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HomeMy WebLinkAbout1977-12-20; City Council; Minutes*. \. fJ--p/ OF I GARLy=&&,D SBWll D D Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 7:OO P.M. Date of Meeting: December 20, 1977 Place of Meeting: Council Chambers ROLL CALL: INVOCATION was given by Councilman Packard. PLEDGE OF -ALLEGIANCE was given. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the adjourned regular meeting held November 29, 1977, were approved as presented. Minutes of the regular meeting held December 6, 1977, were approved as presented. Councilman Skotnicki stated he abstained on the minutes of the meeting of December 6, 1977, in that he had been absent from the meeting. How- ever, he felt fully qualified to vote on any item from that meeting in that he had listened to the tapes of the entire meeting. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $150,691.26; Water Department $15,381 .68; Investments $100,000.00; Net Payroll Transfer $103,432.98; for a total of $369,505.92, as certified by the Director of Finance and approve1 fYy the Auditing Committee. Ratification was given the payment of the Payrol in the amount of $161,324.25 for the period November 28, 1977 through December ll', 1977, as certified by the Finance Director and approved b, the Auditing Committee. - CONSENT CALENDAR: The following items were approved by one motion affirming the action on the Consent Calendar. [99] 1. AGENDA BILL #3498 - Supplement #4 - ACCEP- TANCE OF PUBLIC IMPROVEMENTS - CARLSBAD'MEADOWS- CT 75-2, UNIT 1. Council accepted the improve- ments as completed and directed the Utilities/ Maintenance Director to commence maintenance and tfie City Clerk to release the bonds for public street improvements. E991 1771 CW 2. AGENDA BILL #3653 - Supplement .#3 - ACCEP- TANCE OF PUBLIC IMPROVEMENTS - LA COSTA VALE - CT 76-3. UNIT 4. Council accepted the improve- ments as completed and directed the Utilities/ Maintenance Director to commence their mainte- nance and the City Clerk to release the bonds for pub1 ic street improvements. -~ . . 3. AGENDA BILL #5238 - Supplement #1 - REVISIOR TO AGREEMENT WITH EIR CONSULTANT FOR JAPATUL Resolution No. 5277, rescinding Resolution No. *oving a new agreement between the BUSINESS CENTER SPECIFIC PLAN (SP-180). 5248 and appr City of Carlsbad and Urban-Projects, Inc. for consulting services to provide an Environmental Impact Report on the Japatul Business Center Specific Plan (SP-180), was adopted. W" :-ar.: "r] 3G"eY e-. -' .. CITY OF= CARLSBA -2- December 20. 1977 B B C811 C1W Dl1 p5-j c501 I ~ [lo21 I C931 CONSENT CALENDAR (Cont'd.) PARAMEDICS. Council accepted the donations of $10.00 - from Mrs. Eddie Tatum and $5.00 from 4. AGENDA BILL #5278 - GIFTS TO CITY OF CARLSBAD Reinold H. Hanson for paramedic use, and direct'ed staff to prepare appropriate letters of apprecia- tion on behalf of the City Council. 5. AGENDA BILL #5220 - Supplement #2 - WEED ABATFMENT FEES. Council approved the proposed Policy Statement which establishes a uniform policy for the collection of administrative fees for the abatement of weeds on private property. 6. AGENDA BILL #5279 - THREE PARTY AGREEMENT FOR LOCATING CITY ANTENNAS. Resolution No. 5278, accepting an offer to locate City antennas on a transmission tower of Radio Station KKOS and aut'horizing the Mayor to execute the agreement, was adopted. 7. AGENDA BILL #5280 - REFUND OF OVERPAYMENTS. Council approved requested refunds for 0verpa.y- ments of charges made by the City as follows:- $50.00 to Mike O'Hara for refund on an Environmen tal Assessment Form; $4.20 to Gwen Dinielli for cancelled middle of tennis class; $20.00 to Tim Brookhart for softball league deposit; $10.00 to Butch Sevis for softball league deposit; $14.00 t'ij Margaret Farrant for sewing class refund; $25.00 to M. R. Robinson for softball league deposit; $4.00 to Kisti Murray for cancelled middle of tennis class; $10.00 to Douglas Patter- son for softball league deposit; $50.00 to Glenn McComas f,or plat application adjustment; $253.00 to James Weber for 6-inch sewer lateral installa- tion charge; $250.00 to David Koyal for sewer connection fee; $25.00 to Richard Sarkisian for softball league deposit; $21.00 to Hilma Hill for cancelled Palm Springs trip; and $9.00 to Marior Gast for cancelled Day Trip. I ORDINANCES FOR ADOPTION: By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived. 8. AGENDA BILL #5265 - SPEED ZONE - ELM AYENUE. The following Ordinance was adopted: ORDINANCE NO. 3108, AMENDING TITLE 10, CHAPTER TION OF SECTION 10.44.080 TO ESTABLISH A PRIMA 10.44 OF THE CARLSBAD MUNICIPAL CODE'BY THE AD.DI- FACIE SPEED LIMIT ON .A PORTION OF ELM AVENUE. 