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Home My WebLink About1982-01-19; City Council; Minutesa- MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 19, 1982 5 PLACE TIME OF OF MEETING: MEETING: 6:OO P.M. \\y %9 A Council Chambers COUNCIL /o +*%? MEMBERS Z. 6 Z. CALL TO ORDER was made by Mayor Packard at 6:02 P .M. ROLL CALL was taken by the City Clerk: Present - Packard, Casler, Lewis, K-ulchin, and Anear. INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was led by Council Member Lewis. APPROVAL OF MINUTES: (Approved by one motion.) Minutes of the Regular Meeting, held January 5, 1982, X P ackard were approved as submitted. Cas ler X Lewis X Minutes of the Adjourned Regular meeting, held January Kulchin xx Anear 12, 1982, were approved as submitted. X PRESENTATION - Energy Award Mayor Packard presented awards to five members of the City Sanitation Crew; John Montanez, Patrick Kelley, Rudy Graziano, Steven Pearce, and Ralph Gonzales, for their suggestion for an electric motor with a backhoe device. CONSENT CALENDAR: Council Member Lewis indicated he would cast a negative vote on Item No. 5. Council Member Anear requested Item No. 8 be removed from the Consent Calendar for discussion. Council affirmed the action of the Consent Calendar, with Packard X the exception of Item No. 8, as follows: Casler X Lewis X Kulchin xx Anear X i ~ WAIVER OF DOCUMENT TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. [50 [ 1. AB #6862 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $1,629,502.75 for the period December 29, 1981 to January 11, 1982; Payroll demands in the amount of $254,201.60 for the period December 21, 1981 to January 3, 1982; and Housing Authority demands in the amount of $1,045.30 for the period December 29, 1981 to January 11, 1982. [50] 2. AB f6863 - REFUND OF OVERPAYMENT OF SEWER LATERAL. Council approved a refund of $690.00 to Good & Roberts, Inc., €or overpayment of sewer lateral fees. [64] 3. A3 #6520 - Supplement 84 - GENERAL STREET LIGHT CONVERSONS - CONTRACT NO. 1107. Council accepted the work, and directed the City Clerk to have the Notice of Completion recorded, and to release the bonds 35 days after recordation. " January 19, 1982 MINUTES Page 2 170 1 E99 1 E501 [451 1271 [991 E371 E251 E501 ~~~~~~ 4. AB #6516 - Supplement 81 - CALIFORNIA PARKLANDS ACT OF 1980. Council adopted the following Resolution: RESOLUTION NO. 6761, APPROVING THE APPLICATION FOR 1980 STATE GRANT MONEYS FOR MACARIO CANYON PARK LAND ACQUISITION. 5. AB #6858 - Supplement #l - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-44/CP-190: AMERICAN WEST DEVELOPMENT. Council adopted the following Resolution: RESOLUTION NO. 6762, DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION DECISION TO APPROVE WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-44) AND CONDOMINIUM PERMIT (CP-190) FOR A 19-UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND SEOUOIA AVENUE. APPLICANT: AMERICAN WEST. 6. AB 86864 - AWARD OF CONTRACT FOR SOFTWARE SERVICES. Council adoped the following Resolution: RESOLUTION NO. 6763, AWARDING THE CONTRACT FOR THE INSTALLATION OF VARIOUS SOFTWARE APPLICATIONS TO RESPONSIVE DESIGN, INC. 7. AB 86865 - SUPPLEMENTAL INFORMATION - 1981 FINANCIAL REPORT . Council acknowledged receipt of the report. 9. AB #I6710 - Supplement f2 - FINAL MAP CARLSBAD TRACT 81-11. Council approved the Final Map of Carlsbad Tract 81-11. 10. AB 86867 - APPOINTIVE OFFICES - LIST OF VACANCIES FOR 1982. Council acknowledged receipt of the list, and directed the City Clerk to publish the list and post same in the City Clerk's Office, and authorized the City Clerk to publish a display ad to invite applications. 11. AB 86787 - Supplement 81 - MOLA REORGANIZATION. Council adopted the following Resolution: RESOLUTION NO. 6765, AMENDING RESOLUTION NO. 6714, WHICH APPROVED THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE MOLA ANNEXATION TO INCLUDE THE DETACHMENT OF SAID PROPERTY FROM THE LEUCADIA COUNTY WATER DISTRICT. 