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HomeMy WebLinkAbout1983-02-01; City Council; Minutes.c $9 MINUTES 3/ (50) (70) (45) (5 1) Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Place of Meeting: Council Chambers COUNCIL % %' 2 Date of Meeting: February 1, 1983 \\b 5 MEMBERS % %% CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:OO p.m. ROLL CALL was taken by the City Clerk as follows: Present: Casler, Lewis, Kulchin, Chick and Prescott. Absent: None. INVOCATION was given by Mayor Casler. PLEDGE OF ALLEGIANCE was led by Mr. Maurice Kimball. APPROVAL OF MINUTES: (Approved by one motion) X Cas ler Lewis X Minutes of the regular meeting of January 18, 1983, Kulchin xx were approved as presented. X Chick Prescott X Minutes of the adjourned regular meeting held Cas ler X January 25, 1983, were approved as presented. Lewis 1 Kulchin X Chick X Prescott X CONSENT CALENDAR: Council Member Prescott requested Item #I7 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar with Cas ler X the exception of Item #/7, as follows: Lewis X Prescott X Chick WAIVER OF ORDINANCE TEXT READING: xx Kulchin X Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AB #I7274 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $686,838.15, for the period January 14 to January 27, 1983; Payroll demands in the amount of $271,760.30, for the period January 3 to January 16, 1983; and Housing demands in the amount of $51,001.04 for the period January 14 to January 27, 1983. 2. AB #I7188 - Supplement #l - NOTICE OF COMPLETION - EXTERIOR PAINTING OF HARDING COMMUNITY CENTER CONTRACT. Council accepted the work as complete, and directed the City Clerk to record the Notice of Completion and release bonds 35 days after recordation. 3. AB #I7275 - ACCEPTANCE OF GIFT OF MONEY FOR PARAMEDIC TRUST FUND.. RESOLUTION NO. 7123, accepting a donation from Betty Zimprich in memory of William Zimprich, was adopted. , <. MINUTES 30 February 1, 1983 Page 2 MEMBERS COUNCIL k & pL% %.;t 3 1 I I CONSENT CALENDAR (Continued) I I 4. AB $17266 - Supplement $11 - AMENDMENT TO THE CIRCU- I (57) (99) (97) (45 1 (99) (81) (99) (25) (25) (70) (45) LATION ELEMENT OF THE GENERAL PLAN - GPA-66(B) - LOS MONOS ROAD. RESOLUTION NO. 7124, approving an amendment to the Circulation Element of the General Plan to change the alignment of proposed Los Monos Road, was adopted. 5. AB $17267 - Supplement $11 - TENTATIVE MAP AND CONDO- MINIUM PERMIT - CT 82-23/CP-222 - MOLA DEVELOPMENT. RESOLUTION NO. 7125, approving a 60-unit tentative map and condominium permit on property located on the north side of Alga Road, 650 feet west of El Camino Real , was adopted. 6. AB a7276 - PLANS AND SPECIFICATIONS FOR GRAND AVENUE WATERLINE REPLACENENT - CONTRACT NO. 1128. RESOLUTION NO. 7126, approving plans and specifi- cations and authorizing the City Clerk to advertise for bids for the Grand Avenue waterline replacement contract , was adopted. 8. AB 116654 - Supplement #2 - FINAL MAP - CT 80-46. Council approved the final map for Carlsbad Tract 80 -46. 9. AB $1808 - Supplement #6 - QUITCLAIM OF EASEMENT FOR PUBLIC UTILITIES ON LOT 100, CT 72-18, UNIT NO. 2. RESOLUTION NO. 7129, quitclaiming the City's interest in an easement located on Lot 100 in tract 72-18, was adopted. 10. AB $16944 - Supplement $11 - PROPERTY TAX EXCHANGE FOR VISTA DEANNEXATION. i RESOLUTION NO. 7130, approving a property tax exchange relating to jurisdictional changes - Vista Deannexation - RO 81-46, was adopted. 11. AB #7278 - SEABLUFF REORGANIZATION. I I RESOLUTION NO. 7131, approving the annexation of certain territory designated as the Seabluff Reorganization to include the detachment of said property from the Leucadia County Water District, was adopted. 