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HomeMy WebLinkAbout1978-12-05; City Council; Minutes”” 4 CITY OF CA Meet i ng of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO P.M. Date of Meeting,: December 5, 1978 Place of Meeting: Council Chambers -~~ ~ ROLL CALL: Councilman Skotnicki arrived at 6:03 P.M. INVOCATION given by Mayor Packard PLEDGE OF ALLEGIANCE given APPROVAL OF MINUTES: (Approved by one motion) Minutes of the Adjourned Regular Meeting, held November 20, 1978, were approved as presented. Minutes of the Regular Meeting, held November 21, 1978 were approved as presented. Minutes of the Adjourned Regular Meeting, held November 28, 1978, were approved as presented. CONSENT CALENDAR: Councilman Anear requested that Item #9 be removed from the Consent Calendar and Councilman Skotnicki requested that Items #6 and #I 1 be removed from the Consent Calendar. The following Items, with the exceptions of #6, #9, and #11, were approved by one motion, affirming the action of the Consent Calendar. 1. WAIVER OF ORDINANCE TEXT READING Council waived the reading of the text of all Ordinances before Council at this meeti-ng. 2. AB #5674 - PAYMENT OF BILLS Council authorized payment of bills for general expenses of the City and blater Department in thetotal sum of $649,304.66. 3. AB #5676 - REFUND OF OVERPAYMENTS Council authorized the requested refunds of overpayments of charges made by the City. Specific requests are on file in the City Clerk’s office. 5. AB #5416 - RESTORATION OF STORM DAMAGED STREETS CONTRACT NO. 1052 Counci 1 accepted the work and directed City Clerk to record the Notice of Completion and release the bonds at appropriate time. 7. AB if5678 - APPOINTIVE-W-ICES/LIST OF VACANCIES Council acknowledged receipt of the list and directed City Clerk to publish list and post in Clerk.’s office. 8. AB #5679 - REQUEST FROM PLANNING COMMISSION TO AMEND ZONE CODE REGARDING YARD SETBACK REQUIREMENTS Council concurred with Planning Commission that there is a need for administrative approval of some intrusions into required yards and directed staff to prepare ordinance for Planning Commission hearing. 10. AB #5681 - SAN MARCOS TRAIN1 NG CENTER (EAST CARLSBAD 2.28) ANNEXATION Council adopted RESOLUTION NO. 5628 annexing the territory known as the San Plarcos Training Center (East Carlsbad 2.28) Annexation. CITY OF FLSBAD - 2- December 5, 1978 II W( 12. AB #5688 - APPROVAL OF ELEVATIONS FOR THE SEARS STORE IN PLAZA CAMINO REAL I Council approved the elevations of the Sears store by Minute Motion. 12A. AB #2091 - Supp #10 - CT 73-8 (CARLSBAD PALISADES) "9\ ACCEPTANCE OF PUBLIC IMPROVEMENTS D Council accepted the improvements as completed and directed the Uti 1 ities/Maintenance Director to commence maintenance and City Clerk to release bonds for public street improvements. ITEMS REMOVED FROM CONSENT CALENDAR: (3611 6. AB #5677 - PUBLICATION OF ORDINANCE SUMMARIES Councilman Skotnicki stated he had requested this item removed from the Consent Calendar in order to express his concern as to the cost of legal publ i cation and how publ i cation of summaries would affect that aspect of the budget. He further indicated his desire that a copy of the proposed summaries be furnished Counci 1 . I The City Attcrney explained that publication of a one-quarter display ad was an additional alternative that could be utilized. However, prior approval by Council would be obtained. (84) Council then designated the City Attorney as the official responsible for preparation of ordinance summaries in cases where it is determined desirable to publish said summaries in lieu of entire ordinance. 9. AB #5680 - PURCHASE OF PICKUP TRUCK Councilman Anear stated he had requested this item be removed from the Consent Calendar to discuss coordinating purchasing with the State and County Purchasing Departments rather than acting independently of such agencies. Staff outlined the procedure utilized in this instance, acknowledging that the suggested method could be followed in the future. ~ The following Resolution was adopted by title only: ~ RESOLUTION NO. 5627 ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF A PICKUP TRUCK. D 11. AB #5207 - APPROVING ASSIGNMENT OF CABLE TV FRANCHISE '53' FROM DANIEL'S CABLEVISION' TO CARLSBAD CABLEVISION Councilman Skotnicki stated he had requested this item removed from the Consent Calendar to question the extraordinary circum- stances which would justify reassignment of cable franchise in view of the Municipal Code. The Council recognized Keith Burcham, Executive Vice-president of Daniels & Associates, who explained the construction loan problems and high interest rates which necessitated the re- arrangements -of the company structure and assured Council that the principals involved were essentially the same as those who currently operate the system. I .. - COUNCILME 352 - ~ "_ Motion Ayes .e Motion Ayes . " .