12. AB /I6868 - APPROPRIATION OF PRIOR YEAR ENCUMBRANCES. Council adopted the following Resolution: RESOLUTION NO. 6766, APPROPRIATING FUNDS TO VARIOUS ACCOUNTS TO FUND PRIOR YEARS ENCUMBRANCES. - COUNCIL \\y S% % ?$%? MEMBERS Z. t,p Z. ~ Lewis a* MINUTES COUNCIL \\y 5 % ?&? January 19, 1982 Page 3 MEMBERS .;t @ + ITEM REMOVED FROM CONSENT CALENDAR: [81] 8. AB 86866 - DISPOSAL OF PROPERTY AT 1265 STRATFORD LANE. Council Member Anear suggested that Council might wish to consider putting the house and lot on the market, if the City has no future plans for the property at 1265 Strat ford Lane. He stated his opinion that with some rennovation, the house might serve the needs for a low and moderate income property, and req.uested Council consideration of same. Following brief discussion, Council adopted the following Packard X Resolution: Cas ler X RESOLUTION NO. 6764, DECLARING A BUILDING AT 1265 Kulchin xx STRATFORD LANE SURPLUS AND AUTHORIZING THE DISPOSAL Anear X OF SUCH BUILDING. Lewis ORDINANCES FOR ADOPTION: [76] 13. AB !I6860 - DELETING REOUIREMENT FOR FOUR AFFIRMATIVE VOTES FOR PLANNING COMMISSION ACTION. Council adopted the following Ordinance: X Anear SECTION 2.24.070 TO DELETE THE REQUIREMENT FOR FOUR X Kulchin OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF X Lewis ORDINANCE NO. 1244, AMENDING TITLE 2, CHAPTER 2.24 xx Cas ler X Packard AFFIRMATIVE VOTES FOR PLANNING COMMISSION ACTION. 1371 14. AB #6857 - CITY COUNCIL SALARIES. Council adopted the following Ordinance: X Anear SECTIONS 2.04.010 AND 2.04.020 TO INCREASE THE X Kulchin OF THE CARLSRAD MUNICIPAL CODE BY THE AMENDMENT OF X Lewis ORDINANCE NO. 1243, AMENDING TITLE 2, CHAPTER 2.04 xx Casler X Packard COMPENSATION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. ORDINANCES FOR INRODUCTION: [I 131 15. AB /I6017 - Supplement #l - RANCHO CARRILLO MASTER PLAN AMENDMENT (139-A). Mr. Jim Goff, representing the Daon Corporation, 1241 Elm Avenue, Carlsbad, addressed Council. Mr. Goff indicated he was also speaking on behalf of the other property owners. He stated he is in favor of the introduction of the Ordinance; however, requested some assurance from the City that they will be provided with water in the area at the time development occurs. Mayor Packard responded that the developer would not be without water, whether it be provided by the City or Costa Real, and suggested that Council might wish to consider modifying the Ordinance to provide for same. Following brief Council discussion on the matter, Mayor Packard suggested that Council trail the item to the end of the meeting, as he had an off-agenda item he wished to propose to Council that would tie in with this item. Council concurred. -/ MINUTES January 19, 1981 Page 4 PUBLIC HEARINGS: I ~1131 16. AB ij6869 - PREANNEXATIONAI, ZONE CHANGE - ZC-241 - HIEATT. t With the aid of a transparency showing the location of the matter . I the project, the Planning Director gave a staff report on Mayor Packard opened the public hearing at 6:23 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. I Council directed the City Attorney to prepare documents approving ZC-241, per Planning Commission Resolution No. 1902. I [gg] 17. AB /I6870 - TENTATIVE MAP AND CONDOMINIUM CONVERSION PERMIT - CT 81-41/CP-187 - SHELDON ENTERPRISES. 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. In response to Council query regarding the letter from Mr, Hal Zack regarding the Soil Conservation Service, Les Evans, the City Engineer, explained that same has been taken care of and is covered in Condition No. 32 of the Resolution. Council Member Lewis expressed concern with regard to the affect the conversion would have on the number of rentals in the City, and inquired if a study had been done on same . Director Hagaman explained that such a study would be difficult, as the statistics do not break down house or condominium rentals from apartment rentals. Council Member Anear referenced Condition No. 11 of the Resolution with regard to the maintenance of the landscaped areas, and stated he is not satisfied with the provisions for enforcement of same. Director Hagaman explained that the City enforces on a 1 complaint basis, in all aspects of the Code. If it is still not complied with, the matter is turned over to the City Attorney's Office for action. Mayor Packard opened the public hearing at 6:33 P.M., and extended the invitation to speak. Council recognized Mr. Terry Sheldon, the applicant. Mr. Sheldon gave some background on the matter, and indicated that his project meets the Ordinance, above many of the requirements. He stated he is concurrence with the Staff recommendation and agrees to all conditions of approval, and requested approval of the project. - COUNCIL \\y 5 % ?