9. AGENDA BILL #5242 - Supplement #1 - REQUEST COMPANY. TO UTILIZE EXISTING SEWER PERMITS - THE HIGHLAND The following Ordinance was adopted: ORDINANCE NO. 8076, AMENDING TITLE 18, CHAPTER 18.05 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEN MENT OF SECTION 18.05.020 TO ALLOW THE TRANSFER OF SEWER PERMITS IN CERTAIN CIRCUMSTANCES. rn4NCt EMEI *. .. CITY OF CAWLS -3- December 20. 1977 - B B <~ !# ORDINANCES FOR ADOPTION (Cont '4.1 11141 10. AGENDA BILL #5122 - Supplement #3 - ZCA-84- PUD REQUIREMENTS - CITY INITIATED. The following Ordinance was adopted: ORDINANCE NO. 9493, AMENDING TITLE 21, CHAPTER 21.45, SECTION 21.45.120 OF THE CARLSBAD MUNICIPA CODE BY THE AMENDMENT OF SUBSECTIONS (6) AND (9) TO REVISE THE DEVELOPMENT STANDARDS FOR PLANNED UNIT DEVELOPMENTS IN REGARDS TO STORAGE SPACE AND OPEN SPACE. ZCA-84. PUBLIC HEARINGS: 11. AGENDA BILL #5158 - Supplement #5 - FIRST [93] PHASE SEWER ALLOCATION SYSTEM. The Pl a the Planning Director gave the staff report ex- ining the methodology used by staff in making ir determinations. A transparency was display ed listing three applications received which staf recommended be placed in the Contingency in that they involved the Redevelopment area. The Mayor declared the public hearing open and asked if anyone wished to speak on the matter. The Mayor requested the hearing be conducted in two phases. First those persons not recei'ving aFlocation and requesting same; and second those persons wishing to speak regarding the Allocation System itself, would be heard. Mr. Jack H. Sprague, 4800 Williamsburg Lane, La Mesa, addressed Council. Mr. Sprague distri- buted copies of a letter from his partner, Mr. Robert F. Kevane, and read same. He stated there was an existing Specific Plan on the property to build as apartments which was approved in 1973. Currently the desire was to develop as condominiu for which there is no approved Tentative Map. He therefore requested sewer allocation in that they could proceed and build apartments on the propert Staff indicated the Speci'fic Plan had expired on the property, but requested time to check files t verify the fact. If in fact the Specific Plan has expired, the application would not qualify. Council trailed this request to enable staff time to verify the records. Mr. Robert Knauf, 810 Flission Avenue, Oceanside, attorney representing Don Sharp Motor Imports in Car Country, addressed Council. He outlined the history of Car Country. He stated Plr. Sharp had been one of the original dealers in Car Country and had been attempting to obtain the Porsche franchise from the beginning. Just prior to the moratorium, he received the franchise. Therefore they feel they should qualify in that under a liberal translation, it could be considered an unfinished project in that it would be on the same lot even though the franchise required a separate building. I e;OedNCEBMEI >. .. c B D ITY OF CARLS -4- December 20, 1977 In response to Council questions, Mr. Knauf state there was no inclusion of the Porsche franchise existing in any City documents. Council upheld staff's recommendation and denied the appeal. Mr. Robert Snyder, 1394 Magnolia Avenue, Carlsbad addressed Council. Mr. Snyder stated he had recently subdivided his property and upon the advice of City staff, had applied for two permits rather than one. He continued stating he would b happy to change categories and receive only one permit. He felt qualified in that he had been misinformed and misguided by City staff. Council upheld staff's recommendation and denied the appeal. Staff then stated they had researched the matter of the Specific Plan addressed by Mr. Sprague at the beginning of the public