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HomeMy WebLinkAbout1977-08-16; City Council; Minutes-. ~~~~;,J$!;~pl Me.etS ng of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 16, 1977 ROLL CALL: INVOCATION was given by Yaybr Frazee. PLEDGE OF ALLEGIANCE was given. PRESENTATION: Mayor Frazee read and presented a ?esolution to Margaret Miesse commending her for 19 years.of service with the City 'Li.brary. APPROVAL OF MINUTES: Minutes of the adjourned regular meeting held July 26, 1977, were approved as presented. were approved as presented. Minutes of the adjourned regular meeting held August 4, 1977, was approved as presented. Councilman Skotnicki stated with reqard to Item #16 of the August 2, 1977 Minutes that he felt it should reflect the discussion regarding the - developer's participation by contributions toward relieving the traffic congestion at El Camino Real bridge over Highway 78. He stated the conclusion . of the discussion was that if the 5th store was constructed at Plaza Camino Real, consideration would be given at that time for participation by the developer. Brief discussion was held by the Council and it was the concens6s of the Council that the minutes of the August 16, 1977 meeting indicated that portion of the discussi.on. PAYMENT OF THE BILLS AND RATIFICATION OF PAYROLL: Committee. Committee. CONSENT CALENDAR: Mayor Frazee requested that Item #1 be removed for further report by the 'staff. Councilman Skot nicki requested that Item #6 be removed and Councilman Lewis requested that Item #7 be .re- on the Consent Calendar, by one motion. C!TY f-J-J$JN,&tb$&EE" " 2 - - 1 '. August 16, 1977 333 [loll 2. AGENDA BILL #5014 - Supplement #2 - TAXICAB APPLICATION - RALPH BURNETTE DBA RALPH 8 EDDIE'S [45] 4. AGENDA BILL #5159 - LEVANTE PARK. Ruthoriza- tion was given the staff to negotiate agreement with the Encinitas Union Elementary School Distric . I [93] 5. AGENDA BILL #5160 - SEWER THROUGH PRIVATE EASEMENT - 3955 HOLLY BRAE LAME - DR. HUGHES. Authorization was qiven to Dr. Huqhes to connect I to Skyline Drive sewer through private easement and the City Manager was directed to enter into an agreement. I [SO] 8. AGENDA BILL #5162 - REFUND REQUEST FOR OVER- PAYMENTS. Council authorized overpayment refunds as follows: Marguerite B. Kealey $7.50, Dorothy Edman $7.50, Mrs. M. Stevenson $22.50 for cancelle gymnastics class; Deanna Hoffman $5.00 for cancel- led baton lessons; Emily Frank $22.50, Florence Campbell $180.00, Clara Kallman $12.75, E. G. McFlannamy $25.50 forecancelled day trippers trip; Christine Armour $15.00 for cancelled tennis class; Jack Sprague $200.00 for withdrawal of application for Tentative Map. [68] 9. AGENDA BILL 5164 - CAFiLSBAD CITY EMPLOYEE'S ASSOCIAFIBN - LETTER DATED JULY-26, 197.7 INSURANCE POLICY. The staff was directed to collect cost data concerning modification to present policy and report back to Council. [41] 10.' AGENDA BILL #5165 - CLAIM AGAINST THE CITY - GUYNETH COLLEEN KENAT - Resolution No. 5179, denying a claim against the City, was adopted. ITEMS REMOVED FROM CONSENT CALENDAR: .. L451 1 - 'AGENDA BILL #3542 - Supplement'#4 - SECOND 11051 YEAR HOUSING AND COMMUNITY BLOCK GRANT MANAGEMENT AND IMPLEMENTATION AGREEMENT. The Public Works Director informed the Council the City entered intb a cooperative agreement on December 16, 1975 to participate in the County's Second year Housing. The City has been awarded a $68,000 share of the Urban County Grant for the construction of im- provements to the Harding Street Community Center ($41,280), installation of sidewalks in the d-own- town area ($13,760) and installation of lights and landscaping at Chase Little League Field ($13.,760). Because of the problem with the Federal HCD Regulations, the Chase Field project has been delayed indefinitely. Staff, therefore, recom- mends that the Chase Field Grant monies ($13,760) .