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HomeMy WebLinkAbout1977-11-15; City Council; Minutes1 CITY F CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 7:OO P.M. Date of Meeting: November 15, 1977 Place of Meetinq: Council Chambers - -". ""- I) ~ "_" _"_"""".""" ~ -~. ~ ~ -~~ ROLL CALL: INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: Minutes of the regular meeting held November 1, 1977, were approved as presented. - PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for the General Expenses of the City: City Operation $211,224.25; Water Department $51,471 .95; Net Pay roll Transfer $101,007.68; for a total of $363,704.88, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll in the amount of $161,375.17 for the period October 17, 1977, through October 30, 1977, as certified by tlie Finance Di-rector and approved by the Audi ti ng Committee. CONSENT CALENDAR: Councilman Packard'requested that Item No. 6 be removed from the Consent Calendar , and Councilman Skotnicki requested Item No. 2 be removed. The following items, with the exception of Item No. 2 and 6 were approved by one motion affirming the action on the Consent Calendar. I I 1 051 151 [igkj] 1. AGENDA BILL #3542 - Supplement #6 - SECOND YEAR HOUSING AND COMMUNITY DEVELOPMENT GRANT - INNER CITY SIDEWALKS - CONTRACT NO. 1040. Resolution No. 5251, accepting bid and authorizin the execution of Contract No. 1040 for constructi ~ ~~ of inner-city sidewalks, was adopted. 3. AGENDA BILL #4065 - Supplement #4 - WATERLINE 1030. Council approved Change Order No. 1, accepted the work, and ordered the City Clerk to record the Notice of Completion and release the bonds 35 days after the recording date. ~51 c451 REPLACEMENT - VARIOUS .LOCATIONS - CONTRACT NO. 391 [gg] 4. AGENDA BILL #4096 - Supplement #2 - FINAL MAP - CARLSBAD TRACT 77-1 - WILLIAM AND LUCILLE Q. $1 1 [41] 5. WHITAKER. Council approved the Final Map of Carlsbad Tract 77-1. AGENDA BILL #5244 - CLAIM AGAINST THE CITY - ROBERT SWAYNE WASHAM. Resolution No. 5253, deny- ing a claim against the City, was adopted. 361 [96] 7. AGENDA BILL #524; - INSTALLATION OF "NO TRES- PASSING" SIGNS ON CITY EASEMENTS. Council authorized the City Manager to.instal1 "NO Tres- passing" signs in the vicinity of the sewer easement running from Kelly Drive to El Camino Real . cxxJNCtkME aa*.aw 14 1 51 '01 0 131 151 0 301 CITY OF CARLSBA -2- November 15, 1977 CONSENT CALENDAR (Cont'd.) [p,a] 8. AGENDA BILL #5247 - PURCHASE OF BACKHOE. [451 Resolution No. 5255, accepting a bid and authoriz- ing the ex.ecution of a contract for thex purchase of a backhoe, was adopted. [SO] 9. AGENDA BILL #5248 - REFUND OF OVERPAYMENTS. Council authorized requested refunds for over- payments of charges made by the City as follows: Kathy Henderson, $15.00 refund for Jazzercise Class; $25.00 to Bary Bachrach for refund for softball deposit; $25.00 to Sharon Russell for refund for softball deposit; $40.00 to Environmen tal Design for withdrawal of Variance V-271; $14.26 to G. McGinnis for overpaid closing water bill; $38.87 to Sommer's Development for overpaid closing water bill; $6.19 to Sommer's Developmefit for overpaid closing water bill; $5.27 to Carlsba Gardens for overpaid closing water bill; $5.58 to Carl sbad Gardens for overpaid closing water bill ; $22.50 to Beverly E. Huizer for Building Permit refund; $41 .OO to John Howlett for sewer charges; $10.00 to Casey- McColey- for refund for physical fitness class; $7.50 to Barbara Putnman for can- celled Gymnastics class; $20.00 to Pauline Imus for ski class refund; $25.00 to Emogene Jurard for softball deposit refund; $25.00 to Bill Huntington for softball deposit refund; and $,142.40 to Mola Development-for permit issued for w'rong lot. I I ITEMS REMOVED FROM CONSENT CALENDAR: AGENDA BILL #3780 - Supplement #4 - OCEAN [ig] CTREET SEWER - CONTRACT NO. 1043 - EDA PROJECT NO. 07-51-23001. Councilman