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HomeMy WebLinkAbout1978-03-08; City Council; Minutes1,. :. .. .. CITY OF CARLSBAD" . ' UNNCILMEI I B D N-eeting Time of Date of Place o of: CITY COUNCIL (Adjcru.rned Regular Itleeting) Meeting: 7:OO P.M. Meeting: March 8, 1978 f Meeting: Council Chambers Loo ROLL CALL: INVOCATION was given by Councilman Packard. Presenl PLEDGE OF ALLEGIANCE was given. APPROVAL.OF MINUTES: Minutes of the regular meeting held February 21, 1978, 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 as follows: City Operations $?35,588.94; Water Department $5,167.64; Net Payroll Transfer'$108,015.65; for a total of $348,772.23, as certified by the Director of Finance and approved by the Auditing Committee, ~ Motion Ayes Ratification was given the payment of the pay- Moti.on roll in the amount of $174,060.76 for the period Ayes February 6, 19-78 through February 19, 1978, as certified by the Finance Director and approved by the Auditing Committee. CONSENT CALENDAR: ,Councilman Lewis requested that Item No. 3 be "removed from the Consent Calendar. The follow- ing items, with the exception of Item No. 3, were approved by one motion, affirming the actio on the Consent Calendar. Motion Ayes 1 1. AGENDA BILL #5288 - Supplement #l - RECARPET CONTRACT #1044. Resolution No. 5315, accepting bids and authorizing the execution of,Contract No. 1044 for recarpeting the City Council Cham- bers and Police Department, was adopted. COUNCIL CHAMBERS AND POLICE DEPARTMENT - 2. AGENDA BILL #5352 - REQUEST FOR TRANSFER OF APPROPRIATIONS - MISSION BELL STREET LIGHTS. Resolution No., 5316, authorizing. the transfer of funds for the purch.ase of Mission Bell street lights, was adopted. 4. AGENDA BILL #5354 - WILD ANIMALS AND APPRO- PRIATE ZONE ORDINANCES. Council directed the City Attorney to prepare an Ordinance amendment regulating wild animals and private zoos as in- dicated in the memo to the City Manager dated February 22, 1978, and to submit th.e Zone Code Amendment to the Planning Commission for public hearing. 5. AGENDA BILL #5355 - CHAMBER OF COMMERCE SPONSORED FLEA MARKET. Resolution No. 5318, temporarily closing certain City streets for a local specialty event, subject to certain con- ditions, was adopted. In addition, the City Manager was directed to cooperate in making the necessary arrangements. X X X X ~ ~ "." """ .. "." .. .," .. . . ". . ~ .. . .. .. CITY OF CARLSBAD'.' COUNCILME - 0 B -2- .. March 8, 1978 CONSENT CALENDAR (Cont'd.) r841 6. AGENDA BILL #5356 - PURCHASE OF REGULATING e451 VALVES. Resolution No. 5319, accepting a bid and authorizing the execution of a contract for the purchase of regulating valves, said contract being with Marden Susco, was adopted. Resolution No. 5320, accepting a bid and author- izing the execution of a contract for the purchase of regulating valves, said contract being with Western Water Works Supply Company, was adopted. e841 7. AGENDA BILL #5357 - PURCHASE OF STREET 1451 SWEEPER. Resolution No. 5321, accepting a bid. and authorizing the executlon of a contract for the purchase of a street sweeper, was adopted. e811 8. AGENDA BILL #5358 - GIFT TO CITY OF CARLSBAD Council accepted the gift and directed staff to prepare an appropriate letter of appreciation on behalf of the City Council. ~501 9. AGENDA BILL #5359 - REFUND OF OVERPAYMENTS. Council authorized payment of requested refunds for overpayments of charges made by the City as follows: $14.00 to Tina E. Dickinson for Patch- work class; $14.00 to Bette L. Anderson for Patchwork Class; $20.00 to Lorraine Healy for Death Valley Trip cancellation;. $150.00 to Mr. and Mrs. A1 Amlick for Death Valley Trip can- cellation; $9.83 to Highland Co. for overpaid closing water bill; $5.92 to E. Pokorski for overpaid closing water bill; $20.52 to George Penfield for overpaid closing water bill; $13.97 to Helix Associates for overpaid closing water bill; $19.50 to Helix Associates for overpaid, closing water bill; $2.89 to Eugene R.. Porter fo overpaid closing water bill; $13.86 to Papagayo Developers for overpaid closing water bill; ' $33.54 to Papagayo Developers for overpaid clos- ing water bill; $43.81 to Papagayo Developers