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Home My WebLink About1977-08-02; City Council; Minutes1 I. CITY OF CAWLSBAD COCdNCILMEl I Y e:; e; T! Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 2, 1977 Time of Meeting: 7:OO P;M. Place of Meeting: Council Chambers ROLL CALL: INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. [42] PRESENTATION: Vice-Mayor Lewis read and presented a Resolution 'to Edward A. Urbanski commending his 23 years of service with the Police Department. rn ~ i APPROVAL OF MINUTES: I Minutes of the adjourned regular meeting held July 12, 1977, were approved as presented. Minutes of the adjourned regular meeting held July 13 , 1977, were approved as presented. Minutes of the regular meeting held July 19, 1977, were approved as corrected. Minutes of the adjourned regular meeting held July 20, 1977, were approved as presented. PAYYENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given the payment of bills for the General -Expenses of the City: City Opera- tions $37,389.41, for a total of $37,389.41 for the period July 16, 1977 through July 31, 1977, as certified by the Finance Director and approved by the Auditing Committee. Ratification was given the pa.yient of the payroll in the amount of $168,047.58 for the period Ju1.y 11, 1977 through July 24, 1977, as certified by .the Finance Director and approved by the Audit- i ng Committee. CONSENT CALENDAR: Councilman Skotnicki requested that Items No. 2 and 5 be rernoved from the Consent Calendar for discussion purposes. The following items, with the exception of Items ?and 5, were approved by one motion affirming the action on the Consent Calendar, with Counc-ilman Packard abstaininu on Items 3 and 4. [99] 1. AGEYDA BILL #3253 - Supplement #5 - TENTATIVE IYVESTORS DEVELOPMENT AND PIORTGAGE CQRP. . !?esolution No. 5169, approving. with conditions an extension of Tentative Yap CT. 74-14.4 (Templin Heights) Units 3 & 3, was adopted. MAP EXTENSION - TEMPLIN HEIGHTS UNITS 2 ?! 3 - I i I [99] 3. AGENDA SILL #5136 - Supplenent #1 - MAP APPROVAL - !?r)LLY PULASKI E ASSOCIATES. Resolution No. 5161 , approving with conditions Tentative Flap (CT 77-8) for a 16 lot subdiv.ision on a 5.5 acre lot generally located on the east side of El Camino Real between Alga Qoad and SDG&E Easement, was adopted. CITY OF CAWLSBAD . ' COUNCILPoAEI - 3) I) Augu S rn - CONSENT CALENDAR,(Cont'd.) 4. AGENDA BILL '#5137 - Supplement P1 - TENTATIVE MAP APPROVAL - LAGUNA PROPERTIES. Resolution No. 5162, denying without prejudice Tentative Suh- division Map (CT 77-11) for a 1-lot 45-unit condominium conversion of 45 existing apartment units generally located on the south side of Laguna Drive between Jefferson Street and 1-5 Freeway, was adopted. 6. AGENDA BILL #5150 - FEDEQAL AID FOR SAFER OFF-SYSTEM ROADS ACT (SOS). Resolution No. 5163, approving method of distribution for funds apportioned County under the Federal Aid for Safer Off-System Roads (SOS) Program, was adopted. 7. AGENDA BILL #5151 - CLAI!1 AGAINST THE CITY - ELIZABETH L. CORSON. Resolution No. 5164, denyin( a claim against the City, was adopted. 8. AGENDA BILL #5152 - REFUND !?EQUESTS. Council authorized refunds of overFayments as follows: $251.90 to Royal Homes for duplicate payment for 2" water service entitlepent; $5.49.to Douclass Southwest for overpayment of closing water bill and $4.95 to John Cooper for refund payment on lost book. ITEMS REMOVED FROM CONSENT CALENDAR: 2. AGENDA RILL #4004 - Supplement #1 - NORTH COUNTY LIFELINE. Councilman Skotnicki stated he requested this item removed from the Consent Calendar in order that he may cast a No vote in keeping with his previous action on this matter., Council authorized payment of $5r?0.00 to North Yotion County Lifeline for services rendered