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HomeMy WebLinkAbout1977-06-21; City Council; MinutesF' 1_1 0 0 Me Da P1 11 etin te o me o ace - 17 1 CITY OF . CARLS5AD COUNCILME ROLL. CALL: INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES-: (Approved by one motion) Councilman Lewis indicated in the minutes of the meeting held June 7, 1977; on page 3, item 12, that he had voted aye rather than the, indicated no, and that Councilman Skotnicki had voted no. Further on page 10, item 24, it was noted that the minutes did not reflect the no votes. Minutes of the adjourned regular meeting held May 31, 1977, were approved as presented. Minutes of the. regular meeting held June 7, 1977, were approved as corrected. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Investments $700,000.00; Net Payroll Transfer $125,847.65 for a total of $1,327.570.76 for the period June 2, 1977 through June 15, 1977, as certified by the Finance Director and approved by the Auditing Committee. Committee. CONSENT CALENDAR: Mayor Frazee stated Item N.o. 1 was being r'emoved from the Consent Calendar. ITEMS REMOVED FROM CONSENT CALE'NDAY: 1. AGENDA BILL #5098 - SPHERE OF INFLUEFI'CE SCHEDULE. Mr. Jay Stewart, representative-of LAFCO, made the presentation to Council. He outlined briefly Mr. Stewart referred to a wall chart of'the 208 Areawide !daste Management Program Schedule - Regionwide Plan and a wall chart shbwing the Spheres of Influence Schedule for Carlsbad - Vista - Oceansi.de, which showed the projected schedule for adopting a Sphere of Influence for the Tri-City area. He then responded to question by Counci 1. preparation of the Sphere of Influence.' lbll B 0 dune - C 341 C45 I ~501 C341 c501 1961 c 781 E991 ~631 E451 C95 1 1451 c501 I CITY OF , CA -2- 21, 1977 "_~_" - ~~~ CONSENT CALENDAR: With the exception of Item No. 1, the following items were approved by one motion affirming the action on the Consent Calendar: .2. AGENDA BILL #5099 - CHAMBER OF COMMERCE' QUARTERLY REPORT/REQUEST FOR PAYMENT OF BASIC SERVICES (FINAL QUARTER FY 1976-77). Council approved payment of $6,250.00 for basic services to the Chamber,of Commerce for the final quarter FY 1976--77. 3. AGENDA BILL #5100 - CITY 25th YEAR CELEBRA- T,ION (INCORPORATION) REQUEST FOR FUNDS. Counci 1 approved the expenditure of $2,718.00 to the Chamber of Commerce from the Special Services Fund. 4. AGENDA BILL #5101 - STOP CONTROL ON VALLEY STREET AT ELM AVENUE. Resolution No. 5118, designating stop control on Valley Street at its intersection with Elm Avenue, was- adopted. 5. AGENDA BILL #3795 - Supplement #2 - FINAL UNIT NO. 1. Council approved the Final Map of Carlsbad Tract 76111, Tamarack Shores, Unit #l. MAP - CARLSBAD TRACT 76-11 - TAMARACK SHORES 6. AGENDA BILL #5051 - Supplement #1 - CITY LIBRARY PAINTING - CONTRACT NO. 1038. Resolutiol No. 5119, accepting bids and authorizing the execution of Contract No. 1038 for painting City Library, was adopted. The City Manager was directed to include $3,300.00 as a continuing appropriation in the 1977-78 operating budget. 7. AGENDA BILL #5055 - Supplement #1 - CONSTRUC TION OF CONCRETE CURB AND GUTTER, SIDEWALK, DRIVEWAYS, AND CROSS GUTTER AT VARIOUS LOCATIONS CONTRACT NO. 1041. Resolution No. 5120, accept- ing bids and authorizing the execution of Contract No. 1041 for construction of concrete curb and gutter, sidewalk, driveways, and cross gutter at various locations, was adopted. 