$$P MEM6ERS 2. 6 2. Packard Lewis X Cas ler X xx Anear X Kulchin X ~ o(J MINUTES January 19, 1982 Page 5 I Mr. Sheldon continued, referencing the packet he distributed to Council outlining the project design, and briefly discussed same. He added that he has signed agreements with 83 percent of the tenants in the complex, guaranteeing their occupancy for the next six months with no rent increases. In addition, Mr. Sheldon has agreed to provide those tenants who wish to purchase their units a five percent discount on the selling price, as well as low interest financing programs. For those tenants who do not wish to purchase their units, but who stay through the conversion he has offered relocation assistance of two months rent. Council recognized Mr. Charles B. Christensen, Civil Engineer, 233 "A" Street, Suite 1200, San Diego. With the aid of a wall exhibit, Mr. Christensen outlined the proposed changes to the project, and urged approval of same. Council recognized Ms. Linda Lange, 2350 Hosp Way, Apt. 209, Carlsbad. Ms. Lange indicated she was representing several other tenants from the complex, and stated she has lived there for two (2) years. Ms. Lange stated that even though Mr. Sheldon will be offering financing programs to those tenants who may wish to purchase their units, the interest rates are not the problem, it is the down payment required to purchase. In conclusion, Ms. Lange expressed concern that there are no other apartment dwellings in the City that allow children, and requested Council consideration of the needs of the citizens in the matter. In response to Council query, Ms. Lange stated she represents approximately 20 tenants, and indicated that the tenants only had one day to make a decision regarding the agreement with Mr. Sheldon. Council recognized Mrs. Marian Pearson, 2312 Hosp Way, Apt. 214, Carlsbad. Mrs. Pearson stated she has been a tenant in the complex for three and a half years, and expressed concern with regard to the maintenance if the project is approved. Council recognized Mr. Hal Zack, 3969 Adams Street, Carlsbad. Mr. Zack addressed erosion and safety hazards, expressing concern with regard to the condition of the slopes, and referencing the letter from Patrick Burk, District Conservationist, of January 8, 1982 regarding erosion. Mr. Zack stated if Council was only going to approve the project because it meets the Ordinance, they should revise the current Ordinance. He continued to speak in opposition to the project, and requested denial of same. Council recognized Mr. Bernard Anshel, 2310 Hosp Way, Apt.209, Carlsbad. Mr. Anshel spoke in opposition to the project, and requested denial of same. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 7:16 P.M. COUNCIL I\! % 91% MEMBERS % $% \ % 9 c;( MINUTES I I January 19, 1982 Page 6 I The Planning Director responded to Council questions regarding other apartment complexes in the City that allow children, and the ability of the City to monitor the maintenance of such projects. The City Engineer responded to Council questions regarding the condition of the slopes. Council Member Lewis expressed concern with regard to the limited number of rentals in the City that allow children. Council discussion reflected provisions for low and moderate income housing, access to El Camino Real and the shopping center, and the number of available rentals in the City. With regard to the relocation assistance, Director Hagaman indicated that although the applicant is agreeing to provide assistance equivalent to two months rent, the