HomeMy WebLinkAbout1978-06-07; City Council; Minutesi
, 1-f" cF CkRhSSaj?$.E pJ35$$-JLh&E
wm!z9suz+z.z?x .
a,
m?
Meet i ng of: CITY COUNCIL (Adjourned Regular Meeting) Time of Meeting: 4:OO P.M. Date of Meeting: June 7, 1978
ROLL CALL:
INVOCATION was given by Mayor Packard.
PLEDGE OF ALLEGIANCE was given.
APPROVAL OF MINUTES: (Approved by one motion)
Councilman Skotnicki requested the Minutes of
the Regular Meeting of May 16, 1978, reflect the following addition to Agenda Bill #5273, Supplement #1, paragraph one on Page 2: "Councilman Skotnicki requested staff pursue the possible sharing of the Automated Library .Circu- lation Control System with other entities in that it would reduce the City's capital costs in the system."
Minutes of the Regular Meeting held May 16, 1978 were approved as corrected.
Minutes of the Adjourned Regular Meeting held May 23, 1978, were approved as presented.
The City Manager informed Council and the public that the item of the Ponderosa proposed sewer plant would be discussed at the regular meeting of June 20, 1978.
CONSENT CALENDAR:
Staff requested Item No. 4 be removed from the Consent Calendar. Councilman Anear requested Item No. 11 and No. 13 be removed, and.Counci1- man Skotnicki requested Item No. 12 be removed.
'The following items, with the exception of Item No. 4, No. 11, No. 72 and No. 13, were approved by one motion, affirming the action on the Consent Calendar.
1. WAIVER OF ORDINANCE TEXT .READING. Council waived the reading of the text of all Ordinances before Council.at this meeting.
c 501 2. AGENDA BILL #5457 - PAYMENT OF BILLS. Authorization was-given the payment of bills for the General Expen.<es of the City as follows: City Operations $302,535.64; Water Department $51,536.98; Investments $900,000.00; Net Payroll Transfer $103,789.28; for a total of $1,357,861.90, as certified by the Director of Finance and approved by the Auditing Committee.
c501 3. AGENDA BILL #5458 - RATIFICATION OF PAYROLL. Ratification was given the payment of the pay- roll in the amount of $170,523.77 for the period May 1, 1978 through May 14, 1978, .as certified by the Finance Director and approved by the Auditing Committee. I hi
Motion Ayes
1.
I
e
X
1
I
X X
h 1 !
E ;
X
+ F ARLs~ a
B eBf&
. -2-
-
0
0
m
I
June 7, 1978
[SO]' 3A. AGENDA BILL #5468 - RATIFICATION OF PAYROLL. Ratification was given the payment,,of the payroll
in the amount of $170,383.79 for the period May 15, 1978 through May 28, 1978, as certified by the Finance Director and approved by the
Auditing Comrni ttee.
c481 5. AGENDA BILL #5257 - Supplement #6 - GENERAL MUNICIPAL ELECTION - MARCH 7, 1978, REQUEST FOR
ADDITIONAL FUNDS. Resolution No. .5434, authoriz . ing the transfer of funds for additional costs
. incurred in the General Municipal Election held
March 7, 1978, was adopted.
[261 6. AGENDA BILL #5283 - Supplement #4 - LA COSTA MAINTENANCE DISTRICT - TRANSFER OF FU.NDS.
Resolution No. 5435, approving a transfer of funds, relative to the La Costa Maintneance District, was adopted.
E971 E451
7. AGENDA BILL #5427 - Supplement #1 - CONSTRUC
AND EASEMENT FROM PARK DRIVE EASTERLY TO EL
CAMINO REAL - CONTRACT NO. 1047. Resolution No.
5436, accepting bids and authorizing the execu-
TION OF WATERLINE IMPROVEMENTS - ELM RESERVOIR
tion of Contract No. 1047 for construction of water1 ine improvements, was adopted.
Resolution No. 5437, authorizing the transfer of funds.for Contract No. 1047, the construction of waterline improvements, was adopted.
C811 8. AGENDA BILL #5459 - SEWER EASEMENT QUITCLAIM PORTION OF HOSP EUCALYPTUS FOREST COMPANY'S TRAC Council authorized the Mayor to execute a
Quitclaim Deed for a sewer easement over a por-.
tion of Hosp Eucalyptus Forest Company's Tract No. 1, Map No. 1136, in the City.of Carlsbad.
E1121 9. AGENDA BILL #5460 - RUBBISH AND REFUSE
ABATEMENT. Resolution No. 5438, declaring as
public nuisan'ces, rubbish and refuse upon privat property in the City of Carlsbad, was adopted.
C41I 10. AGENDA BILL #5461 - CLAIMS PROCEDURES.
