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Home My WebLink About1977-03-15; City Council; Minutes. CITY , OF CARLS Meeting of: CITY COUNCIL (P.eqular Meeting) Date of Meeting: March 15, 1977 Time of Meeting: 7:QO P.M. ROLL CALL : INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. PRESENTATION: Mayor Frazee presented a Resolution of Apprecia- tion to Mr. Ronald S. Schwab, an outaoing mem- ber of the Parks and Recreation Commission. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the regular meeting held February 15, 1977, were approved as presented. Minutes of the adjourned regular meeting held February 22, 1977, were approved as presented. Minutes of the adjourned reaular.meeting held March 8, 1977, were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $188,357.99; Water Department $6,901.15; Investments $200,000.00; Net Payroll Transfer $90,594.35 for a total of $485,853.49 for the period March 1, 1977 through !larch 15, 1977, as certified by the Director of Finance and approve by the Auditing Committee. I Ratification was given the payment of the Payroll in the amount of $146,282.39 for the period February 21, 1977 through March 6, 1977, as certified by the Finance Director and approved by the Auditing Committee. Mayor Frazee indi'cated that the Plaza Camino Real was having its birthday celebration on March 20, 1977, at 1:00 P.M. to which the Council was invited. He then stated the Bank of America ribbon-cuttinc ceremony was scheduled for March 18, 1977. He indicated he would be unable to attend and in- quired if any of Council could. Councilman Skotnicki stated he would attend. CONSENT CALENDAR: The following items were approved by one motion, affirming the action on the Consent Calendar. [93] 1. AGENDA BILL 84093 - REFUND OF READY-TO-SERVE [SO] AND SE!dER SERVICE CHARGES. Council authorized the refund of $1,826.10 to the Kremeyer Company for overpayment. CCWNCILME Motion X Ayes xx 3 Motion Ayes xx Motion X Ayes xx Motion X i Ayes xx ~ ~ - I) D March 15 * [;:I c731 [451 .. c114-j t 991 CITY OF CARLSBAD COUNCILMEN -2- , 1977 53 CONSENT CALENDAR.. (Cont'd) 2. AGENDA BILL #4094 - ENCORACHMENT PERMIT - PERENNE PLACE - SHAPELL INDUSTRIES OF SAN DIEGO, INC. Resolution No. 5010, approving an agreement between the City of Carlsbad and the owner of Lot 227 of Map 8379 for encroachment in Perenne Place and authorizing the Mayor to execute said agreement, was adopted. 3. AGENDA BILL #4095 - EVERGREEN CIRCLE - CONSTRUCTION OF SLUMP STONE GlALL !:IITHIN PUBLIC RIGHT OF kIAY. Resolution No. 5011, approving an agreement between the City of Carlsbad and the owner of Lot 1 of Map 8072 for encroachment in Evergreen Circle and authorizing the Mayor to. execute said agreement, was adopted. ORDINANCES FOR ADOPTION: By minute motion, the reading of the text of Motion all Ordinances before the Council at this A.Y e S xxx meeting, was waived. 4. AGENDA BILL #4072 - Supplement #1 - CREA- TION OF COMMERCIAL TOURIST ZONE - ZCA-83. The following Ordinance was given. a second Ayes reading and adopted: Motion CARLSBAD MUNICIPAL CODE BY THE ADDITION.OF ORDINANCE NO. 9478, AMENDING TITLE 21, OF THE xxx CHAPTER 21.29 TO PROVIDE FOR A (C-T) COMMERCIAL-. TOURIST ZONE (ZCA-83). PUBLIC HEARINGS: 5. AGENDA BILL ti4096 - TENTATIVE MAP (CT 77-11. - JOHN McKEAND. The Acting Planning Director, Bud Plender, gav a staff report with the aid of a transparency showing the location of the property. He then responded to questions by Council. The Mayor declared the pub1 ic hearing open and asked if anyone wished to be heard. Mr. John McKeand, '2525 Jefferson, Carlsbad, owner and developer, spoke briefly about the proposed project. Since no one else wished to be heard, the Mayor closed the public hearing at 7:17 P.M. Various concerns expressed by Council were: parking, density, lagoon frontage, drainage into Buena Vista Lagoon, and sewer avai1abilit.r. The City Attorney was instructed to prepare Motion X the documents necessary for approval subject Ayes xxxx to a condition which would require an offer of dedication for public use of the 24 ft. common driveway and a statement being included re- gardina sewer capacity not being guaranteed at the time the developer applies for a building permi t. - m B - CITY OF CARLSBAD -3- March 15, 1977 [98] 6. AGENDA BILL #4097 - STREET NAME CHANGES - SNC- 1. The Acting Planning Director, Bud Plender, gave a staff report on the matter. He indicated these streets were being recommended first for name changes as they were unoccupied and would be easier to change. Council questioned the reasons for changing the names and the method used for selecting new names. Councilman Packard requested a list of the proposed street name changes. The Mayor asked if anyone wished to be heard and declared the public hearing open. Norman Goldfarb, 3019 A.zahar Court, Carlsbad, Joan Woodward and Michael Woodward, 3021 Azahar Court, Carlsbad addressed Council stating the area is inhabited. They read and then present .ed to the Clerk a petition signed by 25 resi- dents of Azahar Court, which protested changing the nam.e of Azahar Court and suggested alterna- tives to that particular change. Yo one else wished to be heard, so the Mayor closed the public hearing at 7:44 P.M. Following a brief discussion, Council instruct- ed the City Attorney to prepare the documents necessary to approve the name changes in Groups 1-1, 1-3 and 1-4, and referred Group 1-5 back to the Planning Commission. [931 7. AGENDA. BILL #2261 - Supplement #2 - INCREAS [671 IN SEWER CONNECTION FEES. Yayor Frazee gave a brief statement on the matter. The Mayor then declared the public hearing open and asked if anyone wished to be heard. Mr. Henry Thompson, 330 Chestnut, Carlsbad, expre,ssed the opinion that annexed areas had caused the sewer shortage and should be charged; but that the downtown area infilling should be encouraged and should not be charged the increased fee. Mr. Peter Novak, representing Goldrich, Kest and Associates, 15233 Ventura Blvd., 186 Union Bank Building, Sherman Oaks, .California, indicated the proposed increase caught develop- ers by surprise. He did not oppose the in- crease but felt it should be accomplished more gradually. Mr. Ronald Schwab of Rancho Carlsbad, ques- tioned the effect on mobile homes where spaces were already contracted for but awaiting delivery of the mobile homes. No one else wished to be heard, so the Mayor declared the public hearing closed at 8:17 P.M I I - eel A ~ I Plotion Ayes - UNC 311 .X I i ~ .ME1 no ti ha ~ I I ~ 1 j X xx - D - CITY OF CARLSBAD -4- March 15, 1977 Council questioned whether any codes or writte policies existed regarding the treatment of mobile homes in regard to sewer connections. The City Attorney stated the matter of sewer connection fees in the case of Rancho Carlsbad Mobile Home Park is a matter of court record i the case between the City and Western Land Development Co. (Rancho Carlsbad). It was the decision of the Court that Rancho Carlsbad wou pay sewer connection hook-up fees at whatever rate the fees were at the time of actual hook- UP. Following lengthy discussion, the following Ordinance was given a second reading and adopted: ORDINANCE NO. 7045', AMENDING CHAPTER 13.08 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTION 13.08.080 and 13.0.8.085 TO INCREASE THE SEWER SYSTEM CONNECTION FEES. The City Attorney stated he would prepare for Council consideration a modification to the Ordinance which would address those areas of concern by the Council which have been dis- cussed. t' RECESS: The Mayor called a recess at 8:46 P.M and Council reconvened at 9:03 P.M. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Planning I: 571 8. AGENDA BILL #4092 - GENERAL PLAN AMENDMENT GPA-40 - PEGGY HADLEY, GPA-43 - CITY OF CARLS- BAD AND GPA-44 - L. BRUCE STALLARD. Mayor Frazee indicated a letter had been re- ceived from Nick Banche, Attorney for Peggy Hadley, in which they requested GPA-40 applica tion be denied. The City Attorney was instructed to prepare documents indicating denial of GPA-40 - Peggy Hadley, and approval of GPA-43 - City of Carlsbad and GPA-44 - L. Bruce Stallard. The City Attorney indicated separate documents on each of the General Plan Amendments would be returned to Council. y. Dl31 9. AGENDA BILL 84086 - Supplement #l - ZONE CHANGE (ZC-183) - RONALD .M. BONAGUIDI, WAYNE LILL AND BOB NEELY.. This matter was returned for documents. RESOLUTION NO. 5012, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC-187) FROM R-3 TO R-P-Q (RESIDENTIAL-PROFESSIONAL- QUALIFIED) ON PROPERTY GENERALLY LOCATED WITH MAJOR FRONTAGE ALONG PI0 PICO, BETWEEN PINE AVENUE AND OAK AVENUE, was adopted. ~ - n n 1J S S- - COUNC I Motion Ayes - Motion Ayes Motion Ayes I X X X X .MEh xx xx X xx - B Marc - [99] 11 131 C28J [261 1931 CITY OF CARLSBAD COUNCILMEF -5- h 15, 1977 54 ORDINANCE NO. 94.79, AMENDING TITLE 21 OF THE xxx Ayes CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING X Motion MAP TO GRANT A CHANGE OF ZONE (ZC-187) FROM R-3 TO R-P-Q (RESIDENTIAL-PROFESSIONAL-QUALIFIED) ON PROPERTY GENERALLY LOCATED ALONG PI0 PIC0 BETWEEN PINE AVENUE AND OAK AVENUE, was intro- duced for a first reading only. 10. AGENDA BILL #3069 - Supplement #2 - TENTATIVE MAP (CT 76-12) AND PLANNED UNIT DEVELOPMENT (PUD-4) CALAVERA HILLS - ROBERT LADIlIG (AGENT). Mayor Frazee acknowledged receipt of a letter dated March 15, 1977, from Roy J. !4ard, the applicant, requesting the matter be deferred untii such time as the sewage capacity problem has been resolved. Councilwoman Casler stated her disapproval of the project was based on her feelings that the project should be revised, not on the sewer ' capacity issue. Per the applicant's request, Council tabled it is to be renoticed for public hearing. X Noes city problem has been resolved, at which time xx Ayes the matter until such time as the sewage capa- Motion Pub1 ic Works 11. AGENDA BILL #4047 - Supplement #1 - UNDERGROUND UTILITY ADVISORY COMMITTEE. The following Resolution was adopted by title only: RESOLUTION NO. 4074, APPOINTING ONE MEMBER TO Motion X THE CITY OF CARLSBAD UNDERGROUND UTILITY Ayes xxx ADVISORY COMMITTEE, and that member being . Edwin S. Schick. 12. AGENDA BILL #4098 - BRISTOL COVE STORM DRAIN ASSESSMENT PROJECT. The Public Works Administrator, Ron Beckman, gave a. staff report on the matter indicating the contract would be only for preliminary work. A second contract for engineering and formal assessment work would have to come before Council for action. Council authorized staff to negotiate a con- Motion tract with the firm. of Bement-Dainwood-Sturgeor Ayes xxx for preliminary engineering work on the pro- posed Bristol Cove Storm Drain Assessment Project. Council concurred that the minutes reflect the following advice by the City Attorney on the matter: CITY OF CARLSBAD -6- r 0 D ~ ~ ~ March 15, 1977 "Based on a review of the Bristol Cove siltatio problem, the City did not have any legal res- ponsibility for the situation; that the problem was a private one to be resolved between the residents, the homeowners' association and the developer; that i'n processing this matter the Council was simply assisting a group of propert owners to investigate the feasibility of using an assessment district to take care of a neigh- borhood problem; that it is a normal procedure for the City to assist property owners in their