Loading...
HomeMy WebLinkAbout1976-11-16; City Council; Minutesir ir CITY ' OF CARLSBAD ~ 5 B " Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: November 16, 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: (Approved by one mot4on) Minutes of the adjourned regular meeting held October 26, 1976, were approved as presented. - Minutes of the regular meeting held November 2, Minutes of the adjourned .regular meeting held November 6, 1976, were approved as presented. .' 1976, were approved as presented. - PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. Authorization was given the payment of bil.ls for , the General Expenses of the City: City Operatior $265,252.36; Water Department $59,927.99; Invest ments $345,000; -Net Payroll Transfer $83,588.12 for a total of $753,768.47 for the period Novem- ber.1, 1976 thru November 15, 1976, as certified by the .Director of Finance and approved by the Auditin.g Committee. Ratification was given the payment, of the Pgryrol il? the amohnt 0.f $133,337.34 for the period October 18, 1976 thru October 31 , 1976, as certi ', f-jed by the Director of Finance and approved by the .Auditing Committee. - PRESENTATION OF RESOLUTIONS OF APPRECIATION. Mayor Frazee announced that he had two Resolutior of Appreciation.to present. The first Resolu- tion of Appreciation was read by the Mayor ex- pressing appreciation to-GIRARD "LEFTY" ANEAR, recently r.etired Fire Chief of the City of Carls bad. Mayor Frazee presented the Resolution to Chief Anear and a plaque with the City of Carls-) bad Seal embossed in tile. He then presented a Resolution of Appreciation, which he stated had been read previously at a luncheon, to DONAL A. AGATEP, the Planni.ng Director, who had sub- mitted his resignation. In conclusion, the Mayor thanked Chief Anear and M.r. Agatep fior the? dedicated service to the City of Carlsbad. I. C281 AGENDA BILL #3680 - Supplement #1 - MAYOR'S YOUT COMMITTEE - REPORT ON JUNIOR STATESMAN SUMMER SCHOOL. Mayor Frazee introduced. Chuck Grafft, Chairman of the Mayor's Youth committee and Student Body President of Carlsbad High School. Mr. Grafft stated he a;tCended the Junior States- man Summer School at the Universi.ty of Californi at Davis for approximately one month. The tui- tion for this. schooling was funded by the City Counci.1. He gave a lengthy report and a slide presentation of the. classes he attended. He stated he felt it was an opportunity given, .him which he appreciate-d because he had learned a great deal from-the classes he attended. - Is: - 1 - 1: - D r,, H - a UNLILMLW .. Motion XXXI I Ayes X Motion XXX) Ayes X .. A I Y SI CITY . OF CARLSBAD - 2- November 16, 1976 I i I ~ CONSENT .CALENDAR: At the request of Co.unci1man Skotnicki and with. the unanimous consent of .the Council , Item Nos. 4, 5, 11 and 12 were removed fr.om the Consent Calendar. The following items were approved by one motion affirming the action on the Consent Calendar.: 1 PO1 1. AGENDA B'ILL #3631 - Supplement #3 - COMFORT [45] , STATION - LAGUNA RIVI'ERA PARK - CONTRACT NO. 1036. Approval was given Change Order #2 to Contract No. 1036 and the Ci-ty Engineer was directed to execute the Change Order. C991 2. AGENDA BILL #2207 - Supplement #5 - FINAL MAP .- CARLSBAD TRACT 73-49 - CA,BOT, CABOT & FORBES - PALOMAR AIRPORT BUSINESS PARK. - , The Final Map'for Carlsbad Tract 73-49, Unit #2, was approved, subject to certain conditions. ~ [99] 3. AGENDA BILL #3671 - Supplement #2 - FINAL MAP.