HomeMy WebLinkAbout1981-06-16; City Council; MinutesIVAPlAi u -1-I5 z3
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MEETING OF: CITY COUNCIL (Regular Meeting)
DATE. OF MEETING: June 16, 1981
TIME OF MEETING: 6:OO P..M. y
PLACE OF MEETING: Council Chambers -
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CALL TO ORDER was macle by Mayor Packard at 6:02 P.M.
ROLL CALL was taken by the Deputy City Clerk:
Present - Packard, Casler, Anear, Kulchin, and Lewis.
r) INVOCATION was given by Mayor Packard.
PLEDGE OF ALLEGIANCE was led by Council Member Anear. - - I
APPROVAL OF MINUTES: (Approved by one motion.)
Council Member Casler indicated she would abstain from
approval of the minutes of May 26, 1981, and June 2,.1981.
I. Council Member Lewis indicated he would abstain from
approval of the minutes of May 19, 2981. I
Minutes of the Regular Meeting, held May 19, 1981, were
approved as submitted.
Minutes of the Adjourned Regular Meeting, held May 26, 1981,
were approved as submitted.
Minutes of the Regular Meeting, held June 2, 1981, were
approved as submitted.
CONSENT CALENDAR
Council Member Lewis stated he wished to record an opposing
vote on Item No. 17.
Council Member Casler requested Items No. 14 and 17 be
removed from the Consent Calendar for discussion.
Council affirmed the action of the Consent Calendar, with
the exception of 1te:ms No. 14 and 17, as follows:
WAIVER OF DOCUMENT'TEXT'RWING:
Council waived the reading of the text of all Ordinances and
Resolutions before Council at this meeting.
1 [501 1. AB iI6628 - RATIFICATION' OF DEMANDS. I
Council ratified payment of demands against the City in the I amount of $623,665.45 for the period May 29, 1981 to - a June 5, 1981; payroll demands in the amount of $243,966.64 .
for the period May 25, 1981 to June 7, 1981; and Housing
Authority demands in' the amount of $46,.050.64 for the period
May 29, 1981 to June 5, 1981.
1701 2. AB f6629 - LA COSTA'CANYON'PARK'PHSE II'-'CONTRACT I [451 NO. 1093.
I Council adopted the following Resolution: 1
RESOLUTION'NO.'6566, APPROVING PLANS AND SPECIFICATIONS
CONSTRUCTION OF LA COSTA CANYON PARK PHASE I1 - AND AUTHORIZINFTE CITY CLERK TO INVITE BIDS FOR THE
' CONTRACT NO. 1.093.
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ITEMS REMOVED'FROM CONSENT'CALENDAR: I
[84] 14. AB 116535 - Supplement #2 - PURCHASE OF PLAY GROUND
EQUIPMENT.
3 Council Member Casler inquired as to the disposition of the
playground equipment from Holiday Park. I
Ruth Fletcher, the Pu.rchasing Officer, responded that the
equipment would be di.stributed to other parks within the
City of Carlsbad.
Council adopted the following Resolution: Packard
Casler
RESOLUTION NO. 6579, ACCEPTING A BID AND AUTHORIZING
Lewis GROUND EQUIPMENT WITH MIRACLE JAMISON.
Anear
THE EXECUTION CACONTRACT FOR THE PURCHASE OF PLAY- Kulchin
1571 17. AB f6618 - Supplement fl - GENERAL PLAN LAND USE
ELEMENT AMENDMENT - GPA-58(A), (B), (D), (E), (I), AND (J).
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.Council Member.Casler:.refexred to GPA-58(D), and inquired if
it was around the airport.
The Planning Director: responded that he did not believe it
was, and explained that it.was a General Plan Text Amendment.
Council adopted the following Resolution:
RESOLUTION NO. 6582, AMENDING THE LAND USE ELEMENT OF
THE GENERAL' PLlw MAKE CERTAIN REVISIONS IN THE
TEXT AND TO CHllNGE THE LAND USE DESIGNATIONS FOR
CERTAIN AREAS LOCATED IN THE CARLSBAD SPHERE OF
INFLUENCE (GPA-58 (A) NEWPORT SHORES-: GPA-58 (B) WOODWARD
GPA-58 (I) LA COSTA: GPA-58 (J) ELM PROPERTIES. ) .'
