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HomeMy WebLinkAbout1981-10-26; City Council; Minutest - - L-. MINUTES MEETING OF: CITY COUNCIL (Adjourned Meeting) DATE OF MEETING: October 26, 1981 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING : Council Chambers I I CALL TO ORDER The meeting was called to order by Mayor Packard at 6:02 P.M. ROLL CALL was taken by the Deputy City Clerk: t Present - Packard, Casler, Lewis, Kulchin, and Anear. INVOCATION was given by Father Florek, St. Elizabeth Seton Church. PLEDGE OF ALLEGIANCE was led by Frank Aleshire, City Manager. CONSENT CALENDAR Mayor Packard indicated he had received a request to remove Item No. 5 from the Consent Calendar. Council Member Anear requested Item No. 7 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Items No. 5 and 7, as follows: WAIVER OF DOCUMENT TEXT READING: Council waived the reading of the text of all ordinances and resolutions before Council at this meeting. I [SO] 1. AB #6772 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $3,675,889.03, for the period October 2 to October 16, 1981; payroll demands in the amount of $247,519.53, for the period September 28 to October 11, 1981; and Housing Authority demands in the amount of $10,464.80, for the period October 2 to October 16, 1981. [91] *2. AB 1,6688 - Supplement #l - REQUEST TO RAISE SCHOOL FEES IN THE SAN MARCOS SCHOOL DISTRICT. Council adopted the following Resolution: + RESOLUTION NO. 6617, AMENDING RESOLUTION 5580 REVISING THE AMOUNT OF FEES TO BE REQUIRF,D AS A CONDITION OF APPROVAL FOR RESIDENTIAL DEVELOPMENT WITHIN CERTAIN AREAS OF THE SAN MARCOS UNIFIED SCHOOL DISTRICT. I [99] 3. AB #6761 - Supplement #l - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-33/CP-179 - APPLICANT: CERRO DEL SOL. Council adopted the following Resolution: RESOLUTION NO. 6696 , APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-33) FOR A 10-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-179) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF UNICORN10 STREET. APPLICANT: CERRO DEL SOL - COUNCIL k %' MEMBERS Z. Packard Cas ler Lewis Ku lch in Anear X \ MINUTES October 26, 1981 Page 2 - i [lo51 4. AB #6671 - THREE YEAR COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT. Council adopted the following Resolution: RESOLUTION NO. 6695, APPROVING A THREE YEAR COOPERATION AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. [85] 6. AB 86172 - Supplement #2 - AMENDMENT OF AGREEMENTS FOR RANCHO CARRILLO EIR. Council adopted the following Resolutions: RESOLUTION NO. 6698, AMENDING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LARRY SEEMAN ASSOCIATES, INC. FOR PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE RANCHO CARRILLO MASTER PLAN REVISION. RESOLUTION NO. 6699, AMENDING AN AGREEMENT- BETWEEN TRE CITY OF CARLSBAD AND DAON SOUTHWEST FOR THE PAYMENT OF CONSULTANT COSTS INCURRED FROM THE PROVISION OF AN ENVIRONMENTAL IMPACT REPORT ON THE RANCHO CARRILLO MASTER PLAN REVISION. I ITEMS REMOVED FROM CONSENT CALENDAR: [110]5. AB 116773 - MODIFICATION OF STAND-BY METER CHARGES FOR MOBILE HOME SPACES. Mr. Jack Kubota, P. 0. Box 1095, Carlsbad, addressed Council. Mr. Kubota referred to the proposed request before Council to revise the stand-by meter charges for mobile home parks, and suggested that apartment houses should also be included. He stated his opinion that an inequity exists between the two water districts, and added that in the event it is found that the rate payers have been overcharged, the City should consider rebating these amounts to the customers. In conclusion, Mr. Kubota requested that Council continue the matter, until further study and report could be done by Staff, and expressed willingness to respond to any questions. 4 Council Member Casler indicated she has spoken with the Utilities Director, who agreed that there was an inequity with regard to apartment houses which are also on a master meter. She added that Mr. Greer suggested that a study should be done in that area, as well as mobile homes, Following brief discussion, Council adopted the following Resolution, and requested further report on the matter: I RESOLUTION NO. 6697, REVISING WATER STANDBY CHARGES FOR MOBILE HOME PARKS BY REVISING RESOLUTION NO. 6065. - COUNCIL k % 4 MEMBERS Pac kard Cas ler Kulchin Lewis X Ane ar , October 26, 1981 MINUTES Page 3 MEMBERS COUNCIL k 7. AB /I6774 - VACATION OF A PORTION OF EL CAMINO REAL NORTH OF ELM AVENUE. Council Member Anear indicated that Council is being requested to release an easement to the adjacent property owner, and expressed concern that it is a considerable amount of property. He suggested that a condition be added