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HomeMy WebLinkAbout1976-09-07; City Council; MinutesCITY OF CARLS5AD .i . Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: September 7, 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. I APPROVAL OF MINUTES: (Approved by one motion) Minutes of the regular meeting held August 17, 1976, were approved as presented. Minutes of the adjourned regular meeting held August 24, 1976, were approved as presented. INTRODUCTION The City Manager recognized Mr. and Mrs. James Thompson, in the audience, and introduced them to Council. He stated that,Mr. Thompson would begin his duties as the newly appointed Fire Chief on October 7, 1976. PAYMENT OF BILLS: Authorization was given the payment of bills for the General Expenses of the City: City Operation $129,925.62; Water Department $148,150.16; Invest ments $700,000.00; Net Payroll Transfer $92.;8&7.5 for a total of $1,070,963.29 for the period August 16, 1976 through August 31, 1976, as certi fied by the Director of Finance and approved by the Auditing Committee. S - 1 - HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 7:08 P.M. and reconvened at 7:09 P.M., with four Council members present. RATIFICATION OF PAYROLL: Ratification was given the payment of the Payroll in the amount of $145,568.86 for the period August 9, 1976 through August 22, 1976, as certi- fied by the Director of Finance and approved by the Auditing Committee. CONSENT CALENDAR: The following items were approved by one motion, affirming the action on the Consent Calendar: [99] 1. AGENDA BILL #3737 - Supplement #1 - PROPOSED GLEASON - (NEWPOClution No. 3998, approving with conditions Tentative Map CT 76-7 for a 45 lot subdivision on a 15 acre parcel generally located on the west side of El Camino Real Between Alga Road and Arena1 Road, was adopted. TENTATIVE SUBDIVISION MAP (CT 76-7) - JACK CwNCfLME Abstained Mot i on Ayes x: Motion Ayes X) " Motion X Ayes xx Motion Ayes xx CITY OF CARLS - -z- Se tember 7 1976 t E571 2. AGENDA BILL #3562 - Supplement #2 - GENERAL PLAN AMENDMENT DATES (CALENDAR YEAR 1976). Coun- cil adopted December 7, 1976 as the final Public Hearing date during which General Plan Amendments may be heard. [95] 3. AGENDA BILL #3749 - "NO ASPHALT SIDEWALKS" [75] PETITION - 3900 BLOCK JEFFERSON STREET, CARLSBAD. The petition was returned to Staff with instruc- tions for Staff to submit a report and recommenda- tion within the next six months after traffic counts have been taken and a school pedestrian analysis has been made. [99] 4. AGENDA BILL #3527 - Supplement #2 - FINAL MAP- CARLSBAD TRACT 75-7 (GREEN VALLEY KNOLLS) - La Costa Land Co. The Final Map of Carlsbad Tract 75-7 (Green Valley Knolls) was approved. [79] 5. AGENDA BILL #3756 - COUNCIL POLICY NO. 2 - TRAVEL. Council approved the amendment to the Travel Policy. [Sl] 6. AGENDA BILL #3750 - DISPOSAL OF OBSOLETE EQUIPMENT. Resolution No. 3999, declaring certair items of equipment as obsolete and authorizing the disposal of such items, was adopted. [84] 7. AGENDA BILL #3751 - PURCHASE OF FIRE HOSE. [45] Resolution No. 4000, accepting a bid and authw- izing the execution of a contract for fire hose, was adopted. [Sl] 8. AGENDA BILL #3752 - ACCEPTING A BEQUEST OF EUGENE B. KLYCE. Resolution No. 4001, a Resolu- tion of the City Council of the City of Carlsbad, California expressing its intention to accept the bequest of Eugene B. Klyce of the sum of $600.00 for the purpose of installing a parallel bar and three horizontal bars in a public park or beach, was adopted. I E411 9. AGENDA BILL #3753 - CLAIM AGAINST CITY - FRED W. MAERKLE. Resolution No. 4002, denying a claim against the City, was adopted. B By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived. ORDINANCES FOR ADOPTION: [114] 10. AGENDA BILL #3719 - Supplement #1 - ZONE CODE AMENDMENT - SUBSTANDARD LOT FRONTAGE. ORDINANCE NO. 9467, AMENDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 