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HomeMy WebLinkAbout1977-02-01; City Council; MinutesiF- ,x [ *Ti* y pc y" 8, rT 6 c vq & y) (+=t&.&ci. -*.+& kt+=*. $.%.& + ?..* 3 54 =+$e 5 CL\.!,?t &&"J h &.,; iz 1 %."U?"I ,*..L-.YXzd b 0 L$(;.'. 1 )4 1 1 Meeting of: 'CITY COUNCIL (Reguler Meeting) Date of Meeting: February 1 , 1977 Time of Meeting: 7:OO P.M. Place of *Meeting: Council Chambers )?~~~~~~~~~:~.~~~~~~-~~~~~~~~"~"-~~ . %7"7~&+~.:":2*" ROLL CALL: INVOCATION was given by Councilman Packard. .- PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: Minutes of the adjourned regu'lar meeting held January 11, 1977, were approved as presented. Minutes of the regular meeting held January 18, 1977, were approved as presented. MaY0.r Frazee announced a letter, dated January 3, 1977, had been received from the Library .~oard of Trustees requesting a correction to the Minute of the Join$ Meeting held November 9, 1976 to in- clude a statement by Mrs. Schindler of the Librar Board. Discussion was held by the Council and it was agreed that the Minutes of November 9, 1976 be amended to reflect "Mrs. Schindler expressed cern regarding the .propriety of lumping spec fically designated monies into the General Fund". .. PAYMENT OF BILLS AND RATIFICATION OF THE PAYROLL: Authorization was given the payment of Bill the General Expenses of the City: City Opera- tions $185,317.11; Water Department $14,071 -60; Investments $500,000.00; Net Payroll Transfer $86,835.43 for a total of $786,224.14 for the period January 16, 1977 through JanuarY 31,, 1977, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the..payrnent of the P 'in the amount of $138,191.75 for the period ary 10, 1977 through January 23, 1977, as certi- fied by the Finance Director and approved by the Auditing Committee. CONSENT CALENDAR: ' At. the request of Councilman Lewis and wbth the . unanimous consent of the Council, Item #3 was removed from the Consent Cal-endar. The 'fol- items were approved by one motion, with the ex- ception of Item #3, affirming the action on the Consent Calendar. ~ [34] . 1. AGENDA BILL #3647 - Supplement #3 - CITY OF [45] - CARLSBAD/CHAMBER OF COMi'IERCE AGREEMENT. The [50] report from the Carlsbad Chamber of Commerce dated January 31, 1977, was accepted and authori- zation was given for payment in the amount of $6,, 250.00. ~ ! I i i .-I (-J-f=y (==J fz= C3$&+ 6 ."* q"g7 &. P$. ~=!~M~~L,~&Tf $a%&J$*"$g& , B-6 F"\'"\ri \A*\ y? "9 t -p%aL 3 \:I< <p&$ yi i,i: y; 3 :: .$- V''Z ~lcF $" \ d.a ?* 7: + . I -\*:(: \ $2 <:.. *.- .", b J 1 5, \* $>. 1;- \ -2- .Ai yt February 1, 1977 ~.~~,~~~~~-~-~~~~~~~~~~~~~~~~~"~~~~~~~- - ~ C851 2. AGENDA BILL # 3790 - Supplement #2 - HUMAN NEEDS ASSESSMENT. Resolution NO. 4083, authori- 4. A.GENDA BILL #4039 - G OF CARLSBAD - RANCHO CAR 4068, accepting a gift of money 3. AGENDA BILL #4011 - Supplement #T - SALE OF CITY OWNED -PROPERTY - ELM AVENUE EAST OF PI0 PIC0 DRIVE; Councilman Lewis stated had had requested this items removed from the Consent Calendar because he is opposed to the sale of this property, and the following Resolution was adopted by title REAL PROPERTY AT PUBLIC AUCTION, ORDINANCES FOR ADOPTION: The following Ordinances were given a second reading and adopted: -.'THROUGH 18.20.140, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM SIGN CODE SUBJECT TO CERTAIN CHANGES, ADDITI-ONS AND AMEND~ENTS. 7. AGENDA BILL #4046 - Supplement #1 - GRAWT- ING ZONE CHANGE (ZC-184) - DAVID MINNICH. MAP TO GRAr4T A CHANGE OF ZONE (ZC-784) FROM R-1-7500 TO R-P-Q (RESIDENTIAL PROFESSIONAL WITH QUALIFIED OVERLAY ZONE). VALLEY KNOLLS - LA COSTA LAND COMPANY. LOTS ON 106 ACRES LOCATED EAST OF EL CAMINO REAL AND SOUTH OF LA COSTA AVENUE. ,-l f+J 7- y [a ("p "$6 q; & 52$$=J - p" B 0 tiCE I I I 1 - 3- February 1, 1977 ~szvmr~~ " ;4%2%"~za?r . "F-~'~~~"~ PUBLIC HEARINGS: [113] 9. AGENDA BILL #4057 - REQUEST FOR ZONE CHANGE (ZC-783) - DAVID KOYL. A brief staff report was gi-ven by the Acting Planning Director at which time he stated this request was in conformance with the General Plan and the recommendation of the staff and the Plan- ning Commission was for approval as requested. Mayor Frazee inquired if anyone wished to beheard regarding the request for a zone change. I MR. DAVID KOYL, 2104 Linda Lane, Carlsbad, the appli- cant, explained his reason for this request and urged Council approval. Since there was. no one else who wished to be heard, the Publ i.c Hearing. was c1osed.s.a-t 8:52.P.M. Following questions and discussion by the Coun- cil , the City Attorney was directed to prepare the documents necessary for approval in. confor- mance with Planning Commission Resolution No. 1310. [57] 10. AGENDA BILL #4058 - GENERAL PLAN AMENDMENT - GPA-40 - PEGGY R. HADLEY. I The Acting Planning Director provided background information and referred to the location of the proposed area using a transparency which was exhibited for review. Further, he stated that the Planning staff, Planning Commission and the applicant, after the original request had been reviewed, came to a. compromise on the proper de: signation for this. property and it is that de+ signation which is being presented to the Counci The Public Hearing was opened at 8:02 P.M. and MR. NICK BANCHE, 3464 Ridgecrest, Carlsbad, re- presenting th.e applicant, was heard. Mr. Banche ..addressed the issue of the Sewage Disposal Plant which was located directly across from the sub- ject property. He stated that the proposed lo- cation was ,excellent. for commercial development and the odor which occurs from- the sewage treat- ment facility was unlikely to interfere with a commercial facility. ,As a matter of land use, M-r. Banche .'stated, it would merit Council's support. 1 I No one else wished to be heard and the Publ ic Hearing was closed at 8:13 P.M. . During disc.ussion by the Council, concerns were, expressed .l?egardi ng the sewage treatment plant. Further discussion was .held .and the City Attor- ney was directed to prepare the documents necess ary for approval as ;per Planning Cornmission Re+ solution No. 1312. The City Manager stated these documents would be returned to the Council for approval at the same time the five minor amendments to the Land Use Element (AB #4059) were brought.back to the Coun cil for approval. f-Jy F>\i( : ps ; ::i''l*:. dLJiYGr&&.limrl rg$ ..a y:2;\ '3 '2 c.. ..,. t-. h b\f7xJ; '?qp\t,3tp' i -&Ja 4sg\2:\j,@ I. -3 yb c ,\':-: p?.y \: I5" 3 2d I' b" 17 b a,* . . . , i 1-"y fJFT cp g;q c T% 3, I"., ~".?~;pg;~;-$.$~~6 6 qg -\,~$~~&&? -4- February 7 , 1977 [57111. 'AGENDA BILL #4359 - GENERAL PLAN 'AMENDMENT - ._ . .e-==,&- m2+- -,.""" . -,."- LAND USE ELEMENT - CITY OF CARLSBAD. The City Manager stated that there are five minor, land use amendments which were scheduled for con- sideration by the Council'this 'evening.. This was inddvertantly advertised throu.gh a technical error and will have to be readvertised. It will be several weeks before this will be returned to the Council for consideratfon. Mayor Frazee inquired if there was anyone who wished to be heard this evening that would not be available to speak at a later time when thjs is returned'to the Council. No one wished to be heard and the Mayor stated this matter will be readvertised and heard at a later date. RECESS: The Mhyor cal-led for a recess at 8:27 P.M. and the Council reconvened with all Counci.1 Members .present at .8:40 P.:M. [105lH.OUSING - AUTHORITY: The Council