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HomeMy WebLinkAbout1983-05-17; City Council; Minutesf 11 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 17, 1983 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers B 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, Chick and Prescott. Absent: Councilwoman Kulchin. INVOCATION was given by Rector Douglas Woodridge of St. Michael's Episcopal Church. PLEDGE OF ALLEGIANCE was led by Assistant City Manager Frank Mannen. APPROVAL OF MINUTES: (one motion) The Minutes of the Regular Meeting held May 3, 1983, were approved as presented. The Minutes of the Adjourned Meeting held May 10, 1983, were approved as presented. PRESENTATION: Mayor Casler read a proclamation proclaiming May 22 to May 28 as National Public Works Week and presented the proclamation to City Engineer Roy Kackley. COfJSENT CALENDAR: Council confirmed the action of the Consent Calendar as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. rl (50) 1. AB #7381 - RATIFICATION OF DEMANDS, Council ratified the payment of demands against City in the amount of $2,063,077.63, for the period April 29 to May 6, 1983; Payroll demands in the amount of $276,509-38, for the period April 25 to May 8, 1983; and Housing demands in the amount of $56,611.61, for the period April 29 to May 6, 1983. I(105) 2. AB #7139 - Supplement #1 - FUND TRANSFER FOR PURCWE OF PLAYGROUND FQUIPMENT FOR LEVAtTE PARK. Council adopted RESOLUTION NO. 7218, appropriating funds to purchase playground equipment at Levante Park. " /Yo COUNCIL /\k 3 %$? MEMBERS % %% Casler xx Lewis X X Prescott X Chick Casler X Lewis xx Chick X Presccrtt X Casler xx Lewis X X Prescott X Chick t MINUTES May 17, 1983 Page 2 I I CONSENT CALENDAR: (Continued) I (81) 3. AB #7382 - ACCEPTANCE OF GIFT TO LIBRARY. Council adopted RESOLUTION NO. 7219, accepting the donation of a book return unit and two microfilm cabinets from the Friends of the Library. B -1 (81) 4. AB #7383 - ACCEPTANCE OF GIFT TO LIBRARY, Council adopted RESOLUTION NO. 7220, accepting the donation of a masazine rack in memrv of Bernard C . Schindler : L ( 70) 5. AB #7279 - Supplement #l - AWARD OF CONTRACT FOR (45) JEFFERSON SCHOOL BALL FIELD IMP- - PROJECT NO. 3716. - Council adopted RESOLUTION NO. 7221, accepting bids, waiving informalities in bidding process, and awarding the contract for the Jefferson School ball field improvements to Fritz A. Nachant, Inc. I (99) 6. AB #7384 - ACCEPTANCE OF PUBLIC I"ENTs - MS NO. 573 - SOUTH FORK. Council accepted the public improvements on the north side of Oak Avenue east of Valley, authorized the City Clerk to release bonds, and directed the Utilities and Maintenance Departments to cnmnce maintenance of the public streets associated with the subdivision. (50) 7. AB #7385 - CONTINGENCY TRANSFER FOR VARIOUS DEPARTMENTS. Council adopted RESOLUTION NO. 7222, authorizing the transfer of funds from contingency account to the Fire Department, Finance Department, Street Sweeping, and Building Departmnt budgets. I ORDINANCES FOR ADOPTION: (67) 8. AB #7369 - WISING MUNICIPAL CODE RELATING TO WORK IN PUBLIC RIG?3T+F-WAY. I Council adopted the following Ordinance: I ORDINANCE NO. 7066, AMENDING TITLE 11, CHAPTER 11 -16 OF THE CA€USBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 11.16 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SE@rICN 11.16.025 To REQUIRE NOTICE BEFORE WRKING IN THE PUBLIC RIGHT-OF-WAY, (114) 9. AB #7307 - Supplement # 1 - ZONE CODE m - BILL€3OARE - ZCA-164. I Council adopted 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 PFOVISICNS OF THE CARLSBAD ZONING ORDINANCE PEIiTAINING To REGULATION OF SIGNS INTO CONSISTENCY WITH CHAPTER 494 OF THE CALIFORNIA STATUTES OF 1982. c 129 MEMBERS COUNCIL \p %9$ Z. %$ 8 3, Z. Casler X Prescott X Chick xx Lewis X Casler X Prescott X Chick xx Lewis X MINUTES 128 D May 17, 1983 Page 3 ORDINAElCES FOR ADOPTION: (Continued) (114) ln AD u73 tu. ID ~1~70 - ZONE CODE m TO CREATE THE NON- RESIDENTIAL PLANNED DEVELOPMENT - ZCA-162 - CITY OF 2 -- --- - r, ww. ~ ~ ~~ Council adopted the following Ordinance: ORDINANCE Mo. 9685, AMENDING TITLE 21, OF THE CARLSBAD lvllJNICIPAL CODE