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HomeMy WebLinkAbout1978-12-19; City Council; Minutes-t w mm=?i9 D CITY OF CARLS8A NefibME Meeting Time of Date of Place o of: CITY COUNCIL (Regular Meeting) Meeting: 6:OO P.M. Meeting: December 19, 1978 f Meeting: Counci 1 Chambers ROLL CALL: INVOCATION given by Mayor Packard PLEDGE OF ALLEGIANCE GIVEN PRESENTATION OF CERTIFICATE: Mayor Packard presented Councilman Skotnicki with a Certificate of Appreciation from the members of the Overall Economic Development Committee for his service on that committee. Minutes of the Adjourned Regular Meeting held November 29, 1978, were approved as presented. Minutes of the Regu1"ar Meeting held December 5, 1978, were approved as corrected. Minutes of the Adjourned Regular Meeting held December 6, 1978 were approved as presented. Councilwoman Casler requested that Items #5 and #17 be removed from the Consent Calendar; Councilman Skotnicki requested that Item #12 be removed from the Consent Calendar; Mayor Packard requested,that. Item #6 be kemoved from the .Conlser?t Calendar; and Counci1:man Anear de- quested that Item #19 be removed from the Consent Cai endar. The following Items, with the exceptions of #5, #G, #12, #17, and #19, were approved by one motion, affirming the action of the Consen Cai endar. 1. - WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the t.ext of all Ordinances before Council at this meeting. 2. AB #5689 - PAYMENT OF BILLS. Council authorized payment of bills for the General Expenses of the City and for the Water Department in the amount of $363,858.03. 3. AB #5690 - RATIFICATION OF PAYROLL Council ratified the payment of the payroll in the amount of.$187,963,24 for the period November 27,. 1978 through December 10, 1978. 4. AB #5691 - REFUND OF OVERPAYMENTS Council authorized payment of requested refund of overpayments of charges made by the City. 7. AB #3798 - Supplement #5 - PALOMAR AIRPOR - ANNEXATION. Council adopted the following Resolution by title only: .. . CITY OF CARLSBAD COLBNCihMf b -2- December 19, 1978 366 RESOLUTION NO. 5637 MAKING FINDINGS REGARDING VALUE OF PROTESTS AND ORDERING CARLSBAD NO. 1.24) TO THE CITY OF CARLSBAD. 8. AB #5625 - Supplement #1 - PURCHASE OF COMPUTER LINE PRINTER. Counci'l adopted the following Resolution by title only: RESOLUTION NO. 5638 ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF A COMPUTER LINE PRINTER. THE ANNEXATION OF PALOMAR AIRPORT (SOUTH 9. AB #5693 - PURCHASE OF DUMP TRUCK. Council adopted the following Resolution by title only: RESOLUTION NO. 5639 ACCEPTING A BID AND 10. AB #5694 - PURCHASE OF BACKHOE AND Council adopted the following Resolution by title only: RESOLUTION NO. 5640 ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF A BACKHOE AND TWO SKIPLOADERS. 11. AB #5695 - SPECIFICATIONS FOR FUME HOODS Council adopted the following Resolution by title only: AND AUTHORIZING THE PURCHASING AGENT OF T-HE CITY TO INVITE BIDS FOR FUME HOODS. 13. AB #5559 - Supplement #1 - KEN COX Council approved the purchase of Gym Center equipment for installation at Holiday Park. 14. AB #5696 - PLAZA CAMINO REAL-LOT LINE ADJUSTMENT. Council moved to refer Adjus-tment Plat No. 154 with a recommendation of approval to the Secretary of the Parking Authority for action at its next regular meeting. Council adopted the following Resolution by title only: RESOLUTION NO. 5634 RECITING THE FACT OF A SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 7TH DAY OF NOVEMBER, 1978, DECLARING TH RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED .BY LAW. .. I b D .. . CITY OF CARLS CBUNCBLMEN STREET PURPOSES. title only: RESOLUTION NO. 5644 DENYING A CLAIM AGAINST THE CITY. ITEMS REMOVED FROM THE CONSENT CALENDAR: [701 5.. AB #3552 - Supplement #10 - MAGEE PARK Councilwoman Casler stated she had requested this item removed from the Consent Calendar in order to discuss time limits on the matter which should be imposed by Council.. In addition, Council discussion reflected their concerns regarding deterioration of the barn to the extent that termite