adjourned to the Housing Authority at 8:41 P.M. and reconvened at 9:02 P.M., with all Council Members present. - DEPARTMENTAL AND CITY MANAGER REPORTS: Planning. [ 99112. AGENDA BILL #4045. - Supplement #1 - APPROV,AL Cl13IOF PLANNED UNIT DEVELOPMENT/TEN.TATIVE MAP - CA'WON - PARK UNITS 1, 2 AND 3 - LA COSTA LAND COMPANY. This matter was returned to the Council for approval of the documents, and the following Resolutionswere , adopted: .RESOLUTION NO. 4080, APPROVING WITH CONDITIONS TATIVE MAP (CT 76-17) FOR A 212-LOT SUBDIVISIO ON PROPERTY GENERALLY LOCATED ON THE NORTH SID LA .COSTA AVENUE BETWEEN. CADENCLA STREET AND GIBRAL- TAR. .. RESOLUTION NO. 4081, APPROVING A PLANNED UNIT DE- VEL.OPMENT (PUD-7) FOR 209 RESIDENTIAL UNITS ON PRO- PERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN CADENCIA STREET AND G1,BRALTAR. City Manager. [105]13. AGENDA BILL #3253 - Supplement #2 - OFFSHORE - OIL DRILLING - CPO PRESENTATION. Mr. Art Letter, Intergovernmental Relations Coo-r- dinator from CPO, was introduced by Mayor Frazee. Mr. Letter stated he wished to make.a presentation regarding the Outer Continental Shelf Oil and Gas Leasing Program which is being underta.ken by the U. S. Department of Interior - Bureau of Land Man-. agement to inform.the Council of the efforts. which have been m'ade by CPO. He stated CPO has been com- municating with the Department of Interior to avoid some of the problems experienced during Lease Sale #35. Lease Sale #48 is the one presently being .. -1 (,- F -f-+f 0:- c p*. FC **> 5.. 9 F 5 &q $*. 6 "% MBi k 66 k!j-%.. &J-{Q f-+!~.?~~;#--~~~pJ y&"": 0 5x2 -5- February 1 , 1977 ~.~;i~,~~~~~~'*~.~~~~~~~~~~r;CLi.~~.~-~~~~.~~~~"~.~~~-~~~~~~,~~~~~,~~~ di'scussed and an exhibit was displa.yed which , cited the 27 tracts of interest to the oil com- panies for drilling. Mr. Letter pointed out on the exhibit the location of Lease Sale #48 and the other tracts which could have an impact on the San Diego Coastline. He also stated that the Department of Interior .will be 'holding Public Hearings in San Diego County regarding thismatter and that CPO has adopted a Resolution regarding off-shore drilling and reported on the Coastal Commission stand. Questions were asked by the Council and no actio was taken. I E511 14: AGENDA BILL #3600 - Supplement #3 - PARAMEDI 1501 UNIT FOR CITY OF CARLSBAD. A report was given,by the Fire Chief. In report, ing to the'\ Council', he stated some concern was by the Council for the level of paramedic service in the southern areas and he h8s addressed that concern in his report. Questions were asked of . Chief Thompson and discussion was held as to the possible future needs for Paramedic Services in the City. The recommendation to establish one paramedic unit at Fire Station #3, was accepted and the following Resolution was .adopted by title only: RESOLUTION NO. 4086, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF INITIATING PARAMEDIC SERVICE. [861 15. AGENDA BILL #4061 - SENIOR CITIZEN'S HOUSIN( A lengthy report was giv'en by the City Manager at whic,h time he provided background information and stated a questions was raised as to how the housing could be restricted to Senior Citizens, . . since it might be viewed as a violation of the Civil Rights Act. The City Attorney reported' briefly on this question. Mr. Bill Rick, t-he applicant, was heard by the .. Council. He stated that his proposal was a pri- vate development which-would benefit the City by providing the need for Senior.Citizen housing and he has worked with his attorney for several months in prepari-ng this matter- for presentation to the Council. Council discussion ensued and concerns were ex- pressed regarding the parking requirements, and it was agreed