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HomeMy WebLinkAbout1978-01-03; City Council; Minutesi I) , CITY OF CAFLS COglNGf LMEi CITY COUNCIL (Regular Neeting) 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 December 13, 1977, were approved as presented. Minutes of the regular meeting held December 20, 1977, were approved as corrected. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: the Auditing Committee. CBNSENT CALENDAR: .affirming the action on the Consent Calendar. Agreement to remain in effect. ~701 3. [45] AGENDA BILL #5182 - Supplement #l - COASTAL BIKE ROUTE - COOPERATIVE AGREEMENT. Resolution No. 5280, approving a Cooperative Agreement be- tween the City of Carlsbad and Caltrans for par- City, was adopted. ~991 4. -AGENDA BILL #5242 - Supplement #2 - FINAL MAP APPROVAL - CT 74-25, UNIT 1, TANGLEWOOD (THE . HIGHLAND COMPANY). Council approved the Final Map of Carlsbad Tract 74-25, Unit 1, Tanglewood. .. . . . ." . ." . . .. CITY OF C CCHJNCiLMEI CONSENT CALENDAR (Cont'd.) 5. AGENDA BILL #5257 - Supplement #2 - GENERAL c481 MUNICIPAL ELECTION - CONSENT TO CONSOLIDATION OF SAN MARCOS UNIFIED SCHOOL DISTRICT ELECTION WITH CITY ELECTION. Resolution No. 5281, approving and consenting to consolidation of the General Municipal Election to be held in said City on March 7, 1978, with the San Marcos Unified School District Election, was adopted. 6. AGENDA BILL #5286 - STREET NAME CHANGE - I'81 ALFANJE TO SANTA ISABEL - REV. FREDER.ICK FLOREK. Council directed the Planning Commission to hold public hearings to consider the street name change of Alfanje Street to Santa Isabel Street. 7. AGENDA BILL #5287 - CLAIM AGAINST THE CITY - r411 BOB CURRAN. Resolution No. 5282, denying a claim against the City, was adopted. [402 8. AGENDA BILL #5288 - RECARPET COUNCIL CHAM- BERS AND POLICE DEPARTMENT - CONTRACT NO. 1044. Resolution No. 5283, approving specifications and authorizing the City Clerk to invite bids for the replacement of carpeting in City Council Chambers and Police Department - Contract No. 1044, was [741 9, AGENDA BILL #5289 - RECOMMENDATION TO RETAIN [45]. CONSULTANT FOR CLASSIFICATION PLAN STUDY. Resolution No. 5284, authorizing and directing the City Manager to execute a contract with Ralph Andersen and Associates for the purpose of con- ducting a Classification Plan Study, was adopted. [si] 10. AGENDA.BILL #5290 - MESA DRIVE/RESERVOIR SITE. Council authorized staff to obtain an MA1 appraiser to determine the fair market value of the Mesa Drive Reservoir Site. 1341 11. AGENDA BILL #5291 - CHAMBER OF COMMERCE - QUARTERLY REPORT. Council authorized payment of $8,500.00 to the Chamber of Commerce for basic ance with agreement. [50] 12. AGENDA BILL #5292 - REFUND OF OVERPAYMENTS. Council authorized refunds for overpayments of charges made by the City as follows: $9.68 to , Douglas Southwest for overpaid closing water bill $52.63 to Econowash Laundry for overpaid closing water bill; $1.78 to Lloyd Johnson for overpaid closing water bill; $7.14 to Charles. Kamaken for overpaid closing water bill; $1.05 to Kamar for overpaid closing water bill; $41 .37 to Robert C. Cressey for overpaid closing water bill; $9.18 to Robert A. Perreault for overpaid closing water bill; $596.00 to Collins Development Co. for overcharge on building permits; $70.80 to Virgini G. Yerkes for 80% refund on building permit and plan check fee; and $155.50 to Gerald Gottlieb for overcharge on pl an check fee. I F CAWLSBA aJNC[LMEi -3- Mayor Frazee stated a letter had been received prior to the meeting from Nicholas C. Banche, 702 Fourth Street, Oceanside, attorney represent- 1931 ing Kamar Construction Co:, requesting Council to reconsider the action taken at the meeting of December 20, 1977, concerning the First Phase Sewer Allocation and Kamar. Construction application as it relates to sewer allocation that was considered at the meeting of December 20, 1977. Further, Council waived Roberts Rules of Order and agreed the matter would be reconsidered at the next regular meeting. Council concurred that Item 25 on the Agenda be taken out of order and discussed at this time. Mayor Frazee stated the item was on the agenda at the request of Councilwoman Casler. Councilwoman Casler ref.erred to her memorandum to Council dated December 28, 1977, and