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HomeMy WebLinkAbout1978-09-05; City Council; Minutesh.. I . - D Meet Time Date Plac - 1801 ~361 CITY OF' CARLSBAD WNCJLME ing of: CITY COUNCIL (Regular Meetins) of Meeting: 6:OO P.M. of Meeting: September 5, 1978 e of Meeting: Counci 1 Chambers ROLL CALL: Councilman Anear arrived at 6:16 P.M. INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was given. Minutes of the adjourned regular meeting held August 8, 1978 were approved as presented. Absent Minutes of the regular meeting held August 15, 1978 were approved as presented. Minutes of the adjourned regular meeting held August 22, 1978 were approved as presented. PRESENTATIONS: Mayor Packard presented a Proclamation to Margaret E. Adams in appreciation of her twenty- one years of service to the City of Carlsbad as City Clerk. Mayor Packard presented a Proclamation to D.W. Egermayer in appreciation of his three and one half years of: service to the City of Carlsbad .=-as a member and chairman of the Parks and Rec- reation Commission. The Mayor indicated that Agenda Item No. 33 would be taken out of order and heard at this time. 33. AGENDA BILL #5572 - RESIGNATION OF CITY CLERK- It was recommended that Council appoint the Deputy City Clerk to replace Margaret Adams as City Clerk for the remainder of her term which will expire in March of 1982. Council then discussed the matter of appointing someone to fill the unexpired term. Councilman Skotnicki inquired about what impact the appointment would have on the possibility of placing the matter on the ballot for the voters to make the Office of City Clerk an appointive rather than 'an elective one. He expressed the opinion that the City Clerk shoul i be a.ppointed and therefore under the direction of the City Manager, and indicated, his concern over the combination of jobs of City Clerk and Business License Supervisor. Staff responded that even if the measure were to be put on the ballot at the earliest possibl date, the Office of City Clerk could not be made an appointive one until the end of the term in 1982, so that someone would have to serve out the remainder of the term. Councilman Anear commented that some cities in similar situations have appointed the City Manager to act as City Clerk and suggested Council take such action. . .~- - .~ "~ "" ~ ."" ~~~"_ - B B .~ .. CITY OF CARLSBAD COUNCILME -2- Councilwoman Casler reiterated the necessity of filling the City Clerk-'s position for the unexpired term until 1982, and added that Counci should consider the option of making it an ap- pointive office at a later date. remarks and stated,that the matter of whether or not to make a change in the manner of selec- tion of the City Clerk should be placed on the agenda at a future date. It was moved that Council appoint the Deputy Margaret E. Adams administered the Oath of Office to Aletha L. Rautenkranz, the newly appointed City Clerk. CONSENT CALENDAR: Councilwoman Casler requested that Item #15 be removed from the Consent Calendar. 1. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances before Council at this meeting. 2. AGENDA BILL #5550 - PAYMENT OF BILLS. Authorization was given the payment of bills fo the General Expenses of the City and for the Water Department as follows:. City Operations. $336,061.26; Water Department $77,314.45; Net Payroll Transfer $204,604.82; for a total of $617,980.53, as certified by the Director of Finance and approved by the Auditing Committee. ment, was adopted. 0 B B 1. . .. " . CITY OF CARLSBAD -3- September 5. 1978 [991 DO61 [lo81 C681 [92 1 ~981 1 I [791 [72 1 CONSENT CALENDAR, (Cont'd): 6. AGENDA BILL #4096 - Supplement #3 - CONDOS. I ACCEPTANCE OF IMPROVEMENTS - CT 77-1 - WHITAKER Council accepted the improvements as completed and directed the Ufilities/Maintenance Director to commence their maintenance and the City Clerk to release the security for public improvements. 