20 AND TITLE 21 OF THE CARLSBAD ING PANHANDLE LOTS. MUNI'ClCPAL CODE TO REVISE THE REGULATIONS REGARD- F - 1 c%XAa"G: ." . " t D " CITY OF CARbS -3- September 7, 1976 P PUBLIC HEARINGS: [99] 11. AGENDA BILL #3754 - PROPOSED TENTATIVE SUB- [113]DIVISION MAP (CT 76-8) AND PLANNED UNIT DEVELOPMENT (PUD-2) - ED EBRIGHT (Westco). The Planning Director, Don Agatep,.gave a staff report, noting that it would not be a condominium subdivision. He then responded to questions by Council .i Sal1.y Burgess, 3615 Highland Drive, Carlsbad, CA, was heard by Council .,. She stated she felt the development would be an asset to the community, and it should be made clear that it was not a con- dominium development. Mr.. McMahon, 3551 Highland Drive, Carlsbad, CA, spoke in opposition to the development stating he felt there would be density, sewer, drainage, parking and increased traffic problems. Mr. Ed Ebright addressed Council clarifying items that had been questioned. He responded to addi- tional questions by Council. Mr. Douglass Harwood, 997 Eolus, Leucadia, CA, was heard by Council. He stated he wa,s in favor of the proposed subdivision. No one else wished to be heard and the Public Hearing was closed at 7:48 P.M. It was moved that Council instruct the City Attor- ney to prepare the documents necessary for appro- val regarding the PUD, and insert as a condition the requirement for a 10 foot drain and sewer easement. [I131 12.. AGENDA .'BILL '#3755 - PROPOSED CH,ANGE OF ZON.E--.' FRON R-I, to R-2 'L CASE- 'NO. .ZC-'l 81' '-'"JAME.S B. MAGUIfCE, 'JR. The Planning Dtrector, Don Agatep, gave a brief staff report, and responded to questions by Council Vice-Mayor Lewis asked if anyone wished to be heard, and since no one did, the Public Hearing was closed at 8;06 P.M. Lengthy discussion ensued regarding the question a to whether the whole section should be rezoned or implementation of a zone code amendment on only thts particular parcel of land should be consider- ed, Further discussion pertained to density of this area and conformance with the General Plan. 1 It was moved that Council direct the City Attorney to prepare the documents necessary for approval as recommended by Planntng Commission Resolution No, 1266, The motion was seconded, but failed for 'lack of a majority. 'I CcwNCILME I I Motion Ayes Mot i on Ayes Noes CITY OF C RbSBAD COUNCILME 7v 1 D I -4- September 7, 1976 Further discussion was held by Council, and at the request of the applicant, it was moved that the Public Hearing be declared open again. Mr. James B. Maguire, Jr., addressed Council noting his reasons for the requested zone change, and expressing his desire that it be approved. No one else wished to be heard, so the Public Hearing was closed at 8:28 P.M. I It was moved that the request for ZC-181 be denied without prejudice. I It was the general. concensus of the Council that if it was the desire of the applicant to contact property owners on the north side of Chestnut between Eureka and Adams Street to request rezoning of the entire secti’on from R-1 to R-2, the Council would consider the request upon formal application. RECESS: Vice-Mayor Lewis called for a recess at 8:35 P.M. and the Council reconvened at 8:49 P.M. with four Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Planning [87] 12-A. AGENDA BILL #3760 - OPPORTUNITIES INDtjS- 1741 TRIALIZATION CENTER. The City Manager gave a brief staff report. The following Resolution was adopted by title only: I RESOLUTION NO. 4005, SUPPORTING THE MANPOWER TRAINING OBJECTIVE OF OIC-CET OF SAN DIEGO COUNTY, : INC. E761 13. AGENDA BILL #3757 - PLANNING COMMISSION WORK [371 PROGRAM, AUGUST, 1976. The City Manager gave a brief staff report noting the request of Planning Commission for a joint meeting with the Council. It was moved that a Joint City Council/Planning CommSssion Work Session be held to consider priorities of Planning Commission Work Program. 