-. . CITY OF CARLSBAD - 3- December 5, 1978 Council recognized Sam Evans, In-House Counsel for Daniels & Associates, who elaborated further on the financial concerns prompting the request for reassignment, explaining how such financial impacts constituted extraordinary circumstances. Council questioned the legal recourses available to the City under the new arrangements. The City Attorney responded that it was a business judgment to be made by Council, rather than a legal judgment. The following Resolution was adopted by title only: RESOLUTION NO. 5629 APPROVING THE ASSIGNMENT OF THE CABLE TV FRANCHISE FROM DANIEL'S CABLEVISION, INC. TO CARLSBAD CABLEVISION PURSUANT TO SECTION 5.28.140(d) OF THE CARLSBAD MUNICIPAL CODE. The following Resolution was adopted by title only: I RESOLUTION NO. 5630 APPROVING THE ACCEPTANCE OF THE CABLE TV FRANCHISE BY CARLSBAD CABLEVISION, A LIMITED PARTNERSHIP, PURSUANT TO SECTION 5.28.130(a) OF THE CARLSBAD MUNICIPAL CODE. At this time, Council agreed to remove Item #26 from Agenda order for discussion. 26. AB #5686 - MEET AND CONFER IMPASSE Paul Bu,.ssey, the City Manager, gave a brief introduction of the matter Feferencing the impasse meeting he held with representatives of both parties on November 20, 1978 and the results thereof. Mr. Jerry Pieti, the City's representative, gave a staff report commencing his presentation by outlining the options available to Council under Section 2.48.130 of the Code with the recommendation that Council elect to make the determination as opposed to mediation, conciliation or arbitration. Mr. Pieti continued with an outline of the issues in dispute, with specifics of the various offers made by the City and countel offers made by the Association. Kelly Irvi San Diego, of State a ng, Association representative, 2266 San Diego Avenue, CA 92110, a representative of the American Federation :nd County and Municipal Employees , addressed Council. Mr. Irving pointed out that the City had declared the impasse. Mr. Irving indicated the willingness of the Association to move on the matters in dispute. However, since the City was unwill- ing to move, there did in fact appear to be an impasse. He then outlined the various resolutions which the Association had presented to cure the impasse, indicating that each one had been rejected by the City representatives. Mr. Irving requestec that Council not take any action to conclude the negotiations or remove the matter from the respective City/Association representatives at this time. He also gave an explanation as to the reasons for, and amounts of, the requested salary in- creases. Counci 1 then declared itself to be the decision-making body with regard to Meet and Confer Impasse. I I COUNClLME - B I) . . CITY .. OF CARLSBAD .. -4- December 5, 1978 St was moved. a,nd seconded that Staff be directed to prepare the documents necessary to effectuate the offer made by the City on-October 26, 1978 for presentation to the City Council at an Adjourned Meeting on December 6, 1978. Mr. Kelly Irving requested the opportunity to address Council prior to the vote on the J . motion. .. .. . . . . .. -ic After consulting with the City Attorney, the Council recognized Mr. Irving. Mr. Irving referenced Section 3505 of the California Government Code, and expressed the feeling that for Council to take action at their mee.ting of December 6, 1978, would not allow adequate time for resolution of . 41 the impasse and contraindicated the length- of-time provisions governing such procedure. The City Attorney inquired if Mr. Irving had anything' further to offer prior to . _. ~ : . -* - ., .. . - -* -. . . Council's vote on the matter. In response, Mr. Irving indicated that he had nothing further to offer on the matter. C@ncil.then directed Staff to prepare the documents necessary to effectuate the offer made by the City on October 26, 1978 .for presentation at an Adjourned Meeting of the City'Council on December 6, 1978. RECESS: Mayor Packard called a recess..at 7:30 P.M. and Counci 1 reconvened at 7:45 P .M: with a1 1 members present. ORDINANCES FOR ADOPTION: AB #5641 - SP 175(A) HOWARD SHOMATE, 013) &AMIRA HOMEOWNERS ASSOCIATION, APPLICANT. The following 0rdinanee.was given a second reading and adopted by title only: ORDINANCE NO. 9514 AMENDING SPECIFIC UNDER CERTAIN CIRCUMSTANCES PLAN (SP-175) TO ALLOW PATIO COVERS I 1 -. A ,- ~b\bIL-CTLL .. .. LWKL3Dfitb ATTORNEY'S OFFICE The following Ordinance was given a second reading and adopted by title only: ORDINANCE NO. 1212 AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE THE O'FFICE OF THE CITY ATTORNEY OF THE CITY OF CARLSBAD, AND DEFINING THE POWERS AND DUTIES 0F.THAT OFFICE. -ADDITION OF.CHAPTER 2.14-ESTABLISHING . .