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Home My WebLink About1981-01-06; City Council; MinutesPage 2 2 \ COUNCIL MEMBERS v Casler Anear Lewis Kulchin Page 3 January 6, 1981 1 i' ' . ORDINANCES FOR ADOPTION: 67)13. AB #6459 - REVISING PENALTY FOR VIOLATION OF CITY ORDINANCES. Council adopted the following Ordinance: ORDINANCE NO. 1236, AMENDING TITLE! 1 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 1.08 TO REVISE THE PENALTY FOR VIOLATION OF CITY ORDINANCES. (94)14- AB #3481 - Supplement #23 - PLAZA CAMINO REAL BOND SALE. (45) Council adopted the following Ordinance: (94)14- AB #3481 - Supplement #23 - PLAZA CAMINO REAL BOND SALE. (45) Council adopted the following Ordinance: ORDINANCE NO. 1237, APPROVING THE FORMAL ACT OF ENTERING INTO A LEASE WITH THE PARKING AUTHORITY OF THE CITY OF CARLSBAD . PUBLIC HEARINGS: \ l(-&$)i~ AB #6467 - ZONE CODE AMENDMENT REGARDING CONDOMINIUM CONVERSION ZCA-127. i ~~ . The staff report was presented by the Planning Director, essentially as contained in the Statement of the Matter. Vice-Mayor Casler opened the public hearing and extended the invitation to speak. Since no one wished to speak, Vice- Mayor Casler closed the public hearing at 6:09 P.M. Council Member Anear expressed concern about the length of time required for processing the condominium conversion. He also indicated his concern about the possibility of the requirements placing an unfair burden on the owner. The following Ordinances were introduced: J. :..' '. .. ORDINANCE NO. 9573, AMENDING TITLE 21, CHAPTER 21.47 OF THE CARLSBAD MUNICIPAL CODE (CONDOMINIUM AND CONDOMINIUM CONVERSIONS) BY MODIFYING SECTION 21 -47 -160 (2) TO EXTEND THE TIME PERIOD FOR TENANTS IN A PROPOSED CONDOMINIUM CONVERSION PROJECT TO HAVE AN EXCLUSIVE RIGHT TO PURCHASE AND BY ADDING A NEW SECTION 21.47.170 TO REQUIRE FINANCIAL RELOCATION ASSISTANCE FOR DISPLACED TENANTS. ORDINANCE NO. 9574, REPEALING ORDINANCE NO. 9547 AND ORDINANCE NO. 9548.. (99)16. AB #6468 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 80-41/CP-l35,'APPLICANT: WARD. The Planning Director gave a brief staff report on the matter, with the aid of wall exhibits, displaying the elevations and design of the project. Vice-Mayor Casler-opened the public hearing and extended the invitation to. speak. 7- 3 \ COUNCIL Y MEMBERS 1 Casler Anear Lewis Kulchin Casler Anear Lewis Kulchin Casler Anear Lewis Kulchin Casler Anear Lewis Kulchin .. Page 6 6 '/ COUNCIL - MEMBERS January 6, 1981 1 1 Council recognized Paul Graham, representing the La Costa Land Company. Mr. Graham expressed willingness to respond to any questions regarding required road development in the area. Since no one else-wished to speak, Vice-Mayor Casier closed the public hearing at 6:42 P.M. Council directed the City Attorney to prepare documents No. 1734. 4 approving CT 79-25 (A), per Planning Commiaaion Resolution I Casler Anear Lewis Kulchin i( 114)23. AB #6476 - AMEND PLANNING MORATORIUM - ZCA-130. .. I The staff report was presented by the Planning Director, essentially as contained in the Statement of the Matter. The City Manager referenced his memo to Council dated January 6, 1981, and explained the contents of same. The Assistant City Attorney,.Dan Hentschke, explained the opinion of the Attorney's office, with regard to the inclusion of the words, "or other similar," noting those words would relate to actions which are, in fact, similar to final maps. Vice-Mayor. Casler.opened the public hearing and extended the invitation to speak. Bob Ladwig, representing Rick Engineering, 3088 Pi0 Pico, Carlsbad; addressed Council. Mr. Ladwig questioned the effects of such an ordinance on items such as parcel maps, certificates of compliance, and boundary line adjustments. In response, the Assistant City Attorney indicated such items had not been considered. Therefore, the query would require further review. Council continued the matter for further review and preparation of appropriate wording in the document. I 105>4. AB #6331 - Supplement #1 - FUNDING FOR SEVENTH YEAR BLOCK GRANT PROJECT. f The Housing and Redevelopment Director gave a brief introduction to the matter, foliowed by a staff report by Administrative Assistant, Chris Saloione. With the aid of a flip chart, Mr. Salomone explained the application process, projects funded in the previous six years, the procedures followed for- the seventh year funding, and staff's recommendation. Council Member Anear expressed opposition to funding sidewalk acquisition, and expressed the feeling that an assessment district should be utilized. In response, the Housing and Redevelopment Director explained that an assessment district could be utilized for constructing sidewalks, but not for purchasing the right of way. He indicated that these funds would be utilized for the purchase of the necessary right of way. Vice-Mayor Casler opened the public hearing and extended the invitation to speak. Page 7 Page 9 9 \ January 6, 1981 COUNCIL \r - MEMBERS 1 (68) 30. AB #6479 - AMENDMENT TO JOINT POWERS AGREEMENT - SANDAG (CPO) (45) Council Member Kulchin expressed feeling that the $50. per meeting payment is sufficient. She further noted for the record that her remark was not intended as an adverse reflec- tion on the City representative. I Council Member Anear expressed the .opinion that elected officials do not run for office because of the monetary rewards. He, therefore, suggested that any Council Member attending such meetings should be reimbursed, only for actual expenses. I It was moved by Council Member Anear and seconded that effectiv the end of the current term of offices,'Council discontinue receipt of pay for attending the,meetings. Further, that if a committee appointee was designated to receive pay, any of the money in excess of actual Council Member expense, would be placed in the General Fund of the City. The motion'was later withdrawn. 'e Vice-Mayor Casler explained the time required for preparation and attendance at Coastal Commission meetings, and expressed the opinion, that the pay is justified. Council di,d not approve the Amendment to the Joint Powers Agreement,'referenced by Resolution No. 6404. I 1 I 1 .. City Attorney (75) 31. AB #6441'- Supplement #1 - PETITION RE CHARGES FOR SEWER SERVICE. The Assistant City Attorney gave a brief staff report on the matter, summarizing the contents of the memorandum dated December 4, 1980. Council directed that the matter be filed. Council agreed to hear Item No. 28 at this time: ,i 86) 28. AB #6478 - REQUEST TO ADDRESS COUNCIL BY LOWELL PEMBROKE I OF RANCHO PONDEROSA HOMEOWNERS' ASSOCIATION. Council recognized Mr. Steve Kissick, 7912 Las Nueces Place, Carlsbad; representing Rancho Ponderosa Homeowners' Association Mr. Kissick reference the County action, with regard to removal of SA 680 from the circulation plan. He further stated that as a result of reviewing the EIR for SA 680, the Association had determined that there existed no jus,tification for SA 680. Mr. Kissick urged that there be coordinated planning between the County and the City, and requested the opportunity to review the documents, which led-to Council determination of the need for SA 680. Cas ler Anear Lewis Kulchin Casler Anear Lewis Kulchin Page 10 lo F COUNCIL January 6, 1981 MEMBERS i 1 He further outlined the efforts of San Dieguito, to stop SA 680, and requested that Council consider the people in La Costa, and the possible effects which would be felt if a portion of SA 680 was built, and stops at El Camino Real. i,. Vice-Mayor Casler stated the matter, would be taken under advisement, should it arise for consideration at a later date. 5)32. AB #6338 - Supplement #1 - IMPLEMENTATION OF'EIR ORDINANCES. After a brief staff report by the Assistant City Attorney, the following Resolution was adopted: I RESOLUTION NO. 6401, AMENDING THE GUIDELINES TO IMPLEMENT Anear THE CITY OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE'OF Casler Lewis 1980 AS ADOPTED BY RESOLUTION NO. 6214 BY THE ADDITION OF 1 EXHIBITS H AND I. Kulchin Council introduced the following Ordinance: 1 ORDINANCE NO. 9575, AMENDING TITLE 19, CHAPTER 19.04 OF THE 'CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 19.04.070(f), .19.04.090, 19.04.091, 19.04.095, AND 19.04.11 AND BY THE ADDITION OF SECTIONS 19.04.092, 19.04.0.94, AND .BY THE REPEAL OF SECTION 19.04.170, TO REVISE PROCEDURES FOR REVIEWING PROJECTS CATEGORICALLY EXEMPT FROM TITLE 19. Central Services .