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Home My WebLink About1981-04-21; City Council; Minutese? MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 21,. 1981 TIME OF MEETING: 6:OO P.M. e PLACE OF MEETING: Council Chambers .. CALL TO ORDER was made by Mayor Packard at 6:06 P.M. -e -1 ROLL CALL was taken by the City Clerk: Present - Packard Cas1er Anear Kulchin Lewis INVOCATION was given. by Don Brown, Chamber of Commerce. PLEDGE OF ALLEGIANCE was led by.Counci1 Member Kulchin. I APPROVAL OF MINUTES: (Approved by one motion.) Minutes of the Regul.ar Neeting, held April 7, 1981, were approved as submit'ted. Minutes of the Adjourned Aegular Meeting, held April 14, 1981, were approved as submitted. CONSENT CALENDAR: Mayor Packard indicated he had received a request from Staff to remove Item No. 10 from the agenda, to be re-notice for a future meeting. I Council affirmed the action of the Consent Calendar, with the exception of Ttem No. 10, as follows: e1 I E01 [GO1 [451' [931 [451 j I I ! i 6711 1 [451 I 'WAIVER OF DOCUMENT TEXT REA,DING: Council waived .the reading of the text of-all Ordinances and Resolutions before Council at this meeting. I 1. AB #6562 - RATIFTCATION OF DEMANDS. Council ratified payment 0.f demands against the City in. the amount of $943,117.77, for the period April 3, 1981 thru April 13, 1981; pqyroll demands in the amount of $474,183.53 for the period March 16, 1981 thru April "12 , '1981; =and Housing Authority demands in the amount of $2,479.36 for the period April 3, 19811 thru April 13, 1981. I P 2. AB #5498 - Supplement #2 - SELF INSURANCE/WORKERS 1 - COMPENSATION SERVICE AGREEMENT WITH R. L. KAUTZ & CO. Council authorized Staff to notify R. L. Kautz &. Company of the City's intention to cancel the -present agreement. 3. AB #6.2?9 - ~upplement #2 -*, HOME PLANT PUMP STATION - CONTRACT NO. 1081. I Council accepted' the work, and directed the City Clerk fo have the Notice of (Completion recorded and release the bonds 35 days after recordation. 4. AB #6371 - Suipplement #2 - BEACH PARKING LOT EXPANSION ON CAR,LSBAD BOULEVARD. - .Council accepted the work, and directed the City Clerk to have the Notice of Completion recorded and release the bonds 35 days after recordation. v COUNCIL MEFIBERS Packard Cas ler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis r 'A \$ CITY COUNCIL April 21, 1981 * .. . COUNCli 'i ' Page 2' , ' .MEMBERS ._ - ~ f I 5. AB #6228 - Sup:plement'#l'- ROBERTT/Z'BERG URBAN OPEN [lo51 SPACE AND RECREATION BLOCK GRANT. Council approved the application for grant funds for Levante Park playground equipment, approved the expenditure of District 7.Park-in-Lieu monies in the amount of $2,794., .,T : . a,. . *- .- . and adopted the following Resolution: RESOLUTION NO. 6486, APPROVTNG THE APPLICATION FOR GRANT . FUNDS UNDER THE ROBERTT-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM. [85] 6. AB #6563 - ENVIRONMENTAL IMPACT REPORT FOR A 26-qCRE PUD (FONTANA & MUDGE. ) . [45] Council adopted the following Resolutions: RESOLUTION NO. 6487, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PHTLLTPS, BRANDT, REDDTCK FOR PREPArn,TTON OF AN ENVIRONMENTAL TMPACT REPORT FOR A 26-ACRE PLANNED UNIT DEVELOPMENT. RESOLUTION NO. 6488, APPROVTNG AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FONTANA AND MUDGE, A DEVELOPNENT COMPANY, WHEREBY THE CITY WILL ACCEPT FUNDS FROM THE DEVELOPER