HomeMy WebLinkAbout1977-10-04; City Council; Minutes* e-# F CARL-?&$@ q-q ? WNCBLMf
Meeting of: CITY COUNCIL (Regular Meeting)
ROLL CALL:
INVOCATION was given by Councilman Packard.
PLEDGE OF ALLEGIANCE was given.
APPROVAL OF MINUTES: (Approved by one motion)
Minutes of the regular meeting held S 1977, were approved as presented.
Minutes of the adjourned regular meeting'held September 22, 1977, were approved as presented.
PAYMENT OF BILLS AND RATIFICATION OF PAYROLL:
Authorization was given the payment the General Expenses of the City: C $285,887.23; Water Department $55,595.25; Invest- ments $100,000.00; Net Payroll Transfer $102,350.42; for a total of $543,832.90, as certified by the Director of Finance and approved by the Auditing Committee.
Ratification was given the payment o in the amount of $162,926.90 for the period September 5, 197.7 through September 18, 1977, as certified by the Finance Director and approved by the Audi ti ng Commi ttee.
ORAL PRESENTATION: "-
1. AGENDA BILL #5208 - CONCEPT OF SAN DIEGO STATE OFF CAMPUS SITE - NORTH COUNTY - DR. JOHN
of Mira Costa College. Dr. MacDon briefly the purpose of requesting relative to a North County off-campu Diego State University. In response to Council questions, he stated the site would offer degree courses rather than extension courses; however would be unable to offer a full range of courses,
therefore a couple of programs would be selected to be offered at this site.
Dr. MacDonald then distributed to Council a copy of a proposed Resolution supporting the off campus site, and requested Council consideration in adopting same.
The following Resolution was adopted:
RESOLUTION NO. 5228, IN SUPPORT OF S UNIVERSITY NORTH COUNTY CENTER.
CONSENT CALENDAR:
Councilman Skotnicki requested that Item No. 3 be
Staff requested Item No. 8 be removed from the Agenda. The following items, with the exception o Item No. 3 and Item No. 8, were approved by one motion affirming the action on the Consent Calen-
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CONSENT CALENDAR (Cont'd.)
2. AGENDA BILL #3542 - Supplement #5 - SECOND [105]YEAR HOUSING AN.D COMMUNITY DEVELOPMENT GRANT - INNER CITY SIDEWALKS - CONTRACT NO. 1040.
tions, Contract No. 1040, was adopted.
4.- AGENDA BILL #5016 - Supplement #2 - FINAL MAP APPROVAL - NORTHEAST CORNER CARLSBAD BLVD. AND MAPLE AVE. -S. & L. ENTERPRISES. Council approved the Final Map of Carlsbad Tract 7.7-4.
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6. AGENDA BILL #5210 - CARLSBAD CHAMBER OF COMMERCE - QUARTERLY REPORT (JULY - SEPTEMBER, Council authorized payment of $8,500.00 to the Chamber of Commerce for basic servi.ces
7. AGENDA BILL #5211 - AMENDMENT TO RESOLUTION c291 N6. 5180 (ADOPTING OPERATING BUDGET) TO BE CON-
amending Section Four of Resolution No. 5180 to be consistent with the City Code Section 3.28.160, setting a limit on the purchase of budgeted items that will require City Council approval, was
9. AGENDA BILL #5213 - COUNCIL APPOINTMENT OF c511 REPRESENTATIVE TO FIRE ADVISORY BOARD. Resolution No. 52-17, appointing a representative to the Fire Advisory Committee as prescribed in the San Diego County Mutual Aid Agreement for Fire Departments, July 15, 1969, was adopted.
10. AGENDA BILL #5214 - COMMITTEE ON SENIOR CITI- LZ81 ZENS AFFAIRS - ANNUAL SUMMARY OF ACTIVITIES REPORT Council accepted the Summary of Activities -Report from the Committee on Senior Citizens Affairs.
