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HomeMy WebLinkAbout1976-08-17; City Council; Minutes1 CITY OF . CARLS cmJNCltM! Time of Meeting: 7:OO P.M. INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE w'as gtven. , APPROVAL OF MINUTES: CONSENT CALENDAR: The following items were approved by one motion; affirming the action on the Consent Calendar: C991 1. a AGENDA BILL #808 - Supplement #4 - ACCEPTANCE $6,008.27. 3. AGENDA BILL #3240 - Supp1emen.t #7' - FIRE DEVELOPMENT CORPORATION. Final Map for Carlsbad .Tract 74-5A, Royal Home Unit No. 5, was approved.. [451 5. AGENDA BILL #3631 - S.u lement #2 - LA.G.UNA ~701 RIVERA COMFORT STATION - CPhTRACT NO. 1036 - CHANGE ORDER NO. 1. Change Order No. 1, Contract No. 1036, was approved, and.the City Engineer directed to execute the Change Order. CITY OF CARLS rxWNe;tt,Ml -2- [99] 6. AGENDA BILL #3731 - Supplement #l - PROPOSED TENTATIVE SUBDIVISION - JOHN McCOY (CARLSBAD DEVELOPMENT CORPORATION). Resolution #3987 , approving with conditions Tentative Map for Carlsba Tract.76-6, was adopted. [72] 7. AGENDA BILL #3734 - NO PARKING ZONE - TAMARACK [78] AVENUE AT VALLEY STRxEET. Resolution #3988, desig- nating a parking restriction on the south si,de of Tama'rack Avenue at Valley Street, was adopted. [41] 8. AGENDA BILL #3735 - CLAIM AGAINST CITY - PEDRO ~LOPEZ: Resolution #3989, denying a claim against the City, was adopted. [74] 9. AGENDA BILL #3736 - SALARY ADJUSTMENTS - CITY [37] COUNCIL APPOINTED PERSONNEL. Resolution #3990, [SO] adopting Salary Plan for City Council appointed personnel, was adopted. PUBLIC HEARINGS: r [114] 10. AGENDA BILL #3721 - FREESTANDING SIGNS AND [96] COMMUNITY IDENTITY SIGNS. c301 d The Planning Direct0.r-gave ,a staff report, review- ing the request submitted by "Car Country" and Tri- City Auto Dealers Association for additional free- standing sigGs. Further, he reviewed briefly the current Ordinance and possible alternatives. The Mayor asked.if anyone wished to be heard. Mr. John Loy, 810- Mission Avenue, Oceamside, CAY ad- dressed the Council, noting that many manufacturers will not permit their franchise dealers to have more than one identity sign on a freestanding sign. Therefore, because of the sign limitations, the dealers feel they are losing some sales and.revenue to the City because they .are not getting the identity. Mr. Loy further stated that they could "1 ive with" the 200 foot.separati0.n restriction; and though th Conditional Use Permit would be burdensome, they' could also "live with" that requirement. However, he felt that the recommendation that the signs be limited to 8 feet would not produce what they need in the way of identity. He distributed sets of six .photographs to Council, indicating different views of the area, and requested th.ey be given the option of choosing either monument or pole signs. Mr. Robert Knauf, 810 Mission Avenue, Oceanside, C addressed the Council. He stated that he wanted t clarify that they were not asking for special con- sideration. He quoted figures.from the year 1975 and recent 1976 figures as to the -sales tax reve- nue received by the City, and the out-of-County sales. He stated that he felt additional identity signs would increase those figures. Mr. Knauf then responded to questions by the Council. e' A 0 CITY OF , CA rnNCIkMl psll B. B B -3- ~ 1 I j Mr. Don Albert, 7625 Volclay, San Dieg.0, 'CAY an employee of Home Federal Savings, addressed the Council. He .stated he had no interest in "Car I Country", but was interested in large devel.opments. , He further stated that he f,elt the 0rd.inance should be changed as it would benefit the City. No one else wished to be heard, so the Mayor de- clared the Public Hearing closed at 7:50 P.M. Discussion ensued with regard to existing signs and the possible future effect on currently undeveloped bility of creating entrance sign.s as.opposed to additional freestanding signs. ' areas.' Councilman S-kotnicki questioned the possi- a I I It was moved that Council instruct the City Attorne .to prepare an Ordinance for introduction in con- currence with Draft Ordinance, Exhi bit ''A", I.tems I (a) t.hru (f), with the *inclusion of 100 fe.et from property line *limitation'. RECESS: Mayor Frazee called for a recess at 8:27 P.M. and the Council reconvened at 8:39 P.M. with four Council Members present. C991 11'. AGENDA BILL #3737 - PROPOSED TENTATIVE SUB- DIVISION - JACK GLEASON - NEWPORT SHORES BUILDERS. The Pla.nning Director gave a brief staff report summarizing the background on this matter. The Mayor asked. if anyone wished to be, heard.. Mr. Beach, CA, stated that he agreed with the recom- mendation and understands the requirements. No one else wished to be heprd, so .the Mayor de- clared the-Public Hearing closed at 8:43 P.M. It was moved that Council instruct the City Attor.