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HomeMy WebLinkAbout1982-07-06; City Council; Minutes,d ' MINUTES MEETING OF: CITY COUNCIL (Regular Meetimg) DATE OF MEETING: July 6, 1982 TIME OF MEETING: 6:OO P.M. 6% PLACE OF MEETING: Council Chambers COUNCIL \\$ %9 "0 .*".,k A MEMBERS Z. 6 Z. CALL TO ORDER was made by Mayor Casler at 6:Ol P.M. ROLL CALL was taken by the City Clerk: Present - Casler, Lewis, and Kulchin. Absent - Chick. INVOCATION was given by Pastor Pauline Beauregard, Unity .. Church of Carlsbad. PLEDGE OF ALLEGIANCE was led by Mayor Cas ler. [37] AB $I6977 - Supplement #l - PROVISION FOR FILLING COUNCIL VACANCIES. Council adopted the following Ordinance: Cas ler xx Kulchin ORDINANCE NO. 1253, AMENDING TITLE 2, CHAPTER 2.04 OF X Lewis X 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 adopted the following Resolution: Lewis X Cas le r xx Kulchin RESOLUTION NO. 6939, APPOINTING GIRARD W. ANEAR TO THE X CITY COUNCIL. 1371 OATH OF OFFICE Aletha Rautenkranz, City Clerk, administered the Oath of Office to Girard W. Anear. APPROVAL OF MINUTES (Approved by one motion) Minutes of the Regular Meeting, held June 15, 1982, were Cas ler X approved as submitted. Lewis X Ku lch in xx Minutes of the Adjourned Regular Meeting, held June 22, Anear X 1982 were approved as submitted. Minutes of the Adjourned Regular Meeting, held June 29, 1982 were approved as submitted. CONSENT CALENDAR Council Member Lewis removed Item No. 2 from the Consent Calendar. Council affirmed the action of the Consent Calendar, with Cas ler X the exception of Item No. 2, as follows: Lewis X Kulchin xx Anear X WAIVER OF DOCUMENT TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. 1501 1. AB $17071 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $594,108.48 for the period June 18 to June 25 , 1982; Payroll demands in the amount of $178,570.59 for the period June 7 to June 20, 1982; and Housing demands in the amount of $50,987.49, for the period June 18 to June 25, 1982. .v MINUTES July 6, 1982 Page 2 I [99] 3. AB $15088 - Supplement $19 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT.77-2 UNIT NO. 2 - WOODRIDGE. Council accepted the public improvements, directed the Utilities/Maintenance Departments to commence maintaining improvements, and authorized the City Clerk to release t improvement bonds in accordance with- City policies. gg] 4. AB #6275 - Supplement $3 - ACCEPTANCE OF PUBLIC IMPROVEMENTS ALONG AVENIDA ENCINAS - CT 80-15(A) - CARLSBAD COMMERCIAL CENTER. Council accepted the public improvements, authorized the City Clerk to release subdivision improvement bonds, and directed the Utilities/Maintenance Departments to commence maintaining Avenida Encinas . [gg] 5. AB $16318 - Supplement $15 - ACCEPTANCE OF PUBLIC # Council accepted the public improvements, authorized the City Clerk to release bonds, and directed the Maintenance Director to maintain public streets. I [99] 6. AB $12144 - Supplement 118 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 73-18, UNIT NO. 3 - RANCHO PONDEROSA. I Council accepted the public improvements, authorized Staff to release bonds, directed Utilities/Maintenance to commence maintenance of public improvements, and authorized the Finance Director to process the closeout refund. I [811 7. AB $17072 - ACCEPTANCE OF A PORTION OF TAMARACK AVENUE. I I Council adopted the following Resolution: RESOLUTION NO. 6925, ACCEPTING A GRANT DEED FROM PATRICK CARR FEARN AND JONATHAN CRAIG FEARN FOR AN EASEMENT FOR ROAD PURPOSES. [1131 8. AB $17051 - Supplement fl - AMENDMENT TO PRECISE DEVELOPMENT PLAN FOR THE EXPANSION OF THE ENCINA TREATMENT PLANT - PDP-1 (A) . I Council adopted the following Resolution: 't RESOLUTION NO. 6926, APPROVING AN AMENDMENT TO A PRECISE DEVELOPMENT PLAN FOR THE EXPANSION OF THE ENCINA WATER POLLUTION CONTROL FACILITIES (PHASE III-A) GENERALLY LOCATED AT 6200 AVENIDA ENCINAS. [gg] 9. AB #6729 - Supplement $12 - FINAL MAP FOR CARLSBAD TRACT 81-25. I Council approved the Final Map of Carlsbad Tract 81-25. I [51] 10. AB $17080 - ACCEPTANCE OF MONEY GIFT FROM MR. & MRS. HOWARD CLOUD FOR PARAMEDIC TRUST FUND. I Council adopted the following Resolution: RESOLUTION NO. 6937, ACCEPTING A GIFT OF MONEY FOR THE PARAMEDIC TRUST FUND. c COUNCIL \\$ s36, % %$ % MEMBERS % %% f , MINUTES July 6, 1982 Page 3 ITEM REMOVED FROM CONSENT CALENDAR: [gg] 2. AB 16075 - Supplement #3 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 79-14 - BIRTCHER BUSINESS CENTER. + Council Member Lewis indicated he had requested the item removed from the Consent Calendar in order to obtain clarification on the equestrian trail. He referenced 1 Exhibit C of the Agenda Bill, and questioned whether, in fact, the equestrian trail had previously been removed by Counc i 1. In response, Staff indicated equestrian trails had been removed from another project, but not from this particular project. It was noted that this particular matter only dealt with accepting public improvements, and the matter of the equestrian trail may come back to Council at a later date. 3 Council accepted the public improvements, authorized the City Clerk to release bonds, and directed the Utilities/ Maintenance Departments to commence maintaining streets. ORDINANCES FOR INTRODUCTION: [85] 11. AB $17049-81 AND $17050-$11 - ENVIRONMENTAL IMPACT [991 REPORT, PREANNEXATIONAL ZONE CHANGE, PLANNED UNIT DEVELOPMENT, AND TENTATIVE TRACT MAP - EIR 81-7/ZC-245/CT 81-48/PUD-36 - WOODWARD. Council Member Anear questioned the possibility of deignating the streets as semi-public streets rather than private streets, in order to allow police enforcement of the no-parking restrictions. He also questioned the possibility of including the wording which would allow the City to maintain the drainage basins if the developer does not, and subsequently place a lien on the property. In response, Staff indicated there is no such thing as a semi- public street; streets are either private or public. Further, enforcement could be accomplished similar to other areas in the City which had difficulties. Staff also indicated that the issue of maintaining the siltation basins was part of the PUD ordinance, and would apply to all PUD's, including this one. I Council certified that EIR 81-7 is in compliance with CEQA and Title 19 of the Carlsbad Municipal Code. 1 Council introduced the following Ordinance: ORDINANCE NO. 9633, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PREANNEXATIONAL ZONE CHANGE (ZC-245) FROM A-1-(8) (COUNTY) TO R-1 (CITY) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERRA MORENA. Council adopted the following Resolution: RESOLUTION NO. 6928, APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 81-48) AND PLANNED UNIT DEVELOPMENT (PUD-36) ON 120.7 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERRA MORENA. COUNCIL \\$ @% % ?&? MEMBERS 2. 8 2. Cas ler X Anear X Kulchin xx Lewis X \ Cas ler X Anear xx Kulchin X Lewis X Cas ler X Lewis X Kulchin xx Anear X Cas ler X Anear xx Ku lch in X Lewis X -. - MINUTES July 6, 1982 Page 4 [gg] 12. AB i17048 - Supplement 411 - ZONE CHANGE, TENTATIVE MAP AND MOBILE HOME PARK PERMIT - ZC-245/CT 81-37/MHP 81-1 - ANDERSON. I t Council Member Lewis reiterated his comments regarding approval of the zone change, and the concept, but indicated he would vote in opposition to the project because of the hazardous entrance to the area. Council adopted the following Resolution: RESOLUTION NO. 6929, APPROVING A TENTATIVE TRACT MA.€' (CT 81-37) AND MOBILEHOME PARK PERMIT (MHP 81-11 FOR 20 UNITS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, 600 FEET EAST OF THE COUNTRY STORE. I Council introduced the following Ordinance: ORDINANCE NO. 9632, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-247) FROM R-A-10,000 TO MP (MOBILEHOME PARK ZONE) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, 600 FEET EAST OF THE COUNTRY STORE. I PUBLIC HEARINGS I [64] 13. AB #7030 - Supplement #l - STREET LIGHTING DISTRICT NO. 1. I I The Utilities Director, Roger Greer, gave a brief staff report explaining all previous activities on the matter. Mr. John Harper, Assessment Counsel, briefly explained. the process to be followed on the matter after the public hearing. In response to Council query, he explained future actions which could result, should the district be continued or