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HomeMy WebLinkAbout1973-12-04; City Council; Minutes.. 9 - / e 'c CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 4, 1973 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers - 1- 2- 3- 4- 5- r-681 c921 [281 I371 6- 7- ROLL CALL: INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (Approved by one motion) (a) Minutes of the adjourned regular meeting held November 15, 1973, were approved as presented. (b) Minutes of the regular meeting held Novem- ber 20, 1973, were approved as presented. (c) Minutes of the adjourned regular meeting held November 21, 1973, were approved as presented. (d) Minutes of the adjourned regular meeting held November 27, 1973, were approved as presented. CITY COUNCIL COMMITTEE REPORTS: (a) General Assembly Meeting re: Regional Planning Program. Councilman Frazee. annou'nced there will be a General Assembly Meeting of all Councils in San Diego County, Monday,December 10, 1973, at 9:30 A.M. at the Town and Country Hotel in San Diego. The meeting should adjourn about 2:00 P.M. and discussion will be held wit regard to report on Regional Planning Program and stepped'-up decision making schedule. (b) JAC Meetings. Councilman Chase reported the Joint Advisory Committee of the Encina Sewer Facility will be holding extra meetings to resolve some of the existing problems. (c) Mayor's Youth Committee, Councilman Lewis reported on the last Mayor's Youth Committee meeting and stated discussion was held regard- ing the proposed Refinery in Carlsbad and also the Committee members expressed interest in the Council considering appointing the Committee as a Commission. (d) Newsletter. Councilman McComas announced the Council Newsletter was available and is in new form. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 7:04 P.M. and reconvened at 7:13 P.M., with a1 1 Councilmen present. PUBLIC HEARINGS: 7:30 P.M. The Mayor declared the Public Hearings open at 7:30 P.M. COUNCILME1 ~ Present X X X Motion xxx Ayes X I ., 0 - 0 v CITY OF CARLSBAD COUNCILME1 -2- December 4, 1973 [851 (a) Agenda Bill #2218. To consider the Final E1131 Environmental Impact Report and proposed Zone Change from R-1-8,000 to P-C (Planned Community and adoption of a Specific Plan to allow de- v&lopment of 14 "clustered" condominium units on 2.6 acres of property generally located on the east side of El Camino Real between Chestnu Ave. and Kelly Drive. Applicant: Robert Mevane The City Clerk announced Notices of Publication are on file and that she had received a letter dated December 4, 1973, from the Carlsbad Unifi School District stating an agreement had been signed between the developer and School Distric Also received was a letter from Michael Straub, 3775 Catalina Drive, dated December 4, 1973, requesting the reinstatement of Condition #19 of the Planning Department Staff Report, regard ing a 6' high fence. A staff report was given by the Planning Direct who referred to a condition in the staff report listed as #19 which was deleted by the Plannins Commission. He stated the reason this was de- leted from the Planning Commission 's Resolu- tion was due to the fact that there is an exisl ing Ordinance which sets out the requirement of fencing when parking area is located adjacer to R-zoned property, and there is an existing fence at this time. Mrs. Detdeese, 3815 Trieste, Carlsbad, stated her property is located directly behind the proposed project. She fnformed the Council that the existing fence is in very poor condi t- Mr. Robert Kevane, 4405 Alamo Drive, San Diego applicant, stated he did not agree the fence that now exists is in bad condition. The Mayor declared the Public Hearing closed and discussion was held by the Council. A gentleman from the audience requested to be heard and the Mayor inquired if the Council had any objection to the Public Hearing being reopened. The Council agreed to re-open the pub1 ic hearing. Mr. Jack Sprague, 3050 Rodeo Lane, San Diego, stated the driveway to the development will be located behind the existing houses and near the fence but the parking area will not abutt R-zoned property. The Public Hearing was again dec1.ared closed by the Mayor at 8:55 P.M. and a motion was made that the Environmental Impact Report be accepted. The following Resolution was adopted by title only with further reading waived: w 1 t 1 c I* I I 1: i: Y t. i\l & * [ xx *, e - 0 .I I CITY OF CARLSBAD -3- December 4, 1973 1 Resolution No. 3278. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A CHANGE OF ZONE FROM R-1 (Single-Family Residential) TO P-C (Planned Community) ON APPROXIMATELY 450 FEET SOUTHERLY OF THE INTERSECTION OF CHESTNUT AVENUE AND EL CAMINO REAL. The following Ordinance was given a first read- ing by title only with further reading waived: Ordinance No. 9373. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CQDE BY GRAN ING A CHANGE OF ZONE FROM R-1 (Single-Family Residential) TO P-C (Planned Community) APPROXI MATELY 450 FEET SOUTHERLY OF THE INTERSECTION OF CHESTNUT AVENUE AND EL CAMINO REAL. The question of Condition #19 of the staff re- port regarding fencing was raised again and the City Attorney informed the Council that if the Council determines fencing as part of the Specific Plan and finds that in order to be compatible with the neighborhood, a fence is required, it should be included as a condition of the Specific Plan. Brief discussion was held by the Council and a motion was made that the following Resolutio be adopted by title only with further reading waived: Resolution No. 3279. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORN ANNOUNCING FINDINGS AND DECISION AND ADOPTING SPECIFIC PLAN (SP-137) TO ALLOW THE DEVELOPMEN 0F"'A 14-UNIT CONDOMINIUM COMPLEX ON APPROXI- MATELY 2.6 ACRES OF LAND, GENERALLY LOCATED EASTERLY OF AND ADJACENT TO EL CAMINO REAL. A further motion was made that Condition, #19 of the Planning Department Staff Report regard ing fencing be added to Resolution #3279 of the City Council as Condition #20. Resolution No. 3279 was adopted as amended to include Condition #20, regarding fencing. Councilman Chase stated Condition #19 of the City Council Resolution No. 3279 indicates as part of the Condition that the development sha be in harmony with the Hispanic Motif along El Camino Real. He stated it was his feeling that it should not be the responsibility of the Planning Director to determine what is and what is not Hispanic Motif and since there is no policy on this, questioned the enforcement of this Condition. The Planning Director offered background in- formation on this matter informing the Council that approximately three years ago, an effort by the County of San Diego was undertaken to n 11 T - 1- I COUNCILMEI zsc Cy kb fWu1 289 'p Motion Ayes xxx Motion Ayes xxx - Motion \ Ayes Motion Ayes Noes I ., m - e 'I CITY OF CARLSBAD COUNCllMEl -4- December 4, 1973 create a histroic corridor along El Camino Rea' from San Luis R.ey, Oceanside south. The effor, was to coordinate design requirements, setback landscaping, street lights and other criteria. A motion was made that the staff prepare re- commended standard which represent "Hispanic Motif" and return standards for Council con- sideration and possible adoption. A motion was made that Condition #15 of Counci Resolution No. 3279 regarding landscape areas in parking lots, be deleted, The motion died for lack of a second. [113] (b) Agenda Bill #2219. To consider the adop- tion of a Specific Plan to allow development of a 190-unit condominium on 28 acres of land generally located on the east side of Schuyler Ranch Road, north of Poinsettia Lane. Applica Hester Development Company. The City Clerk announced Notices of Publicatio were on file and no correspondence has been received. A staff report was given by the Planning Direc He explained that the property was originally annexed to the City of Carlsbad by H.B. Develo ment Co. and then purchased by Occidental Petroleum Development Corp. At the time H.B. Development Co. owned the property, a dedicati of land was set aside for school facilities. He further stated no letter has been received from the School District stating they are sati fied. He also pointed out the land dedication was made several years ago. The Mayor inquired if the applicant would agre to a continuance in view of the fact that no letter has been received from the School Dis- trict, indicating their acceptance of the 20 acres of land dedicated for school site. Mr. Fred 'Lance, representing the School Distri informed the Council an agreement had been reached with the developer but the matter had not yet been presented to the School Board. He further stated that school sites located near