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Home My WebLink About1981-04-07; City Council; Minutes- *c * MEETING OF : ' CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 7, 1981 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: Council Chambers t CALL TO ORDER was made by Mayor Packard at 6:Ol P.M. ROLL CALL was taken by the City Clerk: P.resent - Packard Casler Anear Kulchin Lewis m. INVOCATION was given by Mayor Packard. /I I PLEDGE OF ALLEGIANCE was led by City Manager Frank Aleshire. .. 1 APPROVAL OF MINUTES: (Approved by One Motion) Minutes of the Adjourned Regular Meeting, held March 10, 1981, were approved as submitted. Minutes of the Regular Meeting, held March 17, 1981, were approved as submitted. Minutes of the Joint Meeting with the Library Board of .Trustees, held Narch 24, 1981, were approved as oarrected, Council Member Lewis indicated he would abstain from the vote on the minutes of the Regular ,Meeting, held March 17, 1981, as he was absent at that meeting. CONSENT CALENDAR: Councii.:"ember Casler indicated she wanted Items No. 3 and 9 removed from the Consent Calendar for discussion. Council- affirmed the action of the Consent Calendar, with the exception of Items No. 3 and 9, as follows: WAIVER OF DOCUMENT TEXT READING .Council,waived the 'reading of the text of all Ordinances and Resolutions before Council at this meeting. [50] 1. AB #6547 - RATIFICATION OF DEMANDS. Council ratified payment of demands against the City.in the amount of $870,561.36 for the.period March 13, 1981 thru ' March 27, 1981; payroll demands in.the amount of $235,212.31, for the period March 2, 1981 thru March 15, 1981; and Housing Authority demands in the amount of $4.2,821.26, for the.period March 13, 1981 thru March 27, 1981: sp. [99] 2- AB #6399 - Supplement #2 - FINAL MAP - CT 80-34 - PALOMAR AIRPORT BUSINESS PARK. Counc'il approved the final map'of Carlsbad Tract 80-34. '~~91 4. AB #6224 - Supplement #l - FINAL MAP CT 80-2 - STOJIC. Council approved the final map of Carlsbad Tract 80-2. ,1991 .5* AB #5136 --Supplement #2 - FINAL MAP - CT 77-8(A) - DOVE LANE. Council approved the final map of Carlsbad Tract 77-8A. I 9% p COUNCIL MEFIBERS Packard Casler Anear Kulchin . Lewis Eackard Casler Anear Kulchin Lewis ~ ~ .& ' CITY COUNCIL April 7, 1981 * Page 2 ~-T; e 19 31 199 1 [701 1 6. AB #6318 - Supplement #4 - FINAL MAP - CT 79-28 - SWALLOW LANE. Council approved the final map of Carlsbad Tract 79-28. 7. AB #5182 - Supplement #16 - CARLSBAD BOULEVARD BZKEWAY PROJECT . Council adopted the following Resolution: RESOLUTION NO. 6474, ACCEPTING A DEED OF PARTIAL FZCONWYANCE. 8. AB #6548 - WALNUT AND SYCAMORE STORM DRAINS - CONTRACT NO. 1092. Council adopted the following Resolution: RESOLUTION NO. 6475, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR CONSTRUCTION OF THE WALNUT AND SYCAMORE STORM DRAIN - CONTRACT NO. 1092. ITEMS REMOVED FROM CONSENT CALENDAR: 3. AB #6398 - Supplement #2 - FINAL MAP - CT 80-33 - PALOMAR AIRP0,RT BUSINESS PARK. Council Member Casler indicated when this matter was brought before the Coastal Commission, there was a condition put on the granting of the permit, in that siltation would be the responsibility of the City of Carlsbad; and she wanted.to ascertain that the City was aware of same: Les Evans, the City Engineer, responded that normally, the Coastal Commission enforces its! own conditions; however, the City .is responsible for, checking the siltation, but was not asked to maintain it. The developer will be responsible for maintaining the basin, which he designed. Following discussion, Council approved the final map of Carlsbad Tract 80-33. 