for overpaid closing water bill; $20.21 to Papagayo Deverlopers for overpaid closing water bill; $45.65 to Papagayo Developers for overpaid closing water bill; $13.50 to Somme.rs Develop- ment for overpaid closing water bil.l; $4.87 to Sommers Development for overpaid closing water bill; $218.40 to Eugebio Munoz for overcharges for ready-to-serve,. trash, sewer; $7.50 to Heather Ross for Jazzercise Class; $64.50 to Mr. and Mrs. Bill Gunter for refund on Day Tripper's Trips; and $14.00 to Marge Nuckes for Patchwork Class. ,. Dog Obedience Class; $75.00 to John Maglione for e41 I 10. AGENDA BILL #5360 - CLAIM AGAINST CITY - BRIANBEELER. Resolution No. 5322, denying a claim against the City, was adopted. e41 I 10. AGENDA BILL #5360 - CLAIM AGAINST CITY - BRIANBEELER. Resolution No. 5322, denying a b was adopted. e411 11. AGENDA BILL #5361 - CLAIM.AGAINST CITY - J. GILBERT (CARLSBAD LIQUORS). Resolution No. 5323 denying a claim against the City-;"was adopted. I - ~ "". ~"__" . -."" - I B D .. .. .. .. March [411 ~411 c41 I 141 1 ~871 1451 I [861 CITY OF CARLSBAD.' . ' '. . . COUNClLMEl - .3 - CONSENT CALENDAR (Cont'd.) 12. AGENDA BILL #5362 - CLAIM AGAINST CITY - DAVID L. PETERSON. Resolution No. 5324, deny- ing a claim against the City, was adopted. 13. AGENDA BILL #5363 - CLAIM AGAINST CITY - BRIAN D. MURRAY. Resolution No. 5325, denying a claim against the City, was adopted. 14. AGENDA BILL #5364 - CLAIM AGAINST CITY - JESS C. AND RUTH HORTON. Resolution No. 5326, denying a claim against the City, was adopted. 15. AGENDA BILL #5364 - CLAIM AGAINST CITY - GEORGE STAMAS. Resolution No. 5327, approving a claim against the City, was adopted. ITEMS REMOVED FROM CONSENT CALENDAR: 3. AGENDA BILL #5353 - FIRST AMENDED EMERGENCY GENCY SERVICES ORGANIZATION. Councilman Lewis stated this item was removed from the Consent Calendar in that Council had previously questioned the possibility of the Vice-chairman being selected from elected offi- cials in that the other.rnember-s were elected officials. However, it was felt that this -position on the Unified San Diego County Disas- ter Council should remain as set forth on Page 3, Section D.2 of the agreement in that an elected official may not be readily available in the case of an emergency. The following Resolution was adopted: RESOLUTION NO. 5317, ADOPTING THE FIRST AMENDED Motion EMERGENCY AGREEMENT OF THE UNIFIED SAN DIEGO Ayes x x ~X COUNTY EMERGENCY SERVICES ORGANIZATION AND THE CITY OF CARLSBAD. Mayor Frazee then stated if Council had no ob- jection, item number 31 would be taken out of order and discussed' at this time. , AGREEMENT - THE UNIFIED SAN DIEGO COUNTY EMER- - . AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT FOR 31. AGE.NDA BILL #5328 - REQUEST TO ADDRESS COUNCIL - HUNGER PROJECT - MS. CARRIE DELFINO. Council recognized Ms. Carrie Delfino, who stated the purpose of the Hunger Project is to eliminate death by starvation and hunger within 20 years. She outlined the progress of the Project to date and expressed the feeling that the main problem is just in making people aware of the matter. a 1 .111 D .. . .. .. _" .. . . . " " . . .. :-.. .. . . .. CITY OF CARLSBAD:. -4- March 8, 1978 I PUBLIC HEARINGS: C991 16. AGENDA BILL ii'5340 - TENTATIVE SUBDIVISION MAP CT 77-17 - CONVERSION OF 25 EXISTING APART- MENT UNITS TO CONDOMINIURS - HAL POLLARD. The City' Manager gave a brief introduction of the matter stating due to recent legislation, i order to enforce conditions applied to conver- sions, it was necessary to adopt an appropriate section of the code applying to same. There- fore, staff felt the two proposed conditions relating to fire walls and separate water meter should be deleted in that they would probably not be legally enforceable. The Planning Director then gave a report on the matter indicating this proj,ect had been in process at the time the moratorium on conver- sions had been adopted. In addition, recent State law prohibits use of the General Plan as a reason for denial. The Planning Director explained the location of the project with the aid of a transparency and a wall exhibit. He concluded by stating the project meets all zoning and subdivision, envir