indicated it was a condensation of a great deal of material supplied to her as a member of ,the Elected Offi- cials Task Force Committee. She continued stating an Areawide Plan must be submitted in June to the State Board for review. Therefore, a determination was needed as to con- tinuing with the same methods of management or designating an alternative management agency Council then recognized Mr. Lee Tayl’or, Superviso of the Fifth District. Mr. Taylor distributed to Council a copy of his presentation which he then read. He requested the City support the Alterna- tive wherein the County would be the lead agency, which would result in the Board of Supervisors having control over water management plans. Mr. Chase Houson of the Department of Sanitation and Flood Control in response to Council question stated that in the proposal, each City with more than one square mile in a zone would have a rep- resentative on that Zone Commission and said rep- resentative must be an elected official. Further, the Zone Commission would be a management and review agency, not an operating agency. Further, Mr. Houson stated the new agency would .. have the power to levy taxes, but it would not be an additional tax in that there is an existing Flood Control District tax. -:- . . . ." . . -. . . . .. - I) I) 0 e CITY OF CARLSBAD -4- January 3, 1978 Council indicated it would be an additional tax for portions of the City in that the La Costa area is currently the only'portion of the City in the Flood Control Zone under the existing tax. I Mr. Stu Schaffer.of CPO responded to Council ques tions regarding the Zone Commissions indicating Special Districts would also have a seat if their territory warranted same. Therefore it would be possible for Special Districts to have a majority vote over cities. Thus the inclusion of a pro- vision for possible use of a weighted voting sys tem. It was moved 'that Council adopt the draft Resolu- tion proposed by the County with the caveat that the final format and content be subject to fur- ther refinement and negotiations. The motion died .for lack of a second. Councilwoman Casler indicated she would report to Council on the ideas presented at the next meet- ing of the Elected Officials Task Force. Councilman Skotnicki then referred to the County' request to support them in their application for a Federal grant for 201 Study. Following brief discussion, Council endorsed the joint County/City of San Diego application for tlie. 201 grant to study wastewater reclamation. INTRODUCTION OF ORDINANCES: I By minute motion, the reading of the 'text of all Ordinances before the Council at this meeting was waived. 1 c371 13. AGENDA BILL #5293 - CITY COUNCIL COMPENSATIC I After brief Council discussion, the following Ordinance was introduced for a first reading: I ORDINANCE NO. 1207, AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- 1 MENT OF SECTION 2.04..030 TO INCREASE THE COMPEN- SATION OF THE MEMBERS OF THE CITY COUNCIL. I [lo51 HOUSING AUTHORITY: I Council adjourned to the Housing Authority at 8:18 P.M. and reconvened at 8:19 P.M. with all Council members present. I DEPARTMENTAL AND CITY MANAGER REPORTS: I Planning 14. AGENDA BILL #5181 - Supplement #l - CONDO- MINIUMS - CONDOMINIUM CONVERSIONS. I c771 The Planning Director gave the staff report out- lining the need for the proposed .moratorium until such time as condominium and c.ondominiurn conver- sion standards have been developed. I Council discussed the length of time required to establish standards as well as the types of developments requesting conversion. CCUNCILMEI - v 0 0 0 - cCxJNCSLMEi held at the regular meeting dated January 17, 1978.. RECESS: Mayor Frazee called a recess at 8:35 P.M and Council reconvened at 8:50 P.M. with all Council members present. The Planning Director gave the staff report on the request and outlined the reasons staff recommended denial of same. Staff was directed to amend the Ordinance to Council further expressed the desire for staff to proceed with zone changes that would result in c6nsistency with the General Plan. [93] 16. AGENDA BILL #5295 - REQUEST FOR PROCESSING The City Manager gave a brief report. Council recognized Mr. Robert C. Knauf, 810 Mission Avenue, Oceanside, representing the appl i cant. Mr. Knauf referred to a letter