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Home My WebLink About1975-07-17; City Council; Minutespi '1, ,r t &Y OF CARLSERD COUNCILME1 ( 1 - Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting: July 17, 1975 Time of Meeting: 5:OO P.M. Place of Meeting: Council Chambers t j $3 I ROLL CALL: PUBLIC HEARINGS: Present ~- [99] 10. AGENDA BILL #3421 - SPECIFIC PLAN AND TENTA- [113] TIVE MAP - LA COSTA LAND COMPANY. D 0 Exhibits of the Specific Plan and Tentative Map were displayed for Council review and the Plannin Director gave a staff report in which he reviewed background information. I Mr. Bob Ladwig, Rick Engineering, Carlsbad, stated he was representing the applicant and would be available to answer any questions. He stated that the applicant is in agreement with all of the conditions imposed by the Planning Commisison with the exception of Condition #10 of Resolution No. 1165. As mentioned by the Planning Director, this condition was deleted at the Planning Commission level and should not be included as a condition. The Public Hearing was closed at 5:48 P.M. I Lengthy discussion ensued by the Council at whic time numerous questions were answered by the Planning Director and Public Works Administrator The Planning Director stated that this Specific Plan and Tentative Map were being submitted by La Costa asa new Specific Plan and Tentative Map and are intended to replace SP-112 and CT 73-10. h W motion was made that the staff be directed to prepare the documents necessary for approval of Specific Plan (SP-169) and Tentative Map (CT 75-4 including the conditions approved in Planning Commission Resolution No. 1165 and 1166, with the exception that Condition #10 of Resolution No. 1165 be deleted. Further, that the staff be instructed to provide a condition which keys the development of the Specific Plan and Tenta- tive Map to the City's existing pan-handle polic: at the time of the issuance of the City's build- ing permit. Y [57] 1.1,. A,GENDA BXLL #3422 - NOISE ELEMENT - GENERAL PLAN t The City Manager recommended that this matter be continued to a workshop session. No one in the audience wished to be heard and the Mayor declared the Public Hearing closed at 6:14 P.M. I Mayor Frazee announced the Public Hearing was closed and the matter would be readvertised at a later time. A motion was made that the matter be continued to a workshop session. I Motion Ayes Motion Ayes I xxx xxx I .I I \ CRY OF CARLSERD -2- July 17, 1975 7 B - r , ~ [1121 11-A AGENDA BILL #3319 - WEED ABATEMENT COST REPORT. Supplement #2. Mayor Frazee announced the Pub1 ic Hearing for the Weed Abatement Cost Report was held at the regular meeting of July 15, 1975 and the public hearing was continued to this date at 7:OO P.M. He inquired if anyone else wished to be heard. MR. RICHARD 'GILBERT, property owner, stated his objection to the billing received by the City and stated probably many of the objections are based on the fact that the deadline for clearing the weeds was moved up. No one else wished to be heard and the Pub$ic Hearing was closed. The City Manager reported on this matter and stated the Utilities Maintenance Director had prepared a new list of persons protesting the City's billing for weed abatement. The Utilities Maintenance Director reviewed the list of persons who -have protested on an indivi- dual basis, giving the name of the property owner, location of lot, description of work done name of contractor hired by the City and the amount of billing. His review included the following property owners: Robert Bangar, Her- bert Copeland, Llewella Davies, Chandler Edwards Charles Garner, Richard Gilbert, Robert Hanson, Charles McCarver, Ronald Oats, Retirement Builders Inc, represented by Henry R. Cushman, Arthur