HomeMy WebLinkAbout1979-12-04; City Council; MinutesBT NC
Minutes of: CITY COUNCIL (Regular Meeting)
Date of Meeting: December 4, 1979 Time of Meeting: 6:OO P.M. Place of Meeting: City Council Chambers
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CALL TO ORDER was made by Mayor -Packard at 6:OO P.M.
I ROLL CALL was taken by the City Clerk: !,
.,,,INVOCATION was given by Mayor Packard.
PLEDGE OF ALLEGIANCE was led by the Public Works Administrator.
APPROVAL OF MINUTES:
Mayor Packard referenced a request, dated November 30, 1979 to review a portion of the minutes wherein Mr. P.D. Biller expressed dis- agreement with the action of Council as reflected on Page 11, Paragraph 6, under the. category of Multiple Family Residential. Councilman Skotnicki indicated €-e concurred with Council action as reflected in the Minutes, but suggested the mechanical recording of the meeting be examined to insure the motion was accurate. The City Clerk responded the record- ing machine was inoperative during that meeting. Council made no changes with regard to subject
. portion of the Minutes.
Following correction of Item 27 by'Councilman Anear and correction of Item 14 by Councilman Skotnicki, Council approved the Minutes of the Regular Meeting, held November 20, 1979, as corrected.
CONSENT CALENDAR:
Councilman Lewis requested that Item No. 10A. be removed; Councilman Anear requested that .. Items No. 5 and No. 9 be removed from the Consent Calendar.
The following Items, with the exceptions of No. 5, No. 9 and No. 10A were approved by one motion, affirming the action of the Consent
Calendar.
. 1. 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 $16085 - PAYMENT OF BILLS.
Council authorized payment of bills for the general expenses of the City and for the Water Department in the amount of $1,633,481.78.
(-50) 3. AB .I16086 - RATIFICATION OF PAYROLL.
Council ratified payment of the payroll in the amount of $203,813.84 for the period November 12, 1979 through November 25, 1979.
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I (63) 4. AB #5881 - Supplement #2 - LIBRARY PARKING (45) LOT EXTENSION - CONTRACT NO. 1068. I
Council Accepted the work, directed recordation
: of Notice of Completion, release of bonds and
'adopted Resolution No. 6004, authorizing transfe
:of funds for construction of library parking lot extension. '1
(84) 6. AB #6084 - PURCHASE OF A WATER TRAILER.
Council adopted Resolution No. 6007, rescinding a contract awarded to San Diego Fabricators and accepting a bid and authorizing the execution of a c0ntrac.t and 'authouizing funds for the purchase of a water trailer (such contract being awarded to Nixon-Egli Equipment .Company).
Council adopted Resolution No. 6006, accepting an easement for real property from Sandra Kay Hangley and Resolution No. 6008, authorizing payment .of consideration for various easements.
(99) 8. AB -it6075 - Supplement #1 - INDUSTRIAL SUBDIVISION, CT 79-14, APPLICANT:. BIRTCHER-
PACIFIC.
Council adopte'd Resolution No. 6009 , approving with conditions tentative map (CT 79-14) for resubdivision of parcels 2A and 2B of Palomar Airport Business Park into 11 lots, a total area of approximately 24.3 acres, generally located one lot southeast of the intersection of Palomar Airport Road and Yarrow Drive, adjacent to the north of Corte de la,Pina.
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I (74) 10. AB it6014 - PROPOSED CLASSIFICATION AND SALARY SCHEDULE CHANGES FOR FIRE EMPLOYEES. I
Council adopted Resolution No. 5955, amending the classification plan of the City of Carlsbad. Council adopted Resolution No. 5965, amending the salary plan for fire employees for the 1979-1980, 1980-1981 and 1981-1982 fiscal years by adding the classification of Fire Prevention Inspector.
(93) l0.R. AB it6083 - Sup.plement #1 - SEWER ALLOCATION FOR OAK COMMUNICATIONS, INC.
