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HomeMy WebLinkAbout1978-08-15; City Council; MinutesI *. 4 CITY OF CARLSBAD . " GOUNCLME Meeting of: CITY COUNCIL (Regular Meeting) ROLL CALL: INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was given: APPROVAL OF MINUTES: (Approved by one motion) Minutes of the regular meeting held August 1, 1978, were approved as corrected. Minutes of the adjourned regular meeting held August 4, 1978, were approved as corrected. Mayor Packard read a letter from Margaret E. Adams, City Clerk, announcing her resignation effective August 31, 1978. Council expressed their appreciation and grati- tude to Mrs. Adams for her years of service to re1 uctance. EXECUTIVE SESSION: .Mayor Packard called an Executive Session at CONSENT CALENDAR: Mayor Packard stated Mr. Roy Ward had requested Item No. 14 be removed from the Consent Calendar. Councilman Skotnicki requested Item No. 6 and Item No. 8 be removed from the Consent Calendar. The following items, with the exception of Items . No. 6, 8 and 14, 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. cs01 Authorization was given the payment of bills for 2. AGENDA BILL #5525 - PAYMENT OF BILLS. the General Expenses of the City and for the Water Department as follows: City Operations $219,852.20; Water Department $13,184.87; Net Payroll Transfer $103,896.65; for a total of $336,933.72, as certified by the Director of Finance and approved by the Auditing Committee. 3. AGENDA BILL #5526 - RATIFICATION OF PAYROLL. [501 Ratiiication was given the payment of the pay- roll "in the amount of $169,810.81 for the period July 24, 1978 through August 6, 1978, as certi- fied by the Finance Director and approved by the Auditing Committee. D B. 8 A u g-u s.t .. CITY. . OF. CAR.LSBAD '..' , . ' -2- 15., 1978 ~~~ ~ CONSENT CALENDAR (Cont'd.) I 4. AGENDA BILL #5527 - REFUND OF PAYMENTS. Council authorized the requested refunds of over- I payment of charges made by the City. Specific requests are on fi1.e in the City Clerk's Office. I 5. AGENDA BILL #5111 - Supplement #4 - LA COSTA CANYON PARK. Resolution No. 5503, approving the application for 1974 State Grant Monies for La I Costa Canyon Park Development Project, was adopt Resolution No. 5504, approving the application f Land and Water Conservation funds La Costa Canyo Park Expansion Development Project, was adopted. f 7. AGENDA BILL #5288 - Supplement #2 - REPLACE- MENT OF CARPETING IN COUNCIL CHAMBERS AND POLICE - DEPARTMENT - CONTRACT NO. 7044. Council accepte the work and directed the City Clerk to record .I the Notice of Completion and Felease the bonds 35 days after recordation. I 9. AGENDA BILL #5528 - FEDERAL AID URBAN (FAU) FUNDS - PROPOSED STATE LAW - AUTHORIZING EXCHANGE OF FUNDS FOR STATE GAS TAX FUNDS. Resolution No. 5506, requesting modificatiqns to State law whick will provide that local jurisdictions may exchance the Federal share of each Federal Aid Urban Syst Project for an equal amount of Non-Federal Funds in the State Highway Fund, was adopted; and the Clerk was directed to forward a certified copy 5f the Resolution to the FAU Advisory Committee, the League of Ca1iforni.a Cities, and Carlsbad's State legislative representatives. I m 10. AGENDA BILL #5529 - CHARGE FOR RETURNED CHECKS. Resolution No. 5507, authoriz'ing the collection of a ten dollar ($10.00) charge for any check returned for any reason, was adopted. 11. AGENDA BILL #5530 - RESURFACING OF TWO CITY OWNED TENNIS COURTS - LAGUNA RIVIERA PARK AT PARK AND KELLY DRIVE. Resolution No. 5508, authorizing and directing the Purchasing Agent to resurface and stripe tennis courts, was adopted. 12. AGENDA BILL #3500 - Supplement #4 - ENCINA JECT - VALUE ENGINEERING CONTRACT. Resolution No. 5509, approving the execution ofan agree- ment between Vista Sanitation District and Arthur Beard Engineers, Inc. for Value Engineer- ing Services in connection with Phase I11 enlargement and upgrading of the Encina Water Pollution Control Facility, was adopted. WATER POLLUTION CONTROL FACILITY PHASE I11 PRO- . 