- ney to prepare the necessary documents for approval of the Subdivision. . Jack Gleason, 20951 Brookhurst Street, Huntington E371 12. AGENDA BILL #3730 - Supplement #1 - CONFLICT OF INTEREST - LOCAL CONFLICT OF INTEREST CODE. The City Attorney gave a brief report outlining the requirement for adopting a local Conflict of Interest Code. The Mayor asked if anyone wished to be .heard. Mr. Lou Pritten, 330 Chinquapin Avenue, Carlsbad, CA addressed the Council stating he felt the proposed Code had too many grey areas that needed to be tightened. He felt involvement. with a Savings & Loan, Bank, real estate, or indirect involvement with builders would be examples of the g,rey area. Mr. R. Hassan, 5262 Carlsbad Boulevard, Carlsbad, CAY addressed the Council questioning the need to adopt a local Conflict of Interest Code. He felt in Title 2 of the Carlsbad'Ordinance there were ample instructions and penalties, and the enforce- ment of the existing Ordinance would be sufficient. It5 a P Motion Ayes Motion Ayes lllclpl B B D CITY OF . CARLS -4- Auaust 17. 1976 - u I~ 1 ~~ ~~ ~ ~ Mr. George Flanders, 2168 Chestnut, Ca.rlS,bad, CAY addressed the Council questioning a particular Section of the Code as to a Council Member having a conflict of interest, yet his.vote would be. needed to have a quorum. ,The Mayor asked if anyone else wished to be heard. No one else did, so the Mayor declared the Public Hearing closed at 9:07 P..M. The City Attoyney then responded to.the questions raised at the Public Hearing, and further questions ' of Counci 1. The following Resolution was adopted'by title only: c RESOLUTION NO. 3985, ADOPTING A CONFLICT'OF INTERES' .. CODE APPLICABLE TO MEMBERS OF THE CITY COUNCIL PUR-, SUANT TO THE POLITICAL REFORM ACT OF 1974. HOUSI.NG AUTHORITY: J The Council adjourned to the Housing Authority at 9:27 P.M. and reconvened at 9:29 P.M., with four. Counci 1 members present. CARLSBAD REDEVELOPMENT AGENCY: The Council adjourned to the Carlsbad Redevelopment Agency at 9:30 P.M.., and reconvened at 9:37 P.M., with fo-ur Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS:. Planning I I- By minu.te motion, the reading af the text of the Ordinances before the Council at this meeting was waived. I 11141 13. AGENDA BILL #3719 - ZONE CODE AMENDMENT - SU,B- 1 STANDARD LOT FRONTAGE. I i Councilman Skotnicki posed the question as to ~ whether trash enclosures we.re to have been required i It was .determined that they were to be optional, as presented in the pro'posed Ordinance. The'Tollowing Ordinance was introduced for a first reading by title only: I ORDINANCE NO. 9467, AMENDING VARIOUS CHAPTERS AND SELECTIONS OF TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE REGULATIONS REGARDING PANHANDLE LOTS.. [43] 14. AGENDA BILL #3700 - Supplement #1 - PLANNING COMMISSION REPORT - CONDITIONAL USE PERMIT-- JAMES. GAISER. .. The Planning Director gave a report as to the back- ground of this matter, and its current status. After lengthy discussion, it was the general con- census of the Council that t.he 6-month Conditional Use Permit granted to Mr. Gaiser at the meeting held July 6, 1976, would be effective from that July 6, 1976, date. CCXJMCf LM L2 / ~ 1 I j Motion Ayes Motion Ayes Motion Ayes CITY' OF CARLS5AD - B. .. B B -5- Auqust 17, 1976 t 1 It was moved that the matter be referred-to Staff with instructions to get an interpretation of . Section 2203, regarding non-rated buildings in Fire Zone 11, at the next scheduled meetin,g of the Advisory and Appeals Board. [57] 15. 