HomeMy WebLinkAbout1982-04-06; City Council; Minutes% MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 6, 1982
TIME OF PRETING: 6:OO P.M.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER
The meeting was called to order by Mayor Packard at 6:OO
P.M.
ROLL CALL was taken by the City Clerk:
Present - Packard, Casler, Anear, Kulchin, and Lewis.
Mayor Packard left at 7:lO P.M., and
returned at 8:lO P.M.
INVOCATION was given by Pastor Barry Jones, Carlsbad
Union Church.
PLEDGE OF ALLEGIANCE was led by Council Member Lewis.
PRESENTATIONS
Mayor Packard presented a Proclamation proclaiming the
week of April 19 through April 25, 1982, as Great
California Resource Rally to Mr. Dave Packer. He
indicated it was the beginning of the Spring cleanup week
in the City.
Mayor Packard presented an Award of Merit from the United
Way to Mr. Frank Mannen, who acted as coordinator for the
program in the City.
Mayor Packard presented a Proclamation proclaiming the
week of April 11 through April 17, 1982, as Women of
Achievement Week to Sunny Klein, representative of the
Presidents Council of Women's Service, Business and
Professional Clubs of Sa.n Diego. Mrs. Klein introduced
one of the women being considered for the award, and
commented on the importance of the activities.
Mayor Packard recognized Council Member Ann Kulchin as
receiving recognition as an outstanding Woman of
Achievement in San Diego County.
APPROVAL OF MINUTES: (Approved by one motion.)
Minutes of th.e Regular Meeting, held March 16, 1982, were
approved as submitted.
Minutes of the Adjourned Regular Meeting, held March 23,
1982, were approved as submitted.
CONSENT CALENDAR
Council Member Kulchin requested Item No. 7 be removed
from the Consent Calendar.
Council Member Casler requested Items No. 6, 14, and 17
be removed from the Consent Calendar.
Council Member Anear requested Item No. 19 be removed
from the Consent Calendar.
Council affirmed the action of the Consent Calendar, with
the exception of Items No. 6, 7, 14, 17, and 19, as
follows:
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April 6, 1982 Page 2
I I (50) 1. AB f6936 - RATIFICATION OF DEMANDS.
Council ratified payment of demands against the City in
the amount of $1,151,729.22 for the period March 19 to
March 29, 1982; Payroll demands in the amount of
$249,035.40 for the period March 15 to March 28, 1982; h and Housing demands in the amount of $51,416.18 for the
period March 19 to March 29, 1982.
(93) 2. AB 86937 - SUNNYHHILL DRIVE STORM DRAIN - CONTRACT
NO. 1116.
Council adopted the following Resolution:
RESOLUTION NO. 6819, APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO
INVITE BIDS FOR CONSTRUCTION OF THE SUNNYHILL DRIVE
STORM DRAIN CONTRACT NO. 1116.
(99) 3. AB f6300 - Supplement 82 - FINAL MAP - CT 80-261
CP-107 - KRIKORIAN ENTERPRISES.
Council approved the Final Map for CT 80-26 and CP-107
(Fairway South.)
(81) 4. AB 416938 - OFFER OF STREET DEDICATION FROM R. W.
DANIELS (CARLSBAD CABLEVISION.)
Council adopted the following Resolution:
RESOLUTION NO. 6821, ACCEPTING A GRANT DEED FROM R.
W. DANIELS (CARLSBAD CABLEVISION) FOR ROAD PURPOSES.
(81) 5. AB 416939 - OFFER OF STREET DEDICATION FROM BECKMAN
INSTRUMENTS.
Council adopted the following Resolutions:
1, RESOLUTION NO. 6822, ACCEPTING A GRANT DEED FROM
BECKMAN INSTRUMENTS, INC., FOR AN EASEMENT FOR ROAD I PURPOSES.
RESOLUTION NO. 6823, ACCEPTING A GRANT DEED FROM
BECKMAN INSTRUMENTS, INC., FOR AN EASEMENT FOR ROAD
PURPOSES. t (81) 8. AB 86941 - ACCEPTANCE OF DONATION.