BY THE ADDITION OF CHAPTER 21.47 ?o PAOVIDE FOR NON-RESIDENTIAL PLANNED DEVELOPMENTS. ('14) 11. AB #7371 - HCME OCCUPATIONS - ZCA-156 - CITY OF CARLSBAD. Council adopted the following Ordinance: ORDINVXCE NO. 9686, AMENDING TInE 21, CHAPTER 21.10, SECTION 21.10.010, SUBSECTION 21.10.010(7) OF THE CARLSBAD MUNICIPAL CODE BY REVISING SECTION 21.10.010(7) TO SET CONDITIONS FOR THE CONDUCT OF HOME OCCUPATIONS IN RESIDENTIAL ZONES. (114) 12. AB #7372 - SECOND UNIT ORDINANCE - ZCA-158. Council Member Lewis questioned the sewer hook-up on this Ordinance, and stated he felt it should be delineated in the Ordinance that there would be no additional sewer hook-up fee charged, whether the unit was attached or separate. The City Attorney stated that under current ordinances, if the unit were attached, there would be no additional sewer hook-up fee: but if it were separate, there would be. Ron Beckman, Assistant City Manager, Developmental Services, stated there had been a staff meeting on this subject, and Mr. Greer would be presenting a proposed revision to the sewer hook-up Ordinance which would deal with this particular situation. Council Member Prescott stated the sewer hook-up fee should be set out in the Ordinance, but possibly should be based on whether there is a cost to the City. If there is, then the applicant should be charged a fee. The Council voted to continue this Ordinance until the staff report regarding the sewer hook-up fee is received. PUBLIC HEARIMGS: (43) 13. AB #7353 - Supplement #1 - DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATE" - AUTO WRECKING YARD - 7200 PONTO DRIVE. Frank Mannen, Assistant City Manager, Administration, announced that staff and the attorney's office had been working with the owner on a settlement, and Mr. Orenyak would outline the settlement before the Public Hearing. ~ I T I I I MEMBERS COUNCIL \Y ""Oy!$, Z. %q 6 p, Z. Casler Chick X Lewis X X Prescott xx Casler Chick xx Lewis X X Prescott X Casler X Lewis X X Prescott xx Chick MINUTES 12 7 D May 17, 1983 Page 4 PUBLIC HEARINGS : ( Continued ) Marty Orenyak, Director of Building and Planning, gave a report on the agreement reached by staff, City Attorney, and Mr. Jim O'Neal, the owner's Attorney, following a visit to the site. Mr. Orenyak read pertinent sections of the agreement and reported the clean up of the junk yard would be corrpleted no later than November 30, 1983. The work would be done in sixths, and a report would be given to the City listing what was to be done, and the City wuld mnitor the dismantling work lists at the end of each mnth. The owner agreed to remve the yard and bring the property into compliance and staff felt there would be no useful purpose in holding a hearing at this time and reconmended the public hearing be cancelled and the agreement accepted. Council Member Lewis expressed the opinion that bonding to insure the compliance was necessary before he could approve the agreement. Council Member Prescott asked why the wall surrounding the property could not be taken out and Mr. Orenyak stated the wall had been erected legally and the City auld not tell them to remve it at this time. Mr. James O'Neal, 2741 Vista Way, Oceanside, addressed the Council as the owner's Attorney. He stated their position on the wall was that it was a valid wall and cannot be remved. On the question of the time allowed to remve the junk yard, Mr. O'Neal stated the time in the agreement was reasonable and could not be done in any less time. The City Attorney stated this matter was for the Council's discretion, but felt staff's recomnendation to accept the agreement was reasonable. He felt there was no reason to doubt the owner would keep the agreement, and the City could take action against him if he did not. Mr. O'Neal stated he could see no advantage to bonding, if it were possible, and in answer to query stated he would not advise his client to put up any kind of a guarantee. If the matter goes to court, it would take a great deal longer than if the Council accepts the agreement now. Mr. Orenyak explained the procedure the City intended to follow as being a photograph now and one 30 days from now to