mental, and pub1 ic facil ities requirements. .,Mayor Frazee declared the public hearing o.pen and asked if anyone wished to be heard on the matter. Mr. Alan Perry, 1900 Central Federal- Tower, San Diego, Attorney representing the applicant, addressed Council. Mr. Perry expressed con- currance with the deletion of Condition 2 which relates to the fire wall, and Condition 6 which would require individual water meters.. Mr. Hal Pollard, 10415 Fuerte Drive, La Mesa, . applicant, addressed Council. Mr. Pollard stat the most critical factor when cbealing with fire is the response time. In this regard he dis- tributed to Council a copy of a letter from AD1 Security Systems explaining the Automatic Fire Alarm System to be installed in the. project. Mr. Pollard distributed to Council a copy of a memorandum to the Planning Department dated March 6, 1978, in which is explained the cost inv-olved for 'installing individual water meters He indicated the benefits received from individ water meters would be extremel-y min-imal wherein the money could be used for recreational amenities as shown on his Exhibit B-1. In addition, he distributed to Council the comments received from tenants in eight of. the apartments relative to the proposed conversion. In conclusion and summary, he requested that th proposed Automatic Fire Alarm System'be allowed in place of the proposed Conditions 2 and 3; an the recreational amenities be allowed in place of Condition 6. I -. b - - 1 .. COUNCILME1 3 - P#$ TWO - cn I I I " ". .",- " March .. . . .. .. CITY ' OF CARLSBAD'.' COUNCILME Since no one else wished to be heard, the Mayor closed the public hearing. at 7:45 P.M. Council discussed the matter briefly and ques- tioned the one-hour fire rated wall for apart- ments versus the two-hour rated wall for condominiums. memorandum to the City Manager dated February 15, 1978, with the modification of Conditions 2 and 6 as proposed by the applicant. Council instructed staff to prep.are the appro- Motion X priate amendment to the General Plan meeting the Ayes . X X X requirement of Government Code on regulat9on of condominium conversions; and instructed staff to prepare the appropriate ordinances regulating conversions to condominiums. Council expres,sed concern about the possibility of rental units becoming extinct, and questioned whether this could be controlled by zoning. 17. .AGENDA BILL #5350 - TENTATIVE SUBDIVISION MAP - CT 77-18 - CONSTRUCTION OF 19 AIRSPACE CONDOMINIUMS - G. J. LINQUITI. .I ~ The Planning Director gave a brief staff report I on the matter stating this project had been in process prior to the adoption of the moratorium on conversions. He explained the location of the project with the aid of a transparency. He continued stating the applicant had only re- ceived 16 sewer permits for the.19 unit project. Therefore, the Planning Commission had recomrnend- ed processing as a two-phase project; the first phase containing 16 units and the second phase containing 3 units. The City Attorney clarified the fact that the project should be considered as an application for a 16-unit condominium to maintain consisten'cj with applicable City public facilities and ordinances. In this r.egard, he suggested Condi- tion 4 of Planning Commission Resolution No. 1434 be del eted. Mayor Frazee asked if anyone wished to speak on 1 the.matter and declared the public hearing open. Mr. Jerry Linquiti, 2544 Nevara Dr., Carlsbad, agent for the developer, addressed Council. He stated he was informed by the City this could be processed in two.phases and requested it remain as such. Mr. Jack Kubota, P. 0. Box 1095, Carlsbad, re- presenting Mr. Henley of the Carlsbad Municipal Water District, addressed Council. He stated CMWD would be supplying water service to the proposed project. .. . _. I I I 4. CITY . OF - CARLSBAD - , COUNCILME1 lslpl D D -7- March 8. 1978 ~ ~- The following Ordinance was introduced for a first reading only: ORDINANCE NO. 8078, AMENDING TITLE 18, CHAPTER 18.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.12.010 AND 18.12.240 AND BY THE DELETION OF SECTION 18.12.245 TO ADOPT BY REFERENCE THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE SUBJECT TO CERTAIN AMENDMENTS . 