Council adopted Resolution No.6011, authorizing
the allocation of 55 edus to Oak Communications, Inc., for proposed divisional offices, research, engineering and manufacturing facilities.
I ITEMS REMOVED FROM THE CONSENT CALENDAR: I I (70) 5. AB #3552 - Supplement #14 - CONSTRUCTION OF ( 45 ) MAGEE PARK.
Councilman Anear indicated he requested this item removed in order to inquire if Council had previously discussed and made a determination re heating and related costs.
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December 4. 1979
The City Engineer responded no utilities would
be installed, only extension of lines to allow
i installation if Council so.determined in the
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I . Councilman Skotnicki referenced a chronology of
Council action re Magee Park and its buildings
and expressed opposition in that the proposed
action would commit Council to expenses .for a building on which they originally acted to demolish. 1
' Council discussed the fact that questions re
use of the park had been referred ,to the Parks
& Recreation Commission for recommendation.
A motion was made to also refer to Parks &
Recreation Comission the question of expending
funds for proposed utility lines. The motion
failed for lack of majority.
Council approved the undergrounding of utility lines to the Old City Hall/Library at
Magee Park and adopted the following Resolution:
RESOLUTION NO. 6005, AUTEORIZING THE .
TFUNSFER.OF FUNDS FOR CONSTRUCTION OF .MAGEE PARK - CONTRACT NO. 1069.
(93) 9. AB $15998 - Supplement $12 - SECOND PHASE SEWER ALLOCATION. ~.
The.City Attorney indicated the documents sub- mitted for Council approval reflected their direction on November 20, 1979, with the exception that application S-35, position 5
~ in the Single Family More Than Four Category, had not been included. Mr.. Biondo indicated that placement of S-35 in posi.tion 5 miglit be adjusted as a result of th.e Council directed
re-evaluation of the remaining applications in
that category.
Councilman Anear indicated he had requested
this item removed from the Consent Calendar in
order to obtain clarification on Page 7 of the Exhibit reflecting number of edus for
Application C-7 as 46.
Staff acknowledged the number was in error and should read 4.6 edus.
Following discussion relative to possible . , Holiday delays in processing sewer permits, it was the consensus of Council that'.wording be added at Line 3 on Page 2 of the Resolution to reflect "except that the time limits. shall begin to run on December 11, 1979."
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December 4, 1979
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A Request to Speak having been filed, Council recognized Jack McRoskey, 428 Homewood Road, Los Angeles, CA. Mr. McRoskey expressed dis-
! agreement with the separation of the commercial
. ! from the industrial category. It was therefore .determined that Mr. McRoskey should address 'Couneil during consideration of Item No. 18 on
this Agenda.
With regard to the documents, Councilman Skotnicki indicated the purpose of the alloca-. tion system was to distribute sewer permits as widely as possible. Therefore, he stated his intent to cast a negative vote, as qualified by the following comments.
Councilman Skotnicki expressed concurrence .with
the allocation in the Single Family Four Or Less Caeegory and in the Industrial Expansion Category.
With regard to the Single Family More Than Four Category, Councilman Skotnicki indicated he opposed the documents for the reason that
. one application acquired through two.separate
. paojects a total of 41% of the sewer available in this category.
Councilman Skotnicki opposed allocation in the Commercial General Category for the reason that one applicant submitted two applications (C-17 and C-18) for the same project.
Councilman Skotnicki opposed allocation in the Commercial Office Category for the reason that
(C-l?' C-1-A and C-1-B) on the basis of three . separate buildings. Further one applicant had
of the Commercial Land Uses.
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. one developer submitted three applications
" applied under 'both categories (C-11 .and C-12)
Council adopted the following Resolution:
- RESOLUTION NO. 6013, AUTHORIZING ISSUANCE OF SEWER CONNECTION PERMITS PURSUANT TO THE SECOND PHASE SEWER ALLOCATION SYSTEM.
Councilman Anear suggested that the unused
edus assigned to the Single Family Four Or Less Category be applied toward satisfying applications for duplex and triplex projects.
