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Home My WebLink About1982-10-19; City Council; Minutes4 -r Y c MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO P.M. Date of Meeting: October 19, 1982 Place of Meetinq: Council Chambers CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:OO P.M. I ROLL CALL was taken by the City Clerk as follows: I 1 Present: Casler, Lewis, and Chick Absent: Kulchin and Anear Mayor Casler announced that Council Member Kulchin was representing the Transit District at a conference. INVOCATION was given by Dr. Barry Jones, Pastor of Carlsbad Union Church. PLEDGE OF ALLEGIANCE was led by Frank Mannen, Assistant City Manager/Administration. PRESENTATION: Mayor Casler read and presented a Resolution to Dr. Clarke Vollbrecht, Assistant Principal of Carlsbad High School honoring the High School's 25th Birthday. APPROVAL OF MINUTES: (by one motion) Minutes of the adjourned regular meeting held September 21, 1982, were approved as presented. Minutes of the regular meeting held October 5, 1982, were approved as presented. Minutes of the adjourned regular meeting held October 12, 1982, were approved as presented. CONSENT CALENDAR: Council Member Chick requested that Item #5 be removed from the Consent Calendar for discussion. Mayor Casler stated Mr. Ladwig of Rick Engineering had expressed approval of the conditions contained in Item #2. Council affirmed the-action of the Consent Calendar, wit:] the exception of Item #5, as follows: WAIVER OF DOCUMENT TEXT READING Council waived the reading of the text of all ordinances and resolutions at this meeting. (50) 1. AB #7179 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $571,382.69 for the period October 4, 1982 to October 15, 1982; payroll demands in the amount of $268,801.35 for the period September 27, 1982 to October 10, 1982; and housing demands in the amount of $2,943.50 for the period October 4, 1982 to October 15, 19 82. COUNCIL /\b 3 %' 8 MEMBERS % $% Casler X Chick xx Lewis X Casler X Chick xx Lewis X uu MINUTES (99) (79) (91) (107) (93) (45) (71) (45) October 19, 1982 Page 2 CONSENT CALENDAR (Continued) 2. AB # 7199 - Supplement #1 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 82-6/PUD-40 - KAMAR CONSTRUCTION CO. I RESOLUTION NO. 7033, approving with conditions tentative tract map (CT 82-6) and planned unit develop- ment (PUD-40) on property generally located on the north side of Park Drive bisecting the extension of Neblina Drive, was adopted. 3. AB #7099 - Supplement #1 - PUBLIC FACILITIES MANAGE- MENT SYSTEM (PFMS) - COUNCIL POLICY NUMBER 32. Council adopted Policy No. 32, establishing the Public Facilities Management System (PFMS). 4. AB #6079 - Supplement #8 - REVISING SCHOOL FEES IN THE ENCINITAS SCHOOL DISTRICT. RESOLUTION NO. 7034, amending Resolution 5999 revising the amount of fees to be required as a condition of approval for residential development within certain areas of the Encinitas Union School District, was adopted. 6. AB #7180 - STREET VACATION - PORTION OF OAK AVENUE. RESOLUTION NO. 7037, declaring intention to vacate a portion of Oak Avenue, and setting the matter 'to public hearing on November 2, 1982, was adopted. 