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HomeMy WebLinkAbout1981-11-17; City Council; MinutesL -P i MINUTES A I MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 17, 1981 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: Council Chambers CALL TO ORDER The meeting was called to order by Mayor Packard at 6:01 P.M. ROLL CALL was taken by the City Clerk: 1 Present - Packard, Casler, Lewis, Kulchin, and Anear. INVOCATION was given by Pastor Neftli Solis, Spanish Assembly of God. PLEDGE OF ALLEGIANCE was led by Dan Hentschke, Assistant City Attorney. APPROVAL OF MINUTES: (Approved by one motion.) Minutes of the Regular Meeting, held November 3, 1981, were approved as submitted. Minutes of the Adjourned Regular Meeting, held November 10, 1981, were approved as submitted. CONSENT CALENDAR: Mayor Packard indicated that Item No. 8 has been removed from the Consent Calendar, and will be re-noticed. Council affirmed the action of the Consent Calendar, with the exception of Item No. 8, as follows: Lā€ WAIVER OF DOCUMENT TEXT READING: Council waived the reading of the text of all ordinances and resolutions before Council at this meeting. [SO] 1. AB A6803 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $484,700.13, for the period October 26 to November 6, 1981; Payroll demands in the amount of $248,622.18, for the period October 26 to November 8, 1981; and Housing demands in the amount of $51,844.71, for the period October 26 to November 6, 1981. t 1991 2. AB #6791 - Supplement fl - TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT - CT 81-34/CP-181 - APPLICANT: TRABERT/PERRIER. Council adopted the following Resolution: RESOLUTION NO. 6721, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-34) FOR A 6-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-181) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF NAVARRA DRIVE, LA COSTA. APPLICANT : TRABERT/PERRIER , r MEMBERS COUNCIL \ Packard Cas ler Kulchin Lewis X Ane ar Packard Casler Lewis Kulchin Anear X .p ' MINUTES November 17, 1981 Page 2 [99] 3. AB a6792 - Supplement 81 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-35/CP-182 - APPLICANT: NATIVE SUN INVESTMENT. Council adopted the following Resolution: t RESOLUTION NO. 6722, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-35) FOR A 14-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-182) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OCEAN AVENUE AND THE AT&SF RAILROAD. APPLICANT: NATIVE SUN INVESTMENT. [99] 4. AB W6236 - Supplement #2 - TENTATIVE MAP EXTENSION - CT 79-26 - APPLICANT: MORROW GOODMAN. I Council adopted the following Resolution: I RESOLUTION NO. 6723, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 79-26. [63] 5. AB f6805 - GRANT APPLICATION FOR PRESERVATION OF LIBRARY LOCAL HISTORY RESOURCES. Council adopted the following Resolution: RESOLUTION NO. 6724, AUTHORIZING STAFF TO SUBMIT NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANT APPLICATIONS. [991 6. AB a6252 - Supplement #2 - FINAL MAP - CT 80-4. Council approved the final map of Carlsbad Tract 80-4. [931 7. AB f6806 - CARLSBAD BOULEVARD STORM DRAIN BETWEEN CEREZO AND MANZANO DRIVES - CONTRACT NO. 1111. ~~~ Council adopted the following Resolution: RESOLUTION NO. 6725, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR CONSTRUCTION OF THE CARLSBAD BOULEVARD STORM DRAIN - CONTRACT NO. 1111. ITEM REMOVED FROM CONSENT CALENDAR: ~ [lo51 8. AB 86807 - ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION BLOCK GRANT (SB 174). t This item will be re-noticed at a later date. ORDINANCES FOR INTRODUCTION: 11131 9. AB f6789 - Supplement #l - ZONE CHANGE - ZC-242 - FRANDSEN. Council introduced the following Ordinance: ORDINANCE NO. 9607, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PRFANNEXATION CHANGE OF ZONE (ZC-242) FROM SAN DIEGO COUNTY E-1-A TO CITY OF CARLSBAD C-2-Q (COMMUNITY COMMERCIAL) AND R-D-M (RESIDENTIAL DENSITY MULTIPLE ZONE) TO ALLOW SUBSEQUENT ANNEXATION AND DEVELOPMENT IN CITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, NORTH OF ALGA ROAD. - 3 Packard Cas ler Lewis X Kulchin Anear a November 17, 1981 MINUTES COUNCIL /y % 7 MEMBERS % ' Packard Cas ler Kulchin Lewis X Anear Packard Cas ler Lewis X Kulchin Anear Packard Cas ler Lewis X Kulchin Anear Page 3 [72] 10. AB 86808 - NO PARKING ZONE ON WEST SIDE OF EL CAMINO REAL FROM KELLY DRIVE TO TAMARACK AVENUE. Council introduced the following Ordinance: I ORDINANCE NO. 3139, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF + CHAPTER 10.40.047 TO RESTRICT PARKING ON EL CAMINO REAL. I [96] 11. AB f6809 - SPEED LIMITS ON LEVANTE STREET - STOP SIGN ON SEACREST AT RIDGECREST. 