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HomeMy WebLinkAbout1975-08-19; City Council; Minutes* - - B I) q CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 19, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers Y I ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE -was given. APPROVAL OF MINUTES: I Minutes of the regular meeting held August 5,1975 were approved as presented. Minutes of the .adjourned regular meeting held August 12, 1975, were approved as presented. .. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of the Bills for the General Expenses .of the City: City Opera- tions $178,187.97; Water Operations $39,099.14; Net Payroll Transfer $78,066.51 for a total’ of $295,353.62 for the period July 16, 1975 thru July 31, 1975, as certified by the Director of Finance and approved by the Auditing Committee. 1 Ratification was given the payment of the Payroll in the amount of $133,758.93 for the period July 28 thru August 10, 1975, as certified by the Director of Finance and approved by the Auditing Commi ttee. By minute motion, the reading of the text of all Ordinances before the Council at this meetina was waived: ~~~ . I ORDINANCES ‘FOR ADOPTION: I The.foll.owing~0rdinances.were g’iven a second read. - ing by title only and adopt,ed: 1. AGENDA BILL #3420 - SPECIFIC PLAN AMENDMENT - COVI’hGTON BROS. ORDINANCE NO. 9434, ADOPTING c1131 AN AMENDMENT TO SPECIFIC PLAN (SP-122A) FOR CON- STRUCTION OF 300 DWELLING UNITS ON A 61-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF POINSETTIA LANE AND 1-5. [113] 2. AGENDA BILL #3421 - SPECIFIC PLAN - LA COSTA LAND-COMPANY. ORDINANCE NO. 9435, ADOPTING A SPECIFIC PLAN (SP-169) FOR DEVELOPMENT OF 11 5 I SINGLE-FAMILY LOTS ON PROPERTY LOCATE5 ON THE EAST SIDE OF ALGA ROAD, BETWEEN ALFIL WAY AND BABILONIA STREET. PUBLIC HEARINGS.- 7:OO P.M. I f99] 3. AGENDA BILL #3442 - TENTATIVE MAP APPROVAL - I ~ DENIS HOBSON. (CT 75-5). I A staff report was given by the Planning Director with an exhibited transparency depicting the pro- . posed Tentative Map for a one-lot condominium. The Mayor,inquired if anyone wished to be heard regarding this matter. No one wished to be heard and the Public Hearing.was closed at 7:30 P.M. WNC1Lh . .- 7 a B =Y CITY OF CARLSBAD -2- August 19, 1975 . n Following lengthy discussion by the Council which centered on the subject of Condition #11 having to do with bikeways, a motion was made to return the matter to the City Attorney for preparati3n of documents necessary for approval of the t'enta- tive map as outlined in Planning CommissionResolu- tion No. 1176, with the exception that Condition #11 be deleted. The motion died for lack of a second. It.was moved that the matter be returned to the City Attorney for preparation of the necessary documents for approval of the tentative map 1176. .'as outlined in Planning Commis'sion Resolution No. Councilman Chase requested the record show that his "no" vote was not based on an objection to the requirement of a "bik-eway" but it was based on the fact that the City has not made any defin- ite determination as to where the bikeway will be located or even if a bikeway will be provided in that area or when. Because of this, he stated he felt it was an unfair condition to place on tht developer. [1,13] 4. AGENDA BILL #3443 - ZONE CHANGE - CITY OF CARLSBAD. I The Planning Director stated the request for zone change is a city-initiated request for approval of a zone change on property located at the south east corner of El Camino Real and Marron Road alignment from R-1-10 to C-2-Q and R-P-Q (Rinker- ZC-159) and exhibited a transparency of the location of subject property. Further, he pre- sented background information and the reasoning for staff initiation of the request. MR. GEORGE KOOPKAN, Area Manager of Rinker Com- pany stated Rinker representatives have met on two separate occasions with city staff and that although there are some matters