FOR PROVISION OF AN.ETR. [84] 7* AB #6564 7 F1R.E HOSE BID. Council adopted- the following Resolution: RESOLUTION NO. 6489, REJECTING ALL BIDS FOR FTRE HOSE, APPROVING REVISED SPECIFICATIONS AND AUTHORIZTNG THE PURCHASING OFFICER TO TNVITE BIDS FOR FI'RE HOSE. [79] 8- AB #6500 - Supplement #1 - ENERGY CONSERVATION INCENTIVE AWARD. Council approved Council Policy, and authorized the allocation of funds in Fiscal Year 1981-1982. .. [501 9. AB #6565 - REFUND OF FEES. Council approved the request for refund, z @ 11. AB #6566 - AME:NDING THE MESCELLANEOUS CLASSIFICaTION. AND SALARY PLAN- Council adopted.the following Resolution: RESOLUTION NO. 6490,. AMENDING THE MTSCELWNEOUS CLASSIFI.: [741 CATION AND SALARY PLAN OF THE CITY TO TNCLUDE THE CLASSTFT- CATION OF PERMIT CLERK. 12. AB #6567 - AMENDING THE MTSCELLANEOUS SALARY PLAN. Council adopted the foilowing Resolution: I [741 RESOLUTION NO. 6491,, AMENDING THE MISCELLANEOUS SALARY PLAN OF THE CTTY TO TNCLUDE PARK MATNTENANCE WORKER I11 AT.A I ~ NEW RANGE. * .. CTTY COUNCIL April 21, 1981 - .. Page 3 1 1 13. AB #6552 - Supplement #1 -’ TENTATIVE MAP, CONDOMTNIUM IZBTCKI . [991 PERMTT AND VARTANCE - CT 80-8/CP-58/V-302. APPLTCANT: I 3 I) 1 I Council adopted the following Resolutions: I RESOLUTION NO. 6492, APPROVTNG WITH CONDITIONS’ TENTATIVE SUBDIVISION ,MAP (CT 80-8) FOR AN 8-UNTT CONDOMTNIUM PROJECT AND APPROVING CONDOMINIUM PERMTT (CP-58). FOR SAID PROJECT’ ON PROPERTY- GENERALLY LOCqTED ON THE NORTH SIDE OF- LA COSTA AVENUE BETWEEN GTBRALTAR AND ROMERTA STREETS. RESOLUTION NO. ,6493, ANNOUNCTNG,FTNDTNGS, GRANTSNG AN APPEAL OF A PLANNING COWTSISTON DECT’SION, AND APPROVING A VARIANCE (V-302) TO ALLOW PARKTNG iN THE FRONT YARD SETBACK ON PROPERTY GENERALLY LOCATED ON THE NORTH STDE OF LA COSTA AVE BETWEEN GIBRALTAR AND ROMERIA STREETS. 14. AB #6568 - MAJOR ROADS PROJECT - NORTHEAST LA COSTA Lg7] AREA. Council adopted the following Resolutions: RESOLUTXON NO. 6494, ACCEPTTNG A GRANT DEED FROM m. COSTA LAND COMPANY FOR STWET AND HIGHWAY .PURPOSES. -. RESOLUTION NO. 6495, ACCEPTING A GRANT DEED FROM U, COSTA LAND COWANY FOR STFEET AND HTGHWAY PURPOSES, RESOLUTION NO. 6496, ACCEPTTNG A GRANT DEED FROM LA dOSTA LAND COMPANY FOR STWET AND HTGHWAY PURPOSES. RESOLUTION NO. 6497, ACCEPTING A GRANT DEED FRW LA COSTA, LqND COMPANY FOR STWET AND HTGHWAY PURPOSES. ORDINANCES FOR INTRODUCTION: 15. AB #6551 - Supplement #1 - ZONE CHANGE FROM R-P TO 11131 C-1-Q - ZC-222. APE’LXANT: JACK-IN-THE-BOX, Council introduced the following Ordinance-: . ORDINANCE NO. 9587, AMENDING TITLE 21, OF THE CARL~BAD MUNICIPAL CODE BY AMENDING THE ZONING N,P TO GRANT A CHANGE OF ZONE (.ZC- 222) FROM C-2 AND R-P TO C- 1-Q ON PROPERTY GENERALLY LOCATED ON THE EAST S~DE OF HARDING STREET BETWEEN ELM AVENUE AND OAK AVENUE. APPLICANT: JACK-IN-THE-BOX. e ORDINANCES FOR ADOPTSON: - I 16. AB #6539 - Supplement #1 - ZONE CHANGE FROM E-l.4 TO m.31 M - zc-215. ,APPLICANT: UKEGAWA, Council adopted the following Ordina,nce:. ORDINANCE NO. 9586, AMENDTNG TITLE 21 OF THE CkRLSBAD MUNICTPAL CODE BY AMENDING THE ZONKNG ,mP TO GRANT A PREANNEXATION CHANGE OF ZONE (ZC-215)- FRQN E-1-A SAN DIEGO COUNTY TO P-M-Q (PLANNED TNDUSTRTAL). TO ALLOW SUBSEQUENT ACRES, GENERALLY LOCATED ON THE NORTH STDE OF PALWR AIRPORT ANNEXATTON AND DEVELOPMENT IN CTTY ON APPROXImTELY 13.5 ROAD, EAST OF LAUREL TREE ROAD, WPLICANT: UKEGAWq. 