HomeMy WebLinkAbout1982-03-15; City Council; Minutes1 4'
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MINUTES 63
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: March 15, 1983 Place of Meeting: Council Chambers COUNCIL \ MEMBERS 1-
CALL TO ORDER:
The meeting was called to order by Mayor Casler at
6:05 p.m.
ROLL, CALL was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis, Kulchin, Chick and Prescott.
Absent : None. I I
INVOCATION was given by Mr. Henry M. Nielsen, First Church of Christ Scientist.
PmDGE OF ALLEGIANCE was led by Council Member
Prescott
PRESENTATION:
The Carlsbad Boys and Girls Club presented their 1983 Golden Keystone Award to the Mayor in appreciation for the City's past support of the Club.
Mayor Casler read and presented a Resolution to Mr.
West, Principal, and Cheryl Williams, Advisor, in recognition of the achievements of the Victory Christian High School Cheerleaders. The Mayor also presented miniature keys to the City to the Cheerleaders and the Cheerleaders then performed one of their cheers.
APPFOVAL, OF MlNJ'IES:
Minutes of the Regular Meeting held March 1, 1983, were approved as presented.
Casler
Lewis Kulchin Chick
Prescott
Mayor Casler announced Items #17 and #21 would be
remved from the Agenda. I
Council Member Chick requested Item #5 be remved from
the Consent Calendar.
Council affirmed the action of the Consent Calendar, with the exception of Item #5, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all ordinances and resolutions at this meeting.
I
Casler Lewis Kulchin Chick Prescott
1 . AB # 7312 - RATIFICATION OF DEMANDS AGAINST THE CITY.
Council ratified the payment of demands against the
City in the amount of $1,160,133.89,for the period February 25, 1983 to March 7, 1983; Payroll demands in the amount of $278,122.02, for the period February 14 to February 27, 1983; and Housing demands in the munt of $60,928.50, for
the period February 25 to March 7, 1983.
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March 15, 1983 Page 2 MEMBERS COUNCIL \Y %?$% 5 %q 8 5
CONSENT CALENDAR (Continued)
2. AB #7313 - WEED ABATE" CONTRACT.
Council adopted RESOLUTION NO. 7156, awarding the contract for weed abatement to Bradford's Tractor Service.
3. AB #7314 - PURCHASE OF EXCESS LIABILITY INSURANCE.
Council adopted RESOLUTION NO. 7157, authorizing the purchase of excess liability insurance at an annual premium of $33,350.00.
4. AB #7315 - DESIGNATION OF REPReSENTATIVES TO THE
STATE AND FEDERAL EMERGENCY MANAGEPENT AGENCY.
Council designated the City Manager as the City's
authorized representative to the State and Federal
Emergency Management Agency (F,E,M,A.),
6. AB #6349 - Supplement #3 - TENTATIVE MAP EXTENSION - CT 80-19/CP-100 - GROSSE.
Council adopted RESOLUTION NO. 7159, approving a
one-year extension of time for tentative map CT 80-
19, and including CP-100.
7. AB #6336 - Supplement #3 - TENTATIVE MAP EXTENSION - CT 80-14/PUD-16 - DDIVEFSIFIED FINANCIAL.
Council adopted.RESOLUTION NO. 7160, approving a
one-year extension of time for tentative map CT 80-
24, and including PUD-16.
8. AB #6726 - Supplement #2 - TENTATIVE MAP EXTENSION - CT 81-15/CP-161 - RUSSELL.
Council adopted RESOLUTION NO. 7161, approving a
one-year extension of time for tentative map CT 81-
15, and including CP-161.
9. AB #7276 - Supplement #1 - GRAND AVENUE WATERLINE
RePLACW.ENT - CONTRACT NO. 1 128.
Council adopted RESOLUTION No. 7162, accepting
bids and awarding the Grand Avenue Waterline
Replacemnt Contract No. 1128 to N. A. and J.
Frank Artukovich.
