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HomeMy WebLinkAbout1981-06-16; City Council; MinutesIVAPlAi u -1-I5 z3 ,kN \- 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 - 8 COUNCIL " MEMBERS 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. I I I I Packard ,Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis I y t COUNCIL MEMBERS 1VBJtl-I u I-n z3 I - \ CITY COUNCIL - June 16, 1981 Page 4 -1 COUNC,IL MEMBERS I 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). _x .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: Packard . - Casler Anear Kulchin Lewis E ORDINANCES FOR ADOPTION : .. - [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. I 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 Packard Casler Anear Kulchin- Lewis Packard Casler Anear Kulchin Lewis - 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 I t 1 1 3 ..."... ~ . . ... .. .~ . . -. . -. - -. . ._ -.. / CITY COUNCIL '. June 16, 1981 Page 5 COUNCIL MEMBERS "N 1 1- -. 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. i i' 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. I 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. ! I Packard Casler Anear Kulchin Lewis t Y Packard Casler Anear Kulchin Lewis - CITY COUNCIL - June 16, 1981 Page 6 " 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. 7- ! COUNCIL MEMBERS Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis i U \ COUNCIL MEMBERS 7 Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis ” I I UTES UTES \ CITY COUNCIL June 16, 1981 Page 9 COUNCIL MEMBERS \ 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 Casler 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. 1601 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 ~' 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. Packard Casler Anear Kulchin Lewis I Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis . " I I 4 CITY COUNCIL June 16, 1981 Page 10 [99 1 1 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. I 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. ~ ~ 11 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. y COUNCIL . I MEMBERS Packard Casler Anear Kulchip Lewis U'rES \' CITY COUNCIL June 16, i981 - Page 11 [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 F COUNCIL MEMBERS Packard Casler Anear Kulchin Lewis - . ..