11141 14. AGENDA BILL #3758 - HOME OCCUPATIONS. - RAISING [31] OF WORMS (ZCA-81 ). ?he Planni’ng Director, Don Agatep, gave a staff report reflecting a brief history of problems with home occupations and raising of worms in residen- tial areas. He then responded to questions by Council e Discussion was held as to types of businesses that might possibly be allowed from the home, and whether garages should be used in home occupations. It was moved that the City Attorney be instructed to draft a sample Ordinance for Home Occupations. Motion Ayes Mot i o’n Ayes Motion Ayes . . . - .. - - Motion Ayes I -. Mot i on Ayes - 1 B CITY OF CARLS $zcY4NC!kM% -5- Discussion was held with regard to raising worms in residential zones. It was noted that at times, it would definitely result in offensive odors to neighboring homes. Further, the raising of worms would probably be for commercial purposes, and zone. It was moved that the raising of worms not be- allowed in any residential zone in Carlsbad. The motion was seconded, but the motion was withdrawn following discussion regarding people who are currently raising worms who possibly have large investments involved. It was the general concensus of Council that the staff be directed to draft a sample Ordinance regarding restrictions for worm farms in residen- tial zones as we17 as a time element for the pur- pose of phasing out worm farms for commercial purposes in the City of Carlsbad. Public Works s [106] 15. AGENDA BILL #3759 - UNDERGROUND UTILITIES REQUIREMENT - AMENDMENT. Thb .Public Works Director, Mr. Ron Beckman, gave a staff report, noting problems involved in comply- ing with our current undergr.ound utilities re- quirement. He then explained t:he effect of the proposed amendment to this requirement, and res- ponded to further questions by Council. It was moved that the following Ordinance'be . introduced for a first reading.only: SECTION 20.16.040 (d) TO REVISE THE REQUIREMENT FOR EXISTING UTILITIES TO BE PLACED UNDERGROUND. It was noted that line 16 through line 18 on page 2 of the Ordinance shall be deleted. [63] 16. AGENDA BrLL #3614 - Supplement #1 - CHILD- [&] RENS' LIBRARY FACILITY - CONSULTANTS AGREEMENT. ..._ .Councilman Skotnicki questioned whether the com- munity supported this facility, and further questioned the eventual stage and level of ser- vice to be obtained by the Library. Councilman Packard stated he felt it would be advisable, if Council authorized the architectural firm to do a preliminary study, that a Committee be appointed, comprised of perhaps two Members of the Library Board, two Members of the Library Staff, the Council liaison to the Library B0ar.d ' of Trustees and one other Council Member to moni- tor the study and insure that the study reflects CITY OF . CARLS WNCILMJE -6- SeDtember 7. 1976 I The following Resolution was adopted' by title only RESOLUTION 'NO. 4003, APPROVING AN A'GREEMENT BE- TWEEN THE CITY OF CARLSBAD ANDaMELVIN-THORYK AND ' ASSOCIATES FOR ARCHITECTURAL SERVICES TO DEVELOP A PRELIMINARY PLAN FO-R'THE CHILDREN'S LIBRARY, MENT. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- s t By minute motion, it was moved that either the Mayor or the Vice-Mayor make an appointment of not only the liaison,. which already exists to the Library Board, but also one other Council person that could serve as a member 0.f a Committee to monitor the study. Councilman Skotnicki stated he would like to volunteer to serve on the Committee. City Manager I [SI] 17. AGENDA BILL #3702 - Supplement #1 - SALE OF CITY OWNED PROPERTY - (PI0 PIC0 - BUENA VISTA WAY) The City Manager gave a brief introduction on this i tem. The following Resolution was adopted by title only RESOLUTION NO. 4004, DECLARING THAT CERTAIN PRO- PERTY, HEREINAFTER DESCRIBED, IS NOT REQUIRED FOR PUBLIC USE AND APPROVING THE SALE OF SAID REAL PROPERTY. At 9:55 P.M., the Deputy City Clerk was directed to open any bids received on this property. The sealed