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Home My WebLink About1979-03-20; City Council; Minutes,. CITY . OF CARLS0AD . ' . .... '. CiNM CITY COUNCIL (Regu.lar !-leeting) . 6:OO p;n. ' Date of Meeting: ;*!arch 20, 1979 Place of Meeting: Council Chambers L ROLL CALL was taken by the City Clerk. INVOCATION .given by Mayor' Packard. PLEDGE OF ALLEGIANCE recited. Minutes of the Adjourned Regular Meeting, held March -3, 1979, were approved as presented. Minutes of the Regular Meeting, held March 6, 1979, were approved as corrected. Ninutes of the Study Session, held March 13, 1979, were approved .as presented. CONSENT CALENDAR: Councilman Anear requested that Item ii9, Item #14, and Item #14A, be removed from the Consent Calendar. The following Items, with the exception of .Items #9, #14, and #14A, were approved by one motion affirming the action of the Consent Cal endar. 1'90 ti on Ayes I 1. WAIVER OF ORDINANCE AND RESOLUTION TEXT READ1 NG. I .. __ -. . . .. vx ~ ~~~_~" "_ ..-. - " . . - . . .. %. CITY CARLSBAD -2- March 20, '1.979 " 1 I [83] 6. AB #5785 - RECOATING OF SKYLINE RESERVOIR [45] . 1 .5 !!ILLION GALLOM TA:iK INTERI" """.- SYSTEt4 - COATRACT NO. ,UK CUHl lNti 1063. I Council adopted the following Resolution: (I RESOLUTION NO. 5710 APPROVING PLANS AND SPECIFICATIONS AND AU'THORIZING THE CITY CLERK TO INVITE BIDS FOR RECOATING TANK - CONTRACT !.IO. 1063. OF SKYLINE RESERVOIR 1.5 MILLION GALLON 7. AB #5786 - TRAFFIC SIGi4AL UPGRADING - [g6] CARLSBAD BOULEVARD 8, ELI4 AVENUE. C451 Council authorized the City ilanager to award the necessary signal upgrading work at Carlsbad Boulevard and Elm Avenue to Signal Maintenance, Inc. [lo51 8. AS #3542 - Sup48 - FOURTH YEAR HOUSING [45] Ai4D COMMUNITY DEVELOPMEt4T BLOCK. GRANT >IANAGEMEN' Ar-JD IMPLEPlENTATION AGREEMEFjT. ,I Council adopted the following Resolution: RESOLUTION MO. 571 1 APPROVING 'AN AF4i) THE COUNTY OF SAN' DIEGO FOR HANAGEMENT AND .IMPLEbENTATION OF THE FOURTH YEAR HOUSING AND CO?lYUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND , AUTHORIZING THE CilAY.OR TO EXECUTE SAID AGREEHENT. AGREEHENT BETNEETI THE CITY O'F CARLSBAD I [50] IO. AB #5602 - SUp#l - DESIGNATING CITY ' OFFICIALS AUTHORIZED3TO .. .?JAKE TRANSFERS OF FUNDS TO OR FROM TI+E LOCAL AGENCY INVESTMENT FUHD, y I [50] IO. AB #5602 - SUp#l - DESIGNATING CITY ' OFFICIALS AUTHORIZED3TO .. .?JAKE TRANSFERS OF FUNDS TO OR FROM TI+E LOCAL AGENCY INVESTMENT FUHD, y Council adopted the following Resolution: RESOLUTION !do. 571 3 AHENDING .RESOLUTION NO. 5078, ADOPTE3 MAY 17, 1977, WHICH AUTHORIZED INVESTlilENT OF CITY -OF 'CARLSBAD bIONIES IN THE LOCAL AGENCY INVESTFIEN-T FUN1 [28] 11. AB #5788 - DISBArlD COblMITTEE ON SEidIOR CITIZEIJS' AFFAIRS. Council adopted the following Resolution: e I RESOLUTION NO. 5714 DISBANDING THE CONMITTEE ON SENIOR CITIZENS' AFFAI.RS. I. [63] 12. AB #894 - Sup#6 - LIBRARY HASTER PLAid . REPORT. I Council adopted the following Resolution: I . RESOLUTIOtJ NO. 5715 APPROVING IN CONCEPT THE REVISED _____..__. .._._._.. PLAN. ILIBRARY MASTFR I I L D, COUN( ,a ,I ~ I 1 . .. .. .*. . .. I ., ... - ~ I tlotion I Ayes .~ I ~ Mot i on Ayes Noes Motion Ayes . CITY OF - CARLSBAD -5- March. 20,' .1979 -g 8 16: AB #5772 - Sup#l - TOOTSIE-K. REZONING , L1l31 FR0M.L-C TO R-E --ZC-202. Council' adopted the following Resolution: RESOLUTION NO. 5719 ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC-202) FROM L-C (LIM'ITED CONTROL) TO R-E (RURAL RESIDENTIAL ESTATE) ON PROPERTY GENERALLY L0CATE.D 2,000 F.EET EAST OF EL CAMINO REAL AND 4,000 FEET NORTH OF PALOMAR AIRPORT ROAD. APPLICANT: MELVIN KNOLL (TOOTSIE K ). The following Ordinance was introduced for a first reading: ORDINANCE NO. 9520 AMENDING TITLE 21 0.F THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-202) FROM L-C (LIMITED CONTROL) TO R-E !RURAL RESIDENTIAL ESTATE) ON PROPERTY GENERALLY LOCATED 2,000 FEET EAST OF EL CAMINO REAL AND 4,000 FEET NORTH OF PALOMAI AIRPORT ROAD. APPLI.CANT: .MELVIN KNOLL (TO.OTSIE K) . [I131 17. AB #5654 - Sup#3 - FINAL CALXVERA HILLS MASTER PLAN MP-l50(A). A staff r-eport was given by the Planning Director. Follow'ing clarification of inquiries from Councilmen Skotnicki and Lewis by Mike Zander 'of the P1an.ning Department and the applicant, Roy Ward, Council directed that the record . reflect that Paragraph 3 e 4), on page 3 of the Ordinance, No. 9517, was extraneous. Council made the determination that the Master Plan for Ca.lavera Hills (MP-15OA) complies with Ordinance No. 9517. 'I * [77] 18. AB #5789 - EVALUATION OF PROJECTS. DURING PLANNING MORATORIUM. 1 Council continued. this matter to the meeting of March 27, 1979. 1 * i I AREA - SCHREIBER. [25] 19. AB #5534 - SUP#^ - ANNEXATION IN PONTO Counci 1 acknowledged. LAFCO requirement of pre- annexation zon.ing, recognized that proposed 'development was incompatible with zoning re-. quired by General Plan in that area and dis- cussed problems associated with a General Plan Amendment in view of the current planning/sewer moratorium and absence. of provision of allowing non-conforming use. It was pointed out the applicant indicated intention to develop in the future in a manner permitted by the Genera.1 P1.a and he desired proposed development in the! inter Council directed staff to investigate with the applicant possibility of using the property for recreational vehicle storage. COUNC m.. Motion Ayes X x CITY OF CARLSBAD mN6 -" @ e -6- I March 20,'1979 65 I methods of establishing a' desirable time ~ limit relative to non-conforming uses in the Ponto area and report back on the matter. 20. AB #5m - sup#l -'REV.IEW OF CONDOMINIUM ORDINANCE. Following brief discussion, Council directed as recommended on Page 6 of the referenced . report to be forwarded to 'the Planning Commission f.or he-aring. i staff to prepare an'ordinance Amendment Drew Ai tken of the Planning Department gave a staff report on the matter. The City Manage-r indicated that of the 19 applications received 5 ,were determined to be ineligible. However, .2 of those 5, namely William C. .Cool and Charles F. Rowe, were subsequently determined to be eligible. telephone number of each eligible candidate figures and reduced parking. hearings on adoption. [93] 23. AB #5586 - Sup#2 - SEWER ALLOCATION/ LINCOLN-ME.RCURY AND CHRYSLER CORPORATION. PERMIT FOR THE PROPOSED. CHRYSLER-PLYMOUTH 'DEALERSHIP PURSUANT TO THE THIRD REVISION OF THE FIRST PHASE SEWER ALLOCATION SYSTEM RECESS AND EXECUTIVE SESSION: Mayor Packard announced a recess at 8:19 P.M. with an'Executive Session immediately following to discuss litigation and salary negotiations. Council reconvened at 9:20 P.M. and the Mayor announced litigation and salary negotiations had been discussed.. I 1 1 I *. CITY OF c March 20, 19,79 -" Motion Ayes Uoes ,. Motion Ayes Mot i.on Ayes Motion Ayes Noes .. 140 ti.on. Ayes Motion Ayes I .. . -. .- . .. ~ ~ ~ *. . March 20, - CITY OF I CARLSBAD UXNC -9- "5.09.120 Effective date. The taxes imposed by this Chap.ter shall be applicable with respect to building permits for con- struction activities, issued on or after April 1, 1979. Any person constructing one or more dwelling units, or other-wise engaging in construction taxable hereunder, pursuant to a building permit applied for on or after said date, or applied for before said date but not actually issued until on or after said date, shall . be liable for payment of said tax i"rrespective of whether said tax was collect,ed at the time of building permi-t application or issuance. No .occupancy permit shall be issued with respect to any completed structure