in'festation would not permit restoration of the barn to a condition which would enhance the atmosphere of Magee Park. Additional concerns were that the size, location and condition of the barn presented an eyesore, that the landscaping .plans for th'e Park did not take into consideration the barn in its present location; secur.ity and maintenance problems, and questions regarding restoration of the barn to a specific'level of the code, i.e., was use restricted to storage, other passive use or occupancy by Motion was made to donate the barn to the A Motion was made to allow the Historical Society to restore Magee Barn, with'the understanding that the Society would return a concept report within ninety (90) days for Mr. Bussey., the City Manager, .stated. he.would contact the landscaping architect to determine if restoration would po.se any problems'with regard to landscaping and, if so, advise Council t lsl D B CITY OF CARLSBAD -4- ~741 6. [45] AB #5692 - RESOLUTION OF INTENTION TO WITHDRAW FROM- SOCIAL SECURITY PROGRAM. Mayor Packard stated' he ha.d requested this item removed from the Consent Calendar for ; cl ari fi!ca ti on ., Mr. Bussey then explained the reasons .for adopting the matter at that time. In answer to Council concerns, Mr. Bussey explained that Council's action was not a final commitment, but that a poll of the-employees would be- taken prior to finalization, as well as negotiation of a substitute during the two- year period. The following Resolution was adopted by title only: RESOLUT-ION NO. 5636 REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD-AGE, SURVIVORS, .DI.SABILITY, AND, HEALTH INSURANCE) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE STATE OF CALIFORNIA. [lo51 12. AB #5399 - Supplement #3 - URBAN OPEN SPACE AND RECREATION PROGRAM (SB-174) Councilman Skotnicki stated he had requested this item removed from the Consent Calendar to discuss Council's sanction of what he con- sidered to be special interest groups. Following a staff report by Mr. Bussey., Council adopted the following Resolution by title only: RESOLUTION NO. 5642 URGING GOVERNOR BROWN URGAN OPEN SPACE AND RECREATION PROGRAM IN TO INCLUDE 'FUNDING FOR THE ROBERTI-Z'BERG THE BUDGET FOR THE 1979-80 FISCAL YEAR. C50l 17. AB #5698- - BIMONTHLY UTILITY B.ILLING Councilwoman.Casler stated she .had requested this item removed from the Consent Calendar - in order to inquire if other cities who had adopted this procedure had experienced any in- creased delinquencies. Mr. Bussey indicated he was not aware of any reports addressing that particular consideratio but that im.plementation of the system would be cost effective.' Council instructed staff to proceed with the conve.rsion of the Utility Billing System to a bimonthly.cycle. [SI] 19. AB #4011 - Supplement #2 - PROPOSED .SALE ELM AVENUE PROPERTY. Councilrn-an Anear stated' he had requested thi's item removed from the Consent Calendar to dis- cuss practicality of selling City property in view of plans for expansion and current real estate inflation. .. GOUNCILMEN 198 D B CITY OF CAWLS5AD - . -5- Mr. Bussey gave a staff report indicating that the property was not a legal building lot and was not sta.ndard, as previously indicated to Counci 1. Council recognized Mr, McCoy, 390 Elm Avenue, Carlsbad,. California, who addressed Council, indicating it was his intention by purchasing the property to make that parcel and adjoining parcels more desirable for everyone concerned. Council discussion concerned the Ci-ty's future needs for and use of the property. 1 [llq D 051 [113] Council dir'ected staff to proceed with the necessary documents to enter into escrow and further, authorized the-Mayor and City Clerk to execute necessary documents upon close of escrow. ORDINANCES FOR ADOPTION: 20. AB-#5181 - Suppl.ement #4 - CONDO/CONDO CONVERSIONS - ZCA-94. The following ordinance was given a second readin.g and adopted by title only: ORDINANCE NO. 9516 AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.47 TO ADOPT REGULATIONS FOR CONDOMI.NIUMS AND CONDOMINIUM CONVERSIONS. HOUSING AUTHORITY: Council adjourned to Housing Authority at 7:07 P.M., and reconvened at 7:Il P.M., with a1 1 members present. 