The URL can be used to link to this page

Home My WebLink About1979-10-16; City Council; Minutes4 2 ~ Meeting of: Time of Meeting: 6:OO P.M. Date of Meeting: October 16, 1979 Place of Meeting: Council Chambers CONSENT CALENDAR: .. 1.. ' WAIVER OF ORDINANCE TEXT READING. . ' Council waive'd the reading of the text of all this meeting. Council authorized p'ayment of bills .for the .. . general expenses of the City and for the Water Department in the amount of, $771,868.84. Department 1979-1980 FY Budget. CITY OF -2- CA October 16, 1979 ., __~~- ~~ ~~ ~ (84) 7. AB $,6026 - PURCHASE OF OFFICE FURNITURE. (45 1 Council adopted Resolution No. 5961, accepting a bid and authorizing the.execution of a contract for the purchase of office furniture. 3 .8, .. .. .0 (70) 8. AB 415.945 - Supplement #1 - .PARKS AND ' RECREATION FEES - ADDITIONAL INFORMATION. Council approved the recommendation that the . Parks and Recreation Department continue with the policy of recovering all direct costs of the recreation program. C. ITEM REMOVED FROM CONSENT CALENDAR: 4. AB $15935 - Supplement #2 - GROVE SETTLEMENT/VISTA SANITATION DISTRICT LEASE AGREEMBNT . (41 ) * Councilman Skotnicki indicated he had requested this item removed from the.Consent Calendar in order to obtain clarification of the actual 'cost to the City under the terms of the Agreement, in that the leased capacity equated approximately 230 equivalent dweiling units. .- .. The Public Works Administrator responded that the -sewer connection charge of $1,000 per edu would be retained by.the C'ity, with the consideration paid to Vista being the monthly .sewer serSice charges amounting to approximate1 . $700 per month. He further acknowledged that upon completion of Encina Phase 111 Expansion, the leased capacity would be returned to Vista. Council adopted Resolution No. 5959, apprqving an agreement between- the City of Car.lsbad and Vista Sanitation District for sewer. capacity. - 0RDI.NANCES FOR ADOPTION: Councilman Skotnicki'indicated,he was familiar with the proceedings of the October 2, 1979 meeting as to all matters exclusive of Consent Calendar items and Council appointments. There fore he would participate in voting. AB #5987 - Supplement 111 - ZONE CODE VEHLCLES'IN SPECIFIC ZONES BY CONDITIONAL USE PERMIT. OW kEmMENT TO ALLOW STORAGE OF RECREATIONAL Council adopted the following Ordinance: .. ORDINANCE NO. 9537., AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE DELETION OF SECTIONS 21.04.365 AND 21.04.370 AND SUBSECTION 21.42.060(6)( 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. , , U Y - C cam< ~ Motion Ayes Noes Motion Ayes 1 .8 :e F -4i qp., ,& 'B -3- (1 14) 10. AB {I5712 - Supplement #3 - EXFANS'ION OF NON-CONJ?ORMING~ USES - ZCA-105. Council adopted the following Ordinance: ORDINANCE NO.. 9538, AMENDING: TITLE 21-, CHAPTERS 21.44 AND 21.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDTENT OF SECTION 21.48.080 TO PROVIDE FOR THE ALTERATION,. AND BUILDINGS. REPAIR OR EXPANSION OF NON-CONFORMING USES (102) 11. AB #6019 - SPEED LIMITS' ON CARLSBAD BOULEVARD. Council adopted the following Ordinance: ORDINANCE NO. 3115, MENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.44.030 TO REVISE THE POSTED SPEED LIMIT ON ' CARLSBAD BOULEVARD. Councilman Skotnlcki expressed- support of the other 'items recommended by the Traffic Safety- Commission as discussed at the meet'ing of October 2, 1979, in part,icular, the connection of the parking lots. PUBLIC HEARING : .I (114) 12. .AB 115947 - Supplement {/I 7 AMENDMENT TO . PLANNING NO'RATORITJM '- ZCA-117. The City Attorney gave the staff report on the matter indicating same was being. presented to Council pursuant to their'direction, and Planning Commission. 