the matter be referred to' the -staf for study and public hearing before the Plan-ning Commission, for a Zone Code'Amendment which would allow 'the establishment of',senior citizen h.ousing with special City standards by Con"dj:ti.on a1 Use Permit. [78] 15. AGENDA BILL #4062 - VEHLCLE ABANDONMENTI [72] . HIGHWAY PATROL ENFORCEMENT. ~321 - The City' Manager reported a request had been received from the Police Department for Council consideration of a change to the Municipal Code which would enable the California Highway Patrol >%2?ss5€%%mu- A4 I ! t . Motion Ayes Motion Ayes \.\rt p+;3 { \\ k $;Ti; *\;-Em p ' !??I t5> b . i_ , [&* y-4 P tli v tb:., p;* \5? I i .-- \p.ym -*" f, y, $.% y; L$ \i3 .a_ - 1 =.&Je ,.-e -x,dL? L ,+ f=& 1 "ri- y f@J F ,p* f. -.& *$ [,*"e Sq,& $3 18cr80-t be- b&.+ ob - 6- February 1 , 1977 *-&-;-~A-"m&.-,~~~~ - -.- . .m "-i~"T.- ". . ' - . & to' handle abandoned autbmobiles. wit'hin the City of Carlsbad. This would provide better .enforce- ment with minimum cost to the City. Brief discussion was held by the Council and the following Resolution was'adopted by title only: - RESOLUTION NO. 4087, REQUESTING THE CALIFORNIA I) HIGHNAY PATROL TO ADMINISTER THE CITY'S ABANDONE VEHICLE PROGRAM IN ACCORD WITH CHAPTER 10.52 OF THE CARLSBAD MUNICIPAL CODE. ORDINANCE NO. 5052, AMENDING CHAPTER 10.52 OF TH CARLSBAD MUNICIPAL CODE BY THE AMENDMEMT OF SEC- TIONS 10.52.040 AND 10.52.103 IN ACCORD 1tIITH RE- CENT CHANGES TO THE STATE LAW REGARDING ABANDONE VEHICLES, was given a first reading. < [70] 17. AGENDA .BILL #910 - Supplement #8 -. CONMUNIT ' [45] SWIMMING. POOL - EIR CONSULTANT. Th'e City Manager stated the staff has reviewed its consultant files and. requested WESTEC Servic Inc. to submit a proposal for preparation of an EIR on the proposed Community Swimming Pool. Th Council. at a previous meeting instructed that the EIR be completed prior to the development of any architectural plans for the pool. The staff was recommending, based on the qualifica- tions of the consultant, that the Council accept the proposal prepared by WESTEC Services, Inc.. Brief discussion was held and the proposal pre- Pared by WESTEC Services, Inc., was adcepted. . The following Resolution was adopted by title only: . - RESOLUTION NO. 4088, APPROVING AN AGREEMEHT BE- TWEEN THE CITY OF CARLSBAD AND WESTEC SERVICESy 'ON THE PROPOSED COMMUNITY SWIMMING POOL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEWENT. . - INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT 0, C741 18. AGENDA BILL 44063 - LIBRARY SALARY STUDY. .. . The City Manager reported that the City Council i.-ncluded money in the 1976-77 fiscal year budget for certain Library personnel salary increases, but that the funds were not to b'e expendad until a salary study of Library personnel was 'complete He stated the study is completed. and Yr. Pieti, the Personnel Director, would report on the man- ner in which the study was conducted. ~631 The Personnel Director gave a report to the Coun cil and stated the recommendation, based'on the, results of surveys, was that no c.hanges be made to existing library salary schedules. It was agreed- that the recommendation of the Personnel Director be accepted. -7 ("yJ". t:'". @ ;< p :? 1 , k Y",, L,,* s X" i h. &[i?m\!c\ 0 $j \ ,&x p+-J :; e\.- yz- \<. v? y .;;:\ 25 \ \ y-, \?!\$ \+?>? "+ ..- $%,>. \,'< p':* yr < 1 , '1 6. y-s/g 1" 0 5" p"; [x ;:+i c2 Lm7 P$ SI". IE % ti- LS .p :--< g, %&+JQ/?k.J ~5$!~;f~~~~,~.m~ z$z%e32 I) 0 RESOLUTION NO,. 4022, APPOINTING- ONE MEMBER TO TH PARKS AND RECREATION COM~~IISSION PURSUANT TO ORDI -7- February ~ 1, 1977 w1 19. AGENDA BILL #3783 - APP.OINTING A MEMBER ad i~~,~.~~~-~::~~~~-.~~"~-~" -~~~~'~~.