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HomeMy WebLinkAbout1983-08-16; City Council; Minutes236 7 , e. MINUTES (501 (71) (96) (451 Meeting of: CITY COUNCIL (Regular Meeting) Date Time of of Meeting: Meeting: August 6:OQ p.m. 16, 1983 \\b 5 %p%? Place of Meeting: City Council Chambers COUNCIL /o $, 9/ 1 MEMBERS % 6 Z. CALL TJ ORDER: The Meeting was called to order by Mayor Casler at 6:02 p.m. ROLL CALL was taken by the Deputy City Clerk as follows: Present: Council Members Casler, Lewis, Kulchin, Chick and Presmtt. Absent : None. INVWATI0f;l was given by Mayor Casler. PLEDGE OF ALLEGIANCE was led by Councilwoman Kulchin. APPROVAL OF MINUTES: (one mtion) Minutes of the Regular Meeting held August 2, 1983, X Casler were approved as presented. Lewis X Kulchin xx Minutes of the Adjourned Regular Meeting held Auqust 2, Chick X Prescott 1983, were approved as presented. X cmsm CALENDAR: Council confirmed the action of the Consent Calendar, Casler X as follows: Lewis X Kulchin xx Chick X Prescott X WAISER OF ORDINANCE TEXT READIJ!G: Council waived the reading of the text of all ordinances and resolutions at this meting. 1. AB #7467 - RATIFICATION OF DE”X AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $2,253,913.87, for the period July 29 to August 10, 1983; Payroll demands in the amunt of $292,299.20 for the period July 18 to July 31, 1983; and Housing demands in the amount of $54,125.66, for the period July 29 to August 10, 1983. 2. AI3 #7187 - Supplement #2 - NOTICE OF CCMPLETION - RAILROAD PARKING Lcrr - PROJECT NO. 371 9. Council accepted the construction of the railroad parking lot as mqlete and directed the City Clerk to release the bnds thirty-five days after recorrdation. 3. AI3 #7409 - Supplement #1 - COhTTRACT FOR TRAFFIC SIGNALS AT PALOMA€? AIRPORT #AD AND ’4IAREww AND EL CYJYINo REAL AND CAMIN0 VIDA ROBLE. Council adopted RESOUJTION NO. 7327, accepting bids and authorizing the execution of contract nos. 3148 and 3149 for construction of traffic signals at Palomar Airport Road and Yarrow, and El Camino Real and Camino Vida Roble. - 235 MINUTES \\\ 5 August 16, 1 983 COUNCIL 3 %% ? MEMBERS % %% Paae 2 CONSENT CALENDAR: (Continued) (' 9 ) 4. AB #6538 - Supplement P2 - ACCEPTANCE OF PUBLIC IMPROVQVI~ FOR CARLSBAD 'TRACT 80-47 - NWFEX. Council accepted the sewer irrprovements, directed the Utilities Department to oomence maintaining the public sewer associated with CT 80- 47. 1 authorized the City Clerk to release bnds and (50) 5. AB #7465 - REFUND OF FEES. Council approved the refund of $1,549.00 to Dyna Graphics id $690.00 to Wilson/Brunk Construction for overpayment of fees. ( 50 ) 6. AB #7466 - REFUND OF FEES. Council approved the refund of $1,892.00 to 367 Jerez Coqany, $975.00 to Daon Corporation and $1,113.73 to Allan MacDouqall for overpayment of fees . ORDINANCES FOR INTRODUCTION: ( 5 7, 7. AB ~437 - Supplement SCI - GENERAL PLAN ~ENIYWNT, ('I 3, ZONE CHANGE AND SITE DEVE~~ PLAN FOR. 24-UNIT APARTMENT - GPA-69(B)ZC-27//SDP-83-5- ZIPIIMERMAN/CH. This item was oontinued to the September 6, 1983, meeting. ORDINANCES FOR ADOETION: ( 36 ) 8. AE3 #7458 - CCMPENSATION OF CITY CLEF3 AM) CITY (39) TREASURER. Council adopted the following Ordinance: Casler X Prescmtt 2.C8.020 AND 2.08.030 TO ADJUST WE COMPENSATION FOR. 