Ordinance only requires one month. Council directed the City Attorney to prepare documents approving CT 81-41/CP-187, per Planning Commission Resolution No. 1900; with an additional condition requiring the applicant to provide relocation assistance equivalent to two months rent. 18. AB #6871 - CONDOMINIUM PERMIT AND TENTATIVE MAP - 39 1 CT 81-39/CP-185: CONDO "5". The Planning Director gave a staff.report on the matter with the aid of a transparency showing the location of the project. Be indicated that the storage area meets the Ordinance requirements; however, Staff feels they are inconveniently located for the east wing. With regard to parking, Director Ragaman indicated that parking is contained as open parking adjacent to the building, and the applicant is beyond the normal standards. In conclusion, Director Hagaman indicated that as a condominium, Staff would not give the same recommendation; however, since it is a time share project, Staff is recommending approval. In response to Council query, the City Attorney explained that this project should not be considered as precedent ) setting for time share condominium projects. He stated that it is not in a residential zone; it is a hotel and meets all hotel standards. Council Member Anear referenced Condition No. 25 of the Resolution regarding improvement of the median on El Camino Real, and stated his opinion that the City should obtain funds from the applicant for same at this time. Mayor Packard opened the public hearing at 7:46 P.M., and extended the invitation to speak. Council recognized Mr. Paul Graham, 7286 El Camino Real, Carlsbad, representing Rancho La Costa. Mr. Graham outlined the amenitities that will be offered through the project, and expressed willingness to respond to any questions. COUNCIL \\y 5 %?$, %% 3, 1 MEMBERS Z. 8 Z. Packard X Cas ler X X Anear xx Kulchin Lewis a/ MINUTES January 19, 1982 Page 7 i Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 7:51 P.M. With regard to Condition No. 25, the City Attorney explained that it would have to be modified since lien contracts are only allowed for parcel maps. For major subdivisions, all public improvements must be complete 1 before the Final Map. Council directed the City Attorney to prepare documents approving CT 81-39/CP-185, per Planning Commission Resolution No. 1905; with the correction to Condition No. 25 as outlined by the City Attorney. [70 1 E701 DEPARTMENTAL AND CITY MANAGER REPORTS: Parks and Recreation ~~ 19. AB i’6872 - SPECIAL EVENT PEEWIT FOR AGUA HEDIONDA LAGOON. The Parks and Recreation Director gave the staff report, essentially as contained in the Agenda Bill. Mr. Dave Samons, General Manager of the Snug Harbor Marina, addressed Council. Mr. Samons responded to Council questions regarding the number of people anticipated to attend the event, and overflow parking, indicating that the owner of the Marina has acquired the far east beach to accomodate overflow parking. He added that the only problem was the section of land between; however, they have worked that out with the property owner. Following brief discussion, Council adopted the following Resolution: RESOLUTION NO. 6767, APPROVING THE ISSUANCE OF A SPECIAL PERMIT TO SNUG HARBOR MARINA, TRANS WORLD RECREATION TO CONDUCT JET SKI RACES AT AGUA HEDIONDA LAGOON. 20. AB #6873 - REVISION OF PARK-IN-LIEU FEE. The Parks and Recreation Director gave the staff report, essentially as contained in the Agenda Bill. Council Member Lewis stated he has some concerns; however, he would go along with the recommendation to try it for a year. Council adopted the following Resolution, and directed Staff to prepare the necessary documents and resolutions to: A. Adopt a Standard Fee for the computation of the Park-In-Lieu Fee as presented in the staff report -.- COUNCIL \\y 5 %?$$? MEMBERS 2. 