Council adopted the following Resolution:
RESOLUTION NO. 6826, ACCEPTING A DONATION OF FIFTY
DOLLARS ($50.00); from the San Diego Poodle Club.
(50) 9. AB /I6942 - REFUND OF SEWER SERVICE CHARGE. 1 Council authorized a requested refund to Ebb Tide Motel.
(50) 10. AB f6943 - FILING FOR DAMAGES IN SMALL CLAIMS COURT.
Council adopted the following Resolution:
RESOLUTION NO. 6827, DESIGNATING CERTAIN EMPLOYEES
TO FILE CITY CLAIMS FOR DAMAGES IN SMALL CLAIMS
COURT.
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(28) 11. AB 86719 - Supplement #2 - SENIOR HOUSING PROJECT -
(45) SELECTION OF BOND COUNSEL.
(28) 11. AB 86719 - Supplement #2 - SENIOR HOUSING PROJECT -
(45) SELECTION OF BOND COUNSEL. 1 Council authorized the City Attorney to accept the
proposal dated March 2, 1982 as supplemented by letter
dated March 22, 1982 from Stradling, Yocca, Carlson, and
Rauth on behalf of the City, and approved the agreement
I with Jefferson House Partnership to pay the cost.
(25) 12. AB #6 944 - RESOLUTION OF PROPERTY TAX EXCHANGE
RELATING TO THE VISTA DEANNEXATION.
I Council adopted the following Resolution:
RESOLUTION NO. 6828, APPROVING PROPERTY TAX EXCHANGE
RELATING TO JURISDICTIONAL CHANGES - VISTA
DEANNEXATION - RO 81-46.
(70) 13. AB 86945 - BEACH CLEAN-UP AND MAINTENANCE.
(45) Council adopted the following Resolution:
RESOLUTION NO. 6829, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE SAN DIEGO GAS AND
ELECTRIC COMPANY, SAN DIEGO, CALIFORNIA, FOR BEACH
CLEAN-UP AND MAINTENANCE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT. 1 (112) 15. AB f6946 - DECLARATION OF PUBLIC NUISANCES IN
CONJUNCTION WITH THE CITY WEED ABATEMENT PROGRAM. I- I Council adopted the following Resolution:
RESOLUTION NO. 6831, DECLARING AS PUBLIC NUISANCES,
RUBBISH AND REFUSE, UPON PRIVATE PROPERTY IN THE CITY
OF CARLSBAD; and setting a public hearing for April
20, 1982.
(51) 16. AB 86947 - MUTUAL AID PLAN FOR SAN DIEGO COUNTY FIRE
(45) DEPARTMENTS.
Council adopted the following Resolution:
RESOLUTION NO. 6832, APPROVING THE RENEWAL OF THE
MUTUAL FIRE AID PLAN AND AUTHORIZING THE EXECUTION
THEREOF.
I (85) 18. AB 116949 - AGREEMENTS FOR CITY OPERATION CENTER F ENVIRONMENTAL IMPACT REPORT.
Council adopted the following Resolution:
RESOLUTION NO. 6834, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND PBR (PHILLIPS, BRANDT,
REDDICK) FOR PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR A 176+ ACRE PROJECT.
(112) 20. AB f6849 - Supplement #l - WEED ABATEMENT CONTRACT.
(45) Council adopted the following Resolution:
I RESOLUTION NO. 6837, ACCEPTING A BID AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR WEED AND RUBBISH I I
ABATEMENT; with Seva Services.
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\- -7 I (55) 21. AB 86951 - SPF.ING CLEAN-UP - APRIL 19-25, 1982.
I Council acknowledged receipt of the report.
1 (62) 22. AB /I6952 - POLICY POSITION ON FIR 252 REGARDIWC CLEAN
AIR ACT. * Council adopted the following Resolution:
RESOLUTION NO. 6838, SUPPORTING PRINCIPLES
ENUMERATED IN THE CLEAN AIR ACT RESOLUTION HR 252
AND CALLING UPON THE UNITED STATES HOUSE OF
REPRESENTATIVES TO ADOPT THIS RESOLUTION FORTHWITH.
