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HomeMy WebLinkAbout1982-06-29; City Council; Minutes'I I' MINUTES MEETING OF: CITY COUNCIL DATE OF MEETING: June 29, 1982 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: Council Chambers (Adjourned Regular Meeting) CALL TO ORDER The meeting was called to order by Mayor Casler at 6:OO P.M. c I ROLL CALL was taken by the City Clerk as follows: Present - Council Members Casler, Lewis, Kulchin and Chick. Absent - None. [37] 1. APPOINTMENT OF COUNCIL MEMBER. Mayor Casler gave a brief recap of the actions taken since the Council seat was vacated upon her election as Mayor. She noted the different options that Council could take, and indicated an additional option would allow for the City to adopt an ordinance amending their Code to allow for an appointment of an individual to serve in the interim until such time as the election could be held in November. Brief Council discussion reflected the opinion that the election would be the most appropriate process to fill the vacant position. I Council introduced the following Ordinance: ORDINANCE NO. 1253, AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 2.04.030 TO PROVIDE FOR A SPECIAL ELECTION TO FILL COUNCIL VACANCIES AFTER A TERM OF TEMPORARY APPOINTEE. Council then discussed who should be appointed to the interim position, and indicated a desire that any appointee would preferably not compete for the position in the November election. . Following brief discussion, Council agreed to appoint Girard W. Anear to the vacant Council seat in the interim until such time as an election could be held in November. I As a point of clarification, Assistant City Attorney, Daniel Hentschke, indicated Mr. Anear would not take 0 office until July 6, 1982, following the adoption of the I Ordinance, which would take effect immediately. I ORDINANCES FOR ADOPTION [ 571 2. AB #7035 - Supplement 111 - GENERAL PLAN AMENDMENTS. Council adopted the following Ordinance: ORDINANCE NO. 9627, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-251) FROM R-1-10,000 TO RD-M-Q ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALICANTE ROAD, EAST AND WEST OF ALTIVA PLACE. 7- COUNCIL \\p 9% % ?$%$ MEMBERS Z. 6 Z. Cas ler xx Lewis X X Chick X Ku lch in Cas ler Kulchin xx Lewis X X Chick X Cas ler Ku lch in X Lewis X X Chick xx MINUTES June 29, 1982 Page 2 I I [113] 3. AB $17036 - Supplement 111 - AMENDMENT TO THE LA COSTA MASTER PLAN - MP-149(G) . I Council adopted the following Ordinance: t ORDINANCE NO. 9628, AMENDING ORDINANCE NO. 9570 AND MASTER PLAN (MP-l49(E)) TO REVISE THE LAND USE PLAN I OF LA COSTA NORTHWEST AND TO MAKE MINOR ADMINISTRATIVE CHANGES TO THE MASTER PLAN TEXT AND MAPS ON PROPERTY GENERALLY LOCATED EAST OF EL CAMIWO REAL AND NORTH OF ALGA ROAD. [ 991 4. AB 117053 - SUBDIVISION CODE AMENDMENT TO REVISE LOT DEPTH REQUIREMENTS. Council adopted the following Ordinance: ORDINANCE NO. 9629, AMENDING TITLE 20, CHAPTER 20.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION 20.16.010(8) TO PERMIT LOT DEPTH TO EXCEED THREE TIMES ITS AVERAGE WIDTH UNDER CERTAIN CIRCUMSTANCES. I I [ 671 5. AB #7060 - ENVIRONMENTAL PROTECTION ORDINANCE REVISION. Council adopted the following Ordinance: ORDINANCE NO. 9630, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO MAKE THE CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1980 CONSISTENT WITH STATE LAW. I DEPARTMENTAL AND CITY MANAGER REPORTS c Parks and Recreation [70] 6. AB $17069 - PARK-IN-LIEU FEE COMPLIANCE. The City Manager gave a brief report on the matter, basically as contained in the Agenda Bill. Council recognized Mr. John McCoy, 390 Oak Avenue, Carlsbad. Mr. McCoy referenced his letter dated May 4 , 1982, and expressed the opinion that if an individual has one lot and subdivides it into two, it is only creating one additional lot. Therefore, the park-in-lieu