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Home My WebLink About1977-07-20; City Council; Minutes.A. " 1 ', , CITY OF CARLSBAD WNCILMEI Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Place of Meeting: July 20, 1977 ROLL CALL: 17. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 5:02 P.M. and reconvened-at 5:06 P.M., with four Council members. present. DEPARTMENTAL AND CITY MANAGER REP0RT.S : Mayor Frazee stated the following two items, due to the absence of Councilman Packard, would , result in a tie vote and he suggested these i terns be con ti nued. Agenda Items No. 18 and 19 (as 1 isted bel ow) to be held August 4, 1977. I This matter was returned for documents. The I City Manager stated he had received a letter ~ from the applicant who referred to Condition #16 of Resolution No. 5149 and Condition #5 of ~ Resolution No. 5150. The applicant indicated it was his understanding that the Council's direction at th.e last meeting was that .only th most southerly driveway would be. closed if the Council found it necessary in the future, and that it would be the developer's preference that it be only the most southerly driveway rather than the most northerly driveway and therefore, they were requesting Council's consideration to modify the condition confin- ing ,any fufure..drjveway closure along El Camin Real to the most southerly driveway. I tion was adopted by title only:. RESOLUTION NO. 5149, DENYING AN APPEAL OF A PLANNI+NG COMMISSION DECISION TO APPROVE SITE CENTER ON AN 11.6 ACRE SITE LOCATED ON THE EAS SIDE OF EL CAMINO REAL SOUTH OF MARRON ROAD i SUBJECT TO THE ADDITION OF CERTAIN CONDITIONS, and subject to the second sentence of Condition #16 being modified to read: "relinquish access rights to the second driveway". DEVELOPMENT PLAN (SDP 77-2) FOR A SHOPPING i ca ’ ,, < CITY OF CARLSBAD -2- July 20, 1977 llldl b ). - ~~ ~~~ [ 9 :3] c931 ~ ~ 1 ~ i ~~ I RESOLUTION .NO: 5150, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO GRANT CONDITIO AL USE PERMIT (CUP-135) FOR A DRIVE-THRU RES- TAURANT OF AN 11.6 ACRE SITE LOCATED ON THE EAST SIDE 0-F EL CAMINO REAL SOUTH OF MARRON DITIONS, and subject to the second sentence of Condition #5 being modified to re,ad: ‘I re- linquish access rights to the second driveway” ROAD SUBJECT TO THE ADDITION OF CERTAIN CON- N. Pub1 ic Works. 21. AGENDA BILL #5142 - SEWER MORATORIUM APPEAL - BONAGUIDI OFFICE BUILDING. The Public Works Administrator gave a staff report and stated the staff recommendation is to deny the appeal for reasons outlined in the staff report dated July 11, 1977. Mr. Ronald Bonaguidi, 1200 Prospect Street, Suite 550, La Jolla, distributed written testi mony as to his reason for appealing the sewer moratorium and a chronological sequence of events since the beginning of his project in - November, 1976. ~ Mr. Bonaguidi reviewed his reasons for appeal and the staff delays which he felt caused a delay in obtaining a building permit prior to the sewer moratori urn. Lengthy discussion was held by the Council at which time questions were asked of Mr. Bonaguidi and the City Manager regarding the processing of the .proposed project. The. staff recommendation was accepted and the request for exemption from Ordinance No. 7047 prohibiting application and processing of building permits, was denied. The motion fa.i.1. ed for lack of a majority. By concensus of the Council, the subject appeal was continued to the next regular meeting. I 22. AGENDA B.ILL #5143 - SEMER PERMIT REQUEST -1 PALOMAR AIRPORT BUSINESS PARK. I The City Manager stated he had communicated with Mr. Knauf, Attorney representing the appli cant and inquired if the app1,icant would ob- ject to a two week continuance to permit the staff to