-ALTA MIRA - UNIT #4 - PACIFIC SCENE. Approval was given the Final Map-for Carlsbad Tract 76-4. C991 6'. AGENDA BILL #3787 .- Supp1emen.t #1 - TENTA- LA COSTA LAN.D COMPANY. Resolution No. 4033,' CT 76-10, an 18 lot subdivision on property gener. allly located- on the east side of El Camino Real north of Levante Street and west of SDG&E ease- ment, was adopted. TIVE .SUBD.fV'IS'fON -MA.P -' GREEN .VA:LLEY :KNOLLS - .I &pproving with condi tions-Tentative. Map for E51 E1131 C851 C441 [451 E961 C781 [lo71 [991 1371 c501 1851 7. AGENDA BILL- #4000 - ANNEXfiTION, PREZBNING AND ENVIRONMENTAL IMPACT REPORT REQUEST - TOOTSI-E K RANCH. Authorization was aiven the staff to send out requests for proposals for preparation of an EIR for' annexation and prezoning of the Tootsie K Ranch with the understanding that the applicant would be charged for costs of said pre paration. ~4 1 8. AGENDA BILL #4001 - EMPLOYMENT OF JOSEPH SANDY AS PROJECT C.ONS'U.LTANT .FOR' ENCINA PUBLIC I FACILITIES AND LAND USE MAN.AGEMEN.T PROJECT. Resolution No. 4034, approving agreement employ- ing Project Consultant, was adopted. 9. AGENDA BILL #4002 .- YIELD CONTROL - CORDOBA P.LACE AT NEBLINA DRIVE.. Reso.lution No. 4035, designating yield control on Cordoba Place at its intersection with Neblina Drive, was adopted. 10. AGENDA BILL #4003 - QUITCLAIM - 12 FOOT WIDE SEWER EASEMENT - LOT#3, CARLSBAD TRACT 74-5A. Authorization was given bhe Mayor to execute a Quitclaim Deed for sewer p.u-rp:os.ed-. on Lot 3 of Carlsbad Tract 74-5A, Map No. 8371. 13. AGENDA BILL #4006 - REQUEST FOR TRANSFER OF - FUNDS- OPINION SURVEY. Resolution No. 403'8, auth:oriiing the transfer 0-f funds to the City Council for Survey costs, was adopted. Transfer of funds was from Contingency Account No. 01-139-2790 to .City .Council 'Account No. 1-100-245 d LUUNLILMLN _a Mo AY .. tion xxxx 'e s x .- LUUNLILMLN #4 ,I CITY ' OF CARLSBAD -3- \ November 16, 1976 ~~ 5 E631 . 14. 'AGENDA BILL ~007 - PURCHASE OF .METAL SHEL- E451 VING FOR LIBRARY. Resolution No. 4039, acceptin,g E841 a bid and authorizi.ng the execution of a Contract for metal shelving, was adopted. The bid in the amount of $10,405.00 was 8warded to Builders Specialty Company, 2510 Seaman Avenue South El Monte, California 91.733. I - IITEMS REMO.VED FROM CONSENT CALE.NDAR: [431 . .4. AGENDA BILL #3700 - Supplement #3 - TEMPORARY [281 OFFICE (CUP 86A)- ADVISORY AND APPEALS BOARD- RE- PORT - JAMES GAISER. Councilman- Skotnicki stated he requested the i tem 'removed"to allow him to cast a "no" vote as he had done previously, and the following Resolution ~ was adopted by ti.tle only: RESOLUTION NO. 4031, GRANTING AN AP'PEAL AND APPRO' 'ING CONDITIONAL USE PERMIT (CUP 86A), .FOR A TEM- PORARY OFFICE BUILDING LOCATED AT 2965 ROOSEV-ELT STREET. mi 5. AGENDA BILL #3767 - Suppleme,nt #1 - GIFT OF PROPERTY TO CITY OF CARLSBAD - w. D. CANNON. Co.uncilman Skotnicki stated he hhd questions re-, was .first presented to the Council and still feel the cost of accepting it and maintaining it in t'h future is ob.jectionable to him:- T.he following Resolution was adopted by title only: :I garding the acceptance of this property when it .RESOLUTION NO. 4032, ACCEPTING THE GIFT OF MR. AND MRS. W. D. CANNON.OF APPROXIMATELY 6.7 ACRES OF PROPERTY.GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROAD WEST OF THE AT&SF RAILROAD. The staff was instructed to wri,te a letter to Mr. and Mrs. Cannon thanking them for their con- tribution to the City of Carl sbad. [45] 11. AGENDA BILL #4004 - NORTH COUNTY LIFELINE AGREEMENT - FISCAL YEAR 