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Home My WebLink About1979-05-01; City Council; Minutes.. T r CITY OF CARS CN4 Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO P.Y. Date of bleeting: May 1 , 1979 Place of Meeting: Council Chambers 99 F - 1 t e CALL TO ORDER was made at 6:03 P.M. by Mayor Packard. ROLL CALL was taken by the City Clerk. - INVOCATION was given by Mayor Packard. PLEDGE OF'ALLEGIANCE was led by Councilman Anear. APPROVAL OF YINUTES (Approved by one .Motion) Minutes of the Regular Meeting, held April 17, 1979, were approved as corrected. Minutes of the Special Meeting and Study Session, held April 24, 1979, were approved as presented. CONSENT CALENDAR: ' - Councilwoman Casler requested that Item #7 be removed from the Consent Calendar. Councilman Skotnicki requested that Items #lZ and #15 be removed from the Consent Calendar, and Mayor Packard requested that Item 1/19 be removed from the Consent Calendar. The City Manager indicated that Item #13 had been removed from the Agenda and filed. The following Items, with the exception of Items #7, #12, #13, 1/15 and $119 were approved by one motion affirming the action of the Consent Calendar : 1. WAIVER OF' ORDINANCE' AND RESOLUTION TEXT RmING. Council waived the reading of the text of all Ordinances and Resolu- tFons before Council at this meeting. ~ ~ -~ ~501 2. AB #5827 - PAYMENT OF BILLS. Council authorized payment of bills for the General Expenses of the City and €or the Vater Depart- ment in the amount of' $1,490.363.37. 3. AB #5S25 - RATIFICATION OF PAYROLL. E501' Council ratified payment of the payroll in the amount of $186,963.53, for the period April 2, 1979 through April 15, 1979. 4. AB' #5829 - REFUNDS OF OVERPAYMENTS. [501 Council authorized payment of requested re- funds o€ overpayments of charges made by the City per specific requests on file.with the City Clerk, E341 I 5. AB. $15709 - SupFlement #l - CARLSBAD CHAMBER-OF' COMIERCE', THIRD QUAXTER 'REPORT , F'ISCAL YEAR 19'78-1979. Council accepted the Third nuarter Report of the Chamber .of Commerce and authorized payment of $S , 500 .OO. I Mot ion Ayes Abstain Ayes .- . "." Motion -Ayes CITY OF CARLSBAD -2- Mav 1. 1979 _r , ~" I J s @ I c501 6. AB #5830 -' FIRE 'STATION NO. 2 - PAYMENT OF. TAXES. Council adopted P-esolution No. 5754 authorizing the transfer of funds for . payment of taxes on fire station number two. - c921 8. A3 {I5554 - 'Supplement' $2 - CLEANING OF DIGESTION. TATAS '1' an'd '3' AT EXCINA WATER I C451 ' POLLUTION CONTROL FACILITY '-' 'CONTMCT NO.' 10554 Council accepted the work and.directed the City Clerk to record the Notice of Completion and release bonds 35 days after recordation. E831 9. AB $5785 - Supp.1emen.t $11' - RECOATING OF C451 OF 'SKYLINE' RESERVOIR .-' C'ONTRACT NO.' 1063. Council adopted Resolution No. 5756 accepting bids and authorizing.the execution of Contract No. 1063 for the recoating of Skyline Reservoi:. such contract being awarded to Valley Sand- blasting & Coating of Hemet. AB'".jF5.0.3.7. ;,; .s. .. . . . : . . . . . [lo61 ', lo* .- - upplement #2' -' UTILITIES C451 RELO'CATTQN - ELIY AVENUE STOW DRAIN. Council adopted Resolution No. 5757 approving and authorizing the execution of the First Amend-) ., ment to Utilities Relocation Agreement No. 2'3765 to cover a cost overrun in performing services for the State Department of Trans- portation. c971 11. AB 7158.32 - 19'78.1'79 STREET RESURFACING PROGRAM"- 'CONTRACT NO. 1065. Council adopted [451 - Resolution No. 5758 approving plans and specifications and authorizing the City Clerk to invite bids for the 1978-79 street re- surfacing program - Contract No. 1065. [84] . I.4. AB' 1F5'8'3.3' '-. PURCHASE 'OF' A PATCH TRUCK. Council adopted Resolution No. 5760 accepting a bid and authorizing a contract for the pur- chase of a patch truck, such truck being purchased from Dixon Ford. ,' C84-9 16. I Diego Educational Facilities, Inc. and AB ik57.37' .- 'Supplemerit $/2 - PURCHASE OF MODULAR-BUILDING. Council adopted Resolution No. 5762 rescinding a contract awarded to San accepting a bid and authorizing a contract for the purchase of modular unit, such unit to be purchased from Bert's Office Trailers. ~ c501 17. . AB $15834 - REFUND RECONNECT SERVICE CHARGE' r RICHARD L.' SHLEPPIER. Council refused the request €or refund. - I I 1 I .. 