13. AGENDA BILL #5531 - GIFT TO CITY OF CARLSBAD FOR PARAMEDIC UNIT. Resolution No. 5510, accepting a gift of money to be deposited in the Paramedic Fund, was adopted; and staff directed to prepare an appropriate letter of appreciation on behalf of the City Council. &Q COUNCILME CITY OF CARLSBAD . -.. COUNCltME -3- - D D August 1:5, 1978 23% 1 I l!. ITEMS REMOVED FROM CONSENT CALENDAR: [dl 6. AGENDA BILL #5128 - Supplement #1 - SAN DIEGO REGIONAL WATER RECLAMATION AGENCY ANNUAL DUES. Councilman Skotnicki stated he favored the City' participation in the Agency; however, was unawar of any progress to date due to the unavailabilit of State funds. Therefore, he suggested con- tinuing with the membership this year and if no progress is made in the forthcoming year, that consideration should be given to discontinuing membership in the Agency. Council expressed concurrance with Councilman Skotnicki 's remarks. C B s Council authorized the payment of $5,400 for Motion annual dues to the San Diego Regional Water Ayes Reclamation Agency. [63] 8. AGENDA BILL #5273 - Supplement #2 - AUTOMATEL. LIBRARY CIRCULATION CONTROL SYSTEM - DOWNPAYMENT FOR SYSTEM. Councilman Skotnicki -stated he had requested the item removed from the Consent Calendar in order to allow him to make a comment and ask a questio about the matter. I Councilman Skotnicki briefly outlined the histor of.the matter since Council approval of the 5ystem. In addition, he referenced his previous requests of staff to attempt to obtain additiona participants in order to decrease the cost. He continued stating- Council has been under pressur to ensure the Library's budget is not cut significantly. Therefore, it was his feeling that this item should be brought to the attentio of the public in order to inform the public th.at the Library is not being "picked on". s 6 r Councilman Skotnicki then questioned where the remainder of the necessary funds woud be obtained. The City Manager stated the lease payments would be included in each year's budget. The following Resolution was adopted by title only: RESOLUTION NO. 5505, AUTHORIZING THE PAYMENT FOR Motion THE DOWN-PAYMENT OF A LIBRARY CIRCULATION CON- Ayes TROL SYSTEM. I Councilman Anear questioned if the System was 'included in the City of Oceanside's Budget. I- The City Manager responded in the affirmative. [30] 14. AGENDA BILL #5532 - AMENDMENT TO BUILDING - CODE REQUIRING FIRE RETARDANT .ROOFS. Mayor Packard stated Mr. Roy Ward had requested the item removed from the Consent Calendar in that he desired to address Council concerning the matter. CI $" c -4- August' 15, 1978 ~~~~~~ ~ ~~~~~~~ .~ Council recognized Mr. Roy Ward, 3088 Pi0 Pic0 Drive, Carlsbad. Mr. Ward stated he felt Council should be aware of additional information regarding 'the matter. He indicated he had called two builders and they had estimated an increase of between $1,250 to $1,860 for a housing unit in Carlsbad if the fire retardant roofs are required. Mr. Ward stated the requirement would affect nearly every house in Carlsbad, and questioned the actual need for same. In addition he ques- tioned the number of fires which have spread in the City in the last few years, and the effect on the fire rating. He further questioned the effect on units near open space and parks. Mr. Ward concluded by suggesting the matter be tabled until such time as additional input has been received from people in the housing industr Councilman Anear referenced types of fire retar- dant roofs that are less costly than combu'stible roofs which should reduce rather than increase > the cost of a unit. In addition, he cited in- stances of brush fires in and near Carlsbad whic could have resulted in extensive damage had they spread to developed areas. Council recognized- Mr. Fred Morey, 2623 Abedul , Carlsbad. Mr. Morey suggested the matter be contin-ued until such time as a map could be pre- pared reflecting areas that would be affected by the requirement. In addition, he suggested the requirement be modified to reflect only those areas where brush is a problem. Following.further discussion, Council instructed the City Attorney to prepare the appropriate documen'ts for amending the Uniform Building Code to require fire retardant roofs on all structure constructed or moved within 1500 feet of brush covered lands, as described in the Memorandum fr the Fire Chief to the City.Manager dated May 31, 1978. ' '. -4 ORDINANCES FOR ADOPTION: ~991 15. AGENDA BILL #-5i5-43 - Supplement #1 - AMEND- MENT TO CARLSBAD SUBDIVISION ORDINANCE - WAIVER OF PARCEL MAP. The following Ordinance was -given a se.cond read- ing by title only, and adopted: 0RDIN.ANCE NO. 9504, AMENDING TITLE 20, .CHAPTER PAL CODE BY THE ADDITION OF SUBSECTION 20.24.150(a)(4) AND BY THE AMENDMENT OF'SUBSECTI 20.24.150(b) TO PROVIDE FOR A WAIVER OF A PARCEL MAP FOR EXISTING POWER PLANTS. 