~ ... -. ..~. . . CI*TY OF c WNG!Eb?E - 1 I' - 3- be reallocated to the Harding.Street Community Center with the understanding that the Council * can in t'he future transfer budgeted City funds from the Harding Street Community Center project to the Chase Field project to compensate for the redistribution of grant funds. The following resolution was presented and ,, adopted: RESOLUTION NO. 5175, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION OF A COklMUNITY DEVELOPMENT BLOCK GRANT PROJECT AND Motion AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. Ayes [45] 6. AGENDA BILL #5161 - TRAFFIC SIGNAL NAINTE- NANCE AGREEMENT - SIGNAL MAINTENANCE, INC. Cmn. Skotnicki referred to Page 3, Line 12 of the Agreement, stating his concern regarding the relationship between the Consumer Price Index and the cost of maintenance. Mr. Baldwin, Assistant Manager, stated the price index was the nearest and best gage due to the fact the Ci.ty would be entering into a' three year contract. The following resolution was presented and adopted: RESOLUTION NO. 5178, APPROVING AN AGREEMENT NANCE INC. FOR TRAFFIC SIGNAL MAINTENANCE.AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BETWEEN THE CITY OF CARLSBAD AND SIGNAL MAINTE- [lo51 7. AGENDA BILL #5162 - SECTION 8 HOUSING REQUEST AL I CANTE R0A.D. t Cmn. Lewis stated his reason for wanting thris item discussed was he was concerned about the density factor of the project in this particular area. MR. FRED MOREY, represemting La Costa Land Company, addressed the Cou'ncil stating their company, together with Shappel Industries , have been investigating the possibili.tj of'low income housing in the La Costa area. The property in question consists of four lots and the number of units does not exceed the density for this area. However, they have determined this type of pro- ject would be best located in some other area than A1 i cante Road. The Council accepted staff recommendation and directed staff to prepare a letter Tor the Mayor signature stating that 1) the application is consistent with the Urban. County HAP; 2) the Cit has not had the opportuni.ty to review any speci- fic development plans, and therefore cannot determine whether the project is consistent with local ordinances and policies; and 3) at t'he present time there is a building permit morator- ium due to a lack of sewer treatment capacity available to serve the subject. property.. S- Moti o! Ayes I =rY CxmNCILMEH” - 1- -4- Auaust 16. 1977 1 m ., . ~~~ - ~ ~ ~~ ~~ I ORDINANCES FOR ADOPTION: I By minute motion the readi.ng of the text of all Ordinances before the Council at this meeting I was waived., I 11. AGENDA BILL #3481 - SUPPLEMENT #9 - EIR-3891 CT 76-18/PP-24/SP-41 (A) - NAY STORES SHOPPING CENTERS, INC. 1 Motion Ayes The following ordinance was given a second readin and adopted: P ORDINANCE NO. 9487, AMENDING ORDINANCE NO. 9334 CERTAIN PROPERTY INCLUDED MITHIN TENTATIVE MAP LOCATED ON THE NORTH SIDE OF MARRON RO.AD BETWEEN EL CAMINO REAL AND JEFFERSON STREET. APPLICANT: MAY STORES SHOPPING CENTERS, INC. AND SPECIFIC PLAN (SP-41) BY THE DELETION OF (CT 76-18) AND PRECISE PLAN (PP-24) GENERA.LLY Motion .. Ayes 12. AGENDA BILL #5105 - SUPPLEMENT #2 - CITY INITIATED ZONE CHANGES FROM R-A-10,000 AND R-1-10,000 TO L-C AND E-A. The following ordinance was given a second readin and adopted: ~ ORDINANCE NO. 9488, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-191) FROM .R-A-10,000 AND R-1-10,000 TO L-C (LIMITED CONTROL AND E-A (EXCLUSIVE AGRICULTURE) ON 10 PARCELS GENERALLY LOCATED AT PALOMAR AIRPORT ROAD AND INTERSTATE 5 TO CONFORM TO THE GENERAL PLAN LAND APPLICANT: CITY OF CARLSBAD. PUBLIC HEARINGS: USE D.ESIGNATION OF NON-RESIDENTIAL RE.SERVE (NRR). 