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HomeMy WebLinkAbout1978-01-17; City Council; Minutes. -- . .. .. . . c%x.”E%MEb ROLL CALL: Mayor Frazee expressed sympathy to city employee Tony Mata, whose father, Feleciano Mata, recent1 passed away. INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. PRESENTATION OF PROCLAMATION: blayor Frazee read and presented a Proclamation to Ms. Jean McAllister, declaring the week of January 16 through January 22, 1978, as Drug. Abuse Prevention Week AGENDA BILL #5301 - PRESENTATION OF SERVICE PINS TO CITY EMPLOYEES. Mayor Frazee presented service pins to the For 5 years service: Helen Bainville Bernard Thomas Lucille Wood Paul Chi lders Mike Zander Michael Donne1 ly Bob Nelson Orvil Hale Emi 1 e P1 ude Joseph Hasenaur Ti’m Fl anagan James Hawk Ed Smertel ny Mil 1 iam Huntington Rodney Sawyer Larry Johnson Reginald Rodriguez Robert McGuigan Tom Hawks Ramon Tru j i 11 o Allen Vas Ruth F1 etcher Ricardo Castro Jerry Pieti George Crane Vincent F. Biondo, Jr. For 10 years service: Donna McClain Gene Nilsen Virginia Schuldt Paul Partain Hank Sanchez: Geraldine Spangler For 15 years service: Bobby Neely For 20 years service: Carlos Ramos John Garcia Julie Almack -Howard Col 1 ins Margaret Adams APPROVAL OF MINUTES: (Approved by one motion) Minutes of the adjourned regular meeting held December 22, 1977, were approved as presented. Minutes of the regular meeting held January 3, 1978, were approved as presented. rnFcPf' ertMEP -2- PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: by the Auditing Committee. CONSENT CALENDAR: Councilman Skotnicki requested that Item No. 3 be removed from the Consent Calendar for dis- [53] 1. AGENDA BILL #5207 - Supplement #3 - ACCEPTING AMOUNT OF $100,003 FOR CORPORATE SURETY BONDS - DANIELS CABLEVISION. Council set the bonding amount.for Daniels Cablevision at $100,000.00. [48] 2. AGENDA BILL #5257 - Supplement #3 - GENERAL MUNICIPAL ELECTION - CHANGING HOURS POLLS WILL BE OPEN/ESTABLISHING POLLING PLACES AND APPOINT- ING ELECTION OFFICERS. Resolution No. 5287, amending Resolution No. 5263, calling and giving notice of the holding of a General Municipal Election in said City on Tuesday, the 7th day of March, 1978, by revision Section 4 to provide that polls will be open to 8:OO O'clock on said day, was adopted. Resolution No. 5288, amending Resolution No. 5263 as amended by Resolution No. 5287, calling and giving notice of the holding of a General Munici- pal Election in said City on Tuesday, the 7th day of March, 1978, establishing voting precincts, was adopted. [84] 4. AGENDA BILL #5303 - PURCHASE OF (20) FIREARMS [SO] 5. AGENDA BILL #5304 -. STATE COMPENSATION FUND. Resolution No. 5289, authorizing the transfer of funds for Workmen's Compensation Insurance, was [SO] 6. AGENDA BILL #5305 - REFUND OF OVERPAYMENTS. Council authorized the requested refunds of over- payments of charges made by the City as follows: $14.12 to Michael Grew for overpaid closing water bill; $40.62 to Robert J. Cook for overpaid clos- ing water bill; $17.51 to R. D. White for over- paid closing water bill; $6.69 to D. Presley for overpaid closing water bill; and $2.44 to Consumark, Inc. 'for .overpaid closing water bill. ~. . . .. . " . .. CITY OF CARLS GQkbNC&LME% -3- ITEP.1S REMOVED FROM CONSENT CALENDAR: Councilman Skotnicki stated he had requested the item removed from the Consent Calendar in order to take exception to subparagraph D2 on Page 3 of the proposed agreement. He expressed the feeling that. the Vice-chairman should be selected from the elected officials. As currently pro- posed, the Vice-chairman is the only member that is not an elected official. transmitted to the appropriate County office. ORDINANCES FOR ADOPTION: The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 1207, AMENDING TITLE 2, CHAPTER SATION OF THE MEMBERS OF THE CITY COUNCIL. PUBLIC HEARINGS: E771 8. AGENDA BILL #5181 - Supplement #1 - CONDO- MINIUMS - CONDOMINIUM CONVERSIONS. The Planning Director gave the staff report ex- pressing staff's concern that there exists no -standards for condominiums and a number of in- quiries are being received. The Mayor declared the public hearing.open and asked if anyone wished to be heard on the