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Home My WebLink About1977-10-18; City Council; Minutes1 ..~ 7 b 511 701 $51 I) 361 721 53 1 ITY OF Meeting of: CITY COUNCIL {Regular Meeting) Time of Meeting: 7:OO P.M. Date of Meeting: October 18, 1977 Place of Meeting: Council Chambers ROLL CALL: INVOCATION .was given by Co'uncilman Packard. PLEDGE OF ALLEGIANCE was given. . * I APPROVAL OF MINUTES: (Ap.proved by one motion) a d 1 ir ; Minutes of the regular meeting he.ld October 4, 1 1977, were approved as presented. Minutes of the adjourned regular meeting held October 11, 1977, were approved as presented. I PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Author.ization was given the payment of bills for the General Expenses of the City.: City Operation $242,186.20; Water Department $52,072.86; Net Payroll Transfer $98,127.73; for a total of $392,386.79, as certified by th@.Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll in the'amount of $156,505.50 for the period September 19, ,1977, through October 2, 1977, as - certified by the Finance Director and approved by the Auditing Committee. CONSENT CALENDAR: 1 c511 L701 1451 E::] [531 tl I Councilman Skotnicki requested that Item No. 2 be removed from the Consent. Calendar. The fol- lowing items, with the exception of Item No. 2, were approved by one motion affirming the action on the Consent Calendar. 0 1. AGENDA BI,LL #5224 - SPECIFICATIONS FOR FAST ATTACK PUMPER. Resolution No. 5229, approving specifications and authorizing Purchasing Agent to invite bids for a Fast Attack Pumper, was adopted. 4. AGENDA BILL #5226 - STOP CONTROL ON CAROL PLACE AND NO PARKING ON JEFFERSON STREET. Resoluti.on No: 5232, designating stop control on Carol Place at its intersection with Jefferson Street; and Resolution No. 5233, designating a parking restriction on Jefferson Street at Carol ! Place, were adopted. Resolution No. 5234, approving the agreement be- tween Daniels Properties, Inc. and La Costa Community Antenna Systems, Inc., providing a m$~,!Cgt$$g! .. ~- .." , -. - ._."" " . .. .". ". . , -. . . - - .- . . . . . . .. .. ,I - '6 I B ill jO] 51 ] Q T CITY ' OF CARLSBAD cXuNCllMEfl -2- method of delivering Cable Television Service to both the Seaport and Spinnaker Hills Develop-. ments, was adopted. .\ 6. AGENDA BILpC #5227 - STOP CONTROL ON KELLY Cg61 DRIVE AT PARK DRIVE. Resolution No. 5235, designating stop control on Kelly Drive at its intersection with Park Drive, was adopted. 7. AGENDA BILL #5170 - Supplement #1 - AUTHOR- r81] IZING EXECUTION OF DOCUMENTS RELATIVE TO ACQUISI- TION OF PROPERTY 'AT NORTHWEST CORNER OF STATE AND GRAND. Resolution No. 5236, authorizing Mayor to execute all documents relative to, and acceptable to that property known as Assessor Parcel No. 203-294-02-03-04-05-06, was adopted. 8. - AGENDA BILL '#5228 - REFUND OF OVERPAYMENTS. Council authorized payment of refund requests for overpayment of charges made by the City as follows: $292.80 to Leonard N. Servetter for refund on building permits; $30.00 to Woodbury- Brehm for overcharge of building permit; $19.00 to Agnes E. Howland for cancelled Ensenada trip; $25.00 to Jackie Wallace for refund on softball deposit; $25.00 to Codin J. Walsch.for refund on softball deposit; $25.00 to Grace G. Anelo for - [sol $15.00 to Hazel L. O'Callaghan for cancelled ten nis class; $15.00 to Gloria D. Fotte 'for cancel1 tennis class; $15.00 to Joyce Dobbs for cancelle tennis class; $15.00 to Joseph Pashley for can- celled tennis class; $25.00 to Mark Edward Watso for d.uplicate payment for ambulance charge; $15. to Rosella M. Norton for cancelled painting clas $15.00 to Nanci Holguin for cancelled painting 'class; $15.00 to Marsha L. Sharde for cancelled tennis class; $84.00 to Alex Reed for duplicate grading plan fee; $25:00 to Mike McGrath for re- fund on softball deposit. " ITEMS REMOVED FROM CONSENT CALENDAR: 2. AGENDA BILL #5225 - SPECIFICATIONS FOR [" 1 AMBULANCE. Councilman Skotnicki stated that he did not unde stand the reason for the purchase of a second ambulance since the City had just recently pur- chased an ambulance. He then quoted the portion of the minutes dated January 20, 1976 and Februa 3, 1976 which referred to the purchase of an am- bulance and its adaptability for use by Para- medics. He also quoted a memo from the Fire which stated the ambulance could be converted to a full paramedic unit. Councilman Skotnicki questioned whether in fact that ambulance had been converted for Paramedic use. Staff responded that it had; however, the equipment would be transferred into the new am- . I, CITY QF CA CxXJNCltMEi SPIclll D j31 5 31 31 I P 1131 -3- October 18, 1977 ."