20. AGENDA BILL #5331 - ADOPTION OF THE 1976 c301 EDITION OF THE UNIFORM PLUMBING CODE. The Building Director outlined the proposed change to the Uniform Plumbing Code, and reason for same. Mayor Frazee asked if anyone-wish.ed to be heard on the matter and declared the public hearing open. Since no one wished to'speak, the public hearing was closed at 8:39 P.M. The following Ordinance was introduced for a first reading only: ORDINANCE NO. 8079, AMENDING TITLE 18, CHAPTER 18.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.16.010 AND 18.16.130 AND BY THE ADDITION OF SECTIONS 18.16.185 AND '38.16.230 TO ADOPT BY REFERENCE THE 1976 EDITIOI OF THE UNIFORM PLUMBING CODE SUBJECT TO CERTAIN AMENDMENTS. 21. AGENDA BILL #5332 - ADOPTION OF' THE 1976 r301 EDITION OF THE UNIFORM MECHANICAL CODE. The Building Director indicated there were no changes to this code. Mayor Frazee declared the public hearing open matter. Since no one wished ts, be heard, the Mayor closed the public hearing at 8:41 P.M. The following Ordinance was introduced for a first reading-only: ORDINANCE NO. 8080, AMENDING TITLE 18, CHAPTER 18.08 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.08.010 AND THE ADDITION OF SECTIONS 18.08.020 AND 18.08.030, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. . and asked if anyone wished to speak on the 22. AGENDA BILL #5333 - ADOPTION OF THE 1976 [301 EDITION OF THE UNIFORM SWIMMING POOL CODE. The Building Director indicated this code was being adopted for the first time. Mayor Frazee asked if anyone wished to be heard and declared the public hearing open. S,ince no one wished to speak, the public heari.ng was closed at 8:44 P.M. -. I v P ' Motion Ayes Motion Ayes Motion Ayes +o kb .I a xxx X xxx X xxx CITY. OF CARLSBAD .''I . ', .. COUNCILME1 - B -8- ORDINANCE NO. 8081, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.17, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM SWIMMING POOL CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. DO1 23. AGENDA BILL #5334 - ADOPTION OF THE 1976 EDITION OF THE UNIFORM SOLAR ENERGY CODE. The Building Director stated this code was being adopted for the first time. Mayor Frazee declared the public hearing open and asked if anyone wished to speak on the matter. Since no one wished to be heard, the public hearing was closed at 8:46 P.M. first reading only: ORDINANCE NO. '8082, AMENDING TITLE 18 OF THE' Motion CARLSBAD MUNICIPAL CODE BY'THE ADDITION OF Ayes xxx CHAPTER 18.18, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM SOLAR ENERGY CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. .€ouncil made the findings that becaus.e of local Motion Building Director's Memorandum to the City Manager dated March 7, 1978, ar.e necessary. ALFANJE STREET TO SANTA ISABEL STREET - REV. FREDERICK FLOREK. The Planning Director gave a brief staff report 'on the matter indicating there are currently no Mayor Frazee asked if anyone wished to speak on the matter, and declared the public hearing open Reverend Frederick Florek, applicant, addressed Council. He explained the reasons for the change, and requested Council consideration of same. Since no -one else wished to speak, the public hearing was closed at 8:51 P.M. Following brief discussion, the following Reso- lution was adopted: Motion X RESOLUTION NO. 5328, CHANGING THE NAME OF ALFANJE STREET TO SANTA ISABEL STREET PURSUANT Ayes xxx TO CITY COUNCIL POLICY STATEMENT NO. 20. (SNC 11; RECESS: Mayor Frazee called a rece.ss .at 8:52 P.M. and Council reconvened at 9:14 P.M. with all Council members present. The following Ordinance was introduced for a I X conditions, certain changes as contained. in the xxx Ayes 1981 24. AGENDA BILL #5351 - STREET 'NAME CHANGE - . structures on the street. I -. ' .. March .. " " . . .." -. ... , ". . . .. .. .. CITY OF CARLSBAD'. . " -' COUNCitMEl 1 -9- HOUSING AUTHORITY: Council convened to the Housing Authority at 9:14 P.M. and reconvened at 9:25 P.M..with all Counci 1 members present. ADDITIONAL BUSINESS: The City Attorney indicated due to the results of the March 7, 1978 election, there wou.ld be a vacant seat on the Council. In this regard, if