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HomeMy WebLinkAbout1976-09-21; City Council; MinutesCITY OF . CA WNCDLME I -. Meeting of: CITY COUNCIL Date of Meeting: September 21, 1976 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ROLL CALL: Mayor Frazee announced that the Color Guard from Cub Scout Pack 740 was present to bring the flags forward. PLEDGE OF ALLEGIANCE was given. INVOCATION was offered.by Councilman Packard. APPROVAL OF MINUTES Minutes of the regular meeting held September 7, 1976, were approved as presented. Minutes of the adjourned regular meeting held September 14, 1976, were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authoriz.ation was given .the payment of bills for the General Expenses of the City: City Operation $356,013.13; Water Department $5,779.93; Net Payroll Transfer $82,014.44 for a total of $443,807.50 for the period September 1, 1976 through September 15, 1976, as certified by the Director of Finance and approved by the Auditing Committee. S Ratification was given the payment of the Payroll in the amount of $130,352.20 for the -period August 23, 1976 through September 5, 1976, as. certified by the Director of Finance and approved by the Auditing Committee. CONSENT' CALENDAR: Councilman Skotnicki requested that Item No. 2 be removed from the Consent Calendar. The following items, with the exceptio'n of Item No. 2, were approved by one motion, affirming the action on the Consent Calendar. [84] L AGENDA BILL irc3768 - VEHICLE PURCHASES. [50] Resolution No.' 4007, accepting a bid and authoriz ing the execution of a contract for the purchase of five sedans and a pickup truck, was adopted. Resolution No. 4008, accepting a bid and authoriz ing the execution of a contract for the purchase of a one-ton truck, was adopted. c - [41] 3. AGENDA BILL #3770 - CLAIM AGAINST THE CITY - NS. JUDITH LIVINGSTONE. Resolution. N.3. 4010, denying a claim against the City,.was adopted.. [92] 4. AGENDA BILL #3771 - PONTO TRUNK LINE SIPHON. [50] Council approved and authorized the Leucadia County Water District to proceed with an engineer ing analysis and subsequent design to resolve the hydrogen sulfide and OSHA problems at the Ponto sip;hon inlet and outlet structures, such engineer ing work not to exceed $2,500.00. I- I rnMCiLME CITY 0% CARkS \ .. -2- September 21, 5976 ~ ~~ ~ ~~ ~~ ~ ~~~ -~. [57]. 5. AGENDA BILL #3772 - GENERAL PLAN PROGRESS. REPORT. Council approved draft form.of "General Plan Progress Report: 1975-1976",' for printing and distribution. [99] 6: .AGENDA BILL #3527 - Supplement #3 - ACCEPTANCE [97] OF PREVIOUSLY REJECTED ONE FOOT STR1.P OF 'PUBLIC STREET REQUWED BY CT 7-5-7 (GREEN VALLEY KNOLLS) - APPLICANT: LA COSTA LAND CO. Resol.uti'on No: 4011 accepting for public street purposes certain pre- viously rejected easements required by Carlsbad Tract 75-7, was adopted. [99] 7. AGENDA 8.I'LL #-3754 - S.u'pp,l.ement #1 - T,E,N.TATIVE SUBDIVISION 'MAP 'fCT 76-8.) AND PLANNED UNIT ,D.EVELOP MENT (PUD-2) - 'ED '€BRIGHT (Westco)., 'Resolution No. 4012, approving wi.th conditions Tentative Map (CT 76-8) for a 6-lot subdivision on property genera1,ly located on the west side'of Highland Drive between Chestnut Avenue and Magnolia Avenue, was adopted. Resolution No. 4013, approving with conditions a Planned UnTt Development (PUD-2) for six lots generally 1ocated.on the west side of Highland Drive between Chestnut Avenue and Magnolia Avenue, wa-s adopted. ITEMS REMOVED FR.OM CONSENT CALENDAR: E991 2. AG.ENDA BILL #3215 - Supplement #2 - TENTATIVE MAP EXTENSION - CT 74-16 (SEA PTNES) (N'ORTHEAST OF POrNSETTIA AND LAGOON LANES) - APPLICANT: STANDARD PACIFIC.. Councilman Skotnicki stated he had requested .this item removed from the Consent 2. AG.ENDA BILL #3215 - Supplement #2 - TENTATIVE MAP EXTENSION - CT 74-16 (SEA PTNES) (N'ORTHEAST OF POrNSETTIA AND LAGOON LANES) - APPLICANT: STANDARD PACIFIC.. Councilman Skotnicki stated he had requeste Calendar to cast a ''no" vote as he has done in the past on this matter. Resolution No. 4009, approving with conditions an extension of Tentative Map (CT 74-16), was adoptec By minute motion, the reading of.the text of all Ordinances be'fore the Council at this meeting was- waived: ORDINANCES FOR ADOPTION: Tte following Ordinances were adopted by title only: [114] .8. AGENDA BILL #3765 - ZONING ENFORCEMENT - CODE MAINTENANCE. ' ORDINANCE NO. 9468, AMENDING TITLE 27, CHAPTER 21.60 OF THE CARLSBAD MUNICIPAL ,CODE. BY REPEAL- ING SECTION 21.60.040.. . . . , , '_ , ~ [lo61 9. AGENDA BILL #3759 - UNDERGROUND UTILITIES REQUIREMENT - AMENDMENT. ORDINANCE NO. 7044, AMENDING TITLE 20 OF THE . SECTION 20.16.040 (d) TO REVISE