~~~~~"~~-~~~~~~~~~~~~-~~-~=-~~-, TO THE PARKS AND RECREATION COMMISSION. j Mayor Frazee stated at the last C.ounci1 Meeting " he had recommended the appointment of Greg Nelsor to f"i11 the vacancy on the Parks and. Recreation Commission. The following .Resolution was adopt- ed by 'title only appointing Greg Nelson to the Parks and Recreation Commission: 1 1 NANCE NO. 1025. i- E681 20. AGENDA BILL ~064 - NATIONAL LEAGUE OF CITIES/FULL MEMBERSHIP. The City Manager stated last year the City o.f Carlsbad became an' Associate 'Member of the Na- tional League of Cities. The Associ.ate classi- fication has been deleted this year so that it must be decided if the City wishes :to become a full member at the full membership fee of $400.00 for the year beginning April 1, 1977 thru March 31, 1978. Lenthy discussion was held by the Council as to the benefits derived from member- ship in the National League of Cities. .. It was agreed that the City of Carlsbad join the National League of Cities as 'a full member and that authorization be given for the payment of $400.00 to the League for membership fees. CITY COUNCIL ADDITIONAL BUSINESS: [63] a) Friends of the Library - Book Fair.. C'ouncil [SO] woman Casler stated that Tom Hamilton and Tom Chase, co-chairman of the Library Book Fair hope to erect a large-sign at the entrace to Holiday Park. Materials for this sign have beer donated but the cost to have the City Seal pai.nl ed in the center will be $100.00. The sign will be used at the Book Fair after which it will be' turned over to the. City for whatever use the City desires. The co-chairman are asking finan- cial assistance from the City'to pay for the cost of painting.the City Seal. '"Following discussion, it was agreed that the City Manager be authorized to release 'funds in the amount of $100.00 to pay for the co-st of painting the City S-ea1 on this sign. his attendance at the Labor Relations Institute [921 c) Joint Advisory Committee Meeting. A repott was given by Councilman Skotnicki on the last JAC Meeting an,d he referred to his memorandum ed the Public Works Administrator was in the process of preparing a report on this matter . which will be presented to the Council as soon as possible. Dl) \;;$ \*-is g B Y a.m>&%k 1 n n .,\$>* ("2: i- X \'Z> y;: *x \*,x\ ::-*, ' I .f f-vi 7-3 J $"".!? f r-. 6 c'% f'% A V* . c4./&a5 ,fi$,r !.':?ce$i ,*:.;,,-< ?.iff' $1 4 P ~~,~~~~~-*~.~~~~~~'~~ - 8- February 1, 1977 ~~~-".~:4~-~2~~"~~.~~~~~~~,~~~-~,-~~~ DI-.u~~~~~~~~~~~l~~~~~ --- Lengthy discussion was held and a brief repor! was given by the Public Works Administrator. E621 d) Assembly Bill - Agricultural Land Use Bill. MayorFrazee stated at the last session of the Legislature, Assemblyman War.ren intorduced an Agricultural Land Use Bill .(AB 15) which did not g pass the legislature, and has been reintroduced this session as AB 222. Senator Boatright and a co-sponsor have also introduced an Agricultural Bill which has more local control than the Warren Bill and the Rayor requested consideration by the Council of these Bills to decide a position on them. Senator Stull also has requested corn- ments regarding these Bills. 8 E621 e) Executive Session Bill. Mayor Frazee stated Senator Stull is proposing A Bill which may change the.: Executive Session Law. Al.ong with this, the League Board took action to s.upport legislation this year that would restore the privilege that Councils previously had to discuss. tive Session. The following Items from the Agenda's General Information were discussed: . appointments to boards and commissions in Execu- [loo] B. Letter from City of Cornpton re: Redistribu- tion of Sales Tax Revenues. Mayor Frazee suggested that the'staff be direct- ed to prepare a Resolution opposing the