HomeMy WebLinkAbout1978-10-03; City Council; Minutes.’
b CITY OF CARLSBAD COUNCILMEN
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO P.II.
Date of Meeting: October 3, 1978
Place of Meeting: Council Chambers
:50]
1501
ROLL CALL: Councilman Anear arrived’at 6:04 P.M.
INVOCATION was given by Mayor Packard.
PLEDGE OF ALLEGIANCE was given.
P ROCLAM AT I ON :
Mayor Packard gave a brief summary of the
Proclamation declaring the month of October to
be Parks & Recreation month, and encouraued the
citizens of Carlsbad to make use of the progralr
and facilities available to them through the
Parks & Recreation Department.
APPROVAL OF’ MINUTES: (Approved by one motion)
Councilman Skotnicki stated that he would be
abstaining on approval of the minutes from the
meeting of September 19, 1978, in that he had not been present at the meeting. However, he
stated that he had listened to the tapes of the
meeting and felt qualified to vote on any items
carried forward from that meeting.
Minutes of the regular meeting held September
19, 1978, were approved as presented.
:Minutes of the adjourned regular meeting held
September 26, 1978, were approved as presented.
CONSENT CALENDAR:
Councilwoman Casler requested that Item #13 be removed from the Consent Calendar. Councilman
Skotnicki requested that Items #5 & #12 be re-
moved from the Consent Calendar. Mr. Roy Ward,
3088 Pi0 Pico, requested that Item #7 be re-
moved’ from the Consent Calendar.
The following Items, with the exception of
Items #5, #7, #12 & #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.
2. AGENDA BILL #5587 - PAYMENT OF BILLS.
Authorization was given the payment of bills for the General Expenses of the City and for the Water Department as follows: City Operatio $217,610.39; Water Department $73,696.44; Net
Payroll Transfer $104,115.65; for a total of
$395,423.48, as certified by the Director of
Finance and approved by the Auditing Committee.
3. AGENDA BILL #5588 - RATIFICATION OF PAYROL
Ratification was qiven the payment of the pay- .- roll in the amount of $178,412.72, for the period September 4, 1978 through September 17,
1978, as certified by the Director of Finance and approved by the Auditing Committee.
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Present
Absent
Motion
Ayes Abstain
Ayes
?loti on Ayes
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CITY OF CARLSBAD
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October 3, 1978
CONSENT CALENDAR (Cont'd):
4. AGENDA BILL #5589 - GIFT TO CARLSBAD CITY LIBRARY. Resolution No. 5539, accepting a gif
of a clock, and directing staff to prepare a
letter of appreciation, was adopted.
6. AGENDA BILL #5591 - CONSTRUCTION OF COMFO
STATION AT HOLIDAY PARK - CONTRACT NO. 1056.
Resolution No.5541, approving plans and specif
cations, and authorizing the City Clerk to ad-
vertise for bids, was adopted.
3. AGENDA BILL #5155 - Supplement #8 - THIRD - REVISION TO THE FIRST PHASE SEWER ALLOCATION - SYSTEM - ALLOCATION OF PERMITS. Resolution No 5542, approving a Third Revision to the First Phase Sewer Allocation System, was adopted.
9. AGENDA BILL #5589 - Supplement #1 - SEWER ALLOCATION - LINCOLN-MERCURY AND CHRYSLER COR- -~ PORAT ION. Reso 1 uti on No. 554 3 , au thor i zing -a 1 1
cation of 6.6 EDU's for proposed Lincoln-Mercu
Dealership, and 14.6 EDU's for proposed Chrysl
Plymouth Dealership pursuant to Third Revision
to the First Phase Sewer Allocation System, wa
adopted.
10. AGENDA BILL #5388 - Supplement #2 - CLEAN1
Council accepted the work and directed the Cit Clerk to record the Notice of Completion and
release bonds at appropriate time.
Council authorized the requested refunds of
overpayment of charges made by the City. Spe-
cific requests are on file in the City Clerk's
Office.
"OF DIGESTION TANK N0.2 - CONTRACT N0.1051.