Stringari, Eva Wagner, Raymond Whitehead and F & F Properties, represented by Mr. Tom Ferran. Following recommendations by the Utilities Main- tenance Director and lengthy discussion by the Council , a motion was made that Edwards, McCarver, and F & F Properties be relieved from any bill - ing responsibility and the bill for the Garner property be reduced a total of $34.00; further. that the remainder of the property owners listed remain on the list with the exception that those property owners who have paid be deleted from the list. Further discussion was held and a motion was made to amend the previous motion by deleting the name of McCarver. The following Resolution was adopted by title only and with the unanimous consent of the Coun- further reading was waived: RESOLUTION NO. 3695, CONFIRMING THE: REPORT OF THE UTILITIES MAINTENANCE DIRECTOR SHOWING COST OF WEED ABATEMENT AGAINST EACH PARCEL OF LAND IN SAID REPORT, CONFIRMING THE COST AND PROVIDING FOR COLLECTION ON THE REGULAR TAX EIILL. RECESS: Mayor Frazee had called for a recess at 6:47 P.M. prior to the Public Hearing on Weed Abatement Cost Report. The Coluncil re- convened, with all Council members present, at 7:05 P.M. Y Y I COUNCILME1 I Motion Ayes X Noes xx Mot i on Ayes xx Noes X Motion xxx Ayes X 'i c t &Y OF CARLS~D COUNCILME1 I - D I -3- July 17, 1975 I DEPARTMENTAL AND CITY MANAGER REPORTS: I P1 anni ng Department. I [113] 12. AG-ENDA BILL #3404 - REZONING OF SCHOOL AND PARK SITES TO OPEN SPACE ZONING. - Supplement #l. I The Planning Director stated a Public Hearing wa held on this matter at the last regular meeting and in accordance with Council's instructions, the necessary documents have been prepared. He stated that there are a few minor corrections which should be made to the approving Ordinance No. 9432: Page 4, Item #17, Line 19 should be revised to read "approximately 89.98 acres"; line #22 should read "on Exhibit 17". Page 5, Line 1 should read "Exhibit 18", Item #19, line 8 should read "Exhibits 19 and 19a". .s The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: RESOLUTION NO. 3694, ANNOUNCING FINDINGS AND REZONING A NUMBER OF CITY SCHOOL SITES, CITY PARK DECISION ON A CHANGE OF ZONE (ZC-155 AND ZC-156) SITES AND OTHER LANDS TO 0-S (OPEN SPACE ZONE), Ordinance No. 9432 was introduced for a fjrst'- reading by title only and further reading waived: ORDINANCE NO. 9432, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING I MAP TO GRANT A CHANGE OF ZONE FROM A NUMBER OF CATED THROUGHOUT THE CITY OF CARLSBAD IN ACCORD WITH THE OPEN SPACE ELEMENT OF THE GENERAL PLAN, as corrected. ZONES TO 0-S (OPEN SPACE ZONE) ON PROPERTY LO- Mayor Frazee announced it came to his attention after voting on the matter of 0-S Zoning, that it is an item which he has a potential for con- flict of interest and he requested that a motion be made rescinding the previous action on 0-S Zoning. A motion was made that the previous action on 0-S Zoning be rescinded and that the adoption of Resolution No. 3694 and the introduction of Ordinance No. #9432 be reconsidered. Mayor Frazee stated because of a potential for a conflict of interest in this matter, he would abstain from any discussion and relinquished the Chair to the Vice-Mayor. The Vice-Mayor announced that the matter was now before the Council for reconsideration, and the following motions were made: RESOLUTION NO. 3694, ANNOUNCING FINDINGS AND REZONING A NUMBER OF CITY SCHOOL SITES, CITY PARK SITES AND OTHER LANDS TO 0-S (OPEN SPACE) ZONE, was adopted by title only. """- DECISION ON A CHANGE OF ZONE (ZC-155 AND ZC-156) Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx 1 Motion Ayes X Abstained xx I I I ' 'I - B 1 &Y OF CARLSERD -4- July 17, 1975 I ~ ~~~~~~~~~ Agenda Bill #3404 (cont) ORDINANCE