hearing. The Speci- fic Plan was ap-proved in 1973 and expired in 1974 Therefore the project did not qualify. Council upheld staff's recommendation and denied the appeal. Mr. Dave Schlegel, 1833 Westminster Drive', Cardif addressed Council. Mr. Schlegel stated approval by the Coastal Commission had delayed his project Further, due to payment of fees, payments and interest, he felt he qualified under hardship. Council upheld staff's recommendation and denied the appeal. Mr. Nick Banche, 3464 Ridgecrest Drive, Carlsbad, attorney representing Ralph and Mary Ann Haasl , addressed Council. Mr. Banche stated public improvements were installed on the properties and they felt they should qualify under the hardship category. He further stated if denials were due to the lack of presenting evidence, a continuance was requested to allow time to present evidence. Council upheld staff's recommendation and denied the appeal. Mr. Nick Banche, 3464 Ridgecrest Drive, Carlsbad, attorney rep'resenting Mr. Jerry Rombotis, address ed Council. He requested consideration due to required off-site improvements installed. Furthe he stated the installed improvements. consisted of oversized lines. Council discussion indicated a project may deserv consideration if improvements installed would serve other needs of the City rather than just the development. Council trailed the request for clarification of the installed improvements by staff. Mr. Banche then requested Council reconsider his previous request due to installed improvements. I ~ 1 I cxwNG;fFMEf , 1 " ~ .. . . . ." . ... . .. ~4 - B D De cemb PLSlDR CITY OF CARkSBI$D rnNCikEU4EI -5- : Mayor Frazee called a recess at 9:22 P,M CONTINUATION OF PUBLIC HEARING: Mr. Manny Aftergut, Sherman Oaks, connected with Tamarack Shores, addressed Council. He requested consideration due to investments made in the project. Staff indicated the final map on this phase of the project has not been approved. Further, the first phase has been completed. Mr. John McGrath, 4545 Collwood Boulevard, San Diego, addressed Council. He requested considera tion in that staff would accept no applications on Ocean Street. Further he stated he does not currently have a Coastal Permit but can produce evidence of processing. Mr. Nello Tiberio, 4200 Via Dolce, Marina Del Rey addressed Council. He stated the City would not accept his plans and recommended he get approval from the Coastal Commission first. The Coastal Staff indicated the plans were not refused. He was merely advised to get a Coast.al permit first in that they have different conditions. the appeal. Mr. Joe Guagliardo, 4-DesignY 800 Grand Avenue, Carl sbad, representing Mr. Tony Regan, addressed Council. He stated Mr. Regan couldn't get a fina map without sewer and now he can't get sewer with out a final map. He stated the project was delay ed by the City in that it took staff 30 days to process the Tentative Map. Staff then reported on the request by Mr. Banche for Mr. Rombotis. The sewer line was built at the minimum size and would have been required jus to serve the development. I. ,' CITY" QF C -6- December 20, '1977 No one else wished to speak on the first phase of the public hearing. Therefore, Councilman Skotnicki challenged staff's -approval of applica- tion number MSAI 013. He questioned staff's determination that the applicant had been delayed by the City. D The Planning Director stated that in that the City was not accepting applications on Ocean Street, it was determined that it was a City dela Further since the City made the determination to put in the sewer line on Ocean Street, it was the determined that the City delayed development on Ocean Street. Councilman Skotnicki expressed the feeling that the moratorium on Ocean Street did not relate to the current moratorium, and it was not a City del ay . It was moved and seconded that Council accept staff's recommendation and the project be include as qualified. Further discussion r'esulted, following which ther was a motion to c-all for the question and cut off further debate. Council accepted staff's recommendation that the pFoject be included as qualified. B The Mayor then asked if anyone wished to be heard