6 2. Packard Lewis X Casler X x~ Kulchin X Anear xx ~ ~ Packard X Anear X Kulchin X Lewis xx Cas ler X Packard X Anear X Kulchin X Lewis xx Cas ler X 30 MINUTES January 19, 1982 Page 8 I B. Require private developers to pay both the Park- In-Lieu and Public Facilities fees. Credit will not be granted towards either fee. t I C. Require developments of approximately 200 acres or more to dedicate land; developments of approximately 200 acres or less will be req.uired to pay fees unless determined otherwise by City Counc i 1. I). Eliminate the 25% credit granted to developers for providiing private open space. E. Instruct Staff to evaluate land values on an annual basis. WSOLUTION NO. 6768, ESTABLISHING FOUR PARK AREAS FOR IMPLEMENTATION OF CHAPTER 20.44 OF THE MUNICIPAL CODE WHICH PROVIDES FOR LAND DEDICATIONS OR THE PAYMENT OF FEES IN LIEU THEREOF FOR PARK PURPOSES AS A CONDITION OF THE SUBVIDISION OF LAND IN THE CITY. City Attorney [41] 21. AB $6874 - JOINT USE AGREEMENT RE CITY OF CARLSBAD [45 1 v. ROBERTSON CONDEMNATION PROCEEDINGS. [281 [861 The City Attorney gave a brief staff report on the matter. Council adopted the following Resolution: RESOLUTION NO. 6769, APPROVING A JOINT USE AGREEMENT BETWEEN THE SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF CARLSBAD AM) AUTHORIZING THE MAYOR TO EXECUTE SAID AGlU3EkENT. Central Services 22. AB 86875 - HOUSING & REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENT. Mayor Packard requested Council input and recommendations for this appointment before the next regular meeting. City Manager 23. AB f6876 - REQlJEST TO ADDRESS CITY COUNCIL - ASSOCIATION OF CARLSBAD TAXPAYERS. Mr. John Gray, 5451 Los Robles Drive, Carlsbad, representing the Association of Carlsbad Taxpayers, addressed Council. Mr. Gray distributed copies of a "Petition to the City of Carlsbad for a proposed Ordinance,'' urging the adoption of an Ordinance providing for voter approval of the acquisition or development of real property, costing in excess of $1,000,000 in City funds. Mr. Gray requested Council consideration of the proposal, and a decision at their next regular meeting. In response to Council query, Mr. Gray explained that the Association authorized the Board of Directors to draft the proposed Ordinance. He added that there are 53 members belonging to the A.ssociation. - COUNCIL \\$ S% % ?$%? MEMBERS .Z. tp Z. Packard Lewis X Cas ler X X Ane ar xx Kulchin X I - I MINUTES /7 January 19, 1982 Page 9 Council discussion reflected concern that the City would tend to loose the effectiveness of a good Council if every project of size would require a vote, and that such a restriction would frustrate the planning process. Also noted was the availability of the referendum process. Council discussion reflected the costs to the City for elections, and the affect such an Ordinance would have on certain projects and development. Following discussion, Mayor Packard suggested that Council refer the matter to Staff for further study, and report back to Council at the next regular meeting. Council concurred. [62] 24. AB 116877 - LEGISLATIVE MATTERS. The City Manager gave a brief report on the matter, and distributed copies of a letter from SANDAG of January 18, 1982, regarding a Legislative Update on AB 1152, Kapilo f f . Following brief and City Manager communicate the discussion, Council authorized the Mayor . to take appropriate action to Council's policy position on certain Legislative Matters, as contained in the Agenda Bill. OFF-AGENDA ITEM Water Service - City of Carlsbad and Costa Real MuniciDal Water District Mayor Packard requested Council take the matter of the agreement between the City and Costa Real Water District up as an off-agenda item. Council agreed to take the matter up as an off-agenda item. Mayor Packard reported on his meeting with Mr. Mac Leod from the Costa Real Municipal Water District, regarding options in attempting to reach an agreement, prior to March 11, 1982, when the existing agreement is revoked. Mayor Packard continued that it does not seem likely that 1 an agreement will be reached in such a short period of time. He indicated that if the agreement is revoked and there is no new agreement, and the City maintains its' existing position of requiring all new projects, regardless of location, to receive their water from the City, the City could end up in