durinq the Ayes X .second half of 1976-77 Fiscal Year. Moes X 5. AGENDA BILL #5149 - RESIDENTIAL !?EH,4BILITATIO4 LOAN PROGRAM. Councilman Skotnicki stated his request to remove this. item from the Consent Calendar was to allow discussion of the maximum net income limits as set forth in the Program. He expressed the feeling that the limits were too high. Following -brief discussion, Council instructed Yotion X staff to contact the Board of Supervisors on Ayes xx behalf of the City Council expressing concerns. and requesting re-evaluation of the income limits provided. ORDINANCES FOR ADOPTION: By minute motion, the reading of the text of .all Votion X Ordinances before the Council at this meeting Ayes xx was waived. CITY OF CARLSBAD CXxJNCltME~ b -3- August 2, 1977 B 0 I I I 9. AGENDA BILL #5145 - TIME LIMIT FOR REVIEW OF ADMINISTRATIVE D,ECISIONS. The following Ordinance was given a second readin and adopted: - ORDINANCE NO. 1203, AMENDING TITLE 1 OF THE CARLSBAD !?UNICIPAL CODE BY THE ADDITION OF CHAPTE 1.16 TO PROVIDE TIME LIMITS FOFi JUDICIAL REVIEW PURSUANT TO CODE OF CIVIL PROCEDURE SECTIOM 1094.. PUBLIC HEARINGS: 10. AGENDA BILL #5138 - Supplement #1 - TENTATIV HAP APPROVAL - CARLSBAD TRACT 77-7 -. RAY STOCKTOF! The Planning Director gave the staff report with the aid of a transparency and wall exhibit. Council discussion related to existing drainage problems and proposed method of resolving same, as well as the modified street standards on Highland due to preservation of the Torrey Pine trees and the possible effect at such time as the remainder of Highland is improved. Vice-Mayor Lewis opened the public hearing and asked if anyone wished to be heard .on the matter. Dorthea Barger, 1655 Basswood, Carlsbad, addressc Council requesting the storm drain situation be reviewed due to the problem of flooding in the area. ., blr. Larry Bagley, Bagley Toal, Inc., 375 Via El Centro, Oceanside, addressed Council on behalf of the applicant. He outlined the proposed project briefly and expressed-Millinaness to work with staff on the drainage and improvements He then responded to questions by Council. .Mr. Jim Davis, 1708 Oak Street, Carlsbad, questioned from-which direction sewer service would be provided. Since no one else wished~to be heard, Vice-Yayor Lewis closed the public hearing at'7:45 P.M. Following further discussion, Council instructed the City Attorney to prepare the documents 1 1 Commission Reso1uti.on No. 1376. c 1 necessary for approval of CT 77-7 as per Plannin I [loll 11. AGENDA BILL #5014 - Supnlement #l - CERTIFI CATE OF PUBLIC CONVENIENCE .4ND PlECESSITY FOR TAXICAB SERVICE - RALPH BIIRrjETTE. The City Manager gave a brief report on the matter. Vice-Mayor Lewis opened ithe public hearing and since no-one wished to be heard, closed the public hearing at 8:02 P.M. Council instructed the City Attorney to prepare the documents necessary approving the issuance of a Certificate of Convenience and Necessity to Ralph Burnette to operate as Ralph and Eddie' Taxi Service in the City of Carlsbad. T q !? E Y I - I. ?( 9 - - S at Motion Ayes ?loti on Ayes I /Motion ~ Ayes I i xx xx CITY OF CARLSBAD -a- August 2, 1977 [28] .12. AGENDA BILL. #5148 - DO!.!NT!I!IJ!'] REDEVELOPYENT STUDY AREA -. INTERIM ORDINANCE. I The City Manager gave a brief staff report. I D Vice-Mayor d.ec1ared the public hearing open and since no one wished to be heard, closed the publi hearing at 8:04 P.M.. The following Ordinance was adopted: ORDINANCE NO. 9486, ADOPTED AS AN URGENCY MEASURE PROHIBITING CERTAIN CO?IMERCIAL DEVELOPMENTS IN THE DO!JNTOWN REDEVELOPMENT STUDY AREA. I [I121 13. AGENDA BILL #5082 - Supplement #2 - !dEED ABATEMENT COST :'REPORT. I The Public Works Administra.tor gave a brief staff report. Council discussed the current Weed Abatement Program and the possibility of changing the Program wherein if the City had to abate weeds, trash or nuisances, the property owners may be charged interest or a penalty. Vice-Mayor Lewis opened the public.hearing and asked if anyone wished to be heard.. Since no one wished to be heard, the public hearing was closed at 8:16 P.M. RESOLUTION N-0. 