'IHE X Chick THE CARLSRAD MUNICIPAL CODE BY THE Am OF SECTIONS xx Kulchin ORDm'CE NO. 1265, AMENDING TITLE 2, CXAPTJZR 2.08 OF X Lewis X CITY CLERK AND THE CITY TREASURER. ( 67 ) 9. AB #7459 - ADMINISTR9TIVE FEVISIONS TO VARIOUS SECTIONS OF THE CAFXSBAD MUNICIPAL CODE. b Council adopted the following Ordinance: X Casler Lewis DEPA.RTMENTAL DESIGNATIONS. X Presoott CHAPTERS AND SECTIofaS 'IO CORRECT PSSOF?TED POSITION PBD X Chick CARLSBAD MUNICIPAL CODE BY TFIE A"m OF VARIOUS xx Kulchin ORDINANCE NO. 1266, AMENDING TI[TLES 18, 1 9 AND 20 OF TEE X ( 79) 10. AB a7461 - LANDSCAPE GUIDELINES MPSJUAL. Council adopted the following Ordinance: X Prescott 1 1 .06.025 TD PROVIDE J33R A IANDSCAPE GUIDELIW IWJYUAL. X Chick THE CARLSE3AD MUNICIPAL CODE BY THE AODITION OF SECTION xx Kulchin ORDINANCE NO. 81 01, ANENDING TITLE 11 , CHAPTER 1 1.06 OF X Lewis X Casler 23Y MINUTES (88) (99) (113) (99) /\b %pw August 16, 1983 Page 3 COUNCIL /o %p/ MEMBERS * @ Z. 11. AB #7462 - HEALTH PERMIT FEE REVISIONS. Council adopted the following Ordinance: X Presmtt PERMIT FEES SHALL BE DETERMINED BY 'IHE COUNTY OF SAN X Chick ADDITION OF SECTION 6.02.030 'Io PROVIDE ?HAT HJ2ALm xx Kulchin ORDINANCE NO. 5067, AMENDING TITLE 6 CHAPTER 6.02 BY TIIT: X Lewis X Caslert DIEGO. PUBLIC IBARINGS : 12. AB #7468 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 82-26/CP-223 - T.P.B. INvEs?pIIENTs. Bill Hofman, Principal Planner, gave the staff report as contained in the Agenda Bill, using transparencies and wall maps to show the project site. In answer to query regarding the flood plain, Mr. Hofrr?ar stated this property was located above the golf course and the ground elevation only needed one additional foot. to be added with qradinu to be above the flood plain. Mayor Casler opened the public hearing at 6:13 p.m. and issued the invitation to speak. Mr. John Helm, 7302 El Fuerte, Architect and one of the developers of the project, a-ressed Council stating he would answer any cpestions. Since no one else wished to speak on this ratter, the public hearing was closed at 6:14 p.m. Council directed the City Attorney to prepare documents Casler X approving CT 82-26/CP-233. Lewis X Kulchin xx Chick X Prescott X 13. AB #7469 - ZONE CE??GE, TENTATIVE MAP AND CoNDoMRilIW, PF;RE.IIT - ZC-283/CT 83-13/CP-237 - ELDER. Charles Grim, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency and wall maps showing the site and proposed project. Mayor Casler opened the public hearing at 6:22 p.m. and issued the invitation to speak. Mr. Jerry Elder, La Jolla, the developer, addressed the Council stating the proposed project will be close to shopping, restaurants and transporta.tion. He stated the density was appropriate due to open space on two sides: Quail Ridge to the east and open space on the Master Plan to the north, and agreements will be entered into for joint mintenance of the open spaces. Mr. Elder added the units will be built as rentals and held as rentals for a period of time. 2 33 MINUTES /\b %p%2 August 16, 1983 Page 4 COUNCIL /o %3/ MEMBERS Z. 8 + PUBLIC HEARINGS : (Continued ) Mr. James Sorrentino, 2512 Via Astuto, addressed the Council, representing himself and 273 homeowners who own the property adjacent to this subdivision. He stated the majority of the Owners received no notification of the zoning change ar the hearing tonight. He stated the grading could affect the aomn property. Mr. Sorrentino requested Council set the hearing aside until all members of the association could be notified of the re-hearing and have a chance to review the plans for the subdivision. Ms. June Applegate, 2911 Via Libertad, a Civil Engineer, addressed the Council as a homeaJner in the area. She stated she had looked at the tentative map, which included grading, and found it to be beneficial to the property owners . In answer