11. AGENDA BILL #5592 - REFUND OF OVERPAYMENTS
14. AGENDA BILL #894 - Supplement #5 - LIBRARY
- MASTER PLAN REPORT - UPDATE. Council accepted
the report for review and directed staff to
schedule presentation by consultants.
15. AGENDA BILL #5593 - ACCEPTANCE OF DEEDS. Resolution No.5546, rescinding Resolution No. 1537, to provide for Council acceptance of con- veyances to City for public purposes, was adopted.
16. AGENDA BILL #3798 - Supplement #3 - PALOMA AIRPORT (SOUTH CARLSBAD N0.1.24) ANNEXATION. Resolution No.5547, initiating proceedings for
the Palomar Airport (South Carlsbad No.1.24)
annexation to the City of Carlsbad, and settin
the matter to public hearing, was adopted.
17. AGENDA BILL #5594 - MEMORANDUM OF UNDER-
STANDING WITH CARLSBAD POLICE OFFICERS' ASSO-
CIATION. Resolution No.5548, adopting a Memorandum of Understanding with Carlsbad Police Officers' Association. was adoDted. Resolution No.5549, adopting-a salary' plan for Carlsbad Police Officers' Association for Fisc
Year 1978-79, was adopted.
COUNULMEN
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CITY OF CARLSBAD COUNCILMEN
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October 3, 1978
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EXECUTIVE SESSION:
Mayor Packard called an Executive Session at
6:09 P.M. for the purpose of discussing litiga- tion. Council reconvened at 9:08 P.M. with all
members present. Mayor Packard announced that
litigation had been discussed, and that no acti
had been taken. I Due to the length of the Executive Session, the
Agenda Items were not considered in the order
in which they appeared on the Agenda, in an attempt to facilitate the majority of the publi present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Planning
Mayor Packard indicated that Item #22 would be taken out of order and considered at this time
at the request of the CPO representative, Mr.
Mike Aulick.
I 22. AGENDA BILL #5597 - REVISED REGIONAL AIR QUALITY REPORT. Mr. Mike Aulick. the CPO reDresentative, ad-
[681
dressed Council -regarding the Regional Air Qua-
lity Strategy. He referenced the CPO letter da ~September 13, 1978, and the CPO Board of Direc- I tors Agenda Report-#R-13, dated September 18,
1978.
Mr. Aulick stated that the strategy contains
the most cost-effective and least disruptive
tactics necessary to meet federal standards, ai
briefly outlined each one. He then answered
questions from Council regarding implementatjoi
of the program.
Mayor Packard stated that a request had been
received from the San Diego Gas & Electric Co.
for its representative to address Council fol-
lowing the remarks made by CPO. He then ackno ledged Mr. George Anastas, the San Diego Gas & Electric Co. representative.
Mr. Anastas commented that his company had
some questions regarding the estimated cost factors of implementing some of the proposed tactics and, therefore, had done some prelim- inary evaluation of the matter. He indicated his company's disagreement with and concern for the low estimated costs of some of the
tactics, and expressed their desire to present
their analysis to both CPO and the Air Polluti
Control District (Board of Supervisors).
He referenced a letter from ten California
Congressmen to the Environmental Protection Agency, a copy of which was provided to the
City Clerk, stating that the Environmental Protection Agency has mislead Congress in establishing the cost of implementing the Clea Air Act and requesting that they suggest amend
ments to make the proposals cost effective.
Mr. Anastas then answered questions from Counc 1.
CITY OF CARLSBAD COUNCILMEN
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October 3. 1978
Council discussion followed. No action was taken on the matter, however, Councilwoman Casler requested that staff report to Council on the progress of the tactics which were approved two years previously.
ORDINANCES FOR ADOPTION:
[114] 18. AGENDA BILL #5563 - Supplement #1 - PUBLIC FACILITIES SEWER AVAILABILITY - ZCA-98.