~ ~ - I bulance for Paramedic use and the original one would be returned for use as an ambulance, which would result in only one Paramedic unit. Councilman Skotnicki expressed the feeling that i was an unnecessary expenditure of public funds in that apparently the present ambulance is adequate for Paramedic use. Council discussed this matter briefly after which the following Resolution was adopted: RESOLUTION NO. 5230, APPROVING SPECIFICATIONS AND AUTHORIZING PURCHASING AGENT TO INVITE BIDS FOR I AN AMBULANCE. ORDINANCES FOR ADOPTION: By minute motion, the reading of the text of all Ordinances before the Council at khis meeting was waived. 9. AGENDA BILL #5207 - CABLE 'TELEVISION FMN- [531 CHI STNG. The following Ordinance was adopted: I ORDINANCE NO. 6057, AMENDING TITLE 5, CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- I MENT OF SECTIONS 5.28.010, 5.28.030, 5.28.040, 5.28.050, 5.28.140 AND 5.28.210 TO REVISE THE TELEVISION SYSTEMS IN THE CITY OF CARLSBAD. REGULATIONS REGARDING THE FRANCHISING. OF CABLE 10. AGENDA BILL #5207 - Supplement #1 - GRANTIN4 c531 OF CABLE TELEVISEON FRANCHISING. The following Ordinance was adopted: ORDINANCE NO. 6058, GRANTING A FRANCHISE FOR A CABLE TELEVISION SYSTEM TO DANIELS PROPERTIES, INC. AND LA COSTA COMMUNITY ANTENNA SYSTEMS, INC. 11. AGENDA BILL #3566 - Supplement #2 - BINGO c31] ORDINANCE AMENDMENTS. - The following Ordinance was adopted: - ORDINAN'CE NO. 1204, AMENDING TITLE 5, CHAPTER 5.10 OF THE CmAD MUNICIPAL CODE BY THE AMEND- I MENT OF SECTIONS 5.10.020 (4), 5.10.060 AND 5.10.090(a) AND (f) TO REVISE CERTAI'N REGULATION REGARDING THE CONDUCT OF BINGO GAMES AS REQUIRED BY STATE LAW. '1 PUBLIC HEARINGS: I [I131 12. AGENDA BILL #5229 - ZONE CHANGE - OS TO M - COUNTY OF SAN DIEGO - ZC-197. I The Planning Director gave the staff report with the aid of transparencies showing the location o the property and explained the proposed use for the area. 1 I, CITY OF CARLS5A -4- I D I) :431 October 18, 1977 He did recommend rezoning only the 21 acres to be used by the County for the 'Shredder Project, and not the entire parcel. He-also expressed the possi bil i ty. of either a IIQ" overlay or IIPM" zonin for the property. Council discussed rezoning only the 21 acre parce' rather than the entire 230 acres. Council ques- tioned if the matter would need to be returned to the Planning Commission if in fact the change for only the 21 acres was approved or if a zone designation other than I'M" was felt desirable by Council. Staff response indicated the matter would need to be returned to the Planning Commission only if Council felt a zone other than ''PI" would be desirable. The Mayor asked if anyone wilshed to be heard on the matter and declared the public hearing open. Mr. Clarence Kaafman, Department of Sanitation and Flood Control , County of San Diego, repre- senting the applicant, addressed the Council. Mr Kaufman stated that the County maintains that the Manufacturing Zone is appropriate and has no ob- jections to rezoning only the 21 acres in that the County has no intent to improve or develop tHe remainder of the parcel. He concluded by requesting Council approval of the "~l4"~ designatio for the property. Mr. Jack Kubota, P.O. Box 1095, C.arlsbad, Calif- ornia, representing the Carlsbad Municipal Water District, addressed Council. Mr. Kubota indicate that it was the understanding of the Carlsbad Municipal Water District that the area, to the north Of the traSh compacting center, which is a Part of the rezoning, would become the City's corporation yard, and that it was on the basis of this information that they approved the water Plans. He also indicated that