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HomeMy WebLinkAbout1982-05-18; City Council; Minutes' T " MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 18, 1982 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: Council Chambers ~ ~~~ CALL TO ORDER was made by Vice-Mayor Casler at 6:02 P.M. ROLL CALL was taken by the City Clerk: Present - Casler, Anear, and Kulchin. + Lewis arrived at 6:11 P.M. Packard arrived at 9:Ol P.M. INVOCATION was given by Pastor Jerald Stinson, Pilgrim Congregational Church PLEDGE OF ALLEGIANCE was led by Vice-Mayor Casler. I APPROVAL OF MINUTES (Approved by one motion. ) Minutes of the Regular Meeting, held May 4, 1982, were approved as submitted. Mindtes of the Adjourned Regular Meeting, held May 11, 1982, were approved as submitted. CONSENT CALENDAR Council Member Anear referenced Item No. 6, regarding the vacation of a portion of Oak Avenue and Canyon Street, and inquired why the proposal was for only half of the street. Les Evans, the City Engineer, responded that the applicant only requested the vacation for half of the street, as it is adjacent to his property. Council affirmed the action of the Consent Calendar as follows: I WAIVER OF DOCUMENT TEXT READING Council waived the reading of the text of all ordinances and resolutions at this meeting. I [501 0. AB #7004 - K&I"I'FICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $406,348.86 for the period May 4 to May 12, 1982; Payroll demands in the amount of $249,097.32 for the period April 26 to May 9, 1982; and Housing demands in the amount of $758.76 for the period May 4 to May 12, 1982. T 871 1. AB #7005 - BUDGET AND ASSESSMENT OF THE SAN DIEGO REGION WATER RECLAMATION AGENCY. Council approved the 1982-83 fiscal year budget and assessments of the San Diego Region Water Reclamation Agency (SDCWRA) . [95] 2. AB 87006 - TYLER STREET SIDEWALK IMPROVEMENT. Council adopted the following Resolution: RESOLUTION NO. 6870, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR TYLER STREET IMPROVEMENTS AND AUTHORIZING TRANSFER FUNDS. - /3-3 COUNCIL \\p 6% %?&? MEMBERS .;t 8 Z. Casler xx Kulchin X Anear X Casler xx Kulchin X Anear X *. May 18, 1982 MINUTES Page 2 [931 [451 3. AB f6937 - Supplement #l - AWARD OF CONTRACT - CONTRCT NO. 1116. Council adopted the following Resolution: IC RESOLUTION NO. 6871, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 1116 FOR CONSTRUCTION OF SUNNYHILL STORM DRAIN; to Horizons Construction, Inc . 1 [621 4. AB #7007 - LEGISLATIVE ISSUES. Council took a position in opposition to SB 1785 which would restrict use of park-in-lieu fees, adopted the following Resolution, and expressed support of the Governor's budget which would provide funds for water reclamation projects: RESOLUTION NO. 6872, EXPRESSING THE CITY OF CARLSBAD'S CONCERN OVER THE FREQUENCY OF MAJOR TRAFFIC ACCIDENTS IN THE AREA INVOLVING COMMERCIAL TRUCKS; EXPRESSING CONCERN OVER HAZARDOUS DRIVING PRACTICES OF TRUCKERS ON LOCAL HIGHWAYS; AND SUPPORTING CURRENT EFFORTS TO ALLEVIATE PRESENT CONDITIONS. [98] 5. AB 416992 - Supplement 81 - STREET NAME CHANGES. Council adopted the following Resolution: RESOLUTION NO. 6873, APPROVING TWO STREET NAME CHANGES: 1) FARADAY AVENUE TO PALMER AVENUE LOCATED IN THE CARLSBAD RESEARCH CENTER, WEST OF EL CAMINO REAL, NORTH OF PALOMAR AIRPORT; AND 2) PALMAR COURT TO CORTE QUINTA MAR, LOCATED EAST OF ESTRELLA DEL MAR, SOUTH OF ARENAL LANE. [107]6. AB f7008 - VACATION OF PORTION OF OAK AVENUE AND CANYON STREET. Council adopted the following Resolution, and set a public hearing for 6:OO P.M. on June 1, 1982: RESOLUTION NO. 6874, DECLARING INTENTION TO VACATE PORTION OF OAK AVENUE AND CANYON STREET. 