1976. Councilman Skotnicki stated in reviewing the quar- terly report submitted by Lifeline, there was some question in his mind that the. funds contributed bl the City were being used for the purpose it was understood they would be used. Me stated the re- port mentions nothing about available services for drug abuse and that the City's contr+bution was for that purpose. Following discussion, it was moved that the mattev be continued until. such time as it is determined if the drug abuse program is still in effect by Lifeline. [74] 12. AGENDA BILL #4005 - REQUEST FOR FU,ND;TRANSFER [50] BUILDING ACTIVITY. C301 Discussion lead by Councilman Skotnicki was held regarding the hiring of temporary building inspec- tors and clerical help in the hilding Department, 7 ¶ v, C- - e' ! I - .. - Motion X Ayes x Noes xx::x .. Motion Ayes X Noes x xx Motion xxxx Ayes X CITY OF CARLSBAD L -4- 4 L; November 16, 1976 The request was based on the increased demand for 'building inspection service in the City. The City Manager in response to a question regarding tempor- ary employees vs permanent .employees, explained the difference with regard to.benefits. The follow ing Resolution was adopted by title only: , RESOLUTION NO. 4037, AUTHORIZING THE TRANSFER OF FUNDS FOR TEMPORARY EMPLOY.EES -IN THE BUILDING -DE- PARTMENT. ,B.y',minute motion, the reading.of the text of all Orainances before. the- Cou.nci1. 'at this' meeting were wai-ved: DEPARTMENTA.L AND CITY MANAGER -REPORTS; Planning.' [113] .15. AGENDA BILL #3786 - Sup'p1.emen't #1 -' 'AMENDMENT TO MASTER PL'AN AND S'PE'CI'F'IC PLAN -. 'LARWIN-SOUTHERN CALIFORNIA ('TIB'URON 'DEV'EL'OPME'NT) . It was announced that this matter has been return- ed for documents but Mayor Frazee stated a brief staff report should be given at' this time. The Planning Director provided background info-rmation and. made reference to a memorandum to the City Manager , dat'ed -Ngvember 12 , - 1976 , whi ch addressed the issue of .alley widths and parking. Cou'ncil discussion was held regarding the recommenda- tion: to modify. the conditions of proposed Ordinance No. 9470, which amends City Council Ordinance No. 9433, adopted November 4, 1975. MR. ART ROSENTHAL; Vice-president of Larwin, 16255 Ventura Boulevard, Enci.no, California, stated Lap- win has worked with the staff and the City Counci 7 in the past .in an effort to resolve some of the problems which have occurred with the development of the project and will continue to do so. He stated the d.evelopers -feel that the proposal by the staff with regard to changes in the alley wi.dt1 and parking were, too rigid and consequently, th.ey are in opposition to any more changes. Reference was made by the Planning Director to the original Ordinance No. 9324, adopted January 2, 1972 and the. amending Ordinance-No. 9433 regarding Phase 11, adopted in .1975. It was pointed out that the grading on both phases has been accomp1is.t ed, and a blackboard illustration was made by the Planning Director in an effort to explain the parking and alley width recommendation by the staff Following further discussion, Ordinance No. 9470 was introduced for a first reading, as amended. THE ADOPTION OF AN AME'NDED SPECIFIC PLAN (SP-104B) FOR THE TIBURON DEVELOPMENT GENERALLY LOCATED EAST OF EL CAMINO R.EAL BETWEEN MARRON ROAD AND THE ELM AVENUE EXTENSION, subject to the incorporation of the wording in Condition #5 of the Ordinance,. as indicated in the Planning Director's Memoran'dum to the City Manager, dated November 12, 1976, and the addition of Condition #12, with the exception ORDINANCE. NO. 9470, AMENDI-NG ORDINANCE NO. 9433 BY 'I r ? 