an:pirport must be reviewed by the State Bureau of Areonautics which must approve the school site. Mr. Lance further stated it would probably be at least three weeks before an answer from the Bureau of Areonautics woulc be received. Mr. Hester, the applicant, stated he would agree to a continuance. W motion was made that the item be continued to the January 2, 1973 meeting. - 1 t S, 1 n-; n tl P- OI S- I !e ci i 290_ Motio Ayes Motic (Motic died) . lr I Motio Ayes 5 r q L $ 3J9 IX !x x xx I CITY OF CARLSBAD WNLILMLN b 1 - -5- December 4, 1973 I ~ ~ -~I [85] (c) Agenda Bill #2220. To consider the Final [113] Environmental Impact Report, and an appeal of the decision of the Planning Commission in deny- ing a request for a zone change from R-1-7500 to C-l , to allow development of a financial and professional complex on property located on the south side of Elm Avenue between Highland Drive and Pi0 Pic0 Drive, Applicant: David El 1 swobth. Mayor Dunne stated he would abstain from voting since his property was located in the vicinity of the proposed project, The City Clerk announced AffidaVits of Publica- tion were on file and no correspondence had been received. The Planning Director informed the Council the matter was denied by the Planning Commission for reasons indicated in the Planning Commissio Resolution and a1 so it was felt by the Commis- sion that the request was prematlire since the staff was in the process .of preparing a special study of the total Civic Center area which should be completed by the end of December, 1973. He further stated consideration of this area was being given by the staff for overlay zoning. I1 Mr. Barney Schindler, a property owner abuttin the proposed project stated he was in favor of the development because'he felt ,it was the bes use of the property. Mr. David Thompson, 261 Via del Ceritos, Encinitas, property owner on the west side of the freeway pointed out to the Council that when he was seeking commercia property in Carlsbad some years ago, he was informed that commercial property $ould be on the west side of the freeway. He would have preferred to purchase it on the east side but was under the impression that commercial pro- perty would be confined to the west side. He expressed concern of the overlay zoning in the vicinity of the proposed property. Mr. Harry Truax,.4125 Harbor Drive, stated he was in opposition to this type of development on the east side of the freeway on Elm Avenue. He referred to a bank project proposed in the vicinity of the Civic Center some years ago and stated the Central Business District Actio Commission (CBDAC) of which he is a member, opposed the bank project and he felt, was re- bownt6anl SbhZlsb.a..ct. ~pan.~.?~ler.$~.~-F..;ti~d~.h~"aG.a~~'iLn~i ~~,~$:fi~atqfl '&~wn.~ -. ".. 9 t 1 r .. . Mr. David Ellsworth, 904 Vista Way, Oceanside, discussed the proposed project and surrounding property and urged the Council to approve the project. He further stated this request is:. for a change of zone - with Specific Plan. 1 29, \? F\pG 6. - 0 - 0 - ~ CITY OF CARLSBAD -6- December 4, 1973 The Public Hearing was declared closed by the Mayor and following some discussion by the Council, a recess was called at 8:50 P.M. The Council reconvened at 9:05 P.M. Further discussion was held by the Council and the overlay zoning issue was discussed at length. A motion was made that the Final En- vironmental Impact Report -be .accepted. A motion was made that the appeal for change of zone from R-1-7500 to C-1 denied by the Plann.in Commission be granted and the matter returned to the Planna’ng Commission for report and re- commendation. The appeal was granted for the following reason: 1) It appears that the usage proposed will be compatible with the ul- timate zoning adopted for this Civic Center over1 ay. ( 8- DEPARTMENTAL REPORTS: A. Planning. 