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HomeMy WebLinkAbout1980-10-28; City Council; MinutesMeeti nq of: CITY COUNCIL (Adjourned Regular) IZOU&CIL 0 Time Date P1 a cc T 0 0 3 I " October 28, 1980 ROLL CALL was taken by the City Clerk: INVOCATION was given by Mayor Packardd PLEDGE OF ALLEGIANCE was 1 ed by Council Member Kulchin. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the Regular Meeting he1 d October 7, 1980, were approved as corrected. Minutes of the Adjourned Regular Meeting held October 14, 1980, were approved as presente.d. Minutes of the Regular Meeting he1 d October, 21 , 1980, were approved as presented. PRESENTATIONS A presentation was made on behalf of the Rotary Club by its President, Mr. W. H. Menching, and Rotarians Jack Jimminck a.nd Rex Wilson, to the following people in appreciation of their devoted and unselfish service: Mayor Ronald Packard, Council Due to the number of citizens in attendance due to- Item #37, said Item was taken out of order by Council for consideration -at this time. . 37. AB' #. 641 0 - REQUEST FOR MOBILE HOME RENT RELIEF. The City Manager gave a brief introduction and hi story of the matter. posed rent increases for the four major parks. Mayor Packard briefly reviewed the events and meetings that had taken place thus far to resolve the differences between the mobi:'le hone. park ownew and' their residents. He then-.sug- gested the establishment of a rent review committee in each park, and enumerated specific guidelines for the formation of such committees, as.contained.in Exhibit D to the Agenda Bill. Council recognized Marie L. Malone, 1600-44 E. Vista Way, Vista, CAY representing the Golden State Mobilehome Owners League, who indicated a preference for the establishment of an drdinance establishing a program for bringing together the owners and residents for discussion purposes to find a solu- tion. That failing, she suggested either party could request a licensed arbitrator whose fees would be paid by a users fee. She further suggested if the matter ended in court, the loser would pay court costs. I. COUNCiL -2- Council recognized Bert Castor, 725 E. Bradley Avenue, El Cajon, CA, representing the Western Mobilehome Association, who spoke in favor of voluntary arbi tration,and concurred with the suggestions of the Mayor. Council recognized C. Brent Swanson, 1800 -E. 17th Street, Santa Ana, CAY representing the Carlsbad Mobilehome Park Owners, who referenced the October 8, 1980 memorandum from the City Attorn to the City Manager and indicated disagreement with its inter- pretation of "emergency situation" and the existence of facts to support such'finding in the City of Carlsbad. He indicated that the type of arbitration suggested by Marie Malone would require legislation of very specific standards to assure pro- cedural due process and would also require additional expense. He concluded by expressing support for the Mayor's suggested Council recognized Will Hall, 7217 San Miguel, Carlsbad, the President of the Lakeshore Gardens Association. Mr. Hall gave a brief review of the history of the petition from the Lake- shore- Gardens residents, and stressed their position regarding the necessity of a moratorium on rents until the situation could be resolved. Council recognized Joe Bastone, 7225 San Lucas, Carlsbad, who referenced his meeting with the management of the Lakeshore Gardens Mobil ehome Park an.d indicated that an agreeable solu- tion had not been worked out and requested that Council take . action to conclude the matter by the formation of a. Fair Prac- . . tices Commis-sion as requested in the petition.. Counc.il ,recognized Jack Swern, 7217 San. Lucas, Carlsbad, CAY Gardens request for the moratorium on space rent and the . . who spoke with regard to the legal aspects of the Lakeshore .