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Home My WebLink About1983-05-03; City Council; Minutest .* MINUTES P /6 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 3, 1983 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers D CALL TO ORDER: The Meeting was called to order by Mayor Casler at 6:Ol p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Kulchin, Chick and Prescott. Absent : None. INVOCATION was given by Pastor Jerald Stinson of the Pilgrim Congregational Church. PLEDGE OF ALLEGIANCE was led by Council Me&r Kulchin. APPFQWU, OF MINUTES: (one mtion) Minutes of the Regular Meeting held April 19, 1983, were approved as presented. Minutes of the Adjourned Meeting held April 25, 1983, were approved as presented. PRESENCATION: Mayor Casler read a proclamation proclaiming May as Neighborhood Watch Month and presented the proclamation to Police Chief Vincent Jko. Police Chief Vincent Jinmo thanked the public for their supprt of the Neighborhood Watch Program and urged participation by everyone. CONSENT m: Mayor Casler requested Item #2 be withdrawn from the Consent Calendar for voting purposes only. Council affirmed the action of the Consent Calendar, with the exception of Item #2, as follows: I WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. (50) 1. AE3 #7365 - RATIFICATION OF DEMANDS. Council ratified the payment of demands against City in the amount of $818,353.97, for the periood April 15 to April 27, 1983; Payroll demands in the amount of $279,607.15, for the period April 11 to April 24, 1983; and Housing demands in the amount of $243.77, for the period April 15 to April 27, 1983. c COUNCIL \\y 5 % %% *tC MEMBERS % %% I Casler X Lewis X X Prescott X Chick xx Kulchin Casler X Lewis X X Prescott X Chick xx Kulchin .' (99) P (99) (99) (97) (107) (96) (45) (62) I (51) MINUTES May 3, 1983 Page 2 CONSENT CALENDAR: (Continued ) 3. AB #6727 - Supplement #2 - TENTATIVE MAP EXTENSION FOR CT 81-21 - CARINGA INVES-, INC. Council adopted REsoLuTION NO. 7205, approving a one-year extension of time for tentative map CT 81- 21, including CP-167. 4. AB #6792 - Suppkment #2 - TENTATIVE MAP EXTENSION FOR CT 81 -35, NATIVE SUN INvES?MENT GROUP, Council adopted RESOLUTION NO. 7206, approving a one-year extension of time for tentative map CT 81- 35, including CP-182. 5. AB #6512 - Sup@ement #3 - FINAL MAP FOR CARLSBAD TRACT 79-7A - HESCON DEVELOPERS. Council approved the final map of CT 79-7A. 6. AB #7316 - Supplement #1 - NOTICE OF COMPLETION FOR STREETSCAPE I1 ON MADISON AND ROOSEVELT. Council accepted the construction of Streetscape I1 on Madison and Roosevelt as conplete, and directed the City Clerk to release the bonds 35 days after recordation. 7. AB #7366 - VACATION OF A PORTIOM OF POINSE'ITIA LANE. Council adopted RESOLUTION NO, 7207, summarily vacating an easement over a portion of Poinsettia Lane, 8. AB #7367 - AGREEMENT WITH SAN DIEGO COUNTY REGARDING TRAFFIC SIGNALS, Council adopted RESOLUTION NO, 7208, approving an agreement with the County of San Diego regarding provision of a traffic signal at Palomar Airport Road and Yarrow Drive. 9. AB #7368 - SEBASTIANI REAPPORTIONMENT INITIATILB. Council adopted RESOLUTION NO. 7209, opposing the reapportionment initiative. ITEM REMOVED FRCM THE CONSENT CALENDAR: 115 T COUNCIL \! %PA "0 %.p/ MEMBERS Z. 6 $ I I I 2. AB #7347 - Supplement #I - ENERGENCY MEDICAL TRANSPORTATION FEE SCHEDULE. Council adopted RESOLUTION NO. 7204, establishing b fees for the emergency medical transportation Casler xx Kulchin service. X Lewis Chick X Prescott X \ 5 - .' MINUTES It Lf (67) P (113) (114) :99) May 3, 1983 Page 3 ORDINANCES FQR INTRODUCTION: 10. AB #7369 - REVISING MUNICIPAL CODE RELATING TO WORK IN PUBLIC RIGHT-OF-WAY. Council introduced the following Ordinance: ORDINANCE NO. 7066, AMENDING TITLE 11, CHAPTER 1 1.16 OF THE CARLSBAD MUNICIPAL, CODE BY THE ADDITION OF SECTION 11.16.025 TO REgUIRE NOTICE BEFORE WRKING IN THE PUBLIC RIGEIT-OF-KAY. ORDINANCES FOR ADOPTION: 11. AB #7359 - PF!EANNEXATIONAL ZONE CHANGE AND MASTER PLAN A" - ZC-273/MP-I50(D) - WARD. Council adopted the following Ordinances: ORDINANCE NO. 9682, AMENDING ORDINANCE NO. 9613 TD EXPAND THE BOUNDARIES OF THE LAKE CALaVERA HILLS MASTER PLAN TD INCLUDE A 3.94 ACRE PARCEL ON THE SOUTH END OF GLASGOW ADJACENT TO TAMARACK AVENUE. ORDINANCE NO. 9683, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING W FROM A-70 (COUNTY) TO P-C ON 3.94 ACRES ON PROPEIiTy GENERALI;Y LOCATED AT THE SOUTH END OF GLASGOW ADJACENT TO TAMARACK AVENUE. 