prepare a report to the Council con- cerning other situations where a buildi.ng permit had been issued for a building but no sewer permits had ever been issued since the inside of the bui-ldings had not been completed Mr. Knauf agreed to the continuance. , Agenda Bill #5143 was continued to the next regular meeting. I ‘I CCWNC1LMEl 1 - *' &LI 8 R ~ ~ ~ I CITY OF CAWLS5AD -3" July 20, 1977 I 1 , [El 23. AGENDA BI,LL #5144 - FOURTH AMENDMENT TO CONTRACT - RATE I.NCREASES FOR COLLECTION OF TATIONI'VAN 'ORT ENTERPRISES. , REFUSE - COAST WASTE MANAGEMENT (McDOUGAL SANI- 1 1 The Utilities Maintenance Director reported on the request from Coast Waste Management for a rate increase in refuse collection and stat-! ed the staff concurs that the request is justi fied and recommended approval of the. rate in- - crease. ~ ~ Mr. Richard Yaeger, President/General Manager for Coast Waste Management, answered questions by the Council regarding, service charges to other communities. Discussion was held by the Council and the following Resolutions were adopted by title only: RESOLUTION NO. 5151, APPROVING THE FOURTH AMEN MENT TO REFUSE COLLECTION AGREEMENT OF OCTOBER 1, 1971, BETWEEN THE CITY OF CARLSBAD AND McDOUGAL SANITATION, INC. FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. - D. RESOLUTION NO. 5152, REVISING THE REFUSE COL- LECTION RATES FOR THE CITY OF CARLSBAD. I 'City Manager. I DO1 24. AGENDA 'BILL #910 - Supplement #lo - C451 COMMUNITY .SW.IMMING POOL - AGREEMENT. The City Manager reported briefly on this mat-ter and stated this subject is on the School District Agenda for this evening and they will take action if the' City Council take action. He reviewed terms of the agreement and answered the Council's questions. The . . Parks and Recreation Director also reported briefly on the proposed swimming pool arrange- ments between the City and the School District Lengthy discussion was held and the City Mana- ger stated he would recommend th.at a two mem- ber Council stand-by committee be appointed and he would recommend the same to Dr. Craw- ford if the School District is reluctant ,to adopt this agreement, so that any problems that may exist can. be ironed out, in an effort to move. ahead as rapidly as possible. Dis- cussion regarding public improvements by the School District was also held. S The following Resolution was adopted: .. I RESOLUTION NO. 5153, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION AND ZING THE MAYOR TO EXECUTE SAID AGREEMENT, and to provide an added condition to Paragraph 2-D of the Agreement to require in substance" as' follows: The School will in conjunction with the transfer of property, provide for the construction of curb, gutter and sidewalk *I. along the southerly edge of Basswood from Valley along their property line. USE OF A COMMUNITY SWIMMING POO-L AND AUTHORI- CDUNClbMEl - Motion X Ayes xxx Motion X Ayes ; xxx I I i i ~ ~ ~ ~ ~ Motion X Ayes xxx .&d. I' CITY OF CARLS0AQ COUNCILME! ara 1) R -4- July 20, 1977 I Mayor Frazee8:excused Councilwoman Casler at 7:30 P.M., ,at'her request. c401 25. AGENDA BILL #21-16 - Supplement #I - FACILITY NEEDS STUDY. A staff report was given by Administrative Assistant, Frank Mannen. . Discussion was held as to the detail's of the study. The City Council approved the hiring of the f,irm of SUA, Inc. to conduct a space needs study as outlined in its proposal dated June 13, 1977 for the sum of $12,000 and the staff was directed to prepare an agreement for the proposed services; further the City Manager was directed to execute the agreement on behalf of the City. c931 26. AGENDA BILL #5059 - Supplement #3 - SEWER MORATORIU'M ORDINANCE. I This matter was returned for documents and the following