discontinued. Mayor Casler declared the public hearing open at 6:37 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. Council adopted the following Resolution: t RESOLUTION NO. 6930, ORDERING CERTAIN IMPROVEMENTS AND THE FORMATION OF STREET LIGHTING AND LAND- SCAPING DISTRICT CONSOLIDATING AN EXISTING DISTRICT THEREWITH, CONFORMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR ASSESSMENT LEVY, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA. [99] 14. AB $17073 - ENVIRONMENTAL IMPACT REPORT, SPECIFIC [851 PLAN, PREANNEXATIONAL ZONE CHANGE, AND TENTATIVE MAP, EIR 81-6/ SP-181/ZC-250/CT 81-46 - SIGNAL LANDMARK. , Michael Holzmiller of the Planning Department gave a staff report on the matter, with the aid of a transparency showing the location of the property, and a wall exhibit showing a land use plan of the proposed project. He continued with the report, referencing a wall exhibit showing the tentative map, and a map displaying circulation through the project. COUNCIL \\$ S% 3 %' % MEMBERS % %% f ~ ~ Cas ler xx Kulchin Lewis X X Anear ~ Cas ler Lewis X X Anear xx Kulchin X Cas ler Lewis X xx Anear X Ku lchin X ~ I July 6, 1982 MINUTES Page 5 r Mayor Casler referenced part 2, page 6 of the EIR, and questioned responses under the CAL TRANS section, dealing with the interchange to Cannon Road. In response, the consultant indicated that Palomar Airport Road would not be able to hold all of the traffic generated by the project. Therefore, as displayed on the to Palmer Way, then west through Macario Canyon to Cannon Road, and from there to Interstate 5. I circulation element, the road would go through the project Mayor Casler opened the public hearing at 6:55 P.M., and extended the invitation to speak. Mr. Bob Ladwig, Rick Engineering, speaking on behalf of the owners, expressed agreement with the staff recommendations, and explained many benefits to be realized by the City as a result of the development of this project . Since no one else wished to speak on the matter, Mayor Casler closed the public hearing at 7:OO P.M. Council Member Anear referenced pages 9 and 99 of the EIR, and indicated one page indicates Carlsbad will provide water, and the other indicates CRMWD will provide water. The consultant responded by indicating that it should read that CRMWD will provide water. Council Member Anear also questioned the reference to the Koll Water Reclamation Plant, and noted that current plans did not require the plant to be built. Staff indicated that the City is currently requiring Koll to reserve the area for a future water reclamation plant. Therefore, if the plant would be built in the future, this project would connect with that reclamation plant. Therefore, the reference was appropriate in the EIR. Council certified EIR 81-6 as being in compliance with CEQA and Title 19 of the Carlsbad Municipal Code. Council directed the City Attorey to prepare the necessary documents approving SP-181, ZC-250, and CT 81-46. 1 OFF-AGENDA ITEM I Mayor Casler indicated that members of the Rancho Carrillo Homeowners Association had submitted a request to speak to Council at this meeting; however, the request appeared too late for the agenda. She further indicated that she had informed the residents that if they were present at the meeting at 7:OO P.M., they would attempt to bring the matter up as an off-agenda item. She requested Council consideration for hearing the matter as an off-agenda item. Council unanimously agreed to take the matter up as an off-agenda item. - COUNCIL \\p *% ?