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HomeMy WebLinkAbout1977-03-01; City Council; Minutes; .- Y ._." CITY OF CARLSBAD COUNCILME1 I - c I 1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March I, 1977 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers - ~~ ROLL CALL: I INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. T I PAYMENT OF BILLS AND RATIFICATION OF THE PAYROLL Authorization was given the payment of Bills for the General Expenses of the City: City Opera- tions $201,681.50; Water Department $33,388.33; Net Payroll Transfer $89,561.35 for a total of $324,631.18 for the period February 16, 1977 through February 28, 1977, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payrol' in the amount of $144,545.37 for the period February 7, 1977 through February 20, 1977, as certified by the Finance Director and approved by the Auditing Committee. CONSENT CALENDAR: At the request of the City Manager, Item No. 7 was removed from the Consent Calendar for dis- cussion, and Item No. 8 was removed for con- tinuation. The following items were approved by one motion, with the exception of Item No. 7 and Item No. 8, affirming the action of the Consent Calendar. [113] 1. AGENDA BILL #4073 - Supplement #l - AMEND- MENT TO SPECIFIC PLAN - VALE I1 - CITY OF CARLSBAD. Resolution No. 5000, approving Speci- fic Plan Amendment to delete a portion of a previously adopted Specific Plan SP-38(A), was adopted. [41] . 2. AGENDA BILL #4079 - CITY CLAIMS/SMALL CLAIMS COURT. Resolution No. 5001, designating certain .City employees to file City claims for damages in Small Claims Court, was adopted. [78] 3. AGENDA BILL #4080 - ALLOCATION OF FUNDS FOR [89] DISTRICT ATTORNEY TRAINING PROGRAM - POLICE [SO] DEPARTMENT. Resolution No. 5002, requesting the County Board of Supervisors to support a County- wide training program by District Attorney's Office for individual Police Department, was adopted. , [83] 4. AGENDA BILL #4081 - PREVAILING WAGE RATES - PUBLIC WORKS CONTRACTS. Resolution No. 5003, adopting the General Prevailing Wage Rates for Public Works as determined by the Department of Industrial Relations, was adopted. [81] 5. AGENDA BILL #4082 - CARLSBAD WATERLINE EASE- MENT QUITCLAIM - SAN DIEGO GAS & ELECTRIC CO. The Mayor was authorized to execute a Quitclaim Deed for a waterline easement over a portion of Lot I'H", Rancho Agua Hedionda, Map 823, in the City of Carlsbad. ' Present X X X Motion xxx Ayes x Motion xxx Ayes X ~ Motion xxx Ayes X' P / .. CITY OF CARLSBAD ,. -z- - a 8 .c March 1, 1977 CONSENT CALENDAR (Cont'd.) [41] 6. AGENDA BILL #4083 - CLAIM AGAINST THE CITY - S. A. ENRIGHT. Resolution No. 5004, denying a claim against the City, was adop,ted. ITEMS REMOVED FROM THE CONSENT CALENDAR: [70] 7. AGENDA BILL #4084 - CONSULTANTS AGREEMENT - [45] CANYON PARK DESIGN. The City Manager stated the item had been remove1 since a new agreement had been distributed due to errors in the original agreement. The follow. ing Resolution was adopted by title only: RESOLUTION NO. 5005, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KATER AND ASSOC IATES FOR DESIGN OF CANYON PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. [99] 8. AGENDA BILL #3653 - Supplement #2 - FINAL MAP APPROVAL" LA COSTA VALE NO. 4 - LA COSTA LAND COMPANY - (CT' 76-33. Council concurred that this item be continued. ORDINANCES FOR ADOPTION: By minute motion, the reading of the text of all Ordinances before the Council at this meeting, was waived. [113] 9. AGENDA BILL #4057 - ZONE CHANGE (ZC-183) - DAVID KOYL. ORDINANCE NO. 9477, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL -CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-183) FROM R-1-7500 TO RD-M FOR 1.4 ACRES GENERALLY LOCATED . ON