see if the listed amount of work had been done. This same procedure would be followed each mnth, and if the schedule was not kept, the Council could direct the City Attorney to take action. A motion was made to approve the agreement as written. The motion failed due to the lack of a majority. - MEMBERS COUNCIL \b %9+ .Z. 3!A+ @ '9, Z. Casler Lewis X xx Chick Prescott 126 MINUTES May 17, 1983 Page 5 1 PUBLIC HEARINGS: (Continued) B Mr. O'Neal suggested the matter be continued to the next regular meeting to allow time for him to meet with the City Attorney to work out the problem and attempt to resolve the concerns. Council Member Prescott noted his concern was that there needs to be assurance on conpliance with the agreevnt . Following brief discussion, Mayor Casler continued the matter to later during this meeting to allow time for Mr. O'Neal and the City Attorney to meet and attenpt to resolve the matter to Council's satisfaction. I ('*I 14. AI3 #7386 - STREET NAME CHANGE - SNC-21 - CITY OF CARISBAD. I Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item, as contained in the Agenda Bill, using two transparencies to show the location map and a close-up of the area. Mayor Casler opened the public hearing at 6:44 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed. I Council adopted the following Resolution: RESOLUTION NO. 7223, CHANGING THREE STREET NAMES: 1) PALMER AVENUE TO FARADAY AVENUE: 2) Los MONOS ROAD TO FARADAY AVENUE: AND 3) IMPALA DRIVE TO PAUER AVENUE PURSUANT TO CITY COUNCIL POLICY NO. 20. HOUSING AND REDEVEIQPI" CCMMISSION: Council adourned to the Housing and Redevelopment Comission at 6:45 p.m. and reconvened at 7:OO p.m. with Councilwoman Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: Engineering (97) 15. AI3 #7387 - APPEAL OF CITY ENGINEER'S DECISION REWING REIMBURSEMENT FOR mPAIRS TO ALGA ROAD. Richard Allen of the Engineering Department, gave the staff report on the matter, explaining a history of the matter, and current status. Mr. Peter von Elton, General Counsel, Mola Development Corporation, 808 Adams, Huntington Beach, addressed Council, stating the City should reinburse Mola Development fully for these repairs. The road was to be built to City standards only, which Mola mnpleted. Failure was due to subterranean water problem. He further stated Mola Development people were under the inpression from discussions with staff that the City would seek Council approval for cost participation independently as the repairs progressed. - COUNCIL \\k 5 %9 0 LG )r 7 MEMBERS % %% Casler xx Presmtt X Chick X Lewis X May 17, 1983 MINUTES Page 6 1 B Mr. Chris Christie, Mola Development, Huntington Beach, addressed the Council, stating they did not feel the responsibility for repairing the street was theirs after having repaired it several times. He stated City had inspected and approved each repair, He then gave a history of the matter since the request for the fourth repair. In answer to query, Mr. Christie admitted they had received Mr. Evans' letter clarifying any verbal agreement, but had continued with the repair work. He referenced the letter dated December 9, 1981, and stated Mola made the repairs as required in the letter and presumed staff would take the proper course to receive authorization for funding. The City Engineer stated the road problem only existed in the section of Alga Road widened by Mola Development, and became a problem after the road was installed. Mr. Christie stated the repair was up to the center line of the street which existed previously. Clyde Wickham, Assistant Civil Engineer, and staff me&r on this project, addressed the Council at their request, and stated his understanding was the City would participate in sharing the cost up to $1,000 on the soil testing. When the bill was presented by Mola, it was well in excess of that $1,000, but there was no agreement to support any other construction, Mr. Wickham also stated the work was done by sub-contractors of Mola, and no bids or cost estimates were submitted to the City. The Soils Engineer was also retained by their Company from another job near by. Council Menhrs questioned Mr. Wickham as to whether Mola Development knew before they started the repair work that the City would not share the cost on a 50-50 basis, and Mr. Wickham stated they did. The Council upheld the City Engineer's decision to deny the request by Mola Development for a 50% reimbursenwtnt of Alga Road repair costs; and Council directed staff to pay $955 for soils engineering and test to Mola Development. RECESS : Mayor Casler declared a ten-minute recess at 7:45 pgmg and Council re-convened at 7:55 p.m., with Councilwoman Kulchin absent. Mayor Casler announced that Item #13 would be considered at this time. (43). 