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Home My WebLink About1976-05-04; City Council; Minutes2 - B w CITY OF CARLSBAD COUNCILME1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting May 4, 1976 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ~ ~~~~ ~~ ~ ROLL CALL: INVOCATION was offered by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: Minutes of the regular meeting held April 20, 1976, 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 Opera- tions $228,026.56; Mater Department $3,579.10; Investments $1,400,000.00; Net Payroll Transfer $78,667.53 for a total of $1,710,273.19 for the period April 16, 1976 through April 30, 1976, 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 $122,658.35 for the period April 5, 1976 through April 18, 1976, as certified by the Director of Finance and approved by the Auditing Committee. Mayor Frazee stated that an Executive Session would be called later in the meeting for the purpose of meeting with the wage negotiators. CONSENT CALENDAR: Mayor Frazee requested that Item No. 21 be added to the Consent Calendar inasmuch as it is low on the Council's Agenda, a representa- tive is present, and the matter is routine. The Council concurred and Item No. 21 was included in the Consent Calendar. The following items were approved by one motion affirming the action on the Consent Calendar: [9S] 1. AGENDA BILL #3597 - SUPPLEMENT #l - CON- [45] STRUCTION OF WHEEL CHAIR RAMPS - CONTRACT 1035. Resolution No. 3891, approving plans and specifications and authorizing call for bids, was adopted. [27] 2. AGENDA BILL #3635 - AUDIT PROPOSAL - FISCAL [50] YEAR-1975-76. Accepted proposal to audit City of Carlsbad and City of Carlsbad Water Depart- ment submitted by Diehl, Evans and Company. [lo21 3. AGENDA BILL #3636 - YIELD CONTROL - LAS [78] FLORES DRIVE TURN-OFF TO HIGHLAND DRIVE. Resolution No. 3892, designating yield control on portion of Las Flores Drive at its inter- section with Highland Drive, was adopted. [Sl] 4. AGENDA BILL #3637 - QUITCLAIM PORTION OF [93] GENERAL EASEMENT - STANDARD PACIFIC. Authorized [99] Mayor to execute quitclaim deed for portion of General easement in lot 125 of Carlsbad Tract 73-36, Unit No. 3. j4Ji 4 a2 kii Present X X X Motion Ayes xxx Motion xxx Ayes X Motion xxx Ayes X Motion xxx Ayes X - D D IC CITY OF CARLSBAD -2- May 4, 1976 [971 1451 1961 [lo21 V81 1641 [lo81 E81 [Sol [I141 [I131 ~301 [791 5. AGENDA BILL #3638 - RESURFACING OF CITY STREETS - FISCAL YEAR 1975-76 - CONTRACT NO. 1031. Resolution No. 3893, approving plans and speci- fications, and authorizing call for bids, was adopted. 6. AGENDA BILL #3640 - STOP CONTROL - HILLSIDE DRIVE AT PARK DRIVE. Resolution No. 3894, establishing stop control for eastbound and I westbound traffic on Hillside Drive and Park Drive, was adopted. I 7. AGENDA BILL #3641 - REPORT OF ESTIMATED COSTS - 1976-77 LIGHTING MAINTENANCE DISTRICT. Accepted report of estimated costs and directed City Engineer to prepare 1976-77 Assessment Roll. DISTRICT NO. 4-ROOSEVELT STREET (ELM TO BEECH). Resolution No. 3895, setting time to be readv to 8. AGENDA BILL #3642 - UNDERGROUND UTILITY convert to underground system by June 11 , 1976, was adopted. I 21. AGENDA BILL #3645 - YOUTH INVOLVEMENT DAY - MAYOR'S YOUTH COMMITTEE. Approved youth commit- tee activity and authorized expenditure of funds. By minute motion, the reading of the text of all Ordinances before the Cou-ncil was waived. ORDINANCES FOR ADOPTION: The following Ordinances were given a second reading and adopted: 9. AGENDA BILL #3607 - SUPPLEMENT #l - RESI- DENTIAL CARE FACILITY - (ZCA-70). ORDINANCE NO. 9455, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO DENTIAL AND PROFESSIONAL CARE FACILITIES. Mayor Frazee stated he would abstain from voting on the following matter, and then relinquished the Chair to Vice Mayor Lewis. REVISE THE ZONING REGULATIONS REGARDING RESI- 10. AGENDA BILL #3625 - SPECIFIC PLAN AMEND- MENT (SP-144) TO PERMIT CONSTRUCTION OF 400' SINGLE STACK - SAN DIEGO GAS l? ELECTRIC CO. ORDINANCE NO. 9456, AMENDING ORDINANCE NO. 9279 BY THE AMENDMENT OF THE SPECIFIC PLAN ADOPTED ~. ~ THEREBY TO PERMIT THE CONSTRUCTION, SUBJECT TO CERTAIN CONDITIONS, OF A 400 FOOT SINGLE STACK TO REPLACE FOUR EXISTING STACKS AT THE ENCINA POWER PLANT ON PROPERTY GENERALLY LOCATED WEST