'had been recommended for approval by .the Mayor Packard opened the publie hearing at 6:13 P.M. Council recognized Dona1.d Diehl, residing at 2016 Saliente Way, CGrlsbad, CA., who indi- cated he was Vice-president of Oak Communica-, tions, Inc., located at Palomar Airport. Mr. Diehl spoke in favor of the amendment. Since no one else wished to. speak, either in favor or opposition to the matter, Mayor Packard closed the public hearing at 6:15 P.M. Councilman Skotnicki expressed concern that .. one section of the subject amendment allowed for acceptance of applications for City areas which would be serviced by sewer districts other than CarIsbad in that Council had not yet dealt with mitigation of potential-adverse impacts of the proposed reactivation of the Sa Marcos County Water District sewer plant. Specifically, Council had not reviewed. the EIR and-made policy decisions as they had in ap- proving the Lake Calavera Hills satellite sewe plant and inquired into methods of doing so. I Nt p+ 01 282 i ~ i ~ Motion . 'Ayes Mot ion Ayes - I "Y F Rk p( -4- 1- October f16, 1939 283 f I _. .. ,a The City Attorney stated the proposed Ordi- finding re sewer availability. For areas served by another district, it would requir,e Council. Projects within the city would re- quire approval by Council and the appropriate State agency. .Tha Planning Director then explained the current status of the.San Marcos plant and . processing procedures necessary. In addition,. he indicated the conditions placed on the Lake Calavera Hills plant were part of the Pre cise Development Plan. Therefore,, if the. San Marcos plant requires this type of dis- cretionary approval, Council may.desire at' that 'time to impose similar conditions. Further, the EIR would be furnished to Council for consideration at such time as a request for discretionary approval is presented to Council. . " nance would require Council to make the ' . a letter of availability and the- finding by Councilman Skotnicki then referenced the issues to be considered by Council'at this .meeting under Item No. 17, relating to reac- tivation of the San Marc,os. sewer plant, in that such issues questioned Council's author- .ity to impose water use regulations on another water district. Concerns were expressed that resolution of such issues would.predicate a determination of the subject item. Council directed that Item No. 12 be trailed until action was taken, on Item No. 17. DEPARTMENTAL AND CITY MANAGER REPORTS: PUNNING (86) 13. AB $16016 - REQUEST TO ADDRESS 'COUNCIL .- JOE SANDY. The City Manager gave a brief introduction of the matter. He then referenced the Memoran- dum from the Assistant Planning,Director, dated October 16, 1979, explaining that the proposal as outlined therein, would allow the annexation to proceed and thus, no Council action was requir.ed at this time. Counci-1 recognized-.Mr. Joe Sandy, the appli- cant,.who expressed concurrence with the pro" posal. In response to Council questions, Mr. Sandy explained the proposed usage on a por- tion of the property as a tomato packing plant '. ' Councilman Skotnicki expressed the opinion that such preannexational zone designation circum- vented the planning moratorium in that. zone . i changes were discretionary approvals and not permitted under the planning moratorium. He, available to other requests for annexation and inquired into Council policy re annexations. ! further inquired if such techn2que would be I I .. Mot ion Ayes Noes ~ I I' I I ~ *- I) .e 0 %i pi q 89-4 -5- ,. 1 Staff explained the previous policy per Coun- cil instructions re encouragement of annexa? tions, and acknowledged Counci.lman Skotnicki's expressed.desire for reconsideration of the policy. Council filed the matter of Mr. 'Sandy's re- quest for a preannexational zone designation. It was agreed that Agenda Items Nos. 14 and 15 would be discussed simultaneously. P (92) 14. AB {I5992 - EFFLUENT DISPOSAL LINE - CITY . OF CARLSBAD. (92) 15. AB $15993 - LEUCADIA COUNTY IJATER DISTRICT EFFLUENT DISPOSAL LINE. The Public Works Adminstrator gave a brief report on the matter explaining the relation- ship of the two items. He then stated the District had recently informed the City of an existing co-terminus easement .which negated the need for.. use of the City's right-of-way. c He concluded his report by requesting author- ization for staff' to negotiate with the District for oversizing of the line. In response to Council questions, staff stated there had been insufficient time to