or. cons tr'uction taxa-bl e hereunder, unless and until the proper tax due has be.en paid." unci1 adopted the. following Resolutions: Motion Ayes x RESOLUTION NO. 5724 REQUESTING THE BOARD OF ,SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF- . CARLSBAD, RELATING TO THE CONDUCT OF A SPECIAL MUNH:CIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 5, 1979. RESOLUTION NO. 5725 DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED PUBLIC FACILITIES FEE ORbINANCE. RESOLUTION NO. 5726 AUTHORIZING CERTAIN MEMBERS OF THE CITY COUNCIL CITY MEASURE. - RESOLUTION NO. 5727 ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF JUNE, 1979 TO BE MADE BY THE CITY CLERK OF THE CITY 'OF ~ CARLSBAD. TO.FILE A WRITTEN ARGUMENT FOR A .. b - 9 0 I CITY OF CARLSBAD eOtBNC A sta-ff report was given by Public Idorks Administrator, who referenced a letter from Jack Kubota on March 20, 1979, to the City Engineer and referencing the March 13, 1979 Memorandum from the City Engineer to the City Manager. Council recognized Don I.lorley, attorney-with the firm of McDonald, Riddle, Hect & Worley, 617 Financial Square, San Diego, CA., representing Palomar Airport Business Park. . Mr. lllorley spoke in favor of the proposed Ordinance. .He additionally suggested that Council rescind their policy prohibiting the submittal of any application for any kind of develapment without provisions for sewer or a1 terna.tive sewer system, to permit acceptance of applications for developments which meet the new proposed ordinance. City Attorney to prepare necessary documents to repeal existing Ordinance No. 5053. Council directed their Policy of February 1978 be modified in accordance with the . draft Ordinance. 25. 'A5 #5761 - Sup#l - SATELLITE ['a RECLAMATION PLAN - COVINGTOM AND PAPAGAYO. Council adopted the following Resolution: Mo t-i on Ayes RESOLUTION 'NO. 5722 APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSGAD AYD COVINGTON BROTHERS AND PAPAGAYO , DEVELOPERS FOR THE PROVISION OF FUNDS FOR SERVICES TO PROVIDE A MASTER PLAN FOR WASTE WATER RECLAMATION AND AN ENVIRONlJlENTAL IMPACT REPORT OM SA1 D PLAN. e *k?g 26. A6 if5790 - REQUEST TO ADDRESS COUNCIL - Pg. 13 TED VALLAS. Tea Vallas., 3202 Vista Way, Oceanside, CA., addressed Council referencing his letters to the City Manager, dated March 15, 1'979 and received March 8, 1979. Councilman Skotnicki questioned 'the justi,fication for designating Mr. Vallas' situation as a failing. septic system in 'that there was only the potential for failure in the current design. In response to query, the City :4anager noted sewer allocations available other than those reserved for-failed septic tanks. Council direc'ted that the appl'ication be Motion classified as a fa,iled septic system and Ayes . directed staff to provide a sewer connection Noes " . . " . . . - - . CITY OF CARLS -11- March 28',''1 979 A z Q e ~~ ~~~ C831 Dl1 t-811 I I 1 1 I I ~~ ~ ~ ~~~- ~~~~~~~ ~~ 27; AB #5747 - Sup#l - EiJGINE-ERING DEPARTMEtjT REORGAN I ZATI ON. The City Hanager gave a staff report referencin page 2 of the March 15, 1979 Memorandum to him from the Personnel Director. Mr. Bus~ey indicated that salary changes recommended therein for the positions of Civil Associate. Engineer and Civil Assistant Engineer were not included in the salary schedule Resolution. Council adopted the. following Resolutions: RESOLUTION NO. 5728 ADOPTING CHANGES . , TO THE CITY OF CARLSBRD CLASSIFICATION PLA,N. RESOLUTION NO. 5729 ADOPTING CHANGES ..TO- THE SALARY SCHEDULE FOR MISCELLAMEOUS E.MPLOYEES FOR 1.978-79 FISCAL YEAR. RESOLUTION NO. 5730 ADOPTING CHANGES TO THE EXECUTIVE COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL FOR THE 1978-79 FISCAL. Y ERR. o'. 