1 I 13. AGE.NDA .BILL.-#5088 - SUPPLEMENT NO. 1 - PLANNED UNIT DEVELOPMENT (PUD-8)/ TENTATIVE MAP (77-2) AND SPECIFIC PLAN (SP-16O(A)) - KAMAR CONSTRUCTION COMPANY. The Planning Director reported to the Council this matte.r was previousl’y heard by the ,Council and at that time citizens in the area protested the Hosp Way access as they felt it would be deteri- mental to the area since it would open an easy travel route from El Camino Real to Elm Avenue, and, further, surrounding developments would be adversely affected by-high traffic volume on Hosp Way. The Council referred the matter back to staff regarding problems associated with a second acces: into the area. , > Staff met with, the applicant and has reviewed .a suggestion made by the applicant that CT-77-2 be. rephased so that the’ sequence of development woul-d be Units 1 , 2 and 4, and with Unit 4 full improve- ments of Monroe Street within Unit 4 be completed and that Monroe Street offsite be extended to Marron Road as a 28’ paved section,. Either Units 3 or 5 may follow in the above sequence, however, full improvements of Hosp way are required with 1 ._ __. - ".,.sJ.>< D?&-."7z2 1 1 g 1 '1 1 1 I i li F i 6 e.' G: i ti h I! 5 1 I E E i; 1 j I ! k $ d p I? 2: i [99] .ti E i. I: 1: 1 j I *% E -sip. v,,$ 1. E :- p ;;;- (9:.; ,A+?: $*?!' $ p. *,>, '.= b i =.. ,A j,. ?e$ "&", ; k g *,+# i: .".". ak ?-$.xr,,?%2;:v .,r-i,&J '.~. , i;.:; - c ,-, i"l$*-:-. "' i. ; :-:- I *<J, ;+, X <+ 2 {:-. <-:; ~ i I,, 2 2 i' l ".,*.. c. 1 ,y n p y:. t"" c., q F t:2 rsy> :>: !.'"** $ :: L p -4: i I' %&A 2 %,&p i; .I \,*&;,~">$-.&/ 6" ;I ?' ;,;a fi ; t %' -, t acl.;i"q'uc .*,,&,;;,::,.i:: CITY OF RLSB NCf[.J$EP v 1 (*Se rect Page 1 -7- The proposed Federal Revenue Sharing Budget and the City of Carlsbad final operating budget for Fiscal year 1977-78 was presented, reflecting the changes agreed .upon by the Council. The Mayor opened the public hearings and announced the Council would hear from all persons desi,ul.ing to speak on Agenda items 16 and 17. As there were no persons desiring to speak the public hearings were closed at 8:57 P.M. cor- Following discu'ssion Cmn. Skotnicki stated he was In on in hopes the discussions this year on the budget 12) will help for future budgets, and urged the Counci to implement policy making procedures in setting .up the budget in the future. The more he w-o.rks with. a line budget the more confused he becomes. The County of San Diego is in the fourth year of a program budget. The Council approved the Federal Revenue Sharing Expenditures for Fiscal year 1977-78. The following resolution was presented and adopted RESOLUTION NO. 5180, ADOPTING A FINAL OPERATING CARLSBAD AND ESTABLISHING CONTROLS ON CHARGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENTS AND F.UN DS . BUDGET FOR THE FISCAL YEAR 1977-78 FOR THE CITY OF AND The following resolutions were presented and adopted: RESOLUTION NO. 5181 , FIXING THE AMOUNT OF REVENUE PARTMENTS OF THE CITY OF CARLSBAD AND FIXING THE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DE- I 1 i FOR 1977-78 FISCAL YEAR. RESOLUTION. NO. 5182, SETTING THE TAX RATE FOR THE 1977-78 FISCAL YEAR. DEPARTMENTAL AND C.ITY MANAGER REPORTS: Planning kt+@ OF CARL5 mN$gtl\(E:l -. 