efforts to pay for their own public improvement that the City's participation does not obligate €he City to the district in any way and that any citizen potentially affected by the propose district will be afforded an opportunity to fully air their views and protest as they wish before the district can be formed." City Manager E531 13. AGENDA BILL #4088 - LA COSTA COMMUNITY ' ANTENNA SYSTEMS, INC. The City Manager gave a brief staff report on the matter and indicated that a letter had beer: received in opposition. Council recognized Mr. Fred Morey, General Manager of La Costa Community Anetnna Systems, Inc. Mr. Morey gave a brief history of the company and outlined the various reasons for their request to extend cable television ser- vice into the Ponderosa Subdivision. Following brief discussion, Council determined that any action concerning Ponderosa be re- served until the City's CATV consultant makes his final recommendation to the Council. [681 . 14. AGENDA BILL #4099 - LEAGUE OF CALIFORNIA ~501 CITIES HEADQUARTERS BUILDING. Mayor Frazee reported briefly on the matter outlining the two options available to the City Ifor paying their assessed portion of the League- Qf California Cities Headquarter's building. Council agreed on Option #l., that one lump sum payment with 10% discount due by August 1 , 197; was the option preferred for inclusion in the budget preparation. E92 1 15. AGENDA BILL #5000 - MODULAR OFFICE UNIT - c 841 ENCINA WATER POLLUTION CONTROL FACILITY. E501 The City Manager g.ave a brief staff report indicating only one previous bid had been re- ceived on the item and it was substantially above the budgeted amount. He further indi- cated the specifications had been slightly modified and staff felt the unit could be obtained within the budgeted amount. II I 7 COUNCILMECI 57 I r .. 'Y j Mo ti on Ayes Motion Ayes X xxx X xxx - I) 8 Mar C681 ~831 ch 1 - CITY OF CARLSBAD COUNCILMEF \ -7- 5, 1977 Council questioned the need for an air condi- tioning unit, and staff indicated this was usually standard equipment on such units. RESOLUTION NO. 5013, REJECTING A BID RECEIVED Motion XI ~ AND AUTHORIZING AND DIRECTING THE PURCHASING Ayes XI x x UNIT, was adopted subject to addition of an alternate specification deleting the air conditioning. AGENT TO RE-ADVERTISE BIDS FOR A MODULAR OFFICE 16. AGENDA BILL #5001 - COASTAL COMMISSION INTERPRETIVE GUIDELINES. The City Manager gave a brief report on the matter and outlined his memo to Council dated March 14, 1977, and indicated there would be a public hearing by the Regional Coastal Commission on the hatter on March 25, 1977, in. San Diego. Council expressed conce'rn about the Pannonia Properties and Cannon Road requirements under the "Agua Hedionda Lagoon Area" of the Guide- lines. The main concern of CounciLwas that the Guidelines be strictly Interim Guidelines and not become the backbone or criteria which local coastal plans are judged. Mayor Frazee indicated that several people had requested the opportunity to be heard regarding the matter. The following people were recog- nized by Council and expressed their opinions of the Guidelines: MR. PERRY LAMB, 5171 Shore Drive, Carlsbad, CA; LE!4 PRITTEN, 330 Chinquapin, Carlsbad, CA; JERRY ROMBOTIS, 3505 Charter Oak Dr., Carlsbad, CA; and HENRY THOMPSON, 330 Chestnut, Carlsbad, CA. Following further discussion, Council instruct- Motion X ed staff to prepare a written report addressed Ayes xxx to the Coastal Commission containing Council's concerns about the Interpret-ive Gu-ldel ines , as recommended by the City Manager in his memoran- dum dated March 14, 1977, and to attend the Public Hearing on the Coastal Commission Guidelines to be held March 25, 1977. CITY COUNCIL ADDITIONAL BUSINESS: 17. AGENDA BILL #5002 - TRI-AGENCIES PIPELINE. Councilman