- gri evance committee. Counci 1 .recognized' Robert Swa.nson, 3553 Don Carlos Drive, Carlsbad, CAY president of the Rancho Carlsbad Golden State Mobilehome Owners League, .who indicated that the residents of Rancho Carlsbad did .not favor rent control , but rather some form of arbitration.. Council recognized Victor Bergquist, 7104 Santa Cruz, Carlsbad, CA, who expressed disagreement.with portions of the staff report and requested the moratorium be adopted. Council recognized Don Taylor, 1600-85 E. Vista Way, Vista, CAY president-elect of the Mobilehome Owners Executive Group #1, who commented on the various ways rent increases can be accom- plished. He requested rent regulation. Counci 1 recognized €41 ana Bastone, 7225 San Lucas , Carl sbad, CA who spoke with regard to the meeting of October 8, 1980, with the representatives -of the Birtcher Pacific Corporation, the managers of the Lakeshore Gardens Mobilehome Park. She requested the moratorium be established. Council recognized Fred Norman, 865 Grand Avenue, Carlsbad, CAY who concurred with the comments of Mr. Bergquist, and urged Council to be equitable to the mobilehome residents in their del i berations. .. COUNCfL i -3- October 28, 1980 Council reco ni zed Ken Reed, 4051 Sunn hi 11 , Carl sbad , CA re- presenting t#e owner of the Rancho Carjs'bad Mobilehome Park, wh concurred with the suggestions of the Mayor., Council recognized Donald Pender, 6612 Oceanview, Carlsbad, CA, owner of Solamar Mobile Estates, who concurred with the sugges- tion that any disagreements be resolved within each park. Council recognized Jack E. Robinson, 6550 Ponto Drive, Carlsbad CAY the owner of Lanikai Lane. Mobilehome Park, who indicated the park would remain during his and his heirs' lifetimes. In addition, -he agreed with the suggestions of the Mayor. Council recognized James Kosi k, ,1225 8th St. , #425, Sacramento , .CA, representing the Western Mobilehome Association, who con- curred with the suggestions of the Mayor and commented regard- ing the negative aspects of rent control in other areas of the State. Counciil recognized Joseph Tengler, 7214 San Bartolo, Carlsbad, CA, who commented with regard to the proposal of the Mayor, that it did not contain any input from the mobilehome owners.. Council recognized-Earle Collart, 3455 Don Juan Drive, Carlsbad CA, president of. the Rancho Carlsbad Civic Association, who requested that the Civic Association be involved in anything that involves contact with park management. .He suggested that management be requested to reveal- information to justify rent increases. Council recognized Roy Ward, 1207- "D" Elm Avenue, Carlsbad, CA, who spoke in -favor of the suggestions of the Mayor, and com- mented that the implementation of rent control .in the City of Carlsbad would seriously jeopardize financing. for and 1 imit future development of mobilehome parks in the City. He Council recognized Carl Neiswender, 3474 Don Juan Drive, Carlsbad, CA, -who re.commended the adoption of the rent mora- torium to allow tim.e to establish a Fair Practices Commission to resolve issues. ' Council discussion followed, with the Mayor reiterating his concern re rent control and his preference for a solution on a vol untary basis. Council Member Anear commented on the necessity of insuring that the park owners as well , do not suffer, and are ab1 e to recover their operating costs and see a fair profit on their investments. Council Member Lewis indicated his concern for the mobilehome owners and his concurrence with the comments of Mr. Neiswender. Mayor Packard suggested obtaining agreement ffom all park owners that no increase would occur prior to January 1 , 1981, in order to eliminate the need for a moratorium. Council Member Kulchin commented on her thoughts on the matter of rent control, her concern for the needs .of the mobilehome park residents, and her preference that the park owners first be given the opportunity to agree in writing, not to 'raise COUNCSE 0 E50 - I -4- space rent until January 1, 1981 , so that a committee formed in