fee should not be charged for two lots. Council recognized Mr. Jim Swab, 2924 Highland Drive, Carlsbad. Mr. Swab expressed support of Mr. McCoy, and expressed the opinion that credit should be given on park- in-lieu fees for existing units. Council Member Lewis expressed the opinion that if the unit remains, credit should be given; however, if existing units are torn down or it is vacant land, then they should be charged the fee. Council discussion related to whether to allow credit for existing units, or whether to charge as established by the current policy on the matter. COUNCIL \\$ 9% %9$%F MEMBERS 2. tp 2. Cas ler Chick xx Ku lch in X Lewis X X Cas ler Chick xx Ku lch in X Lewis X X Cas ler Chick xx Ku lch in X Lewis X X 8, MINUTES June 29, 1982 Page 3 I I Council directed the City Attorney to prepare documents amending the Carlsbad Municipal Code to implement their policy to allow exception in the park-in-lieu fee for lots which have existing residential structures, whether the structure remains or' is replaced. t Engineering [81] 7. AB #7062 - STREETSCAPE EASEMENT DEDICATION. I After a brief report by the City Engineer, Council adopted the following Resolution: RESOLUTION NO. 6916, ACCEPTING THREE GRANT DEEDS FROM PROPERTY OWNERS FOR RIGHT-OF-WAY PURPOSES. I [SO] 8. AB a7063 - REQUEST FOR REFUND. I After a brief report by the City Engineer, Council authorized payment of the requested refund in the amount of $810 to TORREY PACIFIC DEVELOPMENT. [97] 9. AB #7039 - Supplement #l - STREET RESURFACING PROGRAM CONTRACT NO. 1118. The City Engineer gave a brief staff report on the matter. In response to Council question, he explained the method utilized in determining which streets are resurfaced. I Council adopted the following Resolution: I RESOLUTION NO. 6917, AUTHORIZING THE CHANGE ORDER FOR RESURFACING OF VARIOUS STREETS - CONTRACT NO. 1118. I [ 1001 10. AB 17064 - LOCAL OPTION FUEL TAX. I The City Engineer gave a staff report briefly explaining the history of the matter. As a further report, the City Manager indicated that the City currently spends approximately one million dollars a year in street maintenance. He indicated that the gas tax money is only paying about 40% of the cost of street maintenance, which does not include costs for major street construction. t Council approved the agreement and instructed Staff to advise the County of their approval of the $.02 Local Option Fuel Tax Ballot Proposition. I Utilities I I [92]11. AB #7065 - JAC BUDGET - FISCAL YEAR 1982-83. I Mr. Roger Greer, Utilities Director, gave a staff report on the matter as contained in the Agenda Bill. He responded to questions regarding additional personnel required to operate the secondary treatment at Encina, and the time line for hiring these personnel. He also explained the different phases of the plant, and the many Federal and State regulations for the operation of same. COUNCIL \$$ %9 "0 ++,% A MEMBERS Z. @ .2 Cas ler X Chick xx Kulchin Lewis X Cas ler X Chick xx Ku lchin X Lewis X Cas ler X Chick xx Kulchin X Lewis X Cas ler X Chick xx Ku lch in X Lewis X Cas ler X Chick xx Ku lch in X Lewis X L 0 9 c -8 f' MINUTES June 29 , 1982 Page 4 I It was noted that the current $2.00 surcharge should be lifted in December; however, an additional increase in fe may be required to offset the costs. Council indicated a desire for the matter to be well publicized. I Council approved the fiscal year 1982-1983 JAC budget. c) I City Attorney I [70] 12. AB 87018 - Supplement #3 - ABATEMENT OF NUISANCE AT BUENA VISTA LAGOON. I After a brief staff report by the Assistant City Attorney, Council adopted the following Resolution: - .e RESOLUTION NO. 6918, DECLARING THAT A PUBLIC NUISANCE EXISTS ON PROPERTY ADJACENT TO THE BUENA VISTA LAGOON NEAR THE WEIR IN THE CITY OF CARLSBAD AND DImCTING THAT THE PROPERTY OWNER ABATE THE NUISANCE, AND