11. AGENDA BILL #5215 - REFUND OF OVERPAYMENTS. Council authorized the refund of overpayments as follows: $90.00 to Peter Oberosler for cancelled Catalina trip; $45.00 to Henrietta Hartlett for cancelled Catalina trip; $90.00. to Howard Cook for cancelled Catalina trip; $90.00 to Mrs. B. M. Christiansen for cancelled Catalina trip;.j15.00 to Gabrielle Pavelko for cancelled exercise class; $15.00 to Charlotte R. Sackle for cancelled exer- cise class; $15.00 to Jo Ann Harton for cancelled exercise class; $25.00 to Paul Hopkins for refund on softball deposit; $25.00 to Rebecca L. Premo for refund on winter league; $15.00 to Maydelle Schumacker for cancelled tennis class; $30.00 to Lynne and Eric Froberg for cancelled tennis class; $20.00 to Eula Lee Campbell for cancelled golf class; $30.00 to Aztec Awning Co. for overpayment on permits and $90.00 to Winifred L. Prewitt for cancelled Catalina trip.
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October 4, 1977
I Compensation Plan for certain Management Personnel for Fiscal Year 1977-78, was adopted.
551 [551 13. AGENDA BILL #5217 - DESIGNATION OF ENFORCEMENT AGENCIES Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT OF
- 1976. Resolution No. 5219, desig,nating Solid Waste Enforcement 'Aqe'ncies, was adopted. .. .
I ITEMS REMOVED FROM CONSENT CALENDAR:
931 I 3. AGENDA BILL #3780 - Supplement #3 - OCEAN STREE
1043.
[931 SEWER - EDA PROJECT NO. 07-51-23001-CONTRACT NO.
Councilman Skotnicki stated that previous discussio of the matter had resulted in requesting staff to pursue the possibility of obtaining a grant to con- struct the sewer, and if it was not possible to -obtain a grant, then consideration should be given to forming an Assessment District or Benefit Area. He continued by expr@s.sing the feeling that though apparantly a grant would be received for the pro- ject, consideration should still be given to form- ing a Benefit Area. He questioned the fairness to other areas of the City and expressed concern that as a result the City would be expected to fund repleacement of other sewer lines in the City when they reach capacity.
' Mayor Frazee expressed the feeling that in some form or another all improvements benefit some areas more than others.
The.following Resolution was adopted:
RESOLUTION NO. 5213, APPROVING PLANS AND SPECIFICA- TIONS AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR THE CONSTRUCTION OF A SANITARY SEWER IN OCEAN STREET - CONTRACT NO. 1043.
301 8. - AGENDA BILL #5212 - AUTO LEASING-BUILDING DEPT.
This item was removed from -the Agenda.
'ORDINANCES FOR ADOPTION: I By minute motion, the reading of the text of all Ordinances before the Council at this meeting was
0 " waived. a4 . AGENDA BILL #5196 - SPEED ZONE - LA COSTA
:lo21 [1o2 VEN.UE.
0 " waived. a4 . AGENDA BILL #5196 - SPEED ZONE - LA COSTA
:lo21 [1o2 VEN.UE.
The following Ordinance was adopted:
ORDINANCE NO. 3107, AMENDING TITLE IO, CHAPTER 10.44 OF THE CAmBAD MUNICIPAL CODE BY THE ADDITI( OF SECTION 10.44.070 TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON A PORTION OF LA COSTA AVENUE. I 15. AGENDA BILL #5205 - MUNICIPAL CODE AMENDMENT *
1881 Cs8'HEALT~ PERMIT FEES. I The following Ordinance was adopted:
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October 4- 1977
I[88l 15- AGENDA BILL #5205 - Continued.
ORDINANCE NO. 6056, AMENDING TITLE 6, CHAPTER 6.02 SECTION 6.02.01’0 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECT.ION (C) TO PROVIDE FOR THE YEAR-ROUND RENEWAL OF PUBLIC HEALTH PERMITS.