$ 3% % MEMBERS % $% 1 Cas ler X Lewis X X Anear xx Kulchin Cas ler X Lewis X Ku lch in xx Anear X Cas ler X Lewis X X Anear xx Ku lchin -. MINUTES 1861 July 6, 1982 Page 6 I Rancho Carrillo Homeowners vs. T.E.R.I. Council recognized Mr. Steve Walsh, 6437 Cayenne Lane, Carlsbad, President of the Rancho Carrillo Homeowners Association. Mr. Walsh briefly expressed concern about the T.E.R.I. Organization moving into the area, and indicated other members of the Association would like to make coments to Council. Council recognized Mr. Gary Page, Flamenco Street, Carlsbad. Mr. Page indicated he was speaking on behalf of the Homeowners Association. He explained that T.E.R.I. has applied for a permit to care for six severly retarded adults at 6433 Flamenco Street. He expressed the opinion that the site is not adequately equipped for such a task, due to inadequate recreation space, and traffic hazards. He indicated there is currently another institution operating on Abedul Street, and suggested an impact study be prepared and submitted to local and State boards in opposition to the location of this facility. Council recognized Jeannie Mash, 6428 Flamenco Street, Carlsbad, who expressed a feeling of empathy and sympathy with T.E.R.I., but reiterated the concerns that there is not enough open space for the operation. Mayor Casler indicated that the City Attorney had previously been requested to research this matter, and that he would report at this time on the matter. The City Attorney referenced his memo dated July 2, 1982 to the Mayor and City Council, and read exerpts therefrom, which indicate that the matter is not subject to regulation by the City. He stated that the State Law requires each City to permit and encourage development of such residential care facilities. He indicated that the licensing function is operated by the State Department of Social Services, and that would be the proper agency to contact. He further indicated that State Law indicates consideration of over-burdening an area, if there is a similar facility within 300 feet or less, but the facility on Abedul was a greater distance. Council recognized Mr. Will Hall, 7217 San Miguel, Carlsbad. Mr. Hall indicated he has a son 27 years old who resides in a similar type of residential center. He explained the activities of the facility, and improvement of his son as a result. Council recognized Cheryl Crouse, 3510 Catalina Drive, . Carlsbad, Executive Director of T.E.R.I., Inc. She commented on the activities of the centers, and purpose for same. In response to Council question, she indicated that she was unaware of any resident of such a facility causing problems or being considered dangerous. Council recognized Pat Barton, 9476 Goodwick Court, Oceanside. Mrs. Barton indicated she has a child living at Moreno House in Oceanside. She expressed appreciation to the T.E.R.I. association, and indicated a need to educate the public about such children. COUNCIL \\i 5 %9 /a $@SF A MEMBERS 2. 6 2. " MINUTES [1131 [851 July 6, 1982 Page 7 -~ - Council recognized Mr. Ed LaVigueur, 6435 Flamenco Street, Carlsbad. Mr. LaVigueur indicated that on June 10, he found one of the individuals roaming in his backyard near his pool. He also referenced a newspaper article about such an individual who had broken into a home. He expressed the opinion that the people supervising the individuals are not providing appropriate nor adequate supervision. Mayor Casler closed the matter to public testimony. I Following brief discussion, Council noted acceptance of the information, and recommended that any objections be made to the State Department of Social Services. They also requested that the Fire and Building Departments insure the necessary inspections are made as required. No further action was taken. RECESS Mayor Casler called a recess at 7:48 P.M., and Council reconvened at 7:58 P.M., with four Council Members present . 15. AB f7074 - ENVIRONMENTAL IMPACT REPORT AND PREANNEXATIONAZ, ZONE CHANGE - EIR 81-8/ZC-244 - SEABLUFF. Michael Holzmiller of the Planning Department gave a staff report on the matter as contained in the Agenda Bill. Council Member Anear referenced the EIR, and indicated it should include Scripps Encinitas Hospital. He also indicated that the traffic count was based on eight trips per day, and expressed the opinion that the factor of ten trip? per day should have been used. In response to Council query, the consultant indicated the project would go through future site specific environmental review. Mayor Casler declared the public hearing open at 8:06 P.M., and extended the invitation to speak. Mr. Terry Hackett, 4041 MacArthur Blvd., f210, Newport Beach, addressed Council, representing the applicant. Mr. Hackett explained the processes followed and