(64) 10A. AB v6091 - CONVERSION OF STREET LIGHTS FROM MERCURY VAPOR LAMPS TO HIGH PRESSURE SODIUI LAMPS * "
Councilman Lewis indicated he had requested this item removed from the Consent Calendar in order to inquire re proposed disposition of the replaced ,lights.
The City Engineer explained if Council approved
the plan in concept, staff would be returning with- a proposed implementation program; -
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December 4, 1979
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Council directed that City staff institute a policy requiring the installation of high pressure sodium lamps at all: new street light
,specifically approved by the City Engineer; and that City staff institute'a plan for the con-
' version of all City-owned .street lights to high
pressure sodium lamps within a time frame as determined by the City Council and.within existing budgetary constraints.
:,installations, unless an alternative type is
ORDINANCES FOR ADOPTION:
(114) 11.. AB #6076 - ZCA-118 -- AMENDMENT TO" PLANNING MORATORIUM FOR MASTER PLAN REVISIONS.
Council a'dopted the following Ordinance:
ORDINANCE NO. 9542, AMENDING TITLE 21, CHAPTER 21.49, SECTION 21.49.020 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (12) TO ALLOW THE PROCESSING 0F.REVISIONS TO APPROVED MASTER PLANS.
PUBLIC HEARINGS: . I
The Planning Director gave an introductory staff report, indicating the Public Facilities' Agreement has been signed.
The Assistant Planning Director continued with the report, referencing wall maps depictEng
% location and design of the project.
Mayor Packard opened the public hearing at 6:41 P.M., and extended the invitation to speak.
Council recognized Frank J. .Malter, .Sr., 2023
Meadowlark Circle, San Marcos, CA, . one of .the applicants. Mr. Malter distributed..pictures of the project for Council inspection and spoke in favor of same.
Since no one else wished to speak, Mayor Packar'd closed the public hearing at 6:44 P.M.
Council discussed the high density of the project in terms of its balancing additional amenities, problems associated with the location
collecting trash, and water volume requ'ired for landscaping features. ..
'- of trash containers from safety standpoint in
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Motion Ayes
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Council directed the City Attorney to prepare necessary documents approving CT 79-16/CP-19, as
per Planning Commission Resolution 1562, with th
additional condition .that trash containers be
' :. moved to a 1ocatio.nnear the street' to ,facilitate '.,safe collection.
(99) 13. AB #6088 - 41 UNIT CONDOMINIUM AND TENTATIVE TRACT MAP - CT 79-18/CP-21. APPLICANT: I
. MEYER. I
The Planning Director gave the introductory staff report, indicating the Public Facilities' Agreement has been signed.
The Assistant Planning Director continued with
the report, referencing wall maps, depicting location and design of the proj-ect. He further noted a correction in Condition 19 of the Planning' Commission Resolution :on Page' 6 which should reflect that "separations between buildings shall not be less than 10 feet."
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Mayor Packard opened the public hearing at 7:lO P.M. and extended the invitation to speak. I
Council recognized Frederick J. .Meyer; Architect 3611 Fifth Avenue,. San Diego, CA-. Mr. Meyer emphasized the favorable aspects of the project.
Since no one else wished to speak, Mayor
Packard closed the public hearing at 7:16 P.M.
Following brief discussion, Cduncil directed
the City Attorney to prepare documents approvin
CT ,79-18/CP-21, as per Planning Commissi,on
Resolution No. ,1563.
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(I 1 S) 14. AB $',6089 '- AMENDMENT TO PLANNED UNIT
DEVELOPMENT PERMIT - PUD 7(A) AND SPECIFIC PLAN SP 38-B.
The Planning Director gave an introductory staff report, essentialiy as contained in the Statement of the Matter. The Assistant Planning Director continued with the staff , report noting location in relation to adj acent area.
Mayor Packard opened the public hearing at 7:24 P.M. and extended the invitation to speak.
