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HomeMy WebLinkAbout1983-09-06; City Council; MinutesI *. MINUTES 29 MEETING OF: CITY COUNCIL (Regular Meeting) DATE TIME OF OF MEETING: MEETING: September 6, 1 983 \\$ 6:OO P.M. %pW PLACE OF MEETING: City Council Chambers COUNCIL /o %% MEMBERS Z. 8 Z. CALL TO ORDER: The meting 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 Presmtt Absent : None INVOCATION was given by Reverend George DeWeese of the Christ United Presbyterian Church. PLEOGE OF ALLEGIANCE was led by Council Member Prescott . APPKVZ& OF MINUTES: (one mtion, with Council Menher Casler X Chick abstaining for the vote on the minutes of the Lewis X meetinu held August 9, 1983.) xx Kulchin Chick X Minutes of the Adjourned Regular Meeting held August 9, Prescott x 1983, were approved as presented. Minutes of the Special Meeting held August 12, 1983, were approved as presented. Minutes of the Regular Meeting held August 16, 1983, were approved as presented. PRESENTATION: Mayor Casler presented a plaque to Mr. Frank Kennedy- Damiano, President of the Plaza Merchants Association, in appreciation of their assistance with the fireworks display on July 4, 1983. CONSENT (YlLmDAR: Council Member Chick requested that Item No. 10 be remved from the Consent Calendar. Council Member Lewis requested that ItemNo. 8 be remved from the Consent Calendar. Council confirmed the action of the Consent Calendar, Casler X with the exception of Item No. 8 and 10, as follows: Lewis x Kulchin xx Chick X Prescott X B WAIVER OF ORDmCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. (50) 1. AB #7492 - RATIFICATION OF DEPIANDS AGAINST THE CITY. Council ratified the payment of demds aqainst the City in the amount of $952,717.42, for the period August 12 to August 30, 1983; Payroll demands in the amount of $292,381.14, for the period August 1 to August 13, 1983; and Housina demands in the amount of $207.00 for the period August 12 to August 30, 1983. r (81) (99) (99) (97) (45) (51) (41) (91) (29) (74) MINUTES 0 0 Page 2 w COUNCIL * * September 6, 1983 MEMBERS % 1 2. AB #7481 - ACCEFTCE OF GRAJE' DEED FOR RIGHT OF ACCESS ON EO! AVENUE AMD EL CAMTEJO REAL. Council adopted R!3SOLUION NO. 7337, accepting a grant deed from Elm Properties. 3. AB #7482 - ACCEPTANCE OF PUBLIC I"ENTs - MAGNOLIA AND MONROE STREETS. Council accepted the improvements, authorized the City Clerk to release bonds and directed the Utilities and Maintenance Departments to mmnce maintaining the public streets associated with this project. 4. AB #6858 - Supplement #3 - FINAL MAP - CT 81-44 - HOWAFU) ANDERSON. Council approved the final mp of cf 81-44. 5. AB #7316 - Supplement #2 - NOTICE OF COMPLETION - EiLLFY IMP- - MADISON AND ROOSEVELT STReETS - PROJECT No. 3717. Council accepted the construction of alley inprovements as complete and directed the release of bnds after recordation of the Notice of Coqletion. 6, AB #7483 - AUTHORIZATION FOR FIRE MARSHALL To TRAVEL OUT OF STATE To AT?XND COMPUTER CLASS AT NATIONAL FIRE ACADEMY IN MARYLAMI. Council authorized the Fire Marshall to travel to the National Fire Academy in Edttsburg, Maryland, to attend a murse on use of mn-puters for fire service management. 7. AB #7485 - S- OF HOERNLEIN V. CITY OF CARLSEW). Council approved the release and settlement agreement in the case of Hcernlein V. City of Carlsbad. 9. AB #6079 - Supplemnt #lO - REQUEST TO RAISE SCHOOL FEES IN THE SAN MAIicos SCHOOL DISTRICT, Council adopted Resolution No. 7339, raising school fees in the San Marcos School District. (See Page 3 for subsequent action) 11. AB #7487 - CONTINGENCY TRANSFER FOR 1983-84 SALARY PJXXSTEV? AMD WEED Al3A"EKC COSTS, Council adopted RESOLUTION No. 7340, authorizing the transfer of funds from the contingency account to fund 83-84 salary adjustments and weed abatement msts. i 12. AI3 #7488 - AMENDING THE CLASSIFICATION PLAN. Council adopted RESOLUTION NO. 7341, amending the classification plan of the City to adopt the classification of buyer and reclassify certain positions. 