8. AGENDA BILL #5102 - REFUND OF OVERPAYMENTS. Council authorized refunds of overpayments as follows: $2.90 to Lusardi Cons€ruction Co. for overpaid closing water bill; $32.78 to Surf Motel for overpaid closing water bill; $1.93 to L R Partnership for overpaid closing water bill; $10.03 to John Overland for overpaid closing water bill; $11.74 to R. S. Gilltngham for over- paid closing water bill; $4.17 to Paul !deir for overpaid closing water bill; $12.50 to Warren Prewett for cancelled tennis class; $168.31 to Surf Motel for overpaid clos.ing wafer bill; $9.9 to Kirginia Reed for refund on lost library book $114.40 to Robert S. Gillingham for 1" water service; $155.00 to John J. Mamaux for refund of zone change fees; $330.00 to Duke Dobriner for refund of zone change fees; $5..00 to Nancy Kubu for cancelled tennis class; $15.00 to Caroline Gomez for inability to participate in jazzercise class; $4.00 to Sheri Digiovanni for cancelled ccUNCDbM% - 3 CITY OF -3- Jine 21, 1977 B 8. A.B. if5102 (Cont'd). tennis class; $8.00 to Mrs. Jane L. Isacc for cancelled tennis class; 84.00 to Diane Carpenter for cancel led tennis class; $26.00 to Sommers Development for overpaid closing'water bill; . $559.43 to Jesus Escota for overpaid closing water bill; and $10.00 to Marcia-P. Dorsey For 1 ost book returned,' I I w1 9. AG.ENDA BILL if5103 - CLAIM AGAINST CITY - DENNIS BLANCHARD. Resolution No. 5121, denying a claim against the City, was adopted. e I ORDINANCES FOR ADOPTION: I' By minute motion, the reading of the text of all Ordinances before the Council at this me.eting was wai ved. I [I131 10. AGENDA BILL #5069 - Supplement #1 - ZONE CHANGE FROM R--1-7500 TO RDM-(! - TOM BEVILACQUA. The following Ordinance was given a second read- ing and adopted: .ORDINANCE NO. 9485, AMENDING TITLE 21 OF THE . CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-192) !dITH CONDITIONS FROM R-1-7500 TO RD-M-Q ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HARRISON STREET BET!JEEN CHINQUAPIN .AVENUE AND LOCUST AVENUE. [281 10A. AGENDA BILL #5094 - AMENDMENT TO CARLSBAD [74] MUNICIPAL CODE - PERSONNEL BOARD APPOINTMENTS. ~671 The following Ordinance was given a second read- ing and adopted: B ORDINANCE NO. 1201, AMENDING CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF .I SECTION 2.44.025 AND BY-THE DELETION OF SECTION 2.44.026 TO REVISE PROCEDURES FOR APPOINTMENT TO THE PERSONNEL BOARD. I. PUBLIC HEARINGS: I E991 11. AGENDA BILL #3069 - Supplement #2 - TENTA- [113] TIVE MAP/PLANNED UNIT DEVELOPMENT - CALAVERA HILL 1 Mayor Frazee stated a request had been received t continue this item to the next regular meeting. e l Council co.ncurred and continued the i tern to the meeting of July 5, 1977. [431 12. AGENDA BILL #5104 - APPEAL OF PLANNING I COMMISSION DECISION/CONDITIONAL USE PERMIT - CARL ~ JR. RESTAURANT - APPELLANT: ANTHONY, J. SKOTNICKI t Mayor Frazee stated due to Mr. Skotnicki's absenc he had requested this item be continued to the meeting of July 5, 1977. Council concurred with the. requ,est and continued the matter to the meeting of July 5, 1977. CQUNCILME I - June I CITY ' OF . CARLS WNCBbME -4- 13. AGENDA BILL #5071 - Supplement #l - STREET LIGHTING MAINTENANCE DISTRICT NO. 1. Mayor Frazee announced the public hearing.and ihe Deputy City Clerk stated notices had been posted and the affidavit was on file. It was moved that all affidavits be received and Motion filed. Ayes xx The Public !dorks Administrator then gave the staff report referring to a wall map of the Lighting District wherein he explained the method of assessment. The Deputy City Clerk indicated a letter of protest had been received from Mrs. Arville Trostrud of 2226 Cameo Road, Carlsbad. Further that staff had contacted Mrs. Trostrud and she was satisfied with tRe.i explanation as she had misunderstood the posting of th.e District. The Mayor then opened the public hearing and asked if anyone wished to be heard. Mr. E. G. Mo, 270 Pacific Ave., Carlsbad, addre.sse3 Council questioning if ornamental poles would be required in that area. The Public Works Adminis- trator responded to Mr. Mo. The Public Works Administrator