13. AB #7353 - Supplement #I - DECLARATION OF PUBLIC NUISANCE ApaD ORDER FOR ABATEMENT - AUTO WRECKING MlRD - 7200 PONTO DRIVE. (Continued from page 5) The City Attorney reported that Mr. Orenyak, Mr. O'Neal and he had discussed this matter and didn't know whether this type of agreement could be bonded. 6 - /ds COUNCIL /\b % %' ? MEMBERS % s% Casler Chick xx Lewis X X Prescott X - D MINUTES May 17, 1983 Page 7 1 On the Council's concern with retaining supervision of the progress of the abatement, the suggestion would be to continue the hearing to the first meeting in July. At that time, Mr. Orenyak would report to the Council on the accomplished removal of one sixth of the yard, plus the removal of material shawing below the wall. This same procedure could be carried out for each thirt day period. He indicated Council could continue the hearing every 30 days until the agreement is conplete. At any time the agreement was not being fully amplied with, Council could then hold the hearing or take the matter to court, or both. T7 Mr. Biondo reminded the Council that this yard is a violation of the zoning ordinance and is subject to criminal prosecution, and the Council could proceed with criminal prosecution at any time. The recomndation would be to continue the hearing to the first meeting in July and approve the agreement with the revision of Section #5 as outlined. It should also be a condition to have the agreement signed within a few days. Council continued this item until July 5 and approved the agreement presented subject to the revisions of Section #5 as outlined by the City Attorney on the condition that the agreement is signed in the next two days. (97) 16. AB #5894 - Supplement #4 - MODIFICATION TO (45 ) MCDANIEL/CITY AGREEMENT ON AGUA HEDIONDA BRIDGE. Mr. Larry Dossey, Project Manager on this project, gave the staff report on this item, with the aid of a transparency showing the schedule for the roadway and the bridge, as contained in the Agenda Bill. Mayor Casler recomnded the matter be set to public hearing when it corres back with plans and specs. The Council adopted the following Resolution: RESOLUTION NO. 7224, APPROVING AND PROVIDING FUNDS , FOR A SUPPLEMENTARY AGREE"T FOR MCDAWIEL ENGINEERING COMPANY. City Manager (68) 17. AB #7388 - REQUEST TO ADDRESS COUNCIL - CAFSSBAD SENIOR CITIZENS I ASSOCIATION. Mr. Jack Jimmink, 1435 Chestnut Avenue, addressed the Council, reading the letter attached to the Agenda Bill, regarding the building of a Senior Citizens' Center on a site in Magee Park. Council Member Lewis questioned whether deed restrictions would prohibit this. The City Attorney stated the deed stipulates the property must be used in conjunction with the City's parks and recreation programs. He continued stating that senior activities are normally considered to be part of parks and recreation activities. /2q COUNCIL /\k % %' ? MEMBERS % $% ,- I i Casler X Prescott X Chick xx Lewis X Casler xx Prescott X Chick X Lewis X - B MINUTES May 17, 1983 Page 8 ~ The Council voted to refer this item to the Parks and Recreation Comnission for their recomndation. City Attorney (67) 18, AB #7389 - SMOKING ORDINANCE. The City Attorney gave the staff report on this item, as contained in the Agenda Bill. Mayor Casler stated she had a petition signed by City enployees in favor of adopting this Ordinance. Council Mexber Chick stated he felt the voters had stated they did not want an ordinance when the proposition failed on the state ballot, and this would be contrary to these expressed wishes, The Council adopted the