requiring the installat ion of sidewalks and other improvements, concurrent with this dedication. Mayor Packard suggested that Council proceed to set the matter to public hearing, and request Staff provide the information at that time . Council adopted the following Resolution, and set a public hearing for November 17, 1981 at 6:OO P.M. : RESOLUTION NO. 6700, DECLARING INTENTION TO VACATE PORTION OF EL CAMINO REAL NORTH OF ELM. ORDINANCES FOR ADOPTION: 8. AB {I6760 - ZONE CODE AMENDMENT TO MODIFY DENSITY REQUIREMENTS - ZCA-138 - APPLICANT: CITY OF CARLSBAD. Council adopted the following Ordinance: ORDINANCE NO. 9606, AMENDING TITLE 21, SECTIONS 21.14.070 (R-3L), 21.16.070 (R-31, 21.18.050(2) (R-P), 21.20.100-(R-T), AND 21.22:080 (R-W) OF THE CARLSBAD MUNICIPAL CODE TO MODIFY THE DENSITY REQUIREMENTS OF THE R-3L, R-3, R-P, R-T, AND R-W ZONES. PUBLIC HEARINGS : 9. AB f6763 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT AMENDMENT - CT 80-9(A) /PUD-20(A) - APPLICANT: WOODWARD. The Planning Director gave a staff report on the matter. With the aid of wall exhibits, he explained the different phasing. Mr. Hagaman indicated there was concern expressed regarding the acceptance of the dedication of the street itself, and Staff is therefore recommending th addition of the following condition: 11 A conditional road opening must be obtained from the County Planning Commission for Melrose Avenue, prior to final map approval for Phase 1." For clarification purposes, the City Manager explained that Melrose Avenue is now in County territory, and the problem has been that previously the City Council considered the dedication of Melrose to the City; however it was decided at that time that it would not be appropriate to accept the dedication of Melrose, unless the area on the east side of Melrose Avenue were annexed. Mr. Aleshire continued that the annexation is being processed, and will come before Council at a later date. He reiterated that if the City does not annex it, Helrose Avenue will become a County road. P ac kard Cas ler Lewis Kulch in Anear Pac kard Cas ler Lewis Kulchin Anear I t X X \ MINUTES October 26, 1981 Page 4 ~~ - In response to Council query regarding how the annexation would affect the City if San Marcos were to object to same, Mr. Aleshire explained that when the hearings are held before LAFCO and the City Council, that decision will have to be made. He added that it is possible that the City of San Marcos may protest the annexation, as the territory in question is within the sphere of influence of the City of San Marcos. Mayor Packard opened the public hearing at 6:28 P.M., and extended the invitation to speak. Council recognized the applicant, Mr. Scott Woodward, 2725 Jefferson, Carlsbad. Mr. Woodward indicated that they are in total agreement with the Staff report as revised, as well as the condition read by the Planning Director. However, he stated that the applicant does not want the subdivision jeopardized by the annexation, as they are hoping to record the first phase prior to the end of this year. He added that the road opening should be in place by that time. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:31 P.M. Council directed the City Attorney to prepare documents approving CT 80-9(A)/PUD-20(A), per Planning Commission Resolution Nos. 1864 and 1865, with the addition of the condition read by the Planning Director. DEPARTMENTAL AND CITY MANAGER REPORTS: Engineering 1991 10. AB 86764 - MELROSE AVENUE ROAD DEDICATION. Council directed that the matter be filed. [47] 11. AB 86197 - Supplement #3 - AMENDING GRADING ORDINANCE. The City Engineer gave a brief staff report on the matter, essentially as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 8095, AMENDING TITLE 11, CHAPTER 11.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO PROVIDE FOR RECORDING A NOTICE OF GRADING VIOLATION BY THE CITY ENGINEER WHEN UNLAWFUL GRADING HAS OCCURRED AND TO REGULATE UNCONTROLLED STOCKPILES. City Manager [93] 12. AB /I6775 - OPERATIONS AND MAINTENANCE AGREEMENT FOR 1451 JOINT USE OF THE SAN MARCOS EFFLUENT DISPOSAL LINE., The City Manager gave a brief staff report on the matter, essentially as contained in the Agenda Bill. COUNCIL k 4 7 MEMBERS % Pac kard Cas ler Lewis X Kulchin Anear Pac kard Cas ler Lewis Kulchin Ane ar X Pac kard Cas le r Lewis Ku lch in Anear X 5 MINUTES October 26, 1981 Page 5 - Council adopted the following Resolution: . RESOLUTION NO. 6701, APPROVING AN AGREEMENT FOR THE OPERATION AND MAINTENANCE OF AN OCEAN FAILSAFE TREATED EFFLUENT OUTFALL PIPELINE. I Fire 1511 13. AB /I6776 - AMENDMENT TO CITY MUNICIPAL CODE, CHAPTER 17.04, FIRE PREVENTION CODE, AUTHORIZING