UPON THE PROPERTY OWNER'S FAILURE TO ABATE THE NUISANCE THAT THE CITY ABATE THE NUISANCE AND ASSESS THE COSTS THEREOF TO THE PROPERTY OWNERS AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION TO ABATE SAID NUISANCE. [ 1141 13. AB $17034 - Supplement #l - PLANNED DEVELOPMENT ORDINANCE - ZCA-132. The Assistant City Attorney gave a brief staff report on the matter. Council recognized Mr. Bob Allan, 7290 Clairemont Mesa Boulevard, San Diego. Mr. Allan commented that he is now currently developing a project, and has submitted plans to the City. He noted that his project contains concepts which would not currently be allowed under the ordinance as proposed. He referenced photos of a project which had been distributed only to Council Members, and requested that Council review same for possible modifications to the existing ordinance. In conclusion, he requested that Council allow flexibility in the ordinance. Council Member Lewis referenced the pictures and noted the small setbacks. He expressed the desire that residents living in such projects should be contacted prior to approving any such standards in the City. Council recognized Mr. Girard W. Anear, 1728 Calavo Court, Carlsbad. Mr. Anear referenced Section 21.45.210 of the proposed ordinance, and indicated it was unclear what the lien would be placed against. He also referenced the section dealing with the RV storage, and indicated that the space would be inadequate, and suggested that 200 square feet be the minimum required. Council recognized Mr. Bob Ladwig of Rick Engineering. Mr. Ladwig referenced his letter dated June 29, 1982, and reiterated its contents, requesting reconsideration of the requirement for RV parking. COUNCIL \$ +% %?$%? MEMBERS Z. (I, Z. ' Cas ler X Chick xx Ku lch in X Lewis X Cas ler X x~ Chick Ku lch in xx Lewis X ~ ~ . .t 8 I' MINUTES June 29, 1982 Page 5 1 Council recognized Mr. Jim Goff, Daon Corporation, who indicated that a recent personally conducted tour of RV parking areas in the La Costa area reflected a severe lack of their use. He expressed concern about a proliferation of RV parking areas in the City, due to the standards, and urged Council to allow developers the flexibility to provide the RV parking or not provide the RV parking, in accordance with their development concepts. Council Member Lewis expressed the opinion that Council should have the option to determine whether the RV storage is required, and not the developer. Mayor Casler referenced page 7, line 19 - Useable Recreational Space, and expressed the desire that an inclusion be made which would note that if lots are at least 7500 square feet in size, that a common recreation area would not be required. Council concurred with the suggestion. Michael Holzmiller of the Planning Department gave additional staff report concerning the frontyard setback issue. He referenced Council's previous action which would require a minimum 20 foot setback for any garages that faced and were entered directly from the street. He noted; however, that the ordinance had been prepared to allow a variation for condominiums and remnant lots, which may, in fact, require five (5) foot setbacks. He displayed samples of such cases on transparencies. Following discussion, Council concurred that the wording be changed to allow for Council option on whether to require RV storage, depending on development at the time of the tent at ive map approval. Council also concurred that if such RV storage area were required, it should require a minimum of 200 square feet. It was noted on page 8 that the word "jacuzzi" was in fact a trade name, and therefore should be changed to the word "spa. Council returned the matter to Staff to make the appropriate changes per Council direction at the meeting. If - 1 [ 781 14. AB !I7066 - DRUG PARAPHERNALIA ORDINANCE. Following a brief introduction by the Police Chief, Ordinance No. 6066 was referred to the Planning Commission for report and recomendation on Section 2 of same. Library [ 281 15. AB #6288 - Supplement #l - APPOINTMENT TO SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. Council adopted the following Resolution: RESOLUTION NO. 6919, APPOINTING A MEMBER TO THE SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD; that member being Caroline Schindler. COUNCIL \\y *% %?