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Q,>%$ ,%< '.2', '; il.2 Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 7:OO P.M. k$"3.-.. ;:: v:\ Date of Meeting: February 7, 1978 Place of Meeting: Council Chambers yz4 - i$, b!, y '3 ~~~~~~~~~.*~~~~~,~~~~~~~~~~*~~"-~*~~,~~~~.~.~,~~,~,~~~~~~~~~~~ ~~~~~~,.~~.~~~~~~~~~, .~=~~~~"-,~~~~~~~.-.~~~.~~~~~~.~~.~,~.~,~~~~,~-~:~~~~~~~~.~~.~. .~,~,~,"~.~~~~~~*~~~~~. +x%A'..%s.?;.,*s
ROLL CALL: !Present \X !X 1 X
INVOCATION was given by Councilman Packard. ij
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PLEDGE OF ALLEGIANCE was given. I Ill ': B 6
82. APPROVAL OF MINUTES: (Approved by one motion) Motion [ [ 1 I 88.
' Minutes of the regular meeting held January 17, [Ayes [X {x [ x 1978, were approved as presented. II ,tu
Minutes of the adjourned regular meeting held IAyes I ixlx January 24, 1978, were approved as corrected. Abstain !X [ I
Minutes of the special meeting held January 31, 'Ayes 1978, were approved as presented.
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1 rq B #x fx ; x 1 z tij ti4 PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I iq
Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $378,999.45; Water Department $4,445.36; Net Payroll Transfer $107,058.03; for a total of $490,502.84, as certified by the Director of Finance and approved by the Auditing Committee.
Ratification was given the payment of the Payrol in the amount of $107,058.03 for the period January 9, 1978, through January 22, 1978, as certified by the Finance Director and approved by the Auditing Committee.
Mayor Frazee indicated that due to the length an complexity of the 'agenda some item,s may be taken out of order.
CONSENT CALENDAR: I t
Councilman Lewis requested that Item number 3 be removed from the Consent Calendar for discussion. Councilman Skotnicki requested the removal of Item number 8 from the Consent Calendar for dis- cussion. The following items, with the exception of Item 3 and Item 8, were approved by one motion affirming the action on the Consent Calendar:
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AGENDA BILL #3542 - Supplement #6 - INNER CITb
HOUSING AND COMMUNITY DEVELOPMENT GRANT. Councils approved Public Works Project Change Order No. l,!. accepted the work, and requested the City Clerk I to record the Notice of Completion and release E the bonds thirty-five (35) days after recordation;. f
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[;:;I hEWALKS - CONTRACT No. 1040 - SECO'ND YEAR a i/f
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2. AGENDA BILL #5250 - Supplement #'2 - REQUEST FOR TRANSFER OF APPROPRIATIONS - CONSULTANT SER- i VICES FOR AGUA HEDIONDA LAGOON MAINTENANCE PROGRA~. Resolution No. 5293. authorizina the transfer of 1 ~ ~ ~ .~ funds for consultani services for Aqua Hedionda G -. il ~ ".~ " ".". _.
Lagoon Maintenance Program, was adopted. I k B g 1
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AGENDA BILL #5290 - Supplement #1 - MESA [81] 4. DRIVE RESERVOIR SITE. Council authorized the appointment of Real Estate Science Co.rporation as appraisor for the Mesa Drive Reservoir Site.
a ~991 5. AGENDA BILL #2207 - Supplement #8 - SEWER LATERAL THROUGH PRIVATE EASEMENT - PALOMAR AIR- PORT BUSINESS PARK. Council authorized Palomar Airport Business Park to utilize a private sewer easement to serve Parcel A of MS 363 at such tim as sewer service becomes available; and waived the need for an agreement regarding future sewer costs.
[96] 6. AGENDA BILL #5314 - "YIELD" 'CONTROL - NUEVA CASTILLA WAY AT LEVANTE STREET. Resolution No.
5295, designating "Yield" control on Nueva Castilla Way at its intersection with Levante Street, was adopted.
Road and on Corintia Street at its intersection with Alga Road, was adopted.
AGENDA BILL #5317 - CLAIM AGAINST THE CITY - [411 &STIN GILBERT. Resolution No. 5298, denying a I claim against the City, was adopted.
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10. AGENDA BILL #5318 - CLAIM AGAINST THE CITY - [411 CHARLES R. PIETY. Resolu.tion No. 529.9, denying I
a claim against the-City, was adopted.
Agent of the City to invite bids for fire hose,
. was adopted.
[SI] 12. AGENDA BILL #5320 - DISPOSITION OF OBSOLETE VEHICLES. Resolution No. 5301, declaring vehicle as obsolete and authorizing the disposal of such items, was adopted.