1 \ COUNCIL MEMBERS Packard Cas leu Anear Kulchin Lewis Packard Cas Zer Anear Kulchin Lewis - j - - ". . . . , - . - . . . . " . . -L. .. \ CITY COUNCIL .- Y April 21, 1981 Page 4 COUNCIL MEMBERS PUBLIC HEARINGS: 17. AB #6569 - ZON:E CHANGE FROM L-C TO CT-Q AND APPEAL [I13] OF A CONDITION OF APPROVAL OF A SITE DEVELOPMENT PLAN - ZC-223/SDP-80-13. APPLICANT : VALLAS. e I With the aid of transparencies to show the location of the project, the staff r'eport was presented by the Planning Director, essentially as contained in the Statement of the Matter. Mr. Hagaman continued the staff report, with the aid of wall exhibits, and gave some historical background on the project, and explained the concerns of the equestrian easement i Council discussion reflected concerns over the location of the equestrian easement, the required street crossing 'location, and possible hazards which could develop from stray golf balls. Mr. Hagaman responded to Council questions regarding the proposed location of the trail, and General Plan requirements for connector trails which would occur as the different areas develop. He also indicated the consultant, who is preparing the revised Parks and Recreation Element, has been asked to evaluate the equestrian trail system currently in the Citys' General Plan. It was also noted that the trail would require a crossing at El Camino Real and Palomar Airport Road. Council Member Anear suggested a condition be added, to require the use of reclaimed water. Mayor Packard opened the public hearing at 6:33 P.M., and extended the invitation to speak. Council recognized Rick Severson, 2198 Palomar: Airport Road, Carlsbad; Manager of Palomar Airport. Nr- Severson expres.sed opposition to the equestrian trail concept through the airport property, and stated it is incompatible with the airport. He referred to a letter from-the Director of Airports on the matter, and made same available for Council review. Mr. Severson concluded by requesting Council re- route the trail clear of airport property. Council recognized Don Brown, Carlsbad Chamber of Commerce. .Mr. Brown indicated the concerns of the Industrial Coiqrnittee wkith regard to riding horses through the industrial park; however, added that he was otherwise in favor of the project. Since no one else wished to speak on the ,matter, Mayor Packard closed the public hearing at 6:38 P.M, Following brief disc!ussion, Council directed the City Attorney to prepare documents approving ZC-223. Council directed the City. Attqrney to prepare documents appnoving SDP 80-13; w.ith the deletion of the equestrian trail, addition of a Hold-Harmless Clause to protect the City, and a provision for double water lines for the use of reclaimed water and landscaping. Further, that Condition No. 25 be modified to include that if the Planning Director finds there are any problems with the golf course, he may immediately take the matter to a public hearing before the Planning Commission., I I Packard CasZer Anear K.ulchin Lew.is Packard Casler Anear - Kulchin Lewis iL w @rE I -..* ".._ . , . . - - . . . . . . -. . \\ #I E@ m 13 BIB& W 4hE .. .- . . . . . - . . . . . - . - -. . .