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HomeMy WebLinkAbout1979-06-19; City Council; Minutesf CITY OF Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: .6:00 P.M. Date of Meeting: June 19, 1979 Place of Meeting: Council Chambers CALL TO ORDER was made by Mayor Packard at 6:Ol P.M. ROLL CALL was taken by the Deputy City Clerk INVOCATION was given by Mr. Don Brown, Executive Vice President of the Chamber of Commerce. PLEDGE OF ALLEGIANCE was led by Councilwoman APPROVAL OF MINUTES: (Approved by one Minutes of the Adjourned Regular Meeting held May 29, 1979, were approved as pre- sented. Minutes of the .Regular Meeting Held June 5, 1979, were approved as presented. Minutes of the Adjourned Regular Meeting held June 12, 1979, were approved as pre- s en t.ed . Motion) CONSENT CALENDAR: Councilman Lewis requested that Item No. 15 be removed from the Consent Calendar. Councilman Skotnicki requested that Items Nos. 6, 14, 17 & 18 be removed from the . Consent Calendar. The following Items, with the exception- of Items Nos. 6, 14, 15, 17 & 18, were approvec by one motion affirming the action of the Consent Calendar: 1. WAIVER OF ORDINANCE AND RESOLUTION TEXT READING. Council waived the reading of the text of all Ordinances and Resolutio! before Council at this meeting. (50) 2. AB #5878 - PAYMENT OF BILLS. Council authorized the payment of bills for the General Expenses of the City and for th Water Department in th.e amount of $226,858.45 (50) 3. AB #5879 - RATIFICATION OF PAYROLL. Council ratified the payment of the payroll in the amount of $360,131.94, for the per- iod May 14, 1979 through June 10, 1979. 0 (50) 4. AB #5880 - REFUND OF OVERPAYMENTS. Council authorized payment of the requested refunds of overpayments of charges made by the City pursuant to the specific requests on file'in the City Clel-k's Office. (45) 5. AB #5399 - Supplement #5 - APPROVAL (70) OF SPECIFICATIONS FOR PICNIC TABLES, BENCHE AND BARBEQUE STANDS. Council adopted Reso- lution No. 5804, approving specifications and authorizing Purchasing Agent to invite bids. 1' I ~ Present Motion Ayes Ayes Ayes Abstain Motion Ayes .. 1 9 CITY OF rnN( Bl -2- E 148 \ (45 1 7. AB #5840 - Supplement #1 - LEASE (92) AND INSTALLATION OF MECHANICAL DENATERING EQUIPMENT. Council ado.pted Resolution No. 5805, accepting bids and authorizing the execution of c,ontract with Ralph B. Carter Company. 8 (6 3) 8. AB #5571 - Supplement #3 - CALIFORNIA LIBRARY SERVICES ACT MONEY. Council approve the expenditure of $3,752.00 from C.L.S.A. Fund for replacement books for the children' collection. (99) 9. RA A ac - - di c1 le to AB #2094 - Supplement #7 - CT NCHO LA CUESTA UNITS 1, 2, 3, 4 - CCEPTANCE OF PUBLIC IMPROVEMENTS. cepted the improvements as complete rected staff to commence maintenanc erk to record Notice of Completion, ase appropriate bonds, and trust ac be closed out. 72-34 Counci 1 d, e, City re- count (45) 10. AB.#5881 - LIBRARY PARKING LOT EXTENSION - CONTRACT NO. 1068. Council adopted Resolution No. 5806, approving plans and specifications and authorizing the City Clerk to invite bids. ~ (99) (81) (45) 11. AB #5868 - Supplement #1 - CT 79-5/ CP-4 - TENTATIVE SUBDIVISION'MAP AND CONDO- MINIUM PERMIT. APPLICANT: DUFFY. Council adopted Resolution No. 5808, approving with conditions the Tentative Map and Condominium Permit for a 24 unit condo project on 1.13 acres generally located on the north side of La Costa Avenue between El Camino Real and Viejo Castillo Way. 12. AB #5882 - QUITCLAIM OF PUBLIC UTILITY EASEMENTS DEDICATED ON FINAL MAP OF LAS FLORES PLACE. Council authorized the Mayor to execute a quitclaim deed for all 8-foot and 12-foot public utility e.ase- ments shown on map for Las Flores Place. 13. AB #5779 - Supplement #4 - ELECTION EXPENSES. Council adopted Resolution No. 5808, authorizins the transfer of funds for the Special Municipal Election, held June 5, 1979. 0 (34) 16. AB #5885 - CHAMBER OF COMMERCE FOURTH QUXRTER REPORT FOR FISCAL YEAR 1978- 1979. Council approved the Carlsbad Chamber of Commerce Fourth Quarter Report for Fiscal Year 1978-79, and authorized payment. (45) 18A. AB #5888 -. PURCHASE OF PATROL (78) VEHICLES. Council adop-ted Resolution NO. 5813, .