1 Council introduced the following Ordinances: I ORDINANCE NO. 3140, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.100 TO REVISE THE SPEED LIMIT ON LEVANTE STREET. ORDINANCE NO. 3141, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.28.300 DESIGNATING STOP CONTROL ON SEACREST DRIVE AT RIDGECREST COURT. ORDINANCES FOR ADOPTION: [48] 12. AB $16802 - CITY ELECTION DATE. Mr. Maurice Kimball, 1623 James Drive, Carlsbad, addressed Council. Mr. Kimball expressed concern with regard to the merge of the municipal election with the State election, and stated his opinion that same will take away the importance of the local election. In conclusion, Mr. Kimball requested that Council re- consider the matter, and rescind their previous action. Council Member Lewis indicated that only approximately 15 percent of the population is usually accounted for in municipal elections, and stated his opinion that by merging with the State primary election in November, more people will actually vote in both the State and municipal elections. Council discussion reflected on the letter from Ray Ortiz, County Registrar of Voters. I Council adopted the following Ordinance: I t ORDINANCE NO. 1242, AMENDING TITLE 1, CHAPTER 1.12 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 1.12.020 TO REQUIRE THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE SAME DAY AS THE STATEWIDE DIRECT PRIMARY ELECTION. I ITEM OUT OF ORDER Mayor Packard requested that Council hear Item No. 23 at this time. Council concurred. I [lo71 23. AB 86774 - Supplement 81 - VACATION OF PORTION OF EL CAMINO REAL AT ELM. With the aid of a transparency showing the location of the proposed vacation, Les Evans, the City Engineer, gave a staff report on the matt.er. - - I November 17, 1981 MINUTES Page 4 Mayor Packard opened the public hearing at 6:24 P.M., and extended the invitation to speak. Council recognized Mr. Kenneth Lownsbery, 442 S. Escondido Blvd., Escondido. Mr. Lownsbery stated that the developer is willing to bond for the $42,000 in improvements to move forward on the project. In conclusion, he indicated that the applicant is in agreement with the staff recommendation, and expressed willingness to respond to any questions. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:25 P.M. The City Engineer responded to Council questions regarding the bonding, indicating that it would cause no problems, and suggested that a time limit of one year be imposed on s ame . Council adopted the following Resolution, with the modification of Condition No. 4 to allow for bonding for the improvements: RESOLUTION NO. 6727, VACATING A PORTION OF EL CAMINO REAL NORTHEAST OF ELM AVENUE. PUBLIC HEARINGS: I E991 13. AB 416790 - Supplement 81 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 81-13/PUD-25 - SCHWAB. With the aid of transparencies showing the location of the project and the proposed retaining wall, the Planning Director gave a staff report on the matter. He indicated that Staff is recommending a cribwall in lieu of the proposed retaining wall, which will allow for landscaping, deter any potential graffitti, and decrease tunnel effect. Director Hagaman continued that the applicant is not in agreement with the cribwall. He suggested the possibility of reducing the sidewalk from seven and a half feet to six feet to reduce the intrusion under the house, due to the grading which would be required. Director Hagaman responded to Council questions regarding the amount of intrusion for various sidewalk widths. Council Member Casler stated her opinion that both sides b of the street should be equally landscaped. Mayor Packard opened the public hearing at 6:38 P.M., and extended the invitation to speak. Council recognized Mr. Bob Liewer, 17801 Cartwright, Irvine, Civil Engineer representing the applicant. Mr. Liewer indicated that the applicant would prefer the vertical retaining wall, and explained the amount of construction cut required for a cribwall. COUNCIL /y %T MEMBERS Z. ' Packard Cas ler Lewis Kulchin Anear X \ November 17, 1981 MINUTES Page 5 I Mr. Liewer continued that another alternative would be to drive piles in the vicinity of the house, which would be rather expensive, and indicated that their soils engineer cannot guarantee that same would be successful. In conclusion, Mr. Liewer requested that the project be approved with the retaining wall, and expressed willingness to respond to any questions. Council discussion reflected the issue of soils. The City Engineer indicated that he has not done a soils analysis as of this time. In response to Council query, he stated he believed the cribwall could be safely constructed. In response to Council query, Mr. Liewer indicated that if a cribwall is