4$ v% f 0 (8 (5 (9 (7 (9 (5 MINUTES Page 3 \b %9 A SPD" 1981 MEMBERS $ 8 $ COUNCIL /o $0, - 1) 13. AI3 #7489 - ACCEPTANCE OF GIFT TO THE CITY OF amm LIBRARY. Council adopted RESOLUTION NO. 7342, accepting a gift of $350 for the library. 9) 14. AB #7468 - Supplement #I - 'IFNTATIVE TRACT MAP AND coND0FIINI~- PERMIT - CT 82-26/CP-223 - T.P.B. INVES-. Council adopted RESOUJTION No. 7343, approving a 3 lot/72 unit tentative tract map (CT 82-26) and condominium permit ((2-223) on an 11.3 acre pare:. on property generally located on the southeast corner of Alicante Road and Zmra Way. 0) 15. AB #7490 - CARRY E'QRJARD OF PRIOR YEAP, EMcuMBRPJlJcEs. Council adopted RESOLUTION No. 7344, authorizing the appropriation of funds to fund encumbrances outstanding as of June 30, 1983. 2) 16. AI3 #7491 - REQUEST FOR ENCROACHMENT PERMIT FOR A '3) FENCE AT THE ENCINA WAmR POLLUTION COJTCFUIL FACILITY. Council -roved the requested encroachment permit and waived the $50 fee. '3) 17. AB #7480 - Supplement 81 - APPROPRIATING F'UNDS FOR ENGINEERIMG SERVICES FOR SWR MASTER PLAN. Council adopted RESOLUTION No. 7347, appropriating funds for mnsulting services to develop a sewer mster plan and transferring funds to the project account, ITEMS REMOIED FRCM THE CONSENT CALENDAR: 11) 8. AR #6079 - Supplement #9 - REQUEST TO REVISE SCHOOL FEES IN THE ENCINITAS SCHOOL DISTRICT, Council Member Lewis referenced Item No. 8 and Item No. 9 and questioned whether there were any provisions should the enrollment in the schools decline. Ke suggested that it might be desirable to look at the matter in that it appeared if there was a decrease in enrollment that the fees would decrease also. Casler X Council agreed to reconsider their previous rmtion Lewis X which approved the Consent Calendar. Kulchin X Chick X Prescott xx Council approved the Consent Calendar with the Casler X exception of Items No. 8, 9 and 10. Lewis X Kulchin xx Chick X Prescott X Council returned Items No. 8 and 9 to staff for Cas ler X additional information on enrollment figures for the Lewis xx districts for the last three years. Kulchin x Chick x Prescott X I (36) (99) (114) (31) (102) MINUTES d Page 4 COUNCIL \\$ 5 % 5% d Sen- 6, 1983 MEMBERS % %% 10. AB #7486 - DUPLICATION EQUIPMENT. Council Member Chick referred to a meeting held that morning with staff and the City Manager and expressed the desire that staff obtain cost figures with regard to contracting the City's duplication work. Casler X Council continued the ratter for further infomtion Lewis X about contracting for duplication work. Kulchin X Chick xx Prescott ORDINANCES FOR ADOPTION: 18, AB #7469 - Supplement #1 - TENTATIVE TRACT MAP, CONDOMINIUM PERMIT, AND ZONE CHAKE - ZC-283/ CT 83-13/CP-237 - ELDER, Council adopted the following Resolution 2nd Ordinance by one mtion: Casler Lewis RESOLUTION NO, 7345, AppRovING A 131 UNIT Presmtt PERMIT (CP-237)- Chick TENTATIVE TRACT M1p ( CT 83-1 3 ) AND CONDOMINIUM Kulchin ORDINANCE NO. 9697, AMENDING TIYLE 21 OF THE CARLSBAD MUNICIPAL CODE BY "DING THE ZONING MAP 'IO QiAwT A CHANGE OF ZONE ( X-283) FROM R-1- 10,000 TO RD" ON 6.67 ACRES OF PmPEKI'Y GJ3NE-Y LOCATED ON ?HE SOUTEiEAST CDRNF,R OF MARRON ROAJI AND AVEMIDA DE ANITA. 