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HomeMy WebLinkAbout1976-07-20; City Council; MinutesB D 1 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 20, 1976 Fime of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ROLL CALL: 1 INVOCATION was offered by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: Minutes of the adjourned regular meeting held June 29, 1976, were approved as presented. Minutes of the regular meeting held July 6, 1976 were approved as corrected. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $258,568.66; Water Operations $62,624.54; Investments $875,000; Net Payroll Transfer $85,000.82; for a total of $1,281,194.12, for the period July 1, 1976 thru July 15, 1976, as certified by the Director of Finance and approved by the Audit ing Committee. I Ratification was given the payment of the Payroll in the amount of $132,616.96 for the period .June 28, 1976 thru July 11, 1976, as certified by the Director of Finance and approved by- the Auditing Committee. CONSENT CALENDAR: Councilwoman Casler requested Item Nos."3 and 7 be removed from the Consent Calendar. The following items, with the exception of Item Nos. 3 and 7, were approved by one motion, affirm ing the action on the Consent Calendar: 1. AGENDA BILL #3391 - Supplement #2 - FINAL ["' MAP APPROVAL - LA COSTA NUEVA. The Final Map for CT 75-3, located on the northwest corner of I Jerez Court at Gibralter, was approved. I [681 2. AGENDA BILL #3684 - Supplement #1 - REORGANI- ZATION OF CRIMINAL JUSTICE PLANNING BOARD. Re- solution No. 3963, expressing its concurrent support for the establishment of the San Dieqo Regional Criminal Justice Plannl'ng Board, was adopted. 4. AGENDA BILL #3712 - DISPOSITION OF OBSOLETE c841 PROPERTY. Resolution No. 3967, declaring certain items of equipment as obsolete, and authorizing the disposal of such items, was adopted. C971 5. AGENDA BILL #3713 - STREET CLOSURE LA COSTA E991 Resolution No. 3968, temporarily closing a por- tion of La Costa Streets, subject ____1 to certain conditions, was adopted. C88l 6. AGENDA BILL #3714 - ENFORCEMENT OF HEALTH CODE RELATING.TO WELLS. Resolution N-o. 3969, authorizing the San Diego.Director of Public Health to enforce the provisions of Ordinance No. 4015 relating to the construction, repair, reconstruction or destruction of wells within the City of Carlsbad. COUNCILME Motion Ayes XXI 1 Motion XXI Ayes X Motion XX) - Ayes X CITY OF CARLSBAD 111 D C 4 -2- July 20, 1976 [SI] 8. AGENDA BILL #3716 - QUITCLAIM OF WATER LINE [110] [lo71 given the Mayor to execute a Quitclaim Deed for EASEMENT - BUENA VISTA GARDENS. Authorization wa water line easement over portion of Lots 2 throug 8, Map No. 2492. [74] 9. AGENDA BILL #3707 - SALARY PLAN ADOPTION - [2g] EXECUTIVE AND ADMINISTRATIVE PERSONNEL. Resolu- [So] tion No. -3956, adopting Salary Plan for 'certain Executive and Administrative Personnel for the 1976-77 Fiscal Year, was adopted. [74] 10. AGENDA BILL #3717 - MEMORANDUM OF UNDERSTAND- [78] ING - CARLSBAD POLICE OFFICER'S ASSOCIATION. Re- solution No. 3970, adopting a Memorandum of Under- standing between representatives of Management and the Carlsbad Police 0fficer''s Association, was adopted. [74] 11. AGENDA BILL #3718 - MEMORANDUM OF UNDERSTAND- [51] ING - CARLSBAD FIREFIGHTER'S ASSOCIATION. Resolu- tion No. 3971, adopting a Memorandum of Understand ing between representatives of Management and the Carlsbad Firefighter's Association, Inc., was adopted. [74] 11-A. AGENDA BILL #3720 - SALARY PLAN - LOCAL SAFE- [29] TY (POLICE AND FIRE) FISCAL YEAR 1976-77. Resolu- [50] tion No. 3972, adopting a Salary Plan for local Safety Police and Fire Employees for Fiscal Year 1976-77 and rescinding portions of Resolution No. 3700, was adopted. ITEMS REMOVED FROM CONSENT CALENDAR: I [gg] 3. AGENDA BILL #2144 - Supplement #9 - FINAL MAP [io71 APPROVAL/ACCEPTA,NCE OF STREETS - RANCHO DEL PON- DEROSA - PONDEROSA HOMES. Councilwoman Casler stated she had requested this item removed from the Consent Calendar as she would like to vote "NO' as she has done in the past on this matter. The following Resolutions were adopted by title only: Resolution No. 3964, ACCEPTTNG FOR PUBLIC STREET PURPOSES CERTAIN PREVIOUSLY REJECTED EASEMENTS REQUIRED BY CARLSBAD TRACT 73-18 - UNIT NO. 1. Resolution No. 3965, ACCEPTING FOR PUBLIC STREET PURPOSES CERTATN PREVIOUSLY REJECTED EASEMENTS REQUIRED BY CARLSBAD TRACT 73-18, UNIT NO. 2. - Resolution No. 3966, ACCEPTING FOR PUBLIC STREET PURPOSES CERTAIN PREVIOUSLY REJECTED EASEMENTS REQUIRED BY CARLSBAD TRACT 73-18, UNIT NO. 3. It was moved that the Final Map for Carlsbad Tract 73-18, Unit No. 4 and 5, be approved. ~411 7. AGENDA BILL #3715 - LATE CLAIM AGAINST THE CITY - ROBERT R.. CAGGIANO. Councilwoman Casler posed a number of questions to the Public Works Administrator regarding the. late claim filed by Mr. Caggiano as a result of a sewer problem. Following an explanation by the Public Works Ad- ministrator, Councilwoman Casler and Councilman Skotnicki expressed concern as to the disposition of the claim. COUNCILME Motion Ayes Noes xxx Motion Ayes x x:x Noes Motion Ayes xxx Noes Motion Noes ' Ayes xxx I 9 CITY OF CARLSBAD -3- Jbly 20, 1976 1 A motion was made that the Late Claim be denied and the City Attorney be directed to refer the claim to the City"s Insurance Carrier; further, that the City Manager be instructed to report back to the City Council with the action taken by the Insurance Carrier. By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived: ORDINANCES FOR ADOPTION: U141 12. AGENDA BILL #3681 - Supplement #1 - ZONE C431 CODE AMENDMENT - CARNIVALS. The following Ordinance was iven a second read- ing by title only and adopte ?i : 0RDINANCE.NO. 9466, AMENDING TITLE 21, CHAPTER 21.42, SECTION 21.42.010, OF THE CARLSBAD MUNI- I CIPAL-CODE BY THE AMENDMENT OF SUBSECTION (2) (D) TO AUTHORIZE THE CITY MANAGER TO GRANT A CONDI- TIONAL USE PERMIT FOR CIRCUSES AND CARNIVALS UP TO FIVE (5) DAYS, u141 A motion was made that Item #15 of the Agenda be taken out of Agenda Order and discussed prior to the Public Hearings. The motion was given a second by Counci-lman Packard, for discussion. Due to lack of a majority vote, the motion fail- ed and the Mayor called for the next item. PUBLIC HEARINGS: 13. AGENDA BILL #3719 - ZONE CODE AMENDMENT - SUBSTANDARD LOT FRONTAGE. The Planning Director gave a staff report on this matter and answered questions by the Council The Mayor inquired if anyone wished to be heard and since no one wished to be heard, the Mayor declared the Public Hearing closed at 7:32 P.M. Some discussion was held by the Council with re- gard to the intent of Item #9, Section 3 of the draft ordinance addressing the subject of trash enclosures. The intent of Item #9 was clarified by the Planning Director. It was moved that the City Attorney be instruct- ed to prepare the documents necessary for approval of ZCA-72 as contained in the draft ordinance dated June 2, 1976, marked "Exhibit 'A'" and modified by Planning Commission Resolu- tion No. 1259 and that the City Attorney be instructed to define more clearly Item #9 of Section 3 of the Draft Ordinance regarding trash enclosures. [ 301 14. AGENDA BILL #3721 - FREESTANDING SIGNS AND ~141 COMMUNITY IDENTITY SIGNS. The Mayor announced that a letter dated July 16, 1976 had been received from John I. Loy, Attor.