20.24, SECTION 20.24.150 OF THE CARLSBAD MUNICI- ~ I I I PUBLIC HEARINGS: Mayor Packard stated the Public Hearing items, numbers 16, 17 and 18 on the Agenda, would be I considered at the advertised time of 7:30 P.M. Y F" hS -5- .August* 15, 1978 B -7.: B ~ ~ ~ ~~ ~ ~"~_~ - DEPARTMENTAL AND CITY MANAGER RE,PORTS:' P1 anni ng 19. AGENDA BILL #5452 - ZONE CODE AMENDMENT SB201 - SCHOOL FEE 0RDINAN.CE ZCA-99. The City Attorney ga,ve a brief introduction of the matter stating the Ordinance had been re- drafted and was before Council at this time for their consideration. In response to Council questions, the City Attorney clarified the contents of Sections 21.55.120, 21.55.150, 21.55.210 and 21.55.290 of the proposed Ordinance. In addition, Council questioned if 'School Dis- tricts would honor previous agreements with developers, and whether developers who had already paid a fee would be required to pay an additional fee. The City Attorney stated the proposed Ordinance does not establish the fees, and that prior to the adop'tion of a Resolution setting fees,, it would be necessary to receive a determination from the School Districts regarding existing agreements with developers. He further stated th-at those fees already paid by developers could be credited against, the new fees established. Following further discussion, the following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 9505, AMENDING' TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAP- TER 21.55 RELATING TO THE PROVISION OF INTERIM SCHOOL FACILITIES BY REQUIRING DEDICATIONS OF LAND AND FEES, with the added provision that the date of September 5, 1978 be ins'erted in Section 21.55.290. 20. AGENDA BILL #5519 - Supplement #1 - ZONE SHAPED LOT. The C.ity Attorney stated the matter was back for documents. ...-;*--- The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 9506, AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.04.265 TO REVISE THE ,. CODE AMENDMENT - LOT WIDTH FOR REVERSED PIE- ., DEFINITION OF "LOT WIDTH" FOR PIE-SHAPED LOTS. ZCA- 87. ". ~~~~~~~~ - 3) D F -6- August' 15, 1978 [114] 21. AGENDA BILL #5521 - Supp1emen.t #l - ZONE CODE AMENDMENT - CLARIFYING PROVISIONS 'FOR PUBLIC UTILITY USES - ZCA-97. The Assistant Planning Director gave a brief report on the matter'in regards to previous questions of Council concerning the definition of conversion plants stating there is no common terminology for same. Therefore, this matter was being set to public 'hearing before the Planning Commission which would make the necessar changes to Chapter 21.42, Section 21.42.010, Sub- section (2)(J). He continued stating this would allow the Zone Code Amendment to be adopted by Council with the knowledge 'that an amendment to same would be before Council for their consideration following Planning Commission's action on the matter. I- The following Ordinance was introduced for a first r..eading by title only: .ORDINANCE NO. 9507, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARI- .