the City En- gineer was di,rected to execute the contract Change Order. E991 3. AGENDA BILL #3391_ - TENTATIVE MAP - DALE ~ ELKINS - Supplement #l. Resolution No. 3674, , approving with conditions Tentative Map for I ~ Carlsbad-Tract 75-3, a one lot parcel on propert I generally located on the northwest corner of Gibraltar St. and Jerez Court, was adopted. 1 I [411 4. AGENDA BILL #3402 - CLAIM AGAINST THE CITY - HARRYBONGIOR-N~I. Resolution No. 3675, denying I a claim agail nst the City, was adopted. -1 I COUNCILME1 1 Motion Ayes xxx - Motion xxx Ayes X Motion xxx Ayes X Motion Ayes xxx - e B I CITY OF CARLSBAD -2- July 1, 1975 By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived. ORDINANCES FOR ADOPTION: [113] 5. AGENDA BILL # 3380 - SPECIFIC PLAN APPROVAL RACA DEVELOPMENT COMPANY - Supplement #l. ORDINANCE NO. 9429, ADOPTING A SPECIFIC PLAN (SP-168) TO ALLOW DEVELOPMENT OF 156 I DWELLING UNITS ON AN 8-ACRE PIECE OF LAND LOCATED ON THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, was given a second reading by title only and adopted. [74] 6. AGENDA BILL #3395 - EMPLOYER - EMPLOYEE RE- LATIONS PROCEDURE. ORDINANCE NO. 1181, AMEND- ING TITLE 2 OF THE CARLSBAD MUNICIPALCODE BY THE ADDITION OF CHAPTER 2.48 TO ADOPT AN EMPLOYE EMPLOYEE RELATIONS SYSTEM IN ACCORD'ANCE WITH THE MEYERS-MILIAS-BROWN ACT OF THE STATE OF CALI- FORNIA, was given a second reading by title only and adopted. F Also considered after the adoption of Ordinance No. 1181 was the following Resolution which was adopted by title only and with the unanimous consent of the Council, further reading was waived: [74] RESOLUTION NO. 3666, ADOPTING RULES, AND REGULA- TIONS FOR EMPLOYER-EMPLOYEE RELATIONS PURSUANT TO CHAPTER 2.48 OF THE CARLSBAD MUNICIPAL CODE. [74] 7. AGENDA BILL #3396 - PERSONNEL RULES AND REGULATIONS - GRIEVANCE PROCEDURE. ORDINANCE NO. 1182, AMENDING TITLE 2, CHAPTER 2.44 OF THE TION 2.44.040 TO CLARIFY THE PROVISION IN THE PERSONNEL RULES AND REGULATIONS OF A GRIEVANCE PROCEDURE, was given a second reading and adoptec CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SEC- PUBLIC HEARINGS: I [99] 8. AGENDA BILL #3376 - TENTATIVE MAP - LARWIN, SAN DIEGO, INC. - Supplement #2. I The City Manager reported on this matter and stated the matter should be continued as the Planning Commission is still in the process of reviewing the possible chdnge in the alignment of Elm Avenue. The Public Hearing for the City Council has been readvertised for the July 15, 1975 meeting. The City Manager stated he felt the Planning Commisison was seeking direction from the Council as to whether the Council's intention was for the Planning Commission to review only the portion of the Specific Plan that involves the alignment of Elm Avenue or whether the Council has any objection to the Planning Commission reviewing the complete Specific Plan since there appears to be an in- terest on the part of the Planning Commissioners to review the Specific Plan in its entirity. He further stated that under the Planned .Communi ty Ordinance the Specific Plan is the discretion ary act, not the Tentative Map. CWNCllMEl ( Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx I ~ i i ~ CITY OF CARLSBAD COUNCILME1 ( - I) B 1 -3- July 1 , 1975 ~ ~~~~~ Agenda Bill #3376 (cont.) Lengthy discussion ensued and a motion was made that the matter be referred back to the Planning Commission and that the Planning Commission be instructed to reconsider the Larwin Specific Plat without discretion as to the alignment of Elm Avenue. Further, it was moved that consideration of the Tentative Map be continued to the regular meet- ing to be held July 15, 1975. [641 9. AGENDA BILL #3354 - LIGHTING MAINTENANCE DISTRICTS. Supplement #z. The Public Works Administrator reported on this ma.tter, requesting the hearing on the Lighting Districts be rescheduled since the notices re- quired for the hearing date were not complete. The following Resolutions were adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: RESOLUTION NO. 3677, RESCINDING RESOLUTION NO. CIL TO ESTABLISH LIGHTING MAINTENANCE DISTRICTS IN THE CITY OF CARLSBAD AND SET A TIME AND PLACE FOR HEARING PROTESTS THERETO, DUE TO INCOMPLETE NOTICING OF SUCH HEARING. - RESOLUTION NO. 3678, DECLARING THE INTENTION OF SAID COUNCIL TO ESTABLISH LIGHTING MAINTENANCE DISTRICTS IN THE CITY OF CARLSBAD TO PROVIDE FOR THE MAINTENANCE AND 0PERAT.ION OF STREET LIGHTING SYSTEMS IN SAID CITY FOR A, PERIOD OF MONTHS BEGINNING JULY 1, 1975 AND ENDING JUNE ING PROTESTS THERETO. The Public Hearing was set for 7:OO P.M., Tues- day, August 5, 1975. 