this understandi,ng would be involved in the matter of the CUP pro- . ceed.ings as well. Since no One else wish'ed to be heard, the public hearing was closed at 7:27 P.M. Council discussed to what extent the City would have control over development on the property in relation to the 'IM" and "PM" zones as well as the possibility of applying a "Q" overlay to the zone approved. Following further discussion as to the zones and possible uses in each, Council instructed the :City Attorney to prepare the documents necessary approving ZC-197, modified to show only the 21 acres in the southwestern corner adjacent to the CMWD property as being rezoned "M". i 13. AGENDA BILL #5230 - APPEAL OF CASE NO. CUP- c431 140, COUNTY REFUSE SHREDDER - COUNTY OF SAN DIEGI WNCfLMEl 280 - ~ Moti I Ayes I I 1 i \1 essDl D b ITY OF RLSBAD c%NNC15"B -6- October 18, 1977 282 I During discussion, Council expressed concern in regards to the noise fac-tor, possible problems with rodents and pests, polution problems, the possibility of an odor from the facility, possible interference with the Solar Wind Antenna System, an.d. future visual and traffic problems for sur- rounding areas. Council also asked to hear from the County repre- sentative again to comment on the possible inter- ference with the Solar Wind Antenna System. Mr. Ernie Shepherd, County of San Diego, gave a brief explanation of the Solar Wind Antenna System, and stated that any problems that do occur will be mitigated. Staff indicated that one important aspect of this project was the fact that the County could .legally move ahead on this matter without the Council Is approval, but had chosen to follow the City's normal development procedures in this matter and work cooperatively with the City. Council discussed the conditions referenced during the public hearing and reached a concensus as follows: Condition #3 - Shall read "at the boundary of'' ihstead of "within the public area of the site or anywhere off" as requested by the, County of San Di ego. .. . Condition #4 - Shall read "the City Council shall review" instead of "the Planning Commission shall ' review". The County. of San Diego had requested th change from "Planning Commission11 to "Planning Director''. Con.dition #6 - Delete "to the s.atisfaction of the Univ.ersity" as per request of the County of San Diego. Condition #23 - Shall read "vermin, insects, and pests'' instead of IIvermin", as per request of .. Beckman Instruments. Condition #26 - Shall' read "dust,. odor, litter, vermin, insects, pests, and noise" instead of "dust, odor, litter, vermin and noise", as per request of Beckman Instruments. Condition #27 - Insert "After initial construction modification to the buildings, as per request of the County of San Diego. Council granted the appeal and directed the Lity Attorney to prepare the necessary documents ap- .. proving CUP-140, amending Conditions #3, #6, #23, #26, and #27 as discussed by Council, and adding the condition taking measures to reduce visibility to the.west of the site. Motion Ayes Noes EXECUTIVE SESSION: Mayor Frazee called an Executive Session at 9:lO P.M. for the purpose of discussing litigation. CITY -OF CARLSBAD cxwNCI&M%i PI- 181 * B* 131 !8] i. b j8] 91 -7- October 18, 1977 Council r.eco.nvened at 9:28 P.M. with four member present, and 'the Mayor announced that 1 itigation had been discussed. [28] CARLSBAD REDEVELOPMENT AGENCY: Council adjourned to the Carl'sbad Redevelopment *Agency at 9:31 P.M. and reconvened at .9:34 P.M. with four members present. DEPARTMENTAL AND CITY - MANAGER REPORTS: P1 anning [g3] 14. AGENDA BILL #5219 - Supplement #1 - REQUEST TO INTERIM SEWER MORATORIUM REGULATIONS - JAMES C. POPE. The following Ordinance was introduced and given a first reading: ORDINANCE NO. 7051, AMENDING ORDINANCE NO. 7048, AS EXTENDED BY ORDINANCE NO. 7050, TO PROVIDE FO NITY FACILITIES FROM THE PLANNING MORATORIUM. AN EXCEPTION FOR CERTAIN PRIVATELY OWNED COMMU" 15. AGENDA BILL #5130 - Supplement #2 - APPOINT- LZ8] MENT OF INTERIM VILLAGE AREA ADVISORY COMMITTEE. Staff report was given by Mr. Jack Henthorn, Re- development Coordinator requesting that Council make the appoin:tments