verify the 'co-terminus easement. It was moved and sec0nde.d that staff be author ized to negotiate the oversizing of the efflu- ent disposal line with the Leucadia'County . Water District. A motion was made to amend the motion to make- such authorized negotiationS.contingent on Council's action on Item No. .15. Staff was, authorized to negotiate the over- sizing of the line contingent on Council's action with regard to use of the City's right- of-way, listed in Item No. 15. Council continued Item No. 15 to the next regular meeting to allow time to verify the existence of a co-terminus easement. If the easement is verified, staff is to negotiate oversizing of the line. If no easement exists the matter is to be returned to Council for consideration. (94) 16. AB #3481 - Supplment #23 - PRECISE PLAN CONDlTIONS' FOR PLAZA 'CmINO REAL SHOFFING CENTER EXPANSION. (94) 16. AB #3481 - Supplment #23 - PRECISE PLAN CONDlTIONS' FOR PLAZA 'CmINO REAL SHOFFING CENTER EXPANSION. The Public TrJorks Administrator reported on. the matter outlining the options available to Coun cil re completion of the required conditions, as per the Memoranda of October 11, 1979'. Mr. Beckman suggested that occupancy be permitted at this time, with a review in one year to de- termine that the remaining conditions.have been satisfied. @dc ~ 8. Mot ion Motion Ayes Motion Ayes Mot ion Ayes October 16, CITY OF CAWLSBAD - 7- 1979 Council introduced the' following Ordinance: ORDINANCE NO. 9539, AMENDING TITLE 21, CHAPTER 21.49 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.49.020 TO ALLOW THE PROCESSING OF DEVELOPMENTAL APPROVALS SUBJECT TO CERTAIN CONDITIONS, IF THE CITY COUNCIL FINDS SEWER SERVICE WILL BE AVAILABLE CONCURRENT WITH NEED, with the change at line.No. 23 to reflect the approvals from the State of California are initial approvals. I For the record, Councilman Skotnicki requested . information be provided pursuant to the August 29, 1979 Adjourned Regular Meeting, including a copy. of the EIR and problems discussing dur- ing the course of that meeting. CouncFl agreed that a meeting to discuss growth management issues was desirable, and concurred that.such a meeting be held on October 30, 1979. (74) . 18. AB {I6014 - PROPOSED CLASSIFICATION AND SALARY SCHEDULE CHANGES FOR FIRE EMPLOYEES. I Council continued this matter to November 6, 1979. (lo5) ~ 19. AB $I6028 - REORGANIZATION OF HOUSING (28) AUTHORITY AND REDEVELOPMENT AGENCY. A staff report was,given by Frank Mannen, of the City Manager's Office, essentially as contained in his September 24, 1979 Memorandum, A Request to Speak having been filed, Council recognized Jesus Mariz, 350 Chestnut , #4, Carlsbad, CAY who indicated he was a member of the Carlsbad Housing Comission representing the tenants. Mr. Mariz spoke in opposition. to the reorganization at this time in that tenants would be required to become familiar with redevelopment as well as housing matters. Council recognized Amy Villalobos, 2370 Pi0 Pico, Carlsbad, CAY Acting Direct,or of the Housing Authority. Mrs. Villalobas indicated her present staff was insufficient to assume clerical duties of both housing and redevelop- ment and inquired into additional clerical support. Staff responded that no employees would be displaced and indicated clerical support for Redevelopment is currently provided by the Planning Department. In response to council questions,. staff indicated the newly-created Comunity Develop- ment Commission, known as the Carlsbad Housing & Redevelopment Commission, would, function as a legal governing entity, established pursuant to the Health & Safety Code. 1 COUNf '\' 28 6 P -1 Motion Motion Ayes .