9. AB #6549 - BECYCLE LANES. Council Member Casler questioned the proposed bike lane on Chestnut Avenue from Monroe Street to El Camino Real, and.that the project consisted of road widening. Les Evans responded that at such time as. a proposal is finalized, it'would be presented to Council for consideration. The funding for the bike lanes could then be set aside and utilized at such time as widening is required on Chestnut Avenue. Mr. Evans also noted the existence of similar . circumstances'on Jefferson Street. Council adopted a motion approving the City's request for Transportation Development Act 2% monies to develop bike lanes on Harding Street from Chestnut.to Magnolia; Chestnut from Monroe to El Camino Real; and Jefferson from Marron to Las Flores. $75 y COUNCIL MEMBERS Packard Casler Anear Kulchin Lewis Packard Casler , Anear r Kulchin Lewis I 7' > 76 / CITY COUNCIL April 7, 1981 courw.. I' MEMBERS Page 3 ORDINANCES FOR TNTRODUCTION: [1131 10. AB #6539 - Supplement #1 - ZONE CHANGE - ZC-215 - APPLICANT: UKEGAWA. Council introduced the following Ordinance: ORDINANCE NO. 9586, AMENDING TITLE 21 OF THE CARLSBAD ' MUNICIPAL CODE BY AMENDING THE ZONING 'MAP TO GRANT A PRE- ,l. ANNEXATION CHANGE OF ZONE (ZC-215) FROM E-I-A SAN.DIEG0 COUNTY TO P-M-Q (PLANNED INDUSTRIAL) TO ALLOW SUBSEQUENT ANNEXATION AND DEVELOPMENT IN CITY ON APPROXIMATELY 13.5 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD, EAST OF LAUREL TREE ROAD. APPLICANT: UKEGAWA. Packard Cas ler Anear Kulchin Lewis I ORDTNANCES FOR ADOPTTON: 1 11. AB #6528 - Supplement #1 - ZONE CHANGE 0F.EXISTING CITY OF CARLSBAD. [1131 MOBILEHOME PARKS TO THE RMHP ZONE. - ZC-227 - APPLICANT: Council adopted the following Ordinance: ORDINANCE NO. 9581, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING ,MAP TO GRANT A CHANGE OF ZONE qZC-227) FOR FOUR EXISTING MOBILEHOME PARKS IN THE CITY OF CARLSBAD FROM.RD-M, R-1-10,000, R-l-l0,000, AND R-A-10,OOO TO RMHP (RESIDENTIAL MOBTLEHOME PARK.) APPLICANT: CITY Or, CARLSBAD. 12. AB #6524 - Supplement #1 - ZONE CHANGE AND SPECIFIC [1131 PLAN AMENDMENT - ZC-219/SP-23(.C) - APPLICANT: CALIFORNIA "6" .MOTEL. . Council adopted the following Ordinances: (By one motion.) ORDINANCE NO. 9582, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL .CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (zc-219) FROM M ( INDUSTRIAL) TO CT-Q (COMMERCIAL- TOURIST) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, SOUTH.OF PALOMAR AIRPORT ROAD. APPLICANT: CALIFORNIA "6" MOTELS. ORDINANCE NO. 9583, ADOPTING AN AMENDED SPECIFIC PLAN FROM SAID SPECIFIC PLAN GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: CALIFORNIA "6" MOTELS. 13. AB #6526 - Supplement ?1 - ZONE CHANGE - ZC-229. - ill3] APPLICANT: CITY OF CARLSBAD. Council adopted the following Ordinance: ORDINANCE NO. 9584, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-229) FROM R-1-7500 TO R-P ON PROPERTY GENE,RALLY LOCATED ON THE NORTH AND SOUTH SIDES OF ARBUCKLE PLACE BETWEEN MADISON STREET AND JEFFERSON STREET. APPLTCANT: CITY OF CARLSBAD. PUBLIC HEARINGS: [I131 14. AB #6551 - ZONE CHANGE - ZC-222 - JA,CK-fiN-.TBE-BOX. With the,aid of 'transparencies, the staff report was presentec by the Planning Director, essentially as contained in the Statement of the .Matter. 4 ~ ~ i I Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis * I 7 e I CITY COUNCIL April 7, 1981 Page 4 - I In response to query regarding the sign, the Planning Director indicated it would be a monument type sign, and pointed out same on a wall exhibit. Mayor Packard opened the public hearing at 6: 24 P.M. I and extended the invitation to speak. Council recognized Robert Radtke, Real Estate Manager for Jack--In-The'Box, who expressed williqgness to respond to any questions. - In response to query regarding seating, Mr. Radtke explained . . that this is-a larger bujlding, and 'there will be 70 seats. - Council recognized Burt Freehoff, 3030 Harding Street, Carlsbad; who indicated he resides next to Jack-.Tn-The-Box, Mr. Freehoff spoke in favor of the project, in that