13. AGENDA BILL #5321 - REFUND OF OVERPAYMENTS. 1 Council authorized payment of requested refunds i of charges made by the City as follows: $2.74 toe Jeff Blankership for overpaid closing water bill;$ Y $7.26 to Carlsbad Properties for overpaid closing! water bill; $153.38 to Covington Coinmark for I overpaid closing water bill; $150.00 to S. E. I Horworth for Death Valley Trip refund; $16.00 to 1 Laura L. Elden for cancelled whale watching trip $8.25 to Anne Duering for cancelled whale watch- ;! ing trip; $15.00 to Aida L. Mix for cancelled [ Jazzercise class; $24.00 to Georgia Nelson for 1 cance'llation for 'whale watching trip; $16.00 to [ Margaret Gannon for cancelled whale watching tripi
Death Valley trip. I'
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1 and $150.00 to Barbara D. Spwegin for cancelled I 1 1 f B
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February 7, 1978 ,~~~~~~*~~,-~~~~~~~~~~ i ~~~:-~~zur~~
ITEMS REMOVED ,FROM CONSENT CALENDAR:
[84] 3. AGENDA BILL #5259 - Supplement #1 - PURCHASE OF PICKUP TRUCKS.
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Councilman Lewis stated he requested this item removed from the Consent Calendar in order to question whether more money could be realized by going out to bid and selling the old trucks rather than trading them in on the new trucks.
Staff response indicated the matter was question able, but would be researched prior to the next similar situation.
The following Resolution was adopted:
RESOLUTION NO. 5294, ACCEPTING A BID AND AUTHOR- IZING THE EXECUTION OF A CONTRACT FOR FIVE PICK- UP TRUCKS, said contract beins with Weseloh - Chevrolet.
[so] 8. AGENDA BILL #5316 - UNEMPLOYMENT INSURANCE.
Councilman Skotnicki stated he had requested the item removed from the Consent Calendar in that he would like additional data. Wherein staff was recommending a particular method for financ- ing the City's participation in unemployment insurance, there was no background information cjiven as to reasons for selecting that particula method.
Jerry Pieti, Personnel Director, responded to the request outlining the various optional metho of payment and estimated cost of each.
Councilman Skotnicki then referenced the memoran
dum from the Personnel Director to the City Manager dated January 23, 1978, and the portion addressing "manpower requirements", and expresse the feeling that it would not require additional employees.
The following Resolution was adopted:
RESOLUTION NO. 5297, SELECTING THE.LOCAL PUBLIC ENTITY EMPLOYEES FUND METHOD OF FINANCING THE CITY'S PARTICIPATION IN UNEMPLOYMENT INSURANCE.
D EXECUTIVE SESSION: .. 1
I B Mayor Frazee called an Executive Session at 7:20 P.M. for the purpose of discussion litigation. Council reconvened at 7:57 P.M. with all Council
litigation had been discussed and no action was taken.
Mayor Frazee announced that Item No. 21 would be taken out of order and discussed at this time.
i members present, and the Mayor announced that
I Mayor Frazee then relinquished the Chair to Vice i:
L t, Mayor Lewis due to his SDG&E holdings. ~
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February 7, 1978
[113] 21. AGENDA BILL #3625 - Supplement #1 - REQUEST
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FOR FINAL BUILDING PERMIT APPROVAL ON SINGLE - STACK - SAN DIEGO GAS & ELECTRIC CO.
The Planning Director gave the staff report referencing the conditions of Ordinance 9456-, the letter from the Air Pollution Control Office and the letter from Dr. John R. Goldsmith.
Council recognized Mr. William Simmons, Air Poll tion Control Officer, County of San Diego, 9150 Chesapeake Drive, San Diego, CA. Mr. Simmons stated the additive did solve the fallout proble and studies now completed indicate there are no toxic effects.
In response to Council questions, he indicated permits issued to SDG&E with regard to the equip ment necessary for the additive will probably be conditioned as well as occassional testing to insure the additive being used is the same as approved. He further stated the Air Pollution Control District had received no claims of pro- perty damage attributable to fallout since use of the additive.
Mr. Simmons .also stated he had contacted Dr. Goldsmith in regard to the last paragraph on the first page of Dr. Goldsmith's letter. In that discussion Dr. Goldsmith had stated that wherein the particulate size was smaller as a result of the additive, there is no evidence of it being a problem or affecting health. However it is felt the additional tests may be of b.enefit in the future.
Vice-Mayor Lewis indicated several citizens had requested the opportunity to speak on this matt and they would be heard from at this time.
Council recognized Mrs. Lois Boncer, 5219 El 'Arbol Drive, Carlsbad. She explained the problem she and various neighbors have had with regard to claims they have filed with San Diego Gas & Electric, and their dissatisfaction with the results of same. She expressed the feeling that the fallout problem has not been solved.