Resolution No. 5439, authorizing the City Manage
to reject, pay or compromise claims against the
City in the amount of $500.00 or less and re-
scinding Resolution No. 5380, wa's adopted.
[5OI 14. AGENDA BILL #5465 - PINE FIELD PARKING LOT - TRANSFER OF FUNDS-:" Resolution No. 5442, authori ing the transfer of funds for one-half cost
participation in the paviig of the parking lot
adjacent to Pine Field, was. adopted.
~~
c41 I 15. AGENDA BILL #5466 - CLAIM AGAINST THE CITY COLBY ANN FOX. Resolution. No. 5443, denying a
claim against the City, was ad.opted.
c411 16. AGENDA BILL #5467 - CLAIM AGAINST THE CITY- EDWARD C. AND MARY LOUISE MOORE. Resolution No.
5444, denying a claim against the City, was
adopted.
p,jCE&b&E
-
~
~
~
~
.. . .. .
1 ARaL5BpJ-J
\ ITY
-3-
June 7, 1978
ITEMS REMOVED FROM CONSENT CALENDAR:
4. AGENDA BILL #3500 - Supplement #3 - ENCINA
UPGRADI'NG AND EXPANSION. WATER POLLUTIONKCONTRO-L FACILITY - PHASE 111
e c Staff stated-the item had been removed from the Consent Calendar in order to notify Council of recent proposed changes to the Agreement.
Mr. Les Evans, General Manager of the Encina Plant, outlined the proposed changes. He stated on Page B-6, Section C.l.a., following "Cost ceiling $189,004.00", would be added the words that "unless there is an agreed upon increase in
I the scope of work from that outlined in Exhibit i A, paragraph A, that the maximum cost ceiling j.
i allowed shall be $218,000.00'~.
In addition, a condition would be added to Page
B-5 that would not allow the $189,004.00 to be exceeded without authorization from the Vista Sanitation District.
The following Resolution was adopted by title only:
RESOLUTION NO. 5433, APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND BROWN AND CALDWELL FOR ENGINEERING SERVICES IN CONNECTION WITH PHASE I11 ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY, to include the recommended changes in the agreement as outlined by staff.
11. AGENDA BILL #5462 - REFUND OF OVERPAYMENTS.
Councilman Anear stated he had requested the ite removed from the Consent Calendar for discussion He noted that every Agenda contains such an agenda bill for numerous requested refunds. In this regard, he questioned the possibility of charging a fee.or service charge for refunds which would recover a portion of the administra- tive costs involved in processing refunds. This wou1,d not include building permits in that the Building Code provides for retention of 20% of the fee.
e Councilman Skotnick-i- expressed the feeling that in regards to Parks and Recreation classes, the fee, if any, should be nominal. Further, if the class was cancelled by the City, that no fee be charged.
Councilwoman Casler stated the matter had been discussed previously and a determination made that the City absorb the cost in that the reason for the requested refunds were usually valid.
The City Manager stated staff would be preparins a report for Council consideration with regard t all fees being charged, and if Council desired, this matter could be included in that report.
WUN,S&.J&E
f* ~ ,
I
- .
m
F LSBA -4-
June. 7, 1978
It was the concensus of Council that the matter of charging fees for refunds be included in staff's report regarding all fees charged.
Council authorized the requested. refunds of overpayments of charges made by the City. Speci fic requests are on file in the City Clerk's Office.
:921 12. AGENDA BILL #5463 - ENCINA WATER POLLUTION
:45] ' CONTROL SYSTEM - APPLICATION FOR WAIVER OF - SECONDARY TREATMENT/WASTEWATER FLOW DATA.
Councilman Skotnicki stated he had requested the item removed from the Consent Calendar in order to provide Council with a brief report on the matter.
Councilman Skotnicki stated the process of tryin to obtain a waiver of the secondary treatment. 'See requirements is quite complex and may cost from
'g. 17- $200,000. to $250,000. just to submit the applic tion. In addition, some required tests current1 have no testing procedure.
He continued stating the Joint Advisory Committe has concerns, but recommends approval of the agreement in that the contract would not be executed unless it was determined to be produc- tive and could be accomplished at a reasonable cost.
He concluded by recommending approval with the understanding that it will be monitored by the Joint Advisory Committee.
The following Resolution was adopted by title only:
'RESOLUTION NO. 5440, APPROVING THE EXECUTION OF AGREEMENTS BY VISTA SANITATION DISTRICT WITH BROWN AND CALDWELL, A CALIFORNIA CORPORATION, FOR PROFESSIONAL ENGINEERING SERVICES IN CONNEC- TION WITH APPL'ICATION TO WAIVE SECONDARY TREAT- MENT REQUIREMENTS FOR THE ENCJNA WATER POLLUTIO~ CONTROL FACILITY.
c781 13. AGENDA BILL #5464 - POLICE PATROL BOAT - - AGUA HEDIONDA LAGOON.