3657, WHICH DECLARED THE INTENTION OF SAID COUN- 30, 1977, AND SETTING A TIME AND PLACE FOR HEAR- [57] 10. AGENDA BILL #3403 - SAFETY ELEMENT - GENERAL PLAN. A lengthy staff report was given by the Planning Director and comments were made by the City Manager. No one wished to be heard and the Mlayor declared the Public Hearing closed at 8:35 P.M. Lengthy discussion ensued by the Coluncil and a motion was made that the Safety Element of the General Plan be continued to a workshop session, the date to be determined at a later time. The Mayor announced the matter of t.he Safety Element of the General Plan will be readvertised and the Public Hearing re-opened at: a later time ~ - Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes X - 0 B CITY OF CARLSBAD -4- July 1, 1975 c [113] 11. AGENDA BILL #3404 - REZONING OF SCHOOL AND - PARK SITES TO OPEN SPACE (0-S) ZONING. The Planning Director gave a lengthy staff repor on rezoning of school and park sites to open space zoning. 1 The Council heard from Mr. Win Priday, Manager of Carlsbad Municipal Water District (CMWD) who pointed out that Squires Dam is cited for 0-S zoning and is referred to in the text as 0-S zoning, with no reference being made to recrea- tional facilities; however, according to the Planning Director, 0-S Zoning can only be used for recreational purposes. Mr. Priday reiterate his statement of the meeting of June 3, 1975 in connection with the adoption of the Parks and Recreation Element of the General Plan that Squires Dam cannot be used for recreational purposes. He stated he understood that 0-S Zon- ing was a zone for open space for rec'reational purposes and also visual aesthetics and that the the visual aesthetic was the intent for Squires Dam but a clarification to avoid misinterpreta- tion, must be made. C No one else wished to be heard and the Public Hearing was closed at 9:00 P.M. I The Council reviewed each of the ?terns co,nta,ined, in Planning Comrn5ssion Resolution No. 1152. A motion was made that Item #12 concerning the Greenwood Property be deleted. Discussion regard ing Squires Dam ensued and it was moved that itel #18 regarding Squires Dam be deleted from 0-S Zoning and that the staff determine some other zoning for that property. In concluding discussion of all of the items con tained in Planning Commission Resolution No. 115; a motion was made that the City Attorney be dir- ected to prepare the documents necessary for approval of Zone Chan es 155 and 156, excluding Items #12 and #18 of j lanning Commission Resolu- tion No. 1152. Mayor Frazee relinquished the Chair and turned the meeting over to the Vice-Mayor prior to dis- cussion of Planning Commission Resolution No. 1162, which included portions of San Diego Gas and Electric property. The Mayor further stated he would be abstaining from any vote on this portion of the public hearing. I ?, The Planning Director stated that two public hear ings were held in connection with Resolution No. 1162 of the Planning Commission and San Diego Gas and Electric Company voiced their objection to its property being zoned 0-S. A motion was made that the City Attorney be dir- ected to prepare the document necessary for approval of Zone Changes 155 and 156 of Planning Commission No. 1162, deleting item #4 which con- cerns San Diego Gas and Electric lands and that item #4 be referred back to the Planning Commis- sion for further study and report. ~ CWNClLMEl 1-36 ~~ ( 'V 5 m F Motion Noes x xx Ayes X Motion Ayes xx x 9 I - Motion Ayes X Abstained xx ~ - e B .c CITY OF CARLSBAD -5- July 1 , 1975 - Agenda Bill #3404 (cont.) I The Chair was returned to Mayor Frazee who announced since it was the staff recommendation that the Cauncil not consider the San Diego Gas and Electric land holdings at this time, that portion of the Public Hearing will be reschedule following a report from the Planning Commission. 