Ordinance was introduced for a first reading, following a brief explanation by the City Attorney. ORDINANCE NO. 8073, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.05 TO IMPOSE A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. The City Clerk was instructed to return this document at the adjourned regular meeting to be held July 26, 1977 for adoption. c371 27. AGENDA BILL #5145 - TIME LIMIT FOR RE- . V'IE'W 'OF ADMINI'STRATIVE DECISIONS. The City Manager requested to.be excused at 7:42 P.M. so that he cou.ld attend the School . Board Meeting for their discussion on the Swimming Pool Agreement. The Mayor excused the City Manager. Discussion was held by the Council regarding Agenda Bill #5145 and the following Ordinance was introduced for a first reading. ORDINANCE NO. 1203, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 1.16 TO PROVIDE TIME LIMITS FOR. JUDICIAL REVIEW PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1094.5. I3 101 28. AGENDA BILL #5146 - WATER PRICING - IN- - VERTED RATE STRUCTURE. It was agreed that this item be continued un- til such time as Councilwoman Casler is presen t 1" .' CITY. OF . CARLSBAD WNCILMEO BIB b m -5- July 20, 1977 I ~- I C281 29. AGENDA BLLL #5042 - APPOINTMENT TO COM- MITTEE ON SENIOR CITIZEN'S AFFAI'RS. The following Resolution was adopted .by title only appointing Zoe Walters to the Committee on Senior C.i tizen Is Affa.irs. - RESOLUTION NO. 5058, APPOINTING A MEMBER TO THE CITY OF CARLSBAD COMMITTEE ON SENIOR CITIZEN'S AFFAIRS. [I 031 30. AGENDA BILL #5097 - APPOINTMENT TO.TRAFFIC SAFETY COMMISSION. It was agreed this matter be continued to the next regular meeting. I [691 31. . AGENDA BILL #5112 - APPOINTMENT TO PARKS AND RECREATION XOMMISSION. The following Resolutn'on was adopted by title only reappointing Raul Tarango to the Parks and Recreation Commission. - RESOLUTION NO. 5129, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION COMMISSION. E281 32. AGENDA BILL #5147 - APPOINTMENTS TO THE E741 - PERSONNEL BOARD. Mayor Frazee stated that Ordinance No. 1201 had been recently adopted which had an affect on the appointments to the Personnel Board and the following Resolutions ,are an administra- tive action which must follow. The appoint- ments are for the same persons who are now serving on the Personnel Board at this .time. The following Resolutions..:were adopted by one motion: I . RESOLUTION NO. 5154, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD. that . I member being George L. Long, Sr. RESOLUTION No. 5155, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD UNDER THE AUTHORITY OF ORDINANCE NO. 1201 , that person being Gerald McClelldn, Sr. RESOLUTION NO. 5156, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD UNDER THE AUTHORITY OF ORDINANCE NO. 1201, that person being Margaret Bonas. RESOLUTION NO: 5157, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD UNDER THE AUTHORITY OF ORDINANCE NO. 1201, that person being 'Jack Osuna. 'RESOLUTION NO. 5158, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD UNDER THE AUTHORITY OF ORDINANCE NO. 1201, that person being Donald Watkins. I I i ~ 20 Mot i Ayes Mo ti Ayes Moti Ayes ~ on X xxx on X xxx .4. , * CITY OF CARLSBAD GOUNCILMEI -6- July 20, 1977 CITY C,OUt\rCIL ADDITIONAL BUSINESS: Council Committee Reports were given and no action was taken. CITY ATTORNEY ADDITIONAL .BUSINESS: The City Attorney gave a brief report on legal 6 , matters and no action was taken. ADJOURNMENT: By proper motion, the meetinn was ad.journed ?loti on 7:OO P.M., in the Council Chambers. xxx .Ayes at 8:27 P.M., to Tuesday, July 26, 1977 at . X Respectfully submitted, 77 a/l. .v.tE@& MARGARET E. ADAMS, City C1 erk Mora K. Gardiner, Recordin? Secretary a c m