IO. AB #7316 - ALLEY 1"ENT BETWEEN MADISON AND
ROOSEVELT STREETS - CONTRACT NO. 3717,
Council adopted RESOLUTION NO. 7163, approving plans and specifications and authorizing the City Clerk to invite bids for alley improvements between Madison Street and Roosevelt Street from
Oak Avenue to Chestnut Avenue.
11, AB #7317 - AUTHORITY To CERTIFY RIGHT-OF-WAY FOR
CARLSBAD BOUIEVARD BRIDGE.
Council adopted RESOLUTION NO. 7164, authorizing
the City Engineer to certify Right-faay for the Carlsbad Boulevard Bridge project.
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March 15, 1983 Page 3
CONSENT CAGENDAR (Continued)
12. AB #7124 - Supplement #2 - BUENA VISTA LAGOON I"ENTS, CONTRACT NO. 11 17.
Council adopted RESOLUTION NO. 7165, approving
plans and specifications and authorizing the City
Clerk to advertise for bids for the Buena Vista
Lagoon dredging and inprovement.
13. AI3 #7318 - SCHEDULING OF THIRD GENERAL PLAN
AMENCMENT HEARING.
Council established September 20, 1983, as the date of the third Land Use Element Amendment hearing, with an application deadline of June 1,
1983.
14. AB #7319 - PURCHASE OF AERIAL LIFT TRUCK.
Council adopted RESOLUTION NO. 7166, accepting
bids, authorizing the execution of a contract with
Bebco and Weseloh Chevrolet, and authorizing expenditure of funds for the purchase of an aerial lift truck.
ITEM FWIWED FRCM CONSENT CALENDAR:
5. AB #7301 - Supplement #1 - TENTATIVE MAP AND
PLANNED UNIT DEVELOPMENT - CT 82-17/PUD-46 - MANDANA.
Council adopted RESOLUTION NO, 7158, denying a
tentative map and planned unit development for a
148-unit project on property located
aapproximately one mile east of El Camino Real at
the eastern terminus of Sunny Creek Road.
ORDINANCES FOR ADOPTION:
15. AI3 87302 - ZONE CHANGE AND SPECIFIC PLAN -
ZC-264/SP-185 - SOUTHERS.
The following Ordinances were adopted: (one mtion)
ORDINANCE NO, 9672, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING TJ3E ZONING MAP TO GRANT A
CJ!WYGE OF ZONE FROM R-1-10,oOo 'IO CT(Q), TI-P(Q) AND 0s
ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
HIGJlWAY 78 APPROXIMATELY .5 MILE EAST OF EL CAMIN0 REAL.
ORDINANCE NO. 9673, APPROVING A SPECIFIC PLAN (SP-185)
FOR A COMBINATION DISTRICT (TS, 0, OS) ON 96.6 ACRES
LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 APPROXIMATELY
.5 MILE EAST OF EL CAMINO REAL.
16. AI3 #7304 - STOP SIGNS ON EL E'UEFKFE STREET.
The following Ordinance was adopted:
ORDINANCE NO. 3159, AMENDING TITLE 10, CHAPTER 10.28
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.28.320 DESIGNATING STOP CONTROL ON EL
FUEFKCE STREET AT ALGA ROAD.
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Casler xx Lewis
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X Prescott Chick
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X Prescott
X Chick
xx Kulchin
X Lewis
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X Prescott
X Chick
xx Kulchin
X Lewis X
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March 15, 1983
MINUTES
Page 4
( 7 2 ) 17. AB #7305 - NO PARKING ON MONROE STREET.
This item was remved from the Agenda.
PUBLIC HEARINGS:
(114) 18. AB #7320 - ZONE CODE m TO -
ENCROACHMENTS INTO SETBACK AREAS WHICH ARE ADJACENT TO
PERMANENT OPEN SPACE - ZCA-161 - CITY OF CARLSBAD.
Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill. He also explained the wording which was added to the
Ordinance, a copy of which was distributed to the
Council prior to the meeting.
Mayor Casler opened the public hearing at 6:26 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was
closed.