to a question from Council as to whether she received notification, she stated she had not, but the homeowners' association did receive notice. Mr. Elder answered the notification problem by stating they had prepared lists from the tax rolls of property owners within a 300 ft. radius of the property and had supplied stamped envelopes for the Planning Comnission hearing and for the Council hearing. Mr. Elder stated a rmtual grading agreemnt had been sent to the Board of Directors to repair damaqes caused by the winter storms, and an agreement has been signed by them for the slope grading. Since no one else wished to speak on this matter, the public hearing was closed at 6:35 p.m. Councilman Lewis expressed concern about the traffic circulation and felt after the Circulation Codttee recornendations had been made, perhaps staff would want to look mre closely at the traffic problem in that area. Council directed the City Attorney to prepare documents Casler X approving CT 83-13/CP-237 and introduced the following Lewis X Ordinance: Kulchin X Chick xx ORDINANCE NO. 9697 , AMENDIS TITLE 21 OF ?HE CARLSBAD X Presmtt 1 MUNICIPAL CODE BY AMENDING 'IHE zCNING MAP FROM R-1- 10,000 TO RD" CN APPROXIMATELY 6.6 ACRES ON PFOPEXTY GENERALLY lD3QED AT ?HE SOUTHEAST CDI?KER OF AVENIDA DE ANITA AND MA.R.Ra FOAD. (114) 14. AB #7414 - ZONE CODE Ab!!= REVISING THE P-M ZONE - ZCA-166 - CITY OF CAlUSBAD. Bill Hofman, Principal Planner, gave the staff report as contained in the Agenda Bill. Mayor Casler apened the public hearing at 6:39 p.m. and issued the invitation to speak. Since no me wished to speak m this matter, the public hearing was closed. 23 2d MINUTES August 16, 1983 Paqe 5 I PUBLIC HEARWS: (Continued) I Council introduced the following Ordinance: ORDIXAP?CE ?X@. 9693, AMENDING TITLE 21, CHAPTEE. 34 OF THE CARLSBAD MUJSJICIPfiL CODE BY REVISING THE P-M(PLANNED INDUSTRIAL). HOUSING AND REDEVEIXXYENT EMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:40 p.m. and reconvened at 6:43 p.m. with all Council Members present. DEPARTMEMTAL AND CITY MANAGER REPORTS: ( 86 ) 1 5. REQUEST FIX&! FVWCHO CARLSEAD MOBILEHCME UQSJ3R NECDTLATING COMM1"EE TO ADDRESS COUNCIL. ~~ ~ ~ ~~~. Mr. Richard Singer, Attorney, 2437 Second Avenue, San Dieqo, addressed Council representing the Rancho Carlsbad homeowners. Mr. Singer gave a history of the rent problems the park has experienced over the years and the resultinq remval of 250 coaches from the park within the last two years. Mr. Singer called attention to the Ordinance submitted to the Council, statinq it is not a rent mntrol Ordinance, but calls for arbitration between the mer of the park and the tenants. He added the Ordinance would apply only to mbilehome parks with mre than 25 spaces. If no satisfactory agreement muld be reached between the owner and tenants, then an arbitrator would be appointed to fix fair rents. Mr. Singer stated a mpy of a lease form had been received by him today, and no formal meetinq had been held to determine the feelings of the tenants. He stated the lease form had my objectionable items on it and he felt it would not be acceptable to the tenants. Mr. Jack Stofer, 6550 Ponto Drive, Lanikai Lane Mobile Park, addressed the Council, stating any rent arbitration agreement would have his full support. Mayor Casler remmnded. to the Council that further study be done on this matter as far as the figures given on the rent increases and the new lease form. She felt the Homeowners Association should study this lease form and that Council should wait until the