1 LUUNLlLMtN Motion X Ayes xx xx Motion .Ayqs, I. 1 X X X S - Motion Ayes . X X X X CITY OF CARLSBAD - -5- - D November 16 1976 that Item 'lai1 concerning Phase I, Line 2, shall be changed from 6 ft. to 4 ft. and the words "the first 4 ft. of", in the last sentence, shall be deleted and; Item "b" concern-ing Phase 11, Line 2, shall be changed from 4 ft. to 2 ft., deleting the words "the first 2 ft.", in the last sentence. ORDINANCE NO. 9471, AMENDING ORDINANCE NO. 9315 TIBURON DEVELOPMENT GENERALLY LOCATED EAST OF EL CAM1,NO REAL BETWEEN MARRON ROAD AND THE ELM AVENUE EXTENSION, was introduced for a first reading. TO ADOPT AN AMENDED MASTER PLAN (MP-5A) FOR THE I [gg] 16. AGENDA BILL #3795 - Supplement #1 - SPECIFIC [113] PLAN AND TENTATIVE MAP APPROVAL - ROBERT HIRSCH. I This matter was returned for d.ocuments and the following Ordinance was introduced for a first reading: I ORDINANCE NO. 9472, ADOPTING AN AMENDED SPECIFIC PLAN (SP-136A) FOR DEVELOPMENT OF 80 DETACHED. SINGL I FAMILY DWELLINGS ON PROPERTY GENERALLY LOCATED ON STREET AND THE AT&SF RAILROAD TRACKS. THE NORTH SIDE OF TAMARACK AVENUE BETkJEEN JEFFERSO RESOLUTION NO. 4040, APPROVING WITH CONDITIONS TEN DOMINIUM PROJECT ON PROPERTY'GENERALLY LOCATED ON TA'TIVE MAP (CT 76-11) FOR A SIX LOT, 80 UNIT, CON- : .. THE NORTH SIDE OF TAMARACK AVENUE BET!IEEN. JEFFER- : SON STREET AND THE AT&SF RAILROAD TRACKS, was adopted by- ti-tle only. I [114] 17. . AGENDA BILL #3796 - Supplement #1 - APPROVAL OF ZONE CHANGE - FRED JONES HALL. D This. matter was returned for documents and the following Ordinance was introduced for a first __ reading: ORDINANCE NO. 9473, AMENDING TITLE 21 OF THE CARLS BAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-182) FROR R-1-7500 TO R-P-Q ON PROPERTY GENERALLY LOCATED ON TH.E SOUTH SIDE OF LAS FLORES BETWEEN PI0 PICO AND 1-5. - RESOLUTION NO. 4041, ANNOUNCING FINDINGS AND. DECISION REGARDING CHANGE OF ZONE (ac-182) FROM R-1-7500 TO R-P-Q ON PROPERTY GENERALLY LOCATED ON* THE SOUTH SIDE OF CAS FLORES BETWEEN PI0 PICO AND I--.5, was adopted by title only. Pub1 ic Works ;[3o] 18. AGENDA BILL #4008 - REQUEST FOR WAIVER OF , [83] PUBLIC IMPROVEMENTS - CLINTON B. CALL. i [86] I Following a report from the Public Works Adminis- ~ trator, MR. JOHN LOY, Feist,, Vetter, Knauf and I Loy, 810 Mission Avenue, Oceanside, attorney re- presenting Mr. and Mrs. Clinton Call, was heard. Discussion was held by the Council and it was de- termined that the requirements of Chapter 18.40 of the- Carlsbad Municipal Code was applicable to the proposed construction by Mr. and Mrs. Call.. I I COCINCILMEI Motion : Ayes I xxx Mot i on Ayes xxx - - . . " .~ . Motion Ayes xxx .. ~- Motion Ayes xxx ~ i '. < ,. _, , I ~ CITY OF CARLSBAD - -6- November 16, 1976 It was moved that the request for waiver by Mr. and Mrs. Call be denied. City Manager. E451 19. AGENDA BILL #2027 - Supplement #4 - POINSETTA LANE AGREEMENT - OCCIDENTAL PETROLEUM. I The City Attorney reported that Occidental had entered into litigation in an effort to uphold the terms of their agreement with the City, dated July, 1974. The litigation involved the Coastal Commission's denial for the construction of the Poinsettia Lane.Bridge over the AT&SF Railroad, I and Occidental was seeking a claim for exemption. On October 15, 1976, the San Diego Superior Court ruled ag.ainst Occidental Petroleum's cl.aim for exemption. At