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HomeMy WebLinkAbout1978-11-21; City Council; Minutes- .& * CITY OF ' CARLSBAD ... COUNCILME Meeting of: CITY COUNCIL . (Regular Meeting) Time of Meeting: 6:OO P.M. Date of Meeting: ROLL CALL: INVOCATION was given by Mayor Packard PLEDGE OF ALLEGIANCE was given. PRESENTATION: Presentation of a plaque was made by Mayor Packard to Mr. Emmett D. "Bud" Focht, for his thirteen years of service as a mechanic for the City of Carlsbad. [l 051 HOUSING AUTHORITY: Council adjourned to the Housing Authority at 6:05 P.M. and reconvened at 6:lO P.M. with a1 1 members present. November 14, 1978, were approved as presented. CONSENT CALENDAR: Councilman Lewis requested that Item #5 be removed from the Consent Calendar.. Staff re- quested that Item #11 be removed from the Consent Calendar. The following Items, with the exception of Items #5 & #11, 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 time. 2. AGENDA BILL #5655 - PAYMENT OF BILLS. approved by the Auditing Committee. 3. AGENDA BILL #5656 - RATIFICATION OF PAYROIL. Ratification was given the payment o payroll in the amount of $179,351.16, for the period October 30, 1978 through November 12, 1978, as certified by the Director of Finance and approved by the Auditing Committee. .. ,. . " - CITY . OF -. CARLSBAD -2- November 27, 1978 I CONSENT CALENDAR (Cont'd) 7 [96] 4. AGENDA BILL #5657 - "YIELD" CONTROL - AVENIDA DE LOUISA AT VENIDA DE ANITA AND CALLE SUSANA AT AVEIDA DE ANITA. Resolution No. 5606, designating "Yield" control on Avenida de Louisa at its intersection with Avenida de B I D 'Anita, was adopted. Resolution No. 5607, designating "Yield" control on Calle Susana at its intersection with Avenida de Anita, was adopted. [Sl] ' 6. AGENDA BILL #5658 - ACCEPTANCE OF A POOL TABLE GIFT. Resolution No. 5609, accepting a gift of a pool .table. for inclusion in the inientory of'the Parks and Recreation Depart- ment, was adopted. [701 7. AGENDA BILL #5659 - REVIEW OF FUTURE PARK FACILITES PROJECTS. Policy statement authori- zinq the Parks and Recreation Commission to re vie; and-m.ake its recommendations on all build ings, facilities and/or design of such facili- ties planned to be located on City parks prior to submission to Council, was adopted. ~1051. I I I I I E451 C451 I381 [811 8. AGENDA BILL #5660 - DEPARTMENT OF TRANS- PORTATION MASTER AGREEMENT NO. 11-5308 FOR FEDERAL AID PROGRAMS AND SUPPLEMENT NO. 01 FO REIMBU,RSEMENT FOR FORCE LABOR WORK USED FOR STORM DRAIN REPARATIONS. Reso1ution:No. 5610 -=authorzinq and directing the Mayor to execute a local agency-state agreement for federal-ai projects % was adopted. R - - 3 d 9: AGENDA BILL #5661 - AGREEMENT.FOR. STREET SWEEPING SERVICES - CITY OF SAN MARCOS. Resolution No. 5612, approving an agreement be tween the City of Carlsbad and the City of San Marcos, for'street sweeping services and aut-ho izing the- Mayor to execute said agreemento .. was adotped. 10. . AGENDA BILL #5662 "AGREEMENT FOR STREET Resolution No. 5613, approving an agreement between the :City of Carlsbad and the City of Vista for street sweeping services and author- izing the Mayor to execute said agreement, was adopted e SWEEPING SERVICES - CITY OF VISTA. 12. AGENDA BILL #3684 - Supp7eme:nt #2 - AMENDING THE CITY OF CARLSBAD RESOLUTION NO. PLANNING BOARD. Resolution .No. 5614, .amendin Citv of Carlsbad Resolution No. 3963, San Dieg 3963 - SAN DIEGO REGIONAL CRIMINAL JUSTICE Regronal Criminal Planning Board, was adopted. 13. AGEN.DA BILL #5663 - ACCEPTANCE OF DEEDS - - EASEMENTS FOR PUBLIC. STREET PURPOSES - MURPHY. Resolution No. 5615, accepting a grant deed from Howard Francis -and Barbara McCartney Murphy, for public street purposes, was adopte Resolution No. 5616, accepting a grant deed ' from Michael K. Murphy for public street pur- poses, was adopted. -. I. . .:. .- .. .. . '. , CaJNGIHME - P 38 1 B Novembe [Sol C741 c381 [411 E41 1 c271 D r C1S-Y OF CARLSBAQ .