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Home My WebLink About1976-12-21; City Council; MinutesF 1 ? B' B %r ITY OF A RL4>&k3\D I QQh4 $3 Meeting of: CITY COUNCIL (Regular Yeeting) Date of Meeting: December 21, 1376 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ?s"!,77 ROLL CALL : INVOCATION was offered by Councilman Packard. PLEDGE OF ALLEGIANCE was given. PRESENTATION.: Mayor Frazee presented the National Thrift Honor Award for 1976 to the Carlsbad City Employees Credit Union. Mr. Darrell Bennett and Mr. llarry Ha'l:ton accepted the award on behalf of the Employees Credit Union. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the adjourned regular meeting held November 23, 1976, were approved as presented. Minutes of the regular meeting held December 7, 1976, were approved as corrected. Minutes of the adjourned regular meeting held December 14, 1976, were approved as presented. INTRODUCTION Mayor Frazee intr0duce.d Mr. Don Brown, the new * Manager of Carlsbad Chamber of Commerce. .. PAYMENT OF BILLS AND RATIFICAT.ION OF PAYROLL: Authorization was given the payment of bills for the General Expenses of the City: City Operation $292,481.06; I4ater Department $33,889.81; I.nvest- ments $1OO,OOO.OQ; Net Payroll .Transfer $ 93,100.47 for a total of $579,971.34 for the period December 1 , 1976, thru- December 15, 1976, as certified by the Director of Finance and approved . .by the Auditing Committee. Ratification was given the payment of the Payroll in the amount of $145,303.37 for the period November 29, 1976 thru December 12, 1976, as certified by the Director of Finance and approvec by the Auditing.Commi'ttee. ,. * CBNSENT.CALENDAR: Mayor Frazee announced that-Item #3 was being removed from the Consent Calendar, and withdrawn 'from the Agenda. The following items were approved by one motion, with the exception of . Item #3, affirming the action on the Consent Calendar. __ [197] 1. AGENDA BILL #728.- Supplement #1 -. CANNON ROAD GRADE CROSSING - EASEYEMT ACROSS AT&SF RIGHl OF WAY. Resolution $4060, accepting an easement\ across Santa Fe right of way at Cannon Road, and authorizing issuance of.!dariant in the amount .of $150.00, was adopted. rn\dNCD&kb4E ra .1 - D D ITY F (-=PARI- pJ=J -2- December 21 , 1976 3 ,. ., E701 2. AGENDA BILL 83606 - Suppl-ement #2 - LANDSCAPE [45] DEVELOPMENT OF LAGUNA RIVIERP. AND CAR COUNTRY PARK Council accepted the work and instructed Clerk to record the Notice of Completion and release bonds 35 days after recording date. [57] 4. 'AGENDA BILL 84030 - GENERAL PLAN AMENDMENT . DATES - CALENDAR YEAR 1977. Public Hearing dates were established on which General Plan Amendments may be first heard by the City Council. [74] 5. AGENDA BILL #4031 - EXECUTIVE COMPENSATION PLAN. Resolution #4062, adopting an Executive Compensation Plan for. certain management personnel - 1976-77 fiscal year, was adopted. [lo51 c471 c45 1 [1131 7. AGENDA BILL 84033 - SELECTION OF CONSULTANT [85] TO PERFORM ECONOF4IC IMPACT REPORT - LA COSTA E441 PIASTER PLAN. The proposal submitted by the firm of McDonald and Grefe was accepted, and prepara- .tion of the contract was authorized. [74] 8. AGENDA BILL #4034 - REQUEST FOR FUND TRANSFER [29] - CONSTRUCTION INSPECTION REQUIRENENTS. Resol u- E831 tion #4065, authorizing transfer of funds for temporary construction Inspector in Engineering Department, was adopted. [41] 9. AGENDA BILL $4035 - CLAIM AGAINST CITY QF CARLSBAD - MINIFRED JENKINS AND. CHILDREN. Resolution #4066, denying the claim and directing the City Attorney to refer the matter to City's insurance carrier, was adopted. - ORDINANCES FOR ADOPTION: By minute motion, the reading of the text of the ~ Ordinances before the Council at this meeting was waived. [S?] ' 10. AGENDA BILL #4028 i..AHENDMENTS AND ADDITIONS E671 t'@ PURCHASING SECTIONS OF THE MUNICIPAL CODE. ORDINANCE NO. 1197', AMENDING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SEC- 'TIONS 3.28.010 THROUGH 3.28.130 AND BY THE ADDI- TION OF SECTI.ONS 3.28.140 THROUGH 3.28.170 TO . REVISE THE PURCHASING PROCEDURES OF THE CITY, was given a second reading, and adopted. 1;. ORDINANCE NO. 11 98, AMENDING T-H:E CARLSBAD P4l)r.lICI- PAL CODE BY THE. ADDITION O~F~CHAPTERS 3.29 AND 3.30 AND THE DELETION OF CHAPTER 1.04 TO REVISE \ THE PROCEDURE FOR DISPOSAL OF SURPLUS CITY PROPERTY AND LOST AND UNCLAIMED PERSONAL PROPERTY was given a second reading, and adopted. i rn!