5159, CONFIRYING THE REPORT OF THE UTILITIES/MAINTENANCE DIRECTOR SHO!dING COST OF SAID REPORT, CONFIRMING THE COST AND PROVIDING FOR COLLECTION ON THE REGULAR TAX BILL, was adopted; and the City Clerk was directed to file a certified copy of the !?esoluti.on with the County Auditor on or before August 10, 1977. 1 WEED ABATEFlENT AGAINST EACH PARCEL OF LAND IN .Council instructed staff to investigate and recommend the feasibility of allocating the administrative costs of the !deed Abatement Program. r1051, HOUSING AUTHORITY: Cou.ncil adjourned at 8:19 P.M. to the Housing Authority and reconvened at 8:20 P.M. with four Council members present. 0 c991 [I 131 [I 131 1431 DEPARTMENTAL AND CITY MANAGER REPORTS: P1 anni ng 14. AGENDA BILL #3069 - Supplement #4 - TENTA- TIVE MAP APPROVAL CT 76-12/PLANNED UNIT DEVELOP- MENT PUD-4 - CALAVERA HILLS - ROBERT LADMIG. 15. AGENDA BILL #5089 - Supplement #2 - APPE.AL OF DECISION OF PLANNING CO!lMISSION DEhIYING SPECIFIC PLAN (SP-146) AND CONDITIONAL USE PERM1 (CUP-136) - SANTA ANITA DEVELOPMENT CORPORATION (McDONALDS). I In accordance with requests, Council continued Item No. 14 and Item No. 15 to the meeting of August 4, 1977. .r C I T - couNCltMEO Motion Ayes xx !lotion xx Ayes X 'Motion . j Ayes xx r CITY QF CARLSBAD -5- Auqust 2, 1977 [94] 16. AGENDA BILL,#3481 - Supplement #9 - AMEND- [99] MENT TO SPECIFIC, PLAN/TENTATIVE MAP APPROVAL AND [113] PRECISE PLAN APPROVAL - MAY STORES SHOPPING CENTERS, INC. The following.0rdinance was, introduced for a first reading: ORDINANCE NO. 9487, AMENDING ORDI?IANCE NO. 9334 'CERTAIN PROPERTY INCLUDED !dITHIN TENTATIVE MAP LOCATED ON THE NORTH SIDE 0.F YARROFI ROAD BETb'EEN EL CAMINO REAL AND JEFFERSON STREET. AND SPECIFIC PLAN (SP-41) BY THE DELETION OF (CT 76-18) AND PRECISE PLAN (PP-24) GENERALLY Resolution No. 5165 was corrected on Page 2, Line 19, by the addition of the words "El Camino Real wjth" following the words "the Intersection of I' . Council discussed Condition 14 of Resolution No. 5165 with respect to whether May Company should be required to participate in relieving traffic congestion at the El Camino Real bridge over Highway 78 since other developments in that area are not required to participate. Council deleted Condition 1Q from Resolution No. 5165. RESOLUTION NO. 5165, APPROVING !IITH CONDITIONS PLAZA CAMIMO REAL REGIONAL SHOPPING CENTER TO INCLUDE THE REALIGNMENT OF BUENA VISTA CREEK AND THE ADDITION OF TWO MAJOR DEPARTMENT STORES AND ADDITIONAL MALL SHOPS, was adopted as corrected. TENTATIVE MAP (CT 76-18) FOR THE EXPANSION OF THE RESOLUTION NO. 5166, APPROVING'!dITH CONDITIQNS PLAZA CAMINO REAL SHOPPING CENTER, was adopted. PRECISE PLAN (PP-24) FOR THE EXPANSION OF THE [113] 17. AGENDA BILL #5105 - Supplement #2 - CITY ' INITIATED ZONE CHANGES FROM R-A-10,000 AND !?-1-10,000 TO L-C AND E-A (ZC-791). Following a brief report, the following Resolutic ' was adopted: RESOLUTION NO. 5167, ANNOUNCING FINDINGS AND R-A-10,000 AND R-1.