7. AB $,7009 - REFUND OF PAYMENT FOR DAMAGE TO CITY [501 PROPERTY - BROADMOOR HOMES. t Council approved the refund of $1,058.26 to Broadmoor Homes due to duplicate payment. I ORDINANCES FOR INRODUCTION I [I131 8. AB 86994 - Supplement #l - SPECIFIC PLAN AND ZONE CHANGE - SP-182/ZC-240 - ELM PROPERTIES. I I Council introduced the following Ordinances: ORDINANCE NO. 9617, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-240) FROM R-1-10,000 TO RP ON 8 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND ELM AVENUE. - 1 5-a COUNCIL \\p +% % %' % MEMBERS % %% f ~ I Cas ler X Kulchin xx Anear X / s/ MINUTES May 18, 1982 Page 3 1 ORDINANCE NO. 9618, APPROVING SPECIFIC PLAN (SP-182) FOR A GARDEN OFFICE PROJECT ON APPROXIMATELY 8 ACRES TO BE KNOWN AS ELM GARDEN OFFICES GENERALY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND ELM AVENUE. A 11131 I 9. AB 416996 - Supplement 411 - ZONE CHANGE AND PRECISE DEVELOPMENT PLAN FOR THE EXPANSION OF THE SAN MARCOS MEADOWLARK WASTEWATER TREATMENT PLAN - ZC-254/PDP- 3A. - COUNCIL MEMBER LEWIS ARRIVED AT 6: 11 P.M. Council introduced the following Ordinance and adopted the following Resolution: ORDINANCE NO. 9619, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-254) FROM PC TO PU ANI) FROM PU TO OS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF RANCHO SANTA FE ROAD AT SAN MARCOS CANYON. RESOLUTION NO. 6875, APPROVING A PRECISE DEVELOPMENT PLAN (PDP-3A) FOR EXPANSION OF THE EXISTING SAN MARCOS MEADOWLARK WASTE WATER TREATMENT PLANT ON PROPERTY GENERALLY LOCATED APPROXIMATELY 800 FEET WEST OF RANCHO SANTA FE ROAD, NORTH OF THE INTERSECTION OF QUESTHAVEN ROAD AND RANCHO SANTA FE ROAD IN THE NORTHEAST LA COSTA AREA. 10, AB j16995 - Supplement #11 - ZONE CHANGE, TENTATIVE SUBDIVISION MAP, AND CONDOMINIUM PERMIT - zc-255/ [991 11131 CT 81-19/CP-199 - SHEFFLER. Council introduced the following Ordinance, and adopted the following Resolution: ORDINANCE NO. 9620, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-255) FROM R-A-10,000 TO RD-M ON 4.15 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL AND CHESTNUT AVENUE. RESOLUTION NO. 6876, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-19) FOR A 50 LOT SINGLE FAMILY AND CONDOMINIUM LOT PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-199) FOR SAID 33 UNITS ON 22.8 ACRES OF PROPERTY GENERALLY LOCATED ON t THE NORTHWEST CORNER OF EL CAMINO REAL AND CHESTNUT AVENUE. I ORDINANCES FOR ADOPTION I [781 11. AB 86916 - Supplement 111 - AMENDMENT TO PARKING VIOLATION ENFORCEMENT FEES. I Council adopted the following Ordinance: ORDINANCE NO. 3150, AMENDING TITLE 10, CHAPTER 10.42 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.42.010(b) TO INCREASE THE SURCHARGE FOR PARKING VIOLATIONS TO $2.00. "n- COUNCIL \\$ S% %9$%9 MEMBERS Z. (I, Z. I Cas ler X Lewis xx Kulchin X Anear X Cas ler X Lewis xx Kulchin X Anear X Cas ler X Lewis xx Kulchin X Anear X t si* MINUTES May 18, 1982 Page 4 12. AB f6997 - PROHIBITION OF SALINE DISCHARGING WATER [921 SOFTENER UNITS IN THE LAKE CALAVERA HILLS DRAINAGE BAS IN. Council adopted the following Ordinance: il ORDINANCE NO. 7062, AMENDING TITLE 13, CHAPTER 13.04 AND TITLE 18, CHAPTER 18.16 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 13.04.050(L) AND 18.16.160 TO PROHIBIT SALINE DISCHARGING WATER SOFTENERS IN THE LAKE CALAVERA HILLS DRAINAGE BASIN. PUBLIC HEARINGS 13. AB 87010 - ZONE CODE AMENDMENT TO THE PARKING [1141 ORDINANCE - ZCA-145 - CITY OF CARLSBAD. Michael Holzmiller of the Planning Department gave a staff report on the matter. With regard to projects already approved or in process, he indicated that there are 4 office projects in for building permits, and 7 or 8 projects that have received approval but have not applied for building permits, that comply with the present Ordinance requirements. Mr. Holzmiller concluded that the Planning Department is recommending that any project with an approved application should be exempt from the new parking requirements. 