then stated one letter of protest had been received. In that staff had satisfactorily responded and clarified the misunderstanding, the percentage of protest was zero. Since no one else wished to be heard, the Mayor closed the public hearing at 8:03 P.M. Council moved to overrule and deny all protests, Motion \ Ayes xx - The following Resolutions were adopted by title only: RESOLUTION NO. 5122, CONFIRMING A DIAGRAM AND Motion ASSESSMENT AND PROVIDING FOR ASSESSMENT LEVY AND Ayes xx ORDERING NECESSARY MAINTENANCE WORK TO BE PERFORMED. RESOLUTION NO. 5123, APPROVING CONTRACT AND Motion AUTHORIZING EXECUTION FOR STREET .LIGHTING MAINTE- Ayes xx NANCE WITHIN. SAID CITY FOR A STREET LIGHTING DISTRICT. 14. AGENDA BILL #5082 - Supp1emen.t #1 - WEED ABATEMENT PROGRAM FOR YEAR 1977. The Public Works Administrator gave !the staff report on the matter. CITY OF . CARLS -5- june 21 1977 14. A.B. #5082 (Cont'd.) Mayor Frazee declared the public hearing open and asked if anyone wished to be heard on the matter. Mrs. Ethel Christopherson, 539 Laguna, Carlsbhad, . addressed Council. ..She stated she received the second notice but since that time had removed the weeds on her property. She indicated she didn't 'understand the problem. Mr. Dave .Packer, Sanitation Inspector for the City, responded to Mrs. Christopherson. He state an inspection had been made recently, and there were still piles of brush which needed to be removed. He indicated he would be happy to meet Mrs. Christopherson at her property the f.ol1owing morning to assist in resolving the problem. Since no one else wished to be heard, the Mayor closed the publSc hearing at 8:12 P.M. The following Resolution was adopted by title only: RESOLUTION NO. 5124, ORDERING CITY MANAGER TO ' ABATE NUISANCE BY HAVING NEEDS, RUBBISH, REFUSE, AND DIRT REMOVED. Staff indicated property owners still had time to abate their own nuisance and could do so by contacting the Sanitation Inspector and notifying him of their intentions. D131 15. AGENDA BILL #5105 - CITY INITIATED ZONE CHANGES - ZC-191. The Planning Director, James Hagaman, gave the staff report with the aid of transparencies showing the locations of the three requested changes. He stated the zone changes would bring 'these areas into conformance with the General Plan. Mr. Hagaman requested that area.number three be continued by Council in that additional informa- tion had come to his attention recently and he would 1 ike additional time to res.earch the matter He then responded to questions by Council. Mayor Frazee asked if anyone wished to be heard and declared the public hearing o.pen. Council expressed, concern as to the property owners completely understandinq the significance of the zone change. The City Attorney suggested since one area was being continued, that all three be Gontinued and the public hearing left open to afford the property owners the opportunity of speaking on the matter; Council concurred that the public hearing be left open and the item continued to the meeting of July 5, 1977. cnu4dCBLkdE I CITY OF .'CARLSBAD -6- 3une 21 ,, 1977 [98] 16. AGENDA BILL #5036 - Supplement #1 - CITY INITIATED STREET NAME CHANGE - SEVILLA WAY (LA COSTA) TO SACADA CIRCLE. SNC-111-2. The Planning Director gave the staff report show- ing the location of the conflicting street names . on transparenci'es. .He indicated the matter had been before Council previously and returned to the Planning Commission for rehearing to insure all residents being notified. . Mayor Frazee opened the public hearing and asked if anyone wished to be heard on the matter. Since no one wished to be heard, the publ'ic hearing was closed at 8:36 P.M. The following Resolution was adopted by title onlJ RESOLUTION NO. 5125, CHANGING A CERTAIN CONFLICT- ING STREET