recommended, the applicant would request a continuance on the matter. Council continued the public hearing to the next regular meeting . [85] 14. AB #6817 - ENVI-RONMENTAL IMPACT REPORT 81-5 - SHERMAN. The Planning Director reported that Planning Commission action was final, and Council filed the matter. I [85] 15. AB #6810 - ENVIRONMENTAL IMPACT REPORT - 80-7 - RANCHO CARRILLO. I With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. Mayor Packard opened the public hearing at 6:50 P.M., and extended the invitation to speak. Council recognized Mr. Jim Goff, representing the Daon Corporation and the property owners. Mr. Goff requested certification of EIR 80-7, and expressed willingness to respond to any questions. & Council recognized Mr. Jeff Okun, P. 0. Box 1874, San Marcos, representing Mr. and Mrs. S. G. Frahm. Be indicated that Mr. and Mrs. Frahm are not in opposition to this project; however, are concerned that the noise issue has not been adequately addressed. Council recognized Mr. James Downs, 1303 Crestridge Drive Oceanside, Planning Consultant representing Mr. Larry Grismer. Mr. Downs indicated that the raceway owners are concerned with regard to the new street alignment, and ar pleased to see the staff report which recommends a new alignment of that street. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:54 P.M. - 9 e COUNCIL /y %T MEMBERS + ' Packard Cas ler Lewis X Kulchin Anear Packard Casler Lewis X Kulchin Anear " - MINUTES November 17, 1981 Page 6 I The Planning Director referenced a letter received from Mrs. Frahm, and requested that same be made a part of the record. In response to Council query, Pat Tessier, Associate Planner, explained that an overall noise study has been done which indicates that the noise impact is contained well within the Carrillo property. He added that Staff are processed. He stated that there will be some noise to the Frahm property from Melrose, but that noise should be minimal. 1 will require further studies as the tentative tract maps Council Member Casler requested that attention also be given to the issue of grading when individual development projects are processed. Council certified EIR 80-7. [57] 16. AB f6811 - GENERAL PLAN AMENDMENTS. I GPA-59 (A) - SHERMAN This item was withdrawn. GPA-5 9 (B ) - SANTA FE COMPANY Mayor Packard opened the public hearing at 7:07 P.M. The Planning Director gave a staff report on the matter, with the aid of a transparency showing the location of the project area. Council recognized Mr. Bob Ladwig, Rick Engineering, 3088 Pi0 Pico, Carlsbad. Mr. Ladwig indicated that they are in agreement with the staff recommendabion, and Planning Commission findings. He requested approval of GPA-59(B), and expressed willingness to respond to any questions. Council recognized Mr. Bill Cole, Professor of Electrical Engineering at UCSD, and operator of the UCSD solar wind radio antenna. He indicated that UCSD is satisfied that the EIR addresses their concerns, and added that they will specifically address the matter at the time the Specific Plan is submitted. GPA-5 9 ( C ) - OCCIDENTAL b With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. Council recognized Mr. Joe Sandy, 2956 Roosevelt, Carlsbad. Mr. Sandy urged approval of GPA-59(C), and expressed willingness to respond to any questions. GPA-59(D) - DAON CORPORATION The Planning Director gave a staff report on the matter, with the aid of a transparency showing the location of the project area. Director Hagaman indicated that since the EIR was based on the Master Plan proposal, it only addresses the Master Plan density of 2,998 dwelling COUNCIL /y % 3 MEMBERS .;t ' Packard Cas ler Lewis Kulchin Anear X MINUTES November 17, 1981 Page 7 I- Director Hagaman continued that at the Planning Commission hearing, the Assistant City Attorney expressed concern that there was a risk to the City in approving the General Plan Amendment. He added that in trying to resolve the issue, an amendment to this General Plan Amendment has been prepared by the City Attorney's Office for this GPA to allow designation of a maximum number of dwelling units . Council recognized Mr. Jim Goff, 1241 Elm Avenue, Carlsbad, representing the Daon Corporation and the property owners in the involved General Plan Amendment area. Mr. Goff stated that they would support the recommendation by the Planning Staff and City Attorney's office in terms of qualifying the intention of the General Plan Amendment. I With regard to the alignment of Palomar Airport Road, Mr. Goff indicated that they will consider options at the Master Plan stage. In conclusion, Mr. Goff expressed willingness to respond to any questions. Council recognized Mr. James Downs, 1303 Crestridge Drive, Oceanside, representing Mr. Larry Grismer and Associates. Mr. Downs stated that they are interested in the location on Palomar Airport Road, and added that they have apprised the Planning Staff and Council of their willingness to participate in joint planning. In conclusion, he indicated that they have no opposition to the General Plan Amendment. GPA-59 (E) - CARLTAS I With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. 