I ITEMS REMOVED FROM CONSENT CALENDAR:
(99) 6. AB 86928 - Supplement 81 - TENTATIVE MAP AND PLANNED
UNIT DEVELOPMENT - CT 81-9/PUD-30 - CARLSBAD
HIGHLANDS.
Council Member Casler indicated that though the Agenda
Bill stated that the project was being denied without
prejudice, the Resolution did not state same.
Council adopted the following Resolution, amending
Line 20 to include the words, "without prejudice to
reapplication: 'I
RESOLUTION NO. 6824, DENYING TENTATIVE SUBDIVISION
MAP (CT 81-91 AND PLANNED UNIT DEVELOPMENT (PUD-30)
FOR AN 813-UNIT PROJECT ON PROPERTY GENFRALLY
LOCATED SOUTH OF LAKE CALAVERA AND APPROXIMATELY 1.5
MILES EAST OF EL CAMINO REAL. APPLICANT: THE BARNES
CORPORATION. , I
( 81) 7. AB f6940 - ACCEPTANCE OF GIFT FOR PARAMEDIC TRUST
FUND. -
Council Member Kulchin indicated she had removed the item
from the Consent Calendar in order to commend Staff and
to comment on the recognition.
Council adopted the following Resolution:
RESOLUTION NO. 6825, ACCEPTING A GIFT OF MONEY FOR
THE PARAMEDIC TRIJST FUND; from the Women's Club of
Carlsbad.
+(45)
(70) 14. AB /I3140 - Supplement +I8 - REVISED LA COSTA PARKS
AGREEMENT.
Council Member Casler indicated she had requested the
item removed from the Consent Calendar in order to
question whether it would be possible to sell the land
dedicated for a library, if it were not used for a
library.
In response, the Assistant City Attorney, Dan Hentschke,
indicated that if the City determined not to build a
library on the two-acre site, the City could then sell
the parcel. He also indicated that the sale would
dictate whether a Master Plan Amendment would be
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Council adopted the following Resolution:
RESOLUTION NO. 6830, APPROVING THE 1982 PARKS
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE DAON
CORPORATION TO PROVIDE FOR THE ORDERLY DEDICATION
AND DEVELOPMENT OF PARKS FOR THE LA COSTA AREA AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
17. AB A6948 - CONSULTANT AGREEMENT - CHILDREN'S
LIBRARY.
Council Member Casler indicated she had requested the
item removed from the Consent Calendar in order to obtain
additional information. She questioned why no back-up
information had been provided to the Council regarding
the proposals which were submitted.
In response, the City Manager explained the process which
had resulted in the recommendation, and. indicated that in
the future the information would be provided on the
proposals which were submitted.
Council adopted the following Resolution:
RESOLUTION No. 6833, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD .mD DESIGN HAUS, ARCHITECTURAL
ASSOCIATES, INC., FOR THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE DESIGN OF AN ADDITION TO THE
CHILDREN'S LIBRARY.
19. AB 86950 - AGWEMENTS FOR COBBLESTONE SEA VILLAGE
ENVIRONMENTAL IMPACT REPORT.
Council Member Anear indicated he had requested the item
removed from the Consent Calendar in order to discuss the
issue of the airport noise with regard to this project.
He expressed the opinion that there was a clear zone
around the airport which would include approximately one
half of this project, and thereby prohibit residential
development.
In response, Michael Holzmiller of the Planning
Department indicated that the City had no ordinance which
would restrict residential development in the vicinity of
the airport. He did indicate, however, that high density
development would not be encouraged, and he stressed the
need for the environmental impact reports which would
address the full issue of the noise impact from the
airport.
Council Member Casler also indicated that any residential
development in that area would have to be approved by
SANDAG, which acted as the Airport Committee.
Council adopted the following Resolutions:
RESOLUTION NO. 6835, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND WESTEC SERVICES, INC., FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR AN
85 ACRE PROJECT IN THE CITY OF CARLSBAD.
RESOLUTION NO. 6836, APPROVING m AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND CARLSBAD LAND INVESTORS, A
DEVELOPMENT COMPANY, WHEREBY THE CITY WILL ACCEPT
FUNDS FROM THE DEVELOPER FOR PROVISION OF AN
ENVIRONMENTAL IMPACT REPORT.