12. AB V7279 - JEFFERSON SCBOL ATHLETIC FIELD IMPROVE- MENT - CONTRACT NO. 1123. RESOLUTION NO. 7132, approving plans and specifi- cations and authorizing the City Clerk to advertise for bids for the Jefferson School athletic field improvement, was adopted. \ MINUTES 29 5 February 1, 1983 Page 3 COUNCIL \\k % %' 3 ITEM REMOVED FROM CONSENT CALENDAR: MEMBERS % %% (70) 7. AB f7277 - PLANS AND SPECIFICATIONS FOR SWIMMING POOL, (45) PARKING LOT CONTRACT NO. 1119, AND TRANSFER OF FUNDS. Council Member Prescott stated he asked for this item to be removed from the Consent Calendar because he felt the cost was too high. He questioned the need for the addi- tional parking for the pool, and expressed the opinion that the only purpose this lot would serve would be as a parking lot for the high school. The Council discussed the uses of the parking lot, the original agreement with the District regarding the pool and land, and possible alternatives. Dave Bradstreet, Director of Parks and Recreation, reported there are negotiations underway with the school for City use of the Cultural Arts Center. He stated the additional parking would be necessary as use of the Cultural Arts Center increases. The Council continued AB #7277, containing Resolutions Casler X 7127 and 7128, until staff has a report on the use of the Lewis X Cultural Arts Center. Kulchin xx Chick X Prescott X ORDINANCES FOR ADOPTION: (114) 13. AB $16656 - Supplement 114 - AMENDMENT TO MOBILE HOME PARK ORDINANCE - ZCA-157. The following Ordinance was adopted: X Presco tt SECTION 21.37.020 (1) TO DELETE THE AUTHORIZATION X Chick OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF xx Ku 1 chin ORDINANCE NO. 9615, AMENDING TITLE 21, CHAPTER 21.37 X Lewis X Cas ler FOR PLACEMENT OF FACTORY-BUILT HOUSES IN MOBILE HOME PARKS AND TO ESTABLISH CONDITIONS FOR THE PLACEMENT OF MOBILE HOMES ON PERMANENT FOUNDATIONS IN MOBILE HOME PARKS. (114) 14. AB jj.7268 - PARKING FOR PROFESSIONAL OFFICE USES - ZCA-145 - CITY OF CARLSBAD. The following Ordinance was adopted: X Pres co t t SECTIONS 21.44.130(2) and 21.44.160(1) TO ESTABLISH X Chick OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF xx Kulchin ORDINANCE NO. 9665, AMENDING TITLE 21, CHAPTER 21.44 X Lewis X Casler - PARKING REQUIREMENTS FOR OFFICE USES AND TO ALLOW THE CONSIDERATION OF COMPACT PARKING SPACES. (103) 15. AB a7271 - REORGANIZATION OF TRAFFIC SAFETY COMMISSION - ESTABLISHMENT OF TRAFFIC SAFETY COORDINATING COMMITTEE. The following Ordinance was adopted: X Prescott CHAPTER TO CREATE THE TRAFFIC SAFETY COMMISSION AND X Chick OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF xx Kulchin ORDINANCE NO. 1262, AMENDING TITLE 2, CHAPTER 2.28 X Lewis X Cas ler THE TRAFFIC SAFETY COORDINATING COMMITTEE. MINUTES 28 February 1, 1983 Page 4 \\b 5 COUNCIL % %' 4 MEMBERS % %% PUBLIC HEARINGS : (113) 16. AB #7255 - ZONE CHANGE, PRECISE PLAN, AND SPECIFIC PLAN FOR COMMERCIAL ADDITION TO PLAZA CAMINO REAL - HUGHES INVESTMENTS. This item was continued to February 15, 1983. (114) 17. AB #7235 - ZONE CODE AMENDMENT - SPECIFIC DENSITIES IN RDM ZONE - ZCA-151 - CITY OF CARLSBAD. Mike Holzmiller, Land Use Planning Manager, gave the staff report, as contained in the Agenda Bill. Mayor Casler opened the public hearing at 6:22 p.m., and since no one wished to speak on this matter the public hearing was closed. Council Member Chick expressed the opinion that this would be transferring power from the Council to the Planning Department., and indicated his opposition to that transfer. He stated the Ordinance would not change density options currently available to developers, and he expressed his opposition to the Ordinance. After further Council discussion regarding the purpose Casler X and content, the following Ordinance was introduced: Lewis X Kulchin xx