HomeMy WebLinkAbout1980-12-02; City Council; MinutesCOUNCIL
MEETING OF : CITY COUNCIL (Regular Meeting)
TIME OF MEETING: 6:OO P.M.
CALL TO 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 Council Member Lewis.
APPROVAL OF MINUTES:
Minutes of the Work Study Session held November 15, 1980, were
approved as corrected.
PRESENTATIONS :
The Utilities/Maintenance Director gave a brief explanation of
the City's contract with the Carlsbad Boys and Girls Club to
pick up litter in the City, as a result of SB 650.and the Anti-
Litter Grant Funds. He then introduced Fred Cunningham, who
presented Council with T-shir-ts in orange with black letters
stating "I'm a Litter Gitter". It was noted that the members of
the Club would be wearing the shirts to promote the program and
safety for the members.
CONSENT CALENDAR:
Staff requested that Item No. 4 be removed from the Consent
Calendar; Council Member Kulchin requested that Item No. 13 be
removed from the Consent Calendar, and Council Member Anear
requested that Item No. 6 be removed from the Consent Calendar.
Council affirmed the action of the Consent Calendar, with the
exception of Items No. 4, 6 and 13, as follows:
1. WAIVER OF ORDINANCE TEXT READING.
Council waived the reading of the text of all ordianances and
resolutions before Council at this meeting.
(50) 2. AB /I6436 - RATIFICATION OF DEMANDS.
Council ratified payment of demands against the City in the
amount of $1,281,307.56 for the period November 14, 1980 through
November 21, 1980; payroll demands in the amount of $235,598.82
for the period November 10, 1980 through November 23, 1980; and
Housing Authority demands in the amount of $43,369.40 for the
period December 1, 1980 through December 31, 1980.
(81) 3. AB 86347 - RELOCATION OF 'UTILITY AND ACCESS EASEMENT.
Council authorized execution of a Quitclaim Deed by the Mayor,
and adopted the following Resolution:
RESOLUTION NO. 6373, ACCEPTING A GRANT DEED FROM RANCHO
CARLSBAD, A GENERAL PARTNERSHIP FOR GENERAL UTILITY AND
ACCESS EASEMENT PURPOSES.
(86) 5. AB /I6418 - Supplement #1 - PARK-IN-LIEU FEES ON KANG
PROPERTY.
Council accepted the appraisal and authorized staff to recalcula
the Kang park-in-lieu fees based on the fair market value of
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06) 7. AB 115904 - Supplement #3 - UNDERGROUND UTILITY DISTRICT N0.7
Council adopted the following Resolution:
RESOLUT'ION NO. 6375, AMENDING RESOLUTION NO. 6254, CHANGING
GROUND UTILITY DISTRICT NO. 7.
THE COMPLETION AND OVERHEAD POLE REMOVAL DATES FOR UNDER-
4) 8. AB 86438 - SPECIFICATIONS FOR ROOT PRUNING MACHINE.
Council adopted the following Resolution:
RESOLUTION NO. 6376, APPROVING SPECIFICATIONS AND AU.THORIZ-
ING THE PURCHASING OFFICER TO INVITE BIDS FOR A ROOT
PRUNING MACHINE.
(99) . 9. AB 86426 - Supplement 81 - TENTATIVE MAP AND CONDOMINIUY PERMIT - CT 80-21/CP-99. APPLICANT: BEHRENDSEN.,
Council adopted the following Resolution:
RESOLUTION NO. 6377, APPROVING WITH CONDITIONS TENTATIVE
TRACT NAP (CT 80-21) AND CONDOMINIUM PERMIT (CP-99) FOR A
10-UNIT CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF GARFIELD STREET AND JUNIPER AVENUE.
Council adopted the following Resolution:
'RESOLUTION NO. 6378, APPROVING WITH CONDITIONS TENTATIVE
TRACT MAP (CT 80-38) AND PLANNED UNIT DEVELOPMENT (PUD-22)
FOR A 20-LOT INDUSTRIAL SUBDIVISION ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, EAST OF
YARROW DRIVE.