Council did not desire to appoint to fill the vacancy, the next established election date is June 6, 1978, and in order to have the matter placed on the ballot for the June election, it I would be necessary to call the election 90 days prior to that date. Therefore,'the deadline for calling the.election in June is this date, March 8, 1978; however Council could not call the election unless a vacancy exists. Council discussed the matter and Councilman Packard expressed his willingness to resign if Council concurred that a June election was desirable. Council expressed preference for a June election; however no action was taken at this time. . ... - Mayor Frazee then stated during the recent period of bad weather, certain City employees had been working above and beyond the call of duty. He questioned the possibility of some form of recognition from Council to .those employees and any employee when .the occasion calls for such. Councilman Skotnicki and Councilwoman Casler . were appointed to meet with staff to prepare a report containing possible methods for Council recognition of employees. DEPARTMENTAL AND CITY MANAGER REPORTS: Planning 25. AGENDA BILL #5347 - Supplement. #1 - PRE- ANNEXATIONAL ZONING - TOOTSIE I'K" RANCH - - COUNTY A-1-(8) TO-L-C - (ZC-185) - ROBERT SONNEBORN AGENT. The following Resolution was adopted: - RESOLUTION NO. 5329, ANNOUNCING FINDINGS AND Motion ~ DECISION REGARDING CHANGE OF ZONE (ZC-185) FROM Ayes x x X' PERTY GENERALLY LOCATED 2,000 FEET EAST OF EL CAMINO REAL, AND 4,000 FEET NORTH OF PALOMAR AIRPORT ROAD. The following Ordinance was introduced for a first reading only: COUNTY A-I-(~) TO L-c (LIMITED CONTROL) ON PRO- r- ORDINANCE NO. 9496, AMENDING TITLE 21 OF. THE Motion MAP TO GRANT A CHANGE OF ZONE (ZC-185) FROM j CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING Ayes xxx COUNTY A-I-(~) TO L-c (LIMITED CONTROL) ON PRO- PERTY GENERALLY LOCATED 2,000 FEET EAST OF EL CAMINO REAL, AND 4,000. FEET NORTH OF PALOMAR AIRPORT ROAD. .. " "" .. ., CITY OF CARLSBAD. .: COUNCILME - 10 - March 8, 1978 I391 26. AGENDA BILL #5240 - Supplement #1 - TENTA- TIVE SUBDIVISION MAP - CT. 77-15 - KEN REYNOLDS. The following Resolution was adopted: B I RESOLUTION NO. 5330, DENYING TENTATIVE SUBDIVIS- ION MAP (CT 77-15), A 40-LOT SINGLE FAMILY RESI- DENTIAL SUBDIVISION ON 17-1/2 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF EL CAMINO REAL BE- TWEEN KELLY DRIVE AND HIDDEN VALLEY ROAD. In addition, Council requested a staff report on whether the subject land is properly zoned. [931 27. AGENDA BILL #5366 - SEWER PERMIT - INDUS- TRIAL BUILDING - BERNIE GILMORE. The Planning Director gave a staff report on the matter indicating there are currently no guide- lines for allocating sewer capacity in the. Industrial' category, and questioned if Council wished to establish same. He then'outlined the status of the ,proposed project. Council recognized Mr. Bernard Gilmore, Vice- President of Palomar Airport Business Park, 6231 Yarrow Drive, Suite Cy Carlsbad. Mr. Gilmore indicated the application was on behalf of Eaton Leonard Corporation. Wherein the application is -currently being processed under a septic system, it was felt the proposed septic. system would be overstressed in a few years. Therefore, they felt it would be desirable to serviced by the City sewer system. He requested Council con- sideration of the request in tha,t the City would receive benefits from the company's move to Carlsbad. .Council recognized Mr. Homer Eaton, President of Eaton Leonard Corporation. He reported on the history of the company and its rapid growth, and requested favorable consideration of the appli- cation. Council discussed the possibility of smaller industrial plants being processed on septic sys- tems, and the fact that each application under the Industrial category be considered on a case by case basis. In addition, Council questioned whether the reserve categories contain condition relative to timely processing and continuous construction. Staff indicated they would report back to Council on the matter. Council instructed staff to issue sewer permits in the amount of approximately 12 EDU's for the industrial building