The following Ordinance was introduced:
ORDINANCE NO. 9675, AMENDING TITLE 21, CHAPTER 21.46
OF THE CARLSBAD MUYICIPAL CODE BY THE ADDITION OF
SECTION 21.46.120(2) TO AT;Low CERTAIN INTRUSIONS INTO
SIDE AND REAR YARD SETBACKS ADJACENT TO PERMANENT OPEN
SPACE SUBSECT TO A PERMIT ISSUED BY THE LAND USE
PLANNING MANAGER.
(99) 19. AB #7321 - CONDOMINIUM PERMIT, DELETION OF
SPECIFIC PLAN, AND m TO THE LA COSTA MASTER
PLAN - CT 83-1/CP-226/SP-171(C)MP-l49(K) - SWPELL.
Mike Holzmiller gave the staff report using a
transparency to show the site location at Levante and
El Camino Real. Using a wall map, he explained the
features of the project. He responded to Council questions regarding considerations which were given to the location of the recreation area and reason for its
current location.
Mayor Casler opened the public hearing at 6:34 p.m.
and issued the invitation to speak.
Mr. V. H. Beights, Shape11 Industries of San Diego,
9787 Aero Drive, addressed the Council. He stated the recreation area had been placed in its present location so the living units could take advantage of
neighboring homeowners association and the ways in
which their concerns would be mitigated by the
developer.
He concluded by noting the concern of the homeowners about the speed limit in that area, and he suggested the City may wish to review same.
Mrs. Kathy Regan, 7728 Palacio Drive, President of the Monarch Homeowners Association, addressed the Council.
She stated the developer and the homers held a
meeting last week and Mr. Beights and Mr. Chambers had been very mperative, and had agreed on the name
t the view. He also explained the meeting held with the
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X Prescott X Chick
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MINUTES 57
March 15, 1983 Page 5
change, landscaping and agreed to write the C.C.&R.'s together, making them as strict as the Monarch Homeowners Association, including a 9:00 p.m. curfew
for the recreation area. She expressed concern about
the speed limit on Levante, but noted it could be
addressed later. She stated the homeowners were
pleased with the developer's cooperation and welcome their new neighbors.
Since no one else wished to speak on this matter, the public hearing was closed at 6:44 p.m.
City Engineer Roy Kackley responded to questions about
the speed limit on Levante, and possibility of
painting the curbing red and clearing the site of any
obstructions to insure adequate site distance from the
entranceway due to its proximity to a blind curve.
The following Ordinances were introduced: (one notion
.ORDINANCE NO. 9676, AMENDING ORDINANCE NO. 9570 AS
AMENDED BY ORDINANCE NO, 9628 AND MSTER PLAN ("-149
(E) ) To CHANGE THE MASTER PLAN DESIGNATION OF A PARCEL
E'ROM RLM TO RMH ON PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF EL CAMINO REAL AND LEVANIX STREET.
ORDINANCE NO. 9677, RESCINDING AN ZQENJlMENT To
SPECIFIC PLAN 171 FOR A MODEL HOME COMPLEX AND SALES
OFFICE ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST
COHNER OF EL CAMINO REAL AND LEVANTE STREET.
The Council directed the City Attorney to prepare documents Approving CT 83-1/CP-226; per Planning
Comnission Resolution No, 2082.
(" ) 20. AB #7322 - ENVIROJWENTAL IMPACT REPORT
( * 5 ) PREANNEXATIONAL ZONE CHANGE, TENTATIVE MAP AND
CONDOMINIUM PERMIT - EIR 82-4/ZC-260/CT 82-18/CP-214 -
SAMMIS .
Mike Holzmiller gave the staff report, using a
transparency to shm the project site, as contained in the Staff Report dated February 23, 1983.
He stated that a change was now being reconmended in Condition No. 42 with the bridge over the ATbSF
Railroad tracks. The amended wording would read:
"The applicant shall enter into an agreement satisfactory to the City providing for the
construction of the Avenida Encinas Bridge crossing over the AT&SF Railroad tracks, before
final map approval. 'I
Mayor Casler opened the public hearing at 7:07 p.m.
and issued the invitation to speak.