0RDINANCES.FOR ADOPTION: 21. AB #i654 - Supplement # 2-LAKE CALAVERA' HILLS MASTER PLAN AMENDMENT. Mr. Biondo pointed out to Council that the proposed Ordinance contained all of the final conditions in their .final form. * James Hagaman, Planning Director, made a correction on page 1 of Exhibit D, lindicating that under the column Notes, Village E-2, the number "4" should be sub,stituted for the numbers "3,5", and in Village R-2, 'the number "3" should b.e substituted for the. number "4". Council recognized Mr. Ed Hayworth, 3088 Pi0 Pico; Carlsbad, California, representing the applicant, Lake Calavera Hills Associates who indicated to Council his concern that the Ordinance did not provide for an alternative manner in which building permits would .be'issued, "if, Counei? did not eStab1is.h the public facilities fee schedule in the near future. CCWNCltMEN i ~ 1111 B B ' CITY OF CARLSBAD -6- December 19, 1.978 .. .. I Council discussed the problem raised by Mr. Hayworth and responded that the City would proceed with all dispatch to establishing . 'an appropriate pol icy. .. Mr. Hayworth indica-ted, for the record, that his second i tem o'f concern dealt with Exhibit "E" (Phasing Schedule) in that the applicant did not feel that the requirement of College to Cannon or El Camino Real was a necessary con.nection. The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 9517 APPROVING AN AMENDED COMMUNITY OF APPROXIMATELY 800 ACRES TO BE KNOWN AS LAKE CALAVE-RA HILLS GENERALLY LOCATED WESTERLY OF LAKE CALAVERA AND SOUTHERLY OF COLLEGE BOULEVARD (APPLICANT: LA,KE CALAVERA HILLS ASSOCIATES BY ROY WARD). MASTER PLAN (MP-l50(A) FOR A PLANNED [77] 22. AB #5684 - Supplement #1 - REQUEST TO AMEND PLANNING MORATORIUM - DON AGATEP The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 7055 AMENDING ORDINANCE NO. 7048 AS EXTENDED BY ORDINANCES NO. 7050 AND 7053 TO AMEND THE PLANNING MORATOR1,UM TO PROVIDE FOR AN EXCEPTION TO ALLOW THE PROCESSING OF REVISIONS TO PREVIOUSLY . APPROVED TENTATIVE SUBDIVISION MAPS UNDER CERTAIN CIRCUMSTANCES. [87] 23. AB #5308 - Supplement #2 - REG.IONAL GROWTH MANAGEMENT PLAN Mr. Hagaman, the Planning Director, gave a staff report, referencing his memorandum of " December 4, 1978. Council Is discussion re'flected .their concern that annexations would not be economically advantageous to the City. Further discussion reflected that the positive aspects of annexation -- growth management and land plan use--outweighed the negative aspects. Council directed staff to prepare- a lett'er to the Board of Supervisors thanking them for their cooperation in attempting to meet the concerns of'the City of Carlsbad, with t.he indication, however, that "future urban development" areas clearly indicate that the County discourages subdivision of lots of less than 10 acres, and that areas only be developed for agricultural and related uses Furth.ermore, that the County encourage annexat when all public services are available.. I RECESS: Mayor Packard announced a recess at 8:OO P.M., and Council reconvened at 8:14 P.M., with all members present. .3 COOlMCDLMEN December 1 I COCINGIlMEN 24. .4B # 5323 - Supplement # 1 - COMMERCIAL REGIONAL CENT.ER ZONE - ZCA-91. James Hagaman gave a staff report. Council discussion reflected their concern that some of the permitted uses in- the proposed zone were not desirable. Co.unci1 denied ZCA-91. 25. AB #5342 - Supplement # 1 - ALTERNATIVES FOR CONTINUED PROCESSING OF THE LO.CAL COASTAL PROGRAM.. Staff report was given by Tom Hagaman outlining the alternatives available to Council. Council discussion r.efl-ected their reluctance to appropriate any further effort or'money in preparing the LCP in view of probable arbitrary rejection by the State Commission. .It was pointed .out that any plan prepared by the State would not become operational until certified by the City. Council directed staff to request the State to prepare the Local Coastal Program for the City of Carlsbad. 