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HomeMy WebLinkAbout1982-11-02; City Council; MinutesMINUTES ( Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6 :00 P.M. Date of Meeting: November 2, 1982 Place of Meeting: Council Chambers I CALL TO ORDER: I The meeting was called to order by Mayor Casler at 6:OOpm.l ROLL CALL was taken by the City Clerk as follows: Present: Casler, Lewis, Kulchin, Chick and Anear Absent : None INVOCATION was given by Father Douglas Woodridge of the St. Michael's Episcopal Church. PRESENTATIONS : Mayor Casler introduced three District Officers from Malaysia and indicated they would be spending a month studying the operation of the City of Carlsbad. Community Development Manager, Chris Salamone, presented tee-shirts which will be word at the city's booth at the fall faire to the City Council members and the District Officers from Malaysia, OFF AGENDA ITEM: Mayor Casler noted a request had been received for a presentation to'be made to Council regarding the bullet train, and questioned whether any council member objected the matter being added to the agenda. Council agreed to add the bullet train presentation to the agenda. 1104) Bullet Train Mr. Robert Bondi of the United Citizens Coastal Protectix League, addressed Council. Mr. Bondi stated the League did not oppose rapid transit, but did oppose AB 3647, which was the bullet train, He explained the makeup and operation of the commission which would be created as a result of the legislation, and expressed concern about same. re with the aid of a transparency, Mr. Bondi explained the proposed route and elevations of the proposed train. He expressed concern that problems would arise from noise and vibrations, and questioned the projected construction and operation costs of the proposed train. He suggested that the matter should have a full and complete study and evaluation, and possibly a vote of the people before such a matter is approved. In response to Council query, Mr. Bondi stated that the bill had been signed into law by the governor, and he requested that Council sign a resolution requesting further consideration of the matter. 'Mayor Casler stated the material would be furnished to Council for consideration and the matter would be returned for Council consideration. COUNCIL /\i& 3 9/-' ? MEMBERS % %% Casler Lewis xx X Anear X Chick X Kulchin X MINUTES (50) (71) (45) (70) (45) (99) (71) (45) (74) (29) \b 5 COUNCIL ?$ % A November 2, 1982 Page 2 MEMBERS % oq APPROVAL OF MINUTES: Minutes of the regular meeting held October 19, 1982, were Casler approved as presented. Lewis Kulchin Chick Anear CONSENT CALENDAR: Mayor Casler stated that the City Attorney suggested the removal of Item #7 from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item #7, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AB #7186 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the city in the amount of $647,472.61, for the period October 15, 1982 to October 22, 1982; payroll demands in the amount of $274,065.62, for the period October 11, 1982 to October 24 1982; and housing demands in the amount of $798.46 for the period October 15, 1982 to October 22, 1982. 2. AB it7187 - AT&SF PARKING LOT - CONTRACT NO, 1124, RESOLUTION NO. 7043, approving the plans and specifi- cations and authorizing the City Clerk to invite bids for the construction of parking lot between Elm and Oak Avenue at A.T. & S.F., was adopted. 3. AB #7188 - EXTERIOR PAINTING OF HARDING COMMUNITY CENTER - CONTRACT NO. 1132. RESOLUTION NO. 7044, approving specifications and autherizing the City Clerk to invite bids for the Harding Community Center's exterior repainting, was adopted. 4.. AB #3785 - Supplement #3 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 75-2 - UNIT #2 - CARLSBAD &ADOWS. Council accepted the improvements, authorized the City Clerk to release bonds, and directed the Utilities and Maintenance Departments to commence maintaining the public improvements associated with the subdivision. X X xx Casler Lewis Kulchin Chick Anear 5. AB #7113 - Supplement #2 - AWARD OF CONTRACT FOR DOWNTWON PARKING LOT - CONTRACT NO. 1122. r X X X X X X II ~ RESOLUTION NO. 7035, accepting bids and authorizing the execution of Contract No. 1122 for improvement of downtown parking lot, was adopted. 6. AB #7168 - Supplement #1 - AMENDMENT TO FIRE DEPARTMEN? SUPPRESSION PERSONNEL BUDGET. RESOLUTION NO. 7045, amending the Fire Department's budget, was adopted. X X MINUTES (81) (40) (45) (96) (32) (25) (25) (25) (50) (99) COUNCIL /\k %9 0 A@ )r 3 November 2, 1982 Page 3 MEMBERS % %% CONSENT CALENDAR (Continued) 8. AB #7189 - ACCEPTANCE OF DONATION. RESOLUTION NO. 7047, accepting a donation of twenty- five dollars ($251, was adopted. 