Skotnicki stated he had requested the item removed from the Consent Calendar' in order to obtain clarification on a particular point. The Statement of Matter recommends that the por- tion of funds available for reallocation be committed to the project for designing and in- stalling flow meters on the main City sewer trans mission lines. He stated it was his understand- ing that Council had reached no decision re the flow meters to date. In response, the City Manager stated Councilman Skotnicki was correct, and the matter- of the flow meters would be before Council at a future date. The following Resolution was adopted.: I RESOLUTION NO. 5252, ACCEPTING BIDS AND AUTHORIZ- ING THE EXECUTION OF CONTRACT NO. 1043 FOR CON- STRUCTION OF THE OCEbN STREET SEWER. I [30] 6. AGENDA BILL #5245 - REQUEST FOR FUND TRANSFEi - BUI LDING DEPARTMENT. Councilman Packard stated he had requested the item removed from the Consent Calendar in that he questioned whether it would be desirable to hire full-time inspectors rather than temporary. GwsceLME .. - ~ .. CITY OF . - .." ." . .. . .."" . . . . .. . - . -3- November 15, 1977 llllR e )3 I 131 0 I141 -~. ~-~~~- ~ ~__~ -~ ~~ ~ ~ The City Manager responded that all factors being considered, it was felt the best course of action would be for temporary inspectors at this time. Councilman Skatnicki then referenced the Budget which calls for three additional tempofary in- spectors, and the apparent amendment of the Budge by adding two more. In addition, he questioned the need for additional radios, and requested he be furnished with info as to how many employees are equipped with personal two-way communications The City Manager responded that it was in fact an amendment to-the Budget, and explained the need for inspectors to be able to communicate immediat ly with their respective departments. The following Resolution was adopted: RESOLUTION NO. 5254, AUTHORIZING THE TRANSFER OF FUNDS FOR TEMPORARY EMPLOYEES AND THE PURCHASE OF ADDITIONAL EQUIPMENT FOR THE BUILDING DEPARTMENT. - ORDINANCES FOR ADOPTION.: I By minute motion - Ordinances befor waived. I , the reading of the text of all e the Council at this meeting was1 [93] 10. AGENDA BILL #5183 - Supplement #1 - REQUEST i'0 AMrND SEWER MORATORI.UM ORDINANCE - KAMAR - CONSTRUCTION COMPANY. The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 8075, AMENDING TITLE 18, CHAPTER 18.05, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.05.020 TO PROVIDE AN EXCEPTION FROM THE BUILDING PERMIT MORATORIUM FOR DEVELOPMENT WITHIN THE BOUNDARIES OF CT 74-6. [173] 10A. AGENDA BILL #5229 - Supplement #1 - ZONE - CHANGE FROM 0-S TO M - COUNTY OF SAN DIEGO - ZC-197. " The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 9491, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING '. MAP TO GRANT A CHANGE OF ZONE (ZC--l97) FROM OPEN SPACE (0-S) TO INDUSTRIAL (N) ON PROPERTY GENER- ALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWE,EN SUNNY CREEK ROAD AND PALOMAR AIRPORT ROA ORDINANCES FOR INTRODUCTION: r1m 11 - AGENDA BILL #52239 - SuPDlement #I - TO PERMI I,, ~~ . . - .""."" ~ ~-~ __ ~~~. ALCOHDLIC BEVERAGES BY COND'ITIONAL USE' PERMI'T IN I C-1 ZONE - ZCA-93. I ! The following Ordinance was introduced for a ~ first reading only: .. cxWNC;E&ME - . __" . _._ ..- . .. ...,~. ". .. . . .. CITY OF CARLS cxYJNCEkb4E -4- [11~.] 