matter. Mr. Hal Pollard, 10415 Fuerte Drive, La Mesa, CA, addressed Council. He expressed the opinion that the moratorium would be inappropriate at this time. He stated there are only two projects in progress at this time and it is his opinion that staff has enough information to establish the standards. Mr. Fred Morey, 2623 Abedul St., Carlsbad, CAY addressed Council. Mr. Morey expressed concern that the development of standards for condominium will apparently take a long period of time. He indicated there should be subjective review of what a condominium should be. In addition, he questioned if this would stop all duplex condo- minium subdivisions. -. . ' , . , ,. . . . . . ., .. ~ ,.. .. .. . .. .. . . F CARLSBA c%,x&KfLMEt -4- Mayor Frazee then acknowledged receipt of a letter from Rick Engineering re the matter and read same. Since no one else wished to be heard, the Mayor closed the public hearing at 7:37 P.M. In response to Council questions, staff clarified the fact that those projects already in process or having received: previous tentative approval Council discussed at length the amount of time necessary to create such standards and expressed the hope that the condominium standards would be created with expediency. The following Ordinance was adopted: DEPARTMENTAL AND CITY MANAGER REPORTS: [g3] 9. AGENDA BILL .#5306 - RECONSIDERATION OF ACTION ON FIRST PHASE SEWER ALLOCATION SYSTEM - KAMAR CONSTRUCTION. The Planning Director gave the staff report referring to the reports furnished to Council on the matter. Council recognized- Mr. Nicholas Banche, 3464 Ridgecrest, Carlsbad, attorney representing the applicant. Mr. Banche read a newspaper report and the excerpt from the minutes of December 20, 1977, when the appeal by Kamar had been heard. Re further indicated the original request for a reimbursement agreement had taken place in 1972, and to date no action had been taken on same. He then referred to a wall exhibit which showed the development as well as the area out- side the development that benefits from the oversized lines that were constructed. He con- cluded by requesting Council make the findings that the oversizing of the lines meet the criteri of 4b in the Allocation System. Council discussed what costs would actually be reimbursed to a developer under a reimbursement agreement, and whether other development had occurred in the area which may have been affected by a reimbursement agreement. Discussion also related to the oversizing of lines which benefits .. ,. . .. ' :. . .. . ... " . . ,. . .. .. - :. .. " - - . . . ... CITY OF CARkS5AD . .- . COh)NCtikAEh -5- Council made the findings that the Kamar Con- struction Company sewer application had been denied in error and does in fact qualify for allocation. 10. AGENDA BILL #5307 - SAN DIEGO COUNTY CANDI- DATE GROWTH AREA. The Planning Director gave the staff report on the matter. Council recognized Lircille Moore, Chairwoman of the Board of Supervisors. Ms. Moore gave a brie background of the matter indicating the potentia growth of areas was considered relative to the availab-ility of services such as water, sewerage transportation and schools. She' expressed the feeling that the County does not belong in Urban Government; that as an urban community begins to develop, it should be either in cooperation with the city whose boundaries are adjacent, or by annexation to that city. She emphasized the fact that the efforts toward development of a Growth Management Policy should be in a spirit of cooperation with cities and special districts Ms. Moore then introduced Flr. Dave Nielsen, Director of the Growth Management Team; Mr. Nielsen gave a brief report indicating there are safeguards built in the plan to insure that ctevelopment occurring is compatible with the plan of the city surrounding the area, or by annexation. Council discussion related to whether the Growth Management Policy is being coordinated with the 208 Program and other programs that have growth management imp1 ications. Council further ex- pressed concern about the rating in the Policy- and its effect on the cities total growth plan and General Plan and ability to make decisions relative to the use of those properties. Counci questioned what types