9. AB #7120 - Supplement #2 - NOTICE OF COMPLETION FOR CITY REROOFING - CONTRACT NO. 1125. Council accepted the construction as complete, and directed the City Clerk to record the Notice of Completion and release the bonds 35 days after recordation. 10. AB #7i90 - FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION. RESOLUTION NO. 7048, authorizing fuel efficient traffic signal management program grant application, was adopted. 11. AB #7191 - AIRPORT BUSINESS CENTER ANNEXATION - SIGNAL LANDMARK. RESOLUTION NO. 7049, approving the annexation of certain uninhabited territory hereinafter described and designated as the Airport Business Center Annexa- tion, was adopted. 12, AB #7192 - WOODWARD ANNEXATION (ROBERTSON RANCH) . RESOLUTION NO. 7050, approving the annexation of certain uninhabited territory hereinafter described and designated as the Woodward Annexation, was adopted. 13. AB #6913 - Supplement #1 - MACARIO CANYON PARK ANNEXATION. RESOLUTION NO, 7051, approving the annexation of certain uninhabited territory hereinafter described and designated as the Macario Canyon Park Annexation, was adopted. 14. AB #7193 - APPROPRIATION OF FUNDS PRIOR YEAR ENCUM- BRANCES .; RESOLUTION NO, 7052, authorizing the appropriation of funds to fund encumbrances outstanding as of June 30, 1982, was adopted. ITEMS REMOVED FROM CONSENT CALENDAR: 7. AB #7163 - Supplement #1 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT APPEAL - PLAZA SERENA DE LA COSTA, Mayor Casler stated this item had been removed from the Consent Calendar at the suggestion of the City Attorney since prior Council vote on the matter had not been unanimous. MINUTES COUNCIL /\b % %' 3 November 2, 1982 Page 4 MEMBERS % %% The following Resolution was adopted: RESOLUTION NO. 7046, GRANTING AN APPEAL FROM A PLANNING Cas ler Anear LUCIERNAGA STREET AND ARGONAUTA STREET. Chick GENERALLY LOCATED AT THE END OF LUCIERNAGA COURT BETWEEN xx Kulchin SUBDIVISION MAP AND PLANNED UNIT DEVELOPMENT FOR PROPERTY X Lewis COMMISSION DECISION AND DENYING AN EIGHT UNIT TENTATIVE, X ORDINANCES FOR INTRODUCTION : (70) 15. AB #6133 - Supplement #8 - AGUA HEDIONDA LAGOON MANAGEMENT PROGRAM REVISION. The following ordinance was introduced: ORDINANCE NO. 3153, AMENDING TITLE 11, CHAPTER 11.24 OF Cas ler X Lewis THE CART;SBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION X X chick DEVICES . xx Kulchin 11.24.032 TO REVISE THE CHAPTER ON AQUATIC AREAS AND Anear X ORDINANCES FOR ADOPTION: (114) 16. AB #7181 - ZONE CODE AMENDMENT - ADMINISTRATIVE VARIANCES - ZCA-l34(A) - CITY OF CARLSBAD. The following ordinance was adopted: ORDINANCE NO. 9651, AMENDING TITLE 21, BY THE AMENDMENT X Casler OF CHAPTER 21.51, SECTION 21.51.020 TO EXPAND THE Lewis X AUTHORITY OF THE LAND USE PLANNING MANAGER FOR APPROVING Kulchin X Chick CEKCAIN VARIANCES. xx Anear X (37) 17. AB #7184 - PLACING PROVISIONS FOR OFFICE OF MAYOR IN THE MUNICIPAL CODE. The following ordinance was adopted: ORDINANCE NO. 1258, AMENDING TITLE 2 OF THE CARLSBAD Cas ler 2.08, SECTLON 2.08.010, AND BY .THE ADDITION OF CHAPTER xx Kulchin ADDITION OF SECTION 2.04.050, THE AMENDMENT OF CHAPTER X Lewis MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 2.04 BY THE X FOR THE OFFICE OF MAYOR. COUNCIL FOLLOWING ELECTIONS AND DETAILING RESPONSIBILITIES X Anear 2.06 TO ADD PROVISIONS PROVIDING FOR THE REORGANIZATION OF X Chick PUBLIC HEARINGS : (114) 18. AB #7194 - AMENDMENT OF ZONING ORDINANCE TO PERMIT COMBINATION ZONING ON PROPERTY IN CONJUNCTION WITH A SPECIFIC PLAN - ZCA-144. Mike Holzmiller, Land Use Planning Manager, gave a staff report on the matter as contained in the agenda bill and responded to Council questions about possible implementa- tion. Mayor Casler opened the public hearing and extended the invitation to speak. Since no one wished to speak on the matter, Mayor Casler closed the public hearing at 6:42 PM. MINUTES COUNCIL /\b % %' ? November 2, 1982 Page 5 MEMBERS % %% The following ordinance was introduced: X Anear TO ALLOW FOR COMBINATION ZONING ON PARCELS EXHIBITING X chick THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 21.05.095 xx Kulchin ORDINANCE NO. 9652, AMENDING TITLE 21, CHAPTER 21.05, OF X Lewis X Cas ler UNIQUE CIRCUMSTANCES. (114) 19. AB #7111 - Supplement #I .