which need to be reviewed again, Rinker Company concurs with the Planning Commission recommendations. !I IL Mayor Frazee declared the Pub1 ic Hearing closed at 8:51 P.M. since there was no one else who wished to be heard. Lengthy discussion ensued by the Council and Councilman Chase stated the C-2 zone and R-P zone without the Q Overlay or any other City vehicle for control, would adequately develop the property to all the standards required by the City. He stated he strongly opposed the City getting involved in this morass. since he . felt more and more time would be spent on this by the staff. Further discussion was held with comments made by the City Manager and a motion was made that the City Attorney be directed to prepare the documents necessary for approval of rezoning fron R-1-10 to C-2-Q and R-P-Q, subject to the condi- tions outlined in Planning Commission Resolution No. 1170. 1 CWNClLM CITY OF CARLSBAD -3- August 19, 1975 *r B .I -1 " ~ .~.~ -~~ ~ """ ~ ..". Councilman Chase requested the record show that the reason he voted "not' on-this item was for thc reason previously stated in his comment 'to the . Council o [1113] 5. AGENDA BILL -#3444 - ZONE CHANGE - CITY OF CARLSBAD. The Planning Director stated this was a city-ini- tiated request for approval of a zone change on property located at the northeast corner of Alga Road and El Camino Real (Gal Pacific Properties ZC-159), from C-1 and' RD-M to C-1-Q and RD-M-Q. .. He presented a staff report and displayed a tran: parency of subject property for Council review. The Mayor inquired if anyone wished to be heard on this matter and since no one wished to be heard, the Public Hearing was closed at 8:19 P.M, Discussion ensued by the Council and Councilman Chase stated he felt exactly about this request applying the Q zone overlay as he did on the matter previously discussed in Agenda Bill #3443. Following further di'scussion by the Council, a motion was made that the City Attorney be direct- ed to prepare the documents necessary for approval of a zone change from C-1 and RD-M to C-1-Q and RD-M-Q, as outlined in Planning Commission Resol\ tion No. 1175. Councilman Chase requested that the record re- ' flect that he voted "no" on this matter for the same reason as stated in previous discussion under Agenda Bill #3443. RECESS: Mayor Frazee called for a recess at 8:22 P.M. and the Council reconvened with a17 Council members present at 8:35 P.M. DEPARTMENTAL REPORTS: Planning Department. ,- [113] 6. AGENDA BILL #3445 - ROOSEVELT STREET MORATORJ UM/ZONE CHANGE - CITY OF CARLSBAD. The Planning Director gave a staff report and displayed a transparency of the proposed zone change area. Also on display for Council 'review were two wall maps marked "Exhibit 2 - Zoning Map" and "Exhibit 3 - Land Use Map". The Planning Director referred to the exhibits and reviewed the alternatives considered by the staff for the subject area. He stated the staff recommendatior was to allow the moratorium to 1apse.and that the Council give consideration to a Resolution * of. Intention to initiate a zone change, applying the "Q" Zone to certain areas fronting on Roose- velt Street between Elm Avenue and Walnut Avenue. Co,nsiderable discussion was held with regard to the application of a "Q" zone in subject area and a motion was made that the staff be instruct- ed to implement Ordinances Which would accomplist the intent of the Land Use Element of the General Plan i-n thi.s are;, for Council consideration at the earliest possible date. CGUNCILME " CITY OF CAWISBAD CWJNCILM - 8 w : August 19, 1975 Pub1 ic Works. A report was given by the City Manager who in- formed the Council this matter was being returned for documents only. He further state-d the s.taff was recommending an extension for the Sewer Agree ment only since the.present Council Policy would require new developments to construct the street at the developer’s expense. ’. Brief