7. AGENDA BILL #5037 - Supplement #1 - - UTILITIES RELOCATION - SEWER AND STREET LIGHTING ELM AVENUE STORM DRAIN (DEPARTMENT OF TRANSPORTA-- TION PROJECT.) . - - - - . - Resolution No. 5520, authorizing and directing the Mayor to execute a Utilities Agreement for the relocation of electrical facilities in Elm I Avenue, was adopted. Resolution No. 5521, authorizing and directing the Mayor to execute a I Utilities Agreement for the relocation of sewer facilities in Elm Avenue, was adopted. I 8. AGENDA BILL #5533 - SU OF VARIANCE 281 - TO INCREAS SIGN - GRAPHIC SOLUTIONS. Resolution No. 5522, upholdi Commission recommendation an the appeal of a variance (V- square foot freestanding rea property generally located a ner of Palomar Airport Road was adopted. pplement #1 - APPEAL E HEIGHT OF REAL ESTITE ng the P d decisi 281) to 1 estate t the so and Yarr lanning on and denyir g erect a 100 sign on uthwest cor- ow Drive, 9. AGENDA BILL #5553 - LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE - ANNUAL LEAGUE CONFERENC - SEPTEMBER 24th - 26th, 1978. Council appointed Mayor Packard as voting dele- gate and Vice Mayor Anthony J. Skotnicki as al- ternate by minute motion. 10. AGENDA BILL #5554 - MODIFICATION OF DIGESTERS CONTRACT NO. 1055. Resolution No. 5523, approving specifications anc authorizing City Clerk to invite bids for modifi- cation of digestion tanks 1 and 3 at the Encina Water Pollution Control Facility (contract #1055:, was adopted. 1 AND 3 - ENCINA WATER POLLUTION CONTROL FACILIT'r- 11. AGENDA BILL #5555 - PROPOSED STREET NAME CHANGE - GAVIOTA LANE. Council directed the Planning Commission to hold a Public Hearing to change Gaviota Lane to an appropriate name. 1 12. AGENDA BILL #5556 - COUNCIL POLICY RE PUBLIC FACILITIES ELEMENT - SCHOOLS. Council approved and adopted revised Council Policy No. 17. 13. AGENDA BILL #5557 - NO PARKING ON PASEO DEL NORTE - BETWEEN CAMINO DEL PARQUE AND CAMINITO MADRIGAL. Resolution No. 5524, designating a parking re- striction on Paseo Del Norte between Camino Del Parque and Caminito Madrigal, was adopted. I COUNCILME - Ad - B B Sept I C811 [74 1 i E601 I I c741 C45 1 I I [411 E41 1 E81 1 I CITY OF .. . . " . . CARLSBAD .COUNCILME -4- ember 5, 1978 J5-9 14. AGENDA BILL #5558 - .GIFT TO CITY IN MEMORY OF ROSE GIANSIRACUSA. Resolution No. 5525, accepting a gift of money fo plantinq a tree in Maqee Park in memory of Rose Giansiracusa, was adopted.. It was directed that an appropriate letter- be sent on behalf of the City by the Ma 16. AGENDA BILL #5560 - AFFIRMATIVE ACTION PRO GRAM STATUS REPORT FISCAL YEAR 1977-78. Council accepted the Affirmative Action Program Status Report for fiscal year 1977-78, and re- tained the program with one change which would provide for the annual evaluation to be submitte to the City Council following the end of the fiscal year. S' - - C 17. AGENDA BILL #5561 - LIMIT ON AUTHORITY OF R.L. KAUTZ AND COMPANY TO SETTLE WORKMEN'S COM- PENSATION CLAIMS. Resolution No. 5532,authorizing R.L. Kautz and Company to settle individual worker's compensati I 17. AGENDA BILL #5561 - LIMIT ON AUTHORITY OF R.L. KAUTZ AND COMPANY TO SETTLE WORKMEN'S COM- PENSATION CLAIMS. Resolution No. 5532,authorizing R.L. Kautz and Company to settle individual worker's compensati I claims in an amount up to five thousand dollars, was adopted. 18. AGENDA BILL #5562 - CONTRACT FOR LABOR RELATIONS CONSULTANT. Resolution No. 5527, authorizing the Mayor to execute a contract with William Hamilton and Associates for the purpose of serving as Labor Relation Consultants, was adopted. 18A. AGENDA B'ILL #5567 - CLAIM AGAINST THE CITY LISA MAR1 E GARRETT. Resolution No. 5528, denying a claim. against the City, was adopted. City Attorney to forward to City's Isurance Carrier. BECKMAN INSTRUMENTS. Resolution No. 5529, denying a claim against the City, was adopted. City Attorney to forward to City' s Insurance Carrier. 18B. AGENDA BILL #5568 - CLAIM AGAINST THE CITY -. ITEMS REMOVED FROM CONSENT CALENDAR: I 15. AGENDA BILL #5559 - GIFT TO THE CITY IN MEMORY OF JOHN KENNETH COX, Councilwoman Casler stated that she had requested this item be removed from the Consent Calendar due to the request that had been received from the donor, that the money be used specifically for the children of. Carlsbad. She recommended that Council obtain recommendations from the Parks and Recreation Commission as to possible ways to use the money-and Council .concurred. I It was moved that Council adopt Resolution No. 5526, accepting the gift and establishing a trust fund and direct that an appropriate letter be sent on behalf of the City from the Mayor. ~~ r or. n - - Motiot Ayes 1 xx ? P X X - B B I . .. CITY OF CARLS5AD COUNCILME -5- ORDINANCES FOR ADOPTION: The following Ordinance was given a