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Mayor Packard indicated a request had been received to
reconsider Item No. 3.
Council agreed to reconsider the action previously taken
on Item No. 3, the Final Map for CT 80-26/CP-107. i 1
Council recognized Mr. Barry Dwyer, 9627 Grossmont Blvd.,
La Mesa, an Attorney. Mr. Dwyer referenced a preliminary
title report on the subject property, and indicated that
the developer had not paid taxes for the year 1980-81,
and 1981-82. He also indicated that there were six (6)
mechanics liens on the property, and that he had built
the condominiums and was selling the condominiums prior
to approval of the Final Map, and approval of the CC&R's
by the Realty Board.
In conclusion, he requested that Council deny the Final
Map until such time as all the bills associated with the
property were settled.
Mr. Hentschke, Assistant City Attorney, requested that
Council continue the item to the end of the meeting to
allow an opportunity for him to review the matter.
Council unanimously agreed to trail the item to the end of
the evening.
ORDINANCES FOR INTRODUCTION
(77) 23. AB 1'6953 - MODIFYING CERTAIN APPEAL PERIODS AND
ALLOWING CONCURRENT HEARINGS ON GENERAL PLAN ZONE
CHANGES .
Council introduced the following Ordinance:
ORDINANCE NO. 9616, AMJ2NDING TITLE 21 BY THE
AMENDMENT OF CHAPTERS 21.45, 21.47, AND 21.52 TO
SHORTEN THE APPEAL PERIOD FOR PLANNED UNIT
DEVELOPMENT PERMITS AND CONDOMINIUM PERMITS FROM
FIFTEEN TO TEN DAYS AND TO ALLOW THE CONCURRENT
PROCESSING OF GENERAL PLAN AMENDMENTS AND ZONE
CHANGES .
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ORDINANCES FOR ADOPTION
114)24. AB A6819 - Supplement 81 - AMENDMENT TO THE SIGN
ORDINANCE - ZCA-139.
Council adopted the following Ordinance:
ORDINANCE NO. 9608, AMENDING TITLE 21, CHAPTER 21.41
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTIONS 21.41.015, 21.41.081, 21.41.082, 21.41.083,
21.41.084, 21.41.085, 21.41.086, AND 21.41.087 TO
PROVIDE FOR A HEARING PROCESS FOR EXTENSION OF
AMORTIZATION PERIODS FOR SIGNS AND BY THE AMENDMENT
OF SECTION 21.41.050 TO ALLOW NON-COMMERCIAL ONSITE
SIGNS.
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(74) 25. AB 86932 - AMENDMENT TO PERS CONTRACT FOR SAFETY
(45) EMPLOYEES. I Council adopted the following Ordinance:
ORDINANCE NO. 1248, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN CITY COUNCIL AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
~ PUBLIC HEARINGS
(108) 26. AB 86929 - APPEAL OF A PLANNING COMMISSION DENIAL OF
A VARIANCE - V-331 - APELIAN.
Michael Holzmiller, Principal Planner, gave the staff
report with the aid of a transparency showing the location
of the property, and explained the reasons for Planning
Commission denial.
Mr. Holzmiller responded to Council cpestions regarding
the initial design and actions taken which resulted in
the applicant combining two legal non-conforming lots
into one lot.
In order to clarify the situation, Mr. Holzmiller
referred to a wall exhibit which showed the lot as it
previously existed, the new lot which was created, the
existing building location, and the proposed new building
location. He indicated that the developer intended to
use an existing easement to provide automobile access to
both buildings. Also, as they previously existed as 40
foot lots, they were considered legal non-conforming lots
according to the City's Subdivision Ordinance, and could
have utilized tandem parking.
Mayor Packard opened the public hearing and extended the
invitation to speak.
Council recognized Mr. Nick Banche, 702 Fourth Street,
Oceanside, Attorney representing the Appellant. Mr.