18. AB $15758 - Supplement $12 - APPROVAL ce&9 OF 'SPECIF'ICATIONS. FOR MODUL,AR OFFICE COMPLEX. Council adopted Resolution No. 5764 approving specifications and authorizing purchasing agent to invite bids for modular office coinplex. .. .. CBUNt t (I 100 F - .. 9 - -1 .. I i i I i I I .. I I .. CITY OF CAWLSBAD -3- May 1, 1979. I ITEMS REMOVED FROM THE CONSENT CALENDAR: AB $15831 - DISPOSITION OF OBSOLETE 8 PROPERTY. Councilwoman Casler indicated she had reques te this item removed from the Consent Calendar in order to inquire into the possibilities of using the portable traffie signal at the corner of El Camino Real and Tamarack Avenue through the duration of the current school The City Engineer indicated he would not recommend such use since the City's insurance carrier had indicated that it would not be an imured use. Additionally, in response to Councilman Anear' query regarding the 1967 Dodge Van, the Purchasing Agent indicated that the extent of deterioration of the vehicle, the difficult in locating repair parts and costs of repair having equalled approximately one-half the cost of a new vehicle warranted the requested disposition. Council adopted the following Resolution: -RESOLUTION NO. 5'7'55 declaring certain items of equipment as obsolete and authorizing the disposal of such items. 12. AVEWE . ' EL CAMINC)' .REAT, 'A'NT) P As. '$/5416' . . s' . . 1. . . . . . . - upp ement $14 '-' RESTORATION E' 7 I OF' STOW DAMAGED. 'STREETS' '-' PO'RTIONS OF' TANARAC [ 4 5 1 ' ~~ ~ _~_~ ____ _____ ___._ -"ALISADES' DRIVE - CONTWC'T NO . ' IO6 6 . Councilman Skotnicki indicated he had reques te this item removed from the Consent Calendar in order to express his concern that it had be- come necessary for the City to assume this financial responsibility. Councilman Skotnick inquired -of staff if more careful foresight would have avoided the problem and, if so, were there any solutions to the problem which would enable the City to avoid the cost of repeating remedial work in subsequent years. The City Engineer responded that the hillside terrain of Carlsbad precluded any failsafe engineering design which would ?revent storm damage in all areas. Council adopted the following Resolution: e RESOLUTION NO. 5759 approving plans and specifications and authorizing the City Clerk to invite bids for restoration of storm damaged streets -- portions of Tamarack Avenue, El Camino Real and Palisades Drive. Contract No. 1066. . .. couN( ! Mo tipn Aye6 ~ ~ i i ~ Motion Ayes CITY OB . CAWLSBAD -4- May 1, 1979 I C991 13. A3 83253 - Supplement #6 - ACCEPTANCE - OF COMPZETED PUBLIC 'IMPROVE€ENTS ON- CARLSBAD TRACT 74-14(A), T'MPLIN HEIGHTS, UNIT 1. The City Manager. indicated this item had been removed from the Agenda and filed. 15. AB #5562 - Supplement #1 - PROPOSED - CONSULTANTS. 8 I;:] 'CONTRACT. - FOR EMPLOYEE' RELATIONS -. PERSONNEL 0 Councilman Skotnicki indicated he had re- quested this item removed from the Consent- Calendar in order that the record would reflec the significant. features of the contract and the cost to the City.. _. In response, the City Manager indicated that a recent change in the consultants' fee structure iresulted in most meet-and-confer services being provided under a monthly retainer fee of $150.00. Consulting ser..;Jices required to supplement the expertise of staff would be rendered at the rate of $60 .OO per hour. Routine questions would be answered without. additional charges beyond the monthly retainer, as well as advice of current state legislation relating to employer/employee relations. It was anticipated that the City would not require. as many supplemental services as compared to the prior year which would result in an overall savings .with- standing the monthly retainer. Council adopted the following Resolution: RESOLUTION NO. 5761 authorizing thb. Mayor to execute a contract with William Hamilton and Associates for the purpose of serving as labor relation consultants. 