each park could work to resolve the disagreements regarding the increases, as proposed by the Mayor. Council Member Casler commented with regard to the fact that most of the persons who had addressed Council had not favored rent control , but felt the need for a temporary measure to freeze the mobilehome rents. She indicated her support of the idea to form a committee in each park to deliberate the matter and suggested that any decisions relative to rent increases require a 4-1 vote of said committee, and that some form of arbitration be established in the event that the committee are not ab1 e to reach a decision. Mayor Packard then inquired if the park owners would agree, in writing, not to raise the space rents for a period of two months. Owners of Rancho Carlsbad, Solamar and Lanikai Lanes all agreed to such a suggestion. The representative of Lake- shore Gardens was not authorized to respond. Council adopted. the following Ordinance: WITHIN THE CITY OF CARLSBAD FOR A PERIOD OF TWO MONTHS BEGINNING OCTOBER 28, 1980. a.11 residents in the park, two members appointed by the manage- ment, and a fifth member to be selected by the other four mem- bers. ' Such committees are to meet and reach a settlement prior to January 1 , 1981 ; on the rent increase. issue; and such com- mittee decision should be the result of a 4-1 vote. decision. RECESS : Council recessed at 9:00 P.M., and reconvened at 9:12 P.M., with all members present. By consensus of Counci 1, Items No. 33, 34 , (inser%ing the names of Counci 1 Member Anear and the City Manager) , 35 and 39, (inserting the name of Carl Neiswender) , were added to the Consent Calendar. CONSENT CALENDAR: his abstention on Item No. 8 1. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all ordinances and resolutions before Council at this meeting. 2. AB ,#6391 - RATIFICATION OF DEMANDS. COUHCfL F C811 C451 W1 C991 1501 .Dl - @[I 12 c291 t -5- of $226,934.80 for the period September.29, 1980 through Octo- ber 12, 1980. 3. AB #6392 - CONTINGENCY ACCOUNT ALLOCATION TO COVER SALARY ADJUSTMENTS FOR FISCAL YEAR 1980-81. Council adopted the following Resolution: RESOLUTION NO. 6330, TRANSFERRING FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT AND APPROPRIATING AMOUNTS FROM VARIOUS OTHER FUNDS FOR SALARY AND BENEFIT COST INCREAS 4. AB #6173 - Supplement #3 - STREETSCAPE IMPROVEMENTS AT GRAND AND STATE - CONTRACT NO. 1075. Council accepted the work and. directed the City Clerk to record the Notice of Completion and release bonds thirty-five days after recordation. 5. AB #582.l - Supplement #4 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 79-1 - PALOMAR AIRPORT BUSINESS PARK. Council accepted the public improveme.nts, directed staff to commence maintenance, record the Notice of Completion and re1 ease;! appl icabl e bonds. 6. AB #6282 - Supplement #2 - FINAL MAP - CT 80-7. Counc’il approved the final map of Carlsbad Tract 80-7. 7. AB #6393 - REQUEST FOR REFUND. Council approved the payment of a request for. refund for $2,398.00 overpayment of school fees to Brigitte Schultheis. 8. AB #6378 - Supplement #1 - CT 80-28/CP-110 - APPLICANT: PULLMAN. RESOLUTION NO.. 6331, APPROVING WITH CONDITIONS CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT ON THE EAST SIDE OF GIBRALTAR STREET, IN LA COSTA. TENTATIVE SUBDIVISION MAP (CT 80-28) FOR A 17-UNIT (C.P-110) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED 9. NUMBER NOT USED. 1, 10. AB #5220 - Supplement #3 - WEED ABATEMENT ADMINISTRATIVE FEES. 11. AB #6394 - CORRECTIONS TO 1980-81 BUDGET. Council adopted the following Resolution: RESOLUTION NO. 6332, TRANSFERRING FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT TO CORRECT BUDGET OMISSIONS. COUQICIL c901 I -6- October 28, 1980 12. AB #6395 - ELECTRIC SERVICE TO SCHOOL DISTRICT. Council authorized the execution of a deed granting a revised easement over the pool property to supply electrical service to the Cultural Center. 