second readin by title only, and adopted: ORDINANCE NO. 9505, AMENDING TITLE 21 OF THE CARLS- BAD MUNICIPAL CODE BY THE ADDIITON OF CHAPTER 21.55 RELATING TO THE PROVISION OF INTERIM SCHOOL FACILITIES BY REQUIRING DEDICATIONS OF LAND AND FEES. [I141 20. AGENDA BILL #5519 - Supplement #1 - DETERMINATION OF LOT WIDTH FOR REVERSED PIE-SHAPED LOTS - ZCA-87. The following Ordinance was given a second read- X ing by title only, and adopted: Motion 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 DEFINITION OF Ryes xx: "LOT WIDTH" FOR PIE-SHAPED LOTS. [114] 21. AGENDA BILL #5521 - Supplement #1 - ZONE CODE AITEXDTENI IU CLAKlhY PKUVISIUNS tUK PUBLlC KTILITY USES - ZCA-97. The following 0rdinance.was given a second read- ing by title only, and adopted: Motion ORDINANCE NO. 9507, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARICUS CHAPTERS AND SECTIONS TO REVISE THE PROVISIONS REGARDING PUBLIC UTILITY USES. Ayes xx: [88] 22. AGENDA BILL #5543 - AMENDMENT OF MUNICIPAL CODE REGARDING FOOD VENDING VEHICLES AND PRE- PARED SANDWICHES. The City Manager responded to Council's previous questions concerning the difference in time restraints for selling fresh and frozen sand- wiches. He indicated that the Health Department stated that the reason for this was the fact that the freezing process kills all the bacteria and therefore, sandwiches that had been frozen could be kept and sold longer than fresh ones. The following Ordinance was given a second read- ing by title only, and adopted: Motion ORDINANCE NO. 5054, AMENDING TITLE 6, CHAPTER 6.02, SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDIITON OF SUBSECTION (i) TO REVISE PARED SANDWICHES AND PREPARED FOOD VENDING VEHICLES. Ayes xx THE HEALTH AND SANITATION REGULATIONS FOR PRE- [88] 23. AGENDA BILL #5544 - AMENDMENT OF CARLSBAD MUNICIPAL CODE REGARDING FOOD HANDLERS. The following Ordinance was given a second read- xx: Ayes ing by title only, and adopted: Motion ., . .- . " . . CITY OF CARLSBAD COUNCILME -6- 23. (cont.) AGENDA BILL #5544. ORDINANCE NO. 5055, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- MENT OF SECTION 6.92.060 TO REVISE HEALTH REGULA- TIONS FOR FOOD HANDLERS. HOUSING AUTHORITY: Council adjourned to the Housing Authority at 6:40 P.M. and reconvened at 6:43 P.M. with all Counci 1 members present. DEPARTMENTAL AND CITY MANAGER REPORTS: P1 anni ng 25. AGENDA BILL #5564 - VILLAGE COMMERCIAL OFFICE COMPLEX - SEWER ALLOCATIONS. The Planning Director gave a brief history of the matter. He indicated that because the location of the proposed development is in the Redevelop- ment Area, the Redevelopment Coordinator would answer Council's questions regarding the matter. C-ouncil discussed the number of units proposed for the development, the boundaries of the Redevelopment Area, and the matter of theme for the Area. Following discussion, it was moved that Council direct the City Attorney to prepare documents Motion allocating 6 EDU's from the con,tingency reserve Ayes xx: under the Second Revision of the First Phase Sewer Allocation System for the project, subject to Coastal Commission approval and building permit issuance within six months of Council action. 26. .AGENDA BILL #5565 - PROPOSED LAFCO AGRICUL- - TURAL POLICY. The staff report was given by the Planninu Direc- tor. He indicated that LAFCO is considering the adoption of a major policy on agricultural lands within the County of San Diego which would affect the annexation of agricultural lands to cities in the County. He expressed staff's concern about the proposed policy and its possible effects on the land use patterns within Carlsbad's sphere of influence due to the fact that they state that it is their responsibility to insure that adequate land use controls are established to protect the agricul- tural production by local government prior to annexation, their policy of preserving the state's most productive (prime) agricultural lants, and the confusion of agricultrual lands with "open-space". He conveyed staff's opinion that agricultural lands are not necessarily "open-space" and that LAFCO should not equate the directive to preservt .. .. CITY OF CARLSBAD ..' CoUNCflMk -7- I I) c September 5, 1978 "open-space" with the preservation of agricul turz lands. He indicated that it was staff's feeling that LAFCO should create its own definition of ''.prime