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HomeMy WebLinkAbout1976-05-18; City Council; Minutes- B B CITY OF CARLSBAD IC Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 18, 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 adjourned regular meeting held April 27, 1976, and the regular meeting held Elay 4, 1976, were approved as presented. In reply to Councilwoman C.asler's inquiry with regard to a new aerial photograph for the Counci Chamber, the City Manager stated that the staff will pursue the matter. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $190,474.70; Water Department $13,783.94 , for a total of $204,258.64 for the period May 1, .' 1976 through May 15, 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 $124,385.81 for the period April 79, 1976 through May 2, 1976, as certified by the Director of Finance and approve by the Auditing Committee. CONSENT CALENDAR: Councilman Skotnicki initially requested that Items Nos. 6 and 8 be removed from the Consent Calendar for discussion. This request was revised to pertain only to Item No. 6 after the City Attorney advised that Resolution No. 3905 under Item 8 (Agenda Bill 3654 - Claim Against the City: Edward Neil Cooper) will be corrected to include Subparagraph 3 indicating denial of the claim, which was inadvertently omitted. The following items were approved by one motion affirming the action on the Consent Calendar: [991 1. AGENDA BILL #3629 - SUPPLEMENT ffl - TENTATIV SUBDIVISION MAP APPROVAL - ROYAL HOMES NO. 6 - CARLSBAD DEVELOPMENT CORPORATION. Resolution No. 3902, approving with conditions the tentativ subdivision map for Carlsbad Tract 76-2, was adopted. [741 2. AGENDA BILL #3639 - RECOMMENDED CHANGES TO PERSONNEL - CLASSIFICATION PLAN. Resolution No. 3903, amending Resolution No. 3700 by amend- ment of classification and salary range, was adopted. [70] 3. AGENDA BILL #3552 - SUPPLEMENT #3 - RESTORA- TION OF MAGEE HOUSE - CONTRACT NO. 1034. [451 Res.o'Iution No. 3904, approving plans and speci- fications and authorizing clerk to advertise for bids, was adopted. - 1 d E e COUNCILME1 bt M SV w- 90 Present X X X Mot i on Ayes xxx Motion xxx Ayes X Motion xxx Ayes X Mot i on xxx Ayes X I , I I ~ I ~ 7 B CITY OF CARLSBAD n -L- May 18, 1976 L701 4. AGENDA BILL #3650 - USE OF MAGEE HOUSE. c281 Accepted staff recommendation assigning rooms (designations on Environmental Design, Planning and Graphics drawing attached to Agenda Bill) as follows: rooms B, C, D, E, F and G for exclu- sive use by Bicentennial Historical Society; rooms A, I, J, K, L, M and N for general meetings and classrooms; room M also could be used as a kitchen on a small scale; rooms H and P for public toilets; rooms K and 0 for storage; and room Q for Parks and Recreation Control Center for park and buildings therein. Council reserved the right to review such usage periodically to determine if such use should continue. e451 5. AGENDA BILL #3651 - CITY LEASED PROPERTY. e321 Accepted staff recommendation that Council indi- C971 cate to San Diego Gas and Electric Co. concur- rence that entire beach area should be maintained by State Park and Beach Department, with under- standing that street improvements on Carlsbad Boulevard are included in final Agreement between State and San Diego Gas and Electric Co. I I E991 7. AGENDA BILL #3653 - REFUND OF FILING FEES - e501 LA COSTA LAND COMPANY - (LA COSTA VALE NO. 4). I Authorized a refund of $204.00 to La Costa Land I Company. ~ '[41] 8. AGENDA BILL #3654 - CLAIM AGAINST CITY - EDWARD NEIL COOPER. Resolution No. 3905, denying the claim and directing City Attorney to refer matter to City's insurance carrier, was adopted as corrected to include Subparagraph 3. ITEM REMOVED FROM THE CONSENT CALENDAR: [70] 6. AGENDA BILL #3652 - USE OF HARDING STREET e281 COMMUNITY CENTER. Councilman Skotnicki expressed his feeling that the Council should consider proposals for usage of the entire property before allocating a por- tion for specific use. Councilwoman Casler concurred, stating that the matter should be returned to the Council with a complete report. After brief discussion, it was moved and seconded that the matter~be returned to the staff for possible referral to the Parks and Recreation Commission if necessary, for return to the Council with a complete recommendation for use of the property. PUBLIC HEARINGS: [113] 9. AGENDA BILL #3655 - REQUEST FOR ZONE CHANGE - (ZC-179) - NEWPORT SHORES BUILDERS. A staff report was given by the Planning Director who explained that the zone change is required as a condition of the extension for a revised tract map which the Council previously granted. He referred to a wall map showing the area for which the zone change is requested and property immedi- ately surrounding the area. COUNCILME 91 - Moti Ayes rbfl /( VI, 3 on xxx X I I 7 D D I ~ ~ i I