(99) 11. AB 86427 - Supplement 81 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 80-39/PUD-23. APP.LICANT: ROMBOTIS.
Council adopted the following Resolution:
RESOLUTION NO. 6379, APPROVING TENTATIVE TRACT MAP (CT 80-39
FOR A 7 UNIT PLANNED UNIT DEVELOPMENT (PUD-23) FOR SAID
PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
VALENCIA AVENUE, NORTH OF PARK AVENUE.
(51) 12. AB /I6373 - Supplement 81 - PURCHASE OF FIRE APPARATUS AND
Council adopted the following Resolution:
RESOLUTION NO. 6380, ACCEPTING BIDS AND AUTHORIZING THE
EXECUTION OF CONTRACTS FOR THE PURCHASE OF FIRE APPARATUS
AND EQUIPMENT.
(45) 14. AB 86370 - Supplement 81 - STORM DRAIN AT OCEAN STREET AND
(93) CEDAR AVENUE - CONTRACT NO. 1086.
Council adopted the following Resolution:
RESOLUTION NO. 6367, ACCEPTING BIDS AND AUTHORIZING THE
EXECUTION OF CONTRACT NO. 1086 FOR CONSTRUCTION OF A STORY
DRAIN AT OCEAN STREET AND CEDAR AVENUE.
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ITEMS REMOVED FROM CONSENT CALENDAR:
('99) 4. AB /I6210 - Supplement #2 - FINAL ?IAP - CT 79-23, KUPFER.
Mayor Packard indicated this item is to be withdrawn from the
agenda at the request of staff. Council concurred.
(70) 6. AB 8910 - Supplement #27 - SWIM COMPLEX - CONSULTANT
AGREEMENT.
Council Member Anear questioned whether City staff could do the
job due to the high cost associated with the consultant.
The City Engineer responded noting the previous success with the
architect, and explained the desirability of having the option
to use the services if needed.
following Resolution:
RESOLUTION NO. 6374, APPROVING AN AMENDMENT TO THAT CERTAIN
AGREEMENT WITH BIRD, FUJIMOTO & FISH TO PROVIDE FOR MILEAGE
ALLOWANCE.
(57) '13. 'AB 86340 - Supplement #1 - CONSULTANT RECOMMENDATION, PARKS AND RECREATION ELEMENT/MACARIO CANYON PARK PLAN.
Council Member Kulchin questioned the reasoning for the proposed
choice of the firm of Iwanaga Associates, since they were not
the low bid.
Council Member Casler responded as a member of the selection
committee indicating that six consultants had been interviewed,
and Iwanaga Associates stood above all others. Mrs. Casler
further indicated they have a great deal of experience, excellen
recommendations, and had reduced their original price by $4,500.
Mayor Packard recommended Council approve the selection of the
consultant, but that the contract not be signed until after
Council has the opportunity to meet with the Park and Recreation
Commission and consultant to ensure an understanding of the
desired results.
Council approved the committee's recommendation and directed
staff to invite the firm to a workshop with the Parks and
Recreation Commission on Tuesday, December 9, 1980, at 6:OO P.M.
ORDINANCES FOR ADOPTION:
Council adopted the following Ordinance:
ORDINANCE NO. 9569, AMENDING TITLE 21 OF THE CARLSBAD
OF ZONE PROM R-1-7500 TO R-P ON PROPERTY GENERALLY LOCATED
ON THE NORTHEAST CORNER OF MADISON STREET AND ARBUCKLE PLACE
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(77) 16. AB 1'16389 - Supplement #1 - PLANNING FEES.