THE WEST SIDE OF FREEWAY 1-5 BETWEEN JEF.FER- SON AND MADISON STREETS, was given a second reading and adopted. PUBLIC HEARINGS: '[57] 10. AGENDA BILL #4059 - Supplement #1 - GENERAL PLAN AMENDMENTS - LAND USE ELEMENT (GPA-43) - CITY OF CARLSBAD. The Planning Director, Bud Plender, gave a staff report, outlining the five areas concerned and indicating locations of each on a wall exhibit. The City Manager then indicated that Council may wish to exclude Area No. 2, Batiquitos Lagoon amendment until such time as the law suit be- tween San Diego County and a land owner in that area is resolved. ~ The Mayor relinquished the Chair to Vice-Mayor Lewis as the matter related to San Diego Gas and Electric Company holdings. Vice-Mayor Lewis opened the public hearing and asked if anyone wished to be heard. I 7 - i - COUNCILMEC + d I $3 \\ - (I,' ~ I Mot i on Ayes xxx Motion Ayes xxx Motion Ayes xxx CITY OF CARLSBAD -3- - 0 8 - March 1, 1977 Mr. Perry Lamb, 5171 Shore Drive, Carlsbad, indi cated approval of withdrawing the Batiquitos are at this time for further discussion. Since no one else wished to be heard, the Vice- Mayor closed the public hearing at 7:24 P.M. The City Attorney was directed to prepare the documents necessary to approve four of the amend ments to the General Plan, excluding Area No. 2, Batiquitos Lagoon. Following a brief discussion, Council requested they be furnished with a written report on the Batiquitos Lagoon matter prior to the next General Plan Amendment date. Vice-Mayor Lewis then relinquished the Chair to Mayor Frazee. [57] 11. AGENDA BILL #4091 - GENERAL PLAN AMENDMENT LAND USE ELEMENT (GPA-44) - L. BRUCE STALLARD. The Planning Director gave a brief staff report with the aid of a transparency showing the location of the subject property. He outlined the reasons for the requested zone change and responded to questions by Council. The Mayor declared the public hearing open and asked if anyone wished to be heard. Mr. L. Bruce Stallard, 2620 Second Avenue, San Diego, distributed to Council a letter containin the various reasons for requesting the zone change, then read the contents of the letter. No one else wished to be heard, so the Mayor closed the public hearing at 7:53 P.M. - . Following a brief discussion, it was moved that the City Attorney be directed to prepare docu- ments for denial of GPA-44. The motion failed for lack of a majority. The City Attorney was directed to prepare the documents necessary for approval of GPA-44, and staff was directed to prepare a zone implementa- tion program for the Extensive Regional Retail (RRE) land use designation. [gg] 12. AGENDA BILL #4085 - APPROVAL OF TENTATIVE MAP - CT 76-13 - SAMUEL M. PEARLMAN. Mayor Frazee indicated a letter had been re- ceived from the applicant request the matter be withdrawn. Council concurred with the reques and removed the item from the agenda. [113] 13. AGENDA BILL #4086 - REQUEST FOR ZONE CHANGE (ZC-187) - RONALD M. BONAGUIDI, WAYNE LILL AND BOB NEELY. Following a brief staff report by the Planning Director, Bud Plender, the Mayor declared the public hearing open and asked if anyone wished to be heard. - - a - - - g t - COUNCILME I I ~ ~ Motion X Ayes .X xx Noes Motion xx Ayes X X Noes - D 8 - CITY OF- CARLSBAD -4- March 1, 1977 Mr. Bonaguidi, 1200 Prospect St., La Jolla, applicant, stated he would be happy to respond to any questions Council may have. No one else wished to be heard, so the Mayor declared the public hearing closed at 8:25 P.M. Council instructed the City Attorney to prepare the documents necessary for approving ZC-187 as per Planning Commission Resolution No. 1328 for a change of zone from R-3 to R-P-Q. [IO11 14. AGENDA BILL #4087 - REQUEST FOR CERTIFICATE OF CONVENIENCE AND NECESSITY - WESTERN STATES TRANSPORTATION, INC., dba YELLOW CAB CO. I The City Manager gave a brief report indicating the number of cabs should be four rather than three. The Mayor opened the public hearing and asked if anyone wished to be heard. Mr. Bill Hilton, 3960 Cordon Dr., La Mesa, Vice- President of Western States Transportation, referred briefly to their acquisition of the Yellow Cab Company in San Diego and Oceanside. Since no one else wished to be heard, the Mayor closed the public hearing at 8:29 P.M. The following Resolution was adopted by title only as amended: RESOLUTION NO. 5006, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ISSUANCE OF A CERTIFICATE TO WESTERN STATES TRANSPORTATION, INC. dba YELLOW CAB TO OPERATE ING THE CITY CLERK TO ISSUE SAID CERTIFICATE FOUR TAXICABS IN THE CITY OF CARLSBAD AND ORDER- ' . SUBJECT TO CERTAIN CONDITIONS. RECESS: The Mayor called for a recess at 8:31 P.M. and the Council reconvened with all Council Members present at 8:48 P.M. HOUSING AUTHORITY: E1051 The Council adjourned to the Housing Authority at 8:48 P.M. and reconvened at 8:49 P.M., with a1 1 Counci 1 Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Planning [114] 15. AGENDA BILL #4072 - Supplement #1 - CREATIOI OF COMMERCIAL TOURIST ZONE - ZCA-83. The following Ordinance was introduced for a first reading only: I ORDINANCE NO. 9478, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.29 TO PROVIDE FOR A (C-T) COMMERCIAL- TOURIST ZONE (ZCA-83). COUNCiLMEl rme Y5 \I c - cn- I Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes X - D 8 \ - CITY OF CARLSBAD c -5- March 1, 1977 I ~~ ~ 1 [99] 16. AGENDA BILL #3069 - Supplement #2 - TENTA- [113] TIVE. MAP (CT 76-12) AND PLANNED UNIT DEVELOPMENT (PUD-4) CALAVERA HILLS - ROBERT LADWIG (AGENT). The Mayor read a letter receivedffrom the appli- cant requesting a continuation of the matter. I Council granted the continuance to the next regular meeting. Councilwoman Casler further requested that the Intent and Purpose section of the PUD Ordinance be distributed to Council for further review. Pub1 ic Works [931 17. AGENDA BILL #2261 - Supplement #2 - SEWER CONNECTION FEES. I Following a brief report by the City Manager and Council discussion, the following Ordinance was introduced for a first reading only: I ORDINANCE NO. 7045, AMENDING CHAPTER 13.08 OF TH MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 13.08.080 AND 13.08.085 TO INCREASE THE SEWER SYSTEM CONNECTION FEES. Staff was instructed to notice the matter for a public hearing at the March 15, 1977 meeting. I [28] 18. AGENDA BILL #4047 - Supplement #l - UNDER- GROUND UTILITY ADVISORY COMMITTEE. I Mayor Frazee offered the name of Mr. Edwin S. Schick for appointment to the Underground Utility Advisory Committee for Council considera- tion and action at the next regular meeting. ' . City Manager [89] 19. AGENDA BILL #4090 - JOINT MEETING - CITY OF [37] CARLSBAD/COUNTY BOARD OF SUPERVISORS. The City Manager indicated there is to be a join.; meeting with the County Board of Supervisors on April 14, 1977 at 5:30 P.M. in their Chambers. In addition to the items suggested by the City Manager for discussion, other items suggested by Council were: development of Coastal Plan in unincorporated area; proposed solid waste transfer station, possible assistance on dispos- al site, Batiquitos Lagoon and Growth Management Task Force. [53] 20. AGENDA BILL #4088 - LA COSTA COMMUNITY [45] ANTENNA SYSTEMS, INC. I Staff requested and the applicant concurred with a continuance of this item. COUNClLMEt Motion Ayes x~ Noes xx I Motion Ayes xxx Motion Ayes xxx '\. CITY OF CARLSBAD WNGibME 0 8 - -b- aw [7O] 21. AGENDA BILL #4089 - FUND ALLOCATION OF [SO] N'EJEDLY-HART STATE, URBAN AND COASTAL PARK BOND [32] ACT OF 1976. The City Manager gave a brief report on the matte Following brief Council discussion, the following Resolution was adopted by title only: RESOLUTION NO. 5007, APPROVING THE RECOMMENDED COASTAL PARK BOND ACT OF 1976. FUND ALLOCATION OF NEJEDLY-HART STATE, URBAN AND [70] 22. AGENDA BILL #3746 - Supplement #1 - DRINKING [85] ON THE BEACH. ~781 The City Manager indicated if Council desired, th Ordinance could be introduced for a first reading but it would not be brought back for adoption until the State had been contacted as to their willingness to ban drinking on the beach. The following Ordinance was introduced for a firs reading only: ORDINANCE NO. 3106, AMENDING TITLE 8 OF THE CARLSB MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.44 TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON CITY BEACHES. By minute motion, Council instructed staff to request the District Superintendent, San Diego Coast Area, Department of Parks and Recreation, to prohibit consumption of alcohol on State Parks within the City limits of the City of Carlsbad, excepting the South Carlsbad State Beach, pur- suant to Section 4327 of the California Adminis- trative Code. - CITY COUNCIL ADDITIONAL BUSINESS: [68] Councilman Skotnicki referred to the Coastal Plan Subcommittee review and comment on Interpretive Guidelines for procedures for establishing review and approval of Coastal Programs. The City Manager indicated staff is reviewing the matter and will be presenting a report to Council. [62] Councilman Skotnicki then questioned whether [Sl] Council wish-ed to support Senate Bill 201 which would allow cities to collect fees from developer for school sites. He also indicated the School Board at this time was not supporting the Bill. It was the concensus of Council.that staff be directed to obtain information regarding the School Board's position on the matter, and to receive the report at the next workshop meeting. [92] Councilman Skotnicki reported on the recent Joint Advisory Committee meeting and their discussion of the sewer flow problem. The Committee re- quested the inaccurate flow meters be returned to the manufacturer for repair or replacement. ~ They also discussed possible effects of chemical i treatment in the plant. , I Motion X Ayes xx 3 - Motion X Ayes xx * . ’* - 8 CITY . QF CARLSBAD -7- F March 1 1977 Further discussion involved the Preliminary Management Study which consisted of two phases, and JAC’s recommendation that Carlsbad take over as administering agency. Council clarified the fact that they had agreed only to go to the Interim Phase. I [681 Councilwoman Casler reported on the Senior Citizen’s Association meeting. It was noted that the “Meals on Wheels” would not be operating as 0cea.nside did not wish to participate. [7OI Councilman Lewis reported on the recent Parks and Recreation Commission meeting and a discussion about the possibility of a dance area being set up in Holiday Park. He also indicated there would soon be a new Recreation Superintendent. [lll] Mayor Frazee indicated that the San Diego County 208 Water Quality Planning Effort currently has six citizen committees working on the effort, and wishes to add another committee consisting of elected officials. Carlsbad was selected as a city to provide an elected official on this committee. It was the concensus of Council that Councilwoman Casler be appointed as the member of this committ [68] Mayor Frazee reported briefly on the Coastal Commission. By proper motion, the meeting was adjourned at 10:30 P.M. to March 8, 1977, at 7:OO P.M. in the Council Chambers. Respectfully submitted, 724&/a& NORA K. GARDINER, Deputy City .Clerk Lee Rautenkranz, Recording Secretary ~ I I I I i 1 j I I I = e CCWNCILMI ~ ~ e.