HomeMy WebLinkAbout1977-11-01; City Council; Minutes-1 ' .
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Meeting of: 'CITY COUNCIL (Regular Meeting)
Time of Meeting: 7:OO P.M.
Date of Meeting: November 1, 1977
Place of Meeting: Council Chambers -
ROLL CALL:
Council observed a mament of silence in memory of
Max Palkowski, the City's first Police Chief.
INVOCATION was given by Councilman Paciard.
PLEDGE OF ALLEGIANCE was given.
PRESENTATION OF CERTIFICATES:
Mayor Frazee presented certificates of apprecia-
San Diego Ecology Center for their assistance in r421 tion to Mr. Bob Neely and Chet Backus from the
.the Pilot Water Conservation Program.
APPROVAL OF MINUTES: (Approved by one motion)
Minutes of the regular meeting held October 18, 1977, were approved as presented.
Minutes of the adjourned regular meeting held
October 25, 1977, were approved as corrected.
PAYMENT OF BILLS AND RATIFICATION OF P.AYROLL:
Authorization was given the payment of bills for the General Expenses of the City: City Opera-
tions $363,242.80;.Water Department $10,795.22;
Investments $1,375,000.00; Net Payroll Transfer
$?02,105.07; for a total of $1,851 ,143.09, as
certified by the Director of Finance and approved by the Auditing Committee.
Ratification was given the paymen,t of' the Payroll in the amount of $160,976.24 for the period October 3, 1977, through October 16, 1977, as certified by the Finance Director and approved by the Auditing Committee.
CONSENT CALENDAR: -
Councilman Packard requested Item No. 2 and No. 6
be removed from the Consent Calendar. Councilman
Skotnicki requested Item Nos. 4, 5 and 11 be
removed from the Consent Calendar. The following
items, with the exception of Item Nos. 2, 4, 5,
6, and 11, were approved by one moti'on affirming
the action on the Consent Calendar.
~701 1. AGENDA BILL #5192 - Supplement #1 - CHASE --
[45] - LITTLE LEAGUE FIELD LIGHTING - CONTRACT NO. 1042. Resolution No. 5241, accepting bids and authoriz-
ing the execution of Contract No. 1042 for in- I stallation of lighting at Chase Litt'le League Field, was adopted.
~991 3. AGENDA BILL #22O7 - Supplement #7 - NEW BOND
AND AGREEMENT SUBSTITUTION - PALOMAR AIRPORT
BUSINESS PARK - (CABOT, CABOT AND FORBES).
Council accepted the new bonds and agreement and
authorized the Clerk to release existing bonds
and agreement for Carlsbad Tract 73-49, Unit #2.
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CONSENT CALENDAR (Cont'd.)
r 1977-78 Planning
10. AGENDA BILL #910 - Supplement #11 - COMMUNITY
Council authorized the insertion of the appraised
figure of $200,000. in the pool agreement and
authorized the Mayor to' initial the insertion.
Council authorized the insertion of the date of
October 5, 1977 as the beginning date for the 15
year agreement and authorized the Mayor to
initial the insertion.
Council authorized'the strike out of the words,
".effective date of the agreement and the" from
L-ine 2, Page 18; .and the addition of the words
"and October 5, 1992" to the end of Line 3, Page
18¶ and authorized the Mayor to initial the
Council accepted the Grant Deed for the pool site
subject to the terms and conditions of the Community Pool Agreement.
ITEMS REMOVED FROM CONSENT CALENDAR:
2. AGENDA BILL #5230 - Supplement #1 - CONDI- [431 TIONAL USE PERMIT - cup-140 - COUNTY OF SAN DIEGO
Councilman Packard stated he had requested the
item removed in order that he may cast a No vote
in keeping with his previous action.
The following Resolution was adopted:
OF A SOLID WASTE SHREDDER AND TRANSF.ER STATION ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL
CAMINO REAL NORTH OF PALOMAR AIRPORT ROAD. APPLICANT: COUNTY OF SAN DIEGO
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Councilman Skotnicki stated he had requested the
item removed in order that he may registe-r his
objection. He questioned the need for an assis-
tant in the Audio-visual portion of the Library and a Departmental Administrative Assistant.
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The following Resolution was adopted:
RESOLUTION NO. 5243, AMENDING RESOLUTION NO. 5101 ESTABLISHING THE CLASSIFICATION AND SALARY RANGE SCHEDULE F0.R MISCELLANEOUS EMPLOYEES FOR FISCA'L YEAR 1977-78, WITH THE ADDITION OF THREk NEW
TITLES AND RELATED SALARY RANGES.