- .ZONE CODE AMENDMENT - FREEWAY SERVICE FACILITY SIGNS - ZCA-143 - CITY OF CART;SBA). Mike Holzmiller, Land Use Planning Manager, gave the ' staff report on the matter as contained in the agenda bill. Mayor Casler opened the public hearing and extended the invitation to speak. Since no one wished to speak on the matter, Mayor Casler closed the public hearing at 6:45 PM. The following ordinance was introduced: Cas ler X Lewis X ORDINANCE NO. 9642, AMENDING TITLE 21, CHAPTER 21.41 OF Kulchin xx THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION X Anear 21.41.030(6) AND 21.41.070(3) (B) TO MODIFY REQUIREMENTS X Chick REGARDING FREEWAY SERVICE FACILITIES. (107) 20. AB #7180 - Supplement #1 - VACATION OF A PORTION OF OAK AVENUE. Richard Allen, City Engineer, gave the staff report on the matter. He noted that the estimated cost of the improve- ments should be $10,000 rather than $60,000 as stated in the agenda bill. Mayor Casler opened the public hearing and extended the invitation to speak. Since no one wished to speak on the matter, Mayor Casler closed the public hearing at 6:48 PM. The following resolution was adopted: Cas ler X Lewis X RESOLUTION NO. 7053, VACATING A PORTION OF OAK AVENUE Kulchin X BETWEEN CARLSBAD BOULEVARD AND LINCOLN STREET. chick X Anear xx (108) 21. AB #7195 - APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE - V-341 - HORTON. Mike Holzmiller, Land Use Planning Manager, gave the staff report on the matter with the aid of a transparency showing the site plan of the area and elevations of the proposed building. Mayor Casler opened the public hearing and extended the invitation to speak. Mr. Skip Horton, 4225 Isle Drive, Carlsbad, appellant, addressed Council. Mr. Horton stated that -the transparent!' showing the elevations contains incorrect information. In addition, he referenced a wall exhibit displaying the configuration of the buildings on the lot, and also noted discrepancies in the exhibit. He further stated that information contained in the 'staff report was incorrect. In response to query, Mr. Horton stated that the exhibits had been prepared by an architect he hired, however, information was incorrect. MINUTES November 2, 1982 Page 6 Council continued the matter to the meeting of November 16, 1982, to allow time for submission of correct infor- mation regarding the matter. DEPARTMENTAL AND CITY MANAGER mPORTS: Land Use Planning I (113) 22. AB #7109 - Supplement #1 - ZONE CHANGE REQUEST - LAGUNA DRIVE - ZC-259: TRAYER. Mike Holzmiller, Land Use Planning Manager, gave a brief staff report on the matter with the aid of a transparency showing the location of the property. He briefly explained the history of the requested zone change. In response to Council query, he stated that the deed restrictions on the subdivision in the area were reviewed and these five lots were not included in same. m. Richard Smith, 995 Knowles, Carlsbad, addressed Council. Mr. Smith stated that his property backs up to Lot B. .He, with the aid of a slide presentation, stated there were problems in the area because portions of the lots are vacant and portions contain very old buildings. He noted that the area is on the weed abatement list every year. He then displayed slides of a project to show what the area could look like if developed, and requested Council approval of the requested zone change. Council recognized Zonia Richards, 2648 Davis Place, Carlsbad. Mrs. Richards stated her belief that Mr. Smith is a co-owner of the property in question, and works for the fire department. She expressed the opinion that the entire 5 lots being zoned R-2 would provide as an adequat buffer to the neighboring homeowners, and requested Council consideration of same. Council discussed the RDM(Q) zone and the R-2 zone and the number of units which could result from each zone, and the various ways the property could be developed under each zone. Discussion related to providing adequat buffering effect to the single-family residences in the area, and the zone which would provide that protection. e :e As clarification, Mike Holzmiller explained that the new zone being developed would allow Council to designate a density with a zone, but that density could not be lower than specified in the General Plan for the zone. Council directed the City Attorney to prepare documents amending the zoning map to grant a change of zone from R-1 to R-2 (Q) on Lots A, B, C, D, and E. Utilities (92) 23. AB #7196 - FUND TRANSFER - BUENA VISTA FORCE MAIN E XTENS I ON. Roger Greer, Utilities Director, gave a brief staff report on the matter as