HomeMy WebLinkAbout1983-02-01; City Council; Minutes.c $9 MINUTES 3/
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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.
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February 1, 1983 Page 2
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CONSENT CALENDAR (Continued) I I
4. AB $17266 - Supplement $11 - AMENDMENT TO THE CIRCU- I (57)
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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.
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ITEM REMOVED FROM CONSENT CALENDAR:
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(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.
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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.
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February 1, 1983 Page 5
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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
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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.
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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
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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.
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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
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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, &$e*
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt, Minutes Clerk
b I
COUNCIL \\k 5 ?$ %% ?
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