~. . .. . - y CITY COUNCIL April 21, 1981 a. COUNCIL MEMBERS Page 7 1 Council recognized F!obert Kolb, 2480 Ocean Street, Carlsbad; who spoke in opposit:ion to the project. Council recognized F!obert 5. Hanna, 2465 Garfield, Carlsbad; who explained he also represents Jeanette Stine Cushman and her father, 2469 Ocean Street, Carlsbad; who were unable to attend the meeting. Mr. Hanna read the letter of opposition from Ms. Cushman, dated April 21, 1981. Council recognized Karla L. Torgerson, 1466 N. Kenter Avenue, Los Angeles; representing Carol and Melvin Schiff, 3436 Garfield, Carlsbad; and Geoffrey Bell. Mrs. Torgerson indicated her clients' concern was mostly with the sea wall, and erosion of the bluffs. She requested a continuance on the matter, until such time as sufficient information could be obtained regarding the impact of the development on the environment. Council recognized Mr. L. B. Hamlin, 2445 Ocean Street, Carlsbad; who spoke in opposition to.the project, and requested denial of same. He expressed the opinion that there would be sewer problems, that the property belongs to the people, and that no development should occur below the bluff . Council recognized Noel K. Torgerson, 1466 N. Kenter Avenue, Los Angeles; representing Don Hofer, 224 Normandy Lane, Carlsbad. Mr. Torgerson spoke in opposition to the project, and expressed the opinion that the ETR is inadequate, and that the property does not belong to the developer. Council recognized Geoffrey Bell, 221 Normandy Lane, Carlsbad, Mr. Bell referred to the State Code, and gave its! definition of the purpose of an ETR. He stated his opinion that the ETR does not adequately address beach erosion, traffic, and.the possibility of it being an archeological site. Council recognized Vicki Johnson, 4025 Tsle Drive, Carlsbad, Ms. Sohnson stated she wished to convey that there are citizens concerned wlth the project, other than those that live in the area, and requested denial of same. Council recognized Pauline Hamlin, 2445 Ocean Street, Carlsbad. Mrs. Hmlin stated her concexn deals with energy. She explained-tha,t her residence has large windows, which serve as solar heat, and if the development is approved, she will lose 75 percent of the house to shade. Tn conclusion, Mrs. Hamlin suggested the project be built on top of the bluff only. Council recognized Glenn Castens, 2645 Carlsbad Bl.vd., Carlsbad; owner .of the Ebb Tide Motel. Mr. Castens commended the local citizens for voicing their opinions on the ,matter, and expressed opposition to the project. Council recognized Lynn Ely, 219 Normandy Lane, Carlsbad; representing Granville Park.Property Owners Association, Mrs, Ely expresged concern over ,maintenance of the lagoon, and access to same with vehicles, stating the present plan would prevent access. She further suggested building on top of the bluff only. ... I - "". ..^ ".. -. ". ...". CITY COUNCIL. April 21, 1981 Page 8 p COUNCIL MEMBERS Packard Cas ler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Cas ler Anear Kulchin Lewis r .. u 6r .. .. . . . .. - . . . . .. . -. - " .. . .. . . .. y .. CITY COUNCIL a COUNCIL . April 21, 1981 Page 9 1 MEMBERS I 1 - 1 Council recognized Dennis N. Hobson, of Denbar Construction; who spoke in opposit.ion to the requirement of wheelchair ramps, and circulated pictures of houses in the area without the ramps. Council discussion related to the various areas of the City, and whether to require ramps in areas already developed, as opposed to new development. 