7. AB #7152 - Supplement #1 - RECONSTRUCTION OF CARLSBAD BOULEVARD STORM DRAIN AT MAPLE - CONTRACT NO..1129. RESOLUTION NO. 7038, accepting bids arid abthorizing the execution of Contract No. 1129 for the recon- struction of Carlsbad Boulevard storm drain at Maple Street, was adopted. ITEMS REMOVED FROM CONSENT CALENDAR: 5. AB #7113 - Supplement #2 - DOWNTOWN PARKING LOT - CONTRACT NO. 1122. Council Member Chi.ck stated he had requested the item removed from the Consent Calendar in order to inform Council he. had .an .appoiament.nitkz Mr. Frank DeVore of SDG&E to discuss the undergrounding of the utilities. He therefore requested that the item be continued to the next meeting to allow time for the discussion on the utilities matter. Council continued the matter to the next regular meeting. I COUNCIL k\b 3 %' 3 MEMBERS % %% Casler xx Chick X Lewis X u-c MINUTES COUNCIL \\b 5 % %$ 2 October 19, 1982 Page 3 MEMBERS % %% ORDINANCES FOR ADOPTION: (57) 8. AB #7151 - Supplement #1 - GENERAL PLAN AMENDMENTS. (113) The following Ordinance was adopted: ORDINANCE NO. 9647, AMENDING ORDINANCE NO. 9570 AS AMENDED Casler OF RANCHO SANTA FE ROAD AND FUTURE MISSION ESTANCIA. MAPS ON PROPERTY GENERALLY LOCATED AT THE INTERSECTION MINOR ADMINISTRATIVE CHANGES TO THE MASTER PLAN TEXT AND X Chick VIEW THE LAND USE PLAN OF LA COSTA SOUTHEAST.AND TO MAKE xx Lewis BY ORDINANCE NO. 9628 AND MASTER PLAN (MP-149(E)) TO RE- X (113) 9. AB #7177 - ZONE CHANGE - ZC-236 - AGATEP CORPORATION. The following Ordinance was adopted: ORDINANCE NO. 9649, AMENDING T1TL;E 21 OF THE CARLSBAD Casler PALOMAR AIRPORT ROAD AND THE AT & SF RAILROAD. PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF X Chick CHANGE OF ZONE (ZC-263) FROM R-1-10,000 TO RDM (Q) ON xx Lewis MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A X (99) 10. AB #7164 - Supplement #2 - TENTATIVE MAP AND CONDO- MINIUM PERMIT - CT 82-15/CP-212 - DAON CORPORATION. The following Ordinance was adopted: ORDINANCE NO. 9648, AMENDING TITLE 21 OF THE CARLSBAD Casler DE LA VISTA, EAST OF ALICANTE ROAD. PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE X Chick CHANGE OF ZONE (ZC-262) FROM R-1-10,OOO TO RDM ON xx Lewis MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A X The following Resolution was adopted: RESOLUTION NO. 7039, APPROVING A 40 LOT/490 UNIT TENTATIVE Casler DE LA VISTA, EAST OF ALICANTE ROAD, X Chick PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE X Lewis TRACT MAP (CT 82-15) AND CONDOMINIUM PERMIT (CP-212) ON xx (114) 11. AB #7166 - Supplement #1 - AMENDMENT TO C-M ZONE (113) AND KOLL SPECIFIC PLAN.HEIGHT LIMITS - ZCA-148/SP-l80(B) - CARLSBAD RESEARCH CENTER. The following ordinances were adopted by one motion: X Chick ORDINANCE NO. 9645, AMENDING TITLE 21, CHAPTER 21.30 OF xx Lewis X Casler THE CARLSBAD MUNICIPAL.CODE BY THE AMENDMENT OF SECTION 21.30.030 TO REVISE THE HEIGHT LIMIT IN THE C-M ZONE. ORDINANCE NO. 9646, AMENDING A REVISED SPECIFIC PLAN (SP-180A) AS ADOPTED BY ORDINANCE NO. 9594 FOR AN INDUS- TRIAL AND RESEARCH PARK ON APPROXIMATELY 559 ACRES KNOWN AS :CARLSBAD RESEARCH CENTER GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL NORTH OF PALOMAR AIRPORT ROAD. Y" MINUTES COUNCIL /\k % 9&% 9 October 19, 1982 Page 4 MEMBERS % %% PUBLIC HEARINGS: (114) 12. AB #7181 - ZONE CODE-AMENDMENT - ADMINISTRATIVE VARIANCES - ZCA-134 (A) - CITY OF CARLSBAD. Mike Holzmiller, Land Use Planning Manager, gave a brief staff report on the matter as contained in the agenda bill, and responded to Council questions. Mayor Casler declared the public hearing open and extended the invitation to speak. Since no one wished to speak on the matter, Mayor Casler closed the public hearing at 6:20 p.m. The following ordinance was introduced: Cas ler X Lewis xx ORDINANCE NO. 9651, AMENDING TITLE 21, BY THE AMENDMENT Chick X OF CHAPTER 21.51, SECTION 21.51.020 TO EXPAND THE AUTHORITf OF THE LAND USE PLANNING MANAGER FOR APPROVING CERTAIN VARIANCES. (88) 13. AB #7167 - Supplement #1 - ADOPTION OF COUNTY HEALTH (24) AND SANITATION AND ANIMAL CONTROL CODE BY REFERENCE. The City Attorney gave a brief report on the matter and stated the material pertaining to hazardous waste had been eliminated from the ordinance at this time. Mayor Casler declared the public hearing open and