1 GPA-59 (H) - CITY OF CARLSBAD , - , The Planning Director gave a staff report on the matter, with the aid of a transparency showing the location of the project. Director Hagaman responded to Council questions regarding the PI (Planned Industrial) designation, and access onto Palomar Airport Road. I GPA-59(1) - HIEATT + With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. GPA-59 (J) - CITY OF CARLSBAD The Planning Director gave a staff report on the matter. He responded to Council questions indicating that standards should be adopted prior to any applications being received for a General Plan Amendment for this designation. He also stated that this General Plan I ~ Amendment does not increase the height limit. Q November 17, 1981 MINUTES Page 8 Council recognized Mr. Andrew McReynolds, 2316 Calle Chiquita, La Jolla. Mr. McReynolds addressed GPA-59(H), and indicated that he is the owner of the properties under the PI and P-M zoning. He continued that he is in accord with the proposed uses; however, requested that he be allowed to maintain access to his property off of Palomar Airport Road. 6 Mayor Packard responded that Mr. McReynolds' concerns do not affect the General Plan Amendment, and will be addressed at the time the Specific Plan is submitted. He added that the general indication is that Staff would not look with favor upon having significant access to the PI on Paseo Del Norte. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 8:OO P.M. Council directed the City Attorney to prepare documents approving GPA-59 (B) , GPA-59 (C) , GPA-59 (Dl (with the inclusion of a condition restricting the number of units,) GPA-59(E), GPA-59(H), GPA-59(1), and GPA-59 (J) . 1 RECESS Mayor Packard called a recess at 8:04 P.M., and Council reconvened at 8:17 P.M., with five members present. 1 ill31 17. AB /I6812 - CONDOMINIUM PERMIT AMENDMENT - CP-36(A) - LA COSTA VALE, LTD. The Planning Director gave a staff report on the matter, with the aid of a wall exhibit, and indicated that in Staff's opinion, the redesign to accomodate the visitor parking is a better design. I Council Member Anear expressed concern with regard to on- street parking. Mayor Packard opened the public hearing at 8:21 P.M., and extended the invitation to speak. Council recognized Mr. John Cooper, 1764 San Diego Avenue, San Diego, representing the applicant. Mr. Cooper indicated that only visitor parking is off-street, and the street only serves the development. + Since no one else wished to speak on the. matter, Mayor Packard closed the public hearing at 8:25 P.M. Council directed the City Attorney to prepare documents approving CP-36(A), per Planning Commission Resolution No. 1882. 1991 18. AB #6813 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-1/CP-146 - CALSO. The Planning Director gave the staff report, essentially as contained in the Agenda Bill. Mayor Packard opened the public hearing at 8:27 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. c - COUNCIL \ %? MEMBERS Packard Cas ler Lewis Kulchin Anear X Packard Cas ler Lewis X Kulchin Anear - MINUTES November 17, 1981 Page 9 1 Council directed the City Attorney to prepare documents denying without prejudice CT 81-1/CP-146, per Planning Commission Resolution No. 1886. + [gg] 19. AB f6814 - INDUSTRIAL TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-38/CP-184 - CARLSBAD INDUSTRIAL ASSOCIATION, LTD. With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. Mayor Packard opened the public hearing at 8:34 P.M., and extended the invitation to speak. Since no one wished to speak on th.e matter, the public hearing was closed. Council directed the City Attorney to prepare documents approving CT 81-38/CP-184, per Planning Commission Resolution No. 1880. i [113] 20. AB %6815 - ZONE CHANGE - ZC-235 - NEWPORT SHORES. With the aid of a transparency showing the location of the project, the staff report was presented by the Planning Director, essentially as contained in the Agenda Bill. Mayor Packard opened the public hearing at 8:37 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. Council directed the City Attorney to prepare documents approving ZC-235, per Flanning Commission Resolution No. 1881. [log] 21. AB 86818 - VARIANCE 326 - CORSO. Mayor