Mr. Steven A. Bieri, 5030 Camino de la Siesta, Suite
100, San Diego, General Partner of Batiquitos Pointe
Projects, addressed the Council, using the wall maps,
and explained the esthetics of the project.
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March 15, 1983 Page 6 MEMBERS COUNCIL b %
1.
In answer to questions regarding trash pick-up, the
developer stated they had contacted the Fire
Department and the same tum-outs could be used for
the trash trucks. They will store the trash bins
under the buildings and will use golf-type pulleys
to bring them out for the trucks to empty.
Mr. Bieri stated they understand Condition No. 42 to mean the property owners who will benefit by the bridge must reach an equitable agreement to ensure it
will be built when it is needed.
Mr. Terry Hackett, 3 Upper Newport Place, Newport
Beach, representing Sea Bluff Properties, spoke in
favor of the project and stated they would work to
reach an agreement for the building of the bridge over the railroad tracks.
Since no one else wished to speak on the matter, the public hearing was closed at 7:31 p.m.
The Council certified Environmental Impact Report 82-4.
The following Ordinance was introduced:
ORDINANCE NO. 9678, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING THE ZONING MAP FROM A-70
(COUNTY) !IO RD"-(Q) ON PROPEW7Y GENERALLY LOCATED ON
?HE NOIiTH SIDE OF BATIQUITOS LAGOON BETWEEN CARLSl3AD
BOULEVARD AND THE AT&SF RAILROAD RIGHT-OF-WAY.
The Council directed the City Attorney to prepare
documents approving CT 82-18 and CP-214.
RECESS :
Mayor Casler called a recess at 7:38 p.m. and Council
reconvened at 7:48 p.m. with all Council Members
present.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Comission at 7:48 p.m., and reconvened at 8:OO p.m.
with all Council Members present.
DEPAIiflMENTAL AND CITY MANAGER REPORTS:
City Manaqer
21. AB #7323 - REQUEST TO ADDRESS COUNCIL.
Casler Lewis Kulchin
Chick Prescott
Casler
Lewis Kulchin
Chick Prescott
Casler Lewis
Kulchin
Chick Prescott
This item was withdrawn from the Agenda.
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22. AB #7324 - REQUEST TO ADDRESS COUNCIL.
Mr. A1 Fischter, 110 - 112 Carlsbad Boulevard,
addressed the Council on behalf of property mers on
Carlsbad Boulevard who are concerned about the eroding
of the cliff and the Boulevard. He conplimented the
Council for the improvements on the Boulevard, but since the rain the cliff has eroded up to the guard rai:. and he noted his concern that the street may eventually
cave in.
Council Member Prescott invited Mr. Fischter to attend a workshop Tuesday, March 22, at 6:OO p.m., in the Council Chambers on the subject of erosion of our coast line.
The City Manager assured Mr. Fischter the City is well aware of the beach problem and he explained the
activities which have occurred relating to addressing
those concerns.
23. AB #7325 - BATIQUITOS LAGOON.
The Council granted the City Manager's request that this item be carried over to the March 22 Meeting, when a representative from Fish and Game will be present.
24. AB #7311 - REWARD FUND FOR SLAIN SAN DIE0 POLICE
OFFICER.
Council Menber Lewis reiterated his request that the
City consider donating to the reward fund. He stated
he felt $1,000 would be an appropriate donation to this
reward fund established to help apprehend the criminal,.
Council Mernber Kulchin stated she felt private funds should be used for this reward and not City funds that represent citizens' tax mney. She noted the City
of San Diego had not contributed to this fund as of this date.
The Council decided not to donate to the reward fund Casler for the slain San Diego Police Officer. Lewis
Kulchin
X Prescott
X Chick
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25. AB #7328 - LEGISLATIVE MA'ITEFS (ANNEXATIONS).
The City Manager stated the Council acted on this item
March 1, and the letters will be mailed immediately.
City Attorney
26. AB #7326 - REVISIaJS OF SUBDIVISION ORDINANCE TO
CONFORM WITTI 1982 LEGISLATIVE CHANGES TO SIJl3DIVISIoEa
MAP ACT.