ORDINANCES FOR INTRODUCTION:
I- ~531 16. AGENDA BILL #5207 - CABLE TELEVISION FRAN- CHISING.
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Following a brief report by the City Manager, the
following Ordinance was introduced for a first reading:
- ORDINANCE NO. 6057, AMENDING TITLE 5, CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 5.28.010, 5.28.030, 5.28.040, 5.28.050, 5.28.140 AND 5.28.210 TO REVISE THE REGULATIONS
TEMS IN THE CITY OF CARLSBAD. REGARDING THE FRANCHISING OF CABLE TELEVISION SYS-
PUBLIC HEARINGS:
17. AGENDA BILL #5207 - Supplement #1 - GRANTING ‘531 OF CABLE TELEVISION FRANCHISES.
Mr. Jerry Pieti gave the staff report referencing the proposed documents which would establish maxi- mum‘ rates for Daniels Properties, establish maxi- mum rates for La Costa Community Antenna Systems, Inc., prescribe a method of collecting franchise fees and grant the franchise to Daniels Properties and La Costa Community Anetnna System, Inc.
With the aid of transparencies,. he referenc.ed por- tions of the proposed documents showing the maxi- mum rates, fee payment schedule,> service areas for both franchisees, listing of the service areas, construction schedule, line extension policy and channel and FM carriage.
Mr. Pieti concluded his report by expressing appre ciation to the representatives of’ Danie1.s Proper- ties and La Costa Cornmunit-y ,Antenna Systems, Inc, for their assistance and cooperation.
Mayor Frazee declared the public hearing open and asked if anyone wished to be heard on the matter.
Mr. Fred Morey, General Manager of La Costa Com- munity Antenna System, Inc. addressed Counci.1 in-
di cating he had no report but would be happy to respond to any questions Council may have. He responded to questions concerning the rates cur- rently charged by La Costa.
Mr. Bill Daniels, Principal Stockholder of Daniels Properties, addressed -Council. He gave a b.rief history of the company and responde-d to Council questions regarding other areas and towns they currently service.
Mr. Rick Schultz, 7976 Los Pinos Circle, Carlsbad, addressed Council. He presented a letter to Coun- cil signed by approximately eighty (80). families in the Ponderosa area urging Council to grant the franchise in order that they may receive cable television service as soon as possible.
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The following Resolutions were adopted:
RESOLUTION NO. 5220, FIXING
CITY OF CARLSBAD TO BE SERVED BY DANIELS PROPERTIE
INC. PURSUANT TO SECTION 5.28.170 OF THE CARLSBAD
MUNICIPAL CODE.
- RESOLUTION NO. 5221, FIXING RAT CABLE TELEVISION SERVICE IN THAT PORTION OF THE
CITY OF CARLSBAD TO BE SERVED BY LA COSTA COMMUNIT ANTENNA SYSTEM, INC. PURSUANT TO SECTION 5.28.170 OF THE CARLSBAD MUNICIPAL CODE.
CABLE TELEVISION SERVICE IN.
RESOLUTION NO. 5222; FIXING THE M‘ANNER AND TIME FOR THE PAYMENT OF CABLE TELEVI
IN THE CITY OF CARLSBAD PURSUANT TO SECTION
5.28.040 OF THE CARLSBAD MUNICIPAL CODE.
The following Ordinance was introduced for a first
reading:
ORDINANCE NO. 6058, GRANTING A FRANCHISE FOR A
CABLE TELEVISION SYSTEM TO DAN1
AND LA COSTA COMMUNITY ANTENNA SYSTEM, INC.
Councilwoman Casler commended Mr. Jerry Pieti for his work and progress re cable television.