# -3- 21, 1978 CONSENT CALENDAR (Cont'd) I 14. AGENDA BILL #5664 - 'REFUND OF OVERPAYMENTS Council authorized the requested refunds "I of overpayments of charges made by the City. cific requests are on file in the City Clerk's Office. spe-l 15. AGENDA BILL #5665 - ADOPTION OF SALARY PLAN FOR COUNCIL APPOINTED OFFICIALS. REsolution No. 5617, adopting a compensation plan for Council appointed officials for the 1978-79 fiscal year, was adopted. .. I 16. AGENDA BILL #5666 - AUTO ALLOWANCE - CITY MANAGER. Resolution No. 5619, authorizing the transfer of funds for auto allowance for City Manager, was adopted. 17. AGENDA BILL #5667 - GROVE LAWSUIT - LEGAL SERVICES. Resolution No. 5620, authorizing the transfer of funds for legal costs in I connection with the Grove Lawsuit, was adopted. 1 17A. AGENDA BILL #5669 - CLAIM AGAINST THE CITY. - SHIRLEY FALCON. Resolution No. 5623, denying a claim against the City, was adopted. DEPARTMENTAL AND CITY MANAGER REPORTS: DEPARTMENTAL AND CITY MANAGER REPORTS: 17A. AGENDA BILL #5669 - CLAIM AGAINST THE CITY. - SHIRLEY FALCON. Resolution No. 5623, denying a claim against the City, was adopted. City Manager Mayor Packard requested, and Council concurred, that Item No. 30 be'taken out of order and discussed at this time. - _" 30. AGENDA BILL #5670 - AUDIT'REPORT - CITY OF CARLSBAD/CITY OF CARLSBAD WATER DEPARTMENT. I The Finance Director introduced Mr. Richard Evans, of the George A. Peterson Company, who prepared the audit reports of the City of Carlsbad and the City of Carlsbad Water Depart ment for the fiscal year ending June 30, 1978. Mr. Evans briefly outlined and explained the contents of the reports and responded to ques- tions from Council regarding same. - Councilman Skotnicki requested that he be fur- nished with a report as to the actual funds available at the beginning of the fiscal year. Following discussion, Council accepted the reports, and ordered them filed. It was the consensus of Council that the re- commendations contained in the Memorandum from the Finance Director to the City Manager dated November 14, 1978, be placed on a future agenda for Council consideration at such time as the City Manager is present. COUNCILME .. CITY OF CARLSBAD COUNCILME ITEMS REMOVED FROM CONSENT CALENDAR: OF SUBSIDIARY DISTRICT OF CMWD. Councilman Lewis indicated that he had request this item be removed from the Consent Calenda in that he questioned if the City was going t use its own staff in the development of the assessor's information to support the applica tion for the subsidiary district. The Utilities/Maintenance Da',rector reported o the actions necessary to obtain the required information, and alternate methods for develo ing the information. Subsequent to Council discussion, the followi Resolution was adopted by title only: RESOLUTION NO. 5608, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RALPH ANDERS AND ASSOCIATES FOR CONSULTING SERVICES RELATI TO THE FORMATION OF A SUBSIDIARY DISTRICT AND AUTHORIZING THE TRANSFER OF FUNDS. the regular meeting of December 19, 1978. 1978 Council meeting per the applicant's ORDINANCES FOR ADOPTION: The following Ordinance was given a second reading by title only, and adopted: ORDINANCE NO. 9510, AMENDING TITLE 21, CHAPTE 21.45 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.45.130 TO EXTEND PLANNED UNIT DEVELOPMENT PERMITS WHICH ARE SUBJECT TO A WATER OR SEWER MORATORIUM. The following Ordinance was given a second reading by title only, and adopted: ORDINANCE NO. 9511, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONIN MAP TO GRANT A CHANGE OF ZONE (ZC-199) FROM R-1-7500 TO R-P-Q (RESIDENTIAL PROFESSIONAL EAST SIDE OF PIO PICO DRIVE BETWEEN LAGUNA DR QUALIFIED) ON PROPERTY GENERALLY LOCATED ON T AND STRATFORD LANE. CITY OF CARLSBAQ .' . cc -5- ORDINANCE NO. 9512, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-200) FROM R-1-10,000 TO P-U (PUBLIC UTILITY) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF INTER- STATE 5, BETWEEN POINTSETTIA LANE AND PALOMAR AIRPORT ROAD. APPLICANT: CITY OF CARLSBAD. 