CITY OF CARLSBAD COUNCllMEl -3- May 18, 1976 92 1 I -\ I The Mayor opened the matter for Public Hearing. There being no one present wishing to be heard, the Public Hearing was declared closed at 7:15 P.M. , The requested zone change was approved for the I in Planning Commission Resolution No. 1239, and Ayes I reasons, and subject to the conditions, contained flat i on I the City Attorney instructed to prepare the necessary documents. :[114] 10. AGENDA BILL #3656 - REVISIONS TO PLANNED ~ - COMMUNITY ZONE (P-C) - ZCA-80). I The Planning Director distributed copies of page 6 of the proposed Ordinance, after which he made a lengthy staff report covering the concerns of the Planning Commission, as well as its find- ings and recommendations, and staff's recommenda- tions (as contained in the City Manager's memo- randum of May 12, 1976) with regard to the changes suggested by the Planning Commission in its May 6 memorandum to the Council. The Planning Director then answeredthe Council's questions. No one wished to be heard on this matter, and the Mayor declared the Public Hearing closed at 7:31 P.M. Councilman Skotnicki opened discussion with a review of each of the items addressed in the City Manager's memorandum of May 12. During the following discussion, it was the consensus of the Council that the term "significant" be substituted for the word ''massive" in staff's recommended rewording of Section 12.38.060 (1 )(j) Grading. It was also agreed that the word "substantive" be added to Subparagraph (3) of Section 21.38.110 (page 10 of the proposed Ordinance) as follows: "The City Council shall make no substantive modification ...'I The Council also discussed the matter of a density transfer provision, and the requirement for an economic feasibility report. It was then moved and seconded that the Council concur with the findings and recommendations of Planning Commission Resolution No. 1244 with amendments as recommended in the City Manager's memorandum dated May 12, 1976, and with the minor changes discussed above; and that the City Attorney be instructed to prepare the necessary documents including the changes as discussed. Motion Ayes [114] 11. AGENDA BILL #3657 - ZONE CODE AMENDMENT - PLANNED UNIT DEVELOPMENT (PUD) - ALL ZONES. I The staff report was made by the Planning Director, who reported on the amendments recom- mended by the Planning Commission which are contained in the Commission's memorandum to the Council dated May 6, 1976. Also referred to was a series of graphics displayed on the wall, illustrating uses of the Planned Unit Develop- ment. PW kj m xxx X xxx 1 - I) D CITY OF CARLSBAD -4- May 18, 1976 .c ~~ ~~ MR. BOB LADWIG of Rick Engineering Co. addressed the Council, requesting that consideration be given to changing the setback requirement from 25 feet to 20 feet, and citing the fact that the FHA requirement is 18 1/2 feet for residential zones. Inasmuch as no one else wished to be heard on this matter, the Public Hearing was declared closed at 8:05 P.M. Discussion ensued concerning the setback require ment, during which Planning Department staff member Bud Plender advised that the wording of Section 21.45.120 (2) should be revised to indi- cate a minimum setback of 25 feet from the side- walk line or curb line if no sidewalk exists. It was agreed by the Council that the wording of this provision be so revised. A motion was made that the Council concur with the findings and recommendations of Planning Commission Resolution No. 1245, and instruct the City Attorney to prepare the necessary documents. [1141 12. AGENDA BILL #3658 - ZONE CODE AMENDMENT - AMENDMENT TO FLOODPLAIN OVERLAY ZONE (F-P) - (ZCA-76). Mr. Don Agatep, Planning Director, made the staff report, stating this amendment was initi- ated by the staff and provides for City initiate boundary adjustments. The Mayor declared the Public Hearing open, and as no one wished to be heard, the Hearing was closed at 8:12 P.M. There being no discussion by Council, it was moved that the Council concur with the findings and recommendations of Planning Commission Resolution No. 1242, and instruct the City Attorney to prepare the necessary documents. 