re the Allocation System. Mr. Robert Snyder, 1394 Magnol ia, Carlsbad, add- ressed Council requesting in that points were given for solar heating, consideration should be given to solar cooling. Further, if evidence is required, the application should so state the requirement. Mr. Joe Guagliardo, 4-Design, 800 Grand Avenue, Carlsbad, addressed Council. He stated credit was given if natural gas was used. However, ther is a shortage of natural gas; therefore, credit should be given for use of electricity. In addi- tion, it may be desirable to give credit for use of fluorescent and incandescent lighting. Since no one else wished to be heard, the Mayor closed the public hearing at 10:40 P.M. Councilman Skotnicki stated a commercial project included for approval also appeared as Item No. 13 on the agenda as requesting an exception to the moratorium. I It was the conc'ensus of Council that Item No. 13 be taken out of order and discussed at this time prior to taking final action on the Sewer Alloca- tion. WUNCkLMEI 329 llslll Moti Moti Ayes Noes Moti Ayes Noes 1 I I 0 0 0 ~- . .. ... . . . .._ .. . . . . . . . .. .# CITY OF CARLSBAD -7- - B B December 20, 1977 3 I ~931 13. AGENDA BILL #5282 - EXCEPTION TO SEWER MORA- TORIUM - COLONIAL MALL. I The Public Works Administrator gave a brief staff report. Council made the findings required pursuant to Section 18.05.020(10)-of the Municipal Code and granted two additional sewer connections to Carlsbad Investment Corporation for the Colonial Mal 1 development. I Council then returned to Item No. 11 on the agend for final action on the Allocation System. I 11. AGENDA BILL #5281 - Supplement #5 - FIRST E931 PHASE SEWER ALLOCATION SYSTEM (Cont'd.) I The following Resolution was adopted: RESOLUTION NO. 5279, AUTHO.RIZING THE ISSUANCE OF SEWER CONNECTION PERMITS. PURSUANT TO THE FIRST PHASE SEWER ALLOCATION SYSTEM, in accordance with Exhibit A submitted to the City Clerk by the City Attorney. I Council requested staff furnish them with a written report containing information as to the sewer capacity allocated and remaining. It was suggested a Council Sewer Committee meet with staff to prepare a report on the possibility of revising the Allocation System and allocating the remaining capacity. Council suggested -re- taining the capacity in the Industrial category, as well as the possibility of the. addition of a category to accomodate moving houses. I Council instructed the same Sewer Committee con- sisting of Councilman Packard and Councilwoman Casler to meet with staff and prepare a report at the earliest possible date. The Planning Director then referenced the three applications received which staff suggested be placed in the Contingency category. He outlined each application. In response to questions, he stated the Contingency category had no establishe criteria and no time restraint. Council approved. the allocation to the three pro: jects listed on the Contingency and instructed the City Clerk to add the page to Exhibit A of Resolution No. 5279 previously adopted. DEPARTMENTAL AND CITY MANAGER REPORTS: Pub1 ic Works [86] 12. AGENDA BILL #5281 - REQUEST TO ADDRESS COUNCIL - JOHN MC GILL. The Mayor stated Mr. McGill had been present earlier and requested continuance of thissitem. Council concurred and granted the continuance. 1 WNCthMEl -. ITY F CA WdUCiLMEP _. -8- December 20 1977 I [93] 13. AGENDA BILL #5282 - EXCEPTION TO SEWER MORA- TORIUM - COLONIAL MALL. This item was taken out of.order and discussed earl ier. City Manager B I [84] 14. AGENDA BILL #4056 - Supplement #3 - PURCHAS- ING OF RADIO CONSOLE AND AUXILIARY COMMUNICATION EQUIPMENT. The Mayor stated this item was being continued. [+&I 15. AGENDA BILL #5283 - OPEN SPACE MAINTENANCE DISTRICT - ASSESSMENT ENGINEERING SERVICES. The City Manager gave a brief report following which Council approved engaging the firm of Urban Engineering to perform the services called for in their letter of proposal dated November 15, 1977, and authorized the Mayor to execute the agreement on behalf of the City. 16. AGENDA BILL #5272 - ENCINA JOINT FACILITY - INDEPENDENT MANAGEMENT AND REORGANIZATION. Council continued the item to the next regular meeting. TKe Mayor stated Item No. 18 would be taken out of order and discussed at this time. 18. AGENDA BILL #5284 - REQUEST BY THE CITY OF CALIFORNIA CITY - PETITION LEGISLATURE - RESTRUC- TURE CRIMINAL JUSTICE SYSTEM. Councilman Skotnicki stated this item appeared as an Information item at a previous meeting, and it appears that the Mayor of the City of Califor- nia City is requesting action on a matter already taken care of by the Determinant Sentencing Law. Council ordered the item filed with .no further action. 