NO. 9432, AMENDING TITLE 21 OF THE CmLSBADMmICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM A NUMBER OF CATED THROUGHOUT THE CITY OF CARLSBAD IN ACCORD WITH THE OPEN SPACE ELEMENT OF THE GENERAL PLAN, was introduced for a first reading by title only. Action having been taken on the above Resolution and Ordinance, the Vice-Mayor returned the Chair to Mayor Frazee. ZONES TO 0-S (OPEN SPACE) ZONE ON PROPERTY LO- C791 c991 13. - AGENDA BILL #3423 - PANHANDLE LOT POLICY. The City Manager stated most of the concerns of the staff regarding the panhandle lot policy were answered during the Council's discussion with regard to panhandle lots in connection with AB#3421 discussed earlier in the meeting. He reported further on this matter and stated the staff is seeking direction from the Council. Following discusison by the Council, it was moved that the staff be directed to develop standards for Panhandle lots and appropriate ordinances and return them for a workshop session to be dis- cussed by the Council. Public Works Department. [gg] 14. AGENDA BILL if2187 - PUBLIC IMPROVEMENTS ACCEPTANCE - LOMA LAGUNA - UNIT NO. 2. (CT 73-45 Councilman Chase stated he would abstain from discussion of this item and requested to be excused. By consent of the Council, he was excused. Following a report by the Public Works Adminis- trator, a moti:on was made that the City Council accept the improvements as completed, direct the Utilities Maintenance Director to commence their maintenance and that the Finance Director be instructed to release deposits in the amount of $4,777.97 and the City Clerk to release the bonds i Councilman Chase returned to his chair. 1 [gg] 15. AGENDA BILL #2241 - FINAL MAP APPROVAL - EL CAMINO PORTALS - Supplement #4. I Following a brief report and discussion by the Council , a motion was made that the Final Map for Carlsbad Tract 74-36, Units 2 & 3, be approved I [167] 16. AGENDA BILL #3424 - AMENDMENT TO MUNICIPAL CODE - REFUNDS. I Following a report by the City Manager, Ordinanc No. 1184 was introduced for a first reading by title only and fur?-ther reading of the text was wai ved : 1 CWNCiLMEl 1 Motion Ayes xxx Motion Abstained xxx Ayes X Motion Ayes xxx 't * &Y OF CARLS~D -5- July 17, 1975 - D I) I I -~ ~ ~~~~~~ ~~ ~~ ~~ ~-~~~~ AB #3424 (cont.) I ORDINANCE NO. 1184, AMENDING TITLE 3, CHAPTER 3.-3-2 OF T.HE CARLSBAD MUNICIPAL CODE BY THE ADDI- I TION OF SECTION 3.32.030 REGARDING REFUNDS. I [25] 17. AGENDA BILL #3425 - PROPOSED ANNEXATION - - CAL-PACIFIC PROPERTIES, INC. I A staff report was given by the Planning Direct0 stating the annexation application was approved by LAFCO on June 2, 1975. 1 ORDINANCE NO. 1185, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS "EAST CARLSBAD ANNEXATION NO. 2.23", was introduced for a first reading by title only and with the unanimous consent of the Council , further reading of the text was waived. [45] 18. AGENDA BILL #3426 - MUTUAL FIRE PROTECTION AID AGREEMENT - CITY OF CARLSBAD AND STATE OF CALIFORNIA. A report was given by the City Manager and the following Resolution was adopted by title only. With the consent of the Council, further reading of the text was waived: * RESOLUTION NO. 3696, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD RND THE STATE OF CALI 1 FORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF FORESTRY FOR MUTUAL FIRE PROTECTION AID, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, was adopted. [23] 19. AGENDA BILL #3427 - ASSIGNMENT AGREEMENT - [45] MEDICAL FINANCE COMPANY. I A report was given by the City Manager and ques- tions were asked by the Council regarding the handling' of 'hardship cases, for collection. of accounts for City provided emergency medical transportation. Following further discussion, Resolution