Banche provided the Assistant City Attorney with a title
policy on the property, which indicated that there were
two lots. He gave a history of the matter, indicating the
applicants had initially acquired two lots, lots 69 and
70. Lot 69 at the time had four units existing on it,
and the predecessors had placed reciprocal easements on
the two lots .
Mr. Ranche continued reporting that in December of 1980, 1 the applicants had made application to the City to build
four units on lot 70. He stated that they had received
the building permit for four units in January of 1981;
however, the Coastal Commission stopped them as they did
not have a coastal permit. At that time the Coastal
Commission then told the applicant they could build three
units, but they would need to provide fourteen (14)
parking spaces, and they had no objections to tandem
parking.
He indicated the applicants then returned to the City for
approval, and the City indicated they could not utilize
tandem parking. He concluded by stating that the
conditions surrounding this application were exceptional,
and requested Council approval of the appeal.
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Since no one else wished to speak on the matter, Mayor
Packard closed the public hearing at 7:OO P.M.
In response to Council questions, Mr. Holzmiller indicate
that if the appeal were denied,. the applicant would be
required to redesign. He also indicated that at this
point in time, the underground utilities for the
development were already in place, and that all parking
spaces would be contained under a roof.
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Following brief discussion, Council granted the appeal,
and directed the City Attorney to prepare documents
approving the variance, including a requirement to
convert the existing garage as contained in the
applicants rea,uest.
At 7:07 P.M., Mayor Packard relinquished the chair to
Vice-Mayor Casler, and left the meeting.
27. AB #I6954 - STREET NAME CHANGE FROM HOSP WAY TO
AVENIDA ESPANA.
The City Manager indicated the applicant had requested
that the matter be withdrawn from the agenda.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Police
28. AB /I6918 - Supplement 81 - CITY ORDINANCE - SECOND
HAND DEALERS.
Police Chief Jimno gave a brief introduction on the
matter.
Lt. George Suttle continued the staff report with the aid
of a flip chart, and explained why the Police Department
was requesting the adoption of the ordinance. He also
explained what the ordinance would accomplish, the costs
which dealers would incur as a result of the ordinance,
exceptions provided for in the ordinance, and issues and
concerns of the dealers.
In conclusion, Lt. Suttle indicated that the Police
Department was recommending that Council adopt the
ordinance, but grandfather in the existing businesses so
they would not be required to pay the initial $100
application fee.
In response to Council questions, the Assistant City
Attorney indicated that dealers who would normally be
required to file under the ordinance would not be exempt
from filing if they participated in the Village Faire. He
indicated that the Business and Professions Code regulates
swap meets, and the Village Faire falls in the category of
swap meets. Therefore, they are not completely exempt
from regulation.
Council recognized Jean Gibbs, 2845 Roosevelt Street,
Carlsbad. Mrs. Gibbs indicated she believed the ordinance
was unfair to existing antique dealers. She indicated she
had been in business in the City for 17 years, and was
opposed to the ordinance.
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Council recognized Mr. James Pasto, 4402 Fairmount Avenue,
San Diego, representing the Carlsbad Coin Shop and San
Diego County Coin Dealers Association. Mr. Pasto
indicated that the Business and Professions Code already
regulates second hand dealers, therefore, the State
regulates the businesses and would pre-empt any local
ordinances. He expressed the opinion that the proposed
ordinance is unfair and unconstitutional, and requested
denial of the proposed ordinance.
In response to Council query, the Assistant City Attorney
indicated that this item was being considered Nationwide,
Re indicated the Attorney's office believes the ordinance
is not pre-empted by State Law, and that if it is
litigated, it will be on a State-wide level, and all
cities will participate. He concluded by recomending
that Council adopt the ordinance.
Council introduced the following Ordinance: Cas ler X
Anear x
ORDINANCE NO. 6064, AMENDING TITLE 5 OF THE CARLSBAD Kulchin xx
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 5.40 TO Lewis X
REGULATE SECONDHAND DEALERS.
Parks and Recreation
(70) 29. AB #6920 - Supplement 81 - BOYS AND GIRLS CLUB
REQUEST TO USE LEVANTE SCHOOL/PARK SITE. (45)
The Parks and Recreation Director, Mr. Bradstreet, gave a
staff report on the matter.