\ OUS CHAPTERS AND SECTIONS TO REVISE THE PROVISIOh -7; : '\r REGARDING PUBLIC UTILITY USES. I [25] 22. AGENDA BILL #5534 - MUNICIPAL ORGANIZATION ACT OF 1977 (MORGA). The Assistant Planning Director gave a staff report outlining the criteria for annexation under MORGA.. He referenced a wall exhibit show- ing the five County areas considered by staff for annexation and stated there was some questior as to the definition of the criteria requiring the area to be "substantially developed". He continued stating it therefore appeared that the San Marcos County Water District training site was thec only area meeting the criteria for annexi tion under MORGA. Council discussed the ma-tter briefly and directec staff to initiate annexation proceedings under the Municipal Organization Act of 1977 on all five.'areas as outlined by staff. The City Manager questioned whether Council had Schreiber's annexdtion of land in the Ponto area Council expressed no objections-. i ' any objections to..pJo.ceeding with Mr. Dale I [gg] 23. AGENDA BILL #5535 - EXPIRATION DATE - PLANNI UNIT DEVELOPMENT. The Assistant Planning Director gave the staff report on .the matter stating that according to State law, approved tentative subdivision maps will not expire during the period of a sewer moratorium. However, Planned Unit Developments run concurrent with some tentative maps and the Planned Unit Developments will expire even though a valid tentative map exists. NCIkMi PGSeQB B D Y F -7- .August' 15, 1978 Council directed the City Attorn.ey to prepare an Ordinance amending Section 21.45.130 of the Planned Unit Development regulation to provide that the Planned Unit Development will be on the same time sequence as the tract map, and to forward same to the Planning Commission for pub1 ic hearing. [105l 24. AGENDA BILL #55'36 - FIFTH YEAR BLOCK GRANT SCHEDULE - SUPPLEMENT. I The .City Manager gave a brief report on the 1. . matter. Council approved the timetable as outlined in the Memorandum from the Redevelopment Coordina- tor to the City Manager dated August 4, 1978, and authorized the City Manager to advertise and hold a administrative public hearing on September 21 , 1978. I PUBLIC HEARINGS: 16. AGENDA BILL #5181 - Supplement #2 - . CONDOMINIUM/CONDOMINIUM CONVERSION - ZCA-94 (CONTINUED FROM MEETING OF AUGUST 1 , 1978..) [1141 16. AGENDA BILL #5181 - Supplement #2 - . CONDOMINIUM/CONDOMINIUM CONVERSION - ZCA-94 (CONTINUED FROM MEETING OF AUGUST 1 , 1978..) [1141 The Assistant Planning Director gave a brief introduction of the matter stating Mr. Fred Morey and Mr. Don Brown had requested a contin- uance previously in' order to allow them time to provide Council with written concerns about the proposed ordinance. Mayor Packard stated the public hearing was . . still open and asked if anyone wished to be heard. Mr. Fred Morey, Vice President of Governmental Relations, La Costa Land Company, Costa Del Mar Road, Carlsbad, addressed Council. Mr. Mo'rey stated he had provided written comments concern- ing the matter and would be happy .to respond to any questions Council mgy have. Mr. Bob Ladwig, President 'of the Chamber of Commerce, addressed Counctl stating the Chamber had submitted a letter for consideration. He expre.ssed willingness to respond to any question Council may have.->-- Council discussed various Sections of the pro- posed Ordinance referencing comments contained in the letters from La Costa Land Company and the Chamber of,Commerce. 0 With regard to Section 3, Council concurred that a site plan be required with the permit applica- tion. With regard to Section 11 , Council .discussed. the requirement of providing landscaping plans. Staff indicated the requirement had been include in an attempt to reduce cost and water consump- tion. NClhME Motion Ayes Motion Ayes - m - B reviewing a great number of plans. lack of a majority. In response to Council questions, the Assistant Planning Director drew an example on the black- board of the requirement contained in Section 13, Subsection (l)(A) concerning setbacks. Mr. Fred Morey addressed Council requesting clarification in that it appeared the requirement qlrired for single-family homes. Mayor Packard stated it appeared the matter of the proposed ordinance would require a great deal of time, and suggested the matter be sche- duled for a workshop session. Council con'curred with the suggestion. The City Manager stated some developers are currently building and staff will furnish a re- port to Council regarding the handling of those currently in process. Mayor Packard closed the public hearing at 8:14 P.M. a.nd directed staff to set the matter to a workshop at the earliest possible date. The