The following Ordinance was given a second reading by title only and adopted:
ORDINANCE N0.9508, AMENDING TITLE 21, CHAPTER 21.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.44.020 TO CONDITION TP DEVELOPMENT OF ALL PROPERTY IN THE CITY UPON THE CITY COUNCIL DETERMINATION THAT SEWER SERV IS AVAILABLE PURSUANT TO SUCH SEWER ALLOCATIOh SYSTEM AS THE COUNCIL MAY ADOPT. ZCA-98.
PUBLIC HEARINGS:
19. AGENDA BILL #5595 - ZONE CHANGE FROM R-1 7500 TO R-P-Q - ZC-199. APPLICANT: JERRY BRY
The Planning Director gave a brief staff repor on the matter. He indicated that the proposed
:: zone change is consistent with the General Pla and that one EDU of sewage capacity would be assigned for the existing dwelling unit, and the remainder of the building would utilize a septic system.
Mayor Packard declared the Public Hearing open and asked if anyone wished to be heard.
Mr. Jerry Bryan, 2619 Highland Drive, the applicant, addressed Council. He indicated that his business had outgrown his present location, making it necessary for him to seek a new location, and requested Council approval of his application.
Mr. Robert Cook, 1195 Stratford Lane, addresse Council in opposition to the request. He indi cated that his objection was not to the buildi itself, but that he questioned the use of a septic system for the new building, and com- mented that he felt that the entire office building should be on City sewer.
Since no one else wished to be heard, Mayor Packard closed the Public Hearing at 9:30 P.M.
In response to Mr. Cook's questions, staff commented that the proposed location was not in the Redevelopment Area and was not eligible for previous sewer allocation.
Following Council discussion, Councilman Lewis stated that he felt that Items #19, #26 & #27 were related and should be considered simul- taneous ly.
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Motion Ayes
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CITY OF CARLSBAD COUNCILMEN
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October 3, 1978
Mayor Packard requested that Items #19, #26 &
#27 be considered separately, in that he would have to abstain from voting on Items #26 & #27
Councilman Anear referenced the minimum lot size that Council had determined necessary for the use of septic systems, and inquired if it would affect this application.
The City Attorney commented that staff should look into the matter further with regard to both the existing and proposed ordinances regulating the use of septic systems.
It was moved that Agenda Items #19, #26 & #27 be continued for further information from staff.
The motion died for lack of a second.
It was then moved that Item #19 be continued to the next regular meeting for further report from staff in reference to its eligibili to utilize a septic system in view of the re- quirements recently set by Council regarding lot size.
Mayor Packard relinquished the chair to Vice- Mayor Skotnicki on Items #26 & #27, due to a
z conflict of interests.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Public Works
26. AGENDA BILL #5599 - PROFESSIONAL OFFICE BUILDING - SEWER ALLOCATION REQUEST - BLANKEN- SHIP.
27. AGENDA BILL #5600 - DENTAL/PROFESSIONAL OFFICE BUILDING - SEWER ALLOCATION REQUEST - PACKARD DEVELOPMENT CORP.
Councilman Lewis stated that he thought that these matters should be continued until such time as Council considers Item #19.
The City Manager gave a brief history of the matters. He then referenced the Memorandum dated September 28, 1978, which he received from the City Engineer regarding sewer alloca- tion requests, and indicated that the third request on the list, the request f.rom Calif- ornia Aquaculture, had been received too late to be included on the agenda for this meeting. He added that there was also a recent request for sewer from the Carlsbad Montessori School, bringing the total number of requests for sewer allocation to five.
Council discussion related to possible criteri for considering the requests for the remaining sewer capacity. In addition, they expressed the feeling that in order to insure compliance
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Motion
Motion Ayes
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CITY OF CARLSBAD COUNCILMEN
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October 3, 1978
with the Redevelopment Plan, the Plan should
be adopted by Council prior to allowing addi-
tional development in the designated Downtown
Redevel opment Area. ** See page 11. It was moved that Items #26 & #27 be continued
for immediate consideration after the Final
Redevelopment Plan is approved by Council.
PUBLIC HEARING:
20. AGENDA BILL #5596 - PUBLIC FACILITIES RE-
QUIRING CONDITIONAL USE PERMIT - ZCA-100.