In response to questions, Mr. Bradstreet explained the
existing status of the Levante Park and proposals for
improving the park which would reduce the dust and dirt
element for the neighbors., He agreed that planting along
the frontage of Levante would reduce some of the dust
situation, and indicated the Staff would be taking
immediate action.
In response to query, Mr. Dan Sherlock, Executive Director
of the Carlsbad Boys and Girls Club, 3100 Tyler Street,
Carlsbad, indicated they are currently negotiating on
different buildings for the area. He assured Council
that they would be attractive, and fit into the scheme of
the neighborhood.
Council adopted the following Resolution: Cas ler X
Anear xx
RESOLUTION NO. 6839, APPROVING A SUB-LEASE AGREEMENT Kulchin X
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD BOYS Lewis X
AND GIRLS CLUB TO CONSTRUCT A TEMPORARY FACILITY AT
LEVANTE SCHOOL SITE FOR A COMMUNITY EECREATION
PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
RECESS
Vice-Mayor Casler called a recess at 7:48 P.M., and
Council reconvened at 8:OO P.M., with four Council
Members present, and Mayor Packard absent.
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Purchasing
(84) 30. AB 86955 - AMENDING THE PURCHASING SECTIONS OF THE
CARLSBAD MUNICIPAL CODE.
The Purchasing Officer, Ruth Fletcher, gave a staff report
on the matter, explaining the proposed changes as outlined
in the contents of her memorandum dated January 15, 1982.
Mayor Packard arrived at 8:lO P.M.
Mrs. Fletcher responded to questions, explaining existing
procedures, and the fact that future procedures would not
substantially change as a result of the changes in the
Purchasing Ordinance. She indicated a great time savings
would be realized, and reported on the purchasing limits
and activities of other cities in the County.
Council discussed the proposed changes, and in particular
the authorization for the City Manager to award contracts
up to $25,000 when projects are financed from deposits
held in trust.
Council Member Anear expressed concern about the $25,000
limit, and suggested it should possibly be lowered.
Council indicated it may be desireable to establish the
limit at $25,000., but require Council action if the low
bidder does not receive the awarded bid.
Council Member Casler indicated that it should be the
lowest qualified bidder, and not just the lowest bidder.
Council introduced the following Ordinance: Packard X
Cas ler X
ORDINANCE NO. 1249, AMENDING TITLE 3, CHAPTER 3.28 Anear
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF Kulchin xx
VARIOUS SECTIONS TO REVISE THE CITY PURCHASING Lewis X
PROCEDURES.
Council Member Anear indicated his negative vote was cast
due to the $25,000 limit on awarding contracts from
deposits held in trust.
Council agreed to reconsider Item No. 3 at this time.
(99) 3. AB /I6300 - Supplement #2 - FINAL MAP - CT 80-26/
CP-107 - KRIKORIAN ENTERPRISES.
The Assistant City Attorney reported that he had looked
at the Final Map, and all conditions by the Planning
Commission and the City Council had been met. He
indicated the objections involve private legal matters;
therefore, the Map is in conformance, and Council must
approve the Final Map. He noted that an amendment was
made which would allow the developer to offer units after
March 1, 1982, but not sell units. He indicated if that
condition was violated, the matter would be prosecuted by
the District Attorney.
Council approved the Final Map for CT 80-26 and CP-107 Packard X
(Fairway South.) Cas ler xx
Anear X
Kulchin X
Lewis X
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April 6, 1982 Page 11
I Building
(28) 31. AB 86956 - REHABILITATION PROGRAMS - SELECTION OF
BANK PROPOSAL. + The Building Director gave a brief staff report on the
matter, and introduced the Vice-president of Bank of
America who was present to respond to any questions
Council may have.
I Council adopted the following R.esolution:
RESOLUTION NO. 6840, AUTHORIZING THE DEPOSIT OF
FUNDS FROM THE CONTINGENCY ACCOUNT WITH THE SELECTED
REHABILITATION PROGRAM DEPOSITORY.