agricultural lands" to eliminate misinter- pretation. Council inquired as to the Williamson Act's definition of "prime agricultural lands", and if any land in the city would be considered prim€ under this definition. Staff indicated that only six percent of the lanc in the entire County of San diego qualifies as ''prime" according to the definition of the .Williamson Act. Council also inquired whether the City's Local Coastal Program had already set aside areas of-. agri cultural 1 and. Staff indicated that few local governments have designated ''prime agricultural 1 ands" within their jurisdictions thus far, and that mandated Local Coastal Programs will not be completed un- til 1980. They also indicated that they are in the process of meeting with the County in co- ordinating the agricultural element that they are initiating. 'C'ouncil questioned what effect the City's posi- iton tvthis policy would have on LAFCO. Staff indicated that this would depend on the form of opposiiton that the City. would take, and added that suggestion could be given for LAFCO to review proposals made by the City. Councilman Skotnicki requested an explanation of paragraph 4, page 3 of the memorandum from the Planning Department to the City Manager, dated August 9, 1978, regarding the LAFCO policy limitation of the City's perogative with respect to determining land use patterns. Staff replied that in their opinion, the policy would prevent Carlsbad from annexing any of the "islands" r/ii.thout promising to keep them agri- cultural and added that this is contrary to the position that the Board of Supervisors has taken regarding these islands and future annexation. Mayor Packard expressed his hope-that Council would oppose. this policy, indicating that he intended to do so. Councilman Skotnicki commented that LAFCO's arguments in favor of this policy were well supported, and indicated that staff's arguments in opposition,were spurious and without basis. Following further discussion, it was moved that staff's recommendation not be accepted, and that Council accept the policy proposed by LAFCO. The motion died for lack of a second. Lp 11 3 I S I Motion X -. .. .. CITY OF CARLSBAD. . ' COUNCILME - 8- It was then moved that Council accept staff's recommendation and indicate their opposition to the Agricultural Lands Policy proposed by Public Works: The staff report was given by the City Engineer with the aid of transparencies. He indicated that the request was for 0.5 EDU's of sewer capacity for the expansion of the Southwest Bank located at 675 Elm Avenue, and that staff was recommending the approval 6f the request subject to two conditions: elimination of an existing' Council inquired if the applicant objected to filling in the curb cut, and if the proposed addition to the building would have any plumbing facilities or restrooms. Staff indicated that the addiiton would not con- fain any plumbing facilities and that the sewer capacity would be needed due to the increase in the floor area of the buildinp. to prepare the necessary documents allocating 0.5 EDU's of sewer capacity from the contingency reserve to Southwest Bank, subject to the elim.in- ation of an existing driveway approach and a parking area fronting on Elm Avenue, and the reorientation of the proposed walk-up service from Elm Avenue to the parking lot. PUBLIC HEARINGS: The staff report was given by the Planning Direc- tor. He gave a brief history of the matter from the time of Council's direction to staff to pre- pare the amendment on April 18, 1978, throuah the Planning Commission processes and subsequent modifications of the draft ordinance, Exhibit "A" dated July 12, 1978 and Exhibit "A" dated July 18, 1978 as attached to Planning Commission 'Res- olution No. 1458. It was mentioned that the City Attorney, in his memorandum of August 30, 1978 to Council, had indicated that some concern had arisen that the ordinance as proposed did not properly recoanize that portions of the City are served by other T' .. CITY OF CARLSBAD COUNCILME -9- "Portions of the City are served by other local sewer agencies which are also experiencing prob- ' lems of lack. of sewer capacity. The sewer allo- cation system will make provisions ,for such areas.' It was indicated that one .other change had been made in the terms of the ordinance. in Section 1, Page 1 , Line 