of improvements could be made by the County that would possibly hasten would include Council's concerns, returning said " RECESS: Mayor Frazee called a recess at 9:04 P.M. and Council reconv-ened at 9:17 P.?1. with a1 Council members present. Pub1 ic Works Council recognized Mr. John McGill, 4340 Highlan improvement ord-inance. ITy OF CAR&Sf=JA mN.fC&veEp - 6. - Mr. McGill stated it was his understanding that Highland Drive was not to be widened. However, when Mr. Guardamondo on Highland requested ex- ception from the Ordinance last year, his reques was denied. Therefore, land was dedicated to th City and he was required to make the improvement In conclusion, Mr. McGill requested that Council rescind any and all dedications of land on High- land Drive and either compensate Mr. Guardamondo for his expenses he incurred on the improvements, or return his property to its previous state. In response to Council questions, staff indicated there had been a number of problems with Mr. Guardamondo's request other than the 5 foot dedication. Council discussed the fact that during considera- tion of the Agua Hedionda Specific Plan, they had indicated they would not support Highland being constructed to a four-lane road. However, they did not oppose its construction to a sa.fe, two- lane street with sidewalks. NB action was taken by Council. [70] 12. AGENDA BILL #5250 - Supplement #1 - RECOM- [45] FIENDED AWARD OF CONTRACT FOR CONSULTANT SERVICES AGUA HEDIONDA MAINTENANCE PROGRAM. The Public Works Administrator gave a brief staff report on the matter indicating an extensive study may be needed in the future, but is not necessary at this time. Further, at such time as it is necessary for an extensive study, the San Diego Gas & Electric Co. and Corps of Engi- neers would be contacted re same. The following Resolution was adopted: ASSOCIATES FOR CONSULTING SERVICES RELATIVE TO A [93] 13. AGENDA BILL #5308 - SEPTIC TANK SYSTEMS AS ALTERNATE METHOD OF SEWAGE DISPOSAL. The Public Works Administrator gave the staff report outlining the Memorandum from the City Engineer to the City'Manager dated January 10, 1978, and the recommendations contained therein. Council questioned allowing industrial and commercial to use septic tank systems and the feasibility of limiting such systems to minor subdivisions. Council further questioned the possibility of l'imiting the use of septic systems to those areas on the infill map. In addition, Council expressed concern about the implied obli- gation of those developed under septic systems to hook UP to sewer. iTV OF CARLSBA c€wNGILMEb -7- Mayor Frazee indicated a 1 etter had been received from Rick Engineering on the matter, and read City Manager The City Manager gave a brief introduction of th matter. He indicated since Coded Communications had changed their proposal, the other companies had been given the opportunity t-o modify theirs. In response, to Council questions, the Purchasing Agent indicated the changes made were in the areas of expandabi 1 i ty and avai 1 abi 1 i ty . These changes were made .by Coded Communications. The other companies had made no modifications to their proposals.. Mr. Kenneth Fieler, Fieler & Associates, 8473 Canterbury Avenue, Sun Valley, CAY consultant, responded to Council questions indicating Coded had made no changes in the equipment. He furthe explained the method used for rating Coded in that they have never manufactured this type of equipment previously. Following brief discussion, the following Resolution was adopted: EQUIPMENT, said contract to be with Motorola Communications and Electronics. The City Manager gave a brief report on the Council questioned how much it costs 'to turn off the water on an account, how many delinquent accounts currently exist, and what additional steps would be necessary to handle deposits. Council approved staff's recommendation as accounts. 