Mrs. Boncer continued by referencing the various reports on file in the Library, her research of same, and attempt to determine why th'ere still exists a problem from corrosion in the Terramar area. She expressed concern about the size of ' the particulates and their possible harmful affec to health. She concluded by stating the problem area was Terramar; therefore, a monitoring statio should have been located in that area.
Council then recognized Mr. J. B. Hassan, 5262 Carlsbad Boulevard, Carlsbad. He stated he was told by a representative of San Diego Gas & Electric and a representative of the Air Pollutiob Control District that the discoloration of his i house was not the result of fallout. Mr. Hassan did not agree and was in the process of having 4 scrapings analyzed by a private laboratory. He 5 expressed the desire that final action not be takbn by Council pending the results of the analysis. d
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Mr. Hassan also expressed concern about the possible unknown health affects.
Council recognized Mr. George Flanders, 2168 Chestnut, Carlsbad. Mr. Flanders requested Council postpone a decision on the matter until such time as the following has been accomplished 1. The City hire an independent consultant to analyze the reports on file in the Library; 2. Ask the State Air Resources Board to review the matter; 3. Allow staff and Council ample time to review the various reports furnished. 4. Hold a public hearing on t.he matter.
Council recognized Mr. Robert Lacy, Manager of Generation Engineering, San Diego Gas & .Electric Company. Mr. Lacy stated they have worked for two years to resolve the fallout problem, and have reduced the fallout damage by over 90%.
In response to Mrs. Boncer, Mr. Lacy stated evidence had been presented to Cou re the fallout reduction. Further, samples and tests were taken in the stacks themselves. In addition, there was a monitor located at 5200 Los Robles Drive in Carlsbad. Hd continued stating only those claims had been paid which were determined valid by their highly-trained p,ersonnel.
In response to Mr. Hassan, Mr. Lacy stated if the results of his,analysis showed the discolora- tion was a result of fallout, SDG&E wpuld paint his house and pay for the lab work.
Mr. Lacy concluded his report by stating since there seemed to be concern about the use of manganese, SDG&E would not use manganese.
Council discussion related to whether in fact the
additional conditions and requirements could be placed on SDG&E.
It was moved that the Air Pollutio cer be asked. to require the c study referred to by Dr. Gold dated January 12, 1978 to the satisfaction of the Health Department; and that the Air Pollution Control District Officer be asked together with representatives of SDG&E to conduct a survey of people in the immediate vicinity of the power
plant to determine if the fallout problem has been cured. The motion failed for lack of a majority.
'fallout problem had been resolved and whether
r Council discussed the possibility of obtaining a written reply from the Health Department which would clearly state that there are no adverse effects from the additives that are being used
Also discussed was the possibility of delaying
Terramar agree the problem has been solved; as well as the question as to whether this could ever be achieved.
t approval until such time as all residents of
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The following Resolution was adopted:
RECESS: Vice-Mayor Lewis called a recess at 9:45 P.M. and Council reconvened at 9:55 P.M. with all Council members present.
ORDINANCES FOR INTRODUCTION:
was- waived.
The following Ordinance was introduced for a first reading only:
TO CONDUCT BINGO GAMES.
[77] 15. AGENDA BILL #5294 - Supplement #1 - REQUEST
(ORDINANCE NO. 7048) JOHN C. WHITE FOR SAM TO AMEND APPLICATION MORATORIUM OR-DINANCE -
-PRIESTLY, LINCOLN MERCURY.
The City Manager indicated that wherein the .Pub- lic Facilities Element of the General Plan states that public facilities will be available at the time of discretionary action, Council may want to consider amending the General Plan.
The following Ordinance was introduced for a fi.rst reading only:
PUBLIC HEARINGS:
APPELLANT - ROSS WINTON. ZC-l86(A). ! 2 1
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[113] 16. AGE,NDA BILL #5322 - Cont'd.
The Assistant Planning Director gave the staff report on the matter with the aid of a trans- parency showing the location of the property and the property owners that desired the zone
He then displayed a second transparency showing the zone change as modified by the recommendatio
of Mr. Winton.
Mayor Frazee asked if anyone wished to speak on the matter and declared the public hearing open.
R. Thomas Wood, 800 Grand Avenue, Suite C-7, Carl sbad, attorney representing 'the appellant, addressed Council. He gave the background of the requested zone change from the initial time of the request to date. He expressed the opinio that the modified zone change request would be appropriate in that the rezoning for the propose 10 lots would be appropriate, compatible, and consistent with the nearby lots.
Mr; Wood presented a petition to Council.signed by owners of six of the lots requesting the zone change. He stated the opposition to the rezonin was due to increased traffic and impact on the area. He concluded by requesting that staff research the matter and determine what, if any, actual impact will result in the area.