1481 19. AB 7"5779 - Supplement #2 - SPECIAL MUNICIPa ELECTION, ESTABLISHING POLLING PLACES AND APPOINTING ELECTION OFFICERS FOR. Mayor Packard indicated he had requested this item removed from the Consent Calendar in order that Councilman Anear might report on his work on the matter. Councilman Anear briefed Council on the various meetings he has had with civic leaders and organizations regarding public input in the matter. Council appointed Councilman Anear as the official coordinator of the citizenry in an effort to publicize the purpose of the special election. mas; Yil lo? \ .r. *. : :: Mot ion Ayes Motion Ayes CITY OF - CARLSBAD couN( -6- May 1, 1979 -_I. (I, .. * At 6:45 P.M., Mayor Packard closed the 'public hearing since no one else wished to speak. Following brief discussion, Council determine( that the plan did not meet design criteria as required by Section 2147.110 of the Carlsbad Municipal Code and directed the City Attorney to prepare the necessary documents denying CT 79-2/CP-2 as per Planning Commission Resolution No. 1509. . 22. AB' $15821 .'- Supplement #1 - SUBDIVISION [ 9 9 ' ' . "IA'p. . - . .cT .7' .- ' ' PALOMAR AIRFORT BUS'ITJE'SS -PARK, iPPLICANT : g, LToH ., A staff report was presented by the Assistant to the Planning Director, who referenced maps showing the location and plans of the project At 7: 00 P .If.., Mayor Packard announced the matter open for public hearing and extended the invitation to speak. Bernie Gilmore, 6231 Yarrow Drive, Suite "C", Carlsbad, .CA. spoke to Council in favor of the project on behalf of Palomar Airport Business Park and answered questions in explal ation of the particdar problems encountered with same. Henry Worley, 13029 Long Boat, Del Mar, CA., consulting engineer for the project, addressed.Counci1 regarding grading and other facts involved in providing an alternat< to El Camino Real as the access. At 7: 26 P.M., Mayor Packard closed the public hearing since no one else wished to speak. Council discussion reflected their concerns with regard to controlling and limiting access to El Camino Real, traffic s,ignals, and the proximity from the access to the nearest turn around. It was pointed out that originally two accesses were planned. Howeve] the current proposal would limit ingress and egress to El Camino Real to one access. Council directed the City Attorney to prepare the necessary documents approving CT 79-1 per Planning Commission Resolution No. 1507. [lo51 HOUSING AUTHORITY: Council adjourned to the Housing Authority at 7:45 P.M., and reconvened at 7:47 P.M., with all members present. . 2 i c ~ ~ Motion Ayes Noes '1 CITY OF CARLSBAD . - 7- May 1, 1979 ~ - "~.~ ~ DEPARTMENTAL AND 'CITY MAXAGER REPORTS: - Planning : t [114] 23. AB jj5'8'1.8' .'- Suppl'ement #l' - ZCA-106 y - AQUALCULTURJZ AS' A PEKPIITTED USE BY CUP. Council introduced the following Ordinance: ORD'IWNCE' NO: 9522 amending Title 21, Chapter 21.42 of the Carlsbad Municipal. Code by the amendment of Section 21.42.010 to allow "Aquacultur as a permitted use in all zones with a Conditional Use Permit. (ZCA-106) [114] 24. AB $5'819 -' Supplem'ent. #l - ZCA-107 y COMMUNITY 'IDENTITY 'S'IGXS . Council introduced the following Ordinance, with .Councilman Anear indicating he had listened to the tape recordings of missed meetings and would participate in the vote: ORDINANCE' NO". 9'523 amending Title 21, Chapter 21.41 of the Carlsbad Nunicipal Code by the amendment of Section -21.41.075 (a) to allow additional community identifying and freestanding signs in certam planned industrial or office parks (ZCA-107). [114] 25. AB jyj.82.0. . . .s. . . . . . . . . . . - upplement #l '- ZCA-108, CONDOMINIUM STO'CK %OOPERATIVES . I Council introduced the following Ordinance: ORDINANCE' NO.' 9'524 amending Title 21y Chapter 21.47 of the Carlsbad Municipal Code by the amendment of Section 21.47.020 to.apply condominium and condominium conversion standards to stock cooperatives. I [281 26. AB lj5.774 - Suppl'ement #l -' GEmPAL PLA HOUSING' ELEMENT CITIZENS ' ' 'CO?!IMITTEE . .I A staff report was pr.esented by the City . Manager. Council appointed Jeanette Smale to the Gen-! era1 Plan Housing Element Advisory Committee. Council appointed Robert Plullins to the General Plan Housing Element Advisory Committee. Council appointed Julie Marina Bagley to the General Plan Housing Element Advisory Committee. couN( ,I 105 I ., .I Motion i Ayes i I I ~ I I i 1 1 t I I Motion Ayes I I ._-. .