agreements reached with the Coastal Commission since the property was not yet annexed into the City of Carlsbad. He indicated they are not proposing a definite project as yet, but had prepared a display presented to them in order to show that the mixed use, as agreed upon with the Coastal Commission, could actually be developed on the site. He urged Council approval of the EIR and zone change. Mr. Will Hall, 7217 San Miguel, Carlsbad, President of the Lakeshore Gardens Mobilehome Association, addressed Council. Mr. Hall indicated that Lakeshore Gardens was ajoining the proposed development, and he expressed concern about possible traffic problems. He suggested that Avenida Encinas be widened to accomodate the traffic, and that all such safety items be fully addressed. In response, Mr. Hackett expressed agreement with the comments, and indicated-that those concerns would be met during the map process. COUNCIL \\v %Ti %y$%T MEMBERS % tp Z. MINUTES July 6, 1982 Page 8 I Mr. Mike Werner, 411 Tamarack Avenue,.Carlsbad, addressed Council. Mr. Werner expressed opposition to the project because it would increase the population of the City and hurt the wildlife in the area. t Since no. one else wished to testify, Mayor Casler closed the public hearing at 8:18 P.M. Council certified EIR 81-8 as being prepared in compliance with CEQA and Title 19 of the Carlsbad Municipal Code. Council directed the City Attorney to prepare documents approving ZC-244 per Planning Commission Resolution No. 1971. E1141 16. AB f7075 - ZONE CODE AMENDMENT AND ZONE CHANGE - ill31 VILLAGE REDEVELOPMENT AREA - ZCA-14O/ZC-257. Marty Orenyak, Building and Planning Director, gave a brief introduction of the matter. Michael Holzmiller of the Planning Department continued with the staff report as outlined in the Agenda Bill. Chris Salomone, Community Development Manager, reported further by referencing the Village Design Manual. He commented on the proposed Design Review Board, as contained in Item No. 3 on the Agenda Bill, and indicated the Housing and Redevelopment Advisory Committee was now recommending that the Board be comprised of two representatives from the Planning Commission, two representatives from the Advisory Committee, and one representative at large. He also indicated that Mr. Roy Ward had expressed his support for the composition of the Board as proposed in the Agenda Bill. Mayor Casler referenced page 5 of the Design Review Manual, and questioned whether, in fact, building heights could exceed 35 feet. I In response, Michael Holzmiller reported that an application had been received for a project which would exceed the 35 foot height limit. He also indicated that as a result of that application, the Advisory Committee had requested a study by a consultant on whether the height limit should be exceeded in the Redevelopment Area, and if so, what particular areas would be appropriate. As a further clarification, the City Attorney indicated that the Redevelopment Manual, as prepared, would allow high-rise type development. He also explained, in response to Council query, how the Design Review Board would act as the Planning Commission for certain matters, in an attempt to meet policy constraints and try for one-track processing. Mayor Casler opened the public hearing at 8:38 P.M., and extended the invitation to speak. " COUNCIL \\p *% % ?k' % MEMBERS % %% f Cas ler Kulchin 1 xx Lewis XI X Anear X Cas ler X Lewis xx Ku lch in X Anear X -r - I MINUTES July 6, 1982 Page 9 I Mr. John McCoy, 390 Oak Avenue, Carlsbad, addressed Council. Mr. McCoy indicated he is a member of the Housing and Redevelopment Advisory Committee, and as a point of clarification, noted that their recornendation to Council had always been to appoint two members of the Planning Commission, two members of the Housing and Redevelopment Advisory Committee, and one member at large I to the Design Review Board. Mrs. Frankie Gene Runzo, 355 Elm Avenue, Carlsbad, addressed Council. Mrs. Runzo indicated she was a former member of the Housing and Redevelopment Advisory Committee. She referenced the Design Manual, page 5, and indicated that during its' preparation the