Council adopted the following Ordinance:
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS
20.08.010 AND 20.08.020 AND AMENDING TITLE 21, CHAPTERS
21.06, 21.38, 21.45, AND 21.54 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDTENT OF SECTIONS 21.06.060, 21.38.050,
21.38.120, 21.45.050, 21.45.160 AND 21.54.040 TO ESTABLISH
FEES FOR PROCESSING SUBDIVISION AND PLANNING APPROVALS.
ORDINANCES FOR INTRODUCTION:
(,113) 17. AB 86435 - Supplement 81 - LA COSTA MASTER PLAN, MF"149(E)
Staff advised they met in the afternoon of December 2, 1980, wi
members of the City Attorney's Office and the La Costa Land
Company. As a result of that meeting, an Errata Sheet had been
distributed to Council containing recommended changes, which
should be attached to, and made a part of the Master Plan.
Council Member Lewis stated he would be casting a negative vote
since he believed the item should have been scheduled for a
work study session to allow for adequate explanation and dis-
Council recognized Mr. Jim Goff, representing the La Costa Land
Company, who expressed support of the proposed Plan and the
changes contained on the Errata Sheet.
Council introduced the following Ordinance:
ORDINANCE NO. 9570, APPROVING THE LA COSTA MASTER PLAN
(MP-149 (E)).
PUBLIC HEARINGS:
aid of wall exhibits, Mr. Hagaman explained the elevations and
design of the proposed project.
tion to speak. Since no one wished to speak, Mayor Packard
closed the public hearing at 6:36 P.M.
(114) 19. AB 86440 - ZONE CODE AMENDMENT 128 - WINDMILLS EXCEEDING
HEIGHT LIMIT.
The staff report was presented by the Planning Director,
essentially as contained in the Statement of the Matter.
Council Member Kulchin expressed concern about the possibility
of windmills being built in profusion through the City.
Staff explained the requirement for compatibility with the
neighborhood would provide a method for controlling the number
and locations of windmills in the City.
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Mayor Packard opened the public hearing and extended the
invitation to speak. Since no one wished to speak on the
matter, the public hearing was closed at 6:40 P.M.
Council directed the City Attorney to prepare documents
approving ZCA-128, as per Planning Commission Resolution No.
DEPARTMENTAL AND CITY MANAGER REPORTS:
City Manager
(86) 20. AB #6441 - REQUEST FOR ASSOCIATION OF CARLSBAD TAXPAYERS
TO ADDRESS COUNCIL RE SEWER SURCHARGE.
Council recognized Mr. John Gray, 5451 Los Robles Drive,
representing the Association of.Carlsbad Taxpayers,. Mr. Gray
He stated the Association belief that the surcharge is a tax
since it will be used to pay for capital improvements, and as
such, can only be levied with concurrence of two-thirds of the
voters, in accordance with Article 13 of the California State
Constitution. Mr. Gray advised that the Association does not
object to the expansion of the Encina Water Pollution Control
Facility, but they object to the manner in which it is being
financed .
He concluded by submitted a petition to Council requesting that
the fee be rescinded. He also submitted excerpts from their
attorney which relate to the opinion that the fee is a tax.
Mayor Packard advised Mr. Gray that Council would respond
following receipt of a report from staff on the matter.
(97) 21. AB 86442 - LANDSCAPE MEDIAN DESIGN STANDARD.
The staff report was presented by the City Engineer, who, with
the aid of wall exhibits, explained the 3 types of medians and
the costs associated with each type. He also displayed a slide
presentation showing existing samples of the different types of
medians. He concluded by stating that the Parks and Recreation
Commission reviewed the matter and recommended median type
designated as Alternate B in the report. In response to
types of medians.
for Alternate B, and suggested that an option be available for
developers.
Council discussed the features of each alternative, as well as
projected maintenance cost would be reached at buildout, which
would be gradual.
In response to further Council inquiry, Mr. Evans stated the
prime arterials would contain medians, and while many would be
installed by developers, the City would be required to build
some which would be budgeted in the Capital Improvement Budget.
in the Agenda Bill.