Council recognized Fred Morey, 2618 Abedul, Carlsbad, CA., repre'senting the applicant, La Costa Land Company. Mr. Morey explained the original location of the RV storage was a ' temporary designation and suggested use of the
SDG&E easement for RV storage was :a desirable use.
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Since no one else wished to speak, Mayor Packard closed the public hearing at 7:34.P.M,
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15. AB {I6094 - ZONE CHANGE FROM P-C TO RDM-Q
ZCA-206. AND
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(113) 16. AB {I6095 - MASTER PLAN AMENDMENT FOR THE LA COSTA MASTER PLAN M?-149(D).
The City Manager referenced the November 30, 1979 letter from La Costa Land Company requesting Council reconsideration of. their action on November 28, 1979 with regard to AB 86078 entitled "La Costa Land Company Sewer Availability in San Marcos County Water District, and explained the relationship of that item to the two present items, in that under the Municipal Code, zone changes and master plan amendments could not proceed until Council made a determination with regard to availability of sewer. He further outlined options.
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With regard to questions raised re options, the City Attorney stated under Council Procedure Ordinance that unanimous consent of Council was required to add items to the Agenda. Further that motions-to reconsider Council action must take place during the meeting at which time
. action was taken. However, motions to rescind previous action are allowed at any subsequent meeting. Mr. Biondo concluded that if Council desired to act on the question of sewer availability, same could be accomplished in that such item pertained to the current items No. 15 and 16.
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Councilman Skotnicki expressed the opcnion that the Council Procedure Ordinance required the unanimous consent of Council prior to acting on the question of sewer availability in that the item was not on the Agenda.
Council made the finding that sufficient capacity will be available subject to La Costa Land Company fulfilling its obligations to the San Marcos County Water District and subject to City approval of the irrigation use program for each subsequent development' (pursuant to AB #6078) .i
For. the record, Councilman Skotnicki objected
to the motion on the basis of Point of Order as
a contradiction to the Council Procedure Ordinance No. 1213 for reconsideration of an item not on the Agenda. The chair recognized the objection.
Motion Ayes Noes ,
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Council adopted the following Resolution:
RESOLUTION NO. 6012, APPROVING PLANS AND SPECIFICATIONS .AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR THE CONSTRUCTION OF THE CARLSBAD COMMUNITY SWIM
COMPLEX - CONTRACT NO. 1071. ..
Councilman Anear requested the record to reflect his support of the pool and that his vote reflected concern that maintenance costs necessitated by the pool's dimensions made the project economically impractical.
Council requested staff to prepare a compre- hensive report re facts and figures of a 25
yard pool rather than a 50 meter pool, including archite.ct ' s fees .
(97) 21. AB .$I5894 - Supplement #l - AGUA HEDIONDA
LAGOON BRIDGE REPLACEMENT FUNDS FOR PLANS AND WECIFICATIONS. I
The staff report was given by the City Engineer as contained in the Statement of the Matter.
Council authorized preparation of a request to the Federal Aid Urban Advisory ,Committee for the use of $137,479.00 in FAU funds for the -preparation of plans .and specifications for the Agua Hedionda Bridge replacement.
Public Works
(92) 22. AB $15761 - Supplement $13 - SATELLITE
RECLAMATION MASTER PLAN.
The staff report was given by the Public Works Administrator and, in response to Council inquiry, indicated the scope of the study, as approved by Council, did not cover the San Marcos and Leucadia sewer areas.
Council accepted the report, Wastewater;
Reclamation Master Plan Study, prepared by Lowry & Associates, for .payment purposes.
(1 10) 23. AB $15541 - Supplement $13 - ACCEPTING THE REPORT OF RALPH ANDERSEN SC ASSOCIATES RE FORMATION OF A SUBSIDIARY DISTRICT OF THE CMWD .
The staff report was given by the Utilities/ Maintenance Director, who indicated that John Sannon, representing Ralph Andersen, was present in the event Council desired to ask questions.