this time, Occidental is requesting that the City Council find that they have satis- fied their obligations. It was moved that the Council find that Occid.enta1 Pe.troleum had satisfied its obligations under Sec- tion 2 of the July 1974 agreement and that no fur- ther action is necessary in regards to pursuing the claim of exemption from Coastal Regulations based on efforts to establish vested rights aris- ing from their Master Plan of 1970, as recommended by the staff. I I [94f 20. AGENDA BILL #3481 - Supplement #5 - THIRD E451 SUPPLEMENT. TO.. AGREEMENT - EXPANSION OF PLAZA _'. CAMINO REAL SHOPPING CENTER. A report was given by the City Manager regarding the expansion of Plaza Camino Re.al. He stated after negotiations with the May Company, it was the recommendation of. the City .Attorney and himself, it being to the mutual advantage of all:. parties, that a portion of Marron, from its inter section with Monroe to i-ts intersection with Jefferson St., should be dedicated to the City as a public street. It is presently included as. par of the new public parking area. Reference was made to a wall exhibit depicting the area under j discussion. w In concurrence with the recommendation, it was moved that the following Resolution be adopted by title only: RESOLUTION NO. 4042, APPROVING A THIRD SUPPLEMENT AMENDING THE AGREEMENT BETWEEN THE CITY OF CARLSB TH.E PARKING AUTHORITY AND PLAZA CAMINO REAL FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPING CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. ". .. - t i [Sl] 21. AGENDA BILL #3773 - Supplement #1 - REPORT ON 1701 GREENWOOD PROPERTY. Following a report by the City Manager regarding. the possible sale of the Greenwood -property, Coun cil discussion ensued. Concerns were expressed regard'ing the relocation of the 'Parks and Recrea- tion Department and the expansion of the City Hall Offices, which it was pointed out were almos at maximum capacity. I 1 COtlNClLMEf Motion X Ayes xxx .. - .. .~ - Motion I Ayes xxx - ,. " CITY OF CARLSBAD - -7- November 16, 1976 It was moved that the report be filed and that a public facilities needs assessment be prepared. [74] 22. AGENDA BILL #4009 - AMENDMENT TO CLASSIFICA- [50] TION PLAN AND SALARY PLAN - REDEVELOPMENT CO- ORDINATOR. A report wa.s given by the City Manaq'er and review of the duties required by. this position. The following Resolutions were adopted by title only: RESOLUTION NO. 4043, AMENDING THE CITY'S CLASSIFI- CATION PLAN TO INCLUDE THE POSITION OF REDEVELOP- I MENT COORDINATOR. I RESOLUTION NO. 4044, AMENDING RESOLUTION NO. 3956, BY AMENDMENT OF THE SALARY PLAN FOR CERTAIN EXECU- I TIVE AND ADMINISTRATIVE PERSONNEL FOR THE 1976-77 FISCAL YEAR TO ADD THE POSITION OF REDEVELOPMENT COORDINATOR. The following Ordinance was introduce'd for a first reading: ORDINANCE NO.. 1196, AMENDING CARLSBAD MUNICIPAL CODE SECTION 2.44.030. c 271: 23. AGENDA BILL #4010 - AUDIT REPORT - CITY OF CARLSBAD AND CARLSBAD WATER DEPARTMENT. i - .. The City Manager stated the .Audit Report for the City of Carlsbad and the Carlsbad klater Departmen had been completed for Fiscal Year Ending-June 30 1976, and had been submitted by ,the f'irm of Diehl. Evans and Company, City Auditors. A brief review of the Audit was given. " Discussion of the Audit Report was held and it wa moved that the Audit Reports be filed. t ¶ ¶ S [81] 24. AGENDA BILL #4011 - REQUEST TO PURCHASE CITY OWNED PROPERTY '- ELM AVENUE. \I 'The City Manager reported a request had been re- ceived from the