1 In response to Council query, Mr. Holzmiller explained that the Housing and Redevelopment Advisory Cummittee did not discuss the amendment to the parking ordinance, but did'discuss parking problems of the La Jolla Bank & Trust project. Council Member Kulchin suggested that the matter go before the Housing and Redevelopment Advisory Committee, as it relates to the downtown redevelopment area. I Vice-Mayor Casler opened the public hearing at 4:24 P.M., and extended the invitation to speak. Council recognized Mr. Roy Ward, 1207 Elm Avenue, Carlsbad, speaking as a member of the Housing and Redevelopment Advisory Committee. Mr. Ward commented on parking inadequacies in the downtown area. He concluded by suggesting that Council consider reviewing the parking requirements on a case by case basis for the redevelopment area, rather than a lump sum approach. I Council recognized Mr. Joe Sandy, 1205 Magnolia, Carlsbad, representing several interests in the downtown area. Mr. Sandy suggested that banks may be the only problem, theiefore, the amendment should only address banks. He furdher suggested that consideration be given to exempting the redevelopment area from the proposal. Since no one else wished to speak on the matter, Vice- Mayor Casler closed the public hearing at 6:31 P.M. Council Member Kulchin expressed her opinion that the amendment is premature, and suggested that same be returned to Staff for further input and recommendation. \\y 5 COUNCIL % %$ % MEMBERS % %% f Casler X Lewis xx Kulchin X Anear X J47 MINUTES May 18, 1982 Page 5 I Council discussion related to Nr. Ward's suggestion of revilewing each project on a case by case basis, the feas,ibility of exempting the redevelopment area, the surveys conducted of other California cities, and parking problems in the City. .' i Council returned the matter to Staff and requested that a sub-committee be formed, comprised of members of the Planning Commission and Housing and Redevelopment Advisory Committee, for further study and recommendation. 14. AB 417011 - SPECIFIC PLAN AND ZONE CHANGE FOR PASEO [1131 DEL NORTE - SP-184/ZC-256. Michael Holzmiller of the Planning Department gave a staff repdrt on the matter. He indicated that one of the concerns of the Planning Commission was that this proposal would make developed lots within the area inconsistent with the recommended zoning, and the Specific Plan. He added that Staff is therefore requesting the following wording be inserted into the text of the Specific Plan: - "All existing uses presently located within the boundaries of this Specific Plan are expressly permitted by this Specific Plan. Any future expansion, enlargement or redevelopment shall be governed by the provisions of Chapter 21.48 of the Zoning Ordinance (legal non-conforming uses and buildings. )" Mr. IHolzmiller concluded that Staff has contacted one of the ,property owners, who has indicated that the wording would be acceptable. Vice-Mayor Casler opened the public hearing at 6:46 P.M., and extended the invitation to speak. Council recognized Mr. Andrew McReynolds of La Jolla. Mr. 'McReynolds indicated he is in agreement with the zone change, and his only concern is circulation. He stressed that it is important that his parcel have access to both Palomar Airport Road and Paseo Del Norte. Since no one else wished to speak on the matter, Vice- Mayor Casler closed the public hearing at 6:50 P.M. In response to Council query, Michael Holzmiller explained that the intent of the Specific Plan is to encourage the vacant industrial property owners to take access to Palomar Airport Road. Council directed the City Attorney's Office to prepare docqments approving SP-184 and ZC-256 with the addition of the 'wording recommended by Staff. 15. AB /I3528 - Supplement 4/13 - AGUA HEDIONDA LAND USE [I131 PLAN - SECOND PUBLIC HEARING. The Planning Director gave a staff report on the matter, and briefly outlined some of the revisions to the plan. He continued by explaining the proposed Cannon Road alignment, with the aid of a wall exhibit showing same. He concluded by referencing Resolution No. 6877, and indicated Staff is recommending the deletion of the wording, "and Specific Plan 166," from the last sentence. COUNCIL \\$ +% %y+%$ MEMBERS Z. 8 Z. Casler Anear X X Lewis xx Ku lch in i I I Cas ler X Lewis xx Kulchin X Anear X /t/8 MINUTES COUNCIL \\y 5 % ?