Packard announced that in response to a request, this item was removed from the agenda. + [98] 22. AB 86968 - Supplement #l - STREET NAME CHANGE - SNC-17 - CHAMBER OF COMMERCE. The Planning Director gave a brief staff report on the matter, with the aid of a transparency showing the location of the request and surrounding properties. Mayor Packard referred to the letter of November 12, 1981 from Mr. Harry B. Vollmer, 3990 Highland Drive, Carlsbad, in opposition to the street name change, and requested same be entered into the record. I - COUNCIL .k % 7 MEMBERS Packard Cas ler Lewis X Anear Kulchin Packard Cas ler Lewis X Anear Kulchin Packard Cas ler Lewis Kulchin Anear X 9 MINUTES November 17, 1981 Page 10 In response to Council query, Mr. Brown indicated that the Chamber did not survey owners of vacant land; however, all other property owners and tenants were surveyed and are in support of the name change. Council Member Anear suggested that if approved, the street name changexot take effect until January 1, 1982, to allow for prompt delivery of holiday mail. Mayor Packard opened the public hearing at 8:43 P.M., and extended the invitation to speak. Council recognized Mr. Don Brown, Carlsbad Chamber of Commerce. He indicated that the request for the street name change is being made to recognize one of Carfsbad's prominent citizens, and requested approval of same. Council recognized Mr. Jim Schwab, 2924 Highland Drive, Carlsbad. Mr. Schwab inquired as to the City policy with regard to renaming streets, and expressed concern that the proposed street name change does not meet City pol icy. Council recognized Mr. Rex Wilson, Editor of the Carlsbad Journal. Mr. Wilson spoke in favor of the street name change, and stated his opinion that same would be a lasting memorial of Mr. B. M. Christiansen. Since no one else wished to speak on the matter, Mayor Packard closed .the public hearing at 8:54 P.M. Council directed the City Attorney to prepare documents approving SNC-17, per Planning Commission Resolution No. 1885, to become effective January 1, 1982. I Council Member Anear requested that the residents affected by the street name change be properly notified of same. I [lo71 23. AB /I6774 - Supplement 81 - VACATION OF PORTION OF EL CAMINO REAL AT ELM. I I This item was heard out of order, after Item No. 12. +, DEPARTMENTAL AND CITY MANAGER REPORTS: City Manager 921 24. AB 86737 - Supplement fl - CALAVERA HILLS TREATMENT PLANT. Mr. Ron Beckman, Assistant City Manager/Development , gave a staff report on the matter, indicating the following revisions to the draft agreement: 1) Page 6, Section 8; to reflect reimbursement to the developer by the San Marcos County Water District. 2)' Page 15, changing the address of Lake Calavera Hills Associates, to 2141 Industrial Court, Suite E, Vista, California. c - COUNCIL k %? MEMBERS Pac kard Cas ler Lewis Kulch Cn Anear X - - November 17, 1981 MINUTES Page 11 Mr. Roy Ward, General Partner, Lake Calavera Hills Associates, addressed Council. Mr. Ward indicated they are in general agreement with the negotiations regarding the matter, and added that they are willing to continue under the original agreement. Mr. Ward continued stating that he understood that they were to receive credit for every dollar they had expended on the facility to date. He stated his belief that interest on the construction loan should be credited up until November 1, 1981, rather than October 1, 1981. In conclusion, Mr. Ward expresed concern that his letter to the City was not included in the Council packets. In response to Council query regarding additional months interest, Mr. Ward explained that it would be approximately $37,000., with an additional $3,300. in interest on the money invested in the San Marcos Outfall Connection Line. Council discussion reflected on the negotiations through September, 1981. Council Members Lewis and Anear indicated that during negotiations a date of October 1, 1981 had been agreed upon for interest, but operating expenses would be paid for the entire period. For clarification purposes, Council Member Casler explained that the City is crediting Mr. Ward with a certain number of sewer permits for the future, and no money is changing hands. She added that Mr. Ward is paying for those sewer connection fees by the construction of the Plant and dedication of same to the City. Council adopted the following Resolutions, with the revisions as outlined by Mr. Beckman, and allowing credit for the maintenance of the facility to date: RESOLUTION NO. 6663, APPROVING WITH CONDITIONS A R?WISION TO AN AGREEMENT BETWEEN THE CITY AND LAKE CALAVERA HILLS ASSOCIATES DATED DECEMBER 26, 1979, AND