18, where the words, ".. .or other local sewer agencies ...I' were added, but that the inclusion of those words do.es change the . basic effect of the ordinance by creating'the . possibilty that the adoption of an allocation D system by another agency would give an applicant the right to go forward even if the City Councii was not in agreement with the district's deter- mination in regards to sewer service availabili.ty. It was the recommendation of the City Attorney that those words be deleted from the'ordinance. The Mayor declared the Public Hearing open at 7:40 P.M. and asked if anyone wished to speak- on the matter. Yr. Larry Hunts, 501 Chinquapin Avenue, addressec Council. He inquired .if the Planning ,Commission. had voted to include any alternate sewage system,s in the ordinance. Staff responded that the present code p.rovides for alternate syXems, and that the matter was not included in the proposed ordinance. Since -no one else wished- to speak on the matter, , - the Ma.yor closed the public hearing at 7:43 P.M. Council discussion followed concerning the changes in the ordinance proposed .by the Plan- ning Commission. Council also discussed Line 9, Page 2, of the draft ordinance regarding Council's intention to leave the zone map and zone code in effect and not rezone the entire City to reflect 0 the lack of sewer capacity. ./ It was moved that Council direct t.he City Attor- per Planning Commission Resolution #14?58, subjec- xxx Ayes ney..to prepare documents approving ZCA-98, as X Motion local' sewer agencies may adopt...", in Line 18, Page 1 of the drmordinanc'e. ,. . -. to the deletion of the wording "...or other .I RECESS: I Ill I Mayor Packard called a recess at 7:48 P.M. and Council reconvened at 8:03 P,M. with all Council members gresent. I . Ill - DEPARTMENTAL AND CITY MANAGER- REPORTS: Public Works: .. [70] 28.. AGENDA BILL #910 - Supplement #14 - - MUNICIPAL SWIM COMPLEX - PROJECT REVIEW. 111 I The staff report was given by the City Enaineer, who introduced'the principal project architect, Mr. Bill Warkenhiin , to respond to questions fro Council. 111 E 111 .. COUNCILME CITY OF CARLSBAD - D .. . I. *e 0 -10- September 5, 1978 Mr. WarkPntjn gave a brief history of the pro- cessed. involved in obtaining design criteri.a fro I the various groups, including the swimming pool study committee, the School Board and Council and City staff members. He stated'that the plan and specifications approved by Council on March 21 , 1978 are twenty-five percent completed. He also outlined. cost estimates for possible alter- native pools for C0unci.T to consider in reassess ing the pool project. m S - Councilman Anear referenced the figures given by the architect for maximum pool occupancy, and inquired as to how they had arrived at those figures. . He 'also indicated that he felt that the estimates were too high. Mr.-Joe: Spano, of the Engineering Department answered Council 's questions concerning the construction of the project. Council quest.ioned the di'fference in cost in the buildings for each of the alternative pools. Mr. Spano indicated 'that the size of the buildings were proport.ionat to the size of each pool, and that a smaller pool wouldn't require as large a building and therefore, would be less expensive. Mr..Joe Eggieston, Parks and Recreation Coordi- nator resp'onded to Council's questions regarding maintenance opePat-ions and per.sonne1 cost esti- mates for the alternate pools and the estimated first year revenues for each pool. He indicated that the per-sonnel costs for each of the alter- the minimal difference in the maintenance costs; and that the estimated revenues were based on the premise that reducing the size of the pool reduces the number of people that can use it, therefore reducing the amount of revenues to be taken in. . nate pools were constant, wh-ich accounts for Council questioned Mr. Warkentin about the possibilty of reducing -Costs by reducing the size of the building for the larger pool and providing only the bare necessities. ' Mr. Warkentin responded that he felt that the e building could possibly be cut by $25,000.00, but that it has b%+&i designed according to state standards as required by law. He also suggested the-possibility of cutting project facilities or tennis courts. tie also i-nformed Council that building the project in phases or delaying portions of the project would be much n - costly to the City than proceeding with, the pro- ject as t'his time. In resp.onse to questions concerning the time element involved in des'ign- ing the remainder of the project, Mr. !