8TY F CARL$FJF\ -8- January 17, 1978 Ti [32] 16. AGENDA BILL #5310 - ON SALE BEER LICENSE APPLICATION - 2972 STATE STREET. D D The City Manager indicated a letter had been re- ceived from Otto H. Bandemer, attorney represent ing Mr. Abel Garcia, requesting a continuance of the matte.r. The City Manager continued stating there is a time limit in which to file protests, and continuance of the matter may result in ex- ceeding that 'ti'me limit. Therefore, the Council may wish to hear the matter. If, as a result, a protest is filed, sai'd protest could be rescinde if Council desires after hearing presentation of the applicant at a later date. It was the concensus of Council that the matte be discussed at this time. The Redevelopment Coordinator gave the staff re- port outlining the Memorandum to the City Manage dated January 13, 1978, and referencing the mora torium Ordinance No. 9486 which applies to the applicant's location. Council recognized Mr. Girard Anear, 3701 West- Haven Drive, Carlsbad. Mr. Anear indicated he had taken a public opinion poll of people in the area regarding the desirability of reopening the bar. He presented the poll to the City Clerk. CQuncil recognized Mr. Garcia, the applicant, who indicated he was aware of the previous pro- blems in the area, and his feeling that they could be controlled. Council questioned the possibility of including in a protest such information as its detrimental affect on the City's downtown redevelopment effort-s, as well as referencing the other busi- nesses in the area protesting the issuance of the license. Council authorized the Mayor and staff to protes the issuance of an alcoholic bev:erage license at 2972 State Street, and instructed Mr. Henthorne, the Redevelopment Coordinator, to represent the City at the hearing before the Alcoholic Beverag Commission. 0 Further, Council instructed staff to prepare the necessary documents requiring all such types of establishments to be pl-aced under CUP processes. I) 1[371 17. AGENDA BILL #5285 - COUNCIL MEETING SCHEDUL Council discussed whether changes in the meeting schedules should be made at this time or after the March election. Mayor Frazee stated that since he was not running for re-election, he would .absta.in on the matter. Council discussed the pros and cons of meeting i the day versus meeting at night, as well as the possibility of a combi'nation of the two. It was suggested that the items of public interest be handled at night while those items of routine nature be handled during the day. ~~-~~~&=k I .- . .. . . .. .. I" OF - CARLS -Y- January 17, 1978 II I Also discussed was the possible restrictions that would be placed on those running for Counci if day meetings are held. 0 It was moved that Council remain on the same schedule, and instructed staff to place the item on the agenda again after the election. m [28] 18. AGENDA BILL #5311 - APPOINTMENT TO CITY OF CARLSBAD HOUSING COMMISSION. I This item was continued to the next regular meeting. [io31 19. AGENDA BILL #5312 - APPOINTMENT TO CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION. c41 I ~ I This item was continued to the next regular meeting. 20. AGENDA BILL #5313 - CLAIM AGAINST CITY - MAY STORES SHOPPING CENTERS, mc., BERNARD CITRON, HENRY FRANK, JR. , FRED BARTMAN, JR., ET AL. It was -indicated this item would be discussed at the end of the meeting in Executive Session. CITY COUNCIL ADDITIONAL BUSINESS:' .. . Councilman Skotnicki referred to his memorandum dated January 16, 1978 re Council Work Program Objectives for 1978, and requested Council con- sideration of same. I Councilwoman Casler reported briefly on the Senior Citizens Association. 0. 0 Mayor Frazee referenced an invitation from Oceanside Federal Savings to their ribbon-cuttin ceremony at Carlsbad Plaza on January 20, 1978. CITY ATTORNEY ADDITIONAL BUSINESS: The:,City Attorney reminded Council of the dead- line for filing their Campaign Statements. EXECUTIVE SESSION: Mayor Frazee called an Executive Session at 12:30 A.M. for the purpose of discussing possibl litigation. Council reconvened at 1:03 A.M. and the Mayor announced that litigation had been 1 discussed. ! [41] Council recommended that staff take no action or the claim by May Stores Shopping Centers, Inc., et al, and instructed the City Manager to insti- gate the necessary proceedings to consider the vacation of the subject property. cXmNG!tMEG. I . .- . . .._ rnNCftMEt’( ADJOURNMENT: By proper motion, the meeting was adjourned .at 1:04 A.M. to Tuesday, January 24, 1978, at 7:OO P.M. in the Council Chambers. Respectfully submitted,