ORDINANCE NO. 9658, AMENDING TITLE 21, CHAPTER Chick 21.24 OF THE CARLSBAD MUNICIPAL CODE BY THE Prescott X AMENDMENT OF 21.24.120 REGARDIHG DENSITY IN THE RD-M ZONE. (114) 18. AB V7257 - ZONE CODE AMENDMENT ESTABLISHING RD-H ZONE - ZCA-153 - CITY OF CARLSBAD. Mike Holzmiller gave the staff report as contained in the Agenda Bill. Mayor Casler opened the public hearing at 6:42 p.m., and since no one wished to speak on this matter, the public hearing was closed. The following Ordinance was introduced: X Prescott 21.23 ESTABLISHING THE RD-H (RESIDENTIAL DENSITY- X Chick CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER xx Ku 1 chin ORDINANCE NO. 9664, AMENDING TITLE 21, OF THE X Lewis X Cas ler HIGH) ZONE. 113) 19. AB #7280 - PREANNEXATIONAL ZONE CHANGE - ZC-246 - - BONS . Mike Holzmiller gave the staff report, using a trans- parency to show the site, as contained in the Agenda Bill. Mayor Casler opened the public hearing at 6:45 p.m. and issued the invitation to speak. Mr. Mike Lompart, 2025 Chestnut, Carlsbad, addressed the Council and asked the exact location of this site. He was shown the site on the transparency and Council and staff explained the exact location. MINUTES February 1, 1983 Page 5 (1 114) Since no one else wished to speak on the matter, the public hearing was closed at 6:48 p.m. The following Ordinance was introduced: ORDINANCE NO. 9666, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO CHANGE THE ZONE FROM COUNTY S-90 TO E-A (EXCLUSIVE AGRICULTURE) 0~ 9.18 ACRES LOCATED 0N THE EAST AND WEST SIDES OF EL CAMINO REAL APPROXIMATELY ONE MILE NORTH OF ALGA ROAD. ,141 20. AB #7281 - ZONE CODE AMENDMENT TO REDEFINE BUILDING HEIGHT - ZCA-150 - CITY OF CARLSBAD. Mike Holzmiller gave the staff report, using wall charts to show the method of computing the allowed heights of buildings, as explained in the Agenda Bill. This Ordinance does take into consideration very steep slopes and clears up the interpretation of the Code. Mayor Casler opened the public hearing at 6:55 p.m. and issued the invitation to speak. Mr. Ralph Gonzales, 1552 Fifth Avenue, San Diego, address the Council, questioning whether a developer would be allowed to add fill to an already graded lot in order to take advantage of a view. Staff response indicated that the current wording of the Ordinance did not actually address this particular situ- ation, but could be modified so it would. Since no one else wished to speak on the matter, the public hearing was closed at 7:03 p.m. The Council continued the item to their next regular meeting for revision. 21. AB #7282 - ZONE CODE AMENDMENT REGULATING PARKING Ifi THE FRONT YARD AND STREET SIDE YARD SETBACKS - ZCA-154 - CITY OF CARLSBAD. Mike Holzmiller gave the staff report, using a wall graph to show the areas where vehicles could be parked, as contained in the Ordinance. He stated that a recent drive around the City indicated the Ordinance would have a big impact on RV's, even though it would only be enforced on a complaint basis. He therefore requested that the part of the Ordinance regarding RV's be returned to staff for further study. Mayor Casler opened the public hearing at 7:14 p.m. and issued the invitation to speak. Sharon Pierce, 5310 El Arbol, Carlsbad, addressed the Council, with a complaint about a large number of cars parked in the driveway and yard of a.house near her home Casler Lewis Kulchin Chick Prescott Casler Lewis Kulchin Chick Prescott MINUTES (70) February 1, 1983 26 Page 6 * MEMBERS COUNCIL \ \ She wanted to know how far back they could park and just how many could be there, particularly when two of the cars had weeds growing around them. She stated she was in favor of this Ordinance. Since no one else wished to address the Council, the publi hearing was