HOUSING AUTHORITY:
Council adjourned to the Housing Authority at 8:04 P.M. and reconvened at 8:07 P.M. with all
Council members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Planning
18. AGENDA BILL #5193 - Supplement #1 AND AGENDA
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c572 BILL $5194 .- Supplement #1 - GENERAL PLAN AMEND-
MENT (GPA-48) AND (GPA-49) - WILLIAM F. BURNETT AND CITY OF CARLSBAD.
The following Resolutions were adopted:
RESOLUTION NO. 5223, AMENDING
OF THE GENERAL PLAN TO CHANGE NATION FROM TS (TRAVEL SERVICE
(PROFESSIONAL AND RELATED co
(NEIGHBORHOOD COMMERCIAL) ON LOCATED ON THE EAST SIDE OF EL CAMINO REAL, SOUTH
OF LA COSTA BOULEVARD.
- RESOLUTION NO. 5224, AMENDING
OF THE GENERAL PLAN TO CHANGE
FACILITIES) ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF EL CAMINO REAL BETWEEN SUNNY CREEK
ROAD AND PALOMAR AIRPORT ROAD;
NATION FROM 0-S (OPEN SPACE) TO G (GOVERNMENTAL
[113] 19. AGENDA BILL #3528 - Supplement #7 - AGUA
HEDIONDA SPECIFIC PLAN.
The Planning Director gave the staff report out- lining a brief history of the project and current status. In response to Council question, he state
this was the same Specific Plan Council previously
tentatively approved.
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AGENDA BILL #3528 - Supplement #1 - Cont'd.
The following Resolutions was adopted:
COASTAL COMMISSION.
1321 20. AGENDA BILL #5218 - COASTAL COMMISSION CATE- GORICK EXCLUSIONS FROM PERMIT PROCESS - SINGLE FAMILY RESIDENCES IN CERTAIN AREAS. -
The Planning Director gave the staff report with a brief explanation 'of the request of the Coastal Commission. He referenced a wall exhibit of a map which indicated the areas which would be ex- cluded from the permit requirements of the Coastal Commi ssi on.
After brief discussion in which Council expressed their agreement, the following Resolution was
27. AGENDA BILL #5219 - REQUEST FOR AMENDMENT TO [931 INTERIM SEWER MORATORIUM REGULATIONS - JAMES C.
Councilman Packard stated that due to his associa- tion with the applicant, he would abstain on this
The Planning Director gave the staff report. He stated the applicant previously had a Conditional Use Pe-rmit, which expired, and upon attempting to reapply, was not able to due to the moratorium. Therefore the current moratorium prohibits the processing of applications for privately owned community facilities. He emphasized that the requested amendment would not insure sewer capacit to the project, but would enable staff to process the applications. Then at such time as a Sewer Allocation System is adopted, the-applicant could apply for sewer capacity.
Council recognized James C. Pope, 3410 Donna Drive Carlsbad, who introduced Mr. Bill Lewis of Del Mar the architect. He stated they would be happy to respond to any questions Council may have.
from the City Attorney as follows:
1. The Planning Moratorium imposed by Ordinance No. 7048, as amended by Ordinance No. 7049, and as extended by Ordinance No. 7050, shall be lifted to permit .the acceptance and processing of applica- tions for discretionary approvals for privately owned community facil ities, such as churches, schools and hospitals, if the City Council, in its sole discretion, determines that the project is necessary and in the public interest.
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- AGENDA BILL #5219 - Continued.
2. The City Council hereby authorizes the accep- tance and processing of an. application for a Conditional' Us.e Permit froy James C. Pope, on behalf of the Church of Jesus Christ of Latter Day Saints, for a church facility which the City Council determines to be n.ecessary in the public interest.
' 3. The City Attorney is directed to return with an Ordinance to amend the Moratorium Ordinance !tc add an exception for certain privately owned community facilities.
" RECESS: Mayor Frazee called a recess at 8:36 P.1 and Council reconvened at 8:53 P.M. with all Council members present.
. The City Clerk introduced Karen Stevens to Counc indicating she was a new employee in the Clerk's Department.