19. AB #7414 - ZONE CODE m REVISING THE P-M (PLANNED lNDUSW) ZONE - ZCA-166 - CITY OF CARLSBAD. Council adopted the following ordinance: Casler Lewis ORDIMANCE No. 9693, AMENDING TITLE 21 , CHAPTER 34 Prescott (PLANNED IXJDUSTRIAT;) ZONE. Chick OF THE CARLSBAD MUNICIPAL CODE BY REVISING THE F" Kulchin 20. AB #5778 - Supplemnt #12 - AN ORDINANCE CLARIFYING THE INFOSITION OF THE BUSINESS LICENSE TAX. Council adopted the following ordinance: Casler Lewis ORDINANCE NO. 6072, AMENDING TITLE 5, OHAPTER LICENSE TAX ON hEW CONSTRU~ION. CIRCUMSTANCES FOR IMPOSITION OF THE BUSINESS Prescott AMENDMENT OF SECTION 5.09.030, '10 ClllRIFY THE Chick 5.09, OF THE CARLSBAD MUNICIPAL OODE BY TEE Kulchin 21. AB #7478 - REVISIhG TJiE SPEED LIMITS FOR ALGA ROAD. Council adopted the following ordinance: Casler Lewis ORDINANCE NO. 3164, AMhrDING TITLE 10, CHAPTER ALGA mAD. Prescott SECTION 10 , 44.090 TO REVISE THE SPEED LIMIT ON Chickk 10.44, OF THE CARLSBAD MUNICIPAL CODE BY 2!MENDING Kulchin I (102) (102) (43) (25 1 a4 MINUTES Page 5 COUNCIL \\b 5 % %' 3 MEMBERS % %% I 6; IQR? , --- 22, AB #7477 - FEVISING SPEED LIMITS -FOR HOSP WAY. Council adopted the following ordinance: Casler ORDINANCE NO. 3163, AMENDING TITLE 10, CHAPTER X Lewis X X Prescott ADDITION OF SECTION 10.44.140 !IO REVISE THE SPEED X Chick 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE xx Kulchin LIMIT ON HOSP WAY, 23. AI3 #7476 - REVISING SPEED LIMITS FOR MAF&X)N ROAD. Council adopted the following ordinance: X Prescott ADDITION OF SECTION 10.44.130 !IO REVISE 'IHE SPEED X Chick 10.44 OF THE CARISBAD MUNICIPAL ODE BY 'IHE xx Kulchin ORDINANCE NO. 31 62, AMENDING TITLE 10, CFAPTER X Lewis X Casler LIMITS Oca - FOAD, PUBLIC €IEARmGs: 24. CONTINUED PUBLIC HEARING ON DECLARATION OF PUBLIC NUISANCE AND ORDER FOR AEiA"ENT - AUTO WRFCKING YARD - 7200 PONTO DRlvE. Marty Orenyak, Director of Buildinq and Planning, gave the staff report and stated that staff has continued to mnitor the property and believe that half of the materials have been remved. He rearrunended that the public hearinq be mntinued. Mayor Casler indicated that since there would not be a majority of council members present for the October 4, 1983, meetinq, the item should be continued to the meeting of October 11, 1983. Council continued the mtter to the meeting of October Cas ler X 11, 1983. Lewis xx Kulchin X Chick X Prescott X 25. AB #7430 - Supplement #2 - HUNGTINGTON PALOMAR ANNEXATION. Mike Holzmiller, the Land Use Planning Manager, gave a staff report with the aid of a transparency showing the location of the properties proposed for annexation. He also explained the procedure necessary to approve the annexation. Mayor Casler opened the public hearing and extended the invitation to speak. Since no one wished to speak on the mtter, Mayor Casler closed the public hearing at 6:30 P.M. Council adopted the following resolution: Casler X Lewis X RESOLUTION NO. 7346, APPROVING THE ANNEXATION OF Kulchin xx 138 ACRES OF UNINHABITED LAM>, GENERALLY LIXATED Chick X BETWEEN 1-5 AND PALOMAR AIRPOm. ON 'IHE NoIiTH SIDE OF PALOMAR AIRPOKL' €Om, x Prescott ( a4/ MINUTES Page 6 DEPAFtIWNT2A.L AND CITY MANAGER REPORTS: Building 30) 26. AB #7471 - APPEA.L OF K.J. CRIm FOR EXTENSION OF BUILDING PERMIT. Marty Orenyak, Director of Buildinq and Planning, gave a staff report on the matter, as contained in the agenda bill. He also referred to a wall exhibit and explained what work had actually been done m the property, versus what needed to be done in order to have met the definition of "mnmencernent of work" under industry standards and 6epartment policy. Council recognized Mr. Jeff Crisman, 3485 Valley Street, Carlsbad. Mr. Crisman distributed four sheets of paper to muncil containing: (1) a mpy of the wall exhibit; (2) display of the munt of pour in conjunction with the property; (3) inspection record on the property: and (4) mpy of page 303 of the Uniform Building Code. He then gave a