21. AGENDA BILL #5402 - Supplement #1 - The following Ordinance was given a second read ing by title only and adopted: ORDINANCE NO. 1211, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE [741 ASSISTANT CITY ATTORNEY. AMENDMENT OF SECTION 2.44.030 TO ADD THE POSI- TION OF ASSISTANT CITY ATTORNEY TO THE UNCLAS- SIFIED SERVICE. DEPARTMENTAL AND CITY MANAGER REPORTS: The City Attorney stated that the matter was ,-:being returned to Council with the documents as directed by Council. The following Resolution was adopted by title Motion only: Ayes RESOLUTION NO. 5618, APPROVING'AN AMENDED CUP RUP-l18(A)) TO PERMIT OCCUPANCY OF THE MAGEE HOUSE SUBJECT TO CERTAIN CONDITIONS AND GRANT- ING AN APPEAL OF THE PLANNING COMMISSION'S - DECISION IN REGARDS TO SAID CONDITIONS. ~1131 24. AGENDA BILL #5641 - Supplement #1 - SP-175A - HOWARD SHOMATE - ALTAMIRA HOMEOWNERS' ASSOCIATION. The City Attorney stated that the matter was being returned to Council with the documents as directed by Council. The following Ordinance was introduced for a Motion first reading by title only: Ayes ORDINANCE NO. 9514, AMENDING SPECIFIC PLAN CIRCUMSTANCES. APPLICANT: ALTAMIRA HOMEOWNERS' . ASSOCIATION. D SP-175 TO ALLOW PATIO COVERS UNDER CERTAIN [1.14] 25. AGENDA BILL #5181 - Supplement #3 - CONDO/CONDO CONVERSIONS - ZCA-94. I The staff report was given by the Assistant Planning Director, who referenced the Memorandun from the Planning Director to the City Manager, dated November 7, 1978, which contained proposed changes to the previous draft ordinance, as well as the new draft ordinance which incorporates those changes. KlNClL ME X x, X x: X X Nov 'ember - 141 CCKIMCIW1 Following a great deal of discussion re propose standards for private streets, it was the con- sensus of Council that staff set the matter to appropriate pub1 ic hearings. The Assistant Planning Director then exp.lained the new proposed Section 13.2 regarding th.e number of covered parking spaces required. Following brief discussion, Council concurred with the wording as proposed by staff. The Assistant Planning Director then reported on the new proposed Section 13.6 regarding storage space. Following discussion, it was the consensus of Council that the section be worded so as to allow a developer flexibility as to whether to utilize room storage or cubic feet storage area It was also agreed that closet space was to be considered separately, and not as part of this storage 'area. The Assistant Planning Director reported on the new proposed Section 11 regarding Utilities. Council concurred with staff's recommendation. Councilman Skotnicki requested that Section 15 veloping standards. Council concurred that Section 15 be changed by retaining the first sentence and deleting the remainder. The City Attorney suggested that Council may wish to change Section 10 to reflect that appeals of the Planning Director's decisions would go to Council, rather than to the Plannin Commission. Thus it would be consistent with policies regarding parcel maps, in that appeals regarding parcel maps go to Council. Council directed that Section 10 be modified in accordance with the suggestion of the City Attorney. Council directed the City Attorney to prepare documents incorporating the modifications as discussed by Council. .~ . .. . . .. CITY OF CARLSBAD November 21 , 1978 7- I PUBLIC HEARINGS: I AGENDA BILL #5654 - REQWEST FOR APPROVAL OF A c1131 - MASTER PLAN AMENDMENT FOR LAKE CALAVERA HILLS - MP-150 (A) - (LAKE CALAVERA HILLS ASSOCIATES) - (ROY WARD). Council continued the public hearing on Lake Calavera Hills to November 28, 1978 at 7:OO P.M I [I131 22. AGENDA BILL #5668 - FOUR UNITS, EL CAMINO REAL, SOUTH OF CHESTNUT - PUD-11 - APPLICANT: WILKINSON. The staff report was given by the- Assistant Planning Gilrector. He then responded to questions from Council regarding the condition as proposed by the Planning Commission con- cerning the grading, access, and drainage aspects of the applicant's request. S Mayor Packard then delclared the public hearing open, and inquired if anyone wished to speak on the matter. The applicant, Bob Wilkinson, 