-, . ..... .1 CITY OF CARLSBAD GOlbNI -8- 1 October 16, 1979 287 B "~_ ~~ "~ ~~~ ~ " In addition, it was noted that such Commission would have an advisory committee, known as the Carlsbad Housing & Redevelopment Advisory Committee, which mus.t have two tenant members. .II Council also discussed -the desirability of ,maintaining the two current committees until such time as the Housing Element of the General Plan is completed, with such committees acting as advisory to the newly-created Commission. Council also expressed the desire to provide ., for nine members on the Committee. I Council introduced the following Ordinance: ORDINANCE NO. 1223, DECLARING A NEED FOR A COMMUNITY DEVELOPMENT COMMISSION I TO FUNCTION IN THE CITY OF CARLSBAD. ? Following brief discussion, Council trailed consideration of Ordinance No. 1224 to the end of this meeting for clarification of changes. Council introduced the following Ordinance: ORDINANCE NO. 1225, AMENDING TITLE 2, CHAPTERS 2.44 AND 2.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 2.44.030 AND 2.48.030 TO PROVIDE FOR THE ADDITION OF THE POSITION OF HOUSING AND REDEVELOPMENT DIRECTOR AS AN EXEMPT MANAGEMENT POSITION. Follow.ing brief discussion, it was the con- sensus of Council'that Resolution No. 5962 net be,considered until such time as the work load would merit compensation. Council adopted the following Resolutions: RESOLUTION NO. 5963, APPROVING AN HOUSING AND REDEVELOPMENT COMMISSION RELATIONSHIPS, with a change at line 11 to reflect "Housing & Redevelopment Commission", rather than Community Development Commission. AGREEMENT ESTABLISHING CITY-CARLSBAD RESOLUTION NO. 5964, AMENDING THE CITY'S CLASSIFICATION PLAN BY THE ADDITION OF CLASS SPECIFICATIONS FOR HOUSING AND REDEVELOPMENT DIRECTOR AND SECRETARY/ BOOKKEEPER. RESOLUTION NO. 5965, AMENDING THE MISCELLANEOUS EMPLOYEES' SALARY PLAN A SALARY RANGE FOR THE POSITION OF SECRETARY/BOOKKEEPER. 0 FOR FISCAL YEAR 1979-1980 BY ESTABLISHING .. Mot ion Ayes Motion Ayes 5 .. .. Motion Ayes 4c~A~*~,am 8 'e b "Tf+ r s -9- .. RESOLUTION NO. 5966, ANENDING RESOLUTION NO. 5553, BY THE AMENDMENT OF THE EXECUTIV COMPENSATION PLAN FOR THE 1979-1980 FISCAL YEAR -TO ADD THE POSITION OF DIRECTOR OF HOUSING AND REDEVELOPMENT AND DELETING THE POSITION OF REDEVELOPMENT PROGEUN MANAGER. (77) 20. AB #6029 - MENDING CODE TO PROVIDE FOR 'INTERIM ZONING. Council directed the matter forwarded to the Planning Commission for hearing, as per staff recommendation. (37) ' 21. AB $)5738 - AMENDMENT TO CITY. COUNCIL PROCEDURAL ORDINANCE. I 1 Council introduced the following Ordinance: ORDINANCE NO. 1222, AMENDING TITLE 1, CHAPTER 1.20, BY THE AMENDMENT OF SECTION 1.20.290 TO PROVIDE FOR A WAIVER OF THE REQUIREMENT OF FILING A WRITTEN REQUEST TO ADDRESS TiIE COUNCIL. (37) 22. AB $16033' - PROPOSED COUNCIL MEETING IN LA COSTA. Council directed that staff proceed with arrangements for a meeting.in the La Costa area, as per staff recornendations with the addi.tion of an item re public .facilities in . general and a library branch. (40) 23. AB $I5909 - APPOINTMENT TO'BUILDING AUTHORITY. B 'Mayor Packard announced his intention to defer action on this matter in view of the resigna- tions from the Building Advisory & Appeals Board, in that former members of such.Board may be considered for appointment to 'this' Authority. (76) 24. AB {I5981 - PLANNIJG CO"IIS.SION APPOINTMENT Couneil adopted the following Resolution: RESOLUTION NO. 5924, APPOINTING A MEMBER TO THE CITY OF CA?XLSBAD.PLANNING COMMIS- I SION, such member being Jonathan D. Friestedt. . , (76 1 25. AB #5996 - PLANNING COMMISSION APPOIPUXENT Councilman Lewis nominated Jeff Crisman. Councilman Anear nominated John P. Landry. Mayor Packard nominated Jeff Crisman. Councilwoman Casler nominated Anna L. Leeds. Councilman Skotnicki indicated he had not had the opportunity to consider a nomination and would submit same after review. ;4< \; 288 1 i 1 ~ Motion i Ayes ~ ~ Mot ion Ayes Mot ion Ayes Mot ion Ayes , I I I 1. I 8. .. .. .. F" b- RL -10- ?i (103) 26'. AB {/6001 - APPOIPITMENT TO TRAFFIC' SAFETY C OMMI SS'I ON . Mayor Packard announced his. intention to appoint Wes Terry a member of .the Traffic Safety. Commission. (28) 27. AB {I6030 .