discussion was. held and the following Resolu- tion was adopted by title only and with the unani mous consent of the Council, further reading was waived: A SEWER REIMBURSEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. [73) 8. AGENDA BILL #3446 - ENCROACHMENT PER9IIT RE- QUESTS - LA COSTA LAND COMPANY. Comments were given by the City Manager with re- gard to this request and a report was given by the Public Works Administrator who stated two encroachment permits and two agreements were bein presented; one for the construction of a split . rail fence and the other for landscaping purposes. Following discussion, it was agreed by the Coun- cil that Encroachment Permits be issued to La ject to certain conditions and for landscaping purposes subject to certain conditions; further that the Mayor be authorized to execute both agreements. The following Agenda Bills were considered con- currently: [93) 9. AGENDA BILL #3447 - REFUND OF SEWER CHARGES - MRS. W. R. GRISWOLD - 3846 SKYLINE DRIVE. 1.0. AGENDA BILL #3448 - PARTIAL REFUND OF SEWER ” CONNECTION FEE - WILLIAM J. BOLICH - 3951 PARK DRIVE. The Public Works Administrator reported on the request for refund of sewer charges (AB#3447) and explained how the erroneous sewer charge fees occurred. With regard’to the request for partial refund of sewer connection fees (AB#3448); the Public Norks Administrator provided background information which lead to the request and stated it was an infrequent situation which was not * treated in the Municipal Code. Mrs. W. R. Griswold for erroneous sewer charges made prior to connection to the City Sewer System (AB#3447), and further, that the Finance Director be directed to issue a refund in the amount of $200.00 to Mr. Williani J. Bolich (ABH3448), as recommended by the staff. - B B CITY OF CAWLSBAD -5- 1 B August 19, 1975 - ~~ ~"~~ ~"~ [93]11. AGENDA BILL #3449 - REQUEST TO SEWER THROUGH - A PRIVATE EASEMENT - WILLIAM T. PRICE - 1355 FOREST AVENUE. Following a brief staff report by the Public Work Administrator, a motion was made that permission be granted to serder the rear lot at 1355 Forest Avenue through a private easement to Las Flores Avenue, as recommended by the staff. ['92] 12. AGENDA BILL #3310 - VISTA-CARLSBAD SEWAGE TRANSMISSION SYSTEM - IMPROVEMENT AND ENLARGEMENT OF THE BUENA VISTA AND AGUA HEDIONDA PUMPING .,STATIONS - Supplement #1. Following a report by the Public Works Administra tor and a comment from the City Manager, a moti?n was made that authorization be given the Vista Sanitation District, in its capacity as lead agency, to advertise'for bids for the paralled hen; Vista force main, as recommended by the staff. [I13 13. AGENDA BILL nu3450 - CONTRACT #lo26 - INSTALL [45]BON OF 10" DIAMETER WATER LINE IN SKYLINE DRIVE BETWEEN BIRCH AND ALDER AVENUES. A report was given by the Public Works Administra tor and the following Resolutions were adopted by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3721, AUTHORIZING TRANSFER OF FUND FROM WATmESERVE ACCOUNT TO SKYLINE DRIVE WATER LINE PROJECT. RESOLUTION NO. 3722, APPROVING PLANS AND SPECIFI- CATIONS AND AUTHORIZING THE C1TY"CLERK TO INVITE BIDS FOR THE INSTALLATION OF WATER LINE IN SKYLIN DRIVE, BIRCH AVENUE TO ALDER AVENUE (CONTRACTfi'lOZf City Manager. [IOO] 14. AGENDA BILL #3451 - FIXING THE AMOUNT OFMONE) [2!3] NECESSARY TO BE RAISED BY TAXATION AND FIXING RATES THEREFORE. The City Manager reported on this matter and stat ed as a result of a question raised by Mayor, Fra- zee with regard to recent annexafions being in- cluded in the proper tax area, the staff has been checking with the Assessor's Office. He recommen ed that the Resolutions be adopted as presented and if it is found that-a change is necessary in a Resolution, a Special Meeting could be called. Brief discussion was held and the following Resolt tions were adopted by title only and with the un- animous consent of the Council, further reading was waived: RESOLUTION NO. 3723, FIXING THE AMOUNT OF REVENUE PARTMENTS OF THE CITY OF CARLSBAD AND FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY THE BONDED INDEBTEDNESS OF THE "1962 SEWER BONDS, SERIES A, B, AND C" AND "1966 LIBRARY BOND! FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DE- FOR THE FISCAL YEAR 1975-76. COUNCILbIl 111 v u 0%' \ llLs -. Motion Ayes xx Motion Ayes xx: Mot i on Ayes XX) Motion Ayes XX) Motion ) Ayes xx> 7 I) I) 'h CITY. OF CARLSBAD ~MCILMI -6- 1975-76 FISCAL YEAR. [SI] 15. AGENDA BILL #3413 - ST. PATRICK'S CATHOLIC CHURCH PROPERTY PURCHASE - Supplement h'l. the option for the purchase of St. Patrick's Catholic Church property. [45] 16. AGENDA BILL #3452 - NORTH COUNTY LIFELINE [68) AGREEMENT. A report was given by the City Manager who stated Lifeline expired June 30, 1975 and funds have of $1,000. Brief discussi.on was held by the Coun- cil and the following Resolution was adopted by title only and with the unanimous consent of the Council, further reading was waived: 1 the agreement between the City and North County ! been budgeted for 1975-76 fiscal year in theamount THE CITY OF CARLSBAD AND NORTH COUNTY LIFELINE I GRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID 1 [45] 17. AGENDA BILL 83453 - AGREEMENT BETlclEEN THE j [68] ~ ASSOCIATION. FOR SERVICES IN CITY'S DRUG ABUSE PREVENTION PRO- AGREEMENT. CITY OF CARLSBAD AND TtiE CARLSBAE SENIOR CITIZEN'S 1 ~ I Castorena and Mr. Ray Ede, representing' Senior A report was given by the City Manager who stated the position of Coordinator is included in the budget for fiscal year 1975-76 in the monies appropriated for the operation OF the Senior Citi zen's Information-Center and an agreement between the City and the Senior Citizen's Association has been prepared. He further stated Mr. Manuel Citizens? have reviewed the contract and find it agreeable with the exception of funds for insur- ance. An explanation was offered by the City Manager with regard to the funds for insurance, Following discussion by the Council, Resolution No. 3726 was adopted by title only and with the unanimous consent of the Council, further reading was waived: I 1 .DINATOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. Further, the Council concurred that the total amount conternp1.ated in the Contract may be slight ly 'increased to allow a portion of those expendi- tures to be used for insurance, if the City Manager detkrmines it necessary. I A lstaff 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: CITY OF CARLSF3AD ~NCILME T August 19, 1975 ” RESOLUTION NO. 3727, AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SECURITY PACIFIC NATIONAL BANK FOR . SAFE DEPOSIT BOXES AND AUTHORIZING CITY MANAGER OR CITY CLERK TO HAVE ACCESS THERETO. 1 [73] 19. AGENDA BILL #3455 - PERMISSION TO TEST BOATS- AGUA HEDIONDA LAGOON. D* A report was given by. the City Manager regarding the testing of boats on Agua Hedionda Lagoon and a motion was made that the requests for permission to test boats on Agua Hedionda Lagoon be granted with the provision that the Police Department be l ~ notified prior to any testing. t I [31j 20. AGENDA BILL #3466 - REQUESTS FOR BUSINESS LICENSE REFUNDS. I The City Manager stated three requests have been received for business license refunds and briefly reviewed the reasons for these requests. Brief discussion ensued by the Council and a motion was made that the refunds be made in total to HUGHES & WALTON CONSTRUCTION, EDWARD SPECHT and EDWARD S. EBRIGHT. 