brief history of the project and indicated that he was not notified until mid April that the work was not enough to keep the permit active. He indicated that work was not abandoned on the project until notification was received from the Building Department that the permit had expired. He asked that council reinstate the building permit for a period of 1 80 days. Council discussion related to the zone &ange which would only now allow 3 units to be built cn the property versus the 4 previously allowed. They discussed the possibility of denyin? the appeal, but allowing him to still build 4 units under a new permit. As clarification, the City Attorney indicated that the zoning on the property had been banged, and 4 units would not be legal today. He indicated that in order to grant the building of 4 units, council would need to grant the appeal, subject to whatever conditions they desired. Council upheld the decision of the Director of Casler X Building and Planning, and denied the request of K.J. Lewis Crisman for the extension of his building permit. Kulchin xx Chick Presmtt X B Eng ineer ing (93) 27. AB #7470 - REQUEST FOR WAIVER OF SEWER CAPACITY FEE . Council agreed to delay the item until such time as a copy of the mmrandum from the City Fngineer auld k located and distributed to muncil. I (63) (45) (93) 290 MINUTES Page 7 I\? COUNCIL "0 %.p/ MEMBERS Z. 6 Z. ?ApW Y 6 1981 28. AB #7495 - APPROVING PLANS AND SPECIFICATIONS FOR CAlUSW CITY LIBRARY - LA COSTA BRANCH - CONTRACT NO. 3154. The City Engineer, Roy Kackley, gave a staff report on the mtter as oontained in the agenda bill. The following resolution was adopted: Casler X Lewis xx Kulchin RESOLUTION NO. 7348, APPROVING PLANS AND X X Prescott INVITE BIDS FOR "3 PURCHASE AND INSTALLATION OF X Chick SPECIFICATICNS AND AUTHORIZING "E CITY CLESK 'ID A LIBRARY MODUIAFt BUILDING IN LA COSTA. 27, AB #7470 - RegUEST FOR WAIVER OF SEFaER CAPACITY FEE , Council Member Prescott indicated that he would abstain from participation on the mtter due to a possible conflict of interest. Following distribution of the mem from the City Engineer, dated September 6, 1983, the City Manager responded to council query, noting that in 1974 the sewer oonnection fee had been increased from $50.00 to $250.00; in 1977 it had been increased from $250.00 to $500.00 : and in 1980 it had been increased from $500.00 to $1000.00, In addition, he indicated that the mratorium took effect in 1977, As further clarification, he indicated that until July, 1979, the Country Store had been eligible under a "grandfather" clause to hook up to the sewer at $50 , 00 per EDU. Council briefly discussed the timing for the increase in fees as well as the number of seats in the restaurant and required number of EDU's. Council determined that for 6.056 EDU's, the Country Casler xx Store be charged at the rate of $50.00 per EDU for hook Lewis X up; and that Mr. Hoffman work with the City Engineer to Kulchin X reach agreement on a determination of the additional Chick X EDU ' s required for the restaurant, the charge for the Prescott X additional EDU's to be at the current rate of $1000.00 per hook up. 29. AT3 #7496 - AppRovAL OF PLANS AND SPECIFICATIONS FOR POINSGITIA BRIDGE - PROJECT NO, 3179, The City Engineer gave a brief staff report on the matter. He displayed a transparency showing the view of the bridge and explained the measures proposed to mitigate the noise inpact to the residents of Lakeshore Gardens Mobilehome Park. Mr. Al Kercheval of Kercheval and Associates in San Diego, continued with the report. Mr. Kercheval explained the details of the proposed project with the aid of wall exhibits. In response to axncil query, Mr. Rercheval indicated that hydroseeding