City Engineer gave a stafT report on the matter outlining the contents of his Memorandum to the 'City Manager dated August 7, 1978 and the recommended vacation of 13 feet along Madison Street rather than 18.84 feet. Mayor Packard asked if anyone wished to speak on Mr. Donald Agatep, The Agatep Company, 2921 Roosevel t, Carlsbad, representing Dr.. Murphy, addressed Council=;,He stated the application for the vacation of Madison was made at the request of staff, and he had no objections to vacation of 13 feet rather than 18.84 feet. He requested Council's favorable consideration of t.he matter, explained the proposed project and displayed three renderings of same. addressed Council urging their favorable consid- eration of the vacation. Mr. Dale Schreiber, 1457 Crest Drive, Encinitas, addressed Council in favor of the vacation. - b B CITY F -9- "August' 15, 1978 ~ ~~ "" ~~"~-~~~ li Mr. Henry Thompson, 330 Chestnut, Carlsbad, addressed Council. Mr. Thompson questioned the area to be vacated, whether there would be pro- visions for sidewalks and expressed concern about street trees being removed with no mention of preserving same. He'concl uded by expressing the feeling that the area should be utilized as a park, parking space or resting place. Since no one else wished to be heard, Mayor Packard closed the public hearing at 8:29 P.M. In response to Council questions, the City Engineer stated he could see no need for retain- ing the area in question for future street needs. The following Resolutions were adopted by title only: RESOLUTION NO. 5517, VACATING A PORTION OF MADISON STREET, with instructions that Exhibit "A" be amended to reflect a vacation of 13 feet rather than the 18.84 feet as shown. RESOLUTION NO. 5518, VACATING A 20-FOOT ALLEY. "? ..>< I 18. AGENDA BILL #5533 - APPEAL OF THE DECISION "08' OF PLANNING COMMISSION - VARIANCE FROM SIGN - ORDINANCE - GRAPHIC SOLUTIONS - VARIANCE 281. The Assistant Planning Director gave the staff report on the matter outlining the request for the variance and the Planning Commission's reasons for denial. He referenced'a wall exh'ibi which displayed the 1ocation.of the property and the proposed sign. t Mayor Packard asked if anyone wished to speak regarding the matter and declared the public hearing open. Mr. Ruben Andrews of Graphic Solut.ions, 2952 Main Street, San Diego, ..representing the appel- lant, addressed Council. Mr. Andrews expressed the feeling that a property owner has a right to attempt to sell property by placement of a sign, and expressed the need for a larger sign. w Since no one else.+i-shed to be heard, the Mayor closed the public hearing at 8:49 P.M. Council directed the City Attorney to prepare the necessary documents denying the appeal of Variance 281 based on the findings of Planning Commission Resolution No. 1455. Councilman Skotnicki stated he had observed a number Of offsite signs and questioned whether any member of staff was assigned to'pol'ice such matters. In response, the City Manager stated staff would be pursuing the matter. ~. NCDLk4E Motion Ayes Motion Ayes Motion Ayes F - 10 - .August' 15, 1978 0 '9; B RECESS: Mayor Packard called a.-recess at 8:52 P.M. and Council reconvened at 9:04 P.M. with all Council members present. Mayor Packard stated Agenda Item No. 37 would be taken out of order and considered at this time. [70] 37. AGENDA BILL #55.46 - REQUEST TO ADDRESS CITY COUNCIL - BEACH ACCESS ON OCEAN STREET -.ENDRE ALGOVER. Mayar Packard stated the item was not a public hearing; therefore, only those who had previously requested an opportunity to speak on the matter would be heard. In addition, he requested the presentation be limited to no more than twenty minutes. The City Manager gave a brief staff report out- lining the history of the matter. He stated the dedication of the Ocean Street beach access was originally a requirement of the Coastal Commis- sion. However, the Coastal Commission never acted on the matter and the access was nev'er offered for dedication to the City. He concluded Council in the future, but was not before them at this time for their consideration.' ..iJ ,> by stating the offer of