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Home My WebLink About1979-10-02; City Council; MinutesC CITY OF CARLS COUMC c Meeting of: CITY COUNCIL (Regular. Meeting) Time of Meeting : 6:OO P.M. p Date of Meeting:. October 2, 1979 Place of’ Meeting: . Council Chambers i. 264 1 .. . * CALL T0,ORDER was made by Mayor Packard at 6:OO.P.M. ROLL CALL was taken by the City Clerk: INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was led by Councilman Lewis. APPROVAL OF MINUTES: (Approved by one Motion) M,inutes of the Regular Meeting, held- September 18, 1979, were approved as presented. Minutes of the Adjourned Regular Meeting, held September 20, 1979, were approved as presented. Minutes of the Adjourned Regular Meeting, held September 21, 1979, were approved as presented. PRESENTATION: Mayor Packard read and presented a Resolution of Appreciation to THELMA SOWELL OSBURN, who recently retired as Finance Director, in recognition of her service to the City from 1961 to 1979. CONSENT CALENDAR: Councilman Anear requested that Item 13C be removed from the Consent Calendar. The following- Items, with the exception of 13C, were approved by one motion affirming the action of the Consent Calendar: ,l. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances and Resolutions before Council at this meeting. (50) 2. AB $16003 - PAYMENT OF BILLS. Council authorized payment of bills for the general expenses of the -City and for the Water Department in the amount of $739,011.19. , (50) .3. AB $16004 - RATIFICATION OF PAYROLL. Council ratified payment of the payroll in the amount of $256,160.45 for the period September 3, 1979 through September 16, 1979. (45) 4. AB $15111 - Supplement #7 - LA COSTA CANYON (70) PARK - CONTRACT NO. 1045. Council approved Change Orders No. 1 and 2, and adopted Resolution No. 5940 authorizing transfer of funds for construction of La Costa Canyon Park. 1 \ Present Absent Mot ion Ayes Abstain Ayes Ayes ..I * ..., ~ Motion 1 Ayes I ~ ~ CITY IS October 2. 1979 OF CARLSBAD -2- :!265 COUNt Y CITY I) October 2, 1979 OF CARLSBAD -3- 1 (-45 1 13. (97) IMPROVEMENTS' '-' 'CONTRACT NO .' '10'73. AB $/3.481 . . s' . . . . . . . . - upplement" #23; - MARRON ROAD Council adopted Resolution No. 5949, approving plans and specifications and authorizing the City Clerk to invite bids for the.Marron Road Improvements - Contract No. 1073. (74) 13A. -AB #5927 - 'Supplement' #l - AMENDMENT TO CARZS'BAD F'IREFTG'HTERS''' MEMO€UNDW OF UNDERSTAND'ING . Council adopted Resolution No. ,5952, amending the Memorandum of .Understanding between the City and the Carlsbad Firefighters' Association, Inc., by the addition of Article 6A, working out of classification and changes to Article 7. (74) 13B. AB jk6013 - MENORANDW OF' UNDERSTANDING WITH CARLSBAD' POLICE OFFICERS"' AS'S'OC'IATION . . Council adopted Resolution No. 5953,.adopting a Memorandum ,of Understanding between repre- sentatives of management and the Carlsbad Police Officers' Association, and Resolution No. 5954, adopting the salary plan for employees represented by the Carlsbad Police Officers' Association for a portion of fiscal year 1979- 1980. (45) 13D. AB $!6022 - MANAGENENT CONSULTANT AGREE- (38) MENT FOR PERSONAL 'SERVICE'S' '-. J'. WAYm DERIETZ. Council approved the agreement and authorized Mayor to execute same on behalf of the City. ITEMS REMOVED' FROM %ONSENT 'CALENDAR : (74) 13C. AB' #60'14 - 'CLASSIFICATION AND 'SALARY SCHEDULE' CHANGE'S' FOR FIRE 'EMPLOYEES. Councilman Anear indicated he had requested this item .removed from the Consent Calendar in that additional clarification and approval by the Firefighters' representative were necessary. Council directed this matter continued to the Regular Meeting of October 16, 1979. INTRODUCTTON : Mayor Packard introduced J. Wayne Dernetz, Interim City Nanager, and announced he was replacing resigning City Manager, Paul D. Bussey, until a permanent appointment to City Manager is made. ~ ~ ORDINANCES' FOR ADOPTION : :( 77)' 14. AB #59'79 - NOTICE AND HEARING REQUIREMENTS ~ (99) FOR SUBD'IVIS'ION AND' ENVIRO?XEMTJXAL REVIEW. 