11. AGENDA.BILL #5239 - Sup #1 - Cont'd. MENT OF SECTIQtj 21 26.015 TO PERMIT THE, ON- IN THE C-1 CONE. CASE NO. ZCA-93. PREMISE SALE OF LIQUOR BY CONDITIONAL USE PERMIT ~1141 12. AGENDA BILL #5122 - Supplement #2 - PUD REQUIREMENTS - CITY OF CARLSBA-D '(ZCA-84). The Planning Director referenced the proposed Ordinance and the fact that the change previously required by Council was not incorporated into Following discussion and clarification of the desired change, Council continued the matter to the next regular meeting. The following Resolution was adopted: 1 The following Ordinance was introduced for a firs ORDINANCE NO. 9494, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-196) FROM C-2 TO C-1-0 ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST INTERSECTION OF EL CAMINO REAL AND LA COSTA AVENUE. PUBLIC HEARINGS: [c.J~] 14. AGENDA BILL #5240 - TENTATIVE SUBDIVISION MAP - CARLSBAD TRACT 77-1 5 - KEN REYNOLDS (Con- tinued from meeting of November 1, 1977.) The Mayor stated a request had been received from The Public Works Administrator gave a brief repor referring to the City Engineer's Memo to the City Manager dated November 10, 1977. He outlined the concerns regarding the proposed septic tank sys- tem. In addition, he indicated that as a result attempting to use septic systems. He reported that whereas past policy was to accep a letter from the County Board of Health re the suitability of septic systems, Council may wish t determine if the same procedure is acceptable in that other factors such as impact on developed lands should possibly be taken into consideration -..- .. . .. . . .. - . . . . . ... . . . . . -. . . . ~. CITY OF CAWLS r -5- November 15, 1977 It was therefore suggested that Council may wish to receive a full report from staff and establish policy prior to considering any subdivisions pro- posing the use of septic systems. '\ e 141 0 Council discuzsed the possibility of eyther deny- ing without prejudice or tabling the proposed subdivision. After such time as the policy has been established, the proposed subdivision could again be taken into consideration. Thus, by avoiding the constant continuance of the matter, it would result in less inconvenience for those persons desiring to speak to the matter. Due to the absence of the applicant and his re- quest for a continuance, Council continued the matter to the next regular meeting. 15. AGENDA BILL #5249 - ZONE CODE AMENDMENT - '''Or' PRIVATE SENIOR HOUSING - (ZCA-85). The Planning Director gave the staff report on the matter outlining its history and current status. The Mayor asked if anyone wished to be heard on the matter and declared the public hearing open. Mr. William Rick, Rick Engineering, 3088 Pi0 Pic0 C-arlsbad, addressed Council. He stated his in- tention to proceed with such a project though he did not currently have an application in to the City. He outlined a similar'project in San Diego and its apparent success. He further. stated he was not against a rent control agreement and had in fact furnished to the City Manager a copy of the one being utilized for the project in San Diego. He further stated he was comfortable with the condition that the Housing Authority would have the first opportunity to fill the units. In response to Council questions, he stated it was his understanding.that a rent control agree- ment would be furnished at the'time of the CUP. In response to Council's expressed concerns, he expressed the feeling that sufficient safeguards re conversion were being imposed and Council would be able to revoke the CUP if violations did exist. Mr. David Dunne, 3016 Highland Drive, Carlsbad, --. addressed Council. Mr. Dunne expressed the feel- ing that this would reflect a serious change in zoning and should be given a great deal of study to insure sufficient safeguards were provided. Mr. Bart Lefferdink, 4576 Cove Drive, Carlsbad, addressed Council. .He questioned if this was a decision on policy or a specific development. Staff responded it was a policy decision. Since no one else wished to be heard, the Mayor' closed the public hearing at 8:36 P.M. I fzx.lwNClkME -..-- a-ry OF "...._. ~ .