'AGENDA BILL #3738 - TRAVEL SERVICE LAND USE. The Planning Director gave a Staff Report on the matter and responded to questions of the Council. It was moved that Council delete from the TS cate- .gory of the Land Use Element, Subcategory 2 relat- ing to Travel Dependent uses; and amend the Land Use Map for the TS district north of' Airport Road, west of 1-5 to provide for a form of commercial development for the northerly 1.7 a-cre portion of the property. It was moved that a commercial tourist zone that, provides for such uses as hotels, motels, restaur- ants and service stations be created. The motion was secon.ded, but failed for lack of a majority. It was moved to continue discussion of this item until the next regul.ar meeting: Mayor Frazee seconded the motion, but the motion failed for lack of a majority. No further action was taken. \ [701 ,16. AGENDA BILL #3739 - DUCK LANDING - PLANNING C241 EMMISSION MEMORANDUM. I The Planning Director gave a brief Staff Report and responded to questions of the Council. I It was moved that Staff.be,directed to provide for. a four-foot high fence al.ong the westerly side of Jefferson in the vicinity of the duck landing, witt a proper egress and ingress; and that a community group or service club be encouraged to des'ign and improve the duck 1andi.ng. 1 d [571 17. AGENDA BILL #3740 - SUGGEST LAND.USE STUDY. The Planning Director gave a Staff Report with the aid of four transparencies, and responded to que-s-tions of the Council. It was moved that Staff be.directed to do the suggested Land Use Study and report findings to the City Counci 1. . [lo51 18. AGENDA BILL #3741 - HOUSING AND COMMUNITY [451 BLOCK GRANT - MANAGEMENT A.ND IMPLEMENTATION AGREE- MENT. I The -Planning Director gave a brief Staff Report. I The following Resolution was adopted by title only RESOLUTION NO. 3991, APPROVING AN AGREEMENT BETWEE THE CITY OF CARLSBAD AND THE COUNTY QF'SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. .. N CITY OF C 6QBJBdCfLMI 8.sl B. .. B b Pub1 ic Works 1811 19. AGENDA BILL 82207 - Supplement 84 - QUITCLAIM. [99] OF ACCESS RIGHTS DEDICATED TO CITY - PALOMAR INDUS- TRIAL PARK - CABOT, CABOT & FORBES. Mr. R.on Beckman gave a Staff Report noting .that the request was not for the approval of both, but an either/or situation. Thus, in the event the nego- tiations with Hughes Aircraft could not be completed the matter would proceed under the alternate. it was.moved that Council approve and authorize a driveway 100 feet south of the north property line Ayes and/or a driveway at the north property line to serve in conjunction with the Hughes Aircraft drive- way as a common access with a future median break. Mr. Ron Beckman gave a brief Staff Re.port and res- ponded. to' questions by Council. The following Resolution was adopted by title only: RESOLUTION NO. 3992, APPROVING AN AGREEMENT BETWEEN Motion THE CITY OF 6ARLSBAD AND RICK ENGINEERING COMPANY STRUCTION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. FOR FIELD ENGINEERING SERVICES ON ELM AVENUE CON- [45] 21. AGENDA BILL #3742 - AGREEMENT FOR IMPROVEMENT [97] OF CARLSBAD BOULEVARD - SAN DIEGO GAS.& ELECTRIC COMPANY. Mr:Ron Beckman gave a brief Staff Report and res-. ponded to questions by Co'until. The following Resolution was adopted by title only: RESOLUTION NO. 3997, APPROVING AN AGREEMENT BETWEEN, Motion THE CITY OF CARLSBAD AND THE SAN DIEGO GAS & ELEC- Ayes : TRIC COMPANY PROVIDING FOR CARLSBAD BOULEVARD Abstained X IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. RECESS: Mayor Frazee called for a recess at 11 :07 P.M. and the Council reconvened at 11:17 P.M., wi.th four Council members present. City Manager . [341 22. AGENDA BILL 83647 - Supplement #2 - CITY - [451 - CHAMBER OF COMMERCE AGREEMENT. Mr. Bill Baldwin gave a brief Staf-f Report and the following Resolution was adopted by Title only: RESOLUTION NO. 3930, APPROVING AN AGREEMENT BETWEEN Motion THE CITY OF CARLSBAD AND THE CARLSBAD CHAMBER OF SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROVING ANNUAL STATEflENT OF CHAMBER COMMERCE FOR CERTAIN PROMOTIONAL AND INFORMATION SERVICES TO THE CITY FOR FIS'CAL YEAR 1976-77. CITY OF CARLS5AD COklPdCFLMI -7- D .. D D Councilman Skotnicki made mention of the-possibili of divorcing the Chamber of Commerce from the City as a non-profit organization, and raised the ques- tion as to whether a further study should be reque ed in this effort. Mayor Frazee noted he would be in fa,vor of such a study. 