intent had been to allow for possible spires, and not really tower development . Since no one else wished to speak on the matte'r, Mayor Cas ler closed the pulic hearing at 8:42 P.M. Council discussed the various compositions proposed for the Design Review Board, and indicated a desire to appoint three members of the Planning Commission, and two members of the Housing and Redevelopment Advisory Committee. It was further noted that Council would like to receive a report on the matter in six months, in the event a different composition would work better. Council agreed to modify the Design Review Manual on page 5, last paragraph, by deleting all the words following, "shall not exceed 35 feet .I1 Council approved the Village Design Manual as modified. Council directed the City Attorney to prepare documents approving ZCA-140 and ZC-257. :I141 17. AB #7076 - AMENDMENT OF ZONING ORDINANCE - SENIOR CITIZEN HOUSING - ZCA-142. Michael Holzmiller of the Planning Department gave a staff report on the matter. Council Member Lewis questioned whether a limit on the ) number of years was contained within the document. In response, the City Attorney indicated that Council would set that limit at the time of the hearing on each individual project. Council Member Anear expressed the opinion that parking is not adequate. He suggested that the ratio be 1 to 2, rather than 1 to 4. Mayor Casler declared the public hearing open at 9:03 P.M., and extended the invitation to speak. Mr. Howard Sweatte, 2453 Chestnut, San Diego, addressed Council. He suggested that the developer have flexibility on the parking Issue, depending on the target market. COUNCIL \\$ S% % y?x~ MEMBERS $ 6 Z. , I i Cas ler X Anear X Kulchin X Lewis xx Cas ler X Lewis X Kulchin xx Anear X Cas ler X Lewis X Kulchin X Anear xx MINUTES July 6, 1982 Page 10 I Since no one else wished to address Council, Mayor Casler closed the public hearing at 9:05 P.M. I I Council directed the City Attorney to prepare documents approving ZCA-142, to include the Senior Citizen Housing Ordinance in all the multi-family zones. t [lo81 18. AB $17084 - V-336 - RAYMOND - APPEAL OF A PLANNING COMMISSION DENIAL OF A VARIANCE. I Staff indicated the appellant was not present, and Council continued the matter to the meeting of July 20, 1982, to insure proper not if icat ion of the appellant. [281 HOUSING AND REDEVELOPMENT COMMISSION: [811 Council adjourned at 9:lO P.M. to the Housing and Redevelopment Commission, and reconvened at 9:35 P.M., with four members present. [ 74 1 OFF-AGENDA ITEM Mayor Casler requested that Council consider hearing Mr. Kelly Irving, who had submitted a letter to address Council within the appropriate time constraints. [ [ -r Council agreed to add the matter to the agenda for considerat ion. Mr. Kelly Irving, 2625 Davis Avenue, Carlsbad, addressed Council. Mr. Irving referred to his previous association with the Carlsbad Miscellaneous Employees, and the Employees' continual concern about adequate insurance coverage. He commented on previous surveys of the employees, and the responses about the Crown Life Insurance carrier. He commented on his previous proposal, and the resulting establishment of a 12 member committee to study the insurance. He expressed the opinion that management had sabatoged the efforts of the committee, and stopped employees from receiving additional benefits which would have been available earlier. He concluded by indicating that there is currently a program being proposed by management that would negate their previous committment to the miscellaneous employees, and would reduce their insurance benefits. He urged insurance issue. Mayor Casler indicated that no action would be taken currently, but 'the information would be considered when they discussed the insurance issue at the next meeting. DEPARTMENTAL AND CITY MANAGER REPORTS Engineering I Council to consider all the facts when considering the 991 19. AB $17078 - A.T. & S.F. RAILWAY PIPELINE LICENSE FOR 451 CARLSBAD TRACT 74-22. Richard Allen, Cit Fngineer gave a brief staff report on the matter, as conealned In the Agenda BI 1. - COUNCIL \\$ *% %?