- Pub1 ic Works
22. AGENDA BILL #5220 - REQUEST TO DELETE WHEEL CHAIR-REQUIREMENT - w. B. WALSHE. [301
The Public Works Administrator gave the staff report on the matter. He stated a building perm had been issued to the applicant on which a con- dition had been placed requiring construction of a wheelchair ramp. He continued stating the Sta Law requires wheelchair ramps in new subdivision
' but no provisions exist for completed subdivisio Further, the City Ordinance does not directly . address. the problem; therefore staff requested a clarification of the eolicy to be followed. -
Following brief discussion, by minute motion,
' Council established the following policy guide: That in existing R-1 zones.where curbs and gutte exist, wheelchair ramps will not be required. .
- City Manager
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23. AGENDA BILL #5183 - REQUEST TO AMEND SEWER
c931. . MORATORIUM ORDINANCE - KAMAR CONSTRUCT'ION COMPAN JERRY ROMBOTIS. -
The City Manager gave a brief report on the matt
Council recognized- Mr. Nick Banche, 3464 Ridge- crest Drive, Carlsbad, Attorney representing the applicant. Mr. Banche outlined for Council the reasons this project should be considered unique and excepted from the sewer moratorium. Among those were: $61,000.00 currently expended for public improvements, $65,000.00 additional ex- penditure required for public improvements prior to winter rains, already recorded final map, already recorded construction loan, and a porti.0 of the public improvements will help solve a siltation problem in the Agua Hedionda Lagoon. He concluded his report by requesting Council to consider the request favorably.
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October 4, 1977
AGENDA BILL #5183 - Continued.
Council discussion related to possibly less deser\ ing projects which had been. granted exception and expressed the d.esire to except this project from the moratorium.
The City Attorney advised Council that if in fact they did except this project from the moratorium, other projects which could also meet the same requirements, would have to excepted.
Following further discussion, Council instructed the City Attorney to prepare the necessary docu- ments granting an exception to the sewer moratoril Ordinance.
24. A'GENDA BILL #4025 - Supplement #2 - REQUEST
STARR. :113] - TO ADDRESS COUNCIL - SPECIFIC PLAN 20A - NORMAN
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The City Manager gave a brief staff report.
Council recognized Mr. Norman Starr, 824. Jamaica Court, San Diego. Mr. Starr referenced a wall map showing his project and the location of a masonry wall between th'e project and the school , which he is currently required to construct. He stated the project would house families with children, and felt the wall would be unnecessary in that the noise factor would be the same in the project as in the school yard. He concluded by stating he felt the wall did not need to be built
Council expressed the feeling that the wall would aid in keeping school yard noise from the project as well as providing a deterrent to possible vandal ism.
Staff -indicated Mr. Starr had applied for an amendment to his Specific Plan since the time of his original request to address Council. There- fore the matter may be before Council for a publi hearing in the future.
Council ordered the matter filed.
25. AGENDA BILL #3566 - Supplement #2 - BINGO [313 ORDINANCE AMENDMENTS.
After a brief report by the City Attorney, Counci introduced the following Ordinance for a first reading:
ORDINANCE NO. 1204, AMENDING TITLE 5, CHAPTER 5.1
OF THE CARLSBAD MUNICIPAL CODE BY THE AMESJ"DMENT 0 SECTIONS 5.10.020(4), 5.10.060 AND 5.10.090(a) AND (f) TO REVISE CERTAIN REGULATIONS REGARDING THE CONDUCT OF BINGO GAMES AS.REQUIRED BY STATE LAW.
26. AGENDA BILL #5221 - SECOND ANNUAL FLEA MARKE
[861 -
The City Manager gave the staff report referring to a letter from the Chamber of Commerce dated September 20, 1977, in which they request certain streets be closed and assistance from City staff.
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Motion Ayes xx
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- AGENDA BILL #5221 - Continued.