at 6305 El Camino Real, with the idea that construction be continued and inspected every 120 days as provided for by othe allocation processes. Mayor Frazee relinquished the Chair to Vice- Mayor Lewis far discussion of the next item due to his SDG&E holdings. " 1 ., 'c I:/ I ! .. .. .. ., . CITY . OF CARLSBAD. COUNCILME - .11 - March 8, 1978 I I [I131 28. AGENDA BILL #3528 - Supp1emen.t #9 - SUMMARY OF STATE COASTAL COMMISSION HEARING HELD FEBRUARY 14, 1978. I) The City Manager gave a brief introduction of the matter indicating the purpose is to report to Chuncil the results of the hearing before the State Commission, and to determine if Counci desires to amend its previous position. The Planning Director then gave a brief report indicating the State Commission did approve seg- mentation of the Agua Hedionda Specific Plan as a separate Local Coastal Program. Councilman .Packard indicated he had met with Mr. Bruce Warren, Regional Commission's representa- tive. He stated Mr. Warren had expressed the feeling that if the Council and Regional Com- mission could reach an agreement on the project, then the unified presentation to the State Com- mission would strengthen that position. In addition, in light of the State's detailed approach to the matter, Mr. Narren questioned the significance of the Regional Commission and their prior consideration of such matters. I Council discussed the matter and directed staff to proceed in the processing of the Agua _.. - Hedionda Specific Plan on the established dates. B 1701 - 451 In addition, Council requested they be furnished with a copy of the State staff's proposal as previously discussed. Vice-Mayor Lewis then returned the Chair to Mayor Frazee. 29. AGENDA BILL #5111 - Supplement #2 - LA COSTA CANYON PARK - CONTRACT NO. 1045. The Parks and Recreation Director gave a brief report, then introduced Mr. Dave Kater of Kater and Associates, architect for the project. Mr. Kater referenced three wall exhibits and explained each. One displayed the Master.Plan for the entire park consisting of 3.5 acres, Alternate #1 consisting of 1 acre and Alternate #2 consisting of 1.75 acres. He indicated Alternate #1 would cost approximately $100,000, and Alternate #2 would cost approximately $150,000. Council questioned to what extent this project is included in the Capital Improvement Program Budget. Staff indicated $100,000 is included for this fiscal year; however, the additional amount for.the Master Plan is not included. RESOLUTION NO. 5308, APPROVING PLANS AND SPECI- FICATIONS AND AUTHORIZING THE CITY CLERK TO IN- VITE BIDS FOR THE IMPROVEMENT OF LA COSTA CANYOh PARK - CONTRACT NO:1045, was adopted as per Alternate #2 Exhibit. Further Council requestec a report on the possibility of including the balance of the Master Plan in the Capital Improc ment Program Budget. -. .. 9L I I I( 70 Motion Ayes Abstait Motion Ay.e s L- X xx ~ X xx I ... March .. ... . .. ..,.. .......... "111 " .. "." .. ... " ....... - .... .. CITY ' OF CARLSBAD'. ' ' COUNCfLME - 12 - 30. AGENDA BILL #5367 - CONDOMINIUM CONVERSION REQUEST FOR DUPLEX LOT - FRANK M. NEWBERRY. The City Manager gave a brief staff report on the matter. He indica.ted it may be desirable to require processing of such application to wait until such time as a condominium conversion ordinance has been adopted. However if Council desired to allow the processing of R-2 lots, it would be necessary to amend the Moratorium Ordinance No. 9495. Council recognized Mr. Frank Newberry, 839A Del Mar Drive, Solana Beach, CA, applicant. Mr. Newberry requested ,Council consideration of the request in that the units under construction are being built to condominium standards. Following brief discussion, Council instructed Motion the City Attorney to prepare an amendment to Ayes xxx Ordinance No. 9495 which would exempt all R-2 lots which meet certain conditions as approved by Council. City Manager 31. AGENDA BILL #5328 - REQUEST TO ADDRESS COUNCIL - HUNGER PROJECT - MS. CARRIE DELFINO. ..., ... Th.is item was taken out of order and discussed following the Consent Calendar.. 