+uthorizing the transfer 0.f funds for purchase of police vehicles. CITY OF' CA -4- 150 t 8 e I The staff report was presented by the Rede- velopment Coordinator. He gave a bri.ef his- tory of the matter, referenced his memoran- dum of June 19, 1979 re relocation assistanc Mr. Moreno's letter to Council, and the contents of his .response to Mr. Moreno's letter and the circumstances re the reloca- tion and rent indebtedness substantiating the staff recommendation. Council inquired as to the method used to compute the amount to be received by the tenant and commented in regard to the in- equity between the two methods of payment available to relocated businesses. It was suggested that an effort be made to ch.ange the regulations go.verning this.payment, either through the California or National League of Cities. Councilman Skotnicki expressed concern that no finance charge has been added to the amount owed.for the.back rent and in- quired as to the nature of the agreement itself. Following discussion, Council directed staff to pay the Moreno claim in two in- stallments, $5,000.00 immediately, and $5,000.00 when the back rent indebtedness has been paid. Council adopted the following Resolution: RESOLUTION NO. 5810, AUTHORIZING THE TRANSFE OF FUNDS IN CONNECTION WITH THE RELOCATION 1 OF VICTOR MORENO FROM CITY .OWNED PROPERTY AT 3045 HARDING STREET. Council directed staff to pay the McChesney claim from Fourth Year HCD Block Grant Funds 1 (83) In response to Council questions, staff in- dicated that a report would be prepared on the matter of the history and formulation of the rental agreement with Mr. Moreno fo.r the use of the property at 3045 Harding St. 1.7 . AB #5887 .- NEW ENGINEERING FEES. Councilman Skotnicki indicated that he had requested that this item be removed from the Consent Calendar to bring up the matter of equity in regard to the fees for Quitclai Easements and Appeals to Council. Staff pointed out that staff time was in- volved in determining if easements.were no longer required by the City as well as re- search and reports invo1ve.d i.n processing appeals. Staff suggested that fee require- ments could be eva1uat.ed on a case-by-case basis, if Council so desired. I Mo t'i on Ayes .< Motion Ayes Motion Ayes ! I I CITY OF -5- c I@ (60) Following discussion re the purpose of the fees, Council accepted the staff recommen- dation and approved the recommendations for the new Engineering Fees per the submitted. report. 18. AB #5888 - RENEWAL OF CITY INSURANCE Councilman Skotnicki indicated that he had requested that this item be removed from the Consent Calendar to inquire if he was correct in his understanding that the City's liability insurance limitation is $2,OOO,OOO.C and that in case of a yerdi.ct for more than that amount, the City wo-uld have to pay the remainder. Staff indicated this to be correct. By minute motion, Council approved the 'renewal of the City's insurance as outlined. ORDINANCES FOR ADOPTION: (99) 19. AB #5870'- EXTENSION OF TIME FOR TENTATIVE PARCEL MAPS. Council adopted the following Ordinance: ORDINANCE NO. 9525, AMENDING TITLE 20, CHAPTER 20.24, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 20.24.060 TO EXTEND THE EXPIRATION DATE OF TENTATIVE IUM. PUBLIC HEARINGS: PARCEL MAPS DURING A SEWER OR WATER MORATOR- (108) 20. AB #5869 - APPEAL OF VARIANCE. 290 - APPELLANT: ZIPSER. The staff report was presented by Dave Abran of the Planning Department. He gave a brief history of the matter and, with the aid of transparancies, described the location of subject property and outlined the appellant' request and reasons why staff recommended denial. The Mayor opened the public hearing at 7:06 P.M., and inquired if any one wished to .. speak on the matter. Lucille Stein, 2469 Ocean Street-, spoke in opposition to the appellant's request: She referenced the already existing parking problem and the inco.mpatibility of the de- sign of this project with that of surround- ing structures. Fred Helpert,. 2490 Ocean Street, addressed Council in opposition to.the appellant's request and concurred with Mrs.. Stein's comments. I 1, Motion Ayes Motion Ayes ..>.. 5 1 S ~ ~ ~ CITY CXwNI -6- . 152 \ Since no one else wished to speak, the Mayor closed the public hearing at 7:11 P.M. c .. 