No. 3697 was adopted by title only and with the cansent of the Council, further reading was waived: RESOLUTION NO. 3697, APPROVING AN A.SSIGNMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD ANDMEDICAL FINANCE COMPANY OF SAN DIEGO FOR COLLECTION OF MEDICAL TRANSPORTATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, was adopted. DELINQUENT ACCOUNTS FOR CITY-PROVIDED EMERGENCY ~511 I31 1 20. AGENDA BILL #3240 - FIRE STATION #3 SITE. A report was given by the City Manager and brief discussion was held by the Council. A motion was made that the staff be instructed to discontinue negotiations on the El Camino and Chestnut site and authorize them to hold neighborhood meetings with the residents on Catalina and the surrounding area t.o explain the need for a fire station; further that the staff be instructed to make applicaLtion for a Conditional Use Permit on bphalf of the City. CQUNCilMEl 1 Motion Ayes x xx Motion Ayes Noes x. x x Motion xxx ~ Ayes X I I ',~ :i. &Y OF CARLS&D COUNCiLMEl I - D w * -b- July 17, 1975 I ~~~~ ~ - ~~-~ ~ ~~ 1451 21. AGENDA BILL #3428 - RENEWAL OF STORM DRAIN [93] EASE - ATCHISON, TOPEKA AND SANTA FE RAILWAY. Following a report by the City Manager, a motion was made that the Mayor be authorized to sign the required lease and forward a letter of acknow ledgment to the Atchison, Topeka and Santa Fe Railway Company. 1861 22. AGENDA BILL #3429 - FENCING REQUEST - BEAU- TIFUL SAVIOR EVANGILICAL LUTHERAN CHURCH. Following a report by the City Manager, the Council heard from Pastor Jon Mahnke, represent- ing Beautiful Savior Evangilical Lutheran Church located at Valley St. and the proposed Elm Avenut extension east of Valley. Pastor Mahnke stated that the City's slope easements adjacent to the Church property are a very serious human hazard. He further stated that although the Church has not requested that the property be fenced, a request was made that the City eliminate the hazard. Following lengthy discussion, a motion was made th-at the City not take action to fence the pro- perty, as recommended by the staff. An amendment to the motion was made that in the event the owner of the property constructs a fence, that the fence be placed on the edge of the slope and that, at such time as the road is graded, the City would move the fence to the new location. [291 23. AGENDA BILL #3430 - SALARY PLAN - EXECUTIVE - CERTAIN ADMINISTRATIVE AND COUNCIL APPOINTED PERSONNEL. The City Manager reported that the documents haw been prepared by the staff on this matter, as directed by the Council. RESOLUTION NO. 3698, ADOPTING THE SALARY PLAN FOR CERTAIN EXECUTIVE, ADMINISTRATIVE AND COUN- CIL APPOINTED PERSONNEL FOR THE 1975-76 FISCAL YEAR, was adopted by title only and with the unanimous consent of the Council, further readinl was wai ved. [291 24. AGENDA BILL #3431 - MEMORANDUM OF UNDERSTANE I ING - MISCELLANEOUS EMPLOYEE'S ASSOCIATION. A report was given by the City Manager and the following Resolution was adopted by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3699, ACCEPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGE- MENT AND THE CARLSBAD CITY MISCELLANEOUS EM- PLOYEE'S ASSOCIATION, effective July 8, 1975. I ? C 1 - 158 ~~ PH vu 7j Motion xxx Ayes X Motion Ayes xxx Motion xx Ayes X X Motion xxx Ayes X - ~ ~ Motion X 1 Ayes 1 Noes xxx ~ L,*,. .16- - D B I &Y OF CARLSERD July 17, 1975 CBUNCILMEI 1 -7- /5 I [29] 25. AGENDA BILL #3432 - SALARY SCHEDULE - MIS- / CELLANEOUS, POLICE SAFETY AND FIRE SAFETY PERSONNE The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: RESOLUTION NO. 3700, ADOPTING THE SALARY PLAN FO THE MISCELLANEOUS EMPLOYEES AND POLICE AND FIRE I SAFETY EMPLOYEES FOR FISCAL YEAR 1975-76 AND RESCINDING RESOLUTION NOS. 3686 AND 3693. COUNCIL REPORTS AND