32. AGENDA BILL #894 - Supplement #4 - LIBRARY MASTER PLAN - REVISION AND UPDATE. ,. The City Manager gave a brief introduction of tht! matter. Council questioned the need for.the detailed revision as proposed by Mr. Raymond Holt and discussed the possibility of concentrating the . proposed update in only a few areas such as: Children's library versus branc~h library, time line for physical facility needs for library in southern portion of the City, and possibility of two major libraries versus one major and several branch libraries. The following Resolution was adopted: RESOLUTION NO. '5306, APPROVING AN AGREEMENT .BE- Motion X TWEEN THE CITY OF CARLSBAD AND RAYMOND M. HOLT Ayes xx FOR REVISION AND UPDATE OF THE LIBRARY MASTER Noes X PLAN REPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. 33. AGENDA BILL #5368 - PROPOSED CONSTRUCTION NOISE ORDINANCE. Administrative Assistant, Frank Mannen, gave a brief report on the matter. Council discussed the matter anch'expressed the desire that the hour be changed from 7:O-0 A.M. to 8:OO A.M. on Saturday and Sunday, remaining 7:OO A.M. Monday through Friday. i ~ -. ., . . ., -. " " .. .." .. ... . . . . . . -. . . - .. .. CITY OF CARLSBAD.' COUNCILME - 13 - Mar ch - The following Ordinance was introduced for a first reading only: ORDINANCE NO. 3109, AMENDING TITLE 8 OF THE Sunday and 7:OO A.M. Monday through Friday. 34. AGENDA BILL #5312 - APPOINTMENT TO CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION. This item was conti'nued to the next regular meeting. 35. AGENDA BILL #5369 - APPOINTMENT TO SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. This item was continued to the next regular meeting. 36. AGENDA BILL #5370 - PLANNING C'OMMISSION - APPOINTMENTS. This item was continued to the next regular meeting. , *. 37. AGENDA BILL #5371 - PARKS AND RECREATION COMMISSION APPOINTMENT. This. item was continued to the next regular meeting. 38. AGENDA BILL #5372 - HOUSING COMMISSION APPOINTMENTS. This item was continued to the next regular meeting. CITY COUNCIL ADDITIONAL BUSINESS: Councilman Packard resigned his position as City Councilman, thereby creating a vacancy on the Council. Due to the vacancy, the.following Resolutions were presented for. Council consideration: TO BE HELD ON SAID DATE, was adopted by title only. CODE, was adopted by title only. -. xxx xxx CITY .. OF ' CARLSBAD COUNCILME 111 0 B Marc " ~ - 14 - The City Clerk then announced that nominations for the vacant Council position are open effec- tive March 9, 1978. Cal averas Dam Councilman Lewis requested Council consideration of a matter. He stated due to the recent heavy rainfall, there appeared to be erosion on the spillway of the Calaveras Dam, and citizens in the Rancho Carlsbad area had expressed concern about this problem. The Public Works Administrator indicated staff was currently attempting to locate a qualified dam engineer to advise on the matter. He con- tinued stating if the engineer's report'indicateil urgency action is necessary, such action will be taken. If urgency action is not required, the matter will be returned to Council for the necessary action. He emphasized the fact that the problem is with the spillway, not the dam itself. Council recognized Mr. Ray Coleman, 3571.Don Juan Drive, Carlsbad, in Rancho Carlsbad. Mr. Coleman indicated the water in the dam hasn't been used in over 15 years; therefore the dam serves no purpose and is merely a threat to .those ... living below. In addition,'he indicated all the facilities around the dam are deteriorat- ing in that there is no caretaker. He concluded by requesting Council to consider at. least lowering the level of the water to t.he minimum. Planning Commission Councilwoman Casler expressed the feeling that the remuneration for Planning Commiss.ioners \ should be increased from $40 a month to $60 a month. i Council requested they be furnished a report containing information relative to remuneration received by Planning Commissioners in neighbor- ing cities for further discussion at the next regular meeting. ADJOURNMENT: By proper motion, the meeting was adjourned at. 12:lO A.M. to March 14, 1978, at 7:OO P.M. in the Council Chambers. Respectfully submitted, 1 MARhq w, &2f E. *DAMS 4% Lee Ra, tenkranz, Recording Secretary .- I. ..