Councilman Anear "s*Eated he had requested the item removed from the Consent Calendar for dis- cussion.
He stated the original boat had been purchased at the request of a councilman, and several policemen had expressed opposition to the pur- chase. In addition, he suggested Council consi- der eliminating this item due to the budget reductions necessary as a resu1.t of Proposition 13.
Therefore, he suggested either eliminating the item at this time, or deferring the matter unti- such time as the budget is considered.
-
. ."
I Tkj E I - RLqsA %& -5-
June 7, 1978
,", .. .~I: """_ ~~~ ~~"_ ~~ -. " ~
D
0
Councilwoman Casler questioned the past'enforce- ment procedures on the lagoon. In r.esponse, Officer Prudhomme indicated it was mainly a matter' of prevention; that he had issued no tickets, but had required some to cease skiing.
Councilman Anear then suggested imposing a user fee on the lagoon in that many who use the lagoon are from out of town.
* Councilman Skotnicki expressed the feeling that the money expended for the first boat was wastec Further, if it was determined a boat is needed, he questioned the need for purchasing such an expensive boat. In addition, he suggested the possibility of boats being monitored on shore when the noise meter is obtained.
Council continued the matter to the meeting of June 20, 1978.
ORDINANCES FOR ADOPTION:.
1741 17. AGENDA BILL #5264 - MANAGEMENT EMPLOYEES - AMENDMENT TO CARLSBAD MUNICIPAL 'CODE SECTION 2.48.030.
The following Ordinance was given'a second read ing by title only and adopted:
ORDINANCE NO. 1206, AMENDING TITLE 2, CHAPTER 2.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEN MENT OF SECTION 2.48.030 (7) TO ADD THREE POSITIONS AS MANAGEMENT EMPLOYEES.
18. AGENDA BILL #5434 - SUPPLEMENT #I - REVISE EQUIVALENT DNELLING UNIT (EDU) DEFINITION.
The following Ordinance was given a second read ing by title only and adopted:
ORDINANCE NO. 7054, AMENDING TITLE 13, CHAPTERS 13.08 and 13.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDME'NT OF SECTIONS 13.08.080 AND 13.08.085, THE ADDITION OF SECTION 13.08.081 AN
THE DELETION OF SECTION 13.12.010(3) TO REVISE THE' CITY'S SEWER CAPACITY. FEE REGULATIONS.
0 Councilman Skotnicki requested that at such tim as the Ordinance ..i>s. refined, staff should con- sider the justification for charging one EDU fo every room in a hotel or motel.
The City Manager indicated staff would be revie ing the matter.
[lo51 HOUSING AUTHORITY:
The Housing Authority was continued to the even ing portion of the meeting.
' DEPARTMENTAL AND CITY MANAGER REPORTS:
FACILITY.
At the request of the applicant, Mr. Roy Ward, Council concurred with the continuance of the ._ matter to the evening portion of the meeting.
Staff then stated prior to Council's considera- tion of Agenda items 24, 25 and 26, a policy decision was needed on a matter.
The City Engineer then gave a background report on the matter of industrial sewage capacity. He stated all previous requests had all their dis- cretionary approvals and permits at the time of their request. However, the requests for sewage capacity contained in Agenda items 24 and 25 do not at this time have their Coastal permits. Therefore, Council should consider at this time whether to require all discretionary approvals prior to application for sewage capacity in the industrial category.
granted with a time limit requirement on obtain-
ing the building permit. .Therefore, if an applicant could not obtain his Coastal permit and apply for the building permit within that time limit, the allotment for sewer would then be forfeited.
24. AGENDA B-ILL #5471 - REQUEST FOR SElrlER ALLO- CATION - UNITCO REALTY AND CONSTRUCTION COMPANY,
Staff gave a brief report and recommended appro- val with the condition that the applicant be required to apply for a building. permit by October 6, 1978.
Council recognize.d;Mr. Frank A. Piani, Vice President of Unitco Realty and Construction Company, Inc., 15233 Ventura Blvd., Suite 710, Sherman Oaks, California, applicant.
Mr. Piani stated the structure wou1.d be a stock room and wou1.d not require an allocation of 30.3 EDUs. However, due to the. system established by the City, it would require the.30.3 EDUs. In response to Council quest-ions,' he stated the warehouse would only service the store at the Plaza, would in.crease sales, and would only generate domestic sewage.
Council questioned .the possibility of allocating less EDUs with the provision that if the use of the building changes, they would be required to apply for additional EDUs.