11-21-73] Approval of tentative map for Carls bad Tract 73-48, to be known as Orleans East, to allow consolidation of four existing lots into one for condominium purposes, said proper being located on the north side of Pirineos Way east of Viejo Castilla Way, La Costa. Applicant: Sullivan Enterprises. The applicant requested Council’s consideratio of waiving the requirement of the School Polic since it was instigated several months after Unit #1 was underway and was not budgeted for. He stated further he has negotiated with the San Dieguito School District but has reached an impasse. Brief discussion was held and the Council stated that a policy of schools is in effect and must be complied with. The applicant requested a continuance of the matte E991 1. Agenda Bill #2192. - (cont. from - ty n Y r A motion was made that the matter be continued to the next regular meeting. I391 2. Agenda Bill #2221. Approval of Tenta- tive Mar, for Carlsbad Tract 73-17, to allow 12 condbminium units on property located on the north side of Navarra Drive between Viejo Castilla Way and the westerly cul-de-sac of Navarra Drive. Applicant: Nathan Simon. I A motion was m&de that the. matter be continued to the next regular meeting of December 18, 1973 since.the matter of the school policy had not been resolved and the staff was instructed ~ ~ to contact the applicant to inform him of .. Council action. CWNCILMEI agrq rn fivJ si 292 9 Motion Ayes Motion xxx Ayes X Noes X Abstafne( X I Motion Ayes Motion Ayes 0 - 0 II CITY OF CARLSBAD COUNCILME1 -7- agrq December 4, 1973 293 m m3w1 6, P C991 3. Agenda Bill #2222. Approval of Tenta- tive Map for Carlsbad Tract 73-31 to allow de- velopment of 18 condominium units on property located on the north side of Navarra Drive be- tween Viejo Castilla Way and the westerly end of Navarra Drive. Applicant: Barrie Chase. Mr. Robert Prescott, 3303 Belle Lane, repre- senting the applicant informed the Council that the project for CT 73-31 was almost com- pleted when the School Policy went into effect. He stated the Building Permit was taken out in January, 1972, and compliance with the school policy would be out-of-pocket expense since it was not included in the project budgct. He further stated negotiations with the San Dieguito School District has reached an impasze and that the applicant has offered to compen- sate in proportion..to the impact on the schoo- district but no agreement can be reached. Mr. Prescott requested a continuance of the matter and a motion was made, following dis- Motion cussion of the School Policy, that the matter Ayes be continued to the regular meeting, December 18, 1973. The City Manager informed the Council the staff will be meeting with the School Distric.;s this week and will attempt to reach some agre1:- ment. Councilman Frazee requested that the staff indicate to the school administrators that the school policy can be modified. It was noted that the applicants for the foll IW- ing two Agenda Bills were not present and a motion was made that the following Agenda Bills be continued to the next regular meeting. C991 . 4. Agenda Bill #2223. Approval of Tenta- tive Map for Carlsbad Tract 73-50 for develop- ment of a 15-unit condominium on one acre of land located on the east side of Jefferson St. between Buena Place and Buena Vista. Applicant: John McKeand. tive Map for Carlsbad Tract 73-46 to allow development of nine condominium units on property located on the east side of Carlsbad Boulevard between Hemlock and Juniper-Sts. Applicant: Charles P. Bluth. b. Public Works. ~ c991 5. Agenda Bill #2224. Approving the Tena- C991 1. Agenda Bill #831. - Supplement #l. Request for one year extension of Tentative Map for Carlsbad Tract 72-21, located east of El Camino Real and south of Marron Road. Appl.icant: Larwin Company. The Acting Director of Public Works stated the request for extension of Tentative Map is for Unit #2 of what used to be known as Tanglewood and is now known as Tiberon. The Tentative Map expires December 19, 1973. 0 - 0 __ CITY OF CARLSBAD COUNCILMEk -8- Mr. Larry Schmidt, representing Larwin, inform- Mr. Fred Lance, representing the School Ddstric informed the Council a letter of agreement is on file and School Facilities will be available The letter of agreement will be forwarded to A motion was made that the request for a one.' year extension for Carlsbad Tract 72-21 be 2. Agenda Bill #972. - Supplement #l. Request.for a one year extension of Tentative Map for Carl.sbad Tract 72-24, Spanish Village located south of.Levante St., west of Avillo Way. Applicant: La Costa Land Co. 3. Agenda Bill #461 - Supplement #4. Report from Refuse Committee concerning Refuse Collection Rates. Councilman Chase stated the Refuse Committee, consisting of the City Manager, Acting Direct0 of Public Works and himself, have studied the matter of Refuse Collection Rates and submitte a written report, dated November 28, 1973, to the Council. He read the following recommenda 1) Twice a week pickup of residential re- fuse be change to once a week pickup. 