&arkerttii:n indicated that it would take two and one half tc three 'more months to complete the designs -for tt 50 meter-pool , and .one or two months .longer tha.1 that if designs were begun on a new pool. I costs in t.he areas such as landscaping, parking i ~ I I E n, 1 l? 1 -265 - re <. Sept CITY OF CARLSBAD -11- -. ember 5, 1978 ~ ~ ~~"_ "~. ~~~ I" As various persons had indicated an interest- in expressing their opinions on the matter, the Mayor inquired at this time if anyone wished to speak. A1 ice Beach, 4.055 Syme Drive addressed Council. She stated that as a concerned.private citizen, she realized that a pool wou1d.be nice for the City, but that she felt that the estimated 1.2 million dollar cost for construction and the estimated maintenance costs were too high. She added that most condominiums, mobile home parks and apartment complexes as well as homes in this City already have p.oo1s and that many people prefer to go to the beach. She indicated that she did not feel that this pool was necessa for training and .instruction purposes, that the Red Cross instruction program is adequate, and that there was obviously no way for the Caity of Carlsbad to recover enough revenues from the operation of the pool to cover the maintenance costs. Mr. Barney Schindler, 3081 Highland Drive project would.be a long time investment and should be built with future use in mind as we.11. He commented that there are many people who either do not like to go to the beach or could not for- various-reasons swim -in the ocean, and .that since the maintenance costs are not truly proportionate to pool size, building a smaller pool would not significantly reduce maintenance. costs. W. Allan Kelly, 4912 Via Arequipa addressed Council and concurred with Mr. Schindler's remarks. . He stated that the pool should be built so that it could be used by the City 're- gardless of the amount of future growth. He suggested the possibility of a principal pool and satellite pools to be built later in various locatioris as the City. e*pands, adding that this idea is in use and very effective in the South Bay..area. of San Diego.. . addressed Council. He stressed that this pool Betty Wollrich, 4150 Skyline, a member of the Parks and Recreation Commission, add,ressed Council. She staZe" that since over $800,000.0( had already been set aside in the Parks and REcreation budget for the pool,-she thought that Council should proceed with the previously approved plans for the pool-. Gail DeWeese, 3815 Trieste Drive addre.ssed . Council. She indicated that she is a Red Cross water safety instructor, and that their ability to instruct people is currently hindered by the lack of 'adequate facilities. She expressed her support.of the plans for the 50 meter pool as previously approved by Council. rY 1 Mrs. Carol Tico, 3435 Woodland !play addressed Council. She stated that the Boy's Club Pool is very inadequate and that the proposed pool is very much needed by the community. COUNCILMI .. I~ CITY OF CARLSBAD -12- a September 5, 1978 .. D I Mrs. Tico also questioned the necessity of spend- ing the City's money on some other items, such ' as th(t Magee. House landscaping, that would not be used as much by the citizens of.Carlsbad as the pool would. Mr. Jim Kinghorn, 21.40 Basswood Avenue, a member of the Parks and Recreation Commisison, addressec Council. He indicated that the City of Carlsbad currently h,as an outstanding Recreation Program. He added that the Swimming Pool Study Committee . has spent several years studying this matter and that he felt it should not be abandoned now due to the passage of Proposition 13. Mayor Packard stated that the matter was now closed for public discussion and remarks. .. I. Councilman Skotnicki questioned the constant in- crease in the estimated cost of maintenance for the pool. Staff indicated that this was due-to the in- creasing costs of energy and that the use of solar energy for heating and the use,of auxiliar pool covers are being considered ,to reduce energ, costs. Cduncilman Anear commented on the fact .that per the agreement b-e-tween the City and