dedication would be befor I > Mayor Packard referenced a letter from Mrs. Laduska Biller, 2658 Ocean Street, Carlsbad, concerning the matter and acknowledged receipt of same by Council. Mr. Endre Algover, 2650 Ocean Stree't, Carl sbad, . . addressed Council. Mr. Algover stated .there are no, public access easements for five blocks, which creates an economic hardship. He continued stating the lack of an access in this area aids tourist rentals along the beach and deters, those across "the street. Mr. Patrick Dillard, 2850 Ocean Street, Carlsbad, feeling that a lo-foot. access is -not necessary. He requested that the access be. re-opened due to the economic impact on the City, and to maintain the beach as a public beach. Mr. Thomas Jackson,,.l120 Chinquapin, Carlsbad, addressed Council. He stated the lack of proper beach access hurts tourists and residents. Mrs. Frances Swingle, Indio, California, addresse Council. She explained her experiences in Carls- bad over the past few years and efforts to find an access to the beach. She stated the access is convenience to people who live in the vicinity of the beach, but do not have beach frontage. * addressed Council. Mr. -Dillard expressed the I Mr. Don Schwi'ngle, 2775 Ocean Street, Carlsbdd,. addressed. He questioned what would happen should an accident occur on the beach requiring Paramedics in an area where there is no access. ccwNCB&M! I ~ ~ 1 j I i - 11 - August' 15, 1978 ~-~ ~ ~~ ~ Mr. Endre Algover addressed Counci.1 summarizing the comments made and requesting the restoration of the-beach access at Ocean Street. Mr. Dick McMahan, 2701 Ocean Street, Carlsbad, addressed Council. He stated the Cedar Street access is now open. He explained the many un- pleasant experiences which had .occurred on and near his property when the access had been open, such as vandalism and theft. In this regard, he expressed the feeling that a five-foot access is not safe and requested that the City keep it closed. Council questioned the Cedar Street access, and requested a report from staff on same. In addition, Council expressed concern with re- gard to safety of an access which would be five feet wide. In this regard, the City Manager stated staff would correspond with the Coastal Commission .expressing the feelings and concerns of Co-unci1 as to safe access widths. 25. AGENDA BILL #5249 - Supplement #1 - SENIOR CITIZEN HOUSING ZCA-85. The Redevelopment Coordinator, Jack Henthorn, gave the staff report briefly outlining the contents of his Memorandum to the City Manager dated June 8, 1978, and e8plained three a1 terna- tives available to Council. Council discussed whether the item was related to Article 34 which will appear on the November ballot, or should be considered separately. Council recognized Mr. William Rick of Rick EngineeWng, 3088 Pi0 Pico, Car.lsbad. Mr. Rick stated there would be no variances from the buil ing codes. The only variance would be in densit and parking. . .- Councilman Skotnicki referenced Attachment 2 and referenced its similarity to those alternatives presented to Council previously with the-excep- tion that this contains: no restriction for income. He express@ approval of Attachment 2 with a slight modification. Councilman Skotnicki stated there had been an attempt throughout to discourage such a project from reverting or converting to another use. In this regard, he questioned if there was any way of escalating the value of the project differen- tial to keep up with the cost of land, thereby discouraging conversion in future years. Staff expressed the feeling that it could be accompl i shed. Further Council discussion related to the parkin and the money and staff time which would be necessary to administer such a program. ) I - I) D LS Au ust 15, 1978 In response to Council questions, staff indicate1 the matter of suitability of such a project to a neighborhood would be considered. Council recognized Mr. Raymond Ede representing the Senior Citizens of Carlsbad. Mr. Ede stated the greatest need for seniors is that for housinl Council directed the City Attorney to prepare th necessary documents approving ZCA-85 as outlined in Attachment 2 to Exhibit I of the Memorandum to the City Manager dated June 8, 1978, to include such necessary revisions as may be necessary to provide for maintaining the project area differential in line with housing costs in future years. 