it benefits the City and adds to the village atmosphere created in the redevelopment area. Since ho one else wished to speak on the matter, Mayor Packard closed th& public hearing at 6:27 P.M. Council discussion'reflected on ingress and egress to the pro j ect. Council directed the City Attorney to prepare documents approving ZC-222, per Planning Coqission Resolution No. 1752, [99] 15. &3 #6538 - Supplement #1 - SIX LOT TNDUSTRTAL TRACT w,p AND PLANNED UNIT,DEVELOPMENT - CT 80-47/PUD-28. The Planning Director gave a brief introduction on the matter, noting that the development had received approval by Council at a public hearing which was held at their previous ,meeting, Due to an additional condition requested by Council to allow police enforcement of the parking restriction on the street, the matter is before Council for a hearing on that requirement The staff report was continued by the City Attorney, essentially as contained in the Statement of the Matter. 1 Mayor Packard opened the public hearing at 6:35 P.M., and extended +he invitation to speak. D Council recognized James Ashbaugh, 5466 Complex, San Diego; -representing the applicant, Andrex Development Corp. Mr. Ashbaugh reiterated the comments made by Mr. Howard Mann at the last public hearing, expressing agreement with the addition of the condition. 1 Since no one else wished.to speak on the matter, 'Mayor Packard closed the public hearing at 6:36 P.M. Following discussion, Council adopted the following Resolutions : RESOLUTION NO. 6478, APPROVTNG WITH CONDITIONS A 6-LOT TENTATIVE SUBDIVTSION MAP (CT 80-47,J AND A PLANNED UNIT DEVELOPMENT PERMIT (PUD-28) FOR 6 INDUSTRIAL BUILDINGS, IN TWO PHASES, ON APPROXIMATELY 15.96 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA PINA BETWEEN YARROW DRIVE AND EL CAMINO REAL. I I RESOLUTION NO. 6479, DESIGNATING CERTAIN PRIVATE STREETS AS OPEN TO THE PUBLIC AND SUBJECT TO CITY TRAFFIC CONTROL. 47 y COUNCIL MEMBERS Packard Cas ler Anear Kulchin Lewis Packard Cas ler Anear Kulchin' ~ Lewis . CITY COUNCIL *. Pf / COUNC 1 L ~~ .MEMBERS April 7, 1981 Page 5 [lo71 16. AB. #6380 - Supplement '#2 -- JEFFERSON STREET VACATFON (BETWEEN LAS FLOWS AND 1-51. t i I Les Evans, the City Engineer, gave a staff,report outlining the actions taken by Staff in preparation for the proposed vacation. With the aid of a wall exhibit showing the area in question and the affected lots, he reported that only .one parcel had retained fee title to the property. Therefore, if the vacation were approved, ownership would return to , the owner qf that parcel, and would cut off access to the other parcels, which is not allowed by City Ordinance. He concluded by recommending that Council not proceed with the vacation. I Mayor Packard opened the pklic, hearing at 6:40 P.M. , 'and extended the invitation to speak. 1 Mayor Packard opened the pklic, hearing at 6:40 P.M. , 'and I extended the invitation to speak. Council recognized 'Mr. Hatchman, of Arcadia; who briefly indicated his concern if the City chose to vacate at this time . Since no one else'wished to speak on the matter, Mayor Packard closed the public hearing at 6:42 P.M. I Following brief discussion, Council directed that this item Packard be filed. .. Casler Anear Kulchin Lewis I I [gg] 17, AB #6552 r TENTATIVE TRACT MAP, CONDOMTNIUM PEWIT, AND APPEAL OF VARIANCE - CT 80-8/CP-58/v-302, The Planning Director gave a staff report, with the aid of a wall exhibit displaying the design of the project, and he explained the requested appeals. He referenced a memo from the Planning Commission, expressing concerns about their denial of the project. I Mayor Packard opened the public hearing at 6:47 P.M., and extended the invitation to speak. I Council recognized Leonard Tzbicki, 6519 Onda Place, Carlsbad; the applicant. Mr. Izbicki gave a brief update on the project, and