$%? MEMBERS Z. tp Z. r Cas ler X Chick X Ku lch in xx Lewis X Cas ler X Chick xx Ku lch in X Lewis X Cas ler X Chick X Kulchin X Lewis xx ',I, MINUTES June 29, 1982 Page 6 Central Services [ 6 9 ] 16. AB $17038 - APPOINTMENT TO PARKS & RECREATION COMMI S S ION. Council adopted the following Resolution: RESOLUTION NO. 6892, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION COMMISSION; that member being James Popovich. [io31 17. AB $17061 - TRAFFIC SAFETY COMMISSION APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 6912, APPOINTING A MEMBER TO THE CARLSBAD TRAFFIC SAFETY COMMISSION; that member being Bill Harkins. [lo31 18. AB $17067 - TRAFFIC SAFETY COMMISSION APPOINTMENT. The matter was continued to the next meeting. City Clerk [ 941 19. AB $17068 - PARKING AUTHORITY APPOINTMENTS. Mayor Casler announced her intent to reappoint David Dunne and Richard Goodwin. [74] 20. MANAGEMENT COMPENSATION FOR FY 1982-83. The Assistant City Manager/Administration, distributed a copy of the Agenda Bill to Council for their consideration, and noted a maximum 7% increase was included . Council adopted the following Resolution: RESOLUTION NO. 6927, AMENDING RESOLUTION NO. 6231, BY THE AMENDMENT OF THE MANAGEMENT COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL FOR THE 1982-83 FISCAL YEAR. [97] 21. REQUEST TO CONSIDER A REIMBURSEMENT AGREEMENT FOR [451 PORTIONS OF TAMARACK AVENUE. The City Manager indicated the item was being continued to the meeting of July 27, 1982. OFF-AGENDA ITEM Palomar Transfer Station Council agreed to add the item of the Palomar Transfer Station Facility to the agenda for consideration. Mayor Casler gave a brief report on the issue, noting that the County would be closing the Transfer Station Facility. She indicated that Mr. De Jong, Coast Waste Management, has expressed the desire to lease the station, and would like to include with his application to the County a letter from the City indicating favorably upon his request. COUNCIL \$ 6% 3 %' % MEMBERS % %% ' Cas ler Lewis xx X Chick X Ku lch in X Cas ler Lewis xx X Chick X Kulchin X Cas ler xx Lewis X X Chick X Ku lch in ~ Cas ler xx Lewis X X Chick X Kulchin ‘,I* MINUTES June 29, 1982 Page 7 Council authorized Mayor Casler to write a letter to be included with Mr. De Jong’s application expressing approval of the proposed concept. The Assistant City Attorney, for clarification, indicated Council was not making a pre-comittment to approval of b the project. They were approving the concept. Salaries Council unanimously agreed to add to the agenda the items of Council appointed employee salaries, and Fire and Police interim salaries. CLOSED SESSION Council adjourned to a Closed Session at 8:16 P.M., for the purpose of discussing meet and confer. Council reconvened at 9:05 P.M., with four Council Members present. [74] Council adopted the following Resolution: RESOLUTION NO. 6923, ADOPTIJSG AN INTERIM SALARY PLAN FOR COUNCIL APPOINTED EMPLOYEES. Council adopted the following Resolution: RESOLUTION NO. 6936, APPROVING AN INTERIM SALARY PLAN FOR FIRE AND POLICE PERSONNEL. ADJOURNMENT By proper mot ion, the meeting was adjourned at 9:08 P.M. Respectfully Submitted, -x- ALETHA L. RAUTENKRANZ, City Clerk by Karen R. Stevens, Deputy City Clerk 7 v- COUNCIL \$ Sp6, %?$,%? MEMBERS 2. tp 2. Cas ler X Chick xx Ku lch in X Lewis X Cas ler X Chick X Ku lch in X Lewis xx Cas le r xx Lewis XI Ku lch in X Chick X