- ney, representing the applicant, requesting a continuance of this matter to August 17, 1976. It was moved that the matter,be continued to the regular meeting to be held August 17, 1976 as requested by the applicant's representative. COUNClLMEl Motion xxx Ayes X Motion xx Noes X Ayes X I I ~ Motion Ayes xi x x Motion xxx Ayes X 'g 1 CITY OF CARLSBAD -4- July 20, 1976 1 C291 14-A. AGENDA BILL #3725 - CITY OF CARLSBAD FINAL c501 OPERATING BUDGET - FISCAL YEAR 1976-77. I The City Manager stated a number of workshop mee ings have been held prior to this matter being placed on the Agenda for Public Hearing. He gav a brief staff report reviewing a number of changes made during the workshop sessions. i MR. LEW PRITTEN, 330 Chinquapin Ave., Carlsbad, was heard by the Council with regard to the allocation to the Chamber of Commerce and also' expressed the desi,re that a study be done for the improvement of Washington St. between Elm Avenue and Tamarack Ave. to alleviate some of the traffic. No one else wished to be heard and the Public Hearing was closed at :7:55 P.M. I Comments were made by each of the Council Mem- bers regarding their opinion in connection with the budget and brief discussion was held. The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: _I RESOLUTION 'NO. 3975, ADOPTING-A FINAL OPERATING BUDGET FOR THE FrSCAL YEAR 1976-77 FOR THE CITY OF CARLSBAD AND ESTABLISHING CONTROLS ON CHARGES IN APPROPRIATIONS FOR THE VA-RIOUS DEPARTMENTS AND FUNDS. RECESS: Mayor Frazee called for a recess .at 8:12 P.M. and the Counc41 reconvened at 8:24 P.M. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: I City Clerk. I 1751 15. AGENDA BILL #3722 - REFERENDUM PETITION. I Mayor Frazee asked the City Attorney if he could participate fn this matter. The City Attorney informed the Mayor that he would not be able to do so based on the optni'on from the Fair Pol.iti= cal Practices Commission. The Mayor announced that he would abstain from participation in this matter and relinquishedtl Chair to Vice-Mayor Lewis. The City Clerk presented thel'certificate of Re- sults of Examination of Referendum Petition". The City Council reviewed and discussed the Cit Attorney's Opfnion regarding the Petition Pro-. testing the Adoption of Ordinance No. 9456, dated July 19, 1976. By proper motion, it was moved to reaffirm Ordi nance No. 9456 and declare that it be reinstate to full force and effect and thus not subject to the referendum process. Pub1 ic Works. I i - le Y - d E641 16. AGENDA BILL #3641 - Supplement #1 - 1.976-77 [451 - LIGHTING MAINTENANCE DISTRICTS. I I A staff report was given by the Public Works Dir ector and the following Resolutions were adopted by title only: t COUNCilMEi - Mot i on Ayes X Noes xx ~ I Mot i on Ayes Abstained X Noes X X .. T B CITY OF CARLSBAD -5- July 20, 1976 7 - RESOLUTION NO. 3973, CONFIRMING THE SPECIAL ASSESS NO. 1, 2, AND 3. MENT ROLL FOR L976-77 LIGHTING MAINTENANCE DISTRICTS RESOLUTION NO. 3974, AUTHORIZING THE MAYOR TO EXE- CUTE A CONTRACT WITH THE SAN DIEGO GAS & ELECTRIC COMPANY FOR THE MAINTENANCE AND OPERATION. OF THE CITY STREET LIGHTING SYSTEM FOR 1976-77. E1041 17. AGENDA BILL #3360 - Supplement #1 - FEDERAL AID URBAN (FAU) PROGRAM - MODIFICATION OF FAU SELECTION PROCESS. Following a staff report by the Public Works Admini, strator, the Mayor gave a brief report on this matter and some discussion was held with regard.to the North County Transportation District's view regar-ding "roll ing stock". It was moved that the revised organization and selection process be approved and that the appoint. ment of the Public Works Administrator as the City's representative to the FAU Project's Advis- ory Committee be reconfirmed. [811 18. AGENDA BILL #2207 - Supplement #1 - QUITCLAIM [991 F ACCESS RIGHTS - PALOMAR AIRPORT INDUSTRIAL .PARK (Cabot, Cabot & Forbes). The Mayor announced that a request for a continu- ance of this matter was received. The City Mana- ger stated a phone request for a continuance was received by him from Carl Buchanon, Vice-president of the firm of Peter A. Lendrum Associates,.repre- senting