~
zE?=F&=
I)
0
t TY tz CmBL A, p"4*
B- -I-
June 7, 1978
Staff indicated that though it may be a better system, it would require a strict occupancy permit system and policing of same, and would be more costly to implement.
Council stated in that the current system was adopted as an interim system only, staff should attempt to correct this type of problem.
Council directed the City Attorney to prepare - the necessary documents allocating sewer capacit of 30.3 equivalent dwelling units under the second revision of the .First Phase Sewer Alloca- tion System to Unitco Realty and Construction Company as requested, subject to building permit issuance and Coastal Commission permit by October 6, 1978.
C931 25. AGENDA BILL #5472 - REQUEST FOR SEWER ALLO- CATION - HAWTHORNE MACHINERY CO.
The City Engineer gave a.brief staff report on the matter stating the additional time recommend ed was due to the fact that a portion of the property is in the Flood Plain area. In respons to Council question, he explained the method used for determining.the requirement of 2.8 EDUs
Council recognized Mr. J. T. Hawthorne, 2681 Ocean Avenue, Carlsbad, applicant. He explained the current status of the project and stated the
portion of the property in the flood plain would be a yard and have no buildings on same.
Councilman Skotnicki indicated some uses are allowed in the Commercial.and Industrial zones.
Therefore, Council should be aware of the policy being established as to whether capacity is allocated from a category by zone or by use.
Council directed the City Attorney to prepare the necessary documents allocating sewer capacit of 2.8 equivalent dwelling,units under the
second revision of the First Phase Sewer Alloca- tion System to Hawth0rn.e Mach.inery Co., subject to Coastal Commission approval and building permit issuance by December 6, 1978.
C931 26. AGENDA BILL #5473 - REQUEST FOR SEWER ALLO- CATION - PALOMAR FORTY-FIVE ASSOCIATES 'FOR CODED COMMUNICATIONS, INT.
The City Engineer gave a background report on the matter. In response to Council questions, he explained the method used in determining the number of EDUs required for the application.
Council directed the City Attorney to prepare the necessary documents alloc'ating sewer capacil of 2.2 equivalent dwelling units under the second revision of the First Phase. Sewer Alloca- tion System as requested, subject to building permit issuance.
P
NCj&+E
-
0
v
June 7, 1978
' ADJOURNMENT:
Council adjourned at 5:52 P.M. to 7:OO P.M. Council reconvened at 7:OO P.M. with a71 Council
members present.
E991 23. AGENDA BILL #3069 - Supp'lement,#9 - PROCESS
C451 ING OF CALAVERA HILLS PROPOSED SEWAGE TREATMENT FACILITY.
*_ The Public Works Administrator, Mr. Ron Beckman, gave the staff report on the matter. He explain ed the method used in obtaining proposals for the required work, and procedures foll.owed in analyzing each proposal. He concluded by statin as a result of the proposals and discussions with company representatives, it was recommended the firm of Brown and Caldwell be retained to perform the work.
Councilwoman Casler expressed the feeling that though Brown and Caldwell write excellent propo- sals, they do not back up their work. Further, *See they have numerous projects in progress at this
g. 17. time, none of which are'completed, which may result in a problem with completing the work on schedule.
Council recognized Mr. Roy Ward, 3088 Pi0 Pico, Carlsbad. Mr. Ward expressed approval of the proposal by Brown and Caldwell. He stated Calavera Hills is the most impacted. land owner in that basin, and they a.re happy with the
proposal and request that Council proceed as recommended by the Public.Works Administrator.
Councilman Skotnicki expressed dissatisfaction with the Agenda Bill due to the lack of informa- tion as to why the firm of Brown and Caldwell was selected..
He continued stating Brown and Caldwell had probably made every sewer and water study in the City. In addition, councilman Skotnicki stated he had expressed opposition at the time Brown and Caldwell was selected to perform the master study of sewers in that it appeared they had a monopoly on sewer studies in the City.
Further, he state.d-,-Council should attempt to get the work accomplished at the lowest possible price. Therefore, he was not in favor of con- tracting with Brown and Caldwell for another sewer study.
Council agreed that the firm of James M. Montgomery be accepted as the firm for the pre- paration of a Project R.eport, Environmental Impact Report and Financial Re'port for the Calavera Hills .proposed sewage treatment facilit
Staff stated a contract would have to be- n.ego- tiated with the firm and returned to Council foy their approval.
Nc!Lb8;E
I i i
X
I I
. .. ..
-
0
e
F
-9-
June 7, 1978
Council recognized Mr. Roy Ward, 3088 Pi0 Pico, Carkbad. Mr. Ward requested it be ,made clear to the firm that the previously prepared reports are to' be considered in that it was not thoroughly addressed in the proposal of Brown and Cal dwell.
