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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 Page 2 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. Page 3 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 Page 4 (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. Page 5 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 Page 6 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 Page 7 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