following Ordinance: ORDINANCE NO, 5065, AMENDING TITLE 6 OF THE cARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 6-14 RELATING TO PROHIBITION OF SMOKING IN CEFTAIN PUBLIC AREAS. City Council (68) 19. AB #7376 - APmRil?MENTs TO THE BOARD OF DIRECTORS FOR THE FOUNDATION FOR CARLSEAD C0M"NITY CABLE TELEVISION. The Council adopted the following Resolution with the Levinson inserted for one-year terms, and Bill mminguez and Robert Sheppard for two-year terms: I names of Dr. Thomas Curtin, Sharon Strong, and William RESOLUTION NO. 72 12, APPOINTING FIVE MEMBERS TO THE FOUNDATION FOR CARLSBAD COMMUNITY CABLE TELEVISION (63) 20- AB #7377 - LIBRARY BOARD OF TRUSTEES APPOIMMENTS. The Council adopted the following Resolutions: (one mtion) RESOLUTION NO. 721 3, APPOINTING SHARON SCHRA" TO THE CFLRLSBAD LIBRARY BOARD OF "EES. RESOLUTION NO. 7214, APPOINTING SEENA TRIGAS TO THE ClRLSBAD LIBRARY BOARD OF "RUSTEES. (76) 21. AB #7310 - Supplement #2 - PLANNING COMMISSION APmINzMENT. Mayor Casler asked the Council for nominations for the Planning Commission Appointment and announced she would ask Councilwoman Kulchin to give a note to all the Menbers with her nomination. Mayor Casler nominated Elaine Lyttleton. Council Member Lewis nominated Victor Stephens. Council Member Chick requested mre time for his selection. Council Member Prescott nominated Jes Sinclair. T ld 3 - I ~ i ~ ~ ~ ~ ~ COUNCIL I\\ % %$? MEMBERS % s% Casler xx Lewis X Prescott X Chick X ~ Casler xx Prescott Chick X Lewis X Casler X Prescott X Chick X Lewis xx Casler X Prescott X Chick X Lewis xx - D MINUTES May 17, 1983 Page 9 (28) OFF-AGENDA ITEM: Mayor Casler requested an off-agenda item be discussed regarding the Citizens Advisory Comnittee for the Public Safety Center. The Council voted to consider the off-agenda item. Mayor Casler read the following list of names for appointment to the Carlsbad Operations Center Citizens' Comnittee which were submitted by the Chamber of Comnerce: Joe Bear, Bruce Liska, Oakley Parker, Ronald Rouse, Terry Richardson and Andy Bordewn. The Council voted to accept this Cornittee as presented and the guidelines for facility planning. This was turned over to Ron Beclanan for implementation. COUNCIL REPORTS : Outer Continental Shelf Meeting Council Member Prescott gave a report on the recent meeting. Regional Water Reclamation Agency Council Member Prescott gave a brief report on their recent meeting. LAFCO Council Member Prescott reported on a meeting in Santee Village Merchants Meeting Council Member Prescott reported on their recent meeting. Buena Vista Lagoon Committee Council Member Chick gave a brief report on the recent meeting held at Carlsbad. JAC Council Member Chick gave a brief report. - Parks & Recreation Commission Council Member Lewis reported on the recent meeting. Coastal Conservancy Meeting Mayor Casler reported on the meeting she attended last night. She stated she had received a letter from the Coastal Comnission asking her to serve as a member of the Agricultural Subsidy Review Board they propose to establish in the City. She continued stating the meeting of farmers the prior eveninq revealed they muld have nothing to do with the Board. - B2- COUNCIL \\y 5 %?$,,? MEMBERS .It (r, Z. Casler X Prescott X Chick xx Lewis X Casler Lewis xx Prescott X Chick X xl 12 I MINUTES - B .. May 17, 1983 Page 10 Therefore, she stated she had declined to serve on the E3oard because it appeared that a Board could not be formed since two farmers were also to serve. LCP - Mayor Casler stated the time may be right to resubmit the City's LB to the Coastal Codssion. She indicated she would investigate further and report back to Council. CIXlSED SESSION: The Council adjourned to a closed session at 8:55 p.m., on litigation and to instruct the City's negotiators. Council reconvened at 1O:OO p.m. and Mayor Casler announced that meet and confer and litigation had been discussed and no action taken. Council adjourned at 1O:Ol p.m. to Tuesday, May 24, 1983, at 6:OO p.m. in the Council Chambers. Respectfully submitted, dB Qa- ALm L. RAUTENKRANZ City Clerk Harriett Babbitt, Minutes Clerk d - COUNCIL /\k 3 %' ? MEMBERS % %% ~ i