1- [23J 21. AGENDA BILL #3386 - EMERGENCY MEDICAL TRANS- PORTATION - ESTABLISHING FEES - Supplement k‘l. The City Manager gave a report on this matter. Brief discussion was held and the following Resolu tion was adopted by title only and with the unani- mous consent of the Council, further reading was waived: * I RESOLUTION NO. 3728, ESTABLISHING FEES FOR THE EMERGENCY MEDICAL TRANSPORTATION SERVICE PURSUANT TO CHAPTER.6.06 OF THE CARLSBAD MUNICIPAL CODE. I COUNCIL REPORTS AND ADDITIONAL BUSINESS: RECESS: Mayor Frazee called for a recess at 9:50 P.M. and stated an Executive Session would be held immediately following the five minute recess. EXECUTIVE SESSION: Mayor Frazee announced prior to the recess that the purpose of the Executive Session would be to discuss Personnel, specifically appointments to the Planning Commission and Traffic Safety Com- mission. The EXECUTIVE SESSION convened at 9:55 P.M. The Council reconvened at 10:25 P.M. and the Mayor announced the Personnel was discussed and the following action was taken: I C7fj-J 22. AGENDA BILL #3433 - APPOINTMENT TO PLANNING COMMISSION - Supplement #/I. Following the Executive Session, Mayor Frazee announced the appointment of Eric Larson to the Planning Commission to fill the unexpired term of Gary Urench, and the following Resolution was adopted by title only and with the unanimous con- sent of the Council, further reading was waived: .... L CITY OF CARLSBAD auNCIlMf - B I) -8- August 19, 1975 - I RESOLUTION NO.. 3701, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PLANNING COMMISSION. I [23] 23. AGENDA BILL H3434 - APPOINTMENT TO THE TRAFFIC - SAFETY COMMISSION. I Mayor Frazee annoinced following the Executive Session that no action was taken on the appoint- ment to' .the Traffic Safety Commission. ti281 24. AGENDA BILL #3457 - DESIGN R.EVIEW COMMITTEE - AD HOC COMMITTEE. Reference was;.made to a report submitted to the City Council regarding a proposed Design Review Process for the City of Carlsbad prepared by Councilwoman Casler and dated August 11, 1975. Lengthy discussion ensued by the Council regardin this matter and Councilman Chase read a letter from Robco and signed by R.R. Robinson, dated March 10, 1975 and addressed to him, which cited a'number of problems the letter-writer had experi enced in his exposure to a design review committe in another city. Individual views by the Council members were given and further discussion was he1 d. 9 - !e It was moved that the matter of a proposed Design Review Process for the City cf Carlsbad be tabled. California Litter - a Comprehensive Analysis and Plan for Abatement. Councilman Skotnicki stated he felt a position should be taken by the Council with regard to this matter and urged Council mem- bers to review pertinent informacion and take a position at a later date. Byron !Ihite annexation to the City of San Marcos. Councilman Skotnicki referred to a law suit in connection with the Byron White annexation to the City of San Marcos and stated his only concern is in connection with the Encina Water Pollution Control Facility. Lengthy discussion was held and questions answered by the Public Works Adminis trator. At the conclusion of discussion, 'the City Manager stated the staff would prepare a report on this matter for the Council. SB-100 (Senator Mill's Bill) Gas Tax. Mayor Fra- zee reported on a Senate Bill which is being pro- posed regarding gas tax monies and requested tha.t a position be taken by the Council to request 1$ of the 24 increase in gas tax monies be designated for local use. The Bill as it is being proposed allocates the 24 increase be used only by the State. I Councilman Skotnicki stated he would abstain from voting on this matter. I A motion was made that the recommendation of Mayor Frazee be accepted and that a request that local government receive a l$ share from the increase in gas tax.monies for local use be made; further that contact be made by telegram to the Assembly Ways and Means Committee. -. ... . I= CITY OF CAWLSBAD mMCILMI City Attorney - Retroactive Vacation Time. Brief discussion was held and a motion was made to July 1, 1975, a three week vacation per year. ADJOURNMENT: . that the City Attorney be granted retroactive p By proper motion, the meeting was adjourned to Tuesday, August 26, 1975 at 7:OO P.M. in the City Counci 1 Chambers. Respectfully submitted;