$%? May 118, 1982 Page 6 MEMBERS + 6 Z. I Vice-Mayor Casler opened the public hearing at 7:02 P.M., and lextended the invitation to speak. Council recognized Mr. Allen Tebbitts, representing Dr. Fernaro, owner of an 8-acre site adjacent to Bristol Cove. Mr. Tebbets indicated that they are in support of the staff recommendation, as it will make the land use des?gnation consistent with the adjoining parcel. Coudcil recognized Mr. Joe Sandy, 1205 Magnolia, Carlsbad. Mr. Sandy referenced the 6.6 acres on the nor(h shore of the lagoon, and indicated that the pro$erty owner is not satisifed with the designation of aquaculture. He recommended that one half of the parcel be designated for recreational commercial use, and the other half be designated permanent aquaculture. Mr. Sandy continued to respond to Council questions regarding compatibility of the two uses, and the affect on ocean animals. The'Planning Director indicated there is a recommended change in the policy regarding Mr. Sandy's concerns. Couqcil recognized Nr. Bill Dominguez, 4378 Adams Street, Carlsbad. Mr. Dominguez expressed the opinion that the expansion of commercial uses could be detrimental to the area. He also expressed concern regarding the number of aquatic vehicles on the lagoon, and the noise impact from jet ski and power boat usage Mr. Dominguez concluded by requesting Council consideration for restricting commercial uses on the lagdon to the original areas that have been designated as comqercial use. Council recognized Mrs. Beverly Kennedy, 4368 Adams Strdet, Carlsbad. Mrs. Kennedy inquired regarding parking in ehe area, and expressed concern regarding any increase in commercial which would impact traffic circulation and parking in the area. Council recognized Mr. Wayne Kellehan, 18002 Skypark Circle, Irvine. Mr. Kellehan inquired if the proposed alignment of Cannon Road was a precise alignment. Les Evans, the City Engineer, responded that it is n0t.a precise alignment. Since no one else wished to speak on the matter, Vice- Mayor Casler closed the public hearing at 7:30 P.M. In response to Council query regarding private docks, the Planning Director explained that if the City received a request for same, it would require an agreement between the lCity and SDG&E on the liability issue, and approval of dl1 the required regulatory agencies. For clarification purposes, the City Attorney explained tht 'the lagoon is private property, and the City owns service rights. He added that private docks would be inconsistent with the owners rights and the City's rights. I I ~ ~ /7,7 MINUTES May !18, 1982 Page 7 ~ Council adopted the following Resolution, as amended: RESOLUTION NO. 6877, ADOPTING THE LAND USE PLAN PORTION OF THE AGUA HEDIONDA LOCAL COASTAL PROGRAM. Council introduced the following Ordinance: 1 ORDINANCE NO. 9621, DELETING SPECIFIC PLAN 13 ON 'PROPERTY LOCATED ON THE NORTH-WESTERLY QUADRANT OF INTERSTATE 5 AND CANNON ROAD. Council introduced the following Ordinance: ORDINANCE NO. 9622, AMENDING ORDINANCE NOS. 9279, 9456 AND 9481 BY THE AMENDMENT OF THE SPECIFIC PLAN , ADOPTED THEREBY TO DELETE CERTAIN PORTIONS OF THE PROPERTY SUBJECT TO THE SPECIFIC PLAN, MORE SPECIFIC PLAN EAST OF INTERSTATE 5. ~ SPECIFICALLY, ALL THAT PROPERTY SUBJECT TO THE DEP4RTMENTAL AND CITY MANAGER REPORTS Planning [113] 16. AB 87012 - SDG&E FIVE-YEAR AIR MONITORING REPORT. Michael Holzmiller of the Planning Department gave a staff report on the matter. Mrs. Stella Wilcox, representing the Air Pollution Control District (APCD), addressed Council and gave some bacKground on the matter. Mrs. Wilcox continued to respond to Council questions regarding impact of the burning of different type fuels, fallout, and suspended particulate matter. Mrs. Wilcox concluded by indicating that monitors will remain in the stack, and will be checked by the APCD and the 'Air Resource Board during fuel test burning. Following brief discussion, Council accepted the report in satisfaction of the conditions of Specific Plan SP-X44(B 1. I RECEss t Vice-Mayor Casler called a recess at 7:53 P.M., and Council reconvened at 8:06 P.M., with four members present. City Manager [62] 17. AB #7013 - CLEAN AIR ACT REAUTHORIZATION. The'City Manager gave a brief staff report on the matter. Mr. ,Paul Sidhu, representing the APCD, addressed Council. Mr. Sidhu responded to Council questions regarding the reatithorization of the Federal Clean Air Act, and the impact of various air quality issues. - COUNCIL \b +% 3 %% % MEMBERS % %% c Casler X Lewis X Kulchin xx Anear X Casler X Anear xx Kulchin X Lewis X Cas ler X Lewis X Kulchin xx Anear X Casler X Lewis xx Kulchin X Anear X - MINUTES May ,18, 1982 Page 8 Council supported the position of the County Board of Supervisors on the reauthorization of the Federal Clean Air Act. Add{tional Comments on Item No. 9 - ZC-254/PDP-3A ' Vice-Mayor Casler indicated that it had been brought to her attention by the applicant for Item No. 9 (ZC-254/PDP- 3A) Ithat their contract is set for June 15, 1982, and the Ord4nance will not be in effect by that date. She suggested Council may wish to consider making it an emedgency Ordinance, and queried the City Attorney. The City Attorney responded that an emergency Ordinance must: relate to the health, safety, and welfare of the peop; le. Council unanimously agreed to hear from the applicant. Mr. John Murk, representing the applicant, addressed Council. Mr. Murk explained that the applicant has recciived bids for the construction of the expansion of the facility, and they are only valid until June 15, 1982. He added that awarding the contract at that time would save a great deal of money. Mr. murk continued that there is 2n urgency factor as the District is parting with the use of the outfall line, in addiltion to the fact that they have received favorable bids. The City Attorney indicated that though the Ordinance was not effective, it would not prevent the applicant from awarding a contract. Couricil directed that the matter be returned at their meeqing of May 25, 1982 with an Urgency Ordinance that wil) allow the rezone to become effective prior to June 15, 1982. ~ Eng4neering [70] 18. AB 8910 - Supplement #30 - SWIMMING POOL PARKING LOT ADDITION. The City Engineer gave a brief staff report on the matter. 1 Council Member Anear expressed his opinion that a parking lot is not needed for the pool. He added that if the,lot is needed, gravel would suffice and be less expensive. Council adopted the following Resolution: RESOLUTION NO. 6878, AUTHORIZING THE TRANSFER OF FUNDS AND AUTHORIZING CITY STAFF TO PREPARE THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SWIMMING POOL PARKING LOT ADDITION. c /rb COUNCIL \\$ 5 %?$, x., p, ~ MEMBERS 2. 6 2. Casler Anear X X Lewis X X Kulchin ' X Casler Lewis xx Kulchin X Anear X X Cas ler Anear X X Lewis xx Kulchin ~ ~ ~ i /+< MINUTES May 18, 1982 Page 9 Council agreed to hear the following items concurrently: [721 19. AB #7014 - NO PARKING ON MONROE STREET FROM ELM AVENUE TO MARRON ROAD. ~721 20. AB f7015 - NO PARKING ZONE ON HOSP WAY. 1 [721 21. AB f7016 - NO PARKING ON ALGA ROAD. Les Evans, the City Engineer, gave a staff report on Items 19, 20, and 21, essentially as contained in the Agenda Bills. Cou{cil briefly discussed the future of Marron Road regarding parking and a potential bicycle lane. Council adopted the following Ordinance: ORDINANCE NO. 3151, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.40.051 TO DECLARE A "NO PARKING" ZONE ON THE WEST SIDE OF MONROE STREET FROM ELM AVENUE TO HOSP WAY AND ON THE EAST AND WEST SIDES FROM HOSP WAY TO MARRON ROAD. Council introduced the following Ordinance: ORDINANCE NO. 3152, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.40.049 TO PROHIBIT PARKING ON HOSP WAY FROM EL CAMINO REAL TO MONROE STREET. With regard to Item No. 21, the proposed no parking OrdGnance for Alga Road, Council Member Kulchin expressed concern for those people who live on Alga Road, and indicated that if parking was prohibited on Alga Road, the~e would be no place for their guests to park. Council discussion related to the safety aspect, and the problems a no parking zone would create for residents in the area. The City Engineer indicated that Alga Road is a major arterial, and parking is inconsistent with the General Plan. A motion was made to introduce the following Ordinance: ORDINANCE NO. 3153, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.40.052 TO DECLARE A "NO PARKING" ZONE ON THE SOUTH SIDE OF ALGA ROAD FROM EL CAMINO REAL TO ALI CANT E. b The~motion failed due to lack of a second. c COUNCIL \\$ +% %9$3k MEMBERS Z. 8 Z. Casler X Lewis xx Ku lchin X Anear X Cas ler X Lewis xx Kulchin X Anear X Anear X 6YY MINUTES COUNCIL \\$ *% %?