23. AGENDA BILL #3743 - REQUEST FOR FUNDING - CARLSBAD SENIOR CITIZEN ASSOCIATION. It was moved that Council instruct Staff to make funds available from the contingency fund, account number.1-139-2450, in.the amount of $2,000.00. 24. AGENDA BILL #3744 - CONTRACT FOR PURCHASE OF COMPUTER TERMINAL TO OHIO COLLEGE LIBRARY CENTER (OCLC) AND TERMINAL SERVI.CE AGREEMENT. Mr. Bill Baldwin gave a brief introduction stating that Mr. Frank Mannan was present to respond to. any questions on the mabter. Mr. Manna.n responded to questions with the assis- tance of a member'from the Library Staff, who was in the audience. The following Resolution was adopted by title only RESOLUTION No. 3993, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AGREEMENTS FOR THE PURCHASE OF A COMPUTER TERMINAL AND THE RELATED SERVICES AND A TERMINAL MAINTENANCE SERVICE AGREEMENT. Councilman Skotnicki stated that he hoped the Library would give some type of report-on this at the next budget session. 25. AGENDA BILL #3745 : -FI.XING THE AMOUNT OF - REVENUE NECESSARY TO BE RAI-SED BY TAXATION AND SETTING THE TAX RATE - FISCAL YEAR 1976-77. Mr. Bill Baldwin gave a brief report noting that the Finance Director was prese.nt to respond to any questions. The following Resolutions were adopted by title on RESOLUTION NO. 3994, FIXING THE AMOUNT OF' REVENUE PARTMENTS OF THE CITY OF CARCSBAD AND FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY THE BONDED INDEBTEDNESS OF THE "1962 SEWER BONDS, SERIES -A, By AND C" AND "1966 LIBRARY BONDS FROM--PROPERTY TAXES NECESSARY TO SUPPORT THE DE- FOR THE FISCAL YEAR 1976-77. RESOLUTION NO. 3995, SETTING THE TAX RATE FOR THE 1976-77 FISCAL YEAR, I tY st 4 1 !f It - Motion Ayes Motion Ayes Motion Ayes Noes Motion Ayes Noes CITY OF . CARLSBAD CoUNCiLMl - P B 1 -8- August 17, 1976 .. - ~781 c E281 E741 E921 26. AGENDA BILL #3746 - DRINKING IN P,UBL,IC PLACES. Mr. Bill Baldwin gave a brief introduction, and noted that Chief Kundtz was in the audience. and would be able to answer any, questions presented by Council. Chief Kundtz gave a brief report indicating number of arrests made in the last few months related to drinking. He further indicated that the beach patrol had been increased, and that the areas for concern with'regard to drinking were those covered by 'state laws. He. then responded to questions from the Council. It. was.moved that the City Attorney be' instructed to prepare an Ordtnance that would prohibit drink- ing on the State Beach and State Beach area. The motion failed for lack of a second. No action was ,taken. , 27. AGENDA BILL #3747 - APPOINTMENT TO PERSONNEL BOARD. ' The following Resolution was adopted by title only appointing Mr. Donald lqatkins to the personnel Board: RESOLUTION NO. 3996, APPOINTING A MEMBER TO THE' CITY OF CARLSBAD PERSONNEL BOARD. .. CITY COUNCIL ADDITIONAL BUSINESS: Councilwornan Casler stated that about 6 months ago, Nr. Chase had agreed to continue meeting with the JAC Committee for a period of 6 months. It was the general concensus of. Council that Councilwoman Casler meek wi'th the JAC Committee at the expira- tion of Mr. Chase's 6-month period. Councilwoman Casler suggested that the City Manager investigate a filter to be installed to t.he exist- ing equipment in Council ,Chambers to eliminate interference from the CB' Ra.dios'. It was the general concensus of Council that they wished to receive once again Engineering Reports and Statistics of Library Services reports. CITY MANAGER ADDITIONAL BUSINESS: Mr. Baldwin noted that the 6 months had run out on the swimming pool, and that a me.eting was planned on Thur'sday morning, August 19, 1976, with-the Parks and Recreation Director to discuss possible. sites to present to Council. There was a reminder of, the joint meeting with the Planning Commission to be held August 31 , 1976. It was the general concensus that it was desirable to have a joint meeting with the School Board. CITY OF CAWLSBAD COaJNCILMi ADJOURNMENT: ' Secretary