$%? MEMBERS Z. 6 Z. Cas ler Anear xx Ku lchin X Lewis X I I I Cas ler X Anear xx Kulchin X Lewis X I, MINUTES COUNCIL \\y 5 %9$%? July 6, 1982 Page 11 MEMBERS Z. (I, Z. Council adopted the following Resolutions: X Anear THE CITY AND CARLSBAD COMMERCIAL CENTER AND xx Kulchin WSOLUTION NO. 6931, APPROVING AN AGREEMENT BETWEEN X Lewis X Cas ler AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. RESOLUTION NO. 6932, APPROVING A PIPELINE LICENSE AGREEMENT WITH THE AT&SF RAILWAY COMPANY AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. Building and Planning [71] 20. AB $17077 - APPROVAL OF SUPPLEMENTAL LEASE WITH SANTA 145 1 FE RAILWAY COMPANY. Council recognized Frankie Gene Runzo, 355 Elm Avenue, Carlsbad, who expressed support of the project. She indicated the desire to see landscaping, but urged that it be low and limited to deter hiding in same. She also urged that a sign be placed on Elm Avenue indicating the availability of free parking. In response to Council query, Chris Salomone, Community Development Manager, indicated that money has been put aside into streetscaping which could be used for the project, or future block grant applications could be used. Council approved the supplemental lease agreement with Cas ler X Santa Fe Railway Company for land in the downtown area Lewis X to be used as a public parking lot. Ku lch in xx Anear X City Attorney ~1141 21. AB 417034 - Supplement $12 - PLANNED DEVELOPMENT ORDINANCE - ZCA-132. The City Attorney referenced page 10 of the ordinance, "Storage shall not be required if the Planning Commission. line 3, and indicated that the paragraph should begin, ~ . . . etc. Council introduced the following Ordinance: Cas ler X Lewis X ORDINANCE NO. 9631, AMENDING TITLE 21 OF THE Kul-chin xx CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER Anear 21.45 AND THE DELETION OF CHAPTER 21.47 REVISING THE PROVISIONS FOR PLANNED UNIT DEVELOPMENTS AND CONDOMINIUMS AND CONDOMINIUM CONVERSIONS. II [41] 22. AB f7081 - AUTHORIZATION OF THE FILING OF A DISCLAIMER IN THE CASE OF FALLBROOK SANITARY DISTRICT ,V. JOSEPH0 ET AL. As clarification, the City Attorney indicated that the disclaimer should be for parcels 14, 15, and 12. Council authorized the City Attorney to file a disclaimer Cas ler X in the eminent domain action, Fallbrook Sanitary District xx Ku lch in V. Joseph0 et al. X Lewis Anear X .I MINUTES July 6, 1982 Page 12 [741 23. AB #7082 - COMPENSATION FOR CITY ATTORNEY AND CITY MANAGER 1982-83 FISCAL YEAR. I Council adopted the following Resolution: + RESOLUTION NO. 6924, ADOPTING A COMPENSATION PLAN FOR COUNCIL APPOINTED OFFICIALS FOR THE 1982-83 I FI SCAL YEAR. I City Manager ~681 24. AB f7083 - SANDAG AUDITOR. [451 Council adopted the following Resolution: RESOLUTION NO. 6938, APPROVING THE FIFTH AMENDMENT TO THE JOINT POWERS AGREEMENT - SAN DIEGO ASSOCIATION OF GOVERNMENTS. I City Clerk/Central Services [48] 25. AB f7079 - SPECIAL MUNICIPAL ELECTION - November 2, 1982. I Council adopted the following Resolutions: RESOLUTION NO. 6933, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED FOR THE ELECTORATE AND COSTS THERE0 F . RESOLUTION NO. 6934, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982 FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON SAID DATE. RESOLUTION NO. 6935, REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT THE ELECTION OF THE CITY OF CARLSBAD ON TUESDAY, NOVEMBER 2, 1982, AND TO CONSOLIDATE THAT ELECTION WITH STATEWIDE ELECTION TO BE HELD ON THE SAME DAY. [37] 26. AB f7003 - Supplement #3 - SOUND SYSTEM FOR COUNCIL CHAMBERS. 6 Council Member Anear expressed the opinion that the current system is adequate and that the money could be better utilized in other areas of the City. I Council authorized Staff to proceed with the competitive negotiation process for the purchase and installation of a sound system for the Council Chambers. I [941 27. AB 87068 - PARKING AUTHORITY APPOINTMENTS. Council adopted the following Resolution: I RESOLUTION NO. 6921, APPOINTING A MEMBER TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD; that member being David M. Dunne. - COUNCIL \\y S% 3 %% % MEMBERS % %% f Cas ler X Anear xx Ku lch in X Lewis X Cas ler X Anear xx Ku lch in x Lewis X i Cas ler Anear X Kulchin xx Lewis X x~ i Cas ler Anear xx Kulchin X Lewis X Cas ler X' Anear X Ku lch in X Lewis xx 1 "/ a MINUTES July 6, 1982 Page 13 Council adopted the following Resolution: RESOLUTION NO. 6922, APPOINTING A MEMBER TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD; that member being Richard Goodwin. 