previously furnished Council. He stated the employees in th new sewer permit. In response to Council's question regarding the Health Department's requirements, Council recog- nized Mr. Richardson, 2568 State St., Carlsbad, designer of the existing building. Mr. Richards0 stated the existing facilities meet the require- ments. tained in Resolution No. 1420 constitute the findings of the City Council, and instructed staf to issue the building permit. [99] 17.: AGENDA BILL #5139 - Supplement #1 - SEWER MORATORIUM APPEAL - MS-303 - SAM GENDUSA. The Public Works Administrator gave the staff re- ,. port. He outlined the existing condition #10 on ~ the Tentative Map as well as the request for deletion of Condition #10 with a different condi- tion being added. - 0 0 0 e CITY OF CARLS WNf-iLME applicant's request deleting Condition #10 and replacing it with the new Conditions #lo and #11 as contained in the City Engineer's Memorandum to the City Manager dated December 29, 1977. 1977. [77] 18. AGENDA BILL #5296 - REQUEST FOR EXEMPTION FROM PLANNING MORATORIUM - 3971 PARK DRIVE - ROBERT STAUSS. Following i~ brief staff report by the Public Works Administrator, Council recognized Mr. Rober Stauss, 3971 Park Drive, Carlsbad. He indicated he would be happy to respond to any questions Council may have re the request. Council briefly discussed the possible effects on the sewer allocation if the request were granted. [97] 19. AGENDA BILL #5297 - CONSTRUCTION OF STREET IMPROVEMENT SOUTH SIDE OF BASSWOOD (MONROE, TO i. The Public Works Administrator gave the staff report on the matter. Unified School District to provide public improve ments along Valley Street, and authorized the necessary transfer of funds from Gas Tax Reserves [83] 20. AGENDA BILL #5298 - STAFF REVIEW OF MASTER PLAN FOR PUBLIC WORKS SYSTEM - CMWD ID3. The Public Works Administrator gave the staff report referring to the Carlsbad Municipal Water District's request for Council to. .take action on their Improvement District No. 3. In response to Council questions, he indicated this would not induce maximum development in that the lines would be installed as a result of development, not on a time schedule.. Council recognized Mr. Jack Kubota, P.O. Box 1095 planning are meaningful and economical. and amended as necessary to remain current with changes in the City's General Plan and zoning. 1, me .Ln i". t Eb t y":' liUc. -7- City Manager The City Manager gave a brief introduction of the matter stating it had been continued from the previous meeting to enable the display of more adequate exhibits. The Parks and Recreation Director then reported to Council. Referring to three wall exhibits which displayed the San Marcos Canyon, the Re- vised Master Plan and a Reference Map which identified the total recommended park system in La Costa, he explained each park site. He further indicated if the total parks did not satisfy the total park requirements, additional fees would be collected. The following Resolution was adopted: BETWEEN THE CITY OF CARLSBAD AND THE LA COSTA LAND COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. It was agreed that Item No. 23 be taken. out of order and discussed at this time. 23. AGENDA BILL #5299 - BINGO - MOBILE HOME The City Manager gave a brief report indicating the Mayor had requested the item placed on the agenda to allow Council discussion. Council recognized Mr. Ralph Rushworth, 7127 Santa Barbara, Carlsbad, in Lakeshore Gardens. Mr. Rushworth explained the method and conduct of the bingo games previously conducted in the park, and requested that Council allow bingo in Mobile Home Parks. Following brief discussion, Council instructed Councilman Skotnicki referred to the letter dated November 4, 1977, from its member agencies of JAC He stated he had prepared a draft response to that letter, which he read as follows: "Carlsbad continues its support of local control of the Encina Water Pollution Control Facility and urges its partners to move in that direction without delay. This objective can be met without changes to existing agreements. #, * - -. . . .. . .. - .. mNCf LtAEE AGENDA BILL #5272 - Cont'd. Following the assumption of local control of the facility, Carlsbad would agree to negotiate such changes to the existing agreements as would give the JAC the requisite authority to manage the plant. However, it must be understood that Carlsbad will not bargain away those basic rights 1311 23. AGENDA BILL #5299 - BINGO - MOBILE HOME Thjs item was taken out of order and discussed following Item No. 21 on the agenda. 