- PUBLIC HEARINGS: (1 13) 15. AB #5654 - Supp # 1 - MASTER PLAN AMENDMENT FOR LAKE CALAVERA HILLS Council conti.nued the matter to the Adjourned __ ... Meeting of the City Council to be held on December 6, 1978. 16. AB #5367 - CONDOMINIUM CONVERSION MORATORIUM Mayor Packard declared the public hearing open and S%ce no one responded, the Mayor closed the public hearing at 7:46 P.M. ORDINANCE NO. 9515 EXTENDING THE INTERIM ORDINANCE NO. 9495 AS AMENDED BY INTERIM ORDINANCE NO. 9497. TO CONTINUE THE MORATORIUM ON THE PROCESSING OF SUBDIVISIONS FOR THE CONVERSION 0-F EXISTING STRUCTURES TO CONDOMINIUMS. AB #5645 - Supp #1- -FIFTH YEAR HCD' BLOCK GRANT APPLICATION (105) 17. Staff report was presented by Redevelopment.. Coordinator, Jack Henthorn, who referenced his memo to the City Manager, dated Mayor Packard declared the public hearing open, and asked if.anyone wished to speak on the matter. CITY OF CAWLSBAD - 6- December 5, 1978 B D Bob Ladwig, representing the Chamber of Commerce addressed the Council. Mr. Ladwig recommended approval of the staff's recommendations. Harold V. Clarke, 824 Caminito del Reposa, Carlsbad, CA 92008, addressed the Council indicating he owned commercial property at the corner of State and Grand Streets in Carlsbad. Mr. Clarkspoke in favor of the proposed improvements. Since no one else wished to speak, Mayor Packard closed the public hearing at 8:05 P.M. Council discussions reflected their concerns about replacing sidewalks other than those which are hazardous and questioned how those improvements would fit into the redevelopment plan for the area. Mr. Henthorn responded to the Council's queries indicating that this would be a design plan to include all amenities in those areas. The following Resolution was adopted by title only: RESOLUTION NO. 5631 REQUESTING FUNDING FOR FIFTH YEAR BLOCK GRANT PROJECTS. Councilman Skotnicki referenced Information Item #B and questioned whether the restrictions would apply to all housing, or housing subsidized by public funds, expressed his concern regarding the additional restrictions for the builder and whether the City wanted to accept such restrictions. 98 Mr. Henthorn indicated it would apply to all housing, but that a final determination had not been made as to whether the restrictions would in effect be applied and that prior to any contracts being let, final determination would be made as to whether the conditions would be imposed. 18. AB #5682 - STREET NAME CHANGE FROM GAVIOTA LANE TO COLIBRI LANE - Case No. SNC-12 Staff report was presented by Ralph Plender, Assistant Planning Director. ~ Mayor Packard declared the public hearing open and asked if anyone wished to speak on the matter. Frederick M illar , 2619 Gaviota Lane, Carlsbad, CA addressed the Council. He spoke in favor of the name change to prevent future problems for fire and safety purposes. B Since no one else wished to speak, Mayor Packard closed the public hearing at 8:34 P.M. Council discussion reflected their great concern that each individual living on the street be directly and immediately made aware of'the name change with Councilman Skotnicki recommending that the post office personnel be directly and immediately made aware of the name change. .I The following Resolution was adopted by title only: RE,SOLUTION NO. 5632 APPROVING A STREET NAME CHANGE FOR PROPERTY GENERALLY LOCATED NORTH OF ALGA ROAD EAST.OF EL CAMINO REAL. COUNCILME CITY OF CARLSBAD COUNCILME -7- HOUSING AUTHORITY DEPARTMENTAL AND CITY MANAGER REPORTS: 19. AB #5668 - SUPP #1 - FOUR UNITS, EL CAMINO REAL, SOUTH Following staff report, Council discussion reflected concerns regarding who would assume responsibility for maintenance of the frontage road to the project. consideration. The following Resolution was adopted by title only: RESOLUTION NO 5633 APPROVING A PLANNED UNIT DEVELOPMENT 2.22 ACRES GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN CHESTNUT AND TAMARACK AVENUES. 20. AB #5181 - SUPP #4 - CONDO/CONDO CONVERSIONS--ZCA-94 The following Ordinance was given a second reading and adopted by title only: ORDINANCE NO. 9516 AMENDING TITLE 21 OF CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.47 TO ADOPT REGULATIONS FOR CONDOMINIUMS AND CONDOMINIUM CONVERSIONS. The City Manager gave a brief report on the matter. Council discussion reflected their concern over the. inordinant amount of complaints generated by the subject business and their desire that the ABC be advised of the problems. to the ABC re the number of calls and problems relating to the establishment, and to notify the ABC that if the problems continue, that Council intends to take steps to see if the license could be revoked. Staff report was given by the Planning Director for revised tentative maps is desirable and directed City Attorney to prepare documents amending