The Planning Director gave a brief staff repor
on the matter.
Mayor Packard declared the Public Hearing open
at 1O:Ol P.M. and asked if anyone wished to
be heard on the matter. Since no one wished
to be heard, the Mayor closed the Public Heari
at 1O:OZ P.M.
Following brief discussion, Council concurred with the Planning Commission's recommendation and directed the City Attorney to prepare the
documents approving ZCA-100 as per Planning
Commission Resolution No. 1470.
-ITEMS REMOVED FROM CONSENT CALENDAR:
5. AGENDA BILL #5590 - AGREEMENT WITH CARLSBA
SENIOR CITIZENS' ASSOCIATION.
Councilman Skotnicki stated that he had re- quested that Item #5 be removed from the Conse Calendar for discussion. He questioned the re son for the proposed change in the requirement for membership eligibilty from sixty years to fifty-five years. He also referenced Exhibit "B" to Resolution No. 5540, the Agreement for the Operation & Maintenance of the Senior Citizen Center & for a Nutrition Program, and
questioned the words "and for a Nutrition Pro-
gram".
Staff indicated this to be the same wording as
the original contract with the Senior Citizens
Association, and that the change in the age
of eligibility for membership has been request
by the Senior Citizens' Association.
Mr. Raymond Ede, the Chairman of the Board of
Directors of the Senior Citizens' Association,
verified that his organization had requested the change of age, indicating that it had done so as a result of similar action by the Americ
Association of Retired Persons.
The following Resolution was adopted by title
only:
RESOLUTION N0.5540, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CA'RLSBAD SENIOR CITIZENS' ASSOCIATION FOR THE MAINTENAN AND OPERATION OF A SENIOR CITIZEN CENTER AND F A NUTRITION PROGRAM, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT.
Yotion 4yes
4bstain
llotion \yes
'lotion
!yes
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CITY
* See page 11.
A motion was then made to amend Resolution No. 5540 and Exhibit "B" to said Resolution on
Page 3, Section 2, by deletion of the words "and a Plutri tion Program".
The motion died for lack of a second.
OF CARLSBAD
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C;OUNCI LM EN
I 7. AGENDA BILL #3552 - Supplement #8 - MAGEE
PARK DESIGN CONSULTANT. c701 1451
Mr. Roy Ward, 3088 Pi0 Pico, spoke on behalf of
the Carlsbad Historical Society and indicated
that he had requested that this item be removed
from the Consent Calendar in that the Historica
Society desired clarification on two questions
regarding the contract. He commented that in
looking over the contract, they had not seen the cost mentioned, and also indicated that the
Historical Society would like to have some in-
put regarding the design of Flagee Park.
Staff indicated that the estimated cost of the design of Flagee Park had been before Counci 1
previously as part of the Capital Improvement
Program, and that the architect's fees were
included on page four of the contract.
Council mentioned that they had no objections to the Historical Society having input into -the design of Magee Park, but mentioned concern
that any suggestions made by them be scrutinize
with regards to both the initial and maintenanc
cost factors.
Subsequent to Council discussion, the following Resolution was adopted by title only:
RESOLUTION NO. 5549, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KATER & ASSO-
CIATES FOR THE DESIGN OF MAGEE PARK AND AUTHOR-
IZING THE MAYOR TO EXECUTE SAID AGREEMENT.
I 12. AGENDA RILL #5404 - Supplement #3 - CITY COUNCIL MEETING/PUBLIC HEARING TIMES. C371
Councilman Skotnicki indicated that he had re-
quested that this item be removed from the Con-
sent Calendar for discussion. He questioned
whether the 6:OO P.M. meeting time met the in-
tent of Council, or whether it merely allowed
for longer meetings. In this regard he sug-
gested that the meeting time be returned to
7:OO P.M.
Mayor Packard commented that the Resolution tha
was before Council at this time would make it
possible to hold Public Hearings any time after the commencement of meetings at the currently
scheduled time of 6:OO P.M., and would not
change the time that the meetinqs would begin.