2) The residential rate remain at $2.75 4) That these actions be effective on January 1, 1974, and cover a one year peri to Deicember 31 , 1974. 5)%That the City and the Contractor agree to negotiate again during October, 1974, for an adjustment to the rates which will be directly related to a determinant, and will be for a minimum two year period, or a perc'entage increase/decrease of the determinant. Councilman Chase urged favorable adoption of the recommendations as submitted by the Refuse Committee. 0 - 0 3c CITY OF CARLSBAD -9- December 4, 1973 Discussion ensued by the Council and the question of whether or not customers who want twice a week pickup service would be able to make arrangements for it. The City Manage stated it could be arranged but felt it would be a staff recommendation that if this was done, it would be done on a total distribu- tion basis. The more variations, the more expensive it is to operate a business. Also discussed was the fact that the Resolution mentions once a week pickup service but does not mention holidays. Mr. Charlie Gibbs, consultant for the City; informed the Council there is a revised agreement in the Council packet covering holidays. The City Manager informed the Council the matter of conducting a poll among. the residents regarding the once a week pickup service a few months after it has been in- stituted , was recommended by the Commi ttee. The date once a week pickup servjce is to~be- ,gin is January 1, 1973 and. if a pol! ,is con: ducted it would be to determine whether or no citizens feel once a- week pickup is adequate. r I .; No further discussion was held and the follow- ing Resolutions were-adopted by title only .:' with' further readitig-waived: Resolution No. 3286. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- FORNIA, REVISING THE REFUSE COLLECTION RE- QUIREMENTS AND RATES AND RESCINDING RESOLU- TION NO. 1942. Resolution No. 3287. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- I FORNIA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TION IN THE CITY TO REVISE THE RATES AND AND FREQUENCY OF SAID COLLECTION. McDOUGAL SANITATION, INC. FOR REFUSE COLLEC- [lo61 4. Agenda Bill #2225. Underground Advisory Committee proposed Underground Utility Dis- trict No. 4. The Director of Public Works informed the Counci 1, the committee chairman, Mr. Harry Truax, would present a report on this matter. Mr. Truax informed the Council the estimated cost of the project would be $102,000 and stated if District #4 is established in 1973 the City may borrow twice its 1973 allocatior ($40,390) which when added to its 1973 allo- cation would provide sufficient funds to do the project in 1975. Otherwise, the project would be delayed until 1976, since the City may no longer borrow on future allocations due to the amount of its annual alloc.ation (greater than $50,000). The District, which 7 COUNCllMECl 295 R m%@t 9 Motion Ayes Motion Ayes ~ , I ~ i ~ I , i ~ i ~ ~ 0 - 0 1 CITY OF CARLSBAD -10- December 4, 1973 is designated as Roosevelt, Elm to Beech St., must be formed prior to December 31, 1973. Tim Flanagan, Director of Public Works, in- formed the Council the staff recommendation was not to form the Underground District at this time for the reasons contained in the Agenda Bi 11. Further discussion was held and the City Attorney stated this meeting would just set the Public Hearing for December 18th, if the Council so decides , and a map would be avail-. able of the District at the Public Hearing. The following Resolution was adopted by title only with further reading waived: Resolution No. 3294. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- FORNIA, EXPRESSING ITS INTENT TO INITIATE PROCEEDINGS PURSUANT TO CHAPTER 11.08 OF THE CARLSBAD MUNICIPAL CODE AND CALLING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC HEALT SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON ROOSEVELT STREET FROM ELM AVENUE TO BEECH STREET. 1 ~921 5. Agenda Bill #2237. Approval of Seventh Supplement to Basis Agreement re: Joint Sewer Agreement. At the request of the Public Works Director, it was agreed this matter be continued to the next regular meeting. 