OF INTERSTATE 5 AND SOUTH OF THE AGUA HEDIONDA AND ELECTRIC COMPANY. Vice Mayor Lewis then returned the Chair to Mayor Frazee. " . " LAGOON (SP-l43(B)). APPLICANT: SAN DIEGO GAS 11. AGENDA BILL #3630 - PUBLIC IMPROVEMENT POLICY. ORDINANCE NO. 8067, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.40 TO PROVIDE FOR THE DEDICATION OF RIGHTS-OF-WAY AND FOR THE INSTALLATION OF CER- TAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH BUILDING CONSTRUCTION. CQUNCILME Motion Ayes xxx Motion xxx Ayes X Motion Ayes X Abstain X Noes X Mot i on xxx Ayes X - D D I CITY OF CARLSBAD COUNCILME1 -3- May 4, 1976 yv R\ - a, k) [lo21 12. AGENDA BILL #3632 - SPEED ZONES - JEFFERSON [78] STREET, CHESTNUT AVENUE AND EL CAMINO REAL. The City Clerk advised that the Ordinance was given a first reading as Ordinance No. 3103 due to clerical error, and that the correct designa- tion is Ordinance No. 3104. ORDINANCE NO. 3104, AMENDING TITLE 1.0, CHAPTER Motion X 10.44, OF THE CARLSBAD MUNICIPAL CODE BY THE Ayes xxx AMENDMENT OF SECTIONS 10.44.040 AND 10.44.050 Noes LISH PRIMA FACIE SPEED LIMITS ON PORTIONS OF CHESTNUT AVENUE, JEFFERSON STREET AND EL CAMINO REAL. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 7r15 P.M. and reconvened at 7:25 P.M., with a1 1 Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: P1 anning. The following items were returned for consider- ation by the Council with documents prepared per previous Council action. AND BY ADDITION OF SECTION 10.44.060 TO ESTAB- [57] 13. AGENDA BILL #3626 - SUPPLEMENT #1 - GENERAL PLAN AMENDMENT - CIRCULATION AND LAND USE ELE- MENT - LA COSTA AREA (GPA-38). AND e571 14. AGENDA BILL #3627 - SUPPLEMENT #1 - AMEND- MENT TO LAND USE ELEMENT GOALS AND POLICIES (GPA-39). Mayor Frazee indicated that as Resolution No. 3896 pertains to both Agenda Bills, they would be considered together and handled by one motion. RESOLUTION NO. 3896, AMENDING THE LAND USE Yot i on X ELEMENT TEXT AND PLAN AND CIRCULATION ELEMENT Ayes xxx OF THE GENERAL PLAN (GPA-38) RELATING TO THE LA COSTA AREA, AND AMENDING THE LAND USE ELE- (GPA-39). MENT GOALS AND POLICIES OF THE GENERA.L PLAN C991 15. AGENDA BILL #3628 - SUPPLEMENT #1 - TENTA- TIVE SUBDIVISION APPROVAL - CHESTNUT GARDENS - MARVIN HUMPHREYS. RESOLUTION NO. 3897, APPROVING WITH CONDITIONS Ayes TENTATIVE MAP (CT 76-1) FOR A FIVE LOT SUBDIVI- X Motion xxx SION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MONROE STREET BETWEEN CHESTNUT AND KAREN LANE. APPLICANT: MARVIN HUMPHREYS. PUBLIC WORKS. I C26? 16- AGENDA BILL if3546 - SUPPLEMENT #1 - BRISTOL e931 COVE SILTATION PROBLEM. c 501 Mr. Ron Beckman, Public Works Administrator, presented the staff report, reviewed the history CITY OF CARLSBAD -4- May 4, 1976 D B D 3c ~ ~ ~~~~~ ~~~" ~ ~~~~~ ~ ~~ ~ ~ ~~~ ~ ~~-~ ~~ of the siltation problem and prior action taken, which has not resolved the problem. ~~ I Mr. Beckman stated that it is staff's recommend- ation that the ultimate solution is construction of a full drain system, with the most probable methods of financing being by assessment dis- trict or construction by adjacent developers. He pointed out that adjacent development, due to the impact of the Coastal Plan, is likely to be piecemeal and take several years to accomplish. Discussion followed with the Council's questions being answered by the staff. The City Manager advised those present that initiation of an assessment district would entail meetings with property owners, as well as public hearings before the Council, where members of the public could make their views known. A motion was made to accept the staff recom- mendation to instruct the staff to initiate petitions for an improvement district and authorize budgeting of funds in the coming fiscal year for outside assessment district engineering aid. I [94] 17. AGENDA BILL #3481 - SUPPLEMENT 83 - SECOND [45] SUPPLEMENT TO AGREEMENT - EXPANSION OF CAMINO REAL SHOPPING CENTER. I The City Manager explained the need for revision of the site plan and detailed the nature of the changes. The major change in the Agreement is the substitution of Bullocks Department Store instead of Broadway Department Store. After brief discussion, a motion was made to adopt Resolution No. 3898 by title only. RESOLUTION NO. 3898, APPROVING A SECOND SUPPLE- MENT, AMENDING THE AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY AND PLAZA CAMINO REAL FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPING CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. [30] 18. AGENDA BILL #3643 - ADOPTION OF 1973 EDITION UNIFORM HOUSING CODE. Title to the following Ordinance was read and the Clerk instructed to set the matter for public hearing on June 1 , 1976. ORDINANCE NO. 8068, REPEALING ORDINANCE NO. 8058, AND AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.06, TO ADOPT BY REFERENCE THE 1973 UNIFORM HOUSING CODE. I ~301 19. AGENDA BILL #3644 - ADOPTION OF 1975 EDITI-TIONAL ELECTRICAL CODE. I Title to the following Ordinance was read and the Clerk instructed to set the matter for public hearing on June 1, 1976. COUNCILME1 Mot i on Ayes xxx 1 I ~ i ~ Motion xxx Ayes xi Motion xxx Ayes X Motion I Ayes xxx i $ CITY OF CARLSBAD COUNCILME - B D I - -5- May 4, 1976 I I ORDINANCE NO. 8069, AMENDING TITLE 18, CHAPTER 18.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.12.010, AND SECTIONS 18.12.205 THROUGH 18.12.245 INCLUSIVE AND BY TH DELETION OF SECTION 18.12.236 AND OF SECTIONS 18.12.250 THROUGH 18.12.290 INCLUSIVE TO ADOPT BY REFERENCE THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE SUBJECT TO CERTAIN AMENDMENTS. [93] 20. AGENDA BILL #3598 - SUPPLEMENT #1 - SEWER RIGHT-OF-WAY ACQUISITION - RANCHO LA COSTA SEWE The City Manager stated that this matter was back before the Council with documents prepared by the City Attorney in accordance with the Council's instructions. Councilman Skotnicki stated he feels the City is using its condemnation authority in the interests of the developer in this matter and not as a matter of public necessity. A motion was made to adopt the following Resolution by title only, and that further reading be waived.. RESOLUTION NO. 3899, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF AN INTEREST IN CERTAIN REAL PROPERTY FOR A SEWER LINE TO BE KNOWN AS THE RANCHO LA COSTA SEWER, AND AUTHORIZING THE CITY ATTORNEY TO ACQUIRE SAID PROPERTY BY NEGOTIATIO OR CONDEMNATION. It was moved to adopt the following Resolution by title only, and waive further reading. RESOLUTION No. 3900, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RANCHO LA COSTA, A LIMITED PARTNERSHIP, FOR ACQUISITION OF CERTAIN SEWER EASEMENTS, TO BE KNOWN AS THE RANCHO LA COSTA SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. [Sl] 22. AGENDA BILL #3646 - EASEMENT AND PARKING AGREEMENT REQUEST - CITY OWNED PROPERTY. The City Manager related the history of this matter, noting that the Council's previous action was based on the prior owner's plan, and that Mr. Kern's proposal is significantly different. Mr. Bussey also pointed out that it will be necessary for the new developer to either get an amendment to the Specific Plan or apply for a zone change. He stated it is staff's recommendation that the request be denied until Mr. Kern is ready to process a specific plan; however, if the Council wishes to make the land available, sale of the land is recommended (subject to negotiation) rather than entering into a complex agreement. Discussion followed, after which the staff recommendation to deny the request at this time was accepted. IE R. _. N p 'a 4 rrr 06 \\ -e' Motion X Noes xx Ayes X Mot ion X Noes xx Ayes X Mot i on xxx Ayes X . CITY OF CARLSBAD COUNCllMEi 7 B -6- May 4, 1976 - Councilman Packard stated he feels great con- cern about the property along Elm Avenue being needed for City purposes in the future. [34] 23. AGENDA BILL #3647 - CITY - CHAMBER OF [45] COMMERCE AGREEMENT. Mr. Bussey reported that the new agreement pro- vides for the Chamber to be paid quarterly for on-going services and projects, but the Chamber must apply to the City for funds for special projects a short time before they are needed and report to the City afterwards how the funds were used. Discussion followed, during which Councilman Skotnicki stated it is the basic services of the Chamber he has trouble reconciling. A motion was made and seconded to approve the agreement in concept and instruct staff to request the Chamber to submit their 1976-77 budget proposals. An alternate motion was offered to approve the agreement with the first paragraph amended to eliminate reference to inducing residental, business and commercial activity, leaving only that