13. AB #6396 - ACCEPTANCE OF A DONATION. Council adopted the following Resolution: RESOLUTION NO. 6333, ACCEPTING A DONATION OF ONE THOUSAND DOLLARS. 14. AB #6409 - CROSSING GUARD AT EL CAMINO REAL AND TAMARACK AVENUE. Council adopted the following Resolution: RESOLUTION NO. 6337, TRANSFERRING FUNDS FROM THE GENERAL. FUND CONTINGENCY ACCOUNT FOR CROSSING GUARDS. 15. AB #6408 - TRANSFER OF FUNDS - STORAGE FACILITY. Council adopted the following Resolution: RESOLUTION NO. 6336, AUTHORIZING THE TRANSFER OF FUNDS FOR THE RENTAL OF A COMBINED STORAGE FACILITY. 16. NUMBER NOT USED. 33. AB #6383 - PROPOSED AMENDMENTS TO CPO JOINT POWERS AGREEMENT. Council adopted the following Resolution: RESOLUTION NO. 6325, AUTHORIZING' THE MAYOR TO EXECUT.E A THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT WHICH ESTABLISHED THE COMPREHENSIVE PLANNING ORGANIZATION. 24. AB #6384 - ASSOCIATION OF WATER RECLAMATION AGENCIES. Council appointed Counci 1 Member Anear and the City Manager, Frank A1 es hi re , as. delegates. 35. . AB '#6407 - ,PROPOSITION 1 - CALIFORNIA PARKLANDS ACT OF 1980. Counci 1 adopted the foll.owing Resol ution: RESOLUTION NO. 6335, SUPPORTING PROPOSITION ONE MHICH 39. AB #6388 - APPOINTMENT TO SAN DIEGO COUNTY FLOOD CONTROL COMMISSION - ZONE 1. Council adopted the following Resolution: RESOLUTION NO. 6328, RECOMMENDING THE APPOINTMENT OF A COMMISSIONER. TO'THE 6AN: DIEGO COUNTY 'FLOOD CONTROL DISTRICT FOR ZONE 1 . -7- COUNCIL 4 @9 c + CITY of CARLSBAD 90%0%cc ~~ +G%G% October 28, 1980. &.A@ rr))r ORDINANCES FOR ADOPTION: 17. AB #6351 - Suppl ement #1 - BIKE ROUTES. Council adopted the foll owing Ordinance: ORDINANCE NO. 3121 , AMENDING TITLE 10, CHAPTER 10.40 BY THE ADDITION OF SECTION 10.40.043 OF THE CARLSBAD MUNICIPAL CODE TO RESTRICT PARKING ON CERTAIN PARTS OF ELM AVENUE. ORDINANCES FOR INTRODUCTION: 18. AB #6337 - Supplement #1 - CARLSBAD RESEARCH CENTER SPECIFIC PLAN - SP-180 - APPLICANT: KOLL COMPANY. The City Attorney noted the wording suggested by the City Manager, which would be a major change, and stated the need for re-introduction. Council re-introduced the following Ordinance: ORDINANCE NO. 9561, APPROVING A SPECIFIC PLAN (SP-180) FOR AN INDUSTRIAL AND RESEARCH PARK ON APPROXIMATELY 558 ACRES TO BE KNOWN AS CARLSBAD RESEARCH CENTER, GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, NORTH OF PALOMAR AIRPORT ROAD. 19. AB #6377 - Supplement #1 - ZONE CHANGE FROM S-90 TO R-1-10,000-Q - ZC-214 - APPLICANT: SUDAN INTERIOR MISSION. Council introduced the following Ordinance: ORDINANCE NO. 9563, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PREANNEXATION CHANGE OF ZONE FROM S-90 SAN DIEGO COUNTY TO R-1-10,000-Q TO ALLOW SUBSEQUENT ANNEXATION AND DEVELOPMENT IN CITY ON 12.36 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF LAUREL TREE ROAD, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: SUDAN INTERIOR MISSION. 20. AB #6376 - supplement #1 - MOBILEHOME PARK ZONE. Council introduced the following Ordinance: . ORDINANCE NO. 9564, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 21.04 AND THE ADDITION OF CHAPTER 21.37 TO PROVIDE FOR A RESIDENTIAL MOBILE HOME PARK ZONE. PUBLIC HEARINGS: 21. AB #6397 - ZONE CHANGE FROM L-C TO M - ZC-208 - APPLICANT: COUNTY OF SAN DIEGO DEPARTMENT OF TRANSPORTATION. The staff report was presented by the Planning Director. With the aid of transparencies depicting the location of subject property, he referenced the types of acceptable uses and gave a brief history of the annexation of the Airport essentially as contained in the "Statement of the Matter",and emphasized that the application did not deal with the expan- sion of the Aiport. Mayor opened the public hearing at 9:24 P.M., and inquired if anyone wished to speak on the matter. COUi4-cLL I - ~. C991 C991 Council recognized Phil Safford, representing the applicant, the San Diego County Department of Transportation, who concurred with the .staff recommendation