NAME.IN THE CITY OF CARLSBAD PURSUANT' TO CITY COUNC,IL POLICY STATEMENT NO. 20, that street being Sevilla Way (La Costa) to Sacada Circle. [98] 17. AGENDA BILL #5106 - CITY INITIATED STREET ' NAME CHANGE - VELERO COURT TO PUEBLO STREET. SNC-VI. The Planning Director gave the staff report in- dicating there are no residents on that street. Mayor Frazee asked if anyone wished to be heard and declared the public hearing open. Since no one wished to be heard, the Mayor closed the public hearing at 8:39 P.M. The following Resolution was adopted by title onl: RESOLUTION NO. 5126, CHANGING A CERTAIN CONFLICT- ING STREET NAME IN THE CITY OF CARLSBAD PUYSUANT TO CITY COUNCIL POLICY STAT-EMENT NO. 20, changing Velero Court to P'ueblo Street. [28] CARLSBAD REDEVELOPMENT AGENCY: Council adjourned at 8:40 P.M. to.the Carlsbad Redevelopment Agency and reconvened at 8:57 P.M. with four Council members present. RECESS: The Mayor called a recess at 8:57 P.M. and Council reconvened at 9:15 P.M. with four Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: P1 anning E981 19. AGENDA BILL #5108 - STREET NAMi CHANGE FOR OLIVE DRIVE. The Planning Director gave the staff report out- lining the conflicting streets and the number of residents on each. In addition'he informed Counc of the recommended change and requested Council guidance as to whether to initiate the street nam change. COUNCILMi Motion A,Y es xx Yation Ayes x x' - 1 . .. June CITY OF . CA 6014NClbMf -7- 19. - A.B. #5108 (Cont'd.) Olive Drive to Pi0 Pico. Pub1 ic Works 20. AGENDA BILL #5109 - WATER RATE INCREASE. The Public Works Administrator, Ron Beckman, gave the staff report outlining the reasons for the rate increase and the amount of the increase. He then responded to questions of Council. Council discussed the rates charged to industrial, residential and agricultural areas and questioned whether the agricultural areas received a lesser rate. Councilwoman Casler questioned who determines if land in residential areas qualify for the agri- cultural rate. Mr. Beckman indicated the Metropolitan 1dater.District governs that matter. Councilwoman Casler then requested to receive a. copy of the rules that govern that matter. Mr. John Henley of Carlsbad Municipal Water District responded to Council's question regarding the method used for determining the rates to be charged to the City. Following a great deal of discussion, the follow- ing Resolution was adopted: BILLING, AND RELATED REGULATIONS. City Manager 22. AGENDA BILL #5110 - REQUEST TO OPERATE A PAWN SHOP - LORRAINE V. ROSAS AND JOHN E. ROSAS. The Assistant City Manager gave a brief report Council recognized Lorraine V. Rosas, applicant, who responded to questions by Council and further outlined her request. 1111 e 0 dune I- E70 1 C45 1 c 281 ~631 c 281 u031 CITY OF . CARLS5AD mNmw -8- 23. AGENDA BILL #5111 - LA COSTA CANYON PARK. The Assistant City Manager gave a brief report indicating the matter was before C,ouncil to approve the Design Concept and Preliminary Cost Estimate of the park as well as redesignating the name to La'Costa. Canyon Park and authorizing the landscape architect to complete the specified requirements. Mr. Ed Johnson,.Parks and Recreation Director, then referred to a wall chart and outlined the various areas to be included in the park. Th'e following Resolution was adopted by title only RESOLUTION NO. 5128, REDESIGNATING THE NAME OF CANYON PARK TO LA COSTA CANYON PARK, APPROVING THE DESIGN CONCEPT AND PRELIMINARY COST ESTIMATE, AND AUTHORIZING THE LANDSCAPE ARCHITECT TO COMPLETE THE REQUIREMENTS SPECIFIED IN RESOLUTION NO. 5005. 24. AGENDA BILL #E1042 - COMMITTEE ON SENIOR CITIZENS AFFAIRS VACANCY. Mayor Frazee stated this matter was being continue to enable time for additional applications. 