- APPOINTMENT TO BUILDING ADVISOR' AND APPEALS BOARD. Mayor Packard continued this item to November 6, 1979. . (28) , 28. AB $I5999 - APPOINTMENT TO BUILDING ADVISOR AND APPEALS BOARD. - Mayor Packard announced his intention to appoint John Langston to fill the vacancy. (28) 29. AB {I6031 - APPOINTMENT TO BUILDING ADVISOR AND APPEALS BOARD. Mayor Packard continued this item to November 6, 1979. (28) 30. AB $I6032 - APPOINTMENT TO PUBLIC FAC'ILITIE FEE COMMITTEE. Council. adopted the following Resolution: RESOLUTION NO. 5969, AMENDING RESOLUTION NO. 5958, BY THE APPOINTMENT OF A MEMBER. TO THE CITIZENS' COMMITTEE. FOR DEVELOPING A PUBLIC FACILITIES FEE, such member being Raul Tarango. CITY COUNC'IL ADDITIONAL BUSINESS : Parks & Re'creation Commission Councilman Lewis reported .on the recent meetin referencing the report requested re use o.f the old City Hall by .the.Historical Society. The City'Manager indicated that Parks & Recreation Director had forwarded same and would be pre- sented to Council on the next Regular Agenda.. CPO - Councilman Skotnicki reported on the recent CPO.meeting and discussions re 911 System, possibility of a ballot measure on Lindberg Field, and unsuccessful efforts to change name to SANCOG. Brown .& Galdwell Report Councilman Skotnicki referenced an opinion in such report which concluded that Carlsbad was not fiscally able to support their share of the Encina Phase 111 Expansion, indicating hie concern that such conclusion was in error and should be rectified. .. w NC I .I I ~ I Motion Ayes .. i i I I i TY F -11- October *16, 197.9 t 8 _. .. Capltal Improvement Pr'oj ects Councilman Skotnicki requested that he be apprised of any comunications from staff re- flecting City positions or comnents on docu- ments which are coming up for approval by CPO in order to appropriately participate in same. City.Hal1 Parking Councilman Skotnicki expressed his concerns that the public designated parking spaces were b,eing utilized by City and employee vehicles. .. Pursuant to earlier action, Council resumed consideration of the following matter: 19. AB #6028 - REORGANIZATION OF HOUSTNG AUTHORITY AND REDEVELOPMENT AGENCY. Council introduced the following Ordinance: ORDINANCE NO. 1224, RESCINDIPJG. RESOLUTION CARLSBAD MUNICIPAL CODE TO CREATE A COPT- NO. 5720, AND AMENDING CHAPTER *2.40 OF THI WNITY DEVELOPMENT COXUTTEE TO REPLACE THE HOUSING COMMISSION AND THE VILLAGE REDEVELOPMENT PROJECT AREA COMMITTEE, wit1 changes .as follows: Page 2, Line 1, providing for 9.members ; . Page 2, Line 4, providing 3 members to serve an initial 1 year term; . Page 2, Line 5, providing 3 members to serve an initial term of 18 'months; Page 2, Line 14, providing 2 members, etc.;and Page 2, Line 17, providing 2 persons, etc. CITY MANAGER ADDITIONAL BUSINESS : Sphere of Influence The City Manager reported the County Board of Supervisors adopted Ordinance No. 5605, placing a temporary moratorium on the pro- 1' I the Carlsbad Sphere of Influence. j cessing of development applications within I ,I Agua Hedibnda Lagoon 'Specific Plan .. The City Manager advised of discussions with State staff, indicating a meeting was sched- uled at staff level on October 17, 1979, and that it would be desirable if Council sub- committee (Mayor Packard and Councilwoman Casler) be available in the near' future for a meeting. =. 1 'i ~ I I Mot ion Ayes .. . i j . - - - ~~ 8 .. ,@ ( F cAR -12- 3ctober 16, 1979 sz~.sqaXmmmtmamE CITY ATTORNEY ADDITIONAL 'BUSINESS : The City Attorney 'distributed a Memorandum prepared by the Assistant City Attorney re up-date on the lawsuit filed against the City in the.U.S. District Court in Nevada. The City Attorney additionally distributed a Memorandum prepared pursuant to Counc.il direc- . tion regarding an opinion on Council's ability to impose fees for library services. ANNOUNCEMENT; .. Pursuant to earlier request, an announcement was made with regard to the following matter: 12. AB dl5947 - Supplement ill - AMENDNENT TO PLANNING. MORATORIUM. The Planning Director announced that copies of the EIR on reactivation of the San Marcos County Water District proposed sewer plant ' were available for Council. ADJOURNMENT: 6 By proper Eotion, Council adjourned at 10:55 P.M.. to October 30, 1979, at 7:OO P.M., in the City Council Chambers. Respecfully submitted, -,.PC-. ALETHA L. RAUTENKRANZ, CITY CLERK .. 6" ' Anita D. Murphy, Recording Secretary .. . .. .' . ! &.pt 5;. : 1 +d,.l%$ E? 291 1 ~ .. j i I