THE REQUIREMENTS FOR THE UNDERGROUNDING OF UTILITIES. CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUB- - CITY OF CAWLS rnNClbME -3- BAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER CUMSTANCES. CARLSBAD REDEVELOPMENT AGENCY: The City Council adjourned to the Car'lsbad Redevelopment Agency at 7:12 P.M., and'reconvened at 7:40 P.M. with four Council members present. ANNOUNCEMENT: The City Manager announced that the Planning Director, Mr. Don Agatep, had announced his re- signation effective October 14, 1976. DEPARTMENTAL AND CITY MANAGER REPORTS: [30] 11. AGE-NDA BILL #3721 - Supplement #? - (ZCA-79) ADDITIONAL FREESTANDING SIGNS IN THE C-2 ZONE AND COMMUNITY IDENTITY SIGNS. The City Manager noted that he had received a recent request from Mr. Knauf to address Council, as he felt he had further pertinent information on the matter. Mr. John Loy addres.sed the Council on behalf of Mr. Knauf, and requested that the item be post- poned to the next regular meeting of Council.- It was moved that this item be continued to the next regular .meeting of the City Council. Councilman Skotnicki stated he had been in oppo- sition to the denial at the last meetimg, and still opposed the denial-of this request. Ear the benefit of familiarizing the Mayor with this matter' since he had been absent from the meeting this item was discuss.ed, 'the Council mem- bers reiterated their basic feelings and concerns AND EUREKA STREET. NCOLME .. CITY OF . CA \ -4- September 21, 1976 1 RfA I I" """" ~~~. ~ ~~- Pub1 ic Works [921 13. AGENDA BILL #3310 - Supplement #5 - VISTA OUTFALL - INCORPORATE PHASE I& AND PHASE 11. B The Public Works Administrator, Mr. .Ron Beckman, gave a staff report noting a brief history of this item, and responded to questions by the Council. It was noted that Vista would. incur the major portion of expense in this matter., and that they were the prime "movers" of same. Also noted was the fact that by incorporating the two projects into one, there would be a cost savings of approxi mately $20,000.00, and there was a possibility of obtaining Federal funds for the project. It was moved that Council authorize Vista Sanita- tion District to proceed with a Pha'se IB modified project incorporating replacement of existing pumps with a new single pump. RECESS: Mayor Frazee called for a recess at 8:07 P.M. and.the Council reconvened at 8:23 P.M., with four Council members present. Kg61 14. AGENDA BILL ~69 - CARLSBAD. VILLAGE MERCHANT ASSOCIATION - CARLSBAD BLOCK SALE. The City Manager gave a staf.f r.eport noting possi- ble problems that might result from a block sale. Mr. Robert Rupucci of the Carlsbad Village' Merchants Association was recognized by Council. He outlined possible methods of controlling the block sale. He further noted th-e intended use of the fee that would be charged, and responded to questions by the Council. Mr. Me1 Priest of the Merchants Association also addressed Council expressing his hope that the block sale would be approved. Chief Kundtz reported tiriefly to the Co"unci1 stating that he f.elt the increased traffic and security could be handled. He did question the possibility of stolen goods being sold, and the method of controlling this factor. Following discussion by the Counc'il, it was moved that Council' approve the request as presented and the Staff be directed to wor'k with the Village Merchants Association, and insure th.at the City's liability requirements are fulfilled. .. Ci'ty p.lariager [811 7,s. A'GENDA 'BI.LL #37'73 - O-FFER TO PURCH.ASE/GREEN-, ~ WOOD PROPERTY ~, The City Manager gave a staff report nOtihg.that several inquiries had been received regarding the possibility of the Greenwood proper.ty becoming available for sale. I . CITY OF CARLS Cx24JNCDLME -5- \ .. September 21, 1976 I) b General discussion concerned questions with regar to the possible cost involved in moving the Parks and Recreation Department to another location should the Greenwood property be sold; possible uses ,for the property if it would not be sold; and. possible deed restrictions or moral obliga- tions involved at the time the City acquired the prqperty. Also questioned was the approximate value of the property in relation to a selling price. It was moved that Staff be directed to research this matter in accordance with the Council's inquiries and report back to the Council; said report to include a staff appraisal of the pro- perty, an estimated cost for the relocation of th Parks and Recreation Department and possible uses for the property if it is retained.