+7-0,000 TO L-C (LIFIITED CONTROL GENERALLY LOCATED AT PALOMAR AIRPORT ROAD AND INTERSTATE 5 TO CONFORM TO THE GENERAL PLAN LAND DECISION OM A CHANGE OF ZONE (zc-197) FROM AND E-A (EXCLUSIVE AGRICULTURE) or1 10 PARCELS USE DESIGNATION OF NON-RESIDENTIAL RESERVE (NRR). ORDINANCE NO. 9488, AMENDING T.ITLE 21 OF THE CARLSBAD MU'NICIPAL CODE BY AMENDING-THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-191 ) FROM R-A- AND E-A (EXCLUSIVE AGRICULTURE) ON 10 PARCELS 10,ooo AND R-I-10,000 TO L-c (LIMITED CONTROL) GENERALLY LOCATED AT PALOMAR AIRPORT ROAD AND INTERSTATE 5 TO CONFORY TO THE GENERAL PLAN LAND was introduced for a first reading. USE DESIGNATION OF NON-RESIDENTIAL RESERVE (PIRR)! I 1' I mNcI I Motion Ayes I1 L I \1 t - .ME) SI x CITY OF CARLSBAD (xx"MEE L -6- August 2, 1977 RECESS: The Vice-Mayor called a recess at 8:46 P.M. and Council, reconvened at 9:Ol P.M. with four Council'members present. [931 18. AGENDA BILL #5143 - SEWER PERMIT REQUEST - PALOMAR AIRPORT BU.SINESS PARK (KNAUF). The City Manager gave a brief staff report on the matter. 'Mr. Robert Knauf,.810 Yission Avenue, Oceanside, was recognized by Council. Mr. Knauf outl3ned the proposed uses of the buildings.inditating.the usage and demands on the sewer would be minimal. He then responded to questions by Council., Following discussion, Council approved the eight hook-ups for those specific spaces indicated at Palomar Airport Business Park, those and no others at this time; further Council directed the City Attorney to modify the existing moratorium ordinance to reflect the conditions involved in this and similar cases, and thatall exceptions will be brought to the Council for determination in the future. Pub1 i c !?rorks 19. AGENDA BILL #5142 - BONAGUIDI '.OFFICE BUILD- C931 ING - SEWER !IORATORIUM APPEAL. Council continued this item to the meeting of August 4, 1277. [gg] 20. AGENDA BILL #3421 - Supplement.#4 - ACCEP- TANCE OF PUBLIC IMPROVEMENTS - LA COSTA ESTATES NORTH.- LA COSTA LAND COYPANY. The Public !Jorks Administrator'qave a brief staff report on the matter and responded to questions by Council. Council determined that the asphalt paving. aloncr the east parkway area of El Fuerte is an accep- table public improvement in that it is in sub- stantial conformance with Condition 9 of Resolution No. 3709. Council accepted the pub1i.c improvements as completed, directed the Utilities Maintenance Director to commence their maintenanc the Finance Director to release deposits in the amount of $210.88, and the City Clerk to record the Notice of Comp,l.e-tion and release the appli- cab1 e bonds. [gg] 21. AGENDA BILL if3527 - Supplement #2 - ACCEP- TANCE OF PUBLIC IMPROVEMENTS - GREEN YAL.LEY KNOLLS - LA COSTA LAND COMPANY. At the request of the applicant, Council con- tinued the item to the next regular meeting. City Manager 22. AGENDA BILL 85153 - !IEn!ORANDUPI1 OF UNDER- [74' STANDING WITH POLI.CE OFFICER'S ASSOCIATION. It was the determination of Council that this item be moved to the end of the Aqenda. 9 1 a 1 i ~ ~ i Yotion Ayes :Hoes ?loti on Ayes Yotion Ayes I 3 -, I !lotion Ayes ~ ' !loti on Ryes - CITY QF CARLSBAD COUNCILMEE I .. [29] 23. AGENDA BILL,#5154 - SALARY PLAN FOR LOCAL [74] SAFETY (POLICE) ,FOR FISCAL YEAR 1977-78. It was the determination of Council that this item be moved to the end of the Agenda. C841 24. AGENDA BILL #4056 - Supplement #1 - PURCHASE C781 OF RADIO CONSOLE AND AUXILIARY COMMUNICATIONS [51] EQUIPMENT. -The City Manager gave a brief report and intro- duced Mr. Fieler of Fieler and Associates,.'the consultant on the matter. . Mr. Fieler ref6lrred to the .report previously furnished to Council and outlined the recommenda- tions a-nd the reasons for same. He then responded to various questions by Council. The following Resolution was adopted: RESOLUTION NO. 5170, AUTHORIZING AND DIRECTING !lotion THE PURCHASING AGENT TO NEGOTIATE FOR THE PURCHASf~Ayes xx OF A RADIO CONSOLE AND AUXILIARY COMMUNICATION EQUIPMENT. !I [I031 25. AGENDA BILL #5097 - APPOINTMENT TO TRAFFIC - SAFETY COMMISSION. Due to the absence of Mayor Frazee, this item was continued to the next regular meeting. [28] 26. AGENDA BILL #E1155 - APPOINTMENTS TO CARLSBAD' . HOUSING