introduced his architect and planner, Mr. Jack Madison, to continue his presentation. @ I Council recognized Jack Madison, 3255 Wynn Street, San Dkego; architect and planner for the applicant. Mr. MadTson gave some history and background on the project. Mr. Izbicki then displayed transparencies, noting three projects in various.stages of d&velopment, and identified apparent conditions in those projects similar to his requested variances. He. also circulated pictures depicting parking on and parallel to Ea Costa Avenue, and indicated his inability to receive credit for-parking on La Costa Avenue, due to the parking restriction. Tn conclusion, 'Mr. Izbicki requested approval of the project. I Nayor packa,rd indicated he: has received two letters in favor of the project. I - Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 7:lO P.M. .. .' - CITY COUNCIL April 7, 1981 Page 6 - 1 In response to query by Council Member Lewis reference areas with restricted parking, Les Evans indicated the City can not restore any of the parking. Council discussion reflected the applicant's efforts in this project, and the parking issue. 1. ' Council directed the matter be rekurned to the Planning Department for preparation of the recommended condikions of approval to be forwarded to the City AttorneyFs Office for inclusion in documents granting the appeal and approving the,tentative map and condominium permit. 1 DEPARTMENTAL AND CITY MANAGER 'REPORTS: I Parks and Recreation [70] 18. AB #6133 - Supplement #4 - BOAT-INSURANCE REQUTREMENT FOR AGUA HEDIONDA LAGOON. A brief introduction to the matter was presented by the City Manager, and'he referred to the letter received from the Department of Boating and Waterways of March 16, 1981. Council recognized Alan Burson, 7210 Daffodil, Carlsbad; attorney representing the Bristol Cove Property Association. Mr. Burson indicate.d the Association is in favor of: the users being insured, and they. are satisfied with the Staff recommendation. He requested, if the Council chooses to remove the liability insurance requirement, that it be put in as an alternative to use a Hold Harmless Agreement. He also lndicated that the Association was opposed to closing the lagoon to power boating. Council discussibn reflected some alternatives, i.e., returning the lagoon to'SDG&E, leaving it as is and dealing with the State at such time as necessary, the effects of closing the lagoon, the potential siltation problem, .and the cost of dredging the Pagoon, Council directed.the matter be returned to Staff for further study, and that same be returned to CounciJ at the next regular meeting. The City Attorney referenced the City of Los Angeles, and their treatment of the Lake as an enterprise, wherein they. purchase insurance and set fees to recover the cost. He also noted the possibility of the concessionaire being required to purchase the insurance. 1'. ., City Manager 19. AB #6395 - Supplement #1 - SAN DIEGO GAS RND ELECTRIC [81] EASEMENT. Following a brief report, Council directed the 'Mayor to execute revised easement documents on behalf of the City, q9 \$ COUNCIL MEMBERS Packard Casler Anear Kulchin Lewis Packard Cas ler Anear K-ulchin Lewis Packard Casler Anear Kulchin Lewis - ~ ~ CITY COUNCIL April 7, 1981 Page 7 e I 1 [loo] 20. AB #6553 - MASTER PROPERTY TAX TRANSFER AGPFJ$ENT. .t Council adopted the following Resolution: RESOLUTTON NO. 6481, APPROVTNG AN AGREEMENT BETWEEN THE THE TERMS OF THE ''POOLING METHOD!! FOR SHARZNG PROPERTY TAX COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD, IMPLEIvENTXNG REVENUES WHEN CITY ANNEXATIONS OCCUR, AND AUTHORTZING THE MAYOR TO EXECUTE SAID AGREEMENT. I [62] 21. AB #6554 - REQUEST TO TAKE ACTION ON LEGTSLATTON. The City Manager gave a brief infroduction on the ,matter. Council directed Staff to send letters to the appropriate