Ordinance No. 7048. .. . CITY OF CARLSBAD -8- December 5, 1978 tO)l 23. AB #5250 - SUPP #3 - CONSULTANT'S REPORT: AGUA HEDIONDA - MAINTENANCE PROGRAM B Utilities & Maintenance Director gave a staff report outlining contents of his memo dated November 28, 1978. He stated Dr. David A. Smith, of David D. Smith & Associates, Post Office Box 1338, La Jolla, CA 92038, was present to respond to specific questions from Council. Dr. Smith responded to Council questions re costs contained in report, uncertainty whether Encina 5 would increase or decrease siltation, and fact that major portion of sediment is from the sea. Counci 1 ' discussed the 1 ong-range problems in assuming responsi - bility of maintenance program and possibility of the work being performed by SDG&E. Council also inquired into any action anticipated in the area according to Department of Fish & Wildlife plans. I Bart Lefferdink, 4576-B Cove Drive, Carlsbad, CA 92008, .addressed the Council, expressing his feeling that the Corps of Engineers and numerous other agencies should be contacted re dredging the lagoon. Council accepted the report and directed that the contract with Dr. Smith be closed out, and directed staff to pursue pre- liminary actions toward the attainment of the necessary data for purposes of coming up with a decision on this matter during the course of the Local Coastal Program preparation. (93): 24. AB #5601 - REQUEST FOR COMMITMENT OF SEWER CAPACITY Staff report was given by the Public Works Administrator. Council recognized Andrew Schlange, Consultant, P. 0. Box 561, Chino, CA 91710, representing Covington Brothers, who outlined the contents of his letter, dated September 5, 1978, then explained his final request for an opportunity to meet with City staff in order to develop a possible solution based on construction of a satellite treatment plant. Council expressed concern in that a final determination has not yet been made with regard to satellite treatment plants in the City. Council denied the request of Covington Brothers for special consideration with regard to sewer capacity. Council directed staff to return to Council with a report to include information as to the steps necessary and costs . involved in order to refine the Lowry Report re satellite treatment plants in the City. CITY MANAGER: B (891 25. AB #5685 - AMENDMENT OF CARLSBAD MUNICIPAL CODE RE MOBILE FOOD PREPARATION VEHICLES. .I Staff report was given by the City Manager. COUNCILME Mot i on xx Ayes X " , .._. I. Motion Motion xx Ayes X xx Ayes , ., CITY OF CARLS5AD -9- December 5, 1978 Council recognized Mr. Murphy, 8166 Center, La Mesa, CA., representing M.I. Catering, who addressed the Council in favor of the amendment, outlining the contents of his letter, date December 5, 1978, and requesting approval of the matter. The Council recognized Jeff Garland, Attorney at Law , 117 Elm Street, Carlsbad, CA., representing Classic Catering, Fiesta Catering and Moody's Lunch Services, who addressed the Council. He expressed opposition to the amendment. Council recognized Fred Thornburger, 270 Quail Lane, Oceanside, California, who identified himself as a retired registered sanitarian, and spoke to Council in opposition of the matter . Council discussion reflected their concern for the safety and health hazards which might be a result of approval. Council determined not to make the change to the Code which would allow the operation of mobile food preparation vehicles 26. AB #5686 - -MEET AND CONFER IMPASSE This item was removed from order and discussed following the Consent Calendar as Item #13; 27. AB #5687 - APPOINTIVE/ELECTIVE CITY CLERK Following brief discussion, Council directed staff to prepare the necessary documents at the appropriate time for placing the question of the appointive position of City Clerk and City Treasurer on the ballot for the City's General Municipal Election to be held in April, 1980. CITY COUNCIL ADDITIONAL BUSINESS: Councilman Skotnicki referenced several items which need to be returned to Council for consideration or report, including the Capital Improvement Budget , Master Sewer Plan, Library Master Plan, Human Needs Assessment, Travel Policy, and status report on the Burroughs Plant temporary waste discharge permit. He expressed the desire for their consideration at the earliest possible date. CPO: - Councilman Skotnicki reported briefly on the CPO meeting and expressed the need for a briefing as to how Carlsbad has implemented the Regional Comprehensive General Plan. B I ADJOURNMENT: By proper motion, the meeting was adjourned at 10:50 P.M. to Wednesday, December 6, 1978 at 7:OO P.M. in the Council Chambers. Respectfully submitted, ALETHA l2AkdL;Pg- L. RAUTENKRANZ, City C1 e Anita Dack Murphy, Recording Secretary COUNCILME Motion x Ayes xx Mot ipn X Ayes' XXK -1,. .~ . .. .