portion concerned with tourists visiting and vacationing in Carlsbad. The motion failed for lack of a second after brief discussion. The original motion to approve the agreement in concept and instruct staff to request the Chamber to submit their 1976-77 budget pro- posals was adopted. [68] 24. AGENDA BILL #3648 - REGIONAL AIR QUALITY [85] STRATEGIES. r761 A presentation was made on the report of the San Diego Air Quality Planning Team dated April 1976, entitled, "Regional Air Quality Strategies for the San Diego Air Basin". Making the presentation were Mr. Mike Aulick of the Comprehensive Planning Organization, and Mr. Bill Simmons, San Diego Air Pollution Control District. Also present was Mr. Dick Grob, California Department of Transportation. Following their presentation, Mr. Simmons requested that the Council take action, prefer- ably at its next regular meeting, to implement one of the Regional Air Quality Strategies for reducing pollution presented in the report, and stated he would leave with the staff a draft resolution the Council might consider for adoption. 25. AGENDA BILL #3649 - APPOINTMENT TO PLANNING COMMISSION. It was agreed that action on this matter be deferred until the next regular meeting. I 87 Motion Ayes I xxx I ~ 1 ~ CITY OF CARLSBAD COUNCILME1 - B D -7- May 4, 1976 I ~~~ CITY COUNCIL ADDITIONAL BUSINESS: [lo51 Councilman Skotnicki reported that he had attended a Disaster Council meeting as an alternate, and that the Emergency Services Organization budget, and this City's alloca- tion, will be about the same as the previous year. [92] Joint Advisory Committee (JAC) Councilman Skotnicki stated that JAC is con- sidering the necessary qualifications for hiring a general manager in connection with the gradual change of operation of the plant. Discussion followed concerning the City's participation in hiring and its responsibility thereafter. Mr. Skotnicki'also advised the Council that in spite of thorough investigation, Digester No. 3 continues to experience the foaming problem and consequent odor, and no immediate solution can be expected. Councilman Skotnicki further reported on the progress of the grant application through the State and Federal levels, and urged the Council members to read the correspondence pertaining to this matter which details the problems and questions and comments from the EPA. [37] Aerial Photograph--Council Chamber Councilwoman Casler noted that the aerial photo- graph of the City has been removed from the Council Chamber. The City Manager stated that it was out of date. [70] Pool Architect Selection Committee C371 Councilman Lewis reported that the Committee has narrowed the selection down to two firms, and will meet again to make a final selection which will be reported to the Council. [28] Mayor's Youth Committee Mayor Frazee reported that a meeting was held to discuss the possibility of restructuring bylaws which the Committee wishes to adopt, and the matter will be on the agenda at some future time. CITY MANAGER ADDITIONAL BUSINESS: ~681 League of California Cities Mr. Bussey noted the League has distributed a new quarterly newsletter and pamphlet outlining meetings. He recommended that Council members contact his office in order to make reservation! for the upcoming meetings. Mayor Frazee informed the Council that it is the League's intention to construct a new building in Sacramento to house the League, with two floors of rentals and one for parking. I I > %% CITY OF CARLSBAD COUNCILME1 bl -8- pp!J May 4, 1976 $9 The financing proposed would require a double assessment for each City. Mayor Frazee also stated that a number of pieces of legislation was reviewed at the League's meeting in Palm Springs. EXECUTIVE SESSION: Mayor Frazee called for an Executive Session at 9:45 P.M. for the purpose of meeting with the City's wage negotiators. The Council recon- vened at 10:45 P.M., with all Council members present, and the Mayor announced the purpose of the Executive Session was to meet and confer with the City's wage negotiators. At the suggestion of the City Manager, it was agreed that no work session would be held on Tuesday, May 11, 1976. ADJOURNMENT: By proper motion, the meeting was adjourned at 10:45 P.M. Respectfully submitted, MARGA T E. ADAMS City Xr k PATRICIA REIGLE, Recording Secretary B w dZ@L D