extended the invitation to speak. Since no one wished to speak on the matter, Mayor Casler closed the public hearing at 6:24 p.m. The following ordinance was adopted: ORDINANCE NO. 5063, AMENDING TITLE 6, CHAPTER 6.02 OF THE Casler X CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN DIVISIONS OF Lewis x 'X TITLE 6 OF THE COUNTY CODE OF REGULATORY ORDINANCES DEAL- Chick X ING WITH HEALTH AND SANITATION BY REFERENCE AND AMENDING TITLE 7 CHAPTER 7.07 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN PROVISIONS OF THE COUNTY CODE OF REGULA- TORY ORDINANCES DEALING WITH ANIMAL CONTROL BY REFERENCE. DEPARTMENTAL AND CITY MANAGER REPORTS: Land Use Planning (113) 14. AB #7109 - Supplement #1 - ZONE CHANGE - NORTH SIDE OF LAGUNA DRIVE BETWEEN JEFFERSON STREET AND DAVIS AVENUE- ZC-259 - TRAYER. Mike Holzmiller, Land Use Planning Manager, gave the staff report on the matter with the aid of a transparency show- ing the location of the property. He explained the number of units which would be permitted on each lot under the RDM zone as contained in the applicant's letter dated August 25, 1982. He concluded by explaining the new staff recommendation as contained on the agenda bill. V" MINUTES (85) (92) (45) COUNCIL \\k 5 %?$,%? October 19, 1982 Page 5 MEMBERS Z. fi 2. Council recognized Zonia Richards, 2648 David Place, Carlsbad. Mrs. Richards expressed the feeling that the RDM zone would ultimately result in two-story structures on the property. She stated that a lower density would be appropriate for all five parcels rather than rezoning three parcels to RDM and leaving the two parcels as R-1. she requested that Council consider the R-2 zone for all five lots. Council recognized Mr. Brooks A. Worthing, 2525 Jefferson Street, #F, Carlsbad, representing the property owners. He explained the history of the matter since initial application for a zone change, and briefly explained the development proposed for parcels D and E. He asked Council to consider the General Plan and approve the requested zone change. Council recognized Mrs. Dorothy Munson, 1922 S. Ditmar, Oceanside. Mrs. Munson expressed the opinion that there were too many buildings and too much traffic in the area. She requested that the parcels remain R-1. In response to Council questions, Mr. Holzmiller stated that if lots C, D and E were developed separately under the RDM zone, they would hold a total of 4 units. If they.were developed together as one lot, the density would be a range of from a minimum of 5 units to a maximum of 10 units. He also indicated that total number of units would be 7 if the zoning were R-2. Council expressed the desire for a full Council to be Casler x present for final action on the matter, and continued the Lewis X item to the next regular meeting. Chick xx Research/Analysis 15. AB #7182 - APARTMENT INVENTORY. The Assistant City ManagerjAdministration, Frank Mannen, gave a staff report on the matter as contained in the agenda bill. In response to Council query, Gary Wayne of the Research/ Analysis Group, noted that SANDAG does not have this type of information available. Council approved the proposed work program as stated in Casler X the agenda bill to develop an apartment inventory and Lewis xx implement City Council Goal B-2-5. Chick X Utilities 16. AB #7158 - Supplement #l - TWENTIETH SUPPLEMENT TO BASIC AGREEMENT - ENCINA WATER POLLUTION CONTROL FACILITY. The Assistant City Manager/Administration, Frank Mannen, gave a brief staff report on the matter as contained in the agenda bill. The following resolution was adopted: RESOLUTION NO. 7040, AUTHORIZING EXECUTION OF THE TWEN- Casler xx TIETH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE FOR Lewis X VISTA SANITATION DISTRICT TO