,COMPANY:. GPA-58CD) FRANDSEN: GPA-58(E) ,CITY OF CARLSBAD:
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[I 1 31 19. AB 116601 - Supplement #1 - ZONE CHANGE FROM R-3 TO
RP-Q - ZC-230 - APPLICANT: BANDEMER AND SCHLEHUBER. I Council adopted the jEollowing Ordinance: :! ORDINANCE NO. !3590, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODEBYAMENDING THE ZONING MAP TO GRANT A
CHANGE OF ZONE (ZC-230) FROM R-3 (RESIDENTIAL-MULTIPLE
FAMILY) TO RP-Q (RESIDENTIAL/PROFESSIONAL-QUALIFIED
OVERLAY) ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF JEFFERSON STREET BETWEEN LAGUNA DRIVE AND HOME
STREET. APPLICANT: BANDEMER AND SCHLEHUBER.
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I I [96] 20. AB 116616 - THREE-WAY STOP SIGN ON MAGNOLIA AT
JEFFERSON, AND FOUR-WAY STOP ON GRAND AT ROOSEVELT.
Council adopted the following Ordinances: ' (By one motion)
ORDINANCE NO. 3129, AMENDING TITLE 10, CHAPTER 10.28
SECTION 10.28.110 TO DESIGNATE STOP CONTROL ON MAGNOLIA
AT ITS INTERSECTION WITH JEFFERSON.
OF THE CARLSBADICIPAL CODE BY THE AMENDMENT OF
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ORDINANCE NO. 3130, AMENDING TITLE 10, CHAPTER 10.28 OF
10.28.270 TO DESIGNATE STOP CONTROL ON GRAND AT ITS
INTERSECTION WITH ROOSEVELT.
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION
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PUBLIC HEARINGS
.: [I 3 23 21. AB /I6610 - .Supplement .fl - WEED ABATEMENT - 1981
" The City MSnager gave a brief ,report on the matter, .. ..
essentially as contained in the Statement of the Matter.
Mayor: Packard opened. the.public -hearing at 6:14 P.M., and.
extended the invitatian to speak. . Since no one wished .to,
speak on the matter, the public hearing was closed. I
Council adopted the following Resolution, with the insertion
of the word "None" in the blanks of Sect3on No.' 3:
RESOLUTION NO. 6584, ORDERING THE CITY MANAGER TO
DIRT REMOVED.
ABATE NUISANCE BYVING WEEDS, RUBBISH, REFUSE, AND
Council Member Anear suggested that the weed abatement begin
a month earlier, near the time when school lets out for
the summer. He indicated that this would alleviate some of
the brush, and possibly lessen the potential for grass fires
during Santa Ana conditions.
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f[gg] 22. AB /I6633 - TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT -
CT 81-12/CP-159. API?LICANT: THE ANDEN GROUP.
With the aid of a wa:L1 exhibit showing the location of the
project, the Planning Director gave the staff report,
essentially as conta:ined in the Statement of the Matter.
Mayor Packard opened the public hearing at 6:18 P.M., and
extended the invitat:ion to speak.
Council recognized Mike Roston, representing the applicant,
who indicated that they are in agreement with the staff
report. Mr. Roston showed a slide presentation, depicting
the proposed site, views from the site, and the landscape,
plan.
Since no one else.wished to speak on the matter, Mayor
Packard closed the public hearing at 6:22 P.M.
Council directed the City Attorney to prepare the necessary
documents approving CT 81-12/CP-159, per Planning Commission
Resolution No. 1811.
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1 . 23. AB #i6634 - TENTATIVE MAP AND CONDOMINIUM CONVERSION
PERMIT - CT. 81-2/CP-147. APPLICANT: NEVIN.
With the aid of a wall exh'ibit showing the location of the
project, the staff report was presented by the Planning
Director; who expressed concern over the density.
Mayor Packard opened the public hearing at 6:26 P.M., and
extended the invitation to speak.
Council recognized llouglas Jensen, 530 "B" Street, Suite 1900
San Diego; Attorney for the applicant. Mr. Jensen addressed
the findings 'made by Staff and the Planning Commission, and
stated his opinion t:hat they are not accurate.
Mr. Jensen addressed the issue of storage, and with the aid
of a wall exhibit, showed the design of the units.