$$=JLF&E r - B B. IT F- - - 3- December 21, 1976 - - PUBLIC HEARINGS: [99] 11. AGENDA BILL #4022 - Supplement #l - TENTATI - F'IAP APPROVAL - SAI4TA FE K;jOLLS - LA COSTA LAND COMPANY. " The Planning ,Director gave a staff report on the proposed project referring to a wall map. He ' indicated there should be a change in Condition 23 of the Planning Commission Resolution W1297 deleting 24 foot and inserting 28 foot. The Playor asked if anyone wished to be heard. Yr. Fred hrey, 2523 Abedul, Carlsbad, spoke on behalf of La Costa Land Company. Mr. Morey re- ferenced conditions 4 thru 7 ,regarding landscapi slope maintenance and erosion control. He state the present wording implies the necessity for formation of a Homeowners Association or some type of entity that will maintain the slopes. H reques-ted the wording be changed. No one else wished to be heard, so the Mayor de- clared the Public Hearing closed at 7:35 P.fl. Council discussed possible changes in wordi.ng so as to eliminate the implied requirement of a Homeowners Association. It was noted in Condi ti 5c the words "common maintenance of" may be deleted. In Condition 7 the words "to the satisfaction of the Planning Director" could. be deleted with insertion of Itto the satisfaction of Staff". A1 in the last sentence of Condition 7, the. word ttcommonly" should be deleted with the addition o the words '.'acceptable to the City Council" after "maintaining open space". Councilman Skotnicki questioned the Supplemental Environmental 1,mpact Report prepared by a con- sultant for La Costa, arid a discrepancy with the ?laster Plan of the Lib.rary. He furthe.r express-e concern regarding the amount' of grading required bfr. ~oyce Ri,ggan of Recon, San Diego, was recog- nized by Counci 1 'and responded to questions 'regarding the Environmental Impact Report and i ts preparation. Council approved Car1sSa.d Tract 75-9 and di recte the City Attorney to prepare the documents necessary as presented by Planning Commission . Resolution.#1297, with the changes discussed.: - DEPARTMENTAL AFiD CITY MANAGE-R REPORTS : P1 anni ng - 11131 12. AGENDA BILL #3794 - Supplement #l -'PLANNED UNIT DEVELOPYENT - GEORGE BILLINGS. The Planning Director gave a brief history of th i tem noting that Council had returned the matter to the Planning Commission at their meeting of November 2, 1976. He then referred to wall Exhibits "F" and I'G" and outlined the changes that had been made to the proposed project. P j t , ~ I !¶ I I 1 *' D B m ITY F . Ci4RL-B.. E q-/b a -4- December 21, 1976 =-a. It was noted-that a petition had been received with regard to the Master Plan requirements of single story units. As a point of clarification, it was noted that the Master Plan did not require the units to be single story. Mr. George Billings was recognized by Council and responded to various questions regarding parking, traffic and design of the project. Council recognized Mr. James Sorrentino, 2515 Via Astuto, Carlsbad, and Mr. John W. Allen, 2506 Via Astuto, representative of the Homeowners Associ a- tjon in Tiburon. They expressed their concern about the additional traffic and the effect the project would have on the value of their.property Mr. Gary Lipska, representing Larwin Development addressed Council regarding suggested revision of two requirements. In Condition 6fc), he re- quested the addition of the sentence "This re- quirement shall be waived if Area B. has been sol to the adjoining property owner.", as stated in Condition 14. For conformity purposes, Council agreed to the addition of the sentence. Mr. Lipska further requested with regard to Condition 19, that they be allowe'd to offer cash for this purpose as Marron Road is not actually a part of their development. Following further discussion, Council' instructed the City Attorney to prepare the necessary docu- ments for approval- of PUD-1 as outli.ned in Staff Report of October 13, 1976, changing the exhibit to the revised plot. plan (Exhibit F, dated Novem 'ber 5, 1976);revised elevation, (Exhibit G, dat ' November 5., 19761, .and the following condition: "?4i ssion til'e roof be extended across the ends o the building, and the wood detail of the front . . rocrf line be. extended also across the rear roof 'line." Staff was also instructed to review the Marron Road requirement and- return .with a report Y d l RECESS: Mayor Frazee called for a recess at 8:5 P.H., and the Council reconvened at 9:11 P.M. with four Co.unci1 members present. , E11.31 '7-3. AG.ENDA BILL #4025 - Supplement #l - SPECIFIC - PLAN AMENDMENT - NORMAN STA,RR. . - ORDINANCE NO. 9474, ADOPTING AN AMENDED SPECIFIC APARTMENTS IN FIVE BUILDINGS ON PROPERTY GENERAL TWEEN JEFFERSON STREET AND HIBISCUS CIRCLE, was i nt,vroduced for a fi rst. readjng only. f PLAN (SP-20(A)) TO ALLO1.J DEVELOPNENT OF FORTY LOCATED 0N:THE NORTH SLDE .OF TAMARACK AVENUE BE- .'). : \ .