Engineering
(99) 32. AB #3255 - Supplement f4 - FINAL MAP FOR CT 74-21 -
CARLSBAD OAKS.
Richard Allen of the Engineering Department gave a staff
report on the matter with the aid of wall exhibits
showing the design of the Tentative Map and Final Map.
He explained that the Tentative Map had a road system
with five intersections on Palomar Airport Road, and the
Final Map eliminated two of those intersections. He
stated that the change was beneficial, and the Department
believed the Final Map was substantially in conformance
with the Tentative Map, and therefore, recommended
approval.
Council approved the Final Map for Carlsbad Tract 74-21.
i (102) 33. AB 416957 - TRAFFIC REGULATIONS ON PASEO DEL NORTE.
(x72) Larry Dossey of the Engineering Department gave a staff
report on the matter, outlining the contents of his
memorandum dated March 11, 1982.
Council discussion related to problems associated with
the trucks parking on Paseo Del Norte, and possible
alternative parking places for the large trucks. Also
discussed was the possibility of prohibiting large trucks
from utilizing Paseo Del Norte in any manner. 1 ' Council recognized Mrs. Louis Strada, 6571-B Paseo Del
Norte, Carlsbad. Mrs. Strada spoke in agreement with the
recommendations of the Traffic Safety Commission. She
commented on the problems associated with the vehicles
parking on Paseo Del Norte, and attempting to turn around
which created traffic jams.
Council recognized Mr. Ralph Darton, 4230 Trieste Drive,
Carlsbad, a member of the Traffic Safety Commission. Mr.
Darton commented on the issue of the speed limit, and
explained the reasons the Commission believed a 35mph
zone was more appropriate than a 45mph speed zone. He
also questioned the possibility of establishing a load
limit on Paseo Del Norte which would, in effect, prohibit
large trucks.
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Council expressed the desire to prohibit large trucks
from using Paseo Del Norte, and the methods which could
be implemented to effect that restriction. Also
discussed was the issue of the 35mph speed limit.
Council introduced the following Ordinances, with the
amendment of Ordinance No. 3147 to reflect a 35mph zone
in lieu of a 45mph zone:
ORDINANCE NO. 3145, AMENDING TITLE 10, CHAPTER 10.40
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 10.40.048 TO RESTRICT PARKING ON PASEO DEL
NORTE .
ORDINANCE NO. 3146, AMENDING TITLE 10, CHAPTER
10.32, SECTION 10.32.091 OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF SUBSECTION (h) DESIGNATING
PASEO DEL NORTE AS A TRUCK ROUTE.
ORDINANCE NO. 3147, AMENDING TITLE 10, CHAPTER 10.44
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.44.110 TO REVISE THE SPEED LIMIT ON PASEO
DEL NORTE.
34. AB #6958 - PARKING RESTRICTION ON EL CAMINO REAL
NEAR TAMARACK AVENUE.
Larry Dossey of the Engineering Department gave a brief
staff report on the matter.
Council discussion related to whether there should be
parking allowed anywhere on El Camino Real within the
City limits.
Council introduced the following Ordinance, with a
modification to prohibit parking on both sides of El
Camino Real within the City limits:
ORDINANCE NO. 3148, AMENDING TITLE 10, CHAPTER
10.40.047 OF THE CARLSBAD MUNICIPAL CODE.
City Attorney
35. AB 86935 - Supplement 111 - CABLE TELEVISION.
The Assistant City Attorney, Dan Hentschke, gave a brief
staff report on the matter. He indicated that a proposed
change had been delivered to the City Attorney's office
by Carlsbad Cablevision.
Council recognzed Mr. Tony Acone, 2051 Alga Road,
Carlsbad. Mr. Acone explained the meeting held with the
City Attorney's office in preparation of the documents,
and indicated that Section (c), which was now contained
in the proposed ordinance, was not a part of the original
discussions. He suggested that Section (c> be modified,
in accordance with Councils' previous direction, which
would deregulate cable TV, and place CPI limits on
increases.
The Assistant City Attorney read the proposed changes to
the ordinance, which were requested by Carlsbad
Cablevision, and explained why the Attorney's office
believed the particular changes should not be
incorporated into the ordinance, and why they would be
detrimental to the City.