$%? May 18, 1982 Page 10 MEMBERS .;t (I, Z. Bui$ding [711 22. AB 417017 - DOWNTOWN PROPERTY OWNERS I PARKING [451 AGREEMENT. Marty Orenyak, Director of Building and Housing, gave the staf'f report, with the aid of a wall exhibit showing the proposed design for parking. With regard to insurance, Mr. Orenyak indicated Staff is reco,mmending the following amendment to the Parking Agreement: II The parties agree to maintain during the term of this agreement an insurance policy covering liability for any personal injury or property damage arising out of the operation or condition of the parking lot in an amount of not less than one million dollars combined single limit. The insurance policy shall name each party as an insured. The parties shall bear the cost of this policy on a prorate basis as specific in Paragraph No. 7." Ms. 'Nancy Boyer addressed Council, representing the proPerty owners. She expressed her opinion that the agre'ement is a preliminary step to redevelopment, and indicated that she is pleased to participate in same. She indacated she had a letter from Jayce McClellan, McClellan Insurance Agency, offering to provide the necessary insurance. Couricil adopted the following Resolution: Cas ler X Anear X RESOLUTION NO. 6879, APPROVING AN AGREEMENT FOR Kulchin xx COMMON PARKING FACILITIES AND GRANT OF RECIPROCAL Lewis X PARKING AND ACCESS EASEMENTS AND GRANT OF PUBLIC PARKING EASEMENTS WITH COVENANTS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Council introduced the following Ordinance: X Lewis STREET TO THROUGH VEHICULAR TRAFFIC TO ALLOW THE xx Kulchin ORDINANCE NO. 7063, CLOSING A PORTION OF TYLER X Anear X Casler ESTABLISHMENT OF A PARKING FACILITY. City Manager 23. AB 87018 - REQUEST TO ABATE WEED NUISANCE IN RUENA 701 ' VISTA LAGOON. The'City Manager gave a brief staff report on the matter. Mr. 'Henry Tenaglia, St. Malo beach, addressed Council. Mr. 'Tenaglia showed Council pictures of the area, and expresed willingness to respond to any questions. MAYQR PACKARD ARRIVED AT 9:Ol P.M. Council Member Anear referenced the agreement with the Cit? of Oceanside to widen the weir in St. Malo, and inq+ired if the abatement could be handled at the time the:equipment is there for widening the weir. /93 MINUTES May 18, 1982 Page 11 \\$ *% COUNCIL %?$st MEMBERS Z. 8 Z. The City Attorney explained the procedures to be followed if Council desired to abate the nuisance. He emphasized that it would require a finding that it is a public and not a private issue. Council adopted the following Resolution: Packard X Cas ler X WSOLUTION NO. 6882, DECLARING INTENTION TO HOLD A Anear X Lewis NEAR THE BUENA VISTA LAGOON WEIR. xx Kulchin PUBLIC HEARING ON THE ABATEMENT OF NUISANCE: TULES X Vice-Mayor Casler relinquished the chair to Mayor Packard. [113124. AB 85921 - Supplement f2 - OCCIDENTAL LAND MP-l33/POINSETTIA AND 1-5. The City Manager gave a staff report on the matter, with the aid of a transparency showing the Master Plan land use. He explained the three issues under consideration and a brief history of each. Council Member Anear suggested that if $180,000 is all that prevents an agreement, the amount should be split. Mr. ,Ken Wassman addressed Council, and requested that Council accept the 3.95 acres for park purposes. He staded he originally gave that property for park purposes and lexpected credit for same. Mr. ,Don Agatep, 2956 Roosevelt, Carlsbad, addressed Council. Mr. Agatep stated a portion of the park was going to be used for a fire station, but