* .I . \ ! & WJbyJLt&E .I ITY F wbzsn%e D B - -5- December 21, 1976 ~051 D71 '. - Pub1 i c Works 14. AGENDA BILL #4036 - SPEED ZONE - CARLS'BAD - BOULEVARD - TIERRA DEL ORO TO PlANZANO DRIVE. The Public Works .Administrator reported on the matter stating that two surveys had been conducte in the subject area. One took place in August of 1973 and the second in November of 1976. Due to the results of the surveys and in ord'er to enable the Police to use radar as a means of enforcement the Traffic Safety Commission was recommending the speed limit be set at 45 mph. Council discussed the possible problems that woul be created if the zone were set at 45. Discussio also related to enforcement problems that could be created i-f the zone were set at 35, which is lower than the eighty-five percentile speed travelled in the surveys. It was questioned as to whether this area would qualify under special conditions so as to enable Council to set the speed at 35 without it being classified as a "speed trap" by the California Vehicle Code. Council recognized Mr. John Gray, 5451 Los .Robles Dr., Carlsbad and Mr. Allen who spoke against setting the speed at 45 mph. The matter was returned to staff-for findings that there are special conditions existing to justify a 35 mph zone from Monzano Drive north to the Aqua Hedionda Lagoon Bridge. The City, Manager stated that also a report would be brought back to Council relative to the succes in enforcing the sp.eed zone. Councilman Packard requested that staff's feeling whether use of radar can be justified be included in the report. '15. AGENDA BILL #4037 - REQUEST FOR NEW SENIOR .. ENGINEERING AIDE POSITION. . The Public .Works Administrator aave a brief re- port on the matter. RESOLUTION' NO. 4067; AUTHORIZIN'G THE CITY JIANAGER "79 ADD ONE-SENIOR ENGINEERING AI'DE TO THE ENGI- NEERING DEPARTMENT STAFF, was adopted. Councilman Skotnicki suggested that the item be pointed out in the budget schedule for the next fiscal year. City Manager The City Planager requested khat Item P22 be'.dis- cussed at this time. since a'representa.tive of the County Housing Authority was present. \, 22. AGENDA'BILL #4042 - THIRD YEAR HOUSIidS AND - COMMUNITY DEVELOPMENT BLOCK GRANT. The City Manager reported on the matter outlininc the proposed changes in the program for the coming year. He noted that ,the scope of work previously allowed is being controlled to a greater extent. '! t, 1 NGILtdE Ad0 '" Mot i on Ayes b Motion Ryes 1 .. I .1 D I) He repor.ted that whereas in the past the funds had been distributed on a formula basis, the Board of Supervisors is considering handling by means of applications being submitted on projects If this change was made, it could mean that Carlsbad might possibly receive more or 'less than. its "fair sha.re" . Counci 1 recognized Betsy Morris , representative of the County Housing Authority; who outlined the various reasons for the change. She further detailed the alternatives open to Council. the City would be assured of receiving its equal share and would have the flexibility of using the funds in any of the four areas outlined as being acceptable uses of funds. The City Manager gave a brief history on the i tem and noted that the Parks and Recreation Dir.ector was.present to respond to questions. Council discussed the various uses wherein the use of alcoholic beverages may be requested. Further Council discussion expressed concerns . about the facility should .alcoholic be served, and possible legal liability to the City. out sale. The motion failed for lack of a second Council decided to take affirmitive.action in establishing a policy where alco!iolic beverages [Sl! 17. - AGENDA BILL #4039 - GIFT OF HOMEY TO THE - CITY - RANCHO CARLSBAD. The City Manager'reported briefly noting that the ?j-ift was for the purpose of purchasing a new motorcycle for the Off Road Law Enforcement program. .It was noted that the person who made the offer is currently .being considered for an appointment, therefore the timing was bad. The,:motdrcycle being used by the Police Officer. Therefore..:".no determination was made whether it is operable. . . . currently designated for this purpose is 'not of a quorum. Council decided to continue the matter. -6 m:m D F - 7- December 21, 1976 "" . 