to the Interim Committee as soon as possible. He referred to a memo from his office to the City Manager containing a list of possible appointees and the, suggested makeup of the Committee: During discussion, Council commented that many o ' the City's organizations were not represented on the list, and indi-cated that some effort should be made to contact these organizations regarding their submission of possible candidates for . appointment. The.rnatter was continued to allow staff to conta the Downtown Business Association, the Chamber of Commerce, the Mexican-American Association for possible nominees to the committee. Pub1 ic Works 16. AGENDA BILL #5060 - Supplement #1 - MODIFIEC [68] SERIES IV POPULATION SERIES FOR CITY. The Public Works Director gave the staff report on the Series IV Forecasts, indicating ag.reement with the Comprehensive Planning Organization on major issues with the exception of future house- hold sizes which determine actual population. He explained that the conflict in figures re- sulted from the forecasts for the La Costa area and whether to consider it a full-time residen- tial community or a part-time residential area of 2nd or 3rd homes. II S f c 1 \ 283 - Motion Ayes Abs ta i t \ q % ,. .- . " ~ - "." .. .. _.." .= "" - - . .- _.__ ", . . . . . - - ._ . - . - .. . CITY OF RLSBAD CQedNCOCME 111116.11 D 79 1 b 331 I i -8- October 18, 1977 284 RESOLUTION N0.-,5237, APPROVING MODIFIED SERIES IV 17. AGENDA BILL #5231 - APPLICATION OF COUNCIL [79] POLICY NO. 17 (PUBLIC FACILITY LETTERS) TO MINOR SUBDIVISIONS. I Staff report was given by the Public Works Direc- tor on the problem of processing minor subdivisiol applications for areas in which the School Distric do not provide school availability letters. He indicated that, i.f Council concurs, the applicatic process will be as follows: staff analysis will be made and the City Engineer will then make the determination of the availability of schools con- sistent with Council Policy No. 17. The Public Works Director also indicated that the application'in question concerns "duplex to condo minium conversions" that are in the La Costa area and within the San Marcos Unified School District . which will not provide availability-letters and has no policy on school fees. He added that staf has determined that the conversion of a duplex umit on an R-2 lot to a 2-unit condomin'ium projec won't have significant effect on the student pop ulation of the schools. : ts cn - ¶ f t - Council expressed concern over the condominium conversion problem in regards to school fees, public improvements and the possibility of adopti g a public improvement ordinance to remedy the problem. .1 On the matter of school fees, the City Attorney stated that according to State Law and recent judicial decisions, condominiums and condominium conversions are liable for the expense. City Attorney was then requested to make a future re- port to Council on new legislation on school fees [931 Following discussion, the Council concurred with the City Engineer, and adopted the motion stating that the Public Facilities Element, including Schools, should be administered by the;. City Engineer for minor subdivisions. City Manager 18. AGENDA BILL #5183 - Supplement #1 - REQUEST TO AMEND SEWER MORATORIUM ORDINANCE - KAMAR CON- - STRUCTION COM.PANY - JERRY ROMBOTIS. The City Attorney indicated that due to his dis- cussion with'the City's Special Counsel in the matter of the Grove Apartments, he requested the matter b.e continued until Octpber 25, 1977. Motior Ayes Following discussion by Council as to various Notio other projects in the City that might qualify as Ayes "unique" and therefore be exempted from the sewer moratorium, the motion was adopted to continue the matter for one week. ,% . ' CITY OF CARLSBAD COUNCltMEE .. II 341 B 1 051 81 I B ~- . -9- October 18, 1977 ~8~1 19. AGENDA BILL,'#4028 - Supplement #1 - RULES AND1 - REGULATIONS FOR PURCHASING. Mrs. Ruth Fletcher, Purchasing Agent, addressed the Council. She referenced a memo from herself to the City Manager, dated. October 3, 1977, con- taining a summary of Resolution No. 1341, Rules and Regulations for Purchasing in the City of Carlsbad. In it she suggested that the Purchasi -Ordinance be amended to include the bonding re- quirement for the purchasing officer. I The following Ordinance was introduced for a first reading: ORDINANCE NO. 1205, AMENDING TITLE 3, CH.APTER 3.