AUTHORIZING THE MAYOR TO SIGN FOR THE CITY. RESOLUTION NO. 6728, ACCEPTING TRANSFER OF OWNERSHIP OF CAPACITY RIGHTS IN THE SAN MARCOS COUNTY WATER DISTRICT TREATED EFFLUENT OUTFALL PIPELINE FROM LAKE CALAVERA HILLS ASSOCIATES TO THE CITY OF CARLSBAD. OFF AGENDA ITEMS ā€™ Park Drive Public Improvements Mayor Packard requested that Council take the matter of the Park Drive Public Improvements up as an off agenda item. Council concurred. With the aid of a transparency showing the location of th project, the City Engineer gave a brief staff report explaining the use of Future Improvement Agreements. He indicated that in a particular location on Park Drive, such agreements had been obtained from several property owners. Therefore, the City mailed letters to notify thos property owners that it is now time to install those street improvements. Due to financial reasons, several of the property owners were appealing that decision. - e le 3 COUNCIL k %? MEMBERS Packard Cas ler Lewis Kulchin Anear 1 L X 0;2 MINUTES November 17, 1981 Page 12 I In response to Council query, Mr. Evans stated that there were options to calling the agreements. He indicated if the property owners all agree, it could be done as an assessment district. He also stated the City could put in the improvements and then be reimbursed by the property owners. Mr. Allan MacDougall, 4500 Park Drive, Carlsbad, addressed Council. Mr. MacDougall showed Council a picture of the property in front of his residence, and expressed concern that with the execution of the street improvements, 17 trees would have to be removed at approximatelly $500 per tree. He also stated his opinion that it is not fair to the residents to have to pay for curbs and gutters to help the parking situation for Bristol Cove. In conclusion, Mr. MacDougall indicated that the cost of the street improvements would be approximately $48,400., and same is not feasible for him at this time. Mr. Richard Dickerson, 4600 Park Drive, Carlsbad, addressed Council. He requested clarification as to the urgency to act on the street improvements at this time, and stated that his problems are financial also. In conclusion, he urged Council to reconsider the matter. Mr. Jim Alvord, 4602 Park Drive, Carlsbad, addressed Council. Mr. Alvord spoke in opposition of the matter, and requested Council reconsider same. Mr. Joe Wilson, 4916 Avila Avenue, Carlsbad, addressed Council. Mr. Wilson stated his opinion that the City is requesting the street improvements at this time to alleviate the parking problems for Bristol Cove, and suggested that the Police Department provide stricter enforcement in the area. Mayor Packard stated his opinion that the actual problem is further south, and suggested a better time to exercise the future street agreements would be at the time that area is improved. Les Evans, the City Engineer, suggested that the Council may wish to reconsider accepting future improvement agreements. Council directed that the future street agreements be exercised when the balance of the street to the south is improved. Marron Road and Monroe Street Council Member Anear requested that Council take the matter up as an off agenda item. Council concurred. MEMBERS COUNCIL k Packard Cas ler Lewis X Kulchin Ane ar Council Member Anear suggested that consideration be given to opening Monroe Street with a turn pocket off of Marron Road. The City Engineer responded that the City owns the street, and the intersection warrants a traffic signal when it is opened. Council discussion reflected the affect on the intersection during the holiday season, and provisions for enforcement of same. e- . MINUTES 33 November 17, 1981 Page 13 Council concensus indicated their desire to delay opening the street until the traffic signal is installed. COUNCIL REPORTS SANDAG Council Member Casler reported on the recent SANDAG meet ing . Parks and Recreation Council Member Lewis reported on a recent Parks and Recreation Commission meeting. He reported that the Commission has requested that they not be by-passed with regard to consideration of park area. NCTD Council Member Hulchin reported on a recent NCTD meeting. CITY ATTORNEY ADDITIONAL BUSINESS Dan Hentschke, Assistant City Attorney, reported on the status of the Mark Allen Henry case, regarding the City of Carlsbad and Officer Forman. Mr. Hentschke also reported on the status of the case involving the City vs. Robertson, the agreement with SDG&E, and the La Costa law suit. ADJOURNMENT By proper motion the meeting was adjourned at 10:30 P.M., to Tuesday, November 24, 1981 at 6:OO P.M. Respectfully Submitted, - aQcab 44. ALETHA L. MUTE Ann R. Alleman, Minutes Clerk 5 COUNCIL \y 559 "0 L MEMBERS Z. f