4 CARLSBAD HOUSING AUTHORITY: 1 [lo51 The Council adjourned to the Housing Authority at 7:lO P.M. and reconvened at 7:35 P.M., with all Council members present. RECESS: Following the Public Hearings, the Mayor called for a recess at 9:30 P.M. and the Council re- convened at 9:50 P.M., with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORT.' - Planning Department. [113] 12. AGENDA BILL #3349 - PREANNEXATION CHANGE OF ZONE - WILLIAM CANNING. Supplement #2. I The necessary documents for approval of !?re- annexation Zone Change 153 were prepared for Council action as directed by the City Council following their consideration of this matter at the regular meeting held June 17, 1975. The following Resolution was adopted by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3676, ANNOUNCING FINDINGS AND DECISION ON A PREANN.EXATION CHANGE OF ZONE (ZC-153) FROM SAN DIEGO COUNTY E-1 -A TO P-C (PLANNED COM- MUNITY) ZONE ON A 13.9 ACRE SITE LOCATED ON THE EAST SIDE OF EL CAMINO REAL APPROXIMATELY 2,500 FEET NORTH OF ALGA ROAD. Ordinance No. 9430 was introduced for a first reading by title only: - ORDINANCE NO. 9430, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PREANNEXATION CHANGE OF ZONE FROM S.AN DIEGO COUNTY E-1 -A TO P-C (Planned Community ZONE ON A 13.9 ACRE SITE LOCATED ON THE EAST SID OF EL CAMINO REAL APPROXIMATELY 2,500 FEET NORTH OF ALGA ROAD. f [99] 13. AGENDA BILL if3329 - TENTATIVE MAP -S.L.& B. SERVICE CORPORATION - Supplement #2. - The City Manager gave a staff report and stated the staff is recommending that this matter be continued to the meeting of July 15, 1975 when it is expected the alignment of Elm Avenue will be resolved. A motion was made that the tentative map for i S.L. & B. be continued to the meeting of July 15th I COUNCILMI i , I Motion Ayes xx Motion ' Ayes xx Mo ti on . Ayes xx El I f I X X 1; 7 e B L CITY OF CARLSBAD - -6- July 1, 1975 ~~ Pub1 ic Works. I [991 14. AGENDA BILL #2144 - TENTATIVE MAP EXTENSION UNITS 2 THRU 5. - PONDEROSA HOMES. (CT 73-18) The following Resolution was adopted by'title only and with the unanimous consent of the Coun- cil, further reading was wafved: RESOLUTION NO. 3679, APPROVING WITH CONDITIONS TIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED TENTATIVE MAP (CT 73-18) FOR A 420-UNIT RESIDEN- NORTHERLY OF AND ADJACENT TO OLIVENHAIN ROAD- 1931 15. AGENDA BILL #3405 - AGREEMENT FOR SEWER AND [1101 WATER CONNECTION - CWRLSBAD STATE BEACH. C451 A report was given by the Public Works Adminis- trator and the following Resolution was adopted by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3680, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND THE STATE OF CALI FORNIA, DEPARTMENT OF GENERAL SERVICES (OFFICE SEWER AND WATER SERVICE FOR CARLSBAD STATE BEACH MENT. OF ARCHITECTURE AND CONSTRUCTION) TO PROVIDE FOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- 1 E451 16. AGENDA BILL #3406 - PROPERTY OWNER IMPROVE- [851 - MENT AGREEMENTS. I Following a report by the Public Works Administr tor and comments by the City Manager, Resolution No. 3681 was adopted by title only and with the unanimous consent of the Council, further read- ing was waived: 1 RESOLUTION NO. 3681, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JUDSON T. NAINAN I FOR PROPERTY OWNER IMPROVEMENT AGREEMENT STUDY MENT. City Manager Reports. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- C371 17. .AGENDA BILL #3223 - CHARTER CITY COMMITTEE. - Supplement #3.' The City Manager reported that a letter had been received from "Community Cause" requesting the formation of a committee to study the matter of a Charter City. Councilwoman Casler stated the.League of Woman Voters' has undertaken the study of a Charter City for the City of Carlsbad as their project for this year and the matter is being studied by them at this time. It is expected that the study will take approximately one year to com- plete at which time the League of Nomen Voters' will make recommendations to the City. COUNCfLMEI I Motion Ayes xxx - ~ ~ Motion xxx Ayes XI I ~ I - 0 B I CITY OF CARLSBAD Julv 1, 1975 -7- - Agenda Bill #3223 (cont.) Discussion ensued by the Council and it was the concensus of the Council that the Mayor write a letter to "Community Cause" informing them of the study being done by the League of Women Voters' on Charter City. [Sol 18. AGENDA BILL #3360. - SPECIFICATIONS FOR MINI- COMPUTER SYSTEM. Brief discussion was held and the following Resolution was adopted .by title' only. With the unanimous' consent of the Council, 'further read- ing was waived: RESOLUTION NO. 3682, APPROVING SPECIFICATIONS AND AUTHORIZING THE PURCHASING AGENT OF THE CITY TO INVITE BIDS FOR MINICOMPUTER SYSTEM. [231 19. AGENDA BILL # 3386. EMERGENCY MEDICAL TRANS PORTATION. Following a report by the City Manager and dis- cussion by the Council, Ordinance No. 1183 was introduced for a first reading by title only: ORDINANCE NO. 1183, AMENDING TITLE 6 OF THE CARLSBAD MUNICIPAL CODE BY THE ADOPTION OF CHAP- TER 6.06 TO PROVIDE FOR EMERGENCY MEDICAL TRANS- PORTATION SERVICE IN THE CITY OF CARLSBAD. 20. AGENDA BILL #3407. - PRIVATE POLICE RATROL [781 AND REGULATIONS. Following a report by the City Manager and dis- cussion by the Council, Ordinance No. 3102 and Ordinance No. 3103, were introduced for a first reading by title only: ORDINANCE NO. 3102, AMENDING TITLE 5, CHAPTER 5.08 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND QUIREMENT OF CITY COUNCIL APPROVAL FOR PRIVATE PATROL LICENSES. ORDINANCE NO. 3103, AMENDING TITLE 8 OF THE CARL BAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.40 TO REGULATE PRIVATE POLICE PATROLS. MENT OF SECTION 5.08.180 TO ELIMINATE THE RE- E281 21. AGENDA BILL #3408 - ESTABLISHING MAYOR'S YOUTH COMMITTEE. A report was given by the Mayor and the follow- ing Resolution was adopted by title only. With the unanimous consent of the Council, further reading of the Resolution was waived: RESOLUTION NO. 3683, CREATING AND ESTABLISHING THE MAYOR'S YOUTH COMMITTEE. c241 LICENSE FEES. 22. AGENDA BILL #3409 - ANIMAL CONTROL - DOG , A report was given by the City Manager and the following Resolution was adopted by title only. With the unanimous consent of the Council, fur-. ther reading of the Resolution was waived: - - - C c COUNCILME1 ( dq k\ NO )a I39 Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes X -Motion Ayes xxx Motion xxx Ayes X - 0 B I CITY OF CARLSBAD COUNCIU -8- July 1, 1975 RESOLUTION NO. 3684, SETTING DOG LICENSE FEES AND ANIMAL REGULATION SERVICE FEES. E291 23. AGENDA BILL #3410 - PRELIMINARY OPERATING BUDGET - FISCAL YEAR 1'975-76. A brief report was given by the City Manager re- garding the Preliminary Operating Budget and the following Resolution was adopted by title only. With unanimous consent of the Council, further reading of the Resolution was waived: RESOLUTION NO. 3685. ADOPTING THE PRELIMINARY ESTABLISHING CONTROLS ON APPROPRIATIONS FOR NEW EMPLOYEES AND CAPITAL OUTLAY ITEMS, EXCEPT LIBRARY BOOKS. OPERATING BUDGET FOR FISCAL YEAR 1975-76 AND Following discussion of the availability of the Preliminary Operating Budget for public review, the City Manager stated the news media will be apprised that copies will be available in the City Hall and the City Library so that they can inform the public. Further, it was agreed by the Council that in-put from the public reg.ard- ing the budget would be appreciated! and consider ed. [291 24. AGENDA BILL #3411 - INTERIM SAL.ARY PLAN - FISCAL YEAR 1975-76. Discussion was held and the following Resolution was adopted by title only and with the unanimous consent of the Council , further rea.di.ng was waived: RESOLUTION NO. 3686. ADOPTING AN INTERIM SALARY PLAN FOR THE CITY FOR THE 1975-76 FISCAL YEAR. C861 25. AGENDA BILL #3412 - BUDGET APPROPRIATION REQUEST - T.U.R.N. (Toward Utility Rate Normaliza tion). A report was given by the City Manager and a motion was made that the letter be acknowledged and the request be filed. [''I - CHURCH PROPERTY PURCHASE. 