11141 13. AGENDA BILL #3659 - ZONE CODE AMENDMENT - OPEN SPACE ZONE (0-S) (ZCA-74). The Planning Director reported the need for the proposed amendment, which would add agriculture to the uses permitted in the Open Space Zone, and the restrictions which would apply. Following the staff report, the Public Hearing was opened, at which time Mr. W, ALLAN KELLY, 3455 Spanish Way, Carlsbad, inquired if green-. houses would be a permitted use. The Planning Director stated that greenhouses would be per- mitted only as support of field crops, and that their appropriate place is in the Agricultural Zone. As no one else wished to be heard on this matter the Mayor declared the Public Hearing closed at 8:15 p.m. - - d Y COUNCILME 93 - Motion Ayes Motion Ayes r * cI\ m kb VI- Z1 * xxx xxx i ~ ~ - B B t CITY OF CARLSBAD -5- May 18, 1976 1 The Council concurred with the findings and re- commendations of Planning Commission Resolution No. 1243, and instructed the City Attorney to prepare the necessary documents. Mayor Frazee announced that Item No. 17 should be a Public Hearing, and with the Council's consent, will be considered at this time. [78] 17. AGENDA BILL #3610 - SUPPLEMENT #1 - POLICING [99] PRIVATE STREETS OR ALLEYS - TIBURON. The City Manager clarified that this matter is to be considered in a Public Hearing, that prop- erty owners have been so notified in accordance with Code provisions, and that the Code does not require publication of a legal notice. The City Manager then made a report as to the requirements of policing private streets. The following persons addressed the Council in support of the request for City enforcement of parking requirements in the Tiburon development: LAWRENCE AVERELL, 2813 Via Diego; JIM GEISELHART, 2610 Via Astuto; DAN DIRKES, 2805 Via Cascada; and MR. ROBINSON, 2524 Via Astuto. There being no additional persons wishing to be heard, the Public Hearing was declared closed at 8:28 P.M. The City Manager advised that the matter of policing criminal activity is not in question as all criminal activity is policed whether it is on private property or not; it is only a question of enforcing the vehicle code. He stated further that staff has no direct opposi- tion to policing the streets, but clarified that the property owners, through their association, have the right to enforce their own parking regulations. Discussion followed concerning the possibility of similar requests from other developments experiencing the same problems. It was noted that no other development has been granted policing service on private roads. Councilman Packard stated he foresees a future problem to the City if a precedent is set in this area, and expressed concern regarding the long range effects of granting this request. The Mayor commented that the Council could rescind its action should there be problems in the future. Councilman Skotnicki expressed the hope that the Police Department would keep records to show how much effort it takes to police these streets, at least on a test basis for the first six months. RESOLUTION NO. 3906, MAKING THE PROVISIONS OF TAIN PRIVATELY OWNED AND MAINTAINED ROADS IN THE TIBURON AREA, was adopted by title only and further reading was waived. THE CALIFORNIA VEHICLE CODE APPLICABLE TO CER- COUNCILME1 9'1 Mot i on Ayes Motion Ayes Noes X xxx - B 0 CITY OF CARLSBAD - -6- May 18, 1976 - - RECESS: Mayor Frazee called for a recess at 8:43 P.M. and the Council reconvened at 9:00 P.M. with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Publ ic Works. [451 14. AGENDA BILL #3492 - SUPPLEMENT #4 - MODI- FICATION OF CITY HALL CLIMATE CONTROL SYSTEM - CONTRACT NO. 1027. The Public Works Administrator reported that work under the contract has been completed, and that only minor remedial work remains whi.ch. will be accomplished by City forces. A motion was made that the work be accepted and the City Clerk directed to record the Notice of Completion and release all bonds 35 days after recordation. [lo41 15. AGENDA BILL #3660 - FEDERAL AID URBAN (FAU) PROGRAM - MODIFICATION OF FAU SELECTION PROCESS. I Publ ic Works Administrator, Mr. Beckman, reported the background of the requested modification, citing the requirement that transit agencies be represented, and the problems previously en- countered with respect to the approval process. Discussion followed, after which it was moved that the City representative to THAC be instruc- ted to support (a) The inclusion of NCTD and MTDB as voting members of THAC; and (b) modifi- cation of the approval process to approve the project list prior to transmittal to CPO. [lo51 c 1041 c 681 16. AGENDA BILL #3661 - 1976-78 FEDERAL AID URBAN PROGRAM. Staff report was made by the Public Works Administrator on the revised projects list. He also informed the Council that the City's bridge replacement project has been made number two on the priority list for this district, and if the County receives its share of the funds, the project should be eligible for funding. Discussion ensued during which it was noted that the funds for bicycle projects are no longer allotted on a city-by-city basis, but are given out on the basis of a region-wide priority list. , Councilman Skotnicki stated he feels the Carlsbad ~ I be shown in the Capital Improvement Program. Boulevard, Agua Hedionda Bridge project should I The revised projects list submitted by City for the 1976-78 Federal Aid Urban Program and CPO Transportation Improvement Program (1976-80), was approved. COUNClLMEl 75 I I Mot i