and responded to questions, from Council regarding the matter. Council recognized Jim Simmons, 624 Kaylyn Way, San Marcos, CA, who indicated his concern that the proposed change of zone and Conditional Use Permit would lessen the ability for Counci 1 to Council recognized Ted Vallas, 3002 Vista Nay, Oceanside, CAY who indicated' that he is the operator of a helicopter business at Palomar Airport and that he intends to construct a hangar and he1 ipads at subject location. Council recognized Margaret E. Vai 11 , 1721 La F1 ora Drive, San Marcos, CAY who referenced the past Council action re the expan- sion of the Airport and indicated concern that the change of zoning would permit an increase of activity at the Airport and have a negative .effect upon the residents of Carlsbad and the Council recognized Mrs. Russell Grosse, 5850 Sunnycreek.Road, Carlsbad, CAY who indicated that as a resident of Carlsbad living near the Airport she was concerned also that the change of zone would allow'an increase of activity at the Airport that would have a negative effect on nearby residents,. because it would lessen the ability of Council to closely control the d,evelopment of the Airport- through d-iscretionary approvals. She also referenced an article from the Carlsbad Journal re the Airport and Hughes He1 i copters, and, expressed. concern about same. .. . hearing at 9:37 P.M. The City Attorney, in-further response, stated the Ordinance which resulted from the initiative petition applies to acquisi" ti on of additional property to expand' the Airport. Following discussion, Council directed the City Attorney to prepare documents approving ZC-208, per Planning Commission Resolution No. 1698. Counci 1 agreed that the foll owing items would be considered simultaneously: 22. AB #6398 - CT 80-33 - 9 LOT TENTATIVE TRACT MAP - APPLICANT: WORLEY. .. and 23. AB #6399 - CT.80-34 - 12 LOT TENTATIVE TRACT MAP - APPLICANT: WORLEY. The staff report was presented by the Planning Director, with the aid of transparencies depicting the location of the projects. He briefly outlined the information contained in the "Statement of the Matter , including the staff recommendation and the -9- CIT!Eof CAR&SBAD October 28, 1980 :1133 :1131 suggestions of the City Manager. He then responded to questior from the Council. Mayor Packard opened the public hearing at 9:53 P.M., and inquired if anyone wished to speak on the matter. Council reqognized Bernard Gilmore, representing the applicant, who concurred with the recommendations. Since no one else wished to speak, the public hearing was closed at 9:54 P.M. Following discussion, Council: Directed the City Attorney to prepare docunents approving CT 80-33, per Planning Commission Resolution No. 1697, with the elimination of Conditions No. 17 and 18; Directed the Ci,ty Attorney to prepare documents approving CT 80-34, per Planning Commission Resolution No. 1700, with the elimination of Conditions No. 24 and 25. AB #6400 - ZC-216 - ZONE CHANGE FROM R-1-7500 TO R-P - &LIC*NT: WLL~Y. The staff report was presented by the Planning Director with the aid of transparencies depicting the location of the pro- ject. He indicated that the proposed zone change would bring the property into conformance with the General Plan and then responded to questions from Council. The Mayor opened the public hearing at 10:00 P.M., and inquire if anyone wished to speak on the matter. Council recognized R. L. Malloy, 2967 Carlsbad Blvd, Carlsbad, CA, the applicant, who concurred with the staff recommendation. Since no one else wished to speak, the Mayor closed the public hearing at 1O:Ol P.M. Council directed the City Attorney to prepare documents approving ZC-216, per Planning Consnission Resolution No. 1696. 