< [82] 16. AGENDA BIL-L #3774 - BEACH ACCESS AT CEDAR [70] STREET. The City Manager.gave a staff report noting a complaint had been received by Mrs. J. M. Vigil regarding the beach access at Cedar Street, further noting that numerous complaints had been re-ceived. Mr. Tony Howard Jones, owner of Beach Terrace Apartments, was recognized by Council and con- firmed the problems at this par;ticular access, but further noted that the sea ,wall and access had been built as a result of it being a require- ment by the Coastal Commission. Following discussion by Council, it was moved tha the Coastal Commission be requested to allow the property owner to close this beach access due to parking problems and the availability of public access one block south. C371 CITY COUNCIL ADDITIONAL BUSINESS: Proposed Survey of Voters Councilman Packard reported on an Outline prepare by. he and Councilman Skotnicki with regard to a P-coposed Survey of Voters. Various aspects of the proposed ,survey were discussed with. a suggestion that Dr. Oscar Kaplan 'of San Diego State University be contacted for possfble assis- tance. It was the general concensus of Council that.a survey was desired which would contain three item Those items would be Paramedic Service for Carlsb Construction of new facilities for a Children's Library in Carlsbad, and should Carlsbad have an Ordinance making it illegal to drink alcoholic beverages at the beach and/or public places. Als Councilman Packard and Councilman Skotnicki were. requested to research the matter further and . return to Council with a report. . Motion Ayes .. Motion Ayes d, ~ CITY OF CA c23uNClbME -6- [681 League of California Cities Headquarters Mayor Frazee informed the Council 'that the League of California Cities has a lease on their Head- quarters which is due to expire shortly, and it will be necessary for them-to relocate their head quarters. He stated that in the upcoming meeting of, the Leag'ue, a vote would be required regarding the method of financing construction of a but.ldin for League Headquarters. It has been prop'osed that by spreading the cost over .all the cities,' it may be possible to pay cash. Mayor Frazee requested Council guidance as to their desire vjhen the matter is presented at the League meeting. 1681 Comprehensive Planning Organization Mayor Fr'azee noted that there was to be a CPO meeting at which one item to be discussed was a change of name from CPO to the San Diego Council of Governments. This item was discussed some time ago, and it is now necessary for the Council to reaffirm their posttion. By minute motion, it was moved,that Council reaffirm Council's previous action in approving a By-Laws change to change the name of CPO to the San Diego Counc.il. of Governments (SANCOG). Councilman Skotnicki noted for the records that at the recent CPO Retreat, the CPO Staff Repre.- sentatives we're unanimously laudatory and commend ed the excellent degree of cooperation that they are getting from the Carlsbad City Staff. C691 Pa.u"ks and Recreation Commiss.ion Councilman Lewis reported on the' Parks and Recrea tion Commission meeting. He noted they had suggested days for dedication of park property, and wanted to know the preference of Council in srder that,as many Council members as possible could attend these dedications. They were November 6th or 7th dealing with' Car Country, December 18th or 19th for dedication of the Magee House, and December 4th or 5th for dedication of Laguna Riviera. It was the toncensus of Council that Sundays at 2:OO P.M. would be acceptable. Appointment [631 Mayor Frazee appointed Councilman Skotnicki to work with the Library Board of Trustees and the, architect in regard to the Children's Library + CITY OF C CCWNGOLME \ -7- September 21 , 1976 CITY ATTORNEY ADDITIONAL BUSINESS: 1351 The City Attorney reported on a request for the City to act as amicus curae in a Fair Labor Standards Act case known as Brown vs Santa Barbara County. He briefed the Council on the facts of the case and stated it would involve no cost to the City. Ne stated participation in this action has been recommended by the Legal Advocates Committee of the League of California Cities. It was moved that the Council concur with the recommendation to joi'n with other cities in this court action. EXECUTIVE SESSION: Mayor Frazee called an Executive Session at 10:15 P.M. for the purpose of discussing litigation. The Council reconvened at 10:35 P.M. with four .Council members present and the Mayor announced that litigation was discussed. ADJOURNMENT: By proper motion, the meeting was adjourned at 10.:38 P.M. to Tuesday, September 28, 1976, at 7:OO P.M. in the Council Chambers. Respectfully submitted, "/&a NORA K. GARDINER,. Deputy City Clerk Lee Rautenkranz, Recording