bid was opened and it was announced that Mr. Howard Bow-ling had submitted.a bid in the amount of $517.00. No oral bids were received. By minute motion, it was moved that the property be sold to Mr. Bowling for the total amount of' $517.00. [68] 18. AGENDA BILL #3761 - LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE. Tke City Manager gave a brief report. B By minute motion, it was moved to'appoint Mayor Frazee as the Voting Delegate and Councilman Skotnicki as the Alternate Voting Delegate at the Leage of California Cities Annual League Confer- ence. [84] 19. AGENDA BILL #3762 - PURCHASE SINGER MODEL 40 DISC DRIVE. The City Manager gave a brief report noting that the Finance Director, Thelma Sowell, was in the audience and would respond to any question's. Council may have. The following Resolution was adopted by title onlj RESOLUTION NO. 4006, AUTHORIZING.THE EXECUTION OF TER SYSTEM. A CONTRACT FOR THE EXPANSION OF THE SINGER COMPU- \ Mot? on Ayes Noes Motion Ayes Motion Ayes Mot i on Ayes Motion Ayes IMotion Abstair IAYeS I ed - t B CITY a= CA cxwNCDkME -7- [96] 20. AGENDA BILL #3763 - CAR COUNTRY FREESTANDING The City Manager gave a staff report. Council discussed the. various aspects of the pro- posed sign, and i-t was noted that the present "Car Country'" sign will be removed and one of Dixon Ford's signs will also be removed. be removed. It'was moved that Cour;cil instruct staff to make Account, 1-134-265-0. [114]22. AGENDA BILL #3765 - ZONING.ENFORCEMENT - CODE MAINTENANCE. The following Ordinance was introduced for a first reading only: ORDINANCE NO. 9468, AMENDING.TITLE 21, CHAPTER SECTION 21 -60.040. The City Attorney gave a brief staff report.on the i.tem; noting the proposed Ordinance was quite restrictive. He responded to questions by Council. The following Ordinance was introduced for a first reading only: ORDINANCE NO. 1194, AMENDING TITLE 5 OF THE CUMSTANCES. - I b D CITY OF COaBNClkME 4 -8- September 7, 1976 [Sll 24. AGENDA BILL #3652 - Supplement #1 - HARDING [70] STREET COMMUNITY CENTER. The City Manager gave a staff report on the item, It was moved that Council approve the packet on Harding Street Community Center; that the proposed spaces for the Senior Citizens be designated for their exclusive use at this time, and the regula- tions and usage of the Center be reviewed in six months and revised as..deemed necessary. . . CITY COUNCIL ADDITIONAL BUSINESS: Councilman Skotnicki reported on a presentation made to the Joint Advisory Committee by a firm doing research in the treatment of sewage through the use of hyacinths, noting they were looking for a sewage plant as a "pilot" project with'the possibility of state and federal funding. It was further noted that with the resignation of Mr. Lewis Chase from the Joint Advisory Committee, a vacancy exists. E921 By minute motion, it was moved that Councilwoman [28] Casler be appointed to replace Mr. Chase on the Joint Advisory Committee beginnTrig with their next meeting. Councilwoman Casler reported that the Library Boar of Trustees desired a joint meeting with Council as soon as p.ossible. She also reported on the Senior Citizens Association program. Further, she reported that LAFCO had determined they would desolve their "Sphere of Influence CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney'noted that the League has sche- dul,ed a full-day Special Seminar on the 22nd of September to review all of the new legislation, and that he'would be attending that Seminar. CITY MANAGER.ADDITIONAL BUSINESS: The City Manager noted that a Retirement Luncheon was being held on Septe.mber 9, 1976, at 12:OO noon at the Wayside Inn for Chief Anear, and Council was invited to attend. .. CITY OF - CA ADJOURNMENT: By proper motion, the meeting was adjourned at 11:14 P.M. to Tuesday, September 14, 1976, at 7:OO P.M. in the Council Chambers. This is to be a Joint Meeting with the Planning Commission. Respectfully submitted,