13027. Caminito D Rosio, Del Mar, Addressed Council in support of his request. I He gave a more detailed explanation of the -,.location and of the proposed project. He indi cated in response to questions, that provision for the maintenance of the private road would be part of the CC&R's for the project, and .that he had already submitted landscaping plan for the project. Since no one else wished to speak on the matte Mayor Packard closed the public hearing at 8:13 P.M. - S S r Council discussed the provisions for drainage and slope maintenance in regards to prevention of erosion and mud slides on El Camino Real. Following discussion, Council directed the City Attorney to prepare documents approving PUD-11, as per Planning Commission Resolution No. 1482. RECESS: I j I Mayor Packard called a recess at 8:20 P.M. and Council reconvened at 8: 35 P.M. with all members present. COUNCILME Y .. CITY OF CARLSBAD COUNCILME November 21 - ... - -8- DEPARTMENTAL AND CITY MANAGER REPORTS: Public Works 26. AGENDA BILL #5506 - Supplement #1 - REQUEST FOR ALTERNATE METHOD OF SEWAGE TREATMENT - PAPAGAYO DEVELOPMENT. A brief staff report was given by the City Engineer. Mr. Sam Blick, the attorney for the applican then addressed Council re the request. He briefly outlined the history of the matter and summarized his client's proposals to insure the successful operation and maintena of the proposed plant. He indicated that this project might be approved as an "experi mental" one, thus not requiring Council. to approve any similar requests in the future. Council then questioned the City Engineer re his memorandum of November 17, 1978 concerni the conditions proposed by the applicant. Following Council discussion, it was moved that Council approve the request for an alternate method of sewage treatment plant bond be required, and that such plant would be considered as a demonstration plant. The staff report was given by-the Public Wor Administrator. The following Resolutions were adopted by ti only: OF FUNDS FOR CONSTRUCTION OF THE COMFORT STATION AT HOLIDAY PARK. CONSTRUCTION OF THE HOLIDAY PARK-COMFORT STATION. 28. AGENDA BILL #5646 - REQUEST TO MODIFY SUBDIVISION ORDINANCE - SHELLEY CARON. Staff indicated that the applicant had re- quested that this item be removed from the agenda. Council concurred with the applicant's re- .. CITY OF CARLSBAD COUNCILME -9- November 21 , 1978 I I c851 29. AGENDA BILL #5673 - MARRON ROAD TRAFFIC STUDY. P The staff report was given by the Public Works Administrator. He referenced the agreement between the City of Carlsbad and May Stores, dated November 5, 1975 and the terms contained therei n. He briefly outlined the suggestions for improv ments f;ar separating Marron Road and Plaza Cam Real as contained in the report of Weston Prin and Associates, and then responded to question from Council. Mayor Packard indicated concern over the num- ber of lanes to be constructed at the crossing of El Camino Real and Highway 78 by CalTrans, and requested that staff contact CalTrans in this regard for verification. I Following discussion, Council accepted the re- port and recommendations as presented. I City Manager 1 t351 31. AGENDA BILL #5671 - ORDINANCE ESTABLISHIN THE CITY ATTORNEY'S OFFICE. A brief statement of the matter was given by ... ..-. the City Attorney. The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 1212, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.14, ESTABLISHING THE OFFICE OF CITY ATTORNEY OF THE CITY OF CARLSBAD, AND DEFINI.NE THE POWERS AND DUTIES OF THAT OFFICE. C941 32. AGENDA BILL .