The City Attorney reported this revision will bring the code into coqliance with changes made to Subdivision
Map Act during the 1982 Legislative Session, as outlined in the detailed mmrandum attached to the
Agenda Bill.
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March 15, 1983 Page 8 I The following Ordinance was introduced:
ORDINANCE NO. 9680, AMENDING TITLE 20 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS
AND SECTIONS TO IMPLEMENT CHANGES PRDE TO THE
SUBDIVISION MAP ACT DURING THE 1982 LEGISLATIVE 1 SESSION.
( 3 1 ) 27. AB #7327 - CONFORMING MUNICIPAL CODE WITH CHANGES
IN STATE LAW REGARDING BINGO GAMES.
I The following Ordinance was introduced:
ORDINANCE NO. 6068, AMENDING TITLE 1 OF THE CARLSBAD
MUNICIPAL CODE BY THE - OF CHAPTER 1.08
SECTION 1.08.010(A) AND TITLE 5 OF THE CARLSBAD
MUNICIPAL CODE BY THE A"WT OF CHAPTER 5.10
SECTION 5.10,090 'ID CONFOFM WITH RECENT CHANGES IN THE
PENAL CODE.
I City Council
I ( 2 8 1 28. AB #7308 - HOUSING AND REDEVELOPMENT ADVISORY
COMMITTEE APFQ-.
The following Resolutions were adopted: (one mtion)
RESOLUTION NO. 71 50, APPOINTING EVA CARNEY To THE CARLSBAD HOUSING AND REDEVEIxlpMENT ADVISORY COMMITTEE.
RESOLUTION NO. 7151, APPOINTING LAURA MOFWJ3Z TO THE
CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE.
RESOLUTION NO. 71 52, APPOINTING FOY SANCHEZ TO THE
CFlRLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE.
I ( 9 4) 29. AB #7309 - PARKING AUTHORITY APFOlJTBENT.
I The following Resolution was adopted:
RESOLUTION NO. 7153, APPOINTING LEWIS CHASE TO THE
CITY OF CARLSRAD PARKING AUTHORITY,
I ( 7 6 1 30. AB #7310 - Supplement #1 - PLANNING COMMISSION
APPOIrnENT, I i The following Resolution was adopted:
RESOLUTION NO. 7155, APPOINTING MARY MARCUS TO THE
CARLSBAD PLANNING COMMISSION.
I OFF AGENDA ITEN:
( 10 4 ) Bullet Train
Council agreed to consider an off agenda item On the
bullet train at the request of Mayor CaSler,
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March 15, 1983 Page 9
Mayor Casler announced that she and Council Members Prescott and Kulchin will attend metings March 18 and 19 on the bullet train, and would speak on the
impact the proposed train would have on the City.
Council Reports :
Regional Water Reclamation Agency
Council Member Prescott gave a report on the recent
meeting.
Legislation
Council Member Prescott reported on pending bills in
Sacramento. He felt letters and personal contacts
should be made, particularly on SB 778 and SB 575. Council agreed that lettrs of support should be sent
on these two bills,
Buena Vista Laumn Committee a
Council Member Chick gave a report on the meeting at Oceans ide .
National League of Cities Conference
Council Member Chick gave a brief report, noting a written report would follow.
Housing and Redevelopment Advisory Committee
Council Member Kulchin reported on the recent meeting.
Circulation Committee
Council Member Lewis reported on the recent meeting.
Propsition H Committee
Mayor Casler stated copies of the discussion booklet and the minutes would be at the reference desk at the library. She also reported that Mr. Skotnicki had resigned from the Cormittee.
South Carlsbad Library
Mr. Frank Mannen reported on the status of the South
Carlsbad library.
Woe:
By proper mtion, the meeting was adjourned at 8:52
p.m. to Tuesday, March 22, 1983, at 6:OO p.m. in the
Council Chambers.
Respectfully submitted,
I
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City Clerk
Harriett Babbitt, Minutes Clerk
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