end of September to take action. The Mayor stated she would like to have mre information from both sides on this matter. Any Ordinance passed would affect all mbilehome parks, and Mayor Casler felt those parks should be heard from to determine whether they are dissatisfied. B Councilman Lewis agreed with Mayor Casler and added if a reasonable agreement muld not be reached, the people should return to Council and Council should take action. Councilwoman Kulchin inquired about the meetings and who was representing the mer, and Mr. Singer answered that Mr. Orenyak was meeting with the tenants, as MI. Schwab had refused to meet with them. \\b 5 %pW COUNCIL "0 $9/ 1 MEMBERS .;t (s, Z. Casler X Chick xx Kulchin X Lewis X X Prescott 1 a31 MINUTES (93) . (86) /\\ %pW August 16, 1 983 Page 6 COUNCIL "0 %.p/ MEMBERS + 8 + Mrs. Margaret Perry, 3437 Don Alberto Drive, addressed Council, requestinq a show of hands of people in the audience who had picked up a copy of the proposed lease. Mayor Casler asked for a shcrw of hands, and announced approximately one third of the people present had already picked up a copy of the proposed lease, Mayor Casler stated the Council would wait until September 29 to consider action on the matter. No action was taken by Council on this item. RECESS : Mayor Casler called a recess at 7:19 p.m. and Council reconvened at 7:31 p.m. with all Council Menbers present. 16, AB 87470 - WWST FOR WAIVER OF SmR CAPACITY FEE , City Engineer Roy Kackley gave the staff report on this item, using a transparency to show the calculation of this fee, as mntained in the Agenda Bill, stating an error had been made, and Mr. Hoffman actually owes the City $8,000 additional fees. Marty Orenyak, Building and Planning Director, reported the restaurant had ken a take-out restaurant, but is nOw a sit-down restaurant of *proximately 60 seats. Councilrrm Prescott stated that he would not take part in the discussion and would abstain from voting due to E. possible mnflict of interest, Mr. Jay Hoffman, 4901 El Camino Real, the applicant, addressed Council, stating he had invested a considerable amount of mney in cesspools due to the inability to mnnect to the sewers. He gave an account of the history of the building and the tenants. In answer to question from Council, Mr. Kackley stated that once additional fees are paid, they remain as a credit on the property. Mayor Casler stated in view of what has been presented tonight, she would like mre information on this item. Council continued this item until September 6, 1983. Casler xx Lewis x Kulchin X Chick X Prescott - 17. AB #7471 - APPEAL BY K, J, CRISMAN FOR EXTENSION OF BUILDING PEI7MIT. This item was continued to the next Council Meeting, September 6, 1 983. 4410 MINUTES (110) (74) ( 10.0 ) (31) \\b 5 %.Pw August 16, 1983 Page 7 COUNCIL /o $,% 1 MEMBERS Z. 0 Z. Utilities 18. AB #7472 - WATER RATE. Roger Greer, Utilities Director, gave the staff report on this item as mntained in the Agenda Bill. In reply to a question from Council, the City Attorney explained the difference in rates is due to the difference in methods of financing of the districts. Council adopted the following Resolution: X Casler X Prescott X Chick xx Kulchin RESOLUTION NO. 7328, REVISING WATER RATES AND CflARGES. X Lewis Personnel 19. AT3 #7473 - ENGINEERING DEPARTMENT REORGANIZATION. City Manager Frank Aleshire gave the staff report on this item as mntained in the Agenda Bill. Council adopted the following Resolution: Casler X Lewis X Chick THE CITY R3 CHANGE T€IE CLASSIFICATION OF ASSOCIATE CMI xx Kulchin RESOLUTIofa NO. 7329, AMENDING !tHE CLASSIFICATION PLAN OF X ENGIJWER, RECLASSIFY CERTAIN POSITIONS, AND A"D "IE 1983-84 OPERATING BUDGET. X Prescott Finance 20. AB #7474 - TAX RATES AND BONDS FOR FISCAL YEAR 1982- 84. Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolutions: Casler X Lewis X RESOLUTION NO. 7330, FIXING ?HE AMOUNT OF REVENUE Fl3OM Kulchin Chick PROPEm TAXES NECESSARY R3 PAY "E BONDED INDEBTEDNESS xx X Prescott OF THE "1962 SEWER BONDS, SERIES A, B AND C" AND "1966 X LIBFARY BCNDS" FOR FISCAL YEAR 1983-84. RESOLUTION NO. 7331, SETTING ?HE TAX RATE FOR ?HE 1983- 84 FISCAL YEAR. Building 21. AI3 #5778 - Supplement #12 - CLARIFICATION OF IMFOSITIOM OF BUSINESS LICENSE TAX. Council introduced the following Ordinance: Casler X Lewis xx ORDINANCE NO. 6072, AMENDING TITLE 5, CHAPTER 5.09 OF Kulchin X THE CARLSBAD MUNICIPAL CODE BY TIE HEWMENT OF SECTION Chick X 5.09.030 m CLARIFY ?HE CIRCUMSTANCES FOR IMPOSITION @F Prescott X THE BUSINESS LICENSE TAX ON NEF! mSTFCJCI'ION. - MINUTES August 16, 1983 Page 8 Engineerinq 22. BATIQUITOS SJiWER. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to shaw the location of the sewer lines. AB #7475 - SEWER FEES FOR AREAS TRIBUTOFE 'IO NORT7-I Council adopted the following Resolution: RESOUTTION NO. 7332, ESTABLISHING REIMBUFSEMENT FEES ?XI5 CONNECTION TO ?HE NDRTliI BATIQUI'ros SEWER IJNE. 23. AB #7476 - SPEED LIMITS FOR MARRON FUND. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to shaw the affected area of Marron Road. Council introduced the following Ordinance: ORDINANCE 3162, AMENDING TITLE 10, CHAPTER 10.44 OF "E CARLSBAD MUNICIPAL OODE BY 'IHE ADDITION OF SECTION 10.44.130 'IO REVISE 'IHE SPEED LIMIT ON MARFXlN WAD. 24. AB 87477 - SPEED LIMITS EUR HOSP WAY. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 3163, AMENDING TITLE 10, CHAPTER 10.44 MUNICIPAL CODE By 'IHE ADDITION OF SECTION 10.44.140 l'C) REVISE 'IHE SPEED LIMIT ON HXP WAY. 25. AB #7478 - SPEED LIMITS FOR ALGA ROAD. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to shaw the affected area of Alga Road. The City Attorney stated the City Council had considered special factors that were not marent in establishing a speed limit lower than the speed survey indicated. Council introduced the follawing Ordinance: ORDINANCE NO. 3164, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL (XIDE BY AMENDING SECTION 10.44.090 !ID REVISE THE SPEED LIMIT CbJ ALI;A l33AD. 26. AB #7480 - APPROVING Am- FOR EJGINEEFUNG SERVICES FOR SEWER MASTER PLAN WITH "E, BRUDIN & STONE, INC. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill. Casler Lewis Kulchin Chick Prescott Casler Lewis Kulchin Chick Prescott Casler Lewis Kulchin Chick Prescott Casler Lewis Kulchin Chick Presmtt Ad8 MINUTES \\b 5 %p%? August 16, 1 983 Page 9 COUNCIL /a $ % ' MEMBERS 5 (I, 5 Council adopted the following Resolution: X Prescott CONSULTING SERVICES To DEVELOP A SEWER "ER PLAN FOR X Chick CITY OF cARz;sBAD AND NESTE, BRUIN & STONE, INC. FOR xx Kulchin FESOLUTICN NO. 7333, APPROVING AN AGREEMENT EE"I%EEN ?HE X Lewis X Casler THE CITY OF CARLSBAD. OFF-AGENDA ITENS : ( 70 ) Change Order for Dredging Contract Council voted to mnsider an off-agenda item on the X Kulchin Buena Vista Lagoon. X Lewis the change order for the dredging contract on the xx Casler Chick X Prescott X Roy Rackley, City Engineer, gave the staff report on this item, stating a change order is needed for additional dredging, additional islands and grading an area in the southeast corner of the lagoon behind the existing fence for a