0 0 Council accepted the staff recommendation and directed the City Attorney to prepare the necessary'documents denying the appeal of Variance 290. (99) 21. AB #5886 - CONVERSION OF APARTMENTS TO CONDOMINIUMS - CT 79-3/CP 79-3 -. VON ELTEN, The staff.report was presented by Dave Abram of the Planning Department. With the aid of transparancies and wall maps., he des- cribed the location of the project, ga.ve a brief history and outlined the reasons staff recommended denial of the applications. Mayor Packard opened the public h-earing at 7:19 P.M., and inquired if any one wished to speak on the matter. Jim Hicks,-2530 La .Gran Via, representing the applicant, addressed Council enumerating changes and improvements which justified conversion, adding that if approved, they would be able to offer the condominiums in a price range from the low forties ($40,000.00 to high sixties ($60,000.00). Peter Von Elten, the applicant and General Counsel for the builder, addressed Council expressing problems in complying with the subjective criteria .in the Condominium Con- version Ordinance and indicated that the project had initially been designed as a condominium rather than as an apartment project. Frank Mola, Mola Development Corporation, the builder, addressed Council. He concurre d with the remarks of Mr. Hicks and Mr. Von Elten. Mr. Harold' Clark, 824 Caminito del Reposo, addressed Council in opposition to the applications. He expressed the feeling that the conversion would not serve the interest of low-cost housing in the City in that the prices of the condos would be more than the applicant had indicated. Since no one else wished to speak on the matter, the Mayor closed the public hearing at 7:48 P.M. Following brief discussion, Council concurred with staff and directed'the City Attorney to prepare the necessary documents denying the applications as per Planning Commiss'ion Resolution No. 1523, and the.findings of the supplemental staff report, dated June 7, 1979. I I i Motion Ayes .,. , .-. Motion Ayes 1 .. CITY OF CARLSBAD' .. COUNC -8- f CITY OF CARLSBAD' CnJN -9- J _1 8 e un le 19, 1979 .. PUBLIC HEARINGS: Mayor Packard announced that Item No. 23 would be he.ard at'this time. (113) 23. AB #5803 - Supplement#&- ZONE CHANGE AND PRECISE DEVELOPMENT PLAN FOR 1.2 MGD WASTEWATER TREATMENT PLANT. - ZC-203 and .. PDP-2 - LAKE CALAVERA HILLS ASSOCIATES.. .. 1 Kr; 1 F LJJ 1 - 8 31 .. 0 ' CITY OF CARLSBAD' . -12- Planning (92) 24. AB #5845. - Supplement #1 - PDP-1 - ENCINA EXPANSION & UPGRADING TO SECONDARY TREATMENT. The City Attorney indica'ted that he had pre- pared documents approving PDP-1 per Council direction at their June 5, 1979 meeting. . CoQlNc f .. Motion Ayes .. . CITY OF CARLSBAD' -1 3- .. J une. 19, 1979 .. Councilman Skotnicki referenced Conditions #8, #9 and #17 of Resolution No. 5812, and indicated that th-ese.did not contain the modifications he had requested a.t the last meeting. Staff responded that the wording had been checked and is general enough to allow the flexibility to make technical modifications. Council adopted the following Resolution wit a change at line 10, to read as follows: "Fire hydrant shall be installed at the lo- cation-and with flow-rate approved by the Fire Chief or his representative": RESOLUTION NO. 5812, APPROVING WITH COND-IT10 PDP-1 FOR THE EXPANSION OF' THE ENCINA WATER POLLUTION CONTROL FACILITY (FROM 13.75 TO 18 MGD) AND UPGRADING TO SECONDARY TREATMENT IN ORDER TO COMPLY WITH -FEDE-RAI- AND STATE, BETWEEN POINTSETTIA LANE AND PALOMAR AIRPORT ROAD. APPLICANT: LES EVANS, ENCINA JOINT POWERS ON PROPERTY GENERALLY LOCATED WEST OF 1-5, Pub1 ic Works (93) .:: 26. AB #5891 - APPEAL. OF ENGINEER'S DETERMINATION. The staff report was given by the City Engineer, who then responded to questions from Counci 1. Council recognized Mrs. Frances Yarbrough, the appellant, who emphasized her "uniquer' situation. Council discussed the fact that they had disapproved similar appeals previously, and the fact that the appellant did not have the necessary, number of EDU's for the pro- posed use. Council accepted the staff recommendation and denied the appeal of Frances Yarbrough to reconsider the EDU determination for 3112 Lincoln Street. City Manager (77) 28. AB #5877 - Supplement #.1 - FEES FOR MAILING ENVIRONMENTAL NOTICES AND AGENDA MAILING. The City Manager gave a brief report refer- encing an additional memorandum, dated June 19, 1979, c~ntaining revisions in the information re the costs of processing environmental notices and agendas. COQtN F .. CITY .: OF CARLSBAD 1. caw -1 5- .' ?