-... .. .. . - -6- e I November 15, 1977 During discussion, Council reiterated their con- cerns re conversion, insuring that it would in fact benefit the elderly, and the possibility of a resulting influx of this. type of development. Also questioned was the amount of administratfve time required-under the Housing Authori"ty for implementation. Council concurred that it was desirable to provid housing to low income senior citizens. Council continued the matter to the meeting of November 22, 1977, in that further discussion and decisions wer-e required. RECESS: Mayor Frazee called a recess at 9:04 P.M and Council reconvened at 9:19 P.M. with all Council members present. I It was agreed that Item No. 22 be taken out of order and discussed at this time. l0l 1[40] 22. AGENDA BILL #2116 - Supplement #2 - PRESEN- TATION OF INTERIM REPORT BY. SPACE NEEDS CONSULTAN Mr. Frank Mannen gave a brief introductory report then introduced Mr. Mike Corbet and Ms. Kathy Rosenow of SUA, Inc., 10100 Santa Minoca Blvd., Los Angeles, CA, consultants for the project. MS. Rosenow referenced the Summary of the First and Second 1nteri.m. Reports furnished to Council previously and explained the methodology used for determining the space needs. She then out- lined the Summary and indicated any concerns Council may have may be addressed to them through Mr. Mannen prior to their submission of the . final report. [28] CARLSBAD REDEVELOPMENT AGENCY: Council adjourned to the Redevelopment Agency at 9:41 P.M. and reconvened at 9:47 P.M. with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: " P1 anniu [lo51 16. AGENDA BILL #5149 - RESIDENTIAL REHABILITA- ~05] I TION LOAN PROGRAM. e The City Manager gave a brief report indicating when the matter was previously before Council, , staff had been instructed to request'a re-evalua- tion of the income limits. Mr. Henthorne, Redev 1 opment Coordinator , then addressed Council in 8 icating the limits had been revised to the extent that the figures were now reflective of gross income rather than net incomc Following brief discussion, Counc.;il approved the program subject to the execution of an approprial implementation contract. mNCeLME - - -- . ....""... .,.-,. . . . .. CITY OF CARLSBA llAlsR 91 0 01 31. 0 131 rnNCILMEI -~ -7- The following Resolution was adopted: 4 GARFIELD AND THE AT&SF RAILROAD. 18. AGENDA BILL #5250 - REQUEST FOR PROPOSAL - L703 AGUA HEDIONDA LAGOON MAINTENANCE PROGRAM CONSUL- The Public Works Administrator gave the staff report, followed by a brief report by the City Manager in whfich he stated this would not reflect a commitment on Council's part to undertake the suggestions of the committee. Council referenced the future need for SDG&E to dredge the inner lagoon and requested that the consultant also take that i-nto consideration in their report. It was further suggested that proposals for consultant services. It was the concensus of Council t.hat Councilman Lewis participate as a member of the consultant selection committee. Cg31 AkATORIUM AGENDA BILL #5251 - EXCEPTION TO SEWER - HUGHES AIRCRAFT COMPANY. The Public Works Administrator gave the staff report outlining the request. Staff further in- dicated the procedure 3s normally a building per- mit is i:ssued, then a sewer permit is issued. In this case the developer wants to know in advance of the building permit issuance if sewer will be available. that an exception be granted for building permits for Hughes Aircraft Company, using not more than eight sewer connection permits; provided that such building permits must be applied for by January 15, 1978. 3 20. AGENDA BILL #5252 - EXCEPTION TO SEWER MORA- c931 TORIUM - CARLSBAD PLAZA NORTH. The Public Works Administrator gave a brief staff report. - , -- - . . .. - . . . ....