25. AB 86401 - CONOOMINIUM PERMIT - CP-125 - APPLICANT: MAYER. The staff report, essentially as contained in the "Statement of the Matter" , was presented by the Planning Oirector with the aid of wall exhibits and transparencies. He then respondel to questions from Council regarding the width of, and parking problems on Cove Street, and explained amenities of the projec Mayor Packard opened the public hearing at lo:06 P.M., and inquired if anyone@shed to speak. Council recognized Janis Libuse, 1320 Grand Avenue, 815, San Marcos, CA, representing the applicant, who concurred with the staff report and responded to.questions from Council with regard to the Coastal Commission approvals for the project. btion Syes Wion lY= Motion 9v= COUNCIL -1 0- October 28, 1980 Since no one else wished to speak, the Mayor closed the public hearing at 10:08 P.M. 26. AB#6402 - ZONE CHANGE, TENTATIVE MAP AND OFFICE CONDO- MINIUM PERMIT - ZC-205/CT 80-40/CP-130 - APPLICANT: FREEHOF. The staff report , essentially as contained in the "Statement of the Matter", was presented by the Planning Director. He also referenced the area on a wall exhibit proposed for parking prohibition. Mayor Packard opened the publ ic hearing at 1O:ll P.M. , and inquired if anyone wished to speak on the matter. Council regognized Bert Freehof, 3030 Harding St., Carlsbad, CAY the applicant, who concurred with the staff recommendation and briefly described certain amenities to be utilized on the pro- ject. He then responded to questions from Council regarding the project. He expressed agreement with the proposed parking restrictions. Since no one else wished to speak regarding the.matter, the Mayor closed the publ ic hearing at 10:15 P.M. Council directed the City Attorney to prepare documents approving ZC-205/CT 80-40/CP-130, with the condition that the tentative map approval would not be effective until the zone change is in effect. 27. AB #6403 - HOUSING ELEMENT - GPA-54. A brief history of the matter was presented by the Planning Director. The staff report was then presented by Charles Grimm, of the Planning Department, the project manager, including an explana- tion of the issues of rent control , resale regulations,.density and HCP certification of the Housing Element as identi'fied in the memorandum dated October 1 , 1980. He then responded to questions from Council regarding the HCD requirements, provi- sions for condominium conversions and payment for relocation of residents due to conversions. Council Member Casler suggested, and Council concurred, that a change be made on Page 17, regarding condominium conversions, to read "payment toward re1 ocation", rather than "payment for relocation". Council Member Casler suggested, and Council concurred, that Mayor Packard opened the public hearing at 10:40 P.M., and inquired if anyone wished to speak. Since no one wished to speak, the public hearing was closed at 10:47 P.M. COUNCIL -11 - U 57 - '1 October 28 , 1980 The City Attorney explained legislative requirements for a Housing Element if approved, or if not approved by HCD prior to October , 1981 . Council Member Anear expressed concern about increasing density while decreasing parking. Following discussion, Council directed the City Attorney to tions included in the Planning Director's Memo of October 1 , 1980, to the City Manager. 28. AB #6404 - AMENDMENT OF PARKS AND RECREATION ELEMENT - GPA-56. The Planning Director gave a brief report on the matter with the aid of a transparency showing a map of the proposed park changes in the City. Council Member Anear suggested that Stagecoach Park be deleted from the Parks and Recreation Element. He suggested that it may be more desirable to have smaller parks located in various sections of the City as opposed to developing one large park which would be close to the Carl sbad City boundary, and would possibly be uti 1 ized by people other than residents of the City He noted the possibility of using the school playground on a joint basis in that area, and the high cost estimated for development of Stagecoach Park. He concluded by indicating his feeling that City parks should