17. AGENDA BILL #3140 - Supplement #5 - LA COSTA PARKS AGREEMENT. D i I The 'City Attorney gave a report explaining the background of the matter. He stated Council shou consider the matter completely in that it commits the City and La Costa to a significant park and open space program. It establishes the procedure for acquiring other major community parks as well as returning smaller park areas to La Costa. In addition, it establishes a new procedure for park fees and replaces all previous park agreements with La Costa. When questioned as to when the dedications would take place, staff referred to a wall exhibit and indicated as adjacent property is subdivided, the appropriate portions of the Canyon will be dedicated. lotion \yes (otion \yes Yloti on lye s d ., - B D -.-- Ir . - . . - - . " . . . . - . . . .. CITY OF CARLSAD : COhlkCCttMEl -9- ( Council then recognized Mr. Fred Morey of La Cost Land Company. Mr. Morey referred to the differen park areas on the wall exhibit and explained the method of park dedication.. He further expressed the feeling that the exhibits did not adequately reflect the situation and suggested continuance o the matter to allow preparation of adequate exhi- 21 18. AGENDA BILL #5284 - REQUEST BY THE CITY OF CALIFORNIA CITY - PETITION LEGISLATURE - RESTRUC- TURE CRIMINAL JUSTICE SYSTEM. This item was taken out of order and discussed prior. to Item No. 17 on the agenda. Councilman Skotnicki referenced an outline of the proposed Bill previously furnished to Council. He stated at the hearing, there was some opposi- there is concern in that if we don't get the Cana Pg. tion to the Bill, not to the Canal. Further, of the Resolution to the appropriate representa- 71 20. AGENDA BILL #5285 - COUNCIL .MEETING SCHEDULE Councilman Skotnicki stated the matter of night Council meetings versus the possibility of day meetings should be considered prior to'the elec- tion. He expressed the feeling that night meet- ings are unfair to citizens attempting to keep abreast with information, as well as a hardship on staff required to work full days .before and after the meetings. He suggested the possib'ility of handling routine matters during the day, and public hearings at Councilman Lewis disagreed with the day meetings in that it may prevent a citizen from becoming a Council member if they have another job. tions as to a modified meeting schedule, to pro- vide for some meetings in daytime hours, and to furnish a list of when other cities in San Diego County meet. 21. AGENDA BILL #5277 - APPOINTMENT OF PLANNING Mayor Frazee then requested suggestions for the nomination of a Planning Commissioner. I* '.I Dec I GcwHCIIMEP Councilman Skotnicki recommended Dr: Alvin Brojdo Councilman Lewis had no recommendations; Council- man Packard recommended Mr. Bruce Buckner, Councilwoman Casler recommended Mr. Donald Yerkes and Mayor Frazee recommended Patricia Lowry. Mayor Frazee stated the nomination would be made at the next regular meeting. CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney stated if Council wished to tak advantage of the authority of the government code to increase salaries, such action should be taken at this time. .. necessary documents increasing the salary of Council members. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:21 A.M. to Thursdciy-, December 22, 1977, at 3:OO P.M. in the Council Chambers. Respectfully submitted, * The following correction was requested by Councilman Skotnicki: Page 9, Item 19, Agenda Bill #5274, paragraph one, line 3 should read: "He stated there was some significant opposition to the Bill by the California Farm Bureau, but not to the Canal itself .Ii