Following discussion, Council directed staff
to file the matter.
CITY OF CARLSBAD
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- October 3, 1978
13. AGENDA BILL #910 - Supplement 515 -
AMENDMENT. COMMUNITY SWIM COMPLEX - .CONSULTANT'S AGREEMEN
Councilwoman Casler stated that she had reques that this item be removed from the Consent Cal endar in that she felt that the increase in th architect's fees was excessive and desired an explanation as to the reason.
The Public Works Administrator responded that this type of contract is based on a percentage of the construction cost of the final product, and added that the scope of the project had be expanded and the cost of the project had incre
but that the contract with the architect had never been adjusted based on these increases. He explained that staff had therefore met with the architect to renegotiate the fees to com- pensate for the extra work involved in the in- creased scope of the project. He then indicat that the architect was present to answer any questions from Council.
Mr. Larry Lynch, 2070 Business Center Drive, Suite 205, Irvine, the president of Kammeyer Lynch 81 Partners, Inc., then addressed Council He confirmed the Public Works Administrator's explanation of the renegotiation of the contra :-and indicated that a delay in the renegotiatio would probably delay work on the project, maki it impossible to complete as previously sche- duled. Mr. Lynch then responded to questions
fEciurn Council.
Following discussion, Council directed staff to renegotiate the contract with the architect and return to Council at a future date with a less costly proposal for the architect's ser- vices.
HOUSING AUTHORITY:
Council adjourned to the Housing Authority at 10:45 P.M. and reconvened at 10:47 P.M., with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Planning
21. AGENDA BILLS #5578 - Supplement #l; #5579- Supplement #3; and #5580 - Supplement #1 - GENERAL PLAN AMENDMENTS.
The Planning Director gave a brief staff repor on these matters.
Councilman Skotnicki commented on his concern with the changes in land use in Exhibit I'B" of GPA-51(B), and inquired if there would be a reduction in open space area.
COUNClLMEN
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lotion \yes
CITY OF CARLSBAD
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Staff indicated that there would be no apprecii
difference in the amount.of open space area be.
tween the old master plan and the new master p-
Subsequent to Council discussion, the followin!
Resolution was adopted by title only:
RESOLUTION N0.5550, AMENDING THE LAND USE ELEMI OF THE GENERAL PLAN TO CHANGE THE LAND USE DES:
NATIONS IN THE LAKE CALAVERA HILLS AREA AND TO
AMEND THE TEXT IN REGARDS TO SEWER SERVICE
AVAILABILITY AND SATELLITE SEWER TREATMENT
GPA-52 and GPA-53 CITY OF CARLSBAD.
PLANTS. GPA-51(A), GPA-51(B) ROY WARD;
23. AGENDA BILL #5598 - REPORT ON APARTMENT
CONSTRUCTION PROBLEMS ASSOCIATED WITH CONDOMINI
CONVERSION MORATORIUM.
The City Manager commented that at an earlier
Council meeting, Mr. Bart Lefferdink had spoker
to Council about his particular problem with
the Condominium Conversion Moratorium in regarc
to the regulation of the number of water meter!
required in condominiums. He referenced his
memorandum,dated September 28, 1978 to Council
and the five possible suggestions for dealing
with this problem.
.,-Council discussed this particular situation as
well as the potential problems that could occui
from other apartments which would be converted to condominiums if an exception were to be givc in this case.
Following Council discussion, Mr. Bart Lefferd-
4576 Cove Drive, addressed Council. In respon: to questions from Council, he indicated that he had gone ahead and installed a single water meter in his building, which would necessitate that an exception be made in this matter by
Council in order to permit the conversion of
his building to condominiums.
Since the Condominium Conversion regulations were no longer posing an obstacle to Mr. Leffer
dink in the completion of the construction of his project, Council ordered the matter filed.
Public Works
Mayor Packard stated that Councilman Skotnicki had listened to the tapes of the proceedings 01
the September 19, 1978 meeting in order to fam- iliarize himself with this matter. He added that the public hearing on this matter had pre- viously been held, but that Council would hear from the applicant, Mr. Larry Hunts, at this time.