26. AGENDA BILL #5537 - ANNEXATION OF MAY COM- :251 PANY LAND FROM OCEANSIDE. Mayor Packard gave a brief report stating that a part of the agreement with Oceanside, Oceanside had requested that Carlsbad drop the proceedings for annexation of the land owned by May Cdmpany which is in Oceanside. .Therefore, he recommende ' d -> that Carlsbad concur with the request. Councilman Skotnicki gave a brief history of the matter expressing the feeling that at the time o consideration of the new agreement with May Stores, Carlsbad had erred in not requiring May Stores to make the necessary arrangements to in- sure t.hat all property for the development was in the City of Carlsbad. In addition, Councilman Skotnicki stated at the time of preparation of the Sphere of Influence, the Chamber had advised that the boundary be changed. 'The City took no action. As a result, the City had to agree at the demand of Oceanside to pay 'them $700,000. Therefore, Councilman Skotnicki urged Council to consider continuing with-the annexation proceed- ings in that if it is .approved, there would be no basis .nor need for an agreement with Oceansid for 'financial arrangements. He concluded stating if Council felt .the annexa- tion proceedings s-hauld not continue, then Oceanside's reques.t should be considered in a manner similar to their consideration of the request for the parking lot. That being if Oceanside desires to rescind the finan.cia1 agree ment, then Carlsbad would cease the annexation proceedings. Mayor Packard referenced discussions with Mr. Michael Gotch and the indications that the Spher of Influence would not be changed. Therefore, as per discussions with Oceanside, Mayor Packard ' ex'pressed the feeling that the annexation procee ings be discontinued. I NC0kM8 ,I for annexation of the May Company land located 27. AGENDA BILL #5538 - BUILDING ELEVATIONS FOR cg41 PROPOSED BROADWAY STORE - PLAZA CAMINO REAL. Mr. Don Rose of the Planning Department, gave a brief report on the matter explaining the con- struction materials and displaying samples of same. In addition, he displayed a scale model of a portion of the proposed store and explained the elevations of same. Store as shown on Exhibit A, dated August 8, 1978, on file in the City Clerk's Office, finding that Broadway is proportional to other structures in the center and will not have an adverse affect on surrounding properties. Pub1 i c Works FOR ALTERNATE METHOD OF SEWAGE TREATMENT -. PAPAGAYO DEVELOPMENT. The City Engineer gave a brief introduction of the matter referencjng his Memorandum to the Public Works Administrator dated August 7, 1978. Mr. Hunts continued explaining the'benefits of using reclaimed water of-fered by such a system, and stated the use of t.his-system would decrease water usage. He further stated-the system would be completely self-contained within the Papagayo development and would not adversely affect the City's plan for satellite plants. in that Papagayo is not included ir+wy of the drainage basins. Mr. Hunts concluded by stating the system will provide public safety, health and welfare, as well as providing additional growth and housing, and urged Council's approval of the syste.m. Council recognized the consultant for the project trols, included and stated the plant would be designed and built of well-constructed equipment. I i I CIT FC - 14 - Auqust '15, 1978 - e Mr. Fannon concluded by stating it- would not be part of the City's Water Reclamation Plan, would not be a satellite plant, and would not cost the City anything. In response to Council questions, Mr. Hunts and Mr. Fannon indicated that studies had been pre- pared.regarding water permeating the bluff. In addition, the entire system would be underground and the sludge created would be used on open spaces within the development. Following further discussion, Council expressed the desire of investigating a similar plant currently in operation. I Council continued the matter to allow time for investigation of similar existing facilities. 