29. A3 f5758 - Sup#l - PROPERTY.ACQUISITION FOR CITY HALL EXPANSION. The Assistant to the City :4anager gave a report on the matter. Council directed staff to begin neqotiations to acquire an area of 3.15 acres llocated east facilities. , of the library to be used for future City 30. AB #5791 - DISPOSITION OF OLD LIBRARY/' CITY HALL BUILDING. The City Nanager gave a report. Council recognized Roy Ward, 1207 Elm Avenue, Carlsbad, CA., who indicated he was' speaking on behalf of the tiishorical Society. .Mr. Ward indicated the Historical Society would move the building within ten days at no cost to the City to a "secret" place until other arrangements could be made, if a permit to do so could be facilitated. It was indicated that insurance would be provided. Council discussed 'such building should be resituated in Magee -Park, in the location original.1~ designated, rather than..to any other location. Further discussion c0ncerne.d the problems the City would inherit relati.ve to maintenance costs and liability if the Society's offer were accepted. Council directed the Historical Society be allowed to remove subject building, at their cost,. to the northwest corner of Magee Park . and that such building be locked and not used until a foundation was placed under it and subsequent Council direction. ".. . . . WNC I f ", CITY OF .CARLS5AD u3uNC " 8 e. -12- rn 31. AB f5792 - SUBDIVISION ORDINANCE 'REV-I S I ONS . their meeting of March 27, 1.979. ORDINANCE No. im, AMENDING TITL.E z ADDITION OF CHAPTER 2.52' TO AUTHORIZE OF THE CARLSB,qD MUNICIPAL CODE BY THE ACCESS TO CRIPaIINAL RECORDS INFORMATION IN CERTAIN INSTANCES RELATING TO EMPLOYMENT AND LICENSING. COMMISSIONS, AND COMMITTEES. Councilman Skotnicki: JONATHAN D. FRIESTEDT Councilwoman Cas1 er: PATRICIA HALSLEY Councilman Anear: MARY MARCUS, Incumbent E. J. JOSE, Incumbent '. Councilman Lewis: MARY MARCUS, Incumbent JEFF CHRISMAN Mayor Packard: - MARY NARCUS, Incumbent FLETCHER P. .COTHRAN Mayor Packard indicated considerat'ion and rl *- r' - Y 0 CITY OF CARLSBAD a . -13- -. I March 20, 1979 72 ~ ~-~~ ~~~~~~ ~~~~~ m ~ ~~- SENIOR CITIZENS' ASSOCIATION I Councilwoman Casler reported on the recent meeting.. I SAN DIEGO COUNTY !1IATER RECLAMATION COMMITTEE I Councilman Anear reported on the recent meeting. PARKS & RECREATION COMMITTEE Councilman Lewis reported on the recent . meeting. I ~701 C45 1 COASTAL .BICYCLE ROUTE - FINAL DES1GF.I CONSTRUCTION NO. 106-1 I Coincilman Lewis broached this subject dis- cussed earl ier on March 6, 1979, and express d condemned in, the process of acquirtng right- of-way of bike lanes. . ' 1' 1 the feeling that no corner lots should be .. The City Manager in.dicated that while that figure of 20 feet had been reduced from the .standard figure of 30 feet, he believed furth.er modifications could be made and re- quested that staff be instructe'd to prepare report addressing the possibility of reducin the- figure,from 20 feet to 15 feet to avoid condemnation. A motion was made to reduce the figure from Mot i 20 feet to 15 feet tentatively pending Ayes further study and report from staff. ?I oe s ADJOURNMENT: By proper motion, the meeting was adjourned F4ot i to March 27, 1979, at 7:OO P.M., in the. Aye s City Council Chambers. Respecfully submitted, 4 @ ALETHA L. /#z RAUTENKRANZ, CITY LERK Anita Dack Murphy, Recording Secretary * 26. AB #5790:. Councilman Skotnicki requeste the Minutes to be corrected to' re,flect that "Councilma'n Sk0tnick.i questioned the j.ustif for des4qnatina Mr. Vallas' situation as a septic system when in fact no system had ev . i ns.ta11 ed. ( I I I' cation 'ailing ir been ~ ** CPO (Additional City Council Business': Councilman Skotnicki requested the Minutes ;o be corrected to reflect that "Councilman Skotn ck reported .the completion of the Regional Historical Preservation Study for the Carlsbad area." WNC *I