contained in the agenda bill. COUNCIL /\b % 3% 2 MEMBERS % %% Casler X Anear X Chick X Kulchin X Lewis xx Cas ler Anear X Chick X Kulchin xx Lewis X MINUTES - November 2, 1982 Paqe 7 - The following resolution was adopted: I RESOLUTION NO. 7054, APPROPRIATING FUNDS FOR THE ENLARGE- MENT OF THE BUENA VISTA FORCE MAIN. Building (30) 24. AB #7197 - ADOPTION OF 1981 NATIONAL ELECTRICAL CODE. Marty Orenyak, Director of Building and Planning, gave the staff report on the matter as contained in the agenda bill. Council titled Ordinance No. 8098 as follows, as set the matter to public hearing on December 7, 1982: ORDINANCE NO., ,8098, AMENDING TITLE 18, CHAPTER 18.12 BY THE AMENDMENT OF VARIOUS SECTIONS TO ADOPT BY mFEFC3NCE THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN MODIFICATIONS. . RECESS: Mayor Casler called a recess at 7:35 P.M. and Council reconvened at 7:48 P.M. with all council members present. City Attorney I (97) 25. AB #7070 - Supplement #I - REIMBURSEMENT FOR PORTION (45) OF TAMARACK AVENUE. Following a brief introduction of the matter by Dan Hentschke, Assistant City Attorney, Ron Beckman, Assistanl City Manager/Developmental Services, continued with the staff report. With the aid of a wall exhibit, Mr. Beckmar explained the street improvements required as a condition of the master plan and the number of trips projected to be generated as a result of this master plan development. He continued with the report as contained in the agenda bill. council recognized Mr. Henry R. Hague, 810 Mission Avenue, Oceanside, representing Virginia Robertson and Elsie Kelly. Mr. Hague expressed agreement with city staff report and recommendation. He also noted that the figure stated on the face of the agenda bill is the correct figure rather than the figure contained in the City Engineer's report attached to the agenda bill. He stated that the report does not address the issue of timing as to when the reimbursement would be made. In that regard, he stated his clients feeling that reimbursement should not be made until such time as they receive a benefit from the development of the road. Therefore, at such time as they are allowed access by development on the southern side of the property, they would agree to pay the reimbursement. , - 1 COUNCIL /\b % %% $ MEMBERS % %% Casler Kulchin X Lewis X xx Ane ar X Chick X Cas le r X Lewis X xx Anear X Chick X Kulchin MINUTES - November 2, 1982 Page 8 I council recognized Mr. V. Frank Asaro, 411 Brooks Avenue, San Diego, representing Lake Calavera Hills Association. Mr. Asaro referenced portions of the United States Constitution and the California Government Code and state a developer must be reimbursed for oversizing facilities above that which is required to meet the needs of a sub- division. He explained the. costs involved in improving Tamarack, and explained with the aid of a wall exhibit, that a one-half width of the road would have served the needs of the subdivision and the master plan area; howeve the developer was required to obtain full-width street dedication of the right-of-way and street construction. d r, He continued stating that the actual requirements were oversizing of the street, and the developer should be reimbursed for that portion above what should have been required to serve the master plan. He suggested that the adjoining property owners could pay the amount they have agreed upon, and the city could pay the remaining amount by giving the developer a credit for future public facility fees. Council recognized Mr. Wm. Darnell, 4262 Camput Drive B-1 Newport Beach, representing Lake Calavera Hills Associate Mr. Damell indicated his firm had prepared the traffic figures contained on the exhibit before Council. He also explained the method of calculating same and the different type of service level used in the calculations. He indicated that the one-half street, according to their calculations, would serve the development. I S. Council recognized Mr. Bob Ladwig, Rick Engineering, Carlsbad, representing the Woodward Companies. Mr. Ladwig expressed agreement with the staff report and figures. He suggested that if it is approved by Council , they be allowed to pay their share in phases as their subdivision is developed. Council discussion reflected .the opinion that the street was not oversized, and that it was built in accordance with city standards to meet the needs of the master plan area. Council directed the City Attorney to prepare the docu- I. ments necessary to accomplish the settlement as outlined