1 '. Council adopted the following Ordinance, with May.or Packard indicating he would participate in voting on those matters with which he was familiar with pertinent staff reports and material and cognizant of earlier discussions; COUN( >\ v 266 \ I ' -e. .. Mot ion Ayes .. /I CITY OF -5- October 2, 1979 -Zw= 8. .. .. -0 It was noted that the City Clerk had received no written comments with regard to'the matter. I Mayor Packard opened the public hearing at 6:22 P .rd. I Council recognized Richard Osburn, 2855 Wilson Street, Carlsbad, CAY who indicated ,he was the ' City Building Director. Xr. Osburn expressed the opinion that the functions of his position and those of the building inspectors did not .involve any discretionary acts and therefore persons in such capacities should not be require to file disclosure statements. The City Manager indicated that the duties of the Building Director,included exercise of -independent judgment. , . The City Attorney indicated that decisions made by buildi'ng inspectors could have an effect on enforcement. of City regulations. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:30 P.M. During Council discussion, reference was made to opposition to the Act on the part of individuals currently engaged in public service. It was noted thatadop-tionof the Code could affect acceptance of Council appointments to certain positions, Bo.ards and Commissions. The City Attdrney cbncurred, in that the constitutionalit of the matter'was presently being challenged: in the. Court; however until such time as the dispute was resolved,, Council should recognize and follow .the requirements. Council approved the proposed Code 'as submitted and directed it be returned to the Agencies for implementation. I (1 05) HOUSING. AUTHORITY : Council adjourned 'to .the. Housing Authority at 6:36 P.M. and reconvened at 6:37 P.,PFi., with four members present. DEPARTMENTAL AND CITY $!TANAGER REPORTS: (113) 20. A~ PLAN 79-3 APPELLANT: COUNCILMAN SKOTNICKI. I I Council adopted 'the following Resolution: ' ' I RESOLUTION NO. 595.0 GPANTING- AN APPEAL OF A PLANNING COMNISSION DECISION APPROVING PHASE I OF A SITE DEVELOPMENT PLAN (SDP7.9-3) FOR A 3600 SQUARE FOOT MEDICAL- DENTAL AND GENERAL OFFICE COMPLEX. ON .A . .53 ACRE SITE GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PI0 PIC0 DRIVE AND LAS FLORES DRIVE BY THE AWNDMENT OF THE FINDINGS AND CONDITIONS OF APPROVAL. N( 268 Mot ion Ayes Mot ion Ayes Abstain 4 1 ~ I I CITY OF -6- CARLS8AD COUN ,. October 2, 1979 26 9 ;; ! (114) 21. AB {I5987 - Supplement $11 - STORAGE OF :RECREATIONAL VEHICLES TN 'SPECIF'IC ZONES' BY CONDITIONAL USE PERMI.T . 8. 0 .Staff indicated, in response to query, that the intent of the provision on Page 2, Line 5 was ,to prevent an RV storage yard from assuming the 'characteristics of comercial sales. The City Attorney indicated if Council did not want to discourage individual sales that the wording "occasional sales by an individual may be permitted" be inserted. ~ Council introduced the following Ordinance with the addition on Page 2, Line 5 that "occasional sales by an individual may be permitted'.';. ORDINANCE NO. 9537, AMENDING TITLE 21 OF THE CARLSSAD IUNICIPAL CODE BY THE DELECTION OF SECTIONS 21.04.365 AND 21.04.370 AND SUBSECTION.21.04.365 AND 21.04.370 AND.SUBSECT1ON 21.42.060(6)(C); AND BY THE ADDITION OF SECTIONS .21.04.298, 21.04.299 AND SUBSECTION 21.42.010(9) TO REVISE THE REGULATIONS REGARDING THE STORAGE OF RECREATIONAL VEHICLES. 