1451 6."Agenda Bill #2238. Construction Contract for Phase 11-A expansion of the Encina Water I Pol 1 uti on Control' Faci 1 i ty - Weardco Construc tion Co. t The Director of Public Works gave a lengthy oral report on Phase I?-A Encina Water Pollu tion Control Facility. He stated the Engine Estimate for construction of Phase 11-A base on the final plans and specifications.was $354,000 plus $10,000 contingency, totalling $364,000. Following review-and-negotiations with Weardco Construction Company, a final bid price in the amount of $386,300 plus $10,000 contingency, totalling #396,300, was submitted, which exceeded the Engineers. Estimate by 9%. A revised estimate of Engin ing, legal and other costs amounted to $60,0 The total estimated cost based on the Con- tractor's bid of $386,300, plus $10,000 contingency and engineering, legal and other costs amounting to $60,000 was $456,300, wit Carlsbad's share to be 25% or $114,500. Funds are available in the amount of $i27,50 - e' d eE 0: h 0. COUNCILMEC ..__asc Moti Ayes I 'S ?r- 1. k\ zv 2 flwh 9 on X xxx i e - e 1 CITY OF CARLSBAD -11- December 4, 1973 He further stated that the Construction Con- tract shall not become effective nor be exe- cuted until approved by all four agencies. Based on the recommendations of the Acting Director of Public Works, the following Resolution was adopted by title only with further reading waived: Resolution No. 3298. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CONSTRUCTION CONTRACT FOR THE POLLUTION CONTROL FACILITY. PHASE II-A EXPANSION OF THE ENCINA WATER r921 7. Agenda Bi 11 #2240.-. Encina Water Pollution Control Facility Third Supplement to Agreement for Interim Connection by Leu- cadia County Water District. The Acting Director of Public Works stated the Joint Advisory Committee has recommended that the Third Supplement to the Agreement fo Inteeirn Connection by Leucadia County Water District be executed by each of the Owner Agencies. This supplement will allow Leucadi on a temporary basis to pump 1.25 MGD of treated and raw sewage into the system. Brief discussion was held and authorization was given the Mayor to execute the Third Supplement to Agreement for Interim Connectio by Leucadia County Water District. EXECUTIVE SESSION: The Mayor called for an Executive Session at 10:55 P.M. to discuss Personnel. The Council reconvened at 11:06 P.M. and the Mayor announ ed that Personnel was discussed and the following action taken: 1 Mrs. Dale Ginn and Mr. Manuel Castorena were Committee and the resignation of Mr. Jim Anderson from the Building Authority was letter of appreciation to Mr. Anderson. Further, it was announced that names for con sideration of this position will be discusse at the next regular meeting. I'8' appointed tb the Senior Citizen's Advisory c4*1 accepted and the Mayor requested to write a - d C. City Manager. r251 1. Agenda Bill #2226. Proposed "South Carlsbad Annexation No. 1.16 (Systems Capital Corporati on). The following Resolution was adopted by title only with further reading waived: Resolution No. 3288. A RESOLUTION OF THE FORNIA, APPROVING THE ANNEXATION OF CERTAIN CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS "SOUTH CARLSBAD I ANNEXATION No. 1.16". .. I COUNCILMEh 1- 0 7 0 I CITY OF CARLSBAD -12- December 4, 1973 ~481 2. Agenda Bill #2227. General Municipal Election. I Brief discussion was held on the General Municipal Election and the following Resolu- tions were adopted by title only with further reading waived: Resolution No. 3289. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- FORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER . SPECIFIED SERVICES TO THE CITY OF CARLSBAD, RELATING TO THE CONDUCT OF A GENERAL MUNICIPA' ELECTION TO BE HELD IN SAID CITY ON MARCH 5, 1974. Resolution No. 3290. A RESOLUTION OF THE FORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 5TH DAY OF MARCH, 1974, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PRO- VISIONS OF THE LAWS OF THE STATE OF CALIFORNI RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN QUESTION, PROPOSITION OR MEASURE RELATING TO A COMMUNITY SWIMMING POOL At the request of Councilman Chase, the matter of the Swimming Pool measure was dtsm cussed briefly. The City Clerk announced she would 1 jke Coun- cil approval of an $85.00 fee to cover the cost of printing and mailing Qualification