litigation that could delay projects and private development for months. In addition, Mayor Packard indicated that the District feels they have no obligation to allow the City to tap into their lines indiscriminately to provide service to a project that violates the existing agreement boundaries. i COUNCIL \\y 5 %9 /o $,,lp/T A MEMBERS Z. (s, Z. Packard X Anear X Kulchin X Lewis xx Cas ler X Packard X Anear X Kulchin X Lewis xx Cas ler X /x MINUTES .January 19, 1982 Page 10 I I 1 Mayor Packard suggested that Council consider appointing a Public Utilities Commission, to act as an advisory commission to the Council, regarding water systems and reclaimed water systems for the future. He added that other public utility services could also be included. He continued that during the next year the Utility Commission would be charged with the responsibility to study and submit recommendations to the City with regard to how best to arrange the provisions for water to the citizens. In addition, Mayor Packard stated that also during the next year, Staff would be directed to develop a water and sewer system Master Plan for the Citys' service area, and a long-range CIP financing plan. At the same time, Costa Real would prepare the same plans for the Districts' service area. I In the interim, Mayor Packard recommended that Council extend the existing agreement for an additional year to allow for implementation of the above. In response to Council query, Roger Greer, Utilities and Maintenance Director, explained that the City has some basic plans, but they need to be reviewed, updated, and integrated. Council discussion related to the Citys' current position, and whether development would be able to receive water should litigation result between the City and the District. Also discussed were alternatives to the Citys' current position, as suggested by Mayor Packard. Council authorized the Mayor to report the City's intent to proceed with the current Council position to the District, regarding provisions of water service by the City. ITEM OUT OF ORDER t 1131 15. AB 86017 - Supplement #l - RANCHO CARRILLO MASTER PLAN AMENDMENT (139-A). Mr. Jim Goff, representing the Daon Corporation, addressed Council. Mr. Goff reiterated his concerns that the developer be provided with water at the time development occurs, if the City and Costa Real end up in litigation over the water service issue. f The City Attorney responded that the City is in no position to give assurances, and he indicated that if the District refuses to make water available, litigation may result. He concluded stating that though Council does not desire to hold up development, assurances cannot be given. Council Member Kulchin reiterated her concerns regarding the two school districts, and brief discussion reflected same . Council introduced the following Ordinance: ORDINANCE NO. 9611, APPROVING THE RANCHO CARRILLO MASTER PLAN (MP 139-A). COUNCIL \\y % A9 /o +$*ST A MEMBERS 2. * 2. Packard Cas ler X Anear X Kulchin xx Lewis X Packard X Anear X Kulchin X Lewis xx Casler X - MINUTES January 19, 1982 Page 11 Council directed the City Attorney to update the agreement which the City has with Costa Real, based on the discussion at this meeting. COUNCIL REPORTS SANDAG Council Member Casler reported on a recent SANDAG Budget and Review Committee meeting. The City Manager continued the report, indicating that the Board approved the marketing of services, in order not to have to cut back on Staff. He added that they are a half million dollars short in the budget for extra services. I ARJIS Council Member Casler gave a brief update on the ARJIS system, indicating that two cities have dropped out of the program. Parks and Recreation I Council Member Lewis reported on a recent meeting of the Parks and Recreation Commission. ADJOURNMENT By proper motion the meeting was adjourned at 9:39 P.M., to Tuesday, January 26, 1982, at 6:OO P.M. Respectfully Submitted, $! ALETHA L. RAUTENK Ann R. Alleman, Minutes Clerk - 1 / +% COUNCIL \\$ 3.p /o $@%$ A MEMBERS .St 6 Z. Packard X Anear X Kulchin X Lewis xx Casler X I