1 l e The City Attorney explained that if existing developments are not adequate with public improvements, the City has the ability-$0 bring them up to current standards, in accordance with the Public Tmprovement Ordinance. Council denied the appeal, and approved continuance of the current policy. 22. AB #6572 - ANGLE PAWTNG ON GRAND AVENUE BETWEEN [721 WASHTNGTON AND CARLSBAD BOULEVARD. A brief staff report was presented by Les Evans, essentially as contained-in the Statement of the Matter. Council introduced the following Ordinance: ORDINANCE NO. 3126, .MENDTNG TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNTCXPAL CODE BY THE AMENDmNT OF SECTTON 10.40.080 TO ADD A STREET WHERE ANGLE PARKTNG PlQY BE PEmTTTED. , City Manager 23. AB #6515 - Supplement #1 - AGREEWNT FOR TNSU~NCE [601 BROKERAGE SERVTCES . [451 , A, brief staff report was presented by Frank Mannen, Assistant City Manager/Administration, essentially as contained in the Statement of the Matter. Council adopted the following Resolution: RESOLUTXON NO. 650'1, APPROVTNG AN AGREEMENT BET,WEN THE CTTY OF CARLSBAD AND CAL-SURANCE ASSOCTATES, TNC., FOR TNSURANCE BROKERAGE SERVlCE. 24, AB .#6573 - ACCEPTANCE OF GIFT FROM THE WOf$3NS" CLUB OF [81 I CARLSBAD . Council adopted the following Resolution: RESOLUTTON NO. 6502, ACCEPTTNG A GIFT OF MONEY TOWRRD THE PURCHASE OF A T.WXN2IRG RECORDER AND CASSETTE. 25. A,B #6314 - Supplement #2 - FINAL WP FOR CARLSBAD [993 TRACT 80- 25 (MEADOW 13ROOK. 1 - The City Manager gave a brief report on the matter, noting the park dedication requirement. The City Attorney advised that credit should not be allowed unless a letter of approval is received from both Daon and La Costa Land Company. Packard Cas ler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis r I .."." .". ... . -E. "_". - . CITY COUNCIL April 21, 1981 Page 10 . ~ ~~~~~~ Council recognized 3im Goff, representing La Costa Land Company, owned by the Daon Corporation. He indicated that they were one in the same, and that all obligations in the park agreement with the former La Costa Land'Company, would be assumed by La Costa Land Company, owned by the Daon Corporation. Following brief discussion, Council approved the final map of Carlsbad Tract 80-25, and adopted the following Resolution: RESOLUTION NO. 6503, DELAYTNG THE TTME AT WHICH SAN MARCOS CREEK PARK SHALL BE DEDTCATED PURSUANT TO THE AGREEMENT BETWEEN LA COSTA LAND CO"ANY.AND THE CTTY OF CARLSBAD APPROVED BY CTTY COUNCIL RESOLUTION NO. 5286. Parka and Recreation . I [701 26. AB #6133 - Supplement #5 - BOAT INSURANCE REQUIREMENTS FOR AGUA HEDTONDA LAGOON. Council discussion reflected alternatives to the issue: such as rescinding the insurance requirement and requiring a Hold-Harmless Agreement pending further discussion with SDG&E. Council recognized James Fullmer, 4621 Park Drive, Carlsbad; who indicated he was a relati.vely new property owner in the area, and stated he did not agree wcth the concept of turning the matter over to SDG&E, and feels the lagoon should be self-supporting. Council recognized Charles Nichols, 1859 Pariva Drive, Cardiff By The Sea; representing Northwest Development Corp. Mr- Nichols requested the City not forget Bristol Cove, and offered his assistance to the City in the matter. Council recognized Scott Chasin, 4705 Morena Drive, Carlsbad. Mr. Chasin stated that the importance of the tourist in Carlsbad has been under estimated, and pointed out that the lagoon creates touritst trade for the City. He suggested reducing the patrol ,times on the