1 29. AGENDA BILL #5539 - REQUEST TO REACTIVATE JOSEPH ..GALLAGHER. 301 BUILDING PERMIT AND ISSUE SEWER ALLOCATION - u, ,I .The City Engineer gave a brief introductio-n,of the matter. Council recognized Mr. Joseph A. Gallagher, 4305 Sea Bright Drive, Carlsbad. Mr. Gallagher briefly out7ined the contents of his letter to Council dated July 25, 1978, and requested their consideration of same. Following brief discussion, Council approved the applicant's request and directed staff to re- activate the building permit and grant the sewer allocation. ' .:\ .'.J ,[g3] 30. AGENDA BILL #5540 - SEWER ALLOCATION APPEAL PROPOSED PROFESSIONAL DEVELOPMENT - APPELLANT - JACK KUBOTA - NICK SAUER. o .I Mayor Packard stated the item was being continue in that a request had been received from the appellant requesting same. I. Mayor Packard stated Item No. 38 would be taken out .of order and discussed at this time. I [113J 38. AGENDA BILL #5547 - ENCINA POWER PLANT FALLOUT - DAMAGE C-LJIMS. 9 The City Manager gave a report.stating Council had previously requested that'.two issues by re- solved. First Council had requested a clarifi- cation of some qualifications contained in Dr. Goldsmith's letter concerning the impact of the additi'ves. Secondly, Council had requested a survey of the Terramar residents as to complaints and'how San Diego Gas & Electric was resolving those com- plaints in order to obtain assurances that they are continuing their claims adjustment. Mr. Frank Mannen then gave a brief staff report with regard to .the claims as contained in his Memorandum to the City Manager dated August 7, 1978. Augu C281 I) C281 r-691 B C681 .. .. CITY OF CARLSBAD COUNCILME - 15 - It was moved that the report be accepted qnd filed. 40. AG.ENDA BILL #5549 - APPOINTMENT TO OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE - SAN DIEGO COUNTY. The following Resolution was adopted by title only: RESOLUTION NO. 5516, APPOINTING A REPRESENTATIVE Motion X TO THE OVERALL ECONOMIC DEVELOPMENT PROGRAM, Ayes that representative being Walter Chenoweth. xx 41. AGENDA BILL #5418 - APPOINTMENTS TO COMMITTEZ ON SENIOR CITIZEN AFFAIRS. The following Resolutions were adopted by title only (by one motion): -. RESOLUTION N0.5389, APPOINTING A MEMBER TO THE Motion COMMITTEE ON SENIOR CITIZEN AFFAI-RS OF THE CITY Ayes x OF CARLSBAD, that member being Ralph Monell. x: RESOLUTION NO. 5390,APPOINTING A MEMBER TO THE COMMITTEE ON SENIOR CITIZEN AFFAIRS OF THE CITY OF CARLSBAD, that member being Francis Lantz. 42. AGENDA BILL #5524 - APPOINTMENTS TO PARKS - A.FD RECREATION COMMISSION. The following Resolution was adopted by title only: RESOLUTION NO. 5498, APPOINTING ONE MEMBER TO THE Motion X PARKS AND RECREATION COMMISSION, that member Ayes being Laurie Nelson Boone. xx Mayor Packard stated Agenda Items 3.1 through 36 and Item 39 would be considered at an adjourned meeting due to the late hour. CITY COUNCIL ADDITIONAL BUSINESS: Councilwoman Casler questioned the feelings of Council as to her attendance at a-Human Resources meeting on August 25, 1978, in Burlingame. She stated she is appointed as a representative from San Diego County to this League of California Cities committee, and questioned Council's feelin as to the City paying her travel expenses to the meeting. Councilman Skotnicki stated he is in. a similar position in that he is a member of the Environ- mental Quality Policy subcommittee. Following brief discussion, Council approved Motion Councilwoman Casler and Councilman Skotnicki 's Ayes XX) attendance at the meetings with the City paying travel expenses for such attendance. Mayor Packard requested Council consideration of the draft argument in favor of the proposition for low rent housing. . .. .- . . L CITY OF CARLSBAD COUNCILME - 16 - It was the concensus of Council that the draft of the argument in favor of the proposition re low rent housing be approved as submitted. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:03 A.M. to Tuesday, August 22, 1978, at 7:OO P.M. in the Council Chambers.