1031 28. AB f7067 - TRAFFIC SAFETY COMMISSION APPOINTMENT. Mayor Casler indicated that she had learned that Mr. Wes Terry had left the area until September, and would be unable to serve on the Commission during his absence. Council adopted the following Resolution: RESOLUTION NO. 6920, APPOINTING A MEMBER TO THE CARLSBAD TRAFFIC SAFETY COMMISSION; that member being Robert Wood. CITY COUNCIL ADDITIONAL BUSINESS: Library Board of Trustees I Council Member Lewis reported on the luncheon with the new Library Director. Parks and Recreation Council Member Lewis reported on the presentation before the Parks and Recreation Commission regarding windsurfing on the lagoon, and indicated it would be coming before Council in the near future. Mayor Casler requested that Council Member Anear continue to serve on the Water Reclamation Committees until such time as other appointments are made. It was also noted that Council Member Chick had been asked to act as the liaison with the Housing and Redevelopment Advisory Committee. Senior Citizens Association Mayor Casler reported that the Executive Director of the Senior Citizens Association selects the senior of the month, and a Board is not involved. SANDAG Mayor Casler reported on a recent meeting of SANDAG, referencing the possibility of a Corps of Engineers study, 1 and the desire of City participation with funding. It was requested that the City Manager contact SWAG for additional information and return to Council at a later date with a Resolution on the matter. Mayor Casler reported that John McKaig is celebrating his 35th year in business next Saturday, and extended the invitation for Council Members to visit the business sometime between the hours of 9 and 5 on that day. She also indicated that she had requested a plaque be made to be placed in the Council Chambers in recognition of the seal which was made and donated by John McKaig. COUNCIL \\k 5 % ?$%? MEMBERS .;t. tp Z. Cas ler X Anear X Ku lchin X Lewis xx Cas ler X Anear X Ku lch in X Lewis xx ,, IC- ,.. MINUTES I [1101 July 6, 1982 Page 14 ~~~ ~~ ~ ~ ~~ ~~~ OFF-AGENDA ITEM The City Manager requested that Council consider taking the issue of the rate increase by Costa Real Municipal Water District as an off-agenda item for action, Council unanimously agreed to consider the matter as an off-agenda item. The City Manager distributed a packet of information containing CRMWD rate documents, and requested Council authorization for Mayor Casler to attend the public hearing by the Board on July 7, 1982, to make a statement, a copy of which was enclosed in the documents. Council authorized Mayor Casler to attend the hearing of Costa Real Municipal Water District to be held July 7, 1982 to make a statement as presented. CITY ATTORNEY ADDITIONAL BUSINESS The City Attorney indicated that the City of Long Beach was requesting cities to participate on a no cost basis in a case that the Supreme Court, which deals with .the right of a City to sue someone for malicious prosecution. He indicated if Council expressed no objection, he would participate on a no-cost basis. CLOSED SESSION Council convened to a Closed Session at 10:22 P.M., and Mayor Casler indicated that litigation and meet and confer matters would be discussed. Council reconvened at 11:40 P.M., with four Council Members present. Mayor Casler indicated litigation had been discussed, and instructions had been given on meet and confer, and no action had been taken. ADJOURNMENT By proper motion the meeting was adjourned at 11:40 P.M., to Tuesday, July 13, 1982, at 6:OO P.M. in the City Council Chambers. Respectfully Submitted, age ALETHA L. RAUTENKRANZ 0 City Clerk AR: aa - 1 COUNCIL \\$ +% % ?$%$ MEMBERS Z. tp Z. I Cas ler X Anear xx Kulchin X Lewis XI Cas ler xx Anear X Kulchin X Lewis X 1