Councilman Skotnicki stated there is a signifi- cant amount of data available, and expressed the desire that staff insure the consultant considers those existing reports, and if possibl uses same.
PUBLIC HEARINGS:
c411 19. AGENDA BILL #5390 - Supplement #2 - PUBLIC NUISANCE ALLEGED TO EXIST - .5335 PASEO DEL NORTE WESELOH CHEVROLET SIGN.
The City Manager gave a brief introduction of th matter followed by a staff report by the Plannin Director.
Mayor Packard declared the public hearing open and asked if anyone wished to speak on the matter.
Mr. Nicholas Banche, 3464 Ridgecrest Drive, Carlsbad, Attorney representing. Weseloh Chevrole addressed Council. Mr. Banche referenced the reputation of the company and the sales tax revenue generated by the company.
He stated the problem arose because the Pl'anning Commission changed the location of the building. He questioned the affect of issuance of the permit, affect of inspections.of footings and electrical, and the interpretation of the con- versations between the City Manager and Mr. Weseloh. In addition, he questioned when a sign is considered to be complete and. the definition of a freeway oriented sign . He stated if effectiveness is the determining factor, then the sign does hot quali.fy as freeway oriented.
In conclusion, Mr. Banche suggested Council find that the sign is not in v.iolation, or find that the City, by its issuance of the permit and inspections, were at fault. As an alternative, he referenced a l..e,J.ter from the Chamber of Commerce and the suggestion therein for the formation of a committee to study the matter as well as the sign ordinance.
Since no one else wished to be heard, the Mayor
closed the public hearing at 7:55 P.M.
Councilman Anear stated he sat through the pre- sentations several years ago when Car Country was first proposed, and had turned copies of the renderings from those presentations over' to the City Attorney. He stated those renderings re- flected an absence of the "lollipop" type signs, beautiful landscaping, and the fact that no cars would be visible from the freeway.
W?JNGILF&E
.
h .Y
-
I
I
'Y
I
i
~
I I I
~
- 10 -
June. 7, 1978 .
"
B
D
Councilman Anear continued stating Weseloh Chevrolet.was one of the six auto dealers who were the proponents of the center. Furt,her, now that the center is built, Weseloh is the only dealer who is not in compliance with the stan- dards.
In addition, he stated the sign is 345 feet from Paseo del Nor,te, sits exactly on the edge of the property line, can be seen better from the free-
allows ample time to ta.ke the Cannon Road exit.
Councilman Anear stated he was also on the Board of Directors of the Chamber of Commerce at the time the sign ordinance was considered, and at that time they were perfectly happy with the ordinance. Therefore, he opposed the Chamber's suggestion of forming a committee to study the matter.
In conclusion, he stated.he could see no reason to make an exception for Weseloh Chevrolet, and suggested the matter be processed as recommended
by staff.
The City Attorney, as a point of clarification, stated staff was not suggesting it be processed on a criminal basis, but rather under the Civil Abatement section of the code.
' way than from Paseo del Norte, and when seen,
Council determined a public nuisance exists at 5335 Paseo del Norte, and instructed the City Attorney to commence civil abatement proceedings if the nuisance is not abated in 30 days.
Mayor Packard expressed the feeling that the sign should be left at its present location as an existing non-conforming sign in that the 'City was in error by issuing the permit and conducting the inspections. As an alternative, he suggested the City assist the developer in some manner to move the sign.
It was moved that the City work with the develo- per to move the sign, and either work out an agreement or expend funds:to assist in the moving of the sign to the appropriate place on Paseo del Norte. The motion died for lack of a second. . . .. ". - ,
11141 20. AGENDA BILL #5354 - Supplement #1 - ZONE CODE AMENDMENT ZCA-95 - WILD ANIMALS AND PRIVATE zoos. ~. ~
The Planning Director gave a brief staff report on the matter referencing the section of the County code that defines "wild animal". In addition, the County would issue individual wilc animal permits for a period of two years.
Mayor Packard declared the public hearing open and asked if anyone wished to speak on the mattc Since no one wished to be heard, the Mayor clost I i the public hearing at 8:lO P.M. 1 I
~ !
t?x=ss%
0
3)
F Xf"fL[&E
.- 11 -
June 7, 1978
Coun-ci.1 directed the City Attorney to prepare th necessary documents approving ZCA-95 as per Planning Commission Resolution No. 1444.
Councilman Skotnicki recommended the wording in paragraph one, page 2, Exhibit "A" to Planning Commission Resolution No. 1444, be corrected for grammatical accuracy.