5. AGENDA BILL #5233 - COORDINATED PROGRAM OF C8~1 PROPCSED PUBLIC WORKS - GENERAL PLAN CONFORMITY.
.Councilman Skotnicki stated he requested the item removed in that it was an important item and should be discussed. He expressed the opinion that a number of the items were unfamiliar; yet would seem to have a significant impact on the City in the future. He suggested each Council member be furnished with additional information on the project list to enable discussion at a future meeting.
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Following further discussion, Council continued the item to the next regular meeting to enable all Council members to become familiar: with all the projects on the combined list of projects.
[93] 6. AGENDA BILL #5201 - Supplement #1 - ALLOCATIOI OF LEASED CAPACITY IN ENCINA WATER POLLUTION CONTROL FACILITY.
Councilman Packard stated he had requested the item removed in order that he may obtain clarifi- cation regarding the fee to be charged.
Following an explanation -by the Public Works Administrator, the Counci.1 adopted the staff re- port dated October 20, 1977.
[77] 11. AGENDA BILL #5238 - SELECTION OF EIR CONSUL- TANT FOR JAPATUL SPECIFIC PLAN (SP-180).
Councilman Skotnicki requested the item removed in order to cast a sym.bo1ic negative vote. He stated his objection was to the'method in which the project is being processed, in that he felt it would be desirable for the City to have devise its Local Coastal Act prior to processing this project. Further, he had been absent from the meeting at which this project was approved, and though he had furnished a written statement of his preferences, it had not been included in the" record.
The following Resolutions were adopted:
RESOLUTION NO. 5249, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND JAPATUL CORPORATIO FOR THE PROVISION AND COMPENSATION OF SERVICES TO PROVIDE AN ENVIRONMENTAL IMPACT REPORT ON JAPATUL BUSINESS CENTER SPECIFIC PLAN.
RESOLUTION NO. 5248, APPROVING AN AGREEMENT BE- '
FOR CONSULTING SERVICES TO PROVIDE AN ENVIRONMEN- TWEEN THE CITY OF CARLSBAD AND URBAN PROJECTS, IN
TAL IMPACT REPORT ON THE JAPATUL BUSINESS CENTER SPECIFIC PLAN.
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ORDINANCES FOR ADOPTION:
By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived.
[84] 12. AGENDA BILL #4028 - Supplement #1 - RULES AND REGULATIONS FOR PURCHASING.
The following Ordinance was given a second read- ing and adopted:
ORDINANCE NO. 1205, AMENDING TITLE 3, CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- MENT OF SECTION 3.28.040 TO REQUIRE A SURETY BOND
FOR THE PURCHASING OFFICER.
13. AGENDA BILL #3219 - Supplement #1 - AMENDMEN'
POPE.
Cg31 TO INTERIM SEWER MORATORIUM REGULATIONS - JAMES c
The following Ordinance was given a second read- ing and adopted,,:
ORDINANCE NO. 7051, AMENDING ORDINANCE NO. 7048, AS EXTENDED BY ORDINANCE NO. 7050, TO PROVIDE FOR AN EXCEPTION FOR CERTAIN PRIVATELY OWNED COMMUNIT FACILITIES FROM THE PLANNING MORATORIUM.
I P,UBLIC HEARINGS:
[lo71 14. AGENDA BILL #5237 - STREET VACATION - PORTIO
OF PUEBLO STREET (FORMERLY VELERO COURT) - CITY OF CARLSBAD.
I The Public Works Administrator gave the staff report on the matter.
The Mayor asked if anyone wished to be heard on the matter and declared the public hearing open. Since no one wished to be heard, the Mayor closed the public hearing at 7:41 P.M.
I The following Resolution was adopted:
RESOLUTION NO. 5247, VACATING A PORTION OF PUEBLO STREET (FORMERLY VELERO COURT) SUBJECT TO CERTAIN RESERVATIONS AND EXCEPTIONS. ' I Council authorized the Mayor to execute the Quit- claim Deed relative to said vacation. ! 15. AGENDA BILL #5239 - ZONE CODE AMENDMENT 21141 - (ZCA-93) - TO PERMIT ALCOHOLIC BEVERAGES BY CUP IN C-1 ZONE - CITY OF CARLSBAD.