8 - The Assistant Planning Director, Bud Plender, gav the staff report. He referenced the Planning Director's Memorandum dated July'8, 1977, to the City Manager and outlined existing and future problems which may arise due to the 'lack of(: development standards or guidelines in Specific Plans that have approved in P-C Zones. As an example, Mr. Plender referred to a trans- parency showing the Vale and Warmington areas which have already received Council approval. He then referred to a wall chart of the area desig- nated as Vale 11, which Shapell Industries is .proposing to develop under an existing Specific Plan, and outlined the problems which -may result such as lack of standards for setbacks, street width and parking. Mr. Plender concluded the staff report by out- lining the recommendations as contained in the Memorandum to the City Manager dated July 8, 1977. Mayor Frazee stated that members of the public had expressed the desire to speak on the matter, and they would be heard at this time. Mr. Fred Morey, La Costa Land Company, was recog- nized by Council. Mer. Morey urged Council to think objectively on the matter, and expressed concern that Council may be looking at Master Planned Communities and confusing them with Planned Unit Developments. and that Shapell has complied with existing ordinances. He requested that the ordinances not be changed at this time i.n that they were bound by the CC&R's of La Costa. Council then recognized Mr. Hartmad, 1132 Melrose Nay, Vista. Mr. Hartman questioned the usage of the word "proper" as contained on the Agenda Bill wherein it referred to ''proper development standards" .. as follows: Adopt urgency ordinance prohibiting the approval of building permits for de.velopments in areas approved by Specific Plan that do not contain development standards; Initiate deletion of Specific Plan's as stated in Alternative 2 and 3 of this report as appropriate for individual Specific Plan; .. ~~qg--~~fvq~P -9- Place high priority on adopting condominium standards and condominiurn- 'conversion regulations. Staff then indicated they would return to Council with a further report-on the matter. [113] 19. AGENDA BILL #4025 - SUPPLEMENT #2 - SPECIFIC PLAN - TAMARACK AVENUE AND JEFFERSON STREET - NORMAN STARR. Mr. Starr or a. representative was not present an.d the matter was ordered filed. EXECUTIVE SESSION: An Executive Session was called at 10:50 P.M. .to discuss personnel. The meeting was reconvened at 1.1:30 P.M. with four Council members present, and the Mayor announced the purpose of the meeting was to discuss personnel. The staff was instructed to return to Council with a Memorandum of Understanding between the City of Carlsbad and the Firefighters Association The staff was further instructed to return to Council with a Executive Pay Plan based on a five percent increase. 1977 to September 6, 1977. [93] 20. AGENDA BILL #5143 - SUPPLEMENT #l. - SE!IIER PERMIT REQUEST - PALOMAR AIRPORT BUSINESS PARK - ORDINANCE NO. 8074, AMENDING TITLE 18, CHAPTER 18.05 OF THE CARLSBAD MUNICIPAL CODE BY THE EXCEPTION FROM THE BUILDING PERMIT MORATORIUM FOR WORK INSIDE EXISTI-NG STRUCTURES, WHICH HAVE NEVER BEEN OCCUPIED, NECESSARY TO ACCOMODATE THE FIRST USER OF SPACE THEREIN. AMENDMENT OF SECTION 18.05.020 TO PROVIDE. AN buildings within the-Palomar Airport Business Park, finding that the findings required by Sub- section 10, of Section 18.05.020, have been met and. that effective on or after the effective date of Ordinance No. 8074, building permits may be c23wKx.M - 10 - [68] 21. AGENDA BILL #5169 - VOTING REPRESENTATIVE .' LEAGUE OF CALIFORNIA CITIES - ANNUAL CONFERENCE - SEPTEMBER 25-28, 1977. The Council was'informed the League is asking that each city designate a voting- representative and an alternate who will be present at the business session on Wednesday, September 28 at 10:30 A.M. [81] 22. AGENDA BILL #5170 - REPORT ON PROPOSED ACQUISITION - STATE AND GRAND. Mr. Jack Henthorn, Redevelopment Coordinator, reported to the Council on the proposed property acquisition at State S.treet and Grand Avenue. He .made reference to his Memorandum dated August 16, 1977, addressed to Mayor Frazee and member of the