COMMISSION. Due to the absence of Mayor Frazee, this item was continued to the next regular meeting; [40] 27. AGENDA BILL #5156 - APPOIriTPIENT TO CARLSBAD BUILDING AUTHORITY. .Due to the absence of Mayor Frazee, this item was continued to the next regular meeting. [28] 28. AGENDA BILL #5157 - APPOINTMENT TO MAYOR'S. YOUTH COMMITTEE. .. -Due to the absence of Mayor Frazee, this item was continued to the. next regular meeting. [29] 29. AGENDA BILL #5117 - BUDGET FOP. FISCAL YEAR 1977-78. " Following a br.ief report by the City Manager, Council instructed staff to notice the Budget at the meeting of August 16, 1977. xx Ayes ' and Federal Revenue Sharing for public hearing Motion It was the concensus of Council that Budget discussion would continue if time permitted at the end of this meeting. COUNClLMEt I CITY OF CARLSBAD L I) 0 -8- Auclust 2, 1977 "~~ _~~_ ~~~~ ~~ ~ ADDITIONAL BUSINESS: :921 It was indicated to Council that if they desire to continue the Planning Moratorium, which is in connection with the Building Moratorium, that the matter needed to be set to public hearing for the August 16, 1977, meeting. Council instructed staff to notice the Planning Moratorium continuance for the meeting.of August '16, 1977. 1921 Encina !later Pollution Control Facility Councilman Skotnicki and Councilwoman Casler reported briefly on the matter that Encinitas Sanitary District has capacity at the Encina Water Pollution Control Faci1it.y for lease. In that four agencies had expressed interest in leasing any available capacity, Encinitas was offering an equal amount of capacity to all four. Therefore, Encinitas needs a response from the City as to continued interest in leasing capacity The Public !Jorks Administrator outlined his memorandum to the City Manager dated August 1 , 1977, which related to the capacity and costs of 1 eas i ng same. Following brief discussion, it was moved that Council notify the Encinitas Sanitary District of their interest in entering into a contract for leasing J5,OOO gallons or more capacity. [SI] PROPERTY The City Ranager reported on the status of staff' investigation into the pos.sible purchase of the property on the northwest corner-of Grand and State Street. He stated an appraisal of the property could be obtained by Thursday at a cost .of $750.00 if Council desired. Council authorized staff to obtain an appraisal of the property on the northwest corner of Grand and State Street. ' EXECUTIVE SESSION: Vice-Mayor Lewis called an Executive Session at 10:46 P.M. for the purpose of discussing nego- tiations. Counci1;re-convened at 11:30 P.M. with four Council members present and the Vice-Mayor announced labor negotiations had been discussed. It was moved that Resolution No. 5136 be changed extending the negotiation period from August 1, 1977 to August 16, 1977. L741 22. AGENDA BILL #5153 - NEFORANDUM OF UNDER- STANDING WITH POLICE OFFICER'S ASSOCIATION. . RESOLUTION NO. 5168; ACCEPTING A YEM9RANDUM OF WENT AND THE CARLSBAD POLICE OFFICERS' ASSOCIATIC was adopted. Councilman Skotnicki requested the actual dollar amount of the annual increase be stated for publi record. UNDERSTANDING BETkIEEN REPRESENTATIVES OF MANAGE- 1 1 duk Motion Ayes Mot i on Ayes Not i on Ayes Motion Ayes ?lotion Ayes 1, * xx xx xx xx . .- CITY OF CARLSBAD COdlNCILM€F -9- Mr. Jerry Pieti,. Personnel Director, stated the amount was $62,9,58.20. RESOLUTION NO. 5169, ADOPTING .A SALARY PLAN FOR LOCAL SAFETY POLICE EMPLOYEES FOR FISCAL YEAR 3972, was adopted. 1977-78 AND RESCINDING PORTIONS OF RESOLUTION NO. Council discussed and tentatively approved the Water section of the Budget. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:03 A.M. to August 4, 1977, at 5:30 P.M. in the Council Chambers. Respectfully submi tted,