Council accepted the report of Ralph Andersen & Associates and directed staff to close out agreement and prepare implementing documents for further action in accordance with policy objectives.
Mot ion Ayes Noes
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CITY COUNCIL ADDITIONAL $USINESS:
(37) Report on Mayor's Task Force on Crime Committee.
Mayor Packard outlined the contents of the ',November 30, 1949 Recommendations From the
tion of the recommendations and it was the
consensus that staff place the mat.ter on a Workshop Agenda for futher consideration.
. Crime Task Force. Council discussed implementa-
Proposed Oceanside Harbor Groins.
Mayor Packard referenced the subject matter, indicating the probable. damage to Carlsbad beaches if the groins were constructed. Mrs. Casler suggested hiring a consultant from Scripps Institute as soon as the .Army Corp of Engineers completed their report. Council requested that staff study the matter and
report to. Council as soon as possible.
(87) Proposed San Diego County Water Authority 5th Pipeline.
Councilman Skotnicki gave a background report on the matter,. explained the proposed financing program and expressed the opinion the issue of the method of financing should be placed before the electorate for approval of revenue bonds rather, than allowing CWA to incur debt reserves and charge users for project funding.
A Request to Speak having been filed, Council recognized Jack Kubota, 5950 El Camino Real, Carlsbad, CAY representing Fred Maerkle of Costa Real Municipal Water District. Mr. Kubota spoke in favor of Council support of construction of the 5th pipeline and acknowledged method of financing was a policy matter.
Council directed that Councilman Skotnicki, as Council's authorized CPO delegate, convey to the CPO Board of Directors, Council support
of construction of the San Dlego County Water Authority 5th Pipeline.
Council directed that Councilman Skotnicki, as
Council's authorized CPO delegate, convey
Council support of the CWA proposed financing program.
(92) Amended 1979-1980 Encina W.P.C.F. Budget.
Councilman Skotnicki referenced the revised budget prepared from LCWD as a .result of the
transfer of operations from the County to LCWD, making general comparisons between the two. He
then explained the changes which resulted in
increased costs.
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I 'I Council adopted the following Resolutions:
RESOLUTION. NO. 6014, AUTHORIZING THE TRANSFER OF FUNDS FOR THE AMENDED 1979-1980 OPERATING BUDGET OF THE ENCINA WATER POLLUTION CONTROL FACILITY.
a I RESOLUTION NO. 6015 ADOPTING THE
CONTROL FACILITY BUDGET.
MENDED 1979-1980 EN~INA WATER POLLUTION
I San Diego County Wa,ter Reclamation Agency
Councilman Anear reported the Agency was receiving a grant to proceed with a project for reclaiming water in the Santee, CA. ar.ea.
Library Board of Trustees,
Councilw.oman Ca'sler indicated the Friends of the Library had determined to use the $9,600
received.from the Broadway opening for purchase
of quality books and audio visual material.
Senior Citizens
Councilwoman Casler reported the Senior Citizens Food Co-op was now operating in the black. I .. - JAC
Councilman Skotnicki reported on the current
status of the Cease & Desist Order re Encina odor problems, indicating same may be lifted in
January, 1980 and that Encina General Manager
. had been directed to return with a report following consultation with the RWQCB.
CITY ATTORNEY ADDITIONAL BUSINESS:
. The City Attorney indicated recent Court determination upheld the disclosure requirements under the Political Reform Act; however, the special disclosure requirements for attorneys and brokers were determined to not be justified. The City Clerk was instructed to enforce the act as mo'dified by the Court.
Mr. Biondo further reported his office was making the necessary revisions to the City's , Local Code in accordance with the legislative
changes and that the Clerk should give notice
to affected Boards, Commissions, and Committees.
Other Activity
Mr. Biondo reported on the results of a
recent motion involving an attempt by a defendan
to establish his rights to access to a police
officer's records. Mr. Biondo indicated his
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B .i, office vigorously asserts the confidentiality ': 1 of such records. 4 -1 9
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