COUNCILMEN
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Motion Ayes
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Motion
Ayes
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CITY OF CARLSBAD
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October 3, 1978
Mr. Larry Hunts, 501 Chinquapin, addressed Council regarding the request. He commented on Council's reluctance to approve his request due to their belief that it would cause an in- flux of similar requests which would be detri- mental to the satellite reclamation plants. H gave a brief history of the matter, he express his opinion regarding the uniqueness of Papa- gayo's situation and the circumstances involve due to several factors, which he outlined for Council with the aid of transparencies.
Mr. Hunts also presented additional informatia for Council's consideration, and proposed sev- eral conditions to insure his project's compa- tibility with the satellite reclamation plants Subsequent to his presentation, he responded to questions from Council regarding his pro- posal s.
Council discussed Mr. Hunts' proposals and ex- pressed concern over the legal ity of the pro- posals, particularly the condition which would require sewage treatment plants to close down when City sewer capacity became available. It was suggested that the legal question be in- cluded in an analysis and report from staff o the new information presented by Mr. Hunts at this meeting.
Councilman Skotnicki commented that though he had recently visited several sewer plants in the area with Mr. Hunts, and did not question the technical feasibility of same, he felt tha this was a matter of policy rather than tech- nology. He stated that the new proposals woul not affect his decision on the matter. He als commented that the fact that this particular project would be operated in a responsible man ner would not guarantee that future applicants for similar projects would be as reliable, and raised the question of regulatory procedures f such plants and the added expense to the City for adding to existing bureaucracy in order to carry out those procedures.
Following further discussion, it was moved tha Council accept staff's recommendation and deny Mr. Hunts' request for an alternate method of sewage treatment for the Papagayo by the Bay Development for the reasons given in the City Engineer's memorandum of August 7, 1978.
The motion died for lack of a second.
It was then moved that the matter be continued to the next regular meeting to enable staff to evaluate the new information presented by Mr. Hunts at this meeting.
COUNCILMEN t
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lotion \yes lloes
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CITY OF CARLSBAD
r 3, 1978
25. AGENDA BILL #5584 - Supplement #1 - RATE INCREASE FOR THE COLLECTION OF REFUSE.
The Utilities/Maintenance Director gave a brief
history of the matter including a report on
the collection rates of other cities in San
Diego County. He then responded to questions
from Council.
Following Council discussion, the following
Resolutions were adopted by title only:
RESOLUTION N0.5551, APPROVING THE FIFTH AMEND-
MENT TO REFUSE COLLECTION AGREEMENT OF OCTOBER
1, 1971, BETWEEN THE CITY OF CARLSBAD AND
McDOUGAL SANITATION,INC., FOR THE COLLECTION
AND DISPOSAL OF REFUSE, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.
RESOLUTION N0.5552, REVISING THE REFUSE COLLEC- TION RATES FOR THE CITY OF CARLSBAD.
ADJOURNMENT:
By proper motion, the meeting was adjourned at
12:06 A.M. to Tuesday, October. 10, 1978 at
7:OO P.M., in the Council Chambers to complete
the remaining Agenda Items #28, #29, #30 & #31.
ReSpeCtfUlly submitted,
12e(;tk- ALETHA L. 2.g- RAUTENKRANZ, Ci Clerk
Karen Stevens, Recording Secretary
* As a matter of clarification, Item #5,
AB #5590, pages 6 & 7- the motion to amend
Resolution #5540 & Exhibit "B" to said Reso- lution, was made prior to the adoption of the Resol uti on.
** Councilman Skotnicki requested, and Council concurred that the following action be reflectei in the minutes:
Items #26 & #27; AB #5599 & AB #5600, Dages 5
& 6- In addition, Council instructed the City
Manaaer to bring forward an arrenda item with a
complete list of the potential applicants for
sewer permits as referenced during the course 0'
discussion.
COUNCJLMEN
Motion X
Ayes xxxxx
Motion X Ayes xxxxx
Octobe