25. AGENDA BILL #5072 - APPOINTMENTS TO LIBRARY BOARD OF TRUSTEES/COMMITTEE ON SENIOR CITIZEflS AFFAIRS. The following Resolutions were adopted by title only: RESOLUTION, NO. 5095, APPOINTING A MEMBER TO THE COMMITTEE ON SENIOR CITIZEN AFFAIRS OF THE CITY OF CARLSBAD, that person being Leah Shaw. RESOLUTION NO. 5096, APPOINTING A MEMBER TO THE COMMITTEE. ON SENIOR CITIZEN AFFAIRS OF THE ,CITY OF CARLSBAD, that person be-ing Bernice Cooper. Mayor Frazee indicated the appointments of the members to the Library Board of Trustees would be continued, due to the absence of Counci.lman Skotriicki. 26. AGENDA BILL #5097 - APPOINTMENTS TO TRAFFIC SAFETY COMMISSION. member being Robert B. Nelson. The Mayor stated the other appointment would be continued. ;*ne ccNNCILME -9- 27. AGENDA BILL #5112 - .APPOINTMENT TO PARKS AND RECREATION COMMISSION. Mayor Frazee continued this matter and requested suggestions from Council. 28. 'AGENDA BILL #5113 - AGREEMENT WITH CARLS'BAD UNIFIED SCHOOL DISTRICT FOR USE OF-CHILDREN'S SECTION OF LIBRARY. Following a brief report by the Assistant City Manager, the Council approved the agreement between the City of Carlsbad and the Carlsbad Unified School District for use of the Children's Section of the Library and authorized the Mayor to sign the agreement. CITY COUNCIL ADDITIONAL BUSINESS: 208 Water Quality Management Program Councilwoman Casler reported briefly on the 208 Areawide Water Quality Management Plan meeting and indicated they expected to be completed by the first of the year. Mr. Beckman indicated the testing of the Encina Plant has begun to 'determine if it can operate at a higher rate. He also informed Council that Encinitas will have capacity to lease and Carlsbad has made appl i cation. Parks and Recreation Councilman Lewis reported 0.n the Parks and Recreation Commission meeting stating the dedica- tion of the Magee House will be held July 4, 1977. Sewer Commi ttee Councilman Packard reported on the meeting of the Sewer Committee re establishing an allocation system. He stated the main-item of concern is the creation of a time table. CPO Meeting Mayor Frazee reported on the CPO Meeting and stated the FAU projects list were approved. Fur- ther, Carlsbad had received priority number one in the County to receive LTF Funds for the bikeway on Carlsbad Boulevard. Pub1 ic Works 'Employment Act Mayor Frazee stated an agreement needed to be reached with the School Board and suggested Councilwoman Casler and himself be a committee to * CITY OF , CARLSBAD COUNCILM%I ;,ne - 10 - CITY MANAGER ADDITIONAL BUSINESS: The City Manager informed Council that the City Clerk and Business License Clerk would be going to Sacramento to audit businesses on Monday and . Tuesday of the following week. CITY 'ATTORNEY ADDITI'ONAL BUSINESS: The City Attorney stated he would take no action on Scenic Airlines PUC.application unless Council so directed. Mayor Frazee stated if Council had no objections, he would write a letter in+support of their application. The City Attorney requested authorization to participate in brief i-n the condemnation suit of Friedman vs the City of Fairfax. Council authorized the City's participati,on as Motion amicus curiae in the condemnation suit of Ayes xx Friedman vs the City of Fairfax. EXECUTIVE SESSION: I 1.11 Mayor Frazee called an .Executive Session at 11:lO P.M. for the purpose of discussing labor negotia- tions. Council reconvened at 11:27 P.M. with four Council members present and the Mayor announc d labor negotiations had been discussed. I ADJOURNMENT: I Ill By proper motion, the meeting was adjourned at .11:29 P.M. to June 23, 1977, at 4:OO P.M. in the Council Chambers. Respectfully submitted, .yQk-wK- NORA K. GARDINER, Deputy City Clerk I- Lee Rautenkranz,-Recording ' " \ Secretary I- Ill I 111 1