AMEND CONTRACT WITH BROWN ANC UPGRADING AND ENLARGEMENT OF EWPCF. CALDWELL RE STEP 3 ENGINEERING SERVICES FOR PHASE I11 X Chick MINUTES October 19, 1982 Page 6 I I (60) City Manager I 17. AB #7183 - HEALTH MAINTENANCE ORGANIZATION. I Frank Mannen, Assistant City Manager/Administration, gave a brief staff report on the matter as contai,ned in the agenda bill. Council recognized Mr. R. Bowditch, 1851 Campesino Place., Oceanside. Mr. Bowditch commented on the state of the economy today, and increased costs for health care. He expressed the opinion for the need of a health maintenanc organization in the Tri-City area to offer people a choice. :e The following Resolution was adopted: I RESOLUTION NO. 7041, ENCOURAGING THE LOCATION OF AN HMO FACILITY IN THE TRI-CITY AREA. City Clerk & (37) 18. AB #7184 - ADDING PROVISIONS FOR THE OFFICE OF MAYOR TO THE MUNICIPAL CODE. The City Clerk, Lee Rautenkranz, gave a brief report on the matter as contained in the agenda bill. The following ordinance was introduced: ORDINANCE NO. 1258, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 2.04.BY THE ADDITION OF SECTION 2.04.050, THE AMENDMENT OF CHAPTER 2.08, SECTION 2.08.010, AND BY THE ADDITION OF CHAPTER 2.06 TO ADD PROVISIONS PROVIDING FOR THE REORGANIZATION OF COUNCIL FOLLOWING ELECTIONS AND DETAILING RESPONSIBILI- TIES FOR THE OFFICE OF MAYOR. City Attorney (60) 19. AB #7185 - ADJUSTMENT, SETTLEMENT, AND DEFENSE OF WORKERS' COMPENSATION CLAIMS AGAINST CITY. The City Attorney gave a brief staff report on the matter as contained in the agenda bill. 1 In response to Council query, Mr. Mannen, Assistant City Manager, Administration, explained procedures for settling claims, and noted management's satisfaction with the legal firm who has been handling the matter. The following resolution was adopted: RESOLUTION NO. 7042, ESTABLISHING WORKERS' COMPENSATION CLAIMS SETTLEMENT AUTHORITY. Council directed the City Attorney to return with the workers compensation defense upon receipt of the proposal * appropriate documents retaining special counsel for from the firm currently employed. COUNCIL /\i$ 3 %J)\ 3 MEMBERS % %% Casler X Chick xx Lewis X Casler X Chick xx Lewis X Casler X Chick X Lewis xx Casler X Chick X Lewis xx i ~~ MINUTES October 19, 1982 Page 7 I I I (96) 20. AB #7173 - Supplement #1 - SIGN ORDINANCE- The City Attorney gave a staff report on the matter. He indicated the matter must first be heard by the Planning Commission, but suggested that Council discuss the matter and give appropriate direction on any specific areas they desire the Commission to consider. Council discussed Section-21.41.160, subsection (d), and suggested consideration be given to requiring the deposit of a flat fee ($100 or $150) as opposed to a per-sign fee. Council also discussed Section 21.41.130, and suggested that the Planning Commission should consider sign sizes, and whether different sizes should be allowed in the industrial and commercial zones versus the residential zones. Also discussed was the actual size of sign, and whether 5 feet or some larger size should be allowed in the residential zone. 1 I Council referred the proposed ordinance no. 8097 to the Planning Commission fox report and recommendation with instructions for the Planning Commission to consider the size of the signs and the fees to be charged, per their discussion. I COUNCIL REPORTS : I I Parks & Recreation Commission I Council Member Lewis reported on the recent meeting of the Parks & Recreation Commission. ADJOURNMENT: By proper motion, the meeting was adjourned at 7:45 P.M. Respectfully submitted, ?amT ALETHA L. RAUTENKRANZ City Clerk ?amT ALETHA L. RAUTENKRANZ City Clerk COUNCIL \\b 5 % %% ? MEMBERS % %% Cas ler xx Lewis X X Chick