Statements of candidates in the municipal election. It was moved that the fee of $85.00 be estab- lished to cover the cost of printing and mailing of Qualification Statements. Further, the City Clerk requested authoriza- tion for the employment of Martin and Chapman as election consultants for the Municipal Election. CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- 1 iI Authorization was given for the employment of Martin and Chapman as Election Consultants for the up-coming General Municipal Election. A motion was made that authorization be given the City Attorney to prepare the analysis on the Swimming Pool measure on the ballot of the General Municipal Election. c501 3. Agenda Bill #2228. Request for trans fer of funds in Building Department Budget. t The following Resolution was adopted by title only with further reading waived: COUNCllMECl o,grCr= f%@f 298 M 9 Motion xxx Ayes X Motion xxx Ayes X 1 Motion Ayes xxx Motion xxx Ayes X Motion xxx Ayes X 0 - 0 CITY OF CARLSBAD -1 3- .r December 4, 1973 ~ Resolution No. 3291. A RESOLUTION OF THE CIT COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE BUDGET AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A CALCULATOR. Reference was7made to the City Manager's Recommendations contained in Agenda Bill #222 suggesting that an amendment be made to Resol tion No. 3176, adopting the 1973-74 budget, to allow the City Manager to administratively make changes in the Capital Improvement Accou up to $500.00. The City Manager was requeste to prepare an'bgenda Bill on this matter for Council consideration. r701 4. Agenda Bill #2229. Request by Carls- bad Boat and Ski Club for use of Agua Hediond Lagoon. Authorization was given for the holding of a monthly competitive event by the Carlsbad Boat and Ski Club per recommendations of the staff. Staff recommendations were as follows: 1) The Lagoon not be closed to other users. 2) Once a month events be allowed by per- mission of Police Department staff. 3) The club will provide date and time of event, number of participants and person in charge. 4) A Hold Harmless Agreement be executed and that adequate insurance be carried as determined by the City Attorney for the City. (- rasj 5. Agenda Bill #2230. Civil Defense. Resolution No. 3292, authorizing City Manager to sign certain documents on behalf of the City for the purpose of obtaining financial assistance under the Federal Civil Defense Act of 1950, as amended, was adopted. Resolution No. 3293. establishing eligibilit and conditions, was adopted. C451 6. Agenda Bill #2235. Management Con- sultant Employment Agreement. A motion was made that authorization be giver the Mayor to execute an Agreement between thc City and Franklin W. Lilley, engaging Mr. Lilley as a Governmental Management Consul- tant, to provide consulting services on spec' fically assigned projects which-will be assigned by the City Manager. 1241 7. Agenda Bill #2239. Uniform Animal Control and dog license fee. Following discussion, Resolution No. 3296 was adopted by title only with further read- ing waived: I I Y E L lr C li. r 1 3 is COUNCILME1 - 0 - 0 IIC CITY OF CARLSBAD -1 4- December 4, 1973 Resolution No. 3296. A RESOLUTION OF THE FORNIA, SETTING DOG LICENSE FEES AND ANIMAL REGULATION SERVICE FEES. The City Attorney read the following Ordinance by title only, stating it was the Council's intent to adopt the Ordinance by reference and set a Public Hearing for January 2, 1973: CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- Ordinance No. 3099. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE MUNICIPAL CODE BY REPEALING CHAPTER 7.08 REGULATING RABIES AND PROVIDING FOR ANIMAL CONTROL AND REGULATION BY THE ADOPTION BY REFERENCE OF CHAPTER 6, DIVISION 2, TITLE 6 OF THE SAN DIEGO COUNTY CODE. 9n ORDINANCES FOR ADOPTION: The following Ordinances were given a second reading by title only and adopted: Lao1 (a) Agenda Bill #2165. Ordinance No. 3098. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY I OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 11.24.022 IMPOSING A 45 MILES PER HOUR SPEED LIMIT FOR BOATS OPERATING ON THE AGUA HEDIONDA LAGOON. [loll- (b) Agenda Bill #2214. Ordinance No. 6052. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY I OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTIONS 5.20.120(8) AND 5.20.120(a) RELATING TO TAXICAB DRIVERS' PERMITS. ~1131 (c) Agenda Bill #2207. Ordinance No. 9371. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF INDUSTRIAL) ON 337.15 ACRES OF LAND LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL. ZONE FROM A-1-8 (COUNTY) TO P-M (PLANNED [113] (d) Agenda Bill #2208. Ordinance No. 9372. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9279 BY THE AMENDMENT~-lOF SPECIFIC PLAN ADOPTED THEREBY TO PERMIT THE CONSTRUCTION SUBJECT TO CERTAIN CONDITIONS, OF A 400 FOOT SINGLE STACK TO REPLACE FOUR EXISTING STACKS STATE 5 AND SOUTH OF THE AGUA HEDIONDA LAGOOK (San Diego Gas & Electric Co.) ON PROPERTY GENERALLY LOCATED WEST OF INTER- 10- CONSENT CALENDAR: I The following i terns were approved by one motion affirming the actions of the Consent I Calendar: COUNCllMEl 25r c\ M mZ*f 9 .3 00 Motion Ayes xxx Motion Ayes Noes Motion Ayes Motion Ayes Motion Ayes Motion Ayes 0 - 0 1 CITY OF CARLSBAD -1 5- December 4, 1973 [411 C451 [451 C801 c291 12- ~411 E621 ~~ 7 A. CLAIM FOR DAMAGES. I 1. Agenda Bill #2231. Resolution #3294. A RESOLUTION OF THE CITY COUNCIL OF THE CITY I OF CARLSBAD, CALIFORNIA, DENYING A CLAIM AGAINST THE CITY, was adopted by title only with further reading waived: p. FUTURE IMPROVEMENT AGREEMENTS: 1. Agenda Bill #2232. Authorization was siven the Mayor to execute Future Improvement I igreement coicerning Parcel Split #2O9 for property located at Highland Dr. and Basswood Ave. (Helen Daiger). 2. Agenda Bill #2233. Authorization was given the.Mayor to execute Future Improvement Agreement concerning development of 16 unit condominium located on the north side of Juniper St. (Robert Bryan and Ted Adams) C. PROCLAMATIONS: 1 1. Agenda Bill 82234. The Mayor pro- claimed the Month of January as "Alcoholism Information Month in Carlsbad". D. RESOLUTIONS FOR ADOPTION: I 1. Agenda Bill #2212. - Supplement#l. Resolution No. 3297. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- FORNIA, ADOPTING AN AMENDED SALARY PLAN FOR THE CITY FOR THE 1973-74 FISCAL YEAR, was adopted by title only with further reading waived. ADDITIONAL BUSINESS: A. City Council. 1. Agenda Bill #2636. Letter of resig- nation from the Carlsbad Building Authority submitted by Jim W. Anderson. This matter was discussed during the Execu- tive Session -(See Page 11) EPA Measure on Parking. The Mayor reported he had received a call from Senator Tunney's Office responding to a telegram sent by the City on the EPA Measure on parking. Discussion ensued and the City Attorney in- formed the Council the City of San Jose is entering into a suit regarding EPA Measures and inquired if the City of Carlsbad would like to join in the suit,-or would like to file a similar petition singly. Another -? alternativeLwould be-tolseek-other cities like Carlsbad who are petitioning the cir- cuit court for judicial review. Following discussion, a motion was made to treat the parking permit requirements under the EPA Measure, the same as under Proposi- tion #20. I CQUNCILMEI ztc q l&# f%*l 30) 7 Mottw Ayfls xxx CITY FC s cxxJlVL.lLMEE 0 Decembe ri r. i I :: Further, authorization was given the City Attorney to file a petition with the U.S. Court of Appeals charging the .€PA regulations Councilman McC.omas stated the matter of cost should be checked into before the City be- comes involved with the court. . Code. The City Attorney informed the Counkii he .has been working on the intrepretation of the changes in the Election Code and has been concentrating on three rnaj0.r items: 1) Con- flict of Interest law 2) Campaign contribu- tion laws, and 3) the. Disclosure Law. A memo- Discussion of a workshop meeting with the Planning Department regarding Open Space Element was held and it was agreed a meeting would be held Thursday, Dec. 13,1973, at 3:OO P.3 Ratification was given the payment of bills for the General Expenses of the City in the amount of $114,625.05 and the-Water Depart- November 16, 1973 thru November 30, 1973, as certified by the Director of Finance and approved by the Auditing Committee. Chamber of Commerce. Mayor Dunne stated he had audited the bills for the Chamber and found them to be true and correct to the best of his knowledge. He recommended the bills in the amount of $1,826.11 be ratified at this time and this amount be reimbursed ADJOURNMENT: By proper motion, the meeting was adjourned Respectfully submitted,