ADDITIONAL BUSINESS: EX.ECUTIVE SESSION: Mayor Frazee called an Executive Session at .9:25 P.M. for the purpose of discussing Personnel specifically appointments to Boards, Committees and Commissions. The Council reconvened at 9:45 P.M., with all Council members present, and the Mayor announced that the purpose of the Executive Session was to discuss appointments to Boards, Commissions and Committees and appoint- ments were made to the Parks and R:ecreation Commission and the Library Board of Trustees. He further stated the Council appointed the Chai man to the Mayor's Youth Committee and through a misunderstanding, the Mayor's Youth Committee appointed their own Chairman. The City Attorney stated he would return with a new Resolution at the next regular meeting to rectify the-con- flict. r [631 26. AGENDA BILL #3415 - APPOINTMENTS TO LIBRARY BOARD OF TRUSTEES. I During the Executive Session, the Mayor announce that Carolyn Schindler and W. A. Driver were reappointed to serve on the Library Board of Trustees and the following Resolution was adopte by title only and with the unanimous consent of the Council, further reading was waived: 9 RESOLUTION NO. 3689, APPOINTING TWO PERSONS TO THE LIBRARY BOARD OF TRUSTEES. [691 27. AGENDA BILL #3416 - APPOINTMENTS TO PARKS AND RECREATION COMMISSION. During the Executive Session, Mayor Frazee announced the reappointment of Betty Wollrich and James Kinghorn and the appointment of Douglas Deason to the Parks and Recreation Commission. The following Resolution was adopted by title only and with the unanimous consent. of the Coun- cil, further reading was waived: RESOLUTION NO. 3690, APPOINTING THREE MEMBERS TO THE PARKS AND RECREATION COMMISSION PURSUANT I TO ORDINANCE NO. 1025. I [761 28. AGENDA BILL #3433 - APPOINTMENT TO PLANNING COMMISSION. I I i Motio ~ Ayes - Motio Ayes Motic Ayes I By concensus of the Council, this matter was continued to the next regular meeting. I n X n X )n X l xx xx X xx !q,%, I ,*<< . ~ ;, . Ehv OF CARLSS~D -8- July 17, 1975 - B I) - I [lo31 29. AGENDA BILL #3434 - APPOINTMENTS TO TRAFFIC SAFETY COMMISSION. By concensus of the Council, this matter was continued to the next regular meeting. Parking for City Employees - City Yard. 1711 Councilman Chase requested the staff to contact the AT & SF to determine if some arrangement could be made to obtain a portion of Railway property for parking for City employees from the City Yard. The City Manager stated contact had been made with AT ti SF to obtain parking and the City was informed the Railway Company will rent parking area for $1.75 per square foot per year. He further stated the City will negotiate further with the Railroad on this matter. [1121 Weed Abatement. Councilman Chase requested the matter of Weed Abatement be placed on the Coun- cil agenda for workshop session so that the point raised by Councilman Skotnicki earlier in this meeting could be discussed further. CITY MANAGER ADDITIONAL BUSINESS: [741 The City Manager stated he was in receipt of a CETA Contract which was forwarded to the Council this date for continuance of the CETA Program. The Contract would transfer the program from CETA I1 funds to CETA VI funds and the City Mana ger requested Council's consideration of this matter. It was moved that authorization be given the Mayor to execute the Contract for CETA VI funds and the staff was instructed to prepare a Resolu tion after the fact. ADJOURNMENT: By proper moti.on, the me.eti,ng was a.d.journed at 9:30 P.M. to Tuesday, July 22, 1975 at 7:OO PIM, in the Council Chambers. Respectfully submitted, YT &U@* MA GA ET E. ADAMS, City Clerk ora K. Gardiner, Recording Secretary *Correction made to Page 5; corrected title to Resolution 3696. I COUNCILME1 > Motion Ayes xxx Motion xxx Ayes X