twenty-five car parking lot. He added that the Department of Fish and Game has requested an area for beach, duck feeding and fishing. In answer to a question from Council, Mr. Kackley stated the access to the parking would be off of Jefferson with a right-turn in and out. Council Member Chick stated he did not remember discussing a parking lot. Councilman Lewis stated he thought this was to be a passive area and now it is a fishing and parking area. Mr. Kackley explained the urgency of this matter was that the initial work is 98 percent mnpleted and the contractor mst be mtified imnediately of any change. City Manager Frank Aleshire stated it would be wiser to go ahead with the change order and study the traffic problems at a later time. Council approved the change order to the Calco Casler X Construction Contract for dredging the Buena Vista Lewis X Lagoon to increase the munts as requested by the Kulchin X Department of Fish and Game, with the exception of Chick X public use of the parking areas. Presmtt xx Public Information Program - Public Safety Center Council voted to mnsider an off-agenda item on the Casler xx Public Information Program for the Public Safety Lewis X Center. Kulchin X Chick X Presmtt X )i E 1 City Manager Frank Aleshire gave the staff report on this item as contained in the Agenda Bill which he distributed to Council, calling attention to the draft proposal contained there. Mr. Herb Williams, Project Director, addressed the Council, explaining some of the terminology used in the report, and also explaining the total of $32,200 did not include pstage. L r22 7 MINUTES \\k 5 %pW August 16, 1 983 Council adopted the following Resolution: Casler xx Chick ASSOCIATES El CONDUCT A PUBLIC EDUCATION PROGM EOR ?HE X Kulchin RESOLUTION 7336, ACCEPTING ME PRoposAL OF WILLIAMS AND X Lewis X X Prescott PUBLIC SAFETY AND SEWICE CENTER AM) AUTHORIZING ME EXEXNJITURE OF 'IHIFiTY W MOUSAND "l HUNJImD DOLLARS FOR SAID PROGRAM. COUNCIL "0 $, % t Page lo MEMBERS s 6 Z. (62) Council Position opposing State's Action to Confiscate Local Government Revenues. Council voted to consider an off-agenda item Casler X Lewis establishing a position apposing the recent X xx Chick government revenues. X Kulchin state legislation which confiscates local Prescott X Council adopted the following Resolution: Casler X Lewis X RESOLUTION NO. 7335, OPPOSING ME STATE LEGISLATURE'S Kulchin X ACTION CONFISCATING UXAL GOWRNMENT RIWENUES. Chick X Prescott xx ( 10 4 ) Bullet Train Council voted to consider an off-agenda item to take a X Kulchin xx Lewis position on the bullet train issue, X Casler X Prescott X Chick Councilman Prescott stated he would like Council to consider taking a position on the bullet train as he will be attending a meeting to represent the City and felt opposition should be voiced at that time. Mayor Casler stated she could not take a position at this time as she felt mre information was necessary, Councilman Chick mncurred with Mayor Casler's remarks. Council voted to go on record as opposing the bullet Casler train at this time. Lewis xx Kulchin X Chick Prescott X CLCXSED SESSION: Council adjourned at 9:04 p.m. to a Closed Session. Mayor Casler announced that labor negotiations would be discussed. Council reconvened at 10:25 p.m. with all Council Members present. Mayor Casler announced that labr relations and litigation had been discussed and no action taken. ADJOUFNVEKP: By proper mtion, the meting was adjourned at 10:26 p.m, Respectfully submitted, B Deputy City Clerk Harriett Babbitt, Minutes Clerk