POWERS TO ARREST AND ISSUE CITATIONS. I Brian Watson, Fire Marshall, gave a brief report on the matter, and responded to questions from Council. I Council introduced the following Ordinance: ORDINANCE NO. 2036, AMENDING TITLE 17, CHAPTER 17.04 OF THE CARLSBAD MUN1,CIPAL CODE BY THE ADDITION OF SECTION 17.04.011 GRANTING AUTHORITY TO CERTAIN FIRE PERSONNEL TO EXERCISE POWERS OF PEACE OFFICERS. Central Services [28] 14. AB 86751 - PERSONNEL BOARD APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 6692, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD; that member being Camille Mitkevich. [40] 15. AB 86777 - APPOINTMENT TO CARLSBAD BUILDING AUTHORITY. The matter was continued to the next regular meeting. OFF-AGENDA ITEM [gg] Carrillo Estates Unit No. 2 - Ponderosa - CT 73-29 The City Manager explained that this is a matter previously on the City Council agenda for approval, which Council had referred to Staff to work out some problems brought to their attention by the Homeowners Association. 4 Mr. Aleshire continued that the developer had pursued diligently in meetings with the Homeowners and City Staff in attempt to resolve the issues, prior to the deadline for this Council meeting; which he was unable to do. Mr. Aleshire added that the developer had indicated that he has concluded the negotiations, and believes he is in agreement with the Homeowners. In conclusion, Mr. Aleshire explained that any additional delay will cost the developer $2,000 per day, and he has therefore, requested Council consider the matter as an of f-agenda item. I Council agreed to take the matter up as an of f-agenda item. - COUNCIL %? MEMBERS \ Pat kard Cas ler X * Lewis Kulchin Anear Pac kard Cas ler Lewis Kulchin Anear X Pac kard Cas ler X Lewis Anear Kulch in Pac kard Cas ler Lewis Ku lch in An ear ;x . - MINUTES October 26, 1981 Page 6 Mr. Ron Beckman, Assistant City Manager/Development , continued the staff report, reporting on negotiations , as outlined in the letter of October 26, 1981 from Ponderosa Homes. Mr. Beckman added that representatives from the Rancho Carrillo Homeowners Association have indicated that the five items outlined in the letter from Ponderosa dated October 26, 1981, clearly and accurately outline the improvements that need to be made, and satisfy their concerns. Mr. Beckman further indicated that Ponderosa has provided bonds for the work, and recommended that Council make the finding that the Final Map is in conformance with the conditions of the Tentative Map. Mr. Tracy R. Richmond, 117 W. Plaza, Suite 1, Solana Beach, Attorney representing the Rancho Carrillo Homeowners Association, addressed Council. Mr. Richmond stated that they have found the five items outlined in the October 26, 1981 letter acceptable, with regard to lots 254 and 255. Mr. Ed LaVigueur, 6435 Flamenco Street , Carlsbad, addressed Council. Mr. LaVigueur stated that the Homeowners Association and Board of Directors are in total compliance with Items 1 through 5 as presented by Ponderosa Homes, and expressed appreciation to'the City for its assistance in the matter. Mayor Packard inquired if a representative for Ponderosa Homes wished to address the matter, and received a negative response. COUNCIL k % 4 MEMBERS Mayor Packard expressed concern with the wording on page 2 of the letter from Ponderosa Homes, dated October 26, 1981. The City Attorney suggested that if it is Councils' desire to approve the Final Map, the motion should indicate that Council does not accept the qualifications of page 2 of Ponderosa's letter of October 26, 1981, that Council accept their agreement to perform the work outlined in Items 1 through 5 of page 1 of the same letter, and that the appropriate findings be made. Council accepted the agreement from Ponderosa Homes to perform the work outlined on page 1 of their letter dated October 26, 1981; denied the acceptance of the qualifications on page 2 of the same letter; made the appropriate findings; and approved the Final Map of Carlsbad Tract 73-29, Carrillo Estate Unit No. 2. CITY ATTORNEY ADDITIONAL BUSINESS Mayor Packard commended Vincent Biondo, Jr., City Attorney, who was recently voted as the Second Vice- President of the League of California Cities, City Attorneys' Division. Council agreed to underwrite the necessary expenses for th City Attorney to attend the various meetings. Pac kard Cas ler Lewis Kulchin Anear Pac kard Cas ler Lewis Ku lch in X X Anear x, MINUTES October 26, 1981 k Page 7 COUNCIL %? MEMBERS - ADJOURNMENT By proper motion the meeting was adjourned at 7:08 P.M. Respectfully Submitted, @ *y 2s5GzLd N R. STEV NS, Deputy City Clerk A n R. Alleman, Minutes Clerk