legislators, reflecting the City's support of SB 65 and opposition of AB 320. Central Services [28] 22. AB #6555 - APPOINTMENTS TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE. I Council adopted the following Resolutions: RESOLUTION NO. 6482, APPOINTTNG A MEMBER TO THE CARLSBAD HOUSrNG AND REDEVELOPMENT ADVISORY' COMMITTEE; that member being Eva Carney. RESOLUTION NO. 6483, APPOINTING A MEMBER TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVTSORY COMMITTEE; that member being Laura Moralez. I RESOLUTION NO. 6484, APPOINTING A MEMBER TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMTTTEE; that member being Roy Sanchez. 1761 23. AB #6540 - PLANNING COMMISSION APPOTNTMENT. Council adopted the following Resolution: RESOLUTTON NO. 6462, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PLANNTNG COMMTSSION; that member being Vernon J, Farrow Jr. 4J7!] 24. AB #6541 - PLANNING COMMISSION APPOINTMENT. .Council adopted the following Resolution: . I. RESOLUTION NO, 6463, APPOINTSNG A-MEMBER TO THE CITY OF CARLSBAD PLANNING COPTMISSTON; that member being Clarence Schlehuber. 11281 25. AB #6542 - PERSONNEL BOARD APPOTNTMENT. Council adopted the following Resolution: RESOLUTION NO. 6464, APPOTNTTNG A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD; that member being David Bates Sr. /OO y COUNCIL MEMBERS Packard Casler Anear , Kulchin Lewis Packard Casler' Anear Kulchin Lew~is Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Cas ler Anear Kulchin Lewis Packard Cas ler Anear Kulchin' Lewis 1- CTTY COUNCIL April 7, 1981 Page 8 * [69] 26. AB #6506 - APPOTNTMENT TO PARKS & RECREATTON COMMISSION Mayor Packard suggested that Scott Wright be considered for this appointment, and indicated this item would be handled at the next regular meeting. 1.01 27. AB #6556 - RECOMMENDATION FOR APPOINTMENT TO SAN DTEGO COUNTY FLOOD CONTROL COMMISSTON, ZONE 1. -I Mayor Packard requested Council consider recommendations for this appointment. Council member Kulchin suggested that a 1etter.be sent to Mr. Bob Mosier, notifying him'of the appointment, and inquiring if he would be interested in same. Council concurre1 I COUNCIL REPORTS : Regional Water Reclamation Council Member Anear briefly explained a survey which was completed to study the use of reclaimed water on a regi.onal basis, and suggested that the City pay its' share of the assessment for same. [681 Council unanimously agreed to add the item to the agenda for consideration, and .authorized the payment of the $350.00 per member agency fee for a survey completed by Mr. Don Owen. Senior Citizens' Association Council Member Kulchin reported that Mr. Manual Castorena and Mr. Ray Ede had expressed concern with the.name of the Human Services Committee, in that "Services" deals more with allocating funds, and they suggested the name might possibly be changed to "Human Resources committee, 'I as the term "Resources" is somewhat broader .. Lydia Stinemeyer. from Housing and Redevelopment responded tha the Committee is provided for input in terps of policy. Council indicated that requests for funding are strictly budget matters for Council consideration, and suggested that the Committee function in accordance with the establishing Resolution for said Committee. d EXECUTIVE SESSION : Mayor Packard called an Executive Sessign at 8:47 P.M. for th .purpose of discussing meet and confer items, and personnel matters. Council reconvened at 10: 00 P.N. Mayor Packard announced that meet and confer .items and personnel matters had been discussed, and no action taken. ADJOURNMENT : By proper motion the meeting was adjourned at 1O:OO P.M., to Tuesday, March 14, 1981 at 6:OO P.M. in the Council Chambers. Respectfully Submitted, &&L 1 d@* ALETHA L. RAUTENKRANZ, City Clerk Ann R. Alleman, Minutes Clerk 1 /u/ i 1 COUNCIL MEMBERS Packard Cas ler Anear Kulchin Lewis r