in the City Engineer's Memorandum dated October 4, 1982, attached as Exhibit C to the agenda bill. (28) 26. AI3 #6716 - Supplement #2 - RICK SENIOR CITIZEN 1 HOUSING PROJECT. The Director of Building and Planning, Marty Orenyak, gave a brief staff report on the matter. He responded to questions regarding the period of.time the units would be required to remain as low-income housing units, noting it would be for the period of the bonds, 20 years. COUNCIL I\\ 3 3% % MEMBERS % %% *I Cas ler Kulchin X Lewis X xx Ane ar X chick X i MINUTES (106) (37) (79) COUNCIL /\k 3 %' 9 November 2 , 1982 Page 9 MEMBERS % $% The following Resolution was adopted: xx Kulchin RESOLUTION NO. 7055, DECLARING ITS INTENTION TO ISSUE X Lewis X Cas ler X Anear THE JEFFERSON HOUSE PROJECT. X Chick MULTIFAMILY RESIDENTIAL REVENUE BONDS IN CONNECTION WITH OFF AGENDA ITEMS: Mayor Casler requested that Council add the matter of an X Chick unanimously agreed. X Kulchin agenda for consideration and action, and Council X Lewis Underground Utility District on Tyler Street to the xx Casler Underground Utility District No. 8 Anear X The City Clerk distributed a copy of an agenda bill to Council, and the Community Development Manager, Chris Salamone, gave a brieff report on same. The following Resolution was adopted: Casler X Lewis X RESOLUTION NO. 7056, EXPRESSING ITS INTENT TO INITIATE Kulchin X PROCEEDINGS PURSUANT TO CHAPTER 11.08 OF THE CARLSBAD Chick X MUNICIPAL CODE AND CALLING A PUBLIC HEARING TO DETERMINE Anear xx WHETHER THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON TYLER STREET BETWEEN ELM AVENUE AND GRAND AVENUE. Council Member Anear requested that Council add the matter of car allowance consideration to the agenda, and Council unanimously agreed. Car Allowance Council Member Anear commented on the fact :$hat costs .. for gasoline had increased substantially since the time that reimbursement figures had been established. He suggested that the matter be studied as well as the possibility of establishing a car allowance for Council Members due to the amount of traveling which is required in connection with the duties of a Council Member. He also suggested that compensation for Redevelopment Commission meetings be considered due to the increased amount of time required for same. Council determined that Council Members Lewis and chick Casler X continue with their study of the matter, and also obtain Lewis X comparative information from cities in the County, as Kulchin X well as consider compensation for serving on the Housing chick X and Redevelopment Commission. Also included was the Anear xx gas reimbursement amount for staff as well. Election Date Council briefly discussed, and agreed that the matter of changing the election date be placed on the agenda €or consideration after the new Council member is seated. COUNCIL REPORTS Sandag Mayor Casler reported on the last meeting and the fact that Assemblyman Larry Stirling is urging all cities to get behind SDGSlE to and to approve the concept of the formation Of a Joint Powers agency to make application for hydro-electric power from Hoover Dam. MINUTES I I November 2, 1982 Page 10 The City Manager stated a resolution to that effect would be on the next Council agenda for consideration, Mayor Casler then explained the changes in the regional transportation plan and that applications for funding would be made to construct siding tracks, one in Carlsba and on near San Onofre. Council discussed the matter an expressed concern about possible problems which could arise from such tracks. d NCTD Mayor Casler reported that Oceanside is desirous of moving its switching yards to Camp Pendleton, and they have submitted an application for funding to accomplish same. JAC - Mayor Casler reported that at the last meeting, the General Manager, Dennis Reid, and two office personnel at Encina had submitted their resignations. She noted a report and recommendation would be coming to council in the near future for consideration. CLOSED SESSION: Council adjourned at 9 :24 P.M. to a closed session and Mayor Casler announced that personnel matters would be discussed. Council reconvened at 9:29 P.M. with all Council Members present, and Mayor Casler announced that personnel matters had been discussed and no action taken. ADJOURNMENT : BY proper motion, the meeting was adjourned at 9:29 P.M. to Tuesday, November 9, 1982, at 6:OO PM in the Council chambers o Respectfully submitted, &e- ALETHA L. RAUTENKRANZ \ City Clerk COUNCIL /\k 3 %' % MEMBERS % $%