The Planning Director gave the staff report in- dicating that on-site sale of alcohol allowance was one of the few differences between the C-2 and C-1 Zones. However allowing it via CUP would give the City a degree of control whereas in the C-2 Zone it is a right.
The Mayor asked if anyone wished to speak on the matter, and since no one wished to be heard, the public hearing was closed at 7:49 P.M.
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Following brief discussion, the City Attorney was directed to prepare the documents necessary approving ZCA-93, as per Planning Commission Resolution No. 1416.
16. AGENDA BILL #5240 - TENTATIVE SUBDAIVISION MAP - CARLSBAD TRACT 77-1 5 - KEN REYNOLDS. '1 I ['" I The City Manager distributed to Council a request for continuance to the next regular meeting from the applicant. In response to Council question, it was indicated the continuance was due to con- cerns expressed by the County Health Department re the availability of sewer. He continued stati if Council had specific concerns and wished to express same, staff could then address these con- cerns at the time of continuance.
Council expressed concern in the following areas and requested additional info on same: amount of work required by developer just to determine if septic tanks are allowable; suggested requirement that developer hook up to sewer lines within 30 days from date \ft is determined sewer service is available and who would pay for the hook up; further if septic tanks were allowed and then
failed they could hook up to sewer due to excep- tion in existing moratorium ordinance.
Also questioned was the possibility of developer contribution to t,he future major intersection of Cannon Road and El Camino Real. Council further requested information as to current standards relative to lot size requirements for.septic tanks, and a report from staff re. possible obliga tions this could place on future Councils.
I The Mayor declared the pub1 ic hearing open and asked if anyone wished to speak on the-matter.
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Mr. Michael E. Shook, 4941 El Camino Real, Carlsb addressed Council. He indicated he lived on the property just above and facing the proposed pro- ject and requested Council to look at the site of the proposed project if they had not done so. He expressed opposition to the project due to addi- tional traffic problem, maintaining rural atmos- phere, horses being allowed on small lots and resulting fly problem, and resulting effects on the environment and wildlife.
Mr. John Forde, 4978 Via Marta, Carlsbad, address ed Council. He expressed concerns relative to the effects on the Floodplain, septic tanks and the zoning for horses.
Council continued the public hearing to the next regul ar meeting. 7
[99] 391 17. AGENDA BILL #5241 - TENTATIVE SUBDIVISION
MAP - CARLSBAD TRACT 77-13 - HARRY FRIES.
The Planning Director gave the staff report with the aid of a transparency showing the location an a wall exhibit showing the design of the project. He noted that the project is currently under con- struction and meets the parking requirements for apartment houses but not for a PUD.
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The Mayor de-clared the pub1 ic hearing open and asked if anyone wished to be heard on the matter.
Mr. Robert Ladwig, Rick Engineering, Carlsbad, representing the applicant, addressed Cpuncil .' He expressed the feeling that the project meets the requi rements of City Ordinances and urged approval. In response to Council question, he stated the request for the conversion was a re- sult of the project changing owners.
Mr. Harry Fries, 34345 Via Fortuna, Capistrano Beach, then addressed Council. He responded to questions as to length of ownership, and when construction began on the project.
Since no one else wished to be heard, the Mayor
closed the public hearing at 8:36 P.M.
In response to Council questions, staff stated there are no differences in building requirements for apartments and condominiums. Counci-1 refer- enced the fact ,that the City currenty has no standards for condominium c.onversions,. and re- iterated the need for same.
Following further discussion, the City Attorney was directed to prepare the documents necessary approving CT 77-13,. as per staff report dated September 28, 1977, with an additional condition as follows: "The maximum number of condominiums as approved is 15, and shall be so indicated on the final map."
Council adjourned to the Housing Authority at 8:48 P.M. and reconvened at 8:49 P.M. with all Council members present.
RECESS: Mayor Frazee called a recess at 8:50 P.M. and Council reconvened at 9:08 P.M. with all Council members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
The Planning Director gave the staff report out- lining the suggested revisions and reasons for .
Councilman Skotnicki expressed concern about the requirement for on sste storage, indicating it should be a discretionary matter for Council.
ments necess,ary per Exhibit IIB", modifying sub- paragraph 6 of Section 1 to provide for on-site storage being a matter of discretion via the City
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1931 19. AGENDA .BILL #5183 - Supplement #1 - REQUEST TO AMEND SEWER MORATORIUM ORDINANCE - KAMAR CON-
STRUCTION COMPANY - JERRY ROMBOTIS.