closed at 7:18 p.m. Council Member Chick called attention to paragraph (1) of the Ordinance and the wording "not exceed thirty percent", and questioned possible problems with cul de sacs, where a driveway could cover a greater area due to the configur- ation of the lot. Staff agreed a cul de sac could present a problem and was not considered. -. w The Council referred the item back to staff and the Planning Commission for further review and revisions. Cas ler Lewis Kulchin Chick Presco t t 22. AB #7018 - Supplement #5 - ABATEMENT OF NUISANCE AT BUENA VISTA LAGOON. Richard Allen, Principal Civil Engineer, gave the staff report, using a location map, a photograph of the three locations where the growth was removed and a series of "before" and "after" photographs. This item was explaine in Agenda Bill 7018-5 and further explained in Agenda Bill 7018-4 and its attachments. :d Mayor Casler opened the public hearing at 7:33 p.m. and issued the invitation to speak. Mr. Michael Mahoney, 24 Shady Hill Lane, Fallbrook, the property owner, addressed the Council, stating he felt this $3,108 bill was unfairly assessed against him. He stated he worked on removing the tules and cattails and removed about one third of them at a cost of $400. He stated the Fish and Game people did not think this was a nuisance and he expressed opposition to the charge, calling it excessive. Dave Bradstreet gave an explanation of the charges, which are documented, for removing the growth on Mr. Mahoney's property. Since no one else wished to speak on this subject, the public hearing was closed at 7:45 p.m. The Council discussed the ownership of the property and the desirability of the Buena Vista Lagoon Committee discussing the matter for future nuisance consideration. I The following Resolution was adopted: Cas ler Lewis RESOLUTION NO. 7133, CONFIRMING THE REPORT OF THE Kulchin PARKS AND RECREATION DIRECTOR SHOWING COST OF Prescott NUISANCE ABATENENT AGAINST EACH PARCEL OF LAND Chick FOR COLLECTION ON THE REGULAR TAX BILL. IN SAID REPORT, CONFIRMING THE COST AND PROVIDING $$ %y +%+ X X X xx X X X xx X X MINUTES 85 (74) (78) February 1, 1983 Page 7 \\b 5 COUNCIL % %% ? MEMBERS % %% 23. AB {I7217 - Supplement #2 - CONFLICT OF INTEREST CODE. Aletha Rautenkranz, City Clerk, gave the report on this item, as contained in the Agenda Bill. Mayor Casler opened the public hearing at 7:55 p.m., and since no one wished to speak on the matter, the public hearing was closed. The Council approved the Conflict of Interest Code for Cas 1 er X the Design Review Board, and approved the amended Appendix Lewis X - I to the City of Carlsbad Conflict of Interest Code. Ku 1 chin xx Chick X Prescott X RECESS: Mayor Casler called a recess at 7:56 p.m. and Council reconvened at 8:08 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Police 24. AB V7283 - PROPOSAL TO IMPLEMENT USER FEES IN THE POLICE DEPARTMENT. Police Chief Vincent Jimno gave the staff report, explain- ing the two parts of the proposal as contained in the Agenda Bill. The Council discussed various functions and events involving City Police services where they felt the City should be able to recover costs. Also discussed was the question of charging a fee for an event that brings additional revenue into the City. The following Ordinance was introduced and X Prescott MUNICIPAL CODE BY THE ADDITION OF CHAPTER 3.36 TO PRO- X Chick ORDINANCE NO. 1263, AMENDING TITLE 3 OF THE CARLSBAD xx Kulchin X Lewis Resolution adopted: (By one motion) X Cas ler VIDE FOR THE LEVY OF FEES FOR SPECIAL POLICE SERVICES. RESOLUTION NO. 7134, ESTABLISHING CHARGES FOR COPIES OF POLICE REPORTS, FINGERPRINTING SERVICES OTHER DOCUMENTS, AND POLICE PERSONNEL FOR SPECIAL EVENTS. City Attorney 25. AB /I7284 - AMENDMENT OF