:I141 21. AGENDA BILL #5469 - ZONE CODE AMENDMENT -
*. REGULATIONS REGARDING CHINCHLLLAS AND OTHER DOMESTIC ANIMALS.
The Planning Director gave a brief staff report on the matter indicating the amendment is to "clean up" the regulations on domestic animals.
Mayor Packard declared the pub1 ic hearing open and asked if anyone wished to speak regarding the matter. Since no one wished to be heard, the Mayor closed the public hearing at 8:13 P.M.
Council directed the City Attorney to prepare the necessary documents approving ZCA-96 as per Planning Commission Resolution No. 1445.
99 1 22. AGENDA BILL #5470 - TENTATIVE SUBDIVISION MAP - AIRSPACE SUBDIVISION- FOR 12 UNIT CONDO- MINIUM CT-78-1 - ROBERT A DUFFY.
The Planning Director gave a staff report statin the applicant had been unable to obtain the necessary agreements with the Enci'nitas School District for the guarantee of school facilities.. Further, the school district has declared over- crowding exists, and Council has accepted that declaration. Therefore, the Planning Commission has recommended denial of the. project.
Mayor Packard- declared the public hearing open and asked if anyone wished to speak regarding the matter.
Mr. Nicholas Banche, 3464 Ridgecrest, Carlsbad, Attorney representing the applicant, addressed Council. Mr. Banche stated the applicant has sewer capacity, a quality. pr0jec.t which meets all requirements, and is willing to pay the previously required school fees. Further, the zone would allow.$be building of 33 apartments without any requirement for a school letter.
In thi:s regard, he stated the applicant is pre- senting a better project by- bui.lding one bedroom
impact on the schools, and is willing to pay school fees at this time. *
He concluded by requestin-g the project not be denied; but if necessary, continued until such time as Council takes action on SB 207.
Councilman Skotnicki expressed the feeling that the project should.be denied without prejudice in that it may result in 120-day'delay before documents are adopted with regard to SB 201.
' condominiums which would present less of an
I
1 i
~
I
i i
I i
I 1 i
! I
1 I i
. . ..
.I $D ("J2$Re L-a& c - 12 -
June 7, 1978 ._""
D
- ~-. ~~.
Mr. Banche, on behalf of the app1icant;consent- ed to a continuance and waived any time constrai
Since no one else wished to speak on the matter, the Mayor closed the public hearing at 8:37 P.M.
Council continued the matter until such time as Council takes action on SB 201.
HOUSING AUTHORITY:
Council adjournedto the Housing Authority at 8:40 P.M. and reconvened at 8:49 P.M. with all Council members present.
City Manager
27. AGENDA BILL #5111 - Supplement #3 - LA COSTA CANYON PARK.
Mr. Jon Hatch, Parks Superintendent, gave a brie staff report on the matter.
Council questioned the cost of maintaining the park once it is developed, and how much City funds would be needed to develop the park.
In response, sta.ff stated the cost of maintenanc would be $16,000.00 a year for Phase I and $8,000.00 a year .for Phase 11. In addition, the City would need to contribute $59,000.00 for development of the park; of which $50,000.00 is currently budgeted and $9,000.00 is not budgeted
Council approved the project substitution for the 19'74 State Bond Act Fund and authorized staf to make necessary application .for $83,048.00; and Council approved the project for the Land and Water Conservation Fund and authorized staff to make necessary application for $93,500.00..
C.3 7 1 28. AGENDA BILL #5404 - Supplement #2 - CITY COUNCIL MEETING TIMES.
1)
c86i
Mayor Packard suggested the item be continued to the adjourned meeting of June 13, 1978, to enabl the ne.wly elected Councilman to participate in the discussion.
Counci 1 continued. ..the matter to the adjourned meeting of June 13, 1978.
RECESS: Mayor Packard called a recess at 8:58 P.M. and Council reconvened at 9:lO P.M. with all Council members present.
29. AGENDA BILL #5477 - REQUEST OF CCEA/AFSCME TO ADDRESS COUNCIL.
Council recognized Mr. Kelly Irving, representa- tive of AFSCME, 2266 San Diego Avenue, San Diego Mr. Irving addressed Council relative to .the contents of the letter previously furnished Council from Mr. Joe Skymba, President of the Carlsbad City Employees' AssociafionlAFSCME Local 978. He concluded by requesting Council to instruct the City's representatives to meet and confer in good faith and to abide by previou
and future agreements.
F - 13 -
June. 7, 1978
Mayor Packard stated Council would not respond except through the City's negotiators.
[34] ' 30. AGENDA BILL #5456 - CARLSBAD CHAMBE'R OF COMMERCE.
I)
The City Manager gave a brief background report on the matter.