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 3.28.040 TO REQUIRE A .SURETY BOND FOR THE PURCHASING OFFICER. The following Resolution was adopted: RESOLUTION NO. 5238, RESCINDING RESOLUTION NO. 1341, WHICH SET FORTH RULES AND REGULATIONS FOR PURCHASING IN THE CITY OF CARLSBAD. [lo51 20. AGENDA BILL #3542 - Supplement #5 - PARTICI- PATION IN FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. The City Manager gave the staff report indicatin that the County is beginning its fourth year application process, and if the Council wishes to participate in the program, it should adopt Resolution No. 5239. C The following Resolution was adopted: I - RESOLUTION NO. 5239, APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE . COUNTY OF SAN DIEGO FOR PARTICIPATION IN THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT .. 21. AGENDA BILL #5170 - Supplement #2 - PURCHASE GRAND PROPERTY. [*'.' - OF MASTER LEASE AND IMPROVEMENTS - STATE AND The City Manager introduced Mr. Jack Henthorn, Redevelopment Coor-dinactor, to give staff report. He referenced a memo from himself to the City Manager, dated October 12, 1977, containing the results of his investigation into the possi- bility of purchasing the master lease on the property at the corner of State and Grand and the recommendation to acquire. the master lease and improvements at a total cost of $4,90.0.00. Following discussion by Council on the piossible effects and cost to the City if the property should be sub-leased, the following Resolution was adopted: RESOLUTION NO. 5240, AUTHORIZING THE PURCHASE OF MASTER LEASE AND IMPROVEMENTS, STATE AND GRAND. I Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes x Motion XXI Ayes X 7 - '01 D i9] b COTY F CAWLSBA -10- October 18, 1977 '6 ~~ .I 22. AGENDA BILL #910 - Supp.lement #11 - COMMUNITY Pol SWIMMING POOL - LAND GRANT DEED ACCEPTANCE. The City Manager requested this matter be con-' tinued for two weeks due to an error inxthe agreement. Motion was adopted to continue the matter for two weeks. 23. AGENDA BILL #5223 - APPOINTMENT TO PARKS AND c691 RECREATION COMMISSION. The Mayor announced his intention to appoint Laurie Nelson Boone to the Parks and Recreation Commission, and stated that a vote would be taken at the next regular meeting. CITY COUNCIL ADDITIONAL BUSINESS: Councilman Skot,nicki referenced a letter that had been received from Supervisor Taylor regarding a Multi-Modal Transportation Center, and was ad- vised that no action had been taken on the matter He also mentioned a Cultural Arts Institute to be held November 4 .& 5, in Costa Mesa, sponsored by the League of California Cities Conferences, and inquired if a member of the Council should attend. It was d-ecided that Councilman Skotnicki would attend and report the events to Council. Councilman Lewis requested that the matter of developing the Japatul Land be brought up at some future workshop meeting, with a possible report from the developer. CITY MANAGER ADDITIONAL BUSINESS: The City Manager stated that the pool architects will have the conceptual plans .for the pool about Navember 7, 1977. As it had been agreed that the School District would see and approve the plans, it was suggested that the Parks and Recreation Commission and the Pool Commjttee have a joint meeting for the purpose of reviewing the pool plans, and then make a combined recommendation to Council and the School District. The City Manager indicated that the tour of Carlsbad parks and open spaces for the members of the Parks and Recreation Commission, Planning Commission and City Council has been tentatively scheduled for November 5, 1977 by the Parks and Recreation Commission. \ " ADJOURNMENT: By proper motion, the meeting was adjourned at 11:Ol P.M. to Tuesday, October 25, 1977, at 7:OO P.M., in the Council Chambers. , rnNC;FLME 286 - Motio Ayes - CITY F CARLSBA W&{C[LF+fE -11- Respectfully submitted, f