COUNCIL
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City Manager
(78) 22. AB /I6443 - TEMPORARY CLOSING OF CITY STREETS FOR LOCAL
SPECIALTY EVENTS.
Council introduced the following ordinance:
ORDINANCE NO. 3122, AMENDING TITLE 10 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 10.57 TO PROVIDE
FOR TEMPORARY CLOSING OF CITY STREETS FOR LOCAL SPECIALTY
EVENTS.
(68) 23. AB 86444 - CALIFORNIA CONTRACT CITIES ASSOCIATION.
The staff report was presented by the City Manager, who explain
the purpose of the California Contract Cities Association, and
recommended Council join the Association.
Following brief discussion, Council filed the matter.
(44) 24. AB [I6446 -' PROPOSAL TO PROVIDE LEGISLATIVE SERVICES.
The staff report was presented by the City Manager, who outline
the proposal of Mr. McTighe, and referenced legislative,issues
of concern to the City.
Council discussed the possibility of utilizing a portion of the
services, but questioned the need for the entire proposal. It
was further noted that the closeness of Assemblyman Frazee's
Office and Senator Craven's Office, as well as the efforts of
the Chamber of Commerce, provide assistance on these matters.
Also discussed was the possibility of contratting for the
service for a 6-month period following a further review of the
proposed service to be provided.
Council requested the provision of further information and a
City Attorney
(78) 25. AB /I6445 - ORDINANCE REGULATING DISTRIBUTION OF MATERIALS
TO VEHICLES AND REGULATING DEMONSTRATION EQUIPMENT.
Council introduced the following Ordinance:
ORDINANCE NO. 3123, AMENDING TITLE 8 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.18 TO REGULATE
DEMONSTRATION EQUIPMENT AND BY THE ADDITION OF SECTIONS
8.25.050 AND 8.28.060 RELATING TO THE DISTRIBUTION OF
MATERIALS TO VEHICLES.
COUNCIL REPORTS:
Council Member Casler reported that the Encina Meter inspector
not yet been determined the degree of the error, but when the
meter is corrected, it will be recommended that an appropriate
reimbursement go to the City of Carlsbad.
Library Board of Trustees
Council Member Casler reported that the Board expressed concer
about the lack of funds in the CIP for a main library, and not
they have a committee studying the issue of a site.
I
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Senior Citizens' Association
Council Member Kulchin reported on the fund raising activities,
and indicated they would be having a Christmas Dance, to which
the Council is invited.
PRESENTATION :
Mayor Packard read and presented a Proclamation to Don Brown,
Director of the Chamber of Commerce, in appreciation of the
efforts and accomplishments of the Carlsbad Christmas Bureau.
CITY COUNCIL ADDITIONAL BUSINESS:
Community Swim Complex
differences on the pool agreement.
Council Member Casler reported that the Board would like the
land north of the pool returned to them as well as the strip
going to Basswood. She continued stating discussion was held
regarding the possibility of retaining a 35 foot strip of that
land for access purposes, and returning the remaining 45 foot
strip; and possibly returning the retained 35 foot strip to
.the district after three years if it is found that the access
to Basswood is not needed.
Council Member Casler continued to report that there was con-
siderable talk about the tennis courts. The noted that the
land on a playing field from another school which would enable
the City to build courts.
Mayor Packard stated the item would be placed on a future
agenda for Council discussion and consideration.
CITY MANAGER ADDITIONAL BUSINESS:
Beach Erosion
of Directors for the purpose of discussing the report on beach
erosion. He stated the report is now filed and Council will
be requested at a later date to consider the recommendations
contained therein.
they will approach this Council to see if there is willingness
to work with them to find a solution.
Mobile Home Rent
Council agreed that the matter be placed on the agenda for the
regular meeting to be held December 16, 1980.
ADJOURNMENT :
By proper motion, the meeting was adjourned at 8:20 P.M.
ALETHA L. RAUTENKRANZ, City Clerk
Ann Moyer, Minutes Clerk