24. AGENDA BI.LL #3481 - Supplement #12 - PLAZA rg4' CAMINO REAL SHOPPING CENTER EXPANSION. The City Manager gave a brief introduction of the Council discussed the various courses of action that may be taken which included: seeking an opinion from the City's Bond Coun'sel, obtaining information v'ia the City Attorney as to Ocean- side's requirements and procedures for May Co. Stores to apply for the necessary permits, and appointing a Council Committee to meet with a similar committee from the City of Oceanside and -May Co. Stores. Discussion also related as to whether it was a problem to be dealt with by Carlsbad or by May Co. Stores, or both. of the City's Bond Counsel relative to the .pro- posed method of paying Oceanside, and the City Attorney to examine the development proceedings, practices and processes set forth in Oceanside's City Code, and advise Council as to their appli- cation in this particular case; and after those facts. are received, the Council would then determine if there exists any reasonable basis fo negotiating any further or for negotiating away any part of Carlsbad's legally derived sales tax revenue. The motion.received a second. investigate and study the proposal as submitted. The motion to amend t.he original motion failed for lack of a majority. paying Oceanside, and the City Attorney to examin the development proceedings, practices and pro- cesses set forth in Oceanside's City Code, and advise Council as to their application in this particular case; and after those facts are re- ceived, Council will determine if there exists an reasonable basis for negotiatin any further or for negotiating away a.nY part O? Carlsbad's legally derived sales tax revenue. , F CARLSBAD WS.EGE&ME!? 25. AGENDA BILL #5300 - 208 STUDY - WATER '*51 MANAGEMENT PLAN 20.1 STUD.Y - WASTEWATER RECLAMA- TION STUDY. This item was taken out of order and discussed following Item No. 12 on the Agenda. 26. AGENDA BILL #5274 - PERIPHERAL CANAL - [621 SENATE BILL 346. Council discussed the fact that the California Farm Bureau opposes the Bill in that they feel it will not accomplish the building of the Canal. Following brief discussion as to their feelings of whether the Bill will accomplish the building of the Canal, it was moved that the following Re-solution be adopted: failed for lack of a majority. 27. AGENDA B1L.L #5277 - APPOINTMENT OF PLANNING [761 COMMISSIONER. Mayor Frazee stated the names of Bruce Buckner, Alvin Broido, Donald Yerkes and Patrici.a Lowry and been recommended for nomination at the previous meeting by Council. He .requested that each Council member vote for three at this time. Councilwoman Casler recommended Alvin Broido, Donald Yerkes and Patricia Lowry. Mayor Frazee recommended Bruce Buckner, Donald Yerkes and Patricia Lowry. Councilman Lewis recommended Bruce Buckner, Alvin Broido and Donald Yerkes. .Councilman Packard recommended Bruce Buckner, Alvin Broido and Donald Yerkes. Councilman Skotnicki recommended Alvin Broido, Donald Yerkes and Patricia Lowry. Mayor Frazee then requested Council to vote for one of the two receiving the highest number of recommendations, those being Alvin Broido and Donald Yerkes. Councilman Skotnicki recommended Alvin Broido. Councilman Packard recommended Donald Yerkes. Councilman Lewis recommended Donald Yerkes. Mayor Frazee recommended Donald Yerkes. Councilwoman Casler recommended Donald Yerkes. The following Resolution was adopted: Mr. Donald Yerkes. .'a )r Janu c2xwGIbMEf; - 10 - CITY COUNCIL ADDITIONAL BUSINESS: Councilman Packard reported on the recent meeting of the Sewer Committee. He stated they were recommending the deletion of Condition #4 and allowing a period of ten days in which new appli- cants may. apply for allocation. Further .they were recommending the Industrial and Commercial categories remain as they are, keeping the unallocated portions in reserve for same. In addition the recommendation included allocating by pbir,ts. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:31 A.M. Respectfully submitted,