75 .4 [70] 18. AGENDA BILL #2295 - Supplement #2. - CALAVERA [Sl] - LAKE/COUNTY REGIONAL PARK. The City Manager reported on the matter indicat- ing the County's reluctance to continue with the project. He further stated that the County would continue wi.th the project if the City of Carlsbad would donate a portion of the lake to them. Following a brief discussion, Council decided to inform County that the City does not 'wish to donate the property, but is still willing to continue negotiations. [70] 19. AGENDA BILL #4040 - PROBLEM BEACH ACCESS - [Sl] 2445 OCEAN AVENUE. The City Manager reported the access is narrow at this point a-nd staff is recommending an 8 foot chain link fence be placed along the.property line. Also staff will study the possibility of acquiring additional land for wider access under the Capital Improvement Program. It was the feeling of Council that the 8 foot chain link fence was only a temporary solution, and staff was instructed to obtain further .infor- mation as to availability of additional property and a report be made back to the Council. [30] 20. AGENDA BILL #4041 - ADOPTION OF 1976 EDITION - OF UNIFORM SIGN CODE. The City Manager gave a brief staff report. Title to the following Ordinance was read and the matter set to Public Hearing on January 18, 19.77: - ORDINANCE .NO: 8071 , ANENDING TITLE 18, CHAPTER 18.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND ' ,MEN7 OF SECTZONS 18.20.095.THROUGH 18.20.090 IN- .CLUSIVE AND BY REPEALING SECTIONS 18.20.095 THROU 18.20.140, TO ADOPT BY REFERENCE THE 1976 EDITION ADDITIONS AND AMENDMEMTS. OF THE UNIFORlrl SIGF4.CODE SUBJECT, TO CERTAIN CHANG '[ll3] 21. AGENDA BILL #3528 - Supplement. #6 - AGUA [701 '. - HEDIONDA SPECIFIC PLAN... [SS] "-- Mayor Frazee relinquished the Ch.air to Vice-Mayor Lewis since this matter involved San: Diego Gas & Electric Company holdings. The Planning Director referred-to a wall map in- dicating the commercial. areas already existing along 1-5.. Referring to the approximately 45 acres belonging to San. Diego Gas & Electric; he stated staff had difficulty recommending a par- .-, ticular des ignation.'for that area' if it were to be set up as commercial. \ Council discussed whether the commercial zone should front on the Lagoon, or whether it should be set back a distance. ~$jfd@~~-f!&~ 1 '7. *I wa3Bxzm ." - a w F B&q -8- L December 21, 1976 -w"- ,-. . w Following further discussion, Council certified EIR 329 with the exception of the commercial area -at Cannon Road and 1-5 and approved in concept the Plan as submitted with the amendments of December 7, 1976 and December 16, 1976 and added a .commercial designation in concept at the corner of Cannon Road and 1-5 and authorized fo'rwarding . of the' Plan to the Coastal Commission. 1691 23. AGENDA BILL $3783 - APPOINTING MEMBER T'O PARKS AND RECREATION COH.1MISSIOH. A motion was made to adopt Resolution No. 3783, appointing Plr. Ron Schwab to the Parks and Recreation Commission pursuant to Ordinance No. 1025. The motion received a second. It was suggested that since Mr. Schwab was the person who had offered the gift of money for the purchase of a motorcycle, that the matter also be continued. A substitute motion was made to continue this matter until 'a full Council was present. CITY COUNCIL ADDITIONAL BUSINESS: Councilman Skotnicki reported briefly on the recent JAC meeting. Councilman Lewis gave a report on the recent . Parks and Recreation Commission meeting and conveyed the Commission's appreciation to Council for their presence at the Laguna Riviera.dedica- ti on. Mayor Frazee noted that Coastal Commission meet- ings'will'begin on January 7, 1977, and it will be well into February of 1977 before permits *. . .start to be processed. - CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney stated that General Law Cities may be able to 'zone by initiative and he would furnish addi-tiona-1 information on this to Council '. w.hen it is received.. .. . -.. - CITY !IANAGER ADDITIONAL BUSINESS: The City Manager informed Council that the had resigned.. . Recreation Superintendent, Plr. John Sonnhal t&.r, ADJOURNMENT: .. - .. ... .. .:.:By proper motion, the meeting.,.vas adjourned at. II 13]2:: 05 A . M . .. .% ' . Respectful ly submitted, \ $72y&f(L MARGAR E. ADAMS, City' Clerk Lee Rautenkranz, Recording Secretary m:JN%EL$$jg