re.distri bution of Sales Tax Revenues. on the basis of population. It was the concensus of the Council that a Resol tion be prepared opposing the redistribution of Sales Tax Revenues on the basis of population and that a letter also be sent with the Resolu- tion explaining the details of the Resolution. [32] D. Letter from the City of Oceanside re: Sale - by Department of Motor.Vehic1es of names and addresses of citizens. The Mayor suggested that the staff be directed to prepare a Resolutio'n protesting the sale of names and addresses by the Department of Motor Vehicles. By concensus of the -Council, the staff was direc ed to prepare a Resolution accompanied by a 1 ett.er, protesting the practice by the Departrnen of Motor Vehicles of the sale of names and :' addresses of citizens upon request. B C871 F. Letter from San Diego Air Quality P.rogram. Councilman Skotnicki stated he had discussed thi matter with the City Manager and.it is his under standing that the City Manager intends to check into what the implications are of the plan Tor adoption by the County Board of Supervisors and CPO of the Regional Air Quality Strategy and Management Plan. It is certain that there will be an impact on the City and possible impact on the General Plan. The City Manager reported briefly on this matter and stated that he :would follow this report with a memorandum for the I' , .F EzYG3sm I) B <."*< -.,, c I --r v c.1 F (-Q* A Q' f tq tz. $ """c, L. M&F &&&&!& ?JJ -9- February 1, 1977 1- ~ ,,_- :,.- i~"=~~-~"~~~-~~~~~~~~~~~*~-_n-~~~~~.~.~.-~~.~.~~~~.' ~~ ".."_" ------"", Council expanding on his oral report to explain : what the process is expected to be and h.ow'.cities might be become invol'ved. Further, he-stated he will report on this from time to time. [87] G. letter from Supervisor - First District re: li [lo51 Community Development Bl ock Grant. Counci lman Skotnicki referred to the letter from Mr. Tom Hamilton, Supervisor, First District concerning the Community Development B1 ock Grant appl i catio of which the ,City is a participant. The City Manager reported briefly and stated he would re- turn to the Council with a report. CITY ATTORNEY ADDITIONAL BUSINESS: [62] The City Attorney stated he had provided a memo- randum for the Council regarding the Financial Disc1osure'"dates and reported briefly on some changes in the law which have occurred. - CITY MANAGER ADDITIONAL BUSINESS: c 321 The City' Manager stated it has been brought to his attention as a result of the Regional Coast Commission agenda that the State is proposing overnight parking of campers on- some of thebeach areas which my include Carlsbad along Carlsbad Boulevard. He has received nothing official re- garding this but would recommend that the City immediately contact the State to.determine de- tails of the proposal. It is his understanding parking provisions will have restrictions. The Council expressed concern regarding the en- .forcement of the drinking problem in the beach ble impact on the City. By motion, the staff was i,nstructed to immediate . areas and further discussion ensued as to possi- . .ly address a'letter to the appropriate agency . of the State expressing concern reg,arding the matter of overnight parking 'along Carlsbad.Boule vard. ADJOURNMENT: ,By proper motion, the meeting was adjourned at 10:55 P.M..to February 8, 1977, at 7:OO P.H., in the Council Chambers. 4 Respectfully submitted, MARGAR WT /%G??;fg&. E. ADAMS, City C1 erk Nora K. Gardiner, Recording' Secretary &@Ad$j"$t pp - ..&l L" L"P h6 t2 :A,-=-". I ~ ! j I Motio Ayes Motio Ayes I p\r\f&\ci e- >.>$+JE\23 \.;tGfs k&$ ," 'r &. \<?; i F' g \ :\, f2 : t$k$;" \yyy$:d\d~ ;z i _I ~.~~~~~~..i~l.-~.~~"'.- i' , I c - ..1 I -,-d .4 i! k; n. n