The City Manager further indicated the Chamber was requesting" the parking. lines be used to estab1is.h stalls in the st-reets on which perma- nent numbers would be painted. .
In response to Council questions; Mr. Don Brown, Executive Vice President 'of the Chamber of
; Commerce, stated the Flea Market last year was a success, there were no complaints of vandalism, and the request for use of the streets was a re- sult of comments and co-mplaints about the booths blocking the doorways of stores due to the heav.y amount of pedestrian traffic.
Council discussed the possibility of 1.imiting it to Car,lsbad residents and individuals. It was noted that each person or company purchasing a booth should be required to comply with the City' Business License Ordinance, and those businesses not allowed by Ordinance should not be allowed at the Flea Market.
Council agreed that City involvement should be limited to that required to protect the public peace, safety and welfare. Further Council agreed it would be desirable to have the spaces in the street marked temporarily rather than permanent markings.
Council instructed the City Manager to cooperate in making the necessary arrangements. I
27. AGENDA BILL #5222 - REQUEST FOR REFUND OF
[50] PAYMENTS MADE FOR WATER SERVED. - MR. JORDAN AN-D
- MR. CIVALLERI.
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The City Manager gave the staff report stating notices for delinquent water bills are sent to the resident, not the property owners. He fur- ther indicated wherein theswater possibly should have been shut off, it was not due to the change over to the computer system. Therefore, the property owners were required to pay the past- due charges of the- tenan-ts. in order to establish service to the new tenant.
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Following brief discussion, Council granted the request for refund of payments in the amount of $53.01 for water served to 3832 Garfield.
28. AGENDA BILL #5155 - APPOINTMENT TO CARLSBAD LZ81 HOUSING COMMIS.SION.
The following Resolutions were adopted by one motion:
- RESOLUTION NO. 5171 , APPOINTING A MEMBER TO THE CITY OF CARLSBAD HOUSING COMMISSION, that member being Dillard E. Littlefield.
RESOLUTION NO. 5172, APPOINTING A MEMBER TO THE
CITY OF CARLSBAD HOUSING COMMISSION, that member being Kay Christensen.
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29. AGENDA BILL #5223 - APPOINTMENT TO PARK AND
[69] RECREATION. COMMISSION. I
Mayor Fraze.e stated the matter would be.cont5nued to the next regular meeting, and requested suggesti'ons and recommendations from Council.
- CITY COUNCIL ADDITIONAL BUSINESS:
; Councilman Packard referenced a report received regarding the problem of Recreational Vehicles
parking for long periods of time at the beaches. The City Manager stated the. problem had decreased but an additional employee would be required to patrol these areas.
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- CITY MANAGER ADDITIONAL BUSINESS: I
The Ci'ty Manager stated the Microbic Division of Beckman Instruments had extended.an invitation to Council to visit their facilities. They wished to convey their concern regarding the construction that may take place' in the area and the possible hazards or problems which may result in their inability to meet the Food and Drug Administration requirements. Council expressed their interest in visiting the facility. The - City Manager stated he would make the necessary arrangements and indicated the press was also welcome. to attend.
- EXECUTIVE SESSION:
I Mayor Frazee called an Executive Session at 10:40 P.M. for the purpose of dis'cussing litigation. Council reconvened at 11:19 P.M. with all Council members p-resent and the Mayor announced litiga- tion had been discussed.*
It was moved that the City Council of the City of Carlsbad, California, authorize the retention [411 of Lynn R. McDougal of the 'firm Linley, McDougal Meloche & Murphy as special counsel for the City in the case of Grove Apartments versus the City of Carlsbad and the Vista Sanitation District. ..
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. .ADJOURNMENT: -
By proper motion, the meeting was adjourned at 11:20 P.M. to Tuesday, October 11, 1977, at 7:OO P.M. in the Council Chambers.
Respectfully submitted,
Ffl&
E. ADAMS, tity Clerk nkranz, Recording Secretary
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