developer of property adjacent to city owned property on Elm Avenue to purchase the city property. The last appraisal was made in Ju.ly, 1974 and based on that appraisal, the staff is of"€~he opinion that the present market value would be approximately $19,000. Background in- formation was provided. It was agreed that the property be declared.surplu: pr-operty and the matter be referred to staff for processing in accordance with the established policy and procedures-; further, that an up-dated. appraisal be obtained and that the market value be placed on that appraisal. [69] 25. AGENDA BILL #3783 - APPOINTMENT OF MEMBER TO PARKS AND RECREATION COMMISSION. Mayor .Frazee offered the name of- Ron Schwab for reappointment to the Parks and Recreation Commis- sion .for Council c0nsideration;and announced a vote would be takeion this matter at the next .Council meeting. COUNCILMEE Motion X Ayes xxx Motion x Ayes xxx Motion X Ayes xxx " .~ Motion X Ayes xxx .. ; Motion Ayes xx Noes - X < ,- rc CITY OF CARLSBAD - -8- November 16, 1976 CITY ATTORNEY ADDITIONAL BUSINESS: Appointments to Boards, Committees and Commissionc The City Attorney stated he had distributed his opinion regarding appointments to Boards, Commit- tees and Commissions, as-requested by the Council. CITY MANAGER ADDITIONAL B.USINESS: [I131 La Costa Master Plan Consultants. The City Mana- ger stated the staff has requested proposals from economic consultants for an economic appraisal of the La Costa Master Plan. Fourteen proposals havt been received. Of the fourteen, three to five have been chosen for interviews. Because this is the first time the City has done this, .he would like to have two members of the Council to assist in interviewing these economic consultants. He stated he felt this would help the Council to have a better understanding of the scope of the economic consultant when the matt-er is brought to th-e Council in its final form. Councilman Lewis volunteered to serve on the intel view committee, as did Councilman Skotnicki. [SI] Aerial Photo of the City of Carlsbad. The City Manager stated the Council had requested informa- ~' tion on the cost of an up-to-date aerial photo of the City, similar to the one taken several years ago. The .cost of such a pho,to has been estim'ated between $700 to $1,000 to have .a large scale map. It was agreed that the staff be.authorized to pur. chase an aerial photograph of th.e City of a suit- able- size and scale. [68] League of California Cities Seminar. The City . Manager briefly reported that the.League has a seminar scheduled on "Policy making and Goal Set- tingll'to' be held on November 17, 1976 in Orange County, and December 17, 1976 in Claremont. [113] Agua Hedionda Specific Plan. The City Manager ' [70] stated he felt this item should be set fer Tuesda: -. November 23, 1976, at a workshop session. [28] San Diego Coast Regional Commission. Mayor Fraze an'nounced that he has be.en appointed as the first offici-ai member of the new San Diego Coast Region Commission which will be in effect after the firs of the year, and briefly reported on the funding- av'ailable for pilot projects if they are approved .. ADJOURNMENT: By proper motion, the meeting was adjourned at . 10:47 P.M., to Tuesday, November 23, 1976 at 7:OO P.M., in the Council Chambers. Respectfully submitted, .q?dFg& .. MAR AR T E. ADAMS, City Clerk Nora K. Gardiner, Recording Secretary =s > - 2 P. YI e a t COUNCILMEC I I I ~ I I I " . T --.I Motion X Ayes xxx 1 1 Motion X ~ Ayes xxx I ~ I ,.