lagoon. Council recognized Walter Bills, 4653 Park Drive, Carlsbad; who indicated he was in agreement with Mr. Chasin. .Mr. Bills commented on the importance of the lagoon to Bristol Cove, and expressed agreement with the Staff recommendations, a Council recognized Victor Arndt, 4625 Park Drive,.Carlsbad; indicaked they are in opposition of further restrictions, or the closing of the lagoon, and requested Council considep any practical means of keeping the lagoon open. Council recognized John Wiegand, 4513 Cove, Carlsbad; who expressed opposition to further restrictions'involving the lagoon. Mayor: Packard indicated he had received a telegram from Mr. and Mrs. Burdick,, and a letter from Stan Goral, both in opposition to further restrictions on the lagoon. I . President of the Bristol Cove Association. Mr. Arndt I -c \ COUNCIL MEMBERS Packard Cas ler Anear Kulchin Lewis * - " . . . . . . . . . " . . . .~ .. . \ ' CTTY COUNCTL \ April 21, 1981 COUNCIL -11 Page 11 .t Following discussion of the various alternatives on the matter, a motion was made that the City purchase a one million dollar Blanket Policy, and as best as possible distribute the cost of the policy among those persons purchasing lagoon permits. The motrlon failed due to lack of a majority . Packard Cas ler Anear Kulchin Lewis I Council then discussed reducing the policing on the lagoon to five days, and the possibility of prohibiting power boats on the days when policing is not provided. ! A motion was made that Staff prepare the necessary documents to remove the $300,000 liability insurance requirement from the City Code and add a Hold-Harmless Agreement. The motion failed due to lack of a majority. Following brief discussion and clarification, Council Member Lewis indicated a willingness to change his vote on the previous motion in'the affirmative. Packard Casler Anear Kulchin Lewis Council directed~staff to prepare the necessary documents Packard to remove the $300,000 liability Insurance requirement from Cas ler the City Code and add'a Hold-Harmless Agreement; and further Anear requested Staff come back with a self-supporting program by Kulchin budget time. Lewis 0 Council directed $taff to reduce the level of police service to eight hours per day, five days per week. A.motion-waS made that would prohibit power boating on the laqoon on the days.when no policing is provided. The motion died due to lack of a second. Building [3olX 27, AB #6574 - REGULATTON OF SWI'WTNG POOL ENCLOSURES AND WSE. Council umber Anear referenced the agenda bill and expressed the opinion that Items No. 1 and 4 contained on the face should not be excluded from the requirements. Following brief discrussion, Council directed the matter: be returned to the City Attorney for preparation of documents approving changes and additions received by Staff., with the exception of Ttems 610. 4 and 4, as contained on the agenda bill. I Housing and RedevePspment I 28. AB #6575 - NOTICE OF ADOPTION OF YTLZAGE REDEVELOPNENT [281 PLAN. - I I Council adopted the following Resolution: RESOLUTION NO. 6504,. CALLTNG FOR A JOINT PUBLTC HEARING OF TH CITY COUNCTL/HOUSTNG AND REDEVELOPMENT COMMTSSTON OF THE CTTY 'OF CARLSBAD, FOR THE ADOPTTON OF THE 'VTLLAGE ,REDEVELOPMENT PLAN. 1 1 I I Packard Casler Anear Kulchin Lewis Casler Packard Casler Anear Kulchin Lewis Packard ~ Casler i Anear KulchiA Lewis AiW&JLBW w .A 2424 $bP J