HomeMy WebLinkAbout1982-11-02; City Council; MinutesMINUTES
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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.
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X Anear
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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.
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X
xx
Casler
Lewis
Kulchin
Chick
Anear
5. AB #7113 - Supplement #2 - AWARD OF CONTRACT FOR
DOWNTWON PARKING LOT - CONTRACT NO. 1122.
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X
X
X
X
X
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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.
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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.
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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
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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
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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.
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Casler
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X Chick
X Kulchin
X Lewis
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- 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.
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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
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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.
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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
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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
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