benefit the residents of Carlsbad, and he suggested negotiating for park land in another area in exchange for Stagecoach Park. The City Attorney, in response, indicated that an agreement is in existence with the La Costa Land Company which requires the dedication of Stagecoach Park. He also indicated that develop- ments would be coming before Council with dedications of por- tions of Stagecoach Park as a condition for approval, and in accordance with the agreement. He concluded by indicating if Council wished to reconsider the desirability of Stagecoach Park, many legal steps would be necessary. The Mayor expressed the desire for the matter to be further discussed prior to elimination of Stagecoach Park, and sug- gested that the matter be placed before Council. Mayor Packard opened the pub1 ic hearing and inquired if anyone desired to address Council regarding this matter. Jim Goff, representing the La Costa Land Company, urged Council to adopt the' amendment as presented. He stated that those changes currently proposed in the amendment had already been incorporated in the work on the amendment of the La Costa Master Plan. He further indicated that the matter of Stage- coach Park could be discussed and/or reconsidered at a later date. . . - , , , . . . .. . . .. - .. . . . .~. . -...... .._. .. " ."" .~ .."."_ . ." _".... ...... .. """. ~ ".- "-... ....,__.-___. ..~ -.._ -."I".I .,_._.Y,."I.._ ".- .. . . COUNCIL -1 2- There being no further public testimony, the public hearing was closed a't 10:55 P.M. Council directed the City Attorney to prepare documents approvi ng GPA-56. HOUSING AND REDEVELOPMENT: Council adjourned to the Housing and Redevelopment Commission at 10:56 P.M., and reconvened at 10:57 P.M., with five members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 29. AB #6405 - LAKE CALAVERA HILLS SEWER SERVICE AREA MORATORIUM. A brief staff report was given by the City Manager. The City Engineer then responded to questions from Council regarding the matter. Council recognized John McCoy, 390 Oak, Carlsbad, CA, who commented that he felt that other developers in the same sewer service area should be given equal treatment, and be loaned sewer capacity . Council recognized Ed Elliott, McMillin Development, 30th 81 "B" Avenue, National City, CA, the developer of Templin Heights , who indicated that this project has been caught in the sewer moratorium since April of 1977, and that the approval of Council was now necessary so that they could begin processing. Following discussion, Council accepted the staff recommenda- tion and adopted the following Resolution: RESOLUTION NO. 6340, APPROVING THE TEMPORARY ASSIGNMENT OF 333 EDU's OF ENCINA SEWER CAPACITY TO THE QUAIL RIDGE AND TEMPLIN HEIGHTS SUBDIVISIONS. Council also expressed the opinion that any developer in the Lake Calavera Hills Sewer Service Area should be treated equally and all owed to process their projects through the City. 30. AB #6406 - CITY OF CARLSBAD STANDARDS FOR PUBLIC WORKS. A brief report was presented by the City Manager, who responded to Council query stating the section of interest to the Parks and Recreation Commission was removed and would be considered at a later date. Council adopted the following Resolution: RESOLUTION NO. 6334, ADOPTING STANDARDS FOR THE DESIGN AND CONSTRUCTION OF PUBLIC WORKS IMPROVEMENTS IN THE CITY OF CARLSBAD. -1 3- COUNCIL October 28, 1980 Council Member Anear indicated his concerns regarding this matter related to his previously voiced opinion about Stage- coach Park. Council approved the agreement between the San Dieguito High School District and the La Costa Land Company. In response to Council inquiry, the City Attorney stated that if Council is considering exchanging Stagecoach Park for park land elsewhere in the City, the wording on the deed would make a difference in the legal steps necessary to facilitate such exchange. same . Council approved the final map for CT 