The fol1ow.i-ng Ordinance was introduced for a f'irs
reading:
ORDINANCE NO. 8075, AMENDING TITLE 18, CHAPTER
18.05, OF THE CARLSBAD MUNICIPAL CODE BY THE
CEPTION FROM THE BUILDING PERMIT MORATORIUM FOR AMENDMENT OF SECTION 18.05.020 TO PROVIDE AN EX-
DEVELOPMENT WITHIN THE BOUNDARIES OF CT 74-6.
-1131 20. AGENDA BILL #5195 - Supplement #1 - ZONE
CHANGE REQUEST (ZC-196) - CITY OF CARLSBAD.
Following a brief staff report by the Planning Director, Council instructed the City Attorney to prepare the documents necessary approving ZC-196 as per Planning Commission Resolution No. 1400
as to C-1-Q as modified by report.
-1131 21. AGENDA BILL #5229 - Supplement #1 - ZONE
CHANGE (ZC-197)'.- COUNTY OF SAN DIEGO.
The following Resolution was adopted:
- RESOLUTION NO. 5250, ANNOUNCING FINDINGS AND D.ECI
SION REGARDING CHANGE OF ZONE (ZC-197) FROM OPEN
SPACE (o-s) TO INDUSTRIAL (M) ON PROPERTY GENERAL
LdCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEE
SUNNY CREEK ROAD .AND PALOMAR AIRPORT ROAD.
APPLICANT: COUNTY OF SAN DIEGO
The following Ordinance was introduced for a firs
reading:
ORDINANCE NO. 9491, AMENDING TITLE 21 OF THE CARL
BAD.MUNICIPAL CODE BY AMENDING THE ZONING MAP TO
GRANT A CHANGE OF ZONE (ZC-197) FROM OPEN SPACE 1
(0-S) TO INDUSTRIAL (M) ON PROPERTY GENERALLY LOCATED ON T.HE EAST SIDE OF EL CAMINO REAL BE-
TWEEN SUNNY CREEK ROAD AND PALOMAR AIRPORT ROAD.
APPLICANT: COUNTY OF SAN DIEGO-.
Pub1 ic Works
22. AGENDA BILL #3069 - Supplement #6 - CARLSBAC c991 WASTEWATER RECLAMATION FEASIBILITY STUDY.
The Public Works Administrator gave a brief staff report on the matter. Following brief discussior Council approved the Report on Reclamation Pro- gram as submitted, and authorized Lowry and Associates to proceed with the study.
~1121 23. AGENDA BILL #5220 - Supplement #1 - WEED ABATEMENT ANALYSIS - ,SUBSIDIARY REPORT.
The Public Works Administrator gave a staff re- port on the matter.
Following brief discussion by Council , Council instructed staff to prepare a Resolution to es- tablish the appropriate overhead charges as con- tained in the Memorandum to the City Manager datt October 19, 1977.
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24. AGENDA .BILL #5242 - SEWER PERMITS - REQUEST
[93] TO UTILIZE EXISTING .SEWER PERMITS ON DI'FFERENT LOTS - TANGLEWOOD - THE HIGHLAND COMPANY.
The City Manager informed Counctl that ,prior to their discussion on transferring sewer permits, it had recently come to his attention that Counc- first needed to make a determination if those building permits were still in effect.
Council recognized Mr. Richard Osburn, Building Director. He stated the Uniform Building Code states that if work has not commenced within 120 days, the permits are invalid. Therefore, a definition of "commenced" is required. He con- tinued stating that grading and trenching was done on the lots. Further, if Counci 1 recognize( "good faith" as a consideration, then the permit! would still be valid.
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Following a great deal of discussion, Council accepted the fact that the 52 building and sewer
permits exist and are still valid.
The Public Works Administrator then gave a staff
report on the request to transfer the permits. He stated in addition to the request for transfel they were requesting sewer connections for 14 units in an existing model complex as well as 2 additional permits.
Council discussed current policy which does not
allow transferring permits versus the possible desirability of allowing same. Concern was ex- pressed about allowing transfers .from one projec to another and from one area in town to another, which could possibly establish a market of trad- ing. However Council felt due to the moratorium it may be desirable to allow transfers within projects.