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Mr. Jensen read some verbatum comments from the Planning
Commission hearing of May 27, 1981; in which he stated that
the comments of two of the Commissioners would reflect that
the storage is accessible. .I Mr. Jensen also addressed the concern that the recreation
areas were not suitable, and indicated that the open recrea-
tion area is fenced off and exceeds the requirement for the
project by an additional 1180 square feet. He also stated
that they have submitted plans to include a shuffle board,
barbeque, and tot area; which the applicant feels is an
adequate way to provide the open recreation area. In conclu-
sion, Mr. Jensen requested that the project be given serious
consideration as a condominium project.
Council recognized Dick Corrigan, 5858 Mt. Alifan Drive,
Suite 200, San Diego; the project' engineer. Mr. Corrigan
indicated that he supports the copnents made by Mr. Jensen.
Since no one else wished to speak on the matter, Mayor
Packard closed the pu.blic hearing at 6:40 P.M.
Following brief discussion with regard to the storage and
recreation requirements, Council directed the City Attorney
to prepare documents'denying CT 81-2/CP-147, per Planning
Commission Resolution No. 1791.
HOUSING AND REDEVELOI'MENT COMMISSION
Mayor Packard adjourned the meeting at 6:42 P.M., to the
Housing and Redevelopment Commission.
Council reconvened ai: 6:50 P.M., with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS
f Engineering
[78] 24. AB #6635 - SPEED. ZONE .ON ALGA ROAD.
The City Engineer gave the staff report, essentially as
contained in the Statement of the Matter.
Mayor Packard referred to Ordinance No. 3131, under section
10.44.090, and requested that the last sentence, "until such
time as Alga Road is widened,". be deleted. The City Engineer
indicated that he had no problem with the 'deletion, and 44- Council concurred.
Council introduced t'he following Ordinance; with the I. deletion requested by Mayor Packard:
I' ORDINANCE NO. 3131, AMENDING TITLE 10, CHAPTER 10.44
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.44.090 TO DESIGNATE SPEED CONTROL ON ALGA
ROAD BETWEEN EL CAMINO REAL AND ALICANTE ROAD.
Council Member Anear suggested that the speed zone should
also be implemented on El Camino Real from the Viliage Store
to the City limits.
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I' I I [GO] 31. . AB il6515 - Supplement f2 - AGREEMENT FOR LIABILITY
~451 CLAIM ADMINISTRATION SERVICES.
I The City Manager gave a brief report on the matter. I t Council adopted the following Resolution: Packard
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RESOLUTION NO. 6588, APPROVING AN AGREEMENT WITH CARL
SERVICES. Lewis
Anear
WARREN sc co. FORLIABILITY CLAIMS ADMINISTRATION Kulchin
I [60] 32. AB 16515 - Supplement #3 - RENEWAL OF LIABILITY 'I INSURANCE AND ASSUMPTION OF A SELF-INSURED RETENTION PERIOD.
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The City Manager gave a brief report on the matter. .I
Council adopted the :Eollowing Resolution: I
RESOLUTION NO. 6589, AUTHORIZING RENEWAL OF THE CITY
LIABILITY INSUIMCE. I
33. AB /I6515 - Supplement #4 - AUTHORIZATION FOR ADJUSTMENT
AND SETTLEMENT OF LIABILITY CLAIMS.
The City Manager gave a brief report on the matter.
Council adopted the :following Resolution:
RESOLUTION NO. 6590, ESTABLISHING LIABILITY CLAhS
SETTLEMENT AUTim .
Frank Mannen, Assistant City Manager, indicated that there
are still two actions to take on the insurance program and
on the worker's compensation program; and explained that
these and a presentation by the City Attorney on how to
handle the legal deflense of liability claims would be
forthcoming at a future meeting.
City Clerk
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34. AB 86606 - LIBRARY BOARD OF TRUSTEES APPOINTMENT.
Mayor Packard explatned he had received a call from Muriel
Roston, who indicated that she wished to decline the
nomination.
Mayor Packard indicated he wished to nominate Bibi Grosse,
and continue the matter until members of the Council had
the opportunity to meet and talk with her. I ITEMS ADDED TO AGENDA: -
Mayor Packard indicated there was a need for Council action
regarding the Orleans East Homeowners Appeal, and the Audit
of Calavera Hills Sewer Plant Construction Costs. He
requested that Council add the items to the agenda for
discussion and consideration.
Council agreed to add the two items tosthe agenda for
discussion.