~ . . . . . . . .. .. CITY OF c e'R)2bNGIEMEf Council made the findings that the requirements applied for by January 15, 1978. The City Manager gave a brief report outlining the requested changes as reflected in the memo from the Planning Department to the Council dated November 10, 1977. He continued stating the request for the first change as contained in the memo was withdrawn. Therefore staff was request- ing only Change 2 and 3 as contained in the memo. The Planning Director then explained the reasons for the requested changes. tion No. 5199 as outlined in the memo dated November 10, 1977, to the Council, deleting Change No. 1, and directed staff to return with the necessary documents implementing those The Utilities/Maintenance Director gave the staff report outlining the contents of hiis memo to the City Manager dated October 24, 1977. and directed staff to pursue co'llection through Small C1 aims Court. City Manager This item was taken out of order and discussed following Item No. 15 on the Agenda. 3 The City Manager gave a brief report stating re- quests had been received re the possibility of modifying the kitchen, making the size adequate for preparing and serving meals to groups of at least 125. Further, those people..making the re- quest were present and requested the opportunity to address Council. - ~ -- . . . ." .. . " . . ___, . . . . .. . . .- . CITY OF CARkS0A WNClLMEI m - ,Y - November 15, 1977 Council recognized Mr. Philip Lukei, 4022 Crescen Point Rd., Carlsbad, speaking on behalf of the Rotary Club and the Board of Realtors. He expressed the feeling that. community growth would result in serv-Ice clubs growing, and re,quested Council consideration on the matter. Council recognized Alan Jacobs, 4881 Hillside Drive, Carlsbad, representing Kiwanis. He re- iterated the request for. the expanded kitchen facilities. Council discussed the feasibility and the desir- ability of pr.oviding full kitchen facilities in that it would not be desirable for the City to get into the "restaurant business". Council instructed staff to contact the architect for recommendations as to what would be necessary to make the kitchen sui table for catered meals. It was agreed that Item No. 28 be taken.out of order and discussed at this time. .. 28. AGENDA BILL #5256 - REQUEST TO PROTEST c861 ISSUANCE OF LIQUOR LICENSE TO FISHERMAN'S SUPPLY CENTER. " The City Manager gave the staff report outlining t,be. history of the matter which consisted of thei i'nitial request in 1976, Council's letter of protest, and subsequent denial. He then reported the number of on-street parking spaces in the area and the number of spaces filled during spot checks at different hours. Council recognized John Dickerson of Green and Greenman, 1241 State, San Diego, attorney repre- senting Fisherman's Supply. He detailed the events leading to this point in time, as well as their efforts to comply with City requirements. He then responded to questions of Council. Following discussion relative to compliance with the parking requirements as well as the possibili of creating additional traffic problems, Council acknowledged receipt of the request and took no action. [83] 24. AGENDA BILL #5233 - COORDINATED PROGRAM OF PROPOSED PUBLIC WORKS - FINDING OF GENERAL PLAN '- - CONFORMITY. This item was continued to the meeting of Novembe 22, 1977. 25. AGENDA BILL #5120 - Supplement #2 - SALE OF SITE). This item was continued to the meeting of Novem- ber 22, 1977. c813 POLICE PISTOL RANGE RROPERTY (OLD CARLSBAD DUMP 26. AGENDA BILL #5254 - PARTICIPATION IN. FEDERAL c1051 - SURPLUS PROPERTY PROGRAM. This item was continued to the meeting of Novem- ber 22, 1977. -. .~ . - . .. -. . . . . . . . .~. , . . . ... . 1- *. Y. CITY OF C3XJNG;tLMEl - 10 - This item was continued to. the meeting of Novembe This item was taken out of order and discussed after Item No. 23. EXECUTIVE SESSION: Mayor Frazee called an Executive Session at 11:51 P.M. for the purpose of discussing litiga- tion, and Council reconvened at 12:05 A.M. with all Council members present. The Mayor announced that litigation had been discussed. ADJOURNMENT: By proper motion, the meeting was adjo.urned at 1.2:06 A.M., to Tuesday, November 22, 1977, at 7:OO P.M., in the Council Chambers. Respectfully submitted, 3