it was dedicated as park. Mr. :Hall, President of the Lakeshore Gardens Homeowners Association, addressed Council. Mr. Hall requested Council consideration of the 700 existing property owners in che area. Following brief discussion, Council approved the offer of Packard X Occidental Land to resolve issues concerning MP-133, Cas ler xx directed Staff to notice the public hearing to repeal Ane ar the existing Master Plan, and directed the City Attorney Kulchin X to prepare documents implementing the decision, to Lewis include the following actions: 1) Agreement releasing Occidental from any obligations concerning railroad overcrossing, sewer reimbursement, in return for payment of $274,000 less $35,000 sewer deposits. 2) Agreement requiring Lusk to pay for bridge 1 approaches ($841,000) and granting 725 units credit for park-in-lieu fees. 3) Resolution abandoning 3.95 acre site under Park Abandonment Act and calling for bids. 4) Authorizing Staff to process development plans within the Mp-133 area. 5) No City Council hearings to be held until designs reviewed and bonds posted. /7& MINUTES May ~ 18, 1982 Page 12 Centjral Services 25. AB f6933 - HOUSING AND REDEVELOPMENT ADVISORY 1281 COMMITTEE APPOINTMENT. Vice-Mayor Casler indicated that Mrs. Nadine Slemmer 9 would prefer not to be considered for the appointment at this time. I Council adopted the following Resolution: RESOLUTION NO. 6816, APPOINTING A MEMBER TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE; that member being Robert Holmes. [761 26. AB %6934 - PLANNING COMMISSION APPOINTMENTS. Cou+cil Member Lewis nominated Rawlins and Friestedt. Council Member Kulchin nominated Rawlins and Friestedt. Vice-Mayor Casler nominated Rawlins and Friestedt. Mayor Packard nominated L'Heureux and McBane. Council Member Anear nominated L'Heureux and McBane. CouGcil adopted the following Resolutions: RESOLUTION NO. 6817, APPOINTING A MEMBER TO THE CARLSBAD PLANNING COMMISSION; that member being Jonathan Friestedt. RESOLUTION NO. 6818, APPOINTING A MEMBER TO THE CARLSBAD PLANNING COMMISSION; that member being Willis H. Rawlins. [281 27. AB W7019 - PERSONNEL BOARD APPOINTMENT. Cou$cil adopted the following Resolution: RESOLUTION NO. 6880, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PERSONNEL BOARD; that member being Camille Mitkevich. [631 28. AB 87020 - LIBRARY BOARD OF TRUSTEE APPOINTMENT. Council adopted the following Resolution: i RESOLUTION NO. 6881, APPOINTING A MEMBER TO LIBRARY BOARD OF TRUSTEES OF CITY OF CARLSBAD; that member being Herbert Falkenstein. OFF ~ AGENDA ITEMS Council unanimously agreed to take the items of the June 8, 1982 Council Workshop, and the San Diego Regional Water Reclamation request up as of f-agenda items. - COUNCIL I\\ % %' 8 MEMBERS % %% Packard Kulchin X Anear xx Cas ler X X Lewis X Packard Kulchin X Anear xx Casler X X Lewis X Packard Kulchin X Anear X Cas ler xx X Lewis X Packard Kulch in X Anear X Casler xx X Lewis X Packard xx Kulchin X Anear X Casler X X Lewis MINUTES May ~18, 1982 Page 13 ~ ~ Juri+ 8, 1982 Council Workshop Council Member Kulchin indicated that June 8, 1982 is election day, and requested that Council consider candelling the workshop meeting for that date. Courdcil cancelled the workhop meeting for June 8, 1982. I San JDiego Regional Water Reclamation Agency - CEPA Project ~ Cou?cil Member Anear gave a brief report on the matter, and~indicated that the Agency is requesting the City write a ldtter of support to the State Legislature, requesting the? approve the request for the funding. Council directed Staff to draft a letter to the State Legilslature, per the samples, requesting that the State fund the project. ADJOURNMENT By Groper motion the meeting was adjourned at 9:55 P.M., to T,uesday, May 25, 1982 at 5:OO P.M. in the Council Chambers. Respectfully Submitted, ALEAHA L. RAUTENKRANZ, de- City Clerk Ann 'R. Alleman, Minutes Clerk 1 Y 7/ COUNCIL \\$ % % ?$%? MEMBERS .;t 8 Z. Packard Casler X X Lewis xx Kulchin XI Anear X Packard Casler X X Lewis X Kulchin xx Anear X