12. AB #7360 - AMENDMENT TO RESIDENTIAL MOBILE HOME PARK ZONE - ZCA-163 - CITY OF CARLSBAD. Council adopted the following Ordinance: ORDINANCE NO. 9684, AMENDING TITLE 21, CHAPTER 21.37 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.37.120(b) TO REVISE THE CONVERSION SECTION OF THE RMHP ZONE. PUBLIC HEARINGS: 13, AB #7343 - Supplement #1 - REVISION TO PLAN F5VIEW FEE. Richard Allen, Principal Civil Engineer, gave the staff report, using a chart on the overhead projector showing the estimated average labor distribution for plan review, July 1 , 1982 to March 1 , 1983. Mayor Casler opened the public hearing at 6:12 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed. The Council adopted the following Ordinance: ORDINANCE NO. 9681, AMENDING TITLE 20, CHAPTER 20.08 OF THE CARLSBAD MUNICIPAL CODE BY THE APENDMEBT OF SECTION 20.08,050 TO WISE THE IIWROVEMENT PLAN REVIEW FEE, c COUNCIL \\$ *% 3 ?k% % MEMBERS % %% f Casler X Presmtt X Chick xx Kulchin X Lewis X Casler X Presmtt X Chick xx Kulchin X Lewis X Casler X Presmtt X Chick xx Kulchin X Lewis X Casler X Presmtt X Chick xx Kulchin X Lewis X .j MINUTES (114) B : 114) :114) May 3, 1983 Page 4 PUBLIC HEARINGS: (Continued) 14. AB #7307 - Supplement #1 - ZONE CODE A"ENT - BILLBOARDS - ZCA-164. Mike Holzmilller, Land Use Planning Manager, gave the staff report on this item, as contained in the Agenda Bill. Mayor Casler opened the public hearing at 6:16 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed. The Council introduced the following Ordinance: ORDINANCE NO. 9674, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS To BRING THE PROVISIONS OF THE CARLSBAD ZONING ORDINANCE PERTAINING To REGULATION OF SIGNS IXIQ CONSISTENCY WITH CHAPTER 494 OF THE CALIFORNIA STATUTES OF 1982. 15. AB #7370 - ZONE CODE AMENDMENT TO C'REATE THE NON- RESIDENTIAL PLANNED DEVELOPLMENT - ZCA-162 - CITY OF CARLSBAD. Mike Holzrniller, 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 issued the invitation to speak. Mr. Bob Ladwig, Rick Engineering, addressed the Council, with a question on a word in the Ordinance on Page 4, section 21.47.073, the last paragraph, where it stated "the appeal shall be deemed denied". Mr. Ladwiu questioned whether this should read 'Iapproved" instead of "denied." Staff and the Assistant City Attorney stated the Ordinance was written the way it was intended to read. Since no one else wished to speak on this matter, the public hearing was closed at 6:25 p.m. The Council introduced the following Ordinance: ORDINANCE NO. 9685, AMENDING TITLE 21, OF THE CARLSE4AD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.47 TD PROVIDE FOR NON-RESIDENTIAL PLANNED DEVEL0P"TS. 16. AB #7371 - ZONE CODE AMENDMENT - HOME OCCUPATIONS - ZCA-156 - CITY OF CARLSBAD. Mike Holzmiller, Land Use Planning Manager, gave the staff report, stating presently there are two problems: A lot of inquiries about occupations in the home, and enforcement due to the lack of clear guidelines. - I I3 - COUNCIL \\$ 5 %?$ %% '9, i MEMBERS Z. e Z. Casler X Prescott X Chick xx Kulchin X Lewis X Casler X Prescott X Chick xx Kulchin X Lewis X - b May 3, 1983 MINUTES Page 5 Mayor Casler opened the public hearing at 6:28 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed, The Council introduced the following Ordinance: ORDINANCE NO. 9686, AMENDING TITLE 21, CHAPTER 21.10, SECTION 21.10.010, SUBSECTION 21.10.010(7) OF THE 21.10.010(7) TO SET CONDITIONS FOR THE CONDUCT OF HOME OCCUPATIONS IN RESIDENTIAL ZONES. CARLSEAD mrcIPm CODE BY REVISING SECTION (ll4) 17. AI3 #7372 - SECDNII UNIT ORDINP,NCE - ZCA-158. Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item, using a transparency to conpare the State Law Requirenents and the Proposed City Ordinance. The problem of owner-occupancy requiremnt was discussed by the Council and the Assistant City Attorney read the wording of the proposed requirement that could be adopted, as follows: "For the purposes of this subsection, 'owner' shall include a lessee of where the leasehold includes both the main dwelling and the second unit." The enforcement of the Ordinance was discussed, with the general feeling of the Council and staff being that there would be conplaints filed if there happened to be a problem, and with the threat of the CUP being revoked, there would be conpliance. Mayor Casler opened the public hearing at 6:51 p.m. and issued the invitation to speak. Mr. James Scanlon, 7306 Boria Place, addressed the Council to express his opposition to the Ordinance. He stated it was not fair, if an owner could not add the second unit only because he did not occupy the house. Council and staff attempted to assure Mr. Scanlon that with the additional wording including a lessee, this would not discriminate against an absentee owner. Since no one else wished to speak on this matter, the public hearing was closed at 7:OO p.m. The Council approved the Negative Declaration issued by the Land Use Planning Manager and introduced the following Ordinance, as amended: ORDINANCE NO. 9687, AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL, CODE BY THE ADDITION OF SECTION 21,42.010(10) TO ALLOW SECOND RESIDENTIAL DWELLING UNITS IN R-A, R-E, R-1, AND SINGE FAMILY DETACHED AREAS OF P-C ZONES. AMENDED El INCLUDE: FOR THE PURPOSES OF THIS SUBSECTION, "OWNER" SHALL INCLUDE A LESSEE OF WHERJ3 THE LEASEHOLD INCLUDES EDTH THE MAIN JNELLING AND THE SECOND UNIT. - I12 COUNCIL \\y 5 3 %' % MEMBERS % %% f Casler Lewis X X Prescott X Chick x' x Kulchin X Casler xx Chick X Kulchin X Lewis X X Prescott MINUTES )I I - P May 3, 1983 Page 6 DEPA€?IMmAL AND CITY MANAGER REPORTS: Redevelopment (97) 18. AB #7373 - PRELIMINARY STREETSCAPE DESIGN FOR STATE STREET AND GRAND AVENUE. Chris Salomne, Comunity Redevelopment Manager, gave the staff report, using a wall map showing the proposed streetscape for State Street and Grand Avenue, basically as contained in the Agenda Bill. In answer to query, Mr. Salomne stated there would be additional landscaping on State Street added as part of the extensive upgrading. Mrs. Kay Christiansen, 2802 Carlsbad Boulevard, had requested permission to address the Council. She stated her preference for parallel parking on both streets, but felt the conpromise reached would be acceptable, as long as the redevelopment area would be made mre attractive to tourists. The Council recognized Mr. Bill Rybum, 3021 State Street, who stated his concern for quality on the project. He stated he felt the safety of pedestrians on Elm Avenue and the Elm/State intersection should be oonsidered at the same time. It is extremely dangerous for pedestrians attempting to cross the street, and he felt something should be done about this now, instead of after mre fatal accidents. Mayor Casler inquired whether the State and Elm intersection was included in this plan and Mr. Salomne assured her the intersection was included. The Council directed staff to proceed with the streetscaping design of State Street and Grand Avenue, as remmmended by the Housing and Redevelopment Advisory Committee. Also, staff should look into pedestrian control on Elm Avenue. Personnel (74) 19. AB #7374 - SUGGESTION AWARD PROGRAM. Frank Mannen, Assistant City Manager, Administrative, gave the staff report, as contained in the Agenda Bill. Council Mer Lewis expressed his belief that plaques were all right, but he felt -an award of money would be mre appreciated. Mr. Mannen stated this proposed program would involve a cash award when the employee idea is a money-saving idea and something else if the idea involved safety. This would give the enployees an incentive to become involved in the operations of the City. Council adopted the following Resolution: ~ RESOLUTION NO. 7210, ADOPTING AN EMPLOYEE SUGGESTION AWARD PROGRAM. - MEMBERS COUNCIL \Y %?