on Ayes Motion Ayes Motion Ayes xxx X xxx xxx - D 0 - CITY OF CARLSBAD - -7 - May 18, 1976 ~~~~~~~ City Manager. [28] 18. AGENDA BILL #3662 - FUNDING REQUEST - 1501 BICENTENNIAL ROTARY SUBCOMMITTEE. The City Manager made a brief staff report on the subject matter. RESOLUTION NO. 3907, AUTHORIZING THE EXPENDITURE OF FUNDS FOR 4TH OF JULY COMMUNITY CELEBRATION, was adopted by title only, and further reading was waived. Clayor Frazee recommended Councilman Packard and Councilwoman Casler be appointed to a committee to include the City Manager and meet weekly to review specific requests for disbursement of the requested funds. The Council concurred and the above committee was formed. E971 19. AGENDA BILL #3611 - SUPPLEMENT #2 - ELM AVENUE EXTENSION. The City Manager reported the history of this matter and informed the Board that he has been advised that the property owner has signed the amended escrow instructions and deposited same in escrow. Discussion was held concerning the possible costs of litigation, and the delay and other disadvantages of condemnation proceedings, after which the Mayor was authorized to sign amended escrow instructions upon notification by the escrow holder that the seller has de- posited signed escrow instructions at the re- negotiated price of $16,500.00. [31] 20. AGENDA BILL #3663 - REQUEST FOR REFUND OF BUSINESS LICENSE FEE - JOHN RUSH. The City Manager presented the staff report and answered the Council's questions. It was then moved that, in view of the fact that the business license was in effect only since April 1, 1976, a refund be granted of that amount of the license fee above the minimum $15.00 fee which must be retained as provided by ordinance. C761 21. AGENDA BILL #3649 - APPOIINTMENT TO THE PLANNING COMMISSION. Mayor Frazee announced that Mr. Lewis L. Chase, whom the Mayor had previously nominated to fill the Planning Commission vacancy, has by letter withdrawn his name from consideration. The Mayor then nominated for the Council's consider- ation at its next regular meeting, the name of Jerry Rombotis to fill the vacancy. CITY COUNCIL ADDITIONAL BUSINESS: E921 Joint Advisory Committee (JAC). Councilman Skotnicki informed the Council of the most recent developments with regard to I COUNCILME1 c/d - Motion Ayes Motion Ayes Motion Ayes xxx xxx X xxx - B 1) I ~ ~ ~ CITY OF CARLSBAD -8- Flay 18, 1976 1 I ~ the Encina Nater Pollution Control Facility expansion project, and an alternate to be dis- cussed at the JAC meeting on May 19, which would provide for designing the project for expansion to 18 MGD, but construction of only three of the proposed four bio-filters and secondary clari- fiers. Councilman Skotnicki then reported on the pre- liminary JAC budget, which will be discussed at a later date. [68] Overall Economic Development Plan for San Diego Countv. h Councilman Skotnicki introduced the matter, advising the Council that he has received a request for an up-date of the City's projects for the Overall Economic Development Plan for San Diego County; namely, the extension of Marron Road and the Parking Authority parking lot, and the revitalization of the inner-City. Discussion followed, and the Council referred the matter to staff for study and report. 1681 Council Committee Reports. [621 I Councilman Lewis gave several committee reports; no action was taken. I The Mayor reported on the CPO meeting held May 17, 1976, and League of California Cities activities. He also reported on a bill which would impose restrictions that would make it virtually impos- sible to form special districts within cities, and advised that Assemblyman Craven will keep the Council informed on this legislation. CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney briefly reported on several matters which will be coming before the Council, and on the League of California Cities' Spring Conference for City Attorneys. E421 RESOLUTION OF COMMENDATION. The Council directed that a Resolution of com- mendation be prepared commending the Carlsbad High School Athletic Department for its numerous championship teams and indicating the Council's interest and support of its activities. - EXECUTIVE SESSION: I Mayor Frazee called for an Executive Session at 10:17 P.M. for the purpose of meeting with the City's wage negotiators. The Council reconvened at 11:lO P.M. with all Council members present, and the Mayor announced the purpose of the Executive Session had been to meet and confer with the City's wage negotiators. COUNCllMEl 97 -3 Mot i on Ayes c u n\ 1% - X xxx *. CITY OF CARLSBAD COUNCILME rwd -9- l# e May 18, 1976 9s s I ADJOURNMENT: By proper motion, the meeting was adjourned at 11:15 P.M. to Thursday, May 27, 1976, at 7:OO P.M. in the Council Chambers. Respectfully submitted, B m-c - 7- MARGARET E. ADAMS, City Clerk Patricia Reigle, Recording Secretary m