Council autho'rized the allocation of $500.00
* from special services to the Chamber of Commerce to pay for the promotion of the 1978 Motocross event.
Councilman Anear questioned if the Masters Meed is presented for outstanding service to the community, and expressed the desire for a policy pertaining to the presentation of same.
Mr. Don Brown of the Chamber of Commerce, stated there is currently no policy on the presentation of the Masters Meed and it has previously been given to those outside of the City.
C761 31. AGENDA BILL #5370 - .PLANNING COMMISSION APPOINTMENT.
I)
I I
Mayor Packard announced the names placed in nomi,nation by Council at the previous meeting were as follows: Francis P. Donovan, Gary Wrench, Dolores Frazee and James Hicks.
He then asked that each Council member vote for two of the nominees.
Councilman Skotnicki voted for Francis P. Donovan and Gary Wrench.
Councilwoman Casler voted for Gary Wrench.
Councilman Anear voted for Gary Wrench and Dolores Frazee.
Mayor Packard voted for. Dolores Fcazee and James Hicks.
The. following Resolution ,was adopted: .
r(
RESOLUTION NO. 5333, APPOINTING A MEMBER TO THE CITY OF CARLSBAD.P*L.ANNING COMMISSION, that member being Gary' Wrench.
C281 32. AGENDA BILL #5372 - HOUSING COMMISSION APPOINTMENTS.
The following Resolution was adopted:
RESOLUTION NO. 5336, APPOINTING A MEMBER TO THE CITY OF CARLSBAD HOUSING COMMISSION, that membet being C. Kenneth Roush.
;I941 33. AGENDA BILL #5387 - PARKING AUTHORITY'
I APPOINTMENT. !
~ The following Resolution was adopted: ! RESOLUTION NO. 5358, APPOINTING A MEMBER TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, that
yember being Richard L. Goodwin.
p&-ik&$E
I
I
-
D
I)
E =TY
. - 14 -
June 7, 1978
1[28] ' 34.. AGENDA BILL #5417 - APPOINTMENT TO PERSONN BOARD. ~.
The following Resolution was adopted:.
RESOLUTION NO. 5388, APPOINTING A MEMBER TO THE
member being Gerald McClellan, sr. PERSONNEL BOARD OF THE CITY OF CA.RLSBAD, that
E281 35* AGENDA BILL #5418 - COMMITTEE ON SENIOR
'_ CITIZEN AFFAIRS APPOINTMENTS,
Councilwoman Casler stated she had discussed thl matter with the Committee at their last meeting and they had expressed the desire to remain as a committee in that they can do long .range planning and feel they represent all senior citizens.
Therefore, Councilwoman Casler recommended the committee remain as an established committee, with appointments being made to same.
Mayor Packard stated the item would be continue( to the next regular meeting, at which time he would attempt to have recommendations for appoir ments to the committee.
c 631 36. AGENDA BILL #5419 - APPOINTMENTS TO LIBRAR'I BOARD OF TRUSTEES.
The following Resolutions were adopted: (by one motion)
RESOLUTION NO. 5392, APPOINTING A MEMBER TO THE
LIBRARY BOARD OF TRUSTEES.OF THE CITY OF CARLSBAD, that member being Ron Cipriano.
RESOLUTION NO. 5393, APPOINTING A MEMBER TO THE LIBRARY BOARD OF TRUSTEES OF THE CITY OF CARLSBAD, that member being Margaret Brownley.
SAFETY COMMISSION. [lo31 37. AGENDA BILL #5450 - APPOINTMENTS TO TRAFFIC
The following Resolution was adopted:
RESOLUTION NO. 5430, APPOINTING A MEMBER TO THE CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION, that member being Wil1.i-iun C. Harkins.
Mayor Packard announced his intent to appoint Mr. Richard Cecelski to fill the other vacancy on the Traffic Safety Commission.
CITY COUNCIL ADDITIONAL BUSINESS:
Councilwoman Casler rep.orted on the recent meet- ing of the Senior Citizens Association. She reported they are changing their ByLaws to allow a seven-member Board of Directors. In addition, the school district has discontinued year-round luncheon services; therefore, lunches will no longer be served to seniors in the summer.
NCILEr":E
-
..
el F - 15 -
June 7, 1978
Councilwoman Casler reported on the recent meet- ing of the Library Board of Trustees,, and that the Book Fair resulted in over $5,000.00 profit for the Friends of the Library.
C621 Councilwoman Casler referenced Information Item B and expressed the feeling that the City should support the City of Avalon in their efforts.
Council agreed to support the City of Avalon's
* attempt to obtain a $400,000.00 grant from the State Safe Water Fund, as contained in Assembly Bill 1992.