26. AGENDA BILL #3413 - ST. PATRICK'S CATHOLIC Following a report by the City Manager and brief discussion by the Council, Resolution No. 3687 was adopted by title only, as corrected, and with the unanimous consent of the Counclil, further reading was waived: RESOLUTION NO. 3687, AUTHORIZING THE CITY MANAGE TO EXECUTE AN OPTION .TO PURCHASE THE ST. PATRICK" I CATHOLIC CHURCH PROPERTY AND APPROVING THE EX- PENDITURE OF $5,000 FOR SAID OPTION, subject to lines 3 and 19 being changed to read that the Mayor be authorized to execute the option. Council Reports and Additional Bus-iness: I Council reports were given and no action was taken. I Mot i,on Ayes xx - Motion Ayes xx Motion S Ayes I xx ~ I ~ ~ IEl I 1 X X X X X X - I) I) v CITY OF CARLSBAD -9- July 1, 1975 EXECUTIVE SESSION: I Mayor Frazee called an Executive Session at 11:07 P.M. for the purpose of discussing Person- nel .- appointments to Boards and Committees and also meeting with the City's salary negotiators to discuss salary negotiations. The Council re- convened at 12:05 A.M. , with all Council members present, and the Mayor announced the Executive Session was for the 'purpose of discussing Personnel - appointments to Board and Committees and to discuss salary negotiations with the City salary negotiators. He further announced that the following action was taken: 27. AGENDA BILL #3398 - APPOINTMENTS TO PER- [281 SONNEL BOARD. Mayor Frazee announced that the following person: were appointed to the Personnel Boalrd: Jack Osuna Gerald C:. McClellan Jerry Rombotis Margaret; Bonas George Long and that the length of terms would be determined by those persons drawing lots, as indicated in the following Resolution which was adopted by title only and with the unanimous consent of the Council , further reading was waived: RESOLUTION NO. 3669, APPOINTING MEMBERS TO THE PERSONNEL BOARD. 28. AGENDA BILL #3414 - APPOINTMENTS TO MAYOR'S [281 YOUTH COMMITTEE. I Mayor Frazee announced the appointment of Chuck Graft as Chairman of the Mayor's Youth Committee and the following Resolution was adopted. With the unanimous consent of the Council, further reading of the Resolution was waived: RESOLUTION NO. 3688, APPOINTING MEMBERS TO THE MAYOR'S YOUTH COMMITTEE. C631 29. AGENDA BILL #3415 - APPOINTMENTS TO LIBRARY BOARD OF TRUSTEES. This matter was continued to the next regular meeting. E691 30. AGENDA BILL 3416 - APPOINTMENTS TO PARKS AND RECREATION COMMISSION. This matter was continued to the next regular meeting. C291 Agreement with Carlsbad Police Officer's Associ- ation and Firefighter's, Association, I Mayor Frazee announced that a tentative agree- ment had been reached with the Carlsbad Police Officer's Association and the Carlsbad Fire- fighter's Association. COUNCILME? ( -Ti 14-1 \h &o S Motion Ayes X xxx Motion Ayes X xxx CITY OF CARLSBAD COUNCllMEl ( -10- nrg July 1, 1975 ,,,\\ -e h*l 3 Agreement with C.P.0.A (cont.) A motion was made that the staff be instructed Motion xxx Ayes to prepare the documents necessary indicating X 1, 1975. Noes that the agreements are to be effective July Mayor Frazee announced that no other decisions or agreements have been reached at this time. City Manager Additional Business:. The Qity Manager stated it is his intention to schedule a budget session for the next adjourned Council meeting. ADJOURNMENT: By proper motion, the meeting was adjourned at Motion X 12:lO A.M. to July 8, 1975 for a workshop sessior Ayes xxx from 7:OO P.M. to 1O:OO P.M., in the Council Chambers . Respectfully submitted , 0 z E. ADAMS, City Clerk Gardiner, Recording Secretary D