City Council, stating that staff had obtained a preliminary appraisal on the subject property. Th preliminary appraisal indicates that the valuation range of the 15,000 square foot area is $110,000, and that the interim improvement valuation would. result in a total valuation approaching $118,000. Mr. Henthorn pointed out certain guidelines that would have to be followed relative to property acquisition and relocation of displaced owners and tenants under the Health and Safety Code and the Government Code. The property is currently under a master lease held by a third party. Mr. Minnick, t'he owner's. representative, has indicated that the lease- holder.is willing to consider the sale .of the ,master.lease for approximately $5,000. FoTlowing discussion by the Council, the Council accepted the recommendation set forth in the Memorandum dated August 16, 1977, as follows: Authorize staff to make a-n 'offer on the subject . .property at a cost not to exceed $118,000, con- tingent on Planning Commission fi.nding of General P1 an conformity; Direct staff to analyze the advantages of acquir- Prepare for Council adoption, acquisition and relocation guidelines in conformance with appli- cable State statutes and return subject guideline at the next regular Council meeting; and Staff to contact the City,of San Diego's Central Relocation Office and the Cal Trans Relocation Section relative to their ability to provide on a contractual basis a technical relocation function I r i . . - - . -. v L 1 I c1111 P81 C281 CZ81 E8 1 68,TY F CA mNGfL!8ES ~ - 11 - 23. AGENDA BILL #5146 - WATER PRICING - INVERTED RATE STRUCTURE. Councilwoman .C.asler informed Council she had .requested this ifem placed on the Agenda for dis- cussion. She would like the Council to consider establishing an inverted rate structure for, water which would include a basic unit minimum price, and then if the household exceeded this amount, they would pay at a higher unit rate. Reference was made to a'memorandum dated June 27-, 1977, addressed to the City Manager from the Director of Utilities and Maintenance. -. Following discussion by the Council, staff was instructed to study the inverted rate structure as to its feasibility for Carlsbad and return to Council with a report. 24. AGENDA BILL #5097 - APPOINTMENT TO TRAFFIC SAFETY COMMISSION. Mayor Frazee announced his intent to appoint George A. Merrill, 2065 !.Jestwood Drive, to the Traffic Safety Commission. , 25. AGENDA BILL. #5155 - APPOINTMENT TO CARLSBAD I HOUSING COMMISSION. The Mayor continued this matter to the next regu- lar meeting of the Council, and requested the Council to submit recommendations for the two appointments. 26. AGENDA BILL #5156 - APPOINTMENT TO CARLSBAD BU.ILDING AUTHORITY. Mayor Frazee announced his intent to reappoint C. R. Helton to the Carlsbad Building'Authority. I 27. AGENDA BILL #5157 - APPOINTMENT TO MAYOR'S YOUTH COMMITTEE. It was the concensus of Council this matter be taken off calendar until school is in session. CITY ATTORNEY ADDITIONAL BUSINESS: I respond to same indicating the agreements as submitted are not' acceptable.. .. I 3- .. WNC!L,DktE:&P - 12 - ADJOURNMENT: By proper motion, the meet-ing was adjourned at 12:ZO A.M. to .Tuesday, August 30, 1977, at 7:OO P.M. in the Council Chambers. Respectfully submitted, * Counci 1 concurred with the correction to the August 16,. 1977, minutes as requested by Councilman Skotnicki in paragraph four, page 7, as follows: "During Council discussion, Councilman Skotnicki urged the Council to improve the budget process. He suggested setting up policymaking procedures and using the budget as a policy implementjng tool , rather than the reverse, to avoid -hasty decisions on policy. He expressed dissatisfaction with ..