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ORLEANS EAST HOMEOWNERS APPEAL - CT 80-26 (KRIKORIAN) 1
The Planning Director gave a report on the matter, indicating
that there was concern that the project was not being built
according to the plan. Mr. Hagaman explained that Staff's
investigation has revealed that there is less than a six
inch deviation, and :is in conformance with the approved plans
Council recognized Rosemary Drovie, 2630 Pirineos Way,
Carlsbad. Ms. Drovie gave some background on the matter,
and expressed concern that the project blocks their air
flow. She also indicated that the local property owners were
not notified of the change in grading plans, which they feel
will put the majority of the units over the 31'9". She
also stated that the property owners wish to retain their
right to fair notice on the grading change.
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I Ms. Drovie concluded by passing.around three pictures for .
the Councils' review, and stated.that the homeowners are
requesting speed bumps and a driveway be installed.
Council recognized David Larkin, 1020 S. Santa Fe, Vista;
Attorney representing Krikorian. Mr. Larkin referenced
Ordinance No. 21.040.065, dealing with the building height
requirements. With regard to the concern of air flow,
he stated that it is strictly speculation, and should be
disregayded.
Mr. Larkin continued to explain that he is also a civil
engineer by background, and addressed the issue of grading.
He also pointed out that the applicant is very'concerned
about complying with the Ordinance; and stated that if there
was a violation, through the La Costa Architectural Review
Committee, it is an issue out of the jurisdiction of the
City.
Council Member Casler stated her opinion that there has
been a misunderstanding here, and she agrees with-Staff,
that the project is in conformance with the Final Map.
Council pointed out for clarification purposes that the
misunderstanding dealt with the architectural term of "curb,
due to the fact that many people are not familiar with the
terminology.
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Council Member Lewis indicated that he concurred; however,
feels it is the City's responsibility to make sure that
the people understand what they are talking about, and same
should have been fully explained.
Mr. Hagaman explained that on some sites they cut, and some
they fill, and dirt is moved; and this was the situation
here.
Council Member Kulchin requested that a staff report be
sent to the Homeowners Association to clarify the matter.
Council filed this i-tem.
The City Attorney explained that the La Costa CCSrR's are
przvate contractual relationships, and the City has no
authority to enforce them. He continued that the citizens
have private rights,, not City rights, and they are able to
seek their own legal rights as property owners through their
Association.
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[92] AUDIT OF-CALAVERA HILLS SEWER PLANT CONSTRUCTION COSTS
The City Manager gave a brief report on the matter,
essentially as contained in the Statement of the Matter.
Council adopted the following Resolution: 1 RESOLUTION NO. 6591, ACCEPTING THE PROPOSAL OF CONRAD
COSTS OF THE LAKE CALAVERA HILLS SEWAGE TREATMENT
PLANT AND APPELOPRIATING FUNDS.
AND ASSOCIATESFORTHE AUDIT OF THE CONSTRUCTION
I COUNCIL REPORTS
I SmAG Mayor Packard report:ed that they.approved the application
for monies to improve the athletic fields of the two
elementary schools. Also, they are starting the process
for the population forecast, and the City will be responding
to requests from SMIDAG on this.
CITY MANAGER ADDITIONAL BUSINESS -
The City Manager reported that the State Legislature
adopted the State Budget on June 16, 1981, and the City will
lose approximately $376,000, which means the City will have
$555,000 more than anticipated, which will bring the
contingency up to where it should be.
CITY ATTORNEY ADDIT1:ONAL BUSINESS
The City Attorney reported that &he proposals have been
devised to open up the coastal areas to oil exploration
drilling. He explained that if the City wishes to get
involved, Council should give some instruction to the City
Manager. I CLOSED SESSION
Mayor Packard called a Closed-Session at 8:36 P.M., and
announced that personnel matters and salary would be
discussed. Council reconvened at 10:05 P.M., with all
members present.
The concensus of Council was that Staff be directed to
prepare a Resolution adopting a compensation plan for
Council appointed officials for the 1981-82 fiscal year,
and that the City Manager and City Attorney receive the rc benefits of the management compensation plan with certain
additional provisions.
1 ADJOURNMENT I By proper motion the meeting was adjourned at 1O:lO P.M.,
to Tuesday, June 23,, 1981, at 6:OO P.M. in the Council
Chambers .
Respectfully Submitted, w
Deputy City Clerk
R. Alleman, Minutes Clerk
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