Skotnicki indicated this matter was on the agenda at his request. He had found a section of the Government Code which allows cities to review and report on any Capital Improvement Projects for special districts, and inquired why the City did not take advantage of this law and compare pro.jects, such as Tri- Agencies Pipeline, with our General Plan as to its conformance. - D B Mar c1103 1281 [911 C371 I331 E281 ~921 E341 c521 ch - CITY OF CARLSBAD COUNClLMEIi h -8- 15, 1977 4 c Following discussion by Council, staff was 65401 and 65402 of the Government Code and instructed to institute processes under SectioncAyes Motion review and report on the Tri-Aaencies Pipeline. CARLSBAD MUNICIPAL WATER DISTRICT: Mayor Frazee indicated he had recently been contacted by the CMWD Board of Directors with regard to the Council assuming the role of Board of Directors and the City assuming the operations of the CMWD. He informed Council that the Board of Directors had appointed a committee to meet with an appointed committee for the City. Mayor Frazee then appointed Councilman Lewis and Councilman Packard to serve on the committee to meet with the CM!.ID Board of Directors. SCHOOL BOARD/CITY COUNCIL JOINT MEETING: Councilman Lewis suggested that Council conside.. School Board. It was the concensus of Council to extend an invitation to the School Board for a joint meeting. ' the possibility of a joint meeting with the LIBRARY BOARD OF TRUSTEES: I Councilwoman Casler reported on the Library Board of Trustees meeting stating that the Friends of the Library's recent art auction had resulted in $2,160 being donated toward the purchase of Audio Visual Equipment. SENIOR CITIZENS: I Councilwoman Casler then reported that the Senior Citizen's Fellowship Luncheon has moved to the Jefferson School. Also they are re- questing a 4-way stop sign be installed at Harding Street and Oak. JOINT ADVISORY COMMITTEE: Counc\jlwoman Casler reported on a special meet ing relating to the sewer capacity problem. The final decision of JAC was that the Water Quality Control Board be asked to re-rate the plant as the capacity could possibly be in- creased. It was further determined that Brown and Caldwell's prior report should be updated as to the use of chemical additives; as well as obtaining reports from those plants where chemicals have been and are being used. - CITY'S 25th ANNIVERSARY: I Councilwoman Casler questioned whether there were any special activities or events planned to celebrate Carlsbad's 25th anniversary. It was suggested that possibly efforts might be combined with those of the Chamber of Commerce . for a possible fireworks display, or other method of celebration. X xxx I + CITY OF CARLSBAD COUNCllMEP -9- March 15, 1977 /D r3 Mayor Frazee appointed Councilwoman Casler and Councilman Packard to meet with the Chamber of Commerce regarding a special event for Carlsbad's 25th anniversary. C761 PLANNING COMMISSION: Mayor Frazee announced that three terms on the Planning Commission would be expiring in April, and that applications should be encouraged. CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney d'istributed a memo to Council relating to a new unemployment insurance law, Council when additional information was avail- able. B I and indicated he would report further to ~301 The City Attorney informed Council that the California Supreme Court had increased cities liability for building activities, which Compensation Insurance by everyone who takes out a Building Permit. ADJOURNMENT: By proper motion,. the meeting was adjourned at 11:17 P.M. to March 22, 1977, at 7:OO P.M. in the Council Chambers. Respectfully submitted, ' requires the City obtain proof of .Workman's "-/A- NORA K. GARDINER, Deputy City Clerk Lee Rautenkranz, Recording Secretary '. B