75-9 B. * See condition on Page 14. City Manager 32. AB #6382 - APPEAL OF CITY-MANAGER'S DECISION TO REQUIRE STREET IMPROVEMENTS - APPELLANT: JULLIAY. The City Manager presented a brief staff report on the matter, and indicated that his office had received some complaints on the matter. Council recognized Mr. Christian Julliay, 357 Elkwood St., Imperial Beach, CA, the appellant. With the aid of photos, he explained the problem, and his request re the street improve ments, He also distributed a list of neighboring residents who agreed with his proposed slope. He then responded to questions from Council. Following discussion, Council granted the appeal of the City Manager's decision, and deferred the work on public right of 33. AB #6383 - PROPOSED AMENDMENTS TO CPO JOINT POWERS AGREEMENT. This item was heard as part of the Consent Calendar. 34. AB #6384 - ASSOCIATION OF WATER RECLAMATION AGENCIES. This item was heard as part of the Consent Calendar. Parks and Recreation 35. AB #6407 - PROPOSITION 1 - CALIFORNIA PARKLANDS ACT OF 1 980. This item was heard as part of the Consent Calendar. -1 4- COUNClL I October 28, 1980 Personnel 36. AB #6411 - AMENDMENT TO PERS CONTRACT. FOR MISCELLANEOUS EMPLOYEES. Council introduced the following Ordinance: ORDINANCE NO. 1234, AUTHORIZING AN AMENDMENT TO THE TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. CONTRACT BETWEEN CITY COUNCIL AND THE BOARD OF ADMINIS- Council adopted the following Resolution: RESOLUTION No. 6339, RESOLUTION OF INTENTION TO APPROVE TRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD. AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINIS- ITEM NO. 31 CONTINUED The City Attorney reported to Council that the existing grant deed grants twelve acres of Stagecoach Park in accordance with the Tentative Map condition and pursuant to the La Costa Parks Agreement. In response to the expressed concern that Stage- coach Park may not be the desirable location for a park, and that Council may prefer in the future to trade the park for park land elsewhere in the City, he stated it would be possible to do so by indicating approval of the final map is contingent upon receipt of a deed which would not deed the land specifi- cally for park purposes. In addition, the Resolution accepting deed would authorize the Clerk to record 'the newly worded deed. The Resolution, he continued, would also note that the grmting of the 12 acres' would satisfy the ob1 igations of the developer as outlined in Condition 3 of Resolution No. 6200, the Parks Agreement. Council adopted the following Resolution, subject to changes in the wording re the park site: RESOLUTION NO. 6338, ACCEPTING A GRANT DEED FROM THE TRUSTEES OF CENTRAL STATES, SOUTHWEST AREAS PENSION FUND. 9 * Council concurred that approval of the Final Map is condi- tioned with the understanding that the City Engineer wi 11 not sign the map until the newly worded deed is received and approved by the City Attorney. Ho us i ng and Redevel oprnen t " 37. AB #6410 - REQUEXT FOR _____-"" MOBILE HOME RENT RELIEF. This matter was taken out of order and heard at the beginning of the meeting. t -1 5- COUNCIL Qf October 28, 1980 B Central Services [76] 38. AB #6363 - APPOINTMENT TO PLANNING COMMISSION. Council adopted the following Resolution: RESOLUTION NO. 6305, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PLANNING COMMISSION, such member being Stephen L ' Heureux. EXECUTIVE SESSION Mayor Packard called an Executive Session at 11 :31 P.M. for the purpose of discussing litigation. Council reconvened at 11 :40 P.M. with all Council Members present, and the Mayor announced that litigation had been discussed and no action taken. ADJOURNMENT By proper motion, the meeting was adjourned at 11:40 P.M. to Tuesday, November 4, 1980, at 6:OO P.M., in the City Council Chambers. Respectfully Submitted, (lALdX4 1. 8- t?* ALETHA L. RAUTENKRANZ, City C1 erk Karen R. Stevens, Recording Secretary I