~ ,(63)33. AB #6475 - APPOINTMENT TO LIBRARY BOARD OF TRUSTEES. ' Vice-Mayor Casler indicated this item would-be continued until the meeting of January 20, 1981, for consideration by the Mayor. Engineering (97)34. AB #6462 - INTERSECTION SPACING ON PRIME ARTERIALS. Vice-Mayor Casler indicated that the item would be continued at the request of staff, for further study. I City Manager ' r 92) 35. AB #63.26 - Supplement #1 - PALOMAR WASTEWATER RECLAMATION FACILITY. 1.' ' . , The City Manager,gave a brief report on the matter, indicating a che'ck in the amount of $25,000. had been .received from Koll Company to cover the cost of the study. Council authorized the City Manager to proceed with Phase No. 1 of the focused study report as outlined in the Don Owen letter of December 22, 1980,.and authorize staff to send requests for proposals for sewage treatment plant design services to qualified consultant firms. 0 Casler Anear Lewis Kulchin I I Casler Anear Lewis Kulchin Vice-Mayor 'Casler informed Council of a request to speak from Mr. Silas Bass, with regard to the moratorium, as it relates to Lanakai Lane Mobile Home Park. Council unanimously agreed .to allow. Mr. Silas Bass to adress Council. I I Page 11 11 \A COUNCIL r MEMBERS January 6, 1981 I (75) MOBILE HOME RENT MORATORIUM: Council recognized Mr. Silas Bass Jr., 6550 Ponto Drive, Carlsbad; representing residents of the Lanakai Lane Mobile Home Park. I Mr. Bass reiterated the Council action at the meeting of December 16, 1980, which exempted the Lanakai Lane Mobile Home Park from the protection of the 60 day moratorium. He requested that the Park be placed under the moratorium, due to an existing dispute on rent. He reference a petition, signed by the residents, which indicated that 87.22 per cent were dissatisfied. He further referenced a letter, presented to Council dated January 4, 1981, and outlined the contents of same. In response to Council query, he indicated the.rents had been increased, and the increase is paid by the residents. He expressed the desire from the residents to negotiate the rent increase, and. other grievances. I Vice-Mayor Casler stated that the purpose of the moratorium was strictly related to rent increases, not other factors. Mr. Bass read the heading of the signed petition, and presented?-same to the Council. Council discussion related to the statements made by Mr. Robi.nson, the owner of the Park, at the meeting of December' 16, 1980. Further Council discussion related to whether Mr. Robinson had been contacted regarding the dispute, and whether he was aware of, the residents' efforts to have the moratorium imposed in the .Park. Vice-Mayor Casler suggested, and Council concurred, that the residents contact Mr. Robinson in an effort to resolve the dispute. It was further noted that the item would be placed ' on the agenda for the January 20, 1981 meeting for Council consideration. Vice-Mayor Casler reiterated that the moratorium does not relate to other problems in the Park, but only to the rent increases, because of the financial hardships which could affect the health and welfare of the residents. COUNCIL REPORTS: Agricultural Committee Council Member Anear reported on the two meetings of the .e Agricultural Committee. 1 I Senior Citizens' Association / Council Member Kulchin reported that the Rotary is going to buy a van, and the High Nooners were going to provide the insurance. 1 CITY COUNCIL ADDITIONAL BUSINESS: I SA 680 Council Member Anear explained the need for the issue of: SA 680, to be reintr0duce.d before the Board of Supervisors, prior to January 13, 1,981. t: Page 12