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April 6, 1982 Page 13
Council recognized Mr. Fred Morey, representing La Costa
Cable TV. Mr. Morey commented on the lack of time the
operators had to review and comment on the proposed
ordinance. He noted that since the operators had no time
to review the ordinance, they had little time to prepare
any amendments, and therefore, Council had little time to
review the proposed changes.
Council discussion related to their previous meeting on
the matter and intent of their direction.
Council introduced the following Ordinance with the
following revisions on page 2:
Lines 9 and 10 to read, ". . . increase within thirty
days, on the basis of excessive subscriber
complaints, regarding Grantees service or rates, ...I'
Lines 12 and 13 to read, 'I. . . become effective until a
hearing is held on the matter and a decision
rendered, in accordance with the hearing procedures
as provided in Section 5.28.170."
ORDINANCE NO. 6065, AMENDING TITLE 5, CHAPTER 5.28
SECTION 5.28.175 TO PROVIDE AN ALTERNATIVE PROCEDURE
FOR FIXING RATES FOR CABLE TELEVISION SERVICE AND
INCREASING SAID RATES.
OF THE CARLSBA~ MUNICIPAL CODE BY THE ADDITION OF
It was noted that the agreement was to be amended, and
therefore, should be continued to allow Council to see the
proposed change in the agreement.
Council continued the adoption of the Resolution to the
next regular meeting.
OFF-AGENDA ITEM
Cable TTJ Legislation
Council unanimously agreed to consider the matter of Cable
TV Legislation as an off-agenda item.
Mayor Packard referenced a copy of an agenda bill that had
been distributed to Council prior to the meeting which
related to AB 2742, and the regulation of Cable TV by the
public Utilities Cormnission.
Council expressed opposition to AB 2742 by minute motion
and authorized the Mayor to correspond with appropriate
legislators expressing opposition.
Central Services
36. A.R 4,6933 - HOUSING AND R.EDEVELOPMENT ADVISORY
COMNITTEE APPOINTMENTS.
Council adopted the following Resolution: I
WSOLUTION NO. 6815, APPOINTING A MEMRER TO THE
CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY
COMMITTEE; that member being Thelma Hayes.
Council concurred with the proposed membership categories
submitted by the Building Official.
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I 76) 37. AB 86934 - PLANNING COMMISSION APPOINTMENTS.
Mayor Packard requested that each Council Member come
prepared at the next meeting to make two recommendations
for the Planning Commission appointments.
OFF AGENDA ITEM - Election I
Council unanimously agreed to discuss the matter of an I
election in the event a vacancy occurs on the Council. $8)
Council Member Lewis suggested that Council reconsider an
ordinance previously adopted which required the Council tc
call a special election to fill a vacancy on the Council.
He suggested that the City return to the State procedures
which would allow the Council to appoint to fill a
position for the remainder of the term.
1
Council directed the City Attorney to prepare documents
repealing the ordinance which requires the election.
COUNCIL REPORTS
JAC -
Council Member Casler reported on the recent meeting, and
the fact that they would like to put up a building which
would be approximately the size of the classroom at
Encina, which could be used as a training site. She
indicated that it would be operated by Palomar College in
that they would no longer have the use of the facility at
San Marcos.
Batiquitos Lagoon
Council Member Kulchin reported on the activities which
had occurred in the past few days in the citizens efforts
to close the mouth of the lagoon to prevent the loss of
the water.
NCTD I
Council Member Kulchin reported on a recent NCTD meeting. I
CLOSED SESSION I
Council adjourned to a Closed Session at 10:33 P.M. to
discuss litigation.
1 Council reconvened at 10:50 P.M., with all Council Members
present. Mayor Packard announced that litigation had been
discussed and no action taken.
ADJOURNMENT I
By proper motion the meeting was adjourned at 10:51 P.M.,
to Tuesday, April 13, 1982 at 6:OO P.M. i.n the Council
Chambers .
Respectfully Submitted,
ALETHA L. RAUTENKRANZ, City Clerk
Ann R. Alleman, Minutes Clerk
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