1'114) 22. AB $,5712 - Supplement #3 - EXPANSION OF NON- CONFOKVT.ING USES', ' Z%A-l05 . I .' Council introduced the following Ordinance: I ORDINANCE NO. 9538, MENDING TITLE 21, CHAPTERS 21.44 AND 21.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AIVIENDMENT OF SECTIONS 21.44.020 AND 21.48.080 TO PROVIDE FOR THE ALTERATION, REPAIR OR EXPANSION OF NONCONFORMING USES AND BUILDINGS. (99) . 23. AB #5985 - Supplement #l - TENTATIVE TRACT mp AND COIJDOMINIUM PERMIT,' 'CT79'-'7/CP"1O p ,APPLICANT,: FRIES. I Council adopted the following Resolution: RESOLUTION NO. 5951, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-7) FOR A 39-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-10) FOR SAID PROJECT ON APPROXIMATELY 2.70 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL FUERTE AND SANTA ISABEL STREETS IN LA COSTA. APPLICAlJT: HARRY FRIES. 18') 24. AB $,6012 - OFFER TO DEDICATE BEACH ACCESS AT OCEAN 'STREET 'AND CEDAR AVENUE. The Planning Director gave a staff report, referencing the third paragraph of the Agenda Bill which should reflect the concrete walkway was developed in connection with the apartment/ motel to the north. The' City Manager noted tha the property owner had been contacted and had expressed a willingness to make repairs. 4 .. I40 t ion Ayes Abstain Mot Lon Ayes Motion Ayes Abstain CITY OF CARLSBAD CQUNC CITY OF CARLSAD CQUNC -9- ? g October 2, 1979 -~~ ~ t . .. 7 A motion was made thad annexation of. the subject property go forward, together with zone change .to M-1 on the property approved for septic tank by the county and L-C on the remainder of the 13.89 acres. The motion died for lack of a second. A motion was made and seconded that the City Attorney prepare documents to amend the moratorium ordinance, or take other steps as necessary to accomodate the applicant, The motion failed for lack of majority. Council directed 'the matter be continued to the next Regular Meeting, at which time all Council members would be present. RECESS: .I Mayor Packard announced a recess at 8:20 P.M. and Council reconvened at 8:33 P.M., with four members present, Public Works (93) 29. AB {I6018 - .SEWER SERVICE FEES. A staff report was given by the Public Works Administrator, as contained in his September .. -17, 1979 Memorandum. During discussion, it was the consensus of Council that prior to implementation of the revised sewer service charges, that notice be given to sewer users explaining the rate changt ,rand purposes. Council adopted the following Resolution, with an effective date of December 1, 1979, and wit1 the addition that kitchen facilities be on par with single family unit fees: , I , RESOLUTION NO. 5957, SETTING SEWER SERVICE CHARGES. :I1oz) 30. AB #6019 - SPEED LIMITS ON CMUSBAD BOULEVARD , The City Engineer gave the staff report, referencing the .recommendations of the Traffic Safety Commission. During Council discussion, it was determined that the 35 rniEe per hour speed limit would ,commence at the precise point of ''11000 feet south of Manzano Drive", rather than at Manzano Drive, and that Sections 10.44.030(a) and 10.44.030(b) be changed to reflect the designated wording. a -F ! 3 n 272 \ b Mot ion Mot ion Ayes Noes Motion Ayes .- . - 140 t ion Ayes