the Carlsbad Unified School District, the schoo.1 .district would only pay $20,000.00 per year for the pool' maintenance costs, which was to come from the community override tax. He added that. there is no longer a community override tax, and that an additional cost,. the cost of liability insurance at approximately $16,000.00 per year, had not been included in the estimated expenses for the pool. He ais0 stated that Mira Costa College is going to build a 50 meter pool, so that there will already be one 50 meter pool -in the area. stead, and explained whzt he felt would be the benefits of and uses of such a pool. 0 He then suggested plans for a 25 meter pool in- D Mayor Packard indicated his feeling that the extreme difference in the current pool estimates and the original estimates was due to the econom and the increasirr-ost of l'iving: He commented that he felt that the pool would be used more by the residents of Carlsbad than the beach, which' tends to attract more visitors to the area He indicated agreement with the idea that, in the future, La-Costa and other expanding areas c the City may need facilities, and that satellite facilities should be considered as they are neec In regards to the 50 meter pool that Mira C'osta is planning to build, Mayor Packard stated. t,hat ,one olympic size pool is not enough f6r the ' entire North County Area. He stated that he felt that the pool would be the most used public facility in Carlsbad, and since the money is currently in the budget and since the City has an adequate reserve, if the City is ever to have the pool, now is the time to go ahead with the project. r I J < 1: ' I' ! I COWNCILME !. Id. .. . .. CITY OF CARLSBAD COUNCILME -13- *. Councilman Skotnicki stated that even though' the money was'currently in the budget, the -people I through the passage of Proposition 13, had i.ndi- Counc'ilwoman Casler indicated that though this Councilman Lewis expressed his concurrence with Councilwoman Casler's statement.. It was moved that Council diireet staff to work J 1 J City Manager: words 'I.. .or more.. .'I. 18.04, 'OF THE CARLSBAD MUNICIPAL CODE BY THE ' ADDITION OF SECTION 18.04.1.05 TO AMEND THE UNIFO section of the code to reduce the fee. . AS MARINE SANCTUARY. City of Del Mar had requested that the C.ity of Carlsbad. join with the other cities in the Count of San Diego-.j.nexpressina support of the marine sanctuary and opposition to near shove o.i1 drilling at the Depantment of Interior public hearings to be held in October. .^ . " , .-. CITY OF CARLSBAD COUNCILME -14- Following discussion, it was moved that Council adopt Resolution #5530, supporting the marine sanctuary and opposing near shore oil drilling. The following Resolution was adopted by title only: RESOLUTION N0.5530, RECOMMENDING AREAS OF CRITICAL ENVIRONMENTAL CONCERN OFF THE SAN DIEGO COAST FOR DESIGNATION AS A MARINE SANCTUARY. 1631 32. AGENDA BILL #5571 - LIBRARY PARTICIPATION IN THE-CALIFORNIA LIBRARY SERVICES ACT. The City Manager gave a.brief report on the matt He referenced the "Joint Powers Agreement" of th member libraries'of the Serra Regional Library System that was entered into as a result of the State of California Public Library Services Act. He stated that on Ju.ly 7, 1978 the California Library Services Act was adopted replacing the Public Library Services Act, necessitating local jurisdiction authorization for continued parti- cipation in the Acts programs, interlibrary loan universal borrowing and equal access. He pointe out that the state funding could not be used to replace local funds for library services, but only to supplement local funding. It was indi- qated also that to qualify for the funding, the library's budget could not be cut, due to the fact that next year the City may not be certifie er. e 1s Y 1 ?C . Council discussed the fact that efforts should be made to get the State Library Board to change the rule regarding certification and inquired if records were kept by the City as to what we get out of these programs. Mrs. Georgina Cole, City Librarian responded to questions from Council. She enumerated the various benefits received from these pro- grams, such as Interlibrary loans, equal access, and universal borrowing,. and indicated that use of these does not reduce local control of the 1 i brary. Councilman Skotnicki indicated his concern