$, Z. x., 6 3, Z. 1 Casler Lewis X X Prescott X Chick xx Kulchin X Casler Lewis xx X Prescott X Chick X Kulchin X It 6 - ( Y MINUTES May 3, 1983 Page 7 ~ ~~~ City Manager :971 20. AB #7375 - TAMARACK AVENUE WIDENING. City Manager Frank Aleshire gave the report on this item as contained in the Agenda Bill. Mrs. Judy Rice, 1549 Tamarack, had requested permission to address the Council on this item. Mrs. Rice stated she represented the HOT Committee, and they were pleased with the proposed Council action on the matter. Mr. David Juarez, 4120 Park Drive, a men-ber of the Circulation Comnittee, addressed the Council, stating he felt no action should be taken until a report is made by the Circulation Cormittee. The Council recognized Mr. R. L. Nielson, 3460 Charter Oak Drive, representing the Downtown Merchants' Association, who stated he would like to see mre access from El Camino Real to the downtown area. Council Member Chick expressed concern for the traffic on the Highland to Adam portion of Tamarack and felt this should be eliminated from the Resolution. He also expressed the opinion that a hearing on one street is inappropriate and that the circulation in the entire City should be considered at the same time. Council Member Lewis comnted on previous Councils' discussions about Tamarack being a collector, but noted no action had been taken on that intent. Council Member Kulchin said the Resolution had been presented to the Circulation Cormittee and by a vote of eight ayesr one abstaining and one absent, the Cormittee agreed to have the Council proceed with this Resolution. Council Member Prescott expressed the desire to have mre staff input on the section from Highland to Adams and he also objected to the language of the Resolution. He felt it was too directive and should be softened. Mayor Casler reiterated her desire to consider this entire section of Tamarack at one time. A motion was made to change the wording in the Resolution from "between Skyline and Adams" to "Highland and Adams". The mtion failed due to the lack of a majority. ~ I - - ~ ~ ~ COUNCIL \\y 5 %?&? MEMBERS 2. 0 2. I i Casler Lewis 'E X Prescott xx Chick E Kulchin E . ,. /a Y MINUTES May 3, 1983 Page 8 r. ( I The following Resolution was adopted: RESOLUTION NO. 72 1 1 , DECLARING ITS INTENTION THAT TAMARACK AVENUE E" ADAMS TO SKYLINE BE DEVELOPED AS A 48-FooT PAVEMENT WITHIN EXISTING 60-FOOT IUGHT-OF- WAY. Council Member Prescott stated his objection to this Resolution was procedural and not due to the width of the street. He merely wanted a good study of the other section so it would be done right the first time. City Council :68) 21. AB #7376 - APPOlNDENTs TO BOARD OF DIRECTORS FOR THE FOUNDATION FOR CARLSBAD COMMUNITY CABLE TELEVISION. Mayor Casler announced the five members to the Board of Directors for the Foundation for Carlsbad Comnity Cable had not been appointed, waiting for the two television conpanies to have their non-profit status approved. Although this approval has not been granted as yet, she stated her intention to make the appointments and asked for recomndations from the Council Members. Council Member Kulchin nominated Mr. Bill Levinson for appointment to the Board. Mayor Casler submitted the names of Dr. Thomas L. Curtin, representing the School Board; Sharon Strong, and Mr. Levinson, already nominated by Council Member Kulchin; for one-year tern. Mayor Casler presented the names of Bill Dominguez and Robrt Sheppard for two- year terms. Council Member Prescott eqresssed agreement with the nominations. Mayor Casler announced the appointments would be made at the next regular meeting. (103) 22. AB #7363 - TRAFFIC SAFETY CCWTISSION APPOIMTMENT. The Council adopted the following Resolution: I RESOLUTION NO. 7201, APPOINTING PAT O'DAY TO THE CARLSBAD TRAFFIC SAFETY COMMISSION. 163) 23. AB #7377 - LIBRARY BOARD OF TRUSTEE APFQl2JTGNTS. Mayor Casler announced her intention to reappoint Sharon Schramm and Seena Trigas as Trustees on the Library Board at the next meeting. - - +% MEMBERS COUNCIL \y % % %% Q% % t Casler xx Lewis X Kulchin X Chick Prescott Casler Kulchin X Lewis xx X Prescott X Chick X 104 I. MINUTES - D 1 May 3, 1983 Page 9 COUNCIL REPORTS : Housing & Redevelopment Advisory Committee Council Member Kulchin gave a report on the latest Redevelopment grants. SANDAG Mayor Casler gave a report on the recent meeting. Senior Citizens Association myor Casler gave a report on the Senior Citizens nutrition program, and reported their Annual Meeting would be May 20 at the Cultural Arts Center. AasouRNMENT: By proper motion, the meeting was adjourned at 8:06 p.m., to Tuesday, May 10, 1983, 6:OO p.m., in the Council Chambers. Respectfully submitted, 2 @&+ ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt, Minutes Clerk - COUNCIL \\$ 5 3 % %* )r % MEMBERS % %% f