- ~ Motion Ayes Motion Ayes Motion Ayes Abstain Xotion Ayes CITY OF CARLSBAD COUM " -9- q k May 1, 1979 107 1 -4 . I I [861 27. AB #5836 - REQUEST FOR ZONE CODE APIENDPIERT TO ALLOW R. V. STORAGE IN RESIDEN- TIAL AREA. APPLICANT: JOE SANDY. A staff report w.as presented by the Planning Director. Joe Sandy, 2921 Roosevelt Street, Carlsbad, California, representing W. F. Strong Company in this request, stressed the need for R. V. storage and parking and the -desirability of same in the subject area. 8 1 I. 1 .' t Council discus'sion reflected their recogni- tion of the need for recreational storage facilities, but revealed their concerns that the most desirable use for the subj.ect area be selected in view of its immediate proximity to an historic and scenic corridor. Counc%l denied the request of Joe Sandy for a zone code amendment for the siting of a mini warehouse and recreational vehicle storage in a residential zone.. Council instructed staff to prepare an Ordinance amendment for submission to the Planning Commission for consideration in allowing RV storage in residential zones under the Conditional Use Permit process. C931 28. . AB {I5804 - PALOMAR AIR SERVICE/APPEAL - OF MORATORIUM APPLICABILITY. I The City Manager gave a brief history of the matter. Lee DuBow, 2056 Palomar Airport Road, related the history of the project indicating that the application had originally been made to the County prior to the airport's annexation to the City of Carlsbad and was essentially completed at the time of annexation. Arnold Rashkin, 3068 Via Loma, Fallbrook, CA., representing Palomar Air Service spoke in favor of the proposal and pointed out that a building permit for this project would. not require any sewer capacity to be granted. Following a brief discussion, a motion was made to grant the applicant's request. The motion failed for a lack of majority. I ~ 1 I i I I A motion was the made to consider the request on the basis of an exception to the sewer mora-. torim- based on previous c.ircumstances . The motion died for lack of any second. Motion Ayes Noes Motion Ayes .-.. . .r. Motion Ayes Noes Motion CITY OF . CARLSBA5 -10- May 1, 1979 4 rq71 29. AB $15803 - Sumlement $1 - T.AKF. 1 L"J CALAVERA H.ILLS WASTE WATER TR~ATMENT PLANT ~ I L ~ -~~----- ""_ POLICY ----" - 1SSUbS. 8 I A staff report and background was presented by the Planning Director. Council recognized Mr. Henry Schipke, 3225 Donna Drive, Carlsbad, CA. . Mr. Schipke indicated he was conversant with the subject matter by reason of his profession as an engineering conswltant . Mr. Schipke spoke in favor of a plan for waste water treatment facilities. I Council acknowledged that they had determined that a treatment facility was desirable. . Councilman Skotnicki indicated it was .his- feeling that the matter .reqbired (1) a determination of numerous pol.icy issues; and (2) handling the adverse impacts. Following discussion, Council concurred they were discussing only this particular plant at this time. Council discussed and concluded that the aspect of water reclamation was an integral element in the concept of waste water treatment facilities. Council accepted as policy a satellite plant in the northeast drainage basin of the City, coupled with water reclamation facilities. I I I 1 A motion was made to continue the matter to the Adjourned Regular Meeting, to be held May 8, 1979 at 7:OO P.M. Councilman Skotnicki and Mayor Packard agreed to meet in advance to formulate procedures to follow in dis- cussions at that time. City Manager; ~ [I031 30. AB $15825 - TRAFFIC SAFETY COMI'IISSION I 5753. ~ APPOINTMENT - RESOLUTIONS NO. 5751, 5752 and @ Mayor Packard announced his intention to reappoint Robert B. Nelson, currently serving a term on the Carlsbad Traffic Safety Commission which expires in July, 1979, to a subsequent term. Mayor Packard announced his intention to appoint John Lusignan as the replacement for the unexpired position created by the resignation of William Harkins. I : 4 COUNt . .-. - Motion Ayes ~ 140 t ion Ayes ~ <, CITY OF CARLSBAD -11- May 1, 1979 1 CBLtNI 109 F Motion Ayes Motion Noes Ayes ~. . ' .-. t I ! CITY OF CARLS5AD -. 2 WN< -12”. v