with the fact that this agreement would req'uire that the City not decrease the Library budget in order to qualify for the state funding. He stat that this matter would come up next year at budg time and would be used to apply force to prevent cuts in the Library's budget. dd €t It was moved that Council adopt Resolution No. 5531 and authorize the Mayor to execute the juri:- dictional authorization for continued participa- tion by the Library in CLSA. I The following Resolution was adopted by title only: Notior RESOLUTION NO. 5531 , AUTHORIZING THE CARLSBAD Ayes CITY LIBRARY TO PARTICIPATE IN THE CALIFORNIA Noes LIBRAP,Y SERVICES ACT. 1 X X x> X CITY OF CARLSBAD COUNCILME -15- [28] 34. AGENDA BILL #5418 - COMMITTEE ON SENIOR' ' CITIZENS AFFAIRS - APPOINTMENT. RESOLUTION N0.5389, APPOINTING A MEMBER TO THE COMMITTEE ON SENIOR CITIZEN AFFAIRS OF THE CITY OF CARLSBAD, that member being Zoe Walters. 35. AGENDA BILL #5524 - APPOINTMENT TO PARKS c691 AND RECREATION CO~MISSION. The following Resolution was adopted by title only: RESOLUTION N0.5497,APPOINTING ONE MEMBER T'O THE Ayes xx PARKS AND RECREATION COMMISSION, that member be.ing Shirley Dah1qHis.t. CITY COUNCIL COUNCIL ADDITIONAL BUSINESS: Hot i on X . Councilman Skotnicki reminded Council that .the request from CPO for comments on the Callahan Task Force Report are still required and still considered pertinent. M'ayor Packard reiterated that the two bills, Assembly EYi 11 3695 and Senate Bill 1746, which would have affert-ed CPO have been placed in in- terim study.for one year. and indicated that the intent of the reques-tis that input be given from each ci'ty as to how to address the issue. . He requested that Council re.view the report from CPO so that the matter can be discussed at the next meeting." The City Manager indicated that the matter is scheduled for the September 19, 1978 meeting. .> Councilman Skotnicki referenced a letter to the City Manager from the Parks and' Recreation fication and noted that the Parks and Recreation Commission had not held a public hearing on the matter as recommended by the City Manager. ** Commission regarding th-e matter of sound ampli- . -. [70]. Following brief discussion, Council directed X Motion the Parks and R'eemtion Commission to conduct by the City Manager. a public hearing on the matter as recommended XXI Ayes Councilman- Skotnicki reference.d a letter to the City Manager from the Public !4orks Administrator . re th.e forthcoming suspension of the sewer mora- . torium of the Leucadia County Water District and commemted on the possible effects' on the City of Carlsbad that would be created by the . addi i tonal devel opment. The City Manager indicated that' the matter is nod being. analyzed by staff. e L. CITY OF CAWLSBAD CUUNCILME -16- Councilman Skotnicki commented that he hoped- B' He th.en indicated that he w.ould be undergoing some serious surgery next week, and probably would be unable to attend the C.ounci1 meetings. for approximately four weeks. Mayor Packard referenced agenda information item "C", a letter from B.M. Chr'istiansen, President of Carlsbad Historical Society,regarding the whale project and inquired if any member of the Council wished to take any action .on the matter. No action was taken by Council. CITY ATTORNEY ADDITIONAL BUSINESS: The Assistant City Attorney brought up the matter of the Zerox Corporation's suit against the County of San Diego and'all. the cities in the . county and requested that Council authorize the County Counsel to act on behalf of the City in this matter. .. .. [41] It was moved that Council authorize the County Motion Counsel to act bn.-behalf of the City of Carlsbad with the motion. the ci.ties in San Diego County. Council concurr.ec Ayes ' .in the matter of the Zerox Corporation's suit xxx ' for dhmages against the County of San Diego a.nd CITY MANAGER ADDITIONAL BUSINESS:. The City 'Manager mentioned the League of Calif- ornia Cities dinner which Carlsbad is hosting on September 21 , 1978 and requested that if Council has any ideas regarding the program for the dinner, that they contact him; as staff is experiencing some diffizul ties in that regard. ADJ0,URNMENT: . . -. By proper motion, the meeting was adjourned at 10:37 P.M.. 0. Respectfully submitted, .. &,/@* ALETHA L. RAUTENKRANZ, Ci Clerk Karen Stevens, Recording Secretary