WIRONMENTAL PROTECTION PROCEDURES TO ALLOW APPEAL OF NEGATIVE DECLARATION. City Attorney Vincent Biondo gave the report on this item as contained in the Agenda Bill. The following Ordinance was introduced: X Prescott AMENDMENT OF SECTION 19.04.150 TO ALLOW THE X Chick 19.04 OF THE CARLSBAD MUNICIPAL CODE BY THE xx Kulchin ORDINANCE NO. 9669, AMENDING TITLE 19, CHAPTER X Lew i s X Casler APPEAL OF ALL NEGATIVE DECLARATIONS TO THE CITY COUNCIL. MINUTES 34 (62) (68) (79) February 1, 1983 Page 8 Ci ty Council 26. AB #7285 - REQUEST FOR LEGISLATION. Mr. Edwin Hay, 1286-1 Discovery, San Marcos, addressed the Council, explaining the Resolution of the City of San Marcos, requesting enactment of legislation to require the election of members of the California Public Utilities Commission. He stated he was interested in changing the administration and activities of the PUC to make them more responsive to public need. He requested Counci 1 to adopt a supporting Resolution. Following brief discussion, Council continued this matter for one week until they reviewed a copy of the Editorial of Mr. Fox of Channel 39. City Manager 27. AB #72 16 - Supplement #l - CARLSBAD COMMUNITY EDUCATION. City Manager Frank Aleshire gave the report on this matter. Mayor Casler made a motion for a change on page 3, under Section 4, paragraphs (b) and (c) to delete the words "and employees" . The Council approved the amended By-Laws and Articles of Incorporation for the Carlsbad Community Education, Inc., a nonprofit corporation incorporated for the purpose of distributing educational materials such as the quarterly newsletter, and directed the City Attorney to file the necessary papers. 28. AB 17232 - Supplement #l - REVISION TO TRAVEL POLICY. I The Council approved the Revised Travel Policy as recommended by the Counci 1 Sub-committee. COUNCIL REPORTS : I S tom Damage Council Member Prescott gave a report on his conversation with an employee of State Parks regarding the storm damage to the Carlsbad beaches. Library Board of Trustees I Council Member Chick reported on the continuing dis- cussions for a future library site south of town. Buena Vista Lagoon Joint Powers Committee Council Member Chick reported there is a meeting set for Monday, February 7, 1983, to organize this Committee. COUNCIL /\b ?A+%% "0 %.p, MEMBERS + rz, + Casler Lewis X Kulchin X Presco tt xx Chick Casler Chick X Kulchin X Lewis xx X Prescott X Casler X Lewis X Kulchin xx Chick X Pres co t t X Cas ler Chick X Kulchin xx Lewis X X Prescott X d3 MINUTES February 1, 1983 Page 9 Downtown Redevelopment Council Member Chick reported on the recent meeting and activites. North County Transit District Council Member Kulchin gave a brief report. SANDAG Mayor Casler reported they will be voting on amending the by-laws to change the date of the meeting from the third Monday to the fourth Friday of the month. Ordinance 1255 - Review Committee The new member for this Committee will be Col. Allen Feld, Rancho Carlsbad. New Commit tee As signmen ts Mayor Casler announced that Council Member Kulchin will now serve as Council liaison to the Housing and Redevelop- ment Advisory Committee, and Council Member Chick will serve on the JAC Comittee. CLOSED SESSION: Council adjourned at 9:14 p.m. to a Closed Session. Mayor Casler announced that litigation would be discussed. Council reconvened at 9:46 p.m., with all Council Members present. Mayor Casler announced that litigation had been discussed and no action taken. ADJOURNMENT : By proper motion, the meeting was adjourned at 9:47 p.m. to Tuesday, February 8, 1983, at 6:OO p.m. in the Council Chambers . Respectfully submitted, &$e* ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt, Minutes Clerk b I COUNCIL \\k 5 ?$ %% ? MEMBERS % %% e,