Council recognized Mr. Wendell Strong, Via de Fortuna, Rancho Santa Fe, Partner, representing the applicant. He gave a history of the project from beginning and original owner, through their acquisition and current status due to the mora- torium. He displayed wall exhibits showing the entire project and referenced the lots in questi He then outlined the advantages that would be received by the Homeowners' Association, them an the City if they were allowed to transfer the
I permits to different lots.
I Following further discussion, Council exempted the 14 existing, partially completed, units in the model complex as provided by Ordinance No. 8074.
Council directed the City Attorney to prepare th necessary code amendments to allow the transfer of the 52 existing permits to Lots 251 through 283 and lots 368 through 388.
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I Cduncil denied the request for the two additiona sewer permits. I
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25. AGENDA BILL #5243 - APPEAL FOR EXCEPTION TO Cg31 SEWER-MORATORIUM -. PALOMAR .SOLID 'WASTE TRANSFER STAT1 ON.
The Public .Works Administrator gave thez staff 're- port on the request, and outlined his Memo to the City Manager dated October 27, 1977, which con- sists of a sewer capacity status report.
Following brief discussion, Council concurred tha this is a governmental project which is necessary and in the public interest, and authorized a sewer connection for the proposed facility.
City Manager
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26. AGENDA BILL #3798 - Supplement #2 - PALOMAR 1251 AIRPORT ANNEXATION.
The City Manager gave a.brief report on the matte
Following brief discussion relative to the im- provement of Palomar Airport Road, Council in- structed staff 'to proceed w.ith the annexation, and to file an application with the Local Agency Formation Commission.
27. AGENDA BILL #5130 - Supplement #3 - APPOINT- [281 MENT OF INTERIM VILLAGE AREA ADVISORY COMMITTEE.
M'ayor Frazee referenced his memorandum to the Council dated November 1, 1977, and made a motion to activate the Interim Village Area Advisory Committee with the following members:. Mr. Barney Butler, Mr. Jeff Chandler, Mr. Walter Duckworth, Mrs. Olivia Fiamengo, Mr. Charles Garner, Mr. Glenn McComas and Ms. Marina Sanchez.
28. AGENDA BILL #5223 - APPOINTMENT TO PARKS AND E6'1 RECREATION COMMISSION.
The following Resolution was adopted:
RESOLUTION NO. 5227, APPOINT1NG.A MEMBER TO THE CITY OF CARLSBAD PARKS AND RECREATION COMMISSION. that member being Laurie Nelson-Boone.
CITY COUNCIL ADDITIONAL BUSINESS:
Councilman Skotnicki reported briefly on the recent meeting of the Reclamation Agency.
Councilman Skotnicki reported on the recent JAC meeting. He referenced a memo and attachments , from the City Manager to Council dated October 31 1977, re proposed conditions to be placed on the reapplication for permit for the Phase I11 Expan- sion at the Encina Plant. He urged Council to read the material in that it may be necessary to take an official position on the matter.
I Council expressed the feeling that the proposed
conditions infringe on local control, and con- curred that the matter be discussed at the next meeting.
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POLICY MAKING
Councilman Skotnicki then referenced the City's need for establishing some-form of policy making process. T-o this end, he recommended hiring M.r. Gregg who has established systems for others; and suggested Council discuss the matter at the earliest possible workshop meeting.
CALIFORNIA ADVISORY COMMISSION ON YOUTH
Mayor Frazee informed Council of the opportunity to nominate someone for the California Advisory Commission on Youth. He requested Counc51 to inform him if they have any suggested nominees.
CITY MANAGER ADDITIONAL BUSINESS:
The City Manager indicated a request had been received from the North County Jr. Women's Club for storage and office spaces in the Harding Street Community Center for their Christmas Bureau. The space would be needed from November
28, 1977, throu'gh December 28, 1977.
In response to Council questions, staff indicated the space is available and will not conflict with renovation plans.
[70] approval is for this year only.
The City Manager informed Council that a letter had been received from Mr. Kentner of the Twin Inns indicating that Fisherman's Supply has applie for a beer and wine license. He stated Mr. Kentner was requesting Council to go on record opposing the issuance of the license. He indi- cated the matter had been scheduled for a later meeting; however due to a time restriction, Counci may wish to consider it at this time.
It was the concensus of Council'that the matter be considered at the later meeting in order to allow time for a staff report.
ADJOURNMENT:
By proper motion, the meeting was adjourned at 11:59 P.M. to Tuesday, November 8., 1977, at 7:OO --
P.M., in the Council Chambers.
Respectfully submitted,