#3481 - Supplement #19 - FIFl SUPPLEMENT'TO THE AGREEMENT FOR THE EXPANSION OF THE PLAZA CAMINO REAL SHOPPING CENTER. [451 [941 33. AGENDA BILL #3481 - supplement #20 - [451 PLAZA CAMINO REAL EXPANSION - BROADWAY LAND EXCHANGE. B 1 The staff report on these items was given by the City Attorney. He briefly outlined and explained the contents of the documents, whict would be considered by the Parking Authority at their meeting the following day. He then responded to questions from Council re same. i ~ I Council discussed the flood channel, its re- location and the matter of liability for damages in case of its overflow. The following Resolutions were adopted by tit' only: Motion X Ayes xx: Motion 1 Ayes XX) I ~ . .. . CITY OF CARLSBAD CaJNCILME - P D 110- November 21, 1978 RESOLUTION NO. 5624, APPROVING A FIFTH SUPPLEMENT AMENDING THE .AGREEMENT BETWEEN THE CITY .OF CARLSBAD, THE PARKING AUTHORITY, AND PLAZA CAMINO REAL FOR EXPANSION OF PLAZA CAMIN REAL REGIONAL SHIPP1N.G CENTER AND AUTHORIZING THE MAYOR TO EXECUTE. SAID AGREEMENT. RESOLUTION NO. 5625, APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND EXCHANGE WGREEMENT AND ESCROW INSTRUCTIONS AND ALL RELATED DOCU- MENTS MAD'E EXHIBITS THERETO BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY AND THE PLAZA CAMINO REAL TO EFFECT THE BROADWAY LAND EXCHANGE. c781 34. AGENDA BILL #5672 - VEHICLE THEFTS - CAR COUNTRY. A brief staff report was given by the Assistan City Manager referencing his memorandum of November 13, 1978 to the City Manager, the memorandum and reports from the Chief of Polic and commenting on the meetings that had been held with the attorney for the Car Country auto dealers. The Chief of Police then addressed Council in regards to his recommendations for the tempora as well as permanent solutions to the problems ..He then responded to questions from Council .. regarding his recommendations, the effective- ness and difference in cost of using a Securit Guard, rather than a trained Police Officer to patrol Car Country, and the steps that have been taken by the Car Country dealers themselv to protect themselves and their facilities against vehicle thefts. Mr. Robert Knauf, 810 Mission Avenue, Oceansid the attorney for the Car Country auto dealers, then addressed Council in regards to his clients' views in this matter, and then re- sponded to questions from Council re same. Council discussed possible modifications, including physical barriers, such as low walls and higher curbs that could be devised to make it more difficult for vehicles to removed from the dealerships. Council also discussed using a Security Guard to patrol Car Country, and whether the City or the auto dealers them- selves should pay for the guard,and the possi- bility of using an additional canine unit to patrol Car Country. Following discussion, Council directed that the matter be returned for further report from the City Manager as to a1 ternate measures of providing security for Car Country, as dis- cussed, including the feasibility of the City purpose. I employing a private Security Guard for that I I j !i 1 1 1 ,I I1 1, ,( P Novembe . .. CITY OF CARLSBAD COUMCJLME -1 1- 34. AGENDA BILL #5672 - VEHICLE THEFTS - CAR COUNTRY (Cont'd) . Councilman Skotnicki requested that the infor- mation regarding the internal security measures taken by the auto dealers be updated to show what effect they are having on the vehicle theft problem, and be submitted when the matter is returned to Council. - CITY COUNCIL ADDITIONAL BUSINESS: Parks & Recreation Commission Councilman Lewis reported on the recent meeting of the Parks and Recreation Commission. JAC Reorganization Councilman Skotnicki commented on the progress of the JAC reorganization. He indicated that two agencies, the Vista Sanitation District and the Leucadia County Water District, have indicated their willingness to take ov'er the administration and operation of the Encina Plant and were instructed to submit written proposals to this effect. t' Councilman Skotnicki reported on the recent CPO meeting. EXECUTIVE SESSION: Mayor Packard called an Executive Session at 10:52 P.M. for the purpose of discussing litigation.' Council reconvened at 11:ZO P.M. with all members present. Mayor Packard announced that litigation had been discussed and that no action had been taken. ADJOURNMENT: By proper motion, the meeting was adjourned at 11:Zl P.M. to Tuesday, November 28, 1978, at 7:OO P.M., in the Council Chambers. Respectfully submitted, Secretary