Councilman Skotnicki reminded Mayor Packard of Council's intent to appoint a different repre- sentative to the Economic Development General Committee, and the possibility of that represen- tative being a member of the Chamber of Commerce
I)
Mayor Packard requested Councilman Skotnicki to meet with Mr. Don Brown of the Chamber in order to formulate a recommendation for the appoint- ment.
Councilman Skotnicki then referenced th.e recent Motocross event and the resulting discomfort and inconvenience to motorists on'El Camino Real.
The City Manager stated a report on the matter would be furnished to Council.
C291 Councilman Skotnicki stated with regard to the previously discussed appointment of a Propositi0
people were recommended to serwe on the committe Donald E. Yerkes -Chairman, L. A. Rash, Lois Boncer, Bob Ladwig, Lew Chase., G. A. Donlon, John Gray, Mark Hobmann, Jacqueline Wrench, Ida Westree, Donald Agatep, Douglas Rider, Marge Howard-Jones, Ross Spa1.dirSg.; and Keith E. Kennedy.
He stated the suggested people represent a cross section of the community's citizens.
. 13 citizens advisory committee, the following
It was then moved and seconded that Council approve the list of suggested citizens for the Proposition 13 Citizen's Advisory C.ornmittee as read by Councilrnan*.Skotnicki, with the proviso that such additional appointments as may be . necessary to maintain 15 members will be made by the Mayor.
Staff indicated there was a Resolution prepared for Council's consideration which would make the appointments.
The City Manager then outlined the contents of the proposed Resolution which pertains to the recommended actions charged to the committee.
Councilman Skotnicki, with the agreement of the second, withdrew the previous motion.
I
I
~ I
r)
v
D
D
Rsh
f-J=&&t"~$~
Council adopted Resolution No. 5448, appointing the following members to the Proposition 13 Advisory Committee:
Donald E. Yerkes, Chairman
L. A. Rash Jacqueline Wrench ' Lois Boncer. Ede Westree Bob Ladwig Donald Agatep Lou Chase Douglas Rider G. A. Donlon Marge Howard-Jones
Mark Hobmann Keith E. Kennedy
CITY ATTORNEY ADDITIONAL BUSINESS:
' John Gray Ross Spaulding
At the request of the Mayor, the City Attorney out1 ined Section 1090 of the Government Code which relates to restrictions of Council being financially interested in any City contract. Therefore, if any Council member has a financial interest in a contract, the City may not enter into that contract.
The City Attorney then reported briefly to Council of the on-going negotiations with the representatives of May Company. He stated the main focus of the negotiations is carrying out the four store plan.
CITY MANAGER ADDITIONAL BUSINESS:
The City Manager reported to Council briefly on the recent bulletin from the League of California Cities pertaining to raising revenue. He stated many cities are.moving ahead with changing their fees and charges which can be accomplished prior to July 1, 1978.
,EXECUTIVE SESSION:
Mayor Packard called an Executive Session at 10:27 P.M. for the purpose of di'scussing litiga- tion.,: Counci1,reconvened at 11:56 P.M. with all Council members present; and the M-ayor announced that litigation had been discussed.
:41 -J Council authorized the City Attorney to'file a
Cross-Complaint for Indemnity and Declaratory Relief against the State of California in the case of Dautrich -v-.-- Board of Administration of the Public Employees' Retirement System, Superio Court Case No. CA 000,295. '
1261 Council authorized and directed the City Manager to execute a contract with the firm of Bement, Dainwood & Sturgeon for preliminary engineering work on the proposed Bristol Cove Storm Drain Assessment Project as out1ine.d in Agenda Bill
No. 4098, dated March 15, 1977.
E
So I
3sm?aew
I)
W
%Ty fJF cARL
.- 17 -
June 7, 1978
-~ ~ -~~ ~~~~~ ~~
' ADJOURNMENT:
By proper motion, the meeting was adjourned at 12:Ol A.M. to Tuesday, June 13, 1978, at 7:OO P.M. in the Council Chambers.
Respectfully submitted,
'_ WL4$PW&dY@A MAR A T E. ADAMS, City Clerk
Lee R tenkranz, Recording Secretary
*Councilman Skotnicki requested and Council con- curred that on Page 4, Item 12, paragraph 2, the words "and may cost from $200,000 to $250,000. just to submit the application" be stricken, with insertion of the words "and expensive" in their place. He stated the cost estimates were for another City in a similar situation.
**Councilwoman Casler requested and Council con- curred that on Page 8, Item 23, paragraph 2, the words."which may result in a problem with com- pleting the work on schedule'' be deleted, with insertion of the words "therefore, we cannot base an opinion on a report". She stated this correc.tion would correct1.y reflect .her objection
. . _." -
~qMp%c!LG&E
1 i