the applicant and the request was that a continuance be granted to August 3, 1976. It was moved that the request be granted and the matter be continued to the regular meeting to be held August 3, 1976. City Manager. [loa] 19. AGENDA BILL #3723 - TRANSIENT OCCUPANCY TAX. [671' The City Manager stated he met with. Members of the Parks and Recreation Commission and answered questions from the Library regarding the proposed ordinance concerning Transient Occupancy Tax and explained Senate Bill 90 (SB 90). He stated that while the Parks and Recreation Commission express ed concerns, they understaod the Counci1"s action completely. The following Ordiance was introduced for a first reading by ti'tle only: ORDINANCE NO. 1193, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE, BY THE DELETION OF SECTION 3.12.150 TO REMOVE THE RESTRICTIONS ON TRANSIENT OCCUPANCY TAX. names of Ida Westree and Molly Acuna at the last Council Meeting for consideration of appointment to the Committee on Senior Citizenl's Affairs. [28] 20. Mayor Frazee stated he had mentioned the COUNCILME - Motion - Ayes xxx I Motion XI x x Ayes x1 ~ I Motion Ayes xxx .- CITY OF CARLSBAD -6- July 20, 1976 He then 'off'e-red those names for nomination to that Committee. The nomination of Ida Westree for re- appointment and Molly Acuna for appointment to the Committee on Senior Citizen's Affairs was seconded by Councilwoman Casler. Councilman Skotnicki stated he felt str'ongly that anyone appointed to the Committee on Senior Cl'ti- Zen's Affairs should not consecutively be serving a term on the Board of Directors of the Senior Citizen's Association. The following Resolution was adopted by title only appo4nting Mo?ly Acuna and reappointing Ida Westrer to the Committee on Senior Citizen's Affairs. RESOLUTION NO. 3960, APPOINTING TWO MEMBERS TO THE CITY OF CARLSBAD COMMITTEE ON SENIOR CTTIZEN1.S I AFFAIRS. I [28] 21. AGENDA BILL #3710 - APPOINTMENT TO CITY OF CARLSBAD HOU.SING COMMISSI'ON. I Mayor Frazee announced the name of Michael Straub was mentioned for consideration to serve on the Housing Comiss.ion at the last Council meeting. The following Resoluti,on was adopted appointing Michael Straub as a member of the Housing Commission RESOLUTI'ON 'NO'.: 39.61 , APPOINTING A MEMBER TO THE CARLSBAD HOUSING COMMISSTON. - CITY COUNCIL 'ADDI'TIONAL BUSINESS: Coun..cil. Committee Reports were gi'ven and no action was taken. The subject of an Ordinance prohibiting drinking on the beach and a'lso control of block parties was discussed. The City Manager stated a report would be forthcoming on both these items. Council woman Casler requested that the City Attorney offer an opinion regarding the posting of a bond for damage to other peop1e"s property in connec- tion with block parties and that h,is opinion be included in the report. Mayor Frazee stated a letter from the Chamber of Commerce requesting Council Action regarding drinking had been receivec EXECUTIVE SESSION: Mayor Frazee ca1l.ed for an Executl've Session for the purpose of discussing Personnel at 9:40 P.M. and the Council reconvened, with all Members pre- sent, at 10:40 P.M. The Mayor announced.the pur- pose of the Executive Session was to discuss Per- sonnel and no announcement is being made at this time. Councilman Lewis stated he will be out of town from July 25th through July 29, 1976, and Council- man Packard stated he would be out of. town August 16th through August 21, 1976. COUNCILME d l ~ Motion Ayes Noes Motion Ayes X xx ) X xxx .- CITY OF CARLSBAD COUNCILME -7- .' R\ July 20, 1976 /5 2 ADJOURNMENT: By proper motion, the meeting was adjourned at Motion 10:44 P.M., to Monday, July 26, 1976 at 5:OO P.M., in the Council Chambers. XX) Ayes Respectfully submitted, B T!drq- MARGAR T E. ADAMS, City Clerk -. Nora K. Gardiner, Recording Secretary D