Council recognized Mr. John McGill, 4.340 Highlan Drive, Carlsbad. Mr. McGill spoke in opposition to the zone change in that th.e current zoning. reflects a life-style which attracted the curren property owners, and should not be changed.
Mr. Dave Mulgrew, 1006 Marine View Drive, Vista, addressed Council. He stated his parents own property in the area in question. He feels it is a unique area and should not be rezoned.
Mr. Kenneth Capps. 1175 Hoover Street, Carlsbad, addressed Council. He stated there is a demand for spacious lots and homes on same, and expresse opposition to the zone change.
Mr. L. W. Rash, 4156 Highland Drive, Carlsbad, addressed Councii. He expressed conc'ern that any zone change in that area would set a prece- dent, and requested the zone change be dewied.
Mr. Dick Shlemmer, 4264 Highland Drive, Carlsbad, addressed Council. He stated he.drives 100 miles a day in order to live in that area with the current zoning, and requested the zone change be
Mr. A1 Katich, 4179 Highland Drive, Carlsbad, addressed Council. He indicated he likes the area as is and does not want to see it change due to rezoning.
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Mrs. Sally Katich, 4179 Highland Drive, Carlsbad addressed Council. She expressed concern about the precedent-setting nature of the matter, and requested the zone change be denied.
Mr. Wood, attorney representing the appellant, again addressed Council. He requested Council to direct the staff to re-evaluate the matter to determine any possible impact on the surrounding
Since no one else wished to b closed the public hearing at 11:OO P.M.
Council discussed the area and possible effects which may result from rezoning.
Council directed the City Attorney to prepare the necessary documents denyi ZC-l86(A) by Ross Winton.
Mayor Frazee stated Item No. 29 would be taken out of order and discussed at this time.
[85] 29. AGENDA BILL #5093 - Supplement #1 - NOISE PROBLEMS.
Mr. Frank Mannen, Administrative Assistant, gave the staff report outlining his memorandum to the
City Manager dated January 26, 1978. He then Fesponded to questions regarding the type of equipment to be recommended, and possible readin effects due to freeway noise.
Council discussed at length the possi'bility of utilizing a permit procedure for boats on the -lagoon, as well as the possible implementation problems which may result from such a process.
Mayor Frazee indicated a number of citizens had requested the opportunity to speak re the matter, and they would be heard from at this time.
Council recognized Lee Lathrop, 4145 Harrison, Carlsbad. Mrs. Lathrop spoke in favor of the .
City purchasing noise metering equipment, but expressed the feeling that there may be problems with only one meter being used for the lagoon and construction areas. She spoke in opposition to implementation of a permit process, and con- cluded by expressing the need for add'itional markers in the lagoon.
Council recogn'ized Mr. John Hennigar., 1230 Stratford Lane, Carlsbad. He spoke in opposition to utilizing a permit process, and expressed the feeling that the officer now on duty with the aid of a noise meter could handle the problem.
Council recognized Mr. Harry Hess, Cove Point, Carlsbad. He indicated he was representing 40 families in Bristol Cove, and they favored the purchase of noise metering equipment and any additional attempts to decrease the noise.on the
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Council recognized Mr. J. J. Book, 1880 Valencia Carlsbad. He stated the acceptable noise level for boats by the State is loud and urged Council not to implement a permit process.
The following Resolution was adopted:
RESOLUTION NO. 5305, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURCHASE OF SOUND LEVEL MEASURING EQUIPMENT.
Council discussed the proposed Ordinance No. 808 and expressed the feeling that in the attempt to regulate construction noise, had resulted in an 1 Ordinance that was too restrictive on homeowners who may desire to work on their homes on the weekends.
It was the concensus of Council that the matter be returned to staff for preparation of an Ordi- nance that would not restrict homeowners from working on their homes on the weekends.
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[lo51 HOUSING AUTHORITY:
Council adjourned to the Housing Authority at 12:09 A.M. and reconvened at 12:17 P.M. with all Council members present.
ADJOURNMENT:
By proper motion, the meeting was adjourned at 12:19 A.M. to Wednesday, February 8, 1978, at 7:OO P.M. in the Council Chambers, to complete the items on the Agenda.
Respectful ly submitted, TTdFY- MARG RE E. ADAMS, i ty Clerk 'Lee Rau enkranz, Recording Secretary
*Councilman Skotnicki requested and Council con- curred that the minutes include that there was a concensus of Council that a letter be submitted to the State.Health Department by the City Manage requesting they state in unequivocal terms that there would be no adverse health impacts from use
of the additive used in reducing the acidic fa11 out; further, that the Resolution reflect the necessity of a. survey of the residents Terramar area to determine their opinio the.correction of the acidic fallout.
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