26. AB #5700 - AFFIRMATIVE FAIR HOUSING - MARKETING PLAN. A staff report was given by Redevelopment Coordinator, Jack Henthorn who outlined the options available to Council ,.should it desire to continue to receive HCD fund'ing. Council discussion reflected their concern that possible ramifications of withdrawing from HCD funding would be that prior years funding may be voided and be required to be returned in vie of the Cityfs- lack of an Affirmative Fair Housing Marketing Plan. Staff responded that it was not known how receipt of prior years funding would be affecte and advised that the AFHMP must be developed eventually in any event. Council directed staff to prepare the documents necessary' for adoption and local. administration of an AFHMP. 27. AB #5396 - Supplement #2 - FINAL MAP CT 77-14 - SAMUEL W. PEARLMAN. A staff report was given by Public Works Administrator, Ron Beckman. Council approved the final map of Carlsbad Tract 77-14. \' CITY OF CAWLSBAD . -8- December 19, 1978 [55] 28. AB # 5701 - APPLICATION FOR LITTER CLEANUP GRANT FUNDS-SB650 D B A staff r.eport was given by Utilities & Maintenance Director, Roger Greer, indicating that in ord.er to utilize the funds available, Council approval must be acquired. .He further explained the plan developed to obtain the maximum benefit from the amounts allocated. Council approved the following Resolution by title only: RESOLUTION NO. 5645 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL RECYCLING AND REOURCE RECOVERY .FUND. [70] 29. AB #5702 - CARRILLO RANCH - RENTAL/ [45] CARETAKER AGREEMENT. A staff report was given by Mr. Bussey. Council approved the .Carrill0 Ranch Caretaker Agreement, with .the- inclusion of a provision in the Agreement which would prohibit any structural alterations to any of the buildings, without prior approval ~791. 30. AB #5703 - REVISED TRAVEL POLICY. Mr. Bussey gave a staff report on the matter. Council discussion reflected their co'ncern that the policy as submitted did not adequately prevent abuse. Council direct.ed that the policy be tightened to include.maximum limits of tipping, phone charges, provisions for use of rental vehicles,'no room service, and maximum amounts to be set for meals. [79] 31. AB #5704 - VEHICLE POLICY. The City Manager gave a report indicating it wa his intention that all new vehicles purchased' in t-he future would be subcompacts which would be justified by the savings in orig.ina1 cost and costs of fuel. Council discussion reflected their.concerns regarding wheth.er subcompacts would provide reasonable safety and comfort, and problems concerning uniformity if used, rented fleet vehicles. were purchased. Further discussion inquired into the distribution and availability of cars to staff and the various.departments. Council approved'Administrative Order No. 3 regarding vehic.les. :. .. "p S COUNCILMEN .L i ’ CITY OF CARLSBAD - 9- .. Manager from Director of UtilitieslMaintenance regarding CMWD application. Council discussion reflected their c-oncern‘ that such application would result in major difficulties. Council directed staff to advise LAFCO [25] of their strong ‘opposition to any. application by CMWD for permission to sell non-potable . Report of CPO Meeting: .Vice-Mayor Skotnicki reported to Council regarding the December 18, 1978 meeting of the Comprehensive Planning Organization and conveyed their position on th.e CallahanTask Force; the cities’ report on the Comprehensive G’eneral Plan and how well the various elements of CPO had been implemented and the airport element of the Regional Transporta- tion Plan. ADDITIONAL CITY MANAGER BUSINESS: ‘ Mr. Bussey advised .the Council that Assemblyman Bob Frazee; newly elec-ted, had been as.signed Vice-chairman of the Local Government Committee. EXECUTIVE SESSION: Mayor Packard called an Executive Session at 10:15 P.M. for the purpose of discussing litigation. Council reconvened a’t 11:58 and the Mayor announced that liti’gation had been discussed. Respectfully submitted, Anita Dack Murphy, Recording Secretary CO”,bNCQLMEN