was the only landscaping proposed in the area between the mad and the wall. - ( a39 MINUTES Page 8 COUNCIL \\k 5 % %$ ? r 6- 1981 MEMBERS % %% Mayor Casler stated that she was under the inpression that the slope facing the mbilehome park was to contain dense landscaping rather than hydroseeding. In response to query, the City Engineer indicated that the City muld be responsible for mintenance of the slope areas. As further clarification, the City Manager indicated that the material proposed would be drought tolerant and would not require maintenance. He also indicated that the landscaping is that which meets the current standards of CALTRANS . Ethel Tucker, 7221 San Miguel, Carlsbad, representing GSmL who live in Lakeshore Gardens, addressed Council. Mrs. Tucker expressed the opinion that the homeowners had previously been told the landscaping in that area would consist of thorny bushes to act as a deterrent to intruders to the mobilehome park. She indicated that the final plan differs greatly from the original plan, and expressed dissatisfaction with the new landscaping. Mrs. Tucker also expressed the hope that the residents of Lakeshore Gardens would be involved in the plan when the traffic control device is needed at the intersection of Avenida Encinas and Poinsettia Lane. The City Engineer stated that as the property to the south and north of Avenida Encinas is developed, they would be conditioned to provide the traffic control device. In addition, when it does warrant the placement of a signal, the people in Lakeshore Gardens would be notified for participation. Council approved the plans and specifications for Casler X Poinsettia Bridge and authorized the City Engineer to Lewis X continue the action to obtain the necessary agreements Kulchin xx and permits. Chick X Prescott X Council requested from the Parks and Recreation Casler xx Department a very brief plan at this time of Lewis X landscaping that auld be placed on the slope facing Kulchin X the rmbilehome park. Chick X Prescott X RECESS: B Mayor Casler called a recess at 7:35 P.M., and Council reconvened at 7: 48 P.M., with all council menbers present. Research/&-alysis :85) 30. AI3 #7493 - EL CAMINO REAZ; CORRIDOR STUDY. Jim Hagm, Research/Analysis Manager, gave a staff report with the aid wall exhibits shaving the length of El Camino Real through the city, and identified the types of developments existing or in process along the street. ~ MINUTES 238 Page 9 COUNCIL \\K 5 ?$ %% ? MEMBERS % %% cney C; 1QR2 L I. with the aid of transparencies and wall exhibits, he explained the proposed division of the street into five subareas, and explained the type of standards which would be applied to each subarea. Mr. Gary Wayne of the Research/Analysis staff, gave a slide presenation showing exanples of developments along streets which the City would prefer to avoid, and samples of what the City would be trying to achieve with the proposed standards. Council changed Subarea 1 to include from Highway 78 Casler xx to Marron Road, and changed Subarea 2 to include Lewis X Marron Road to College Avenue. Kulchin X Chick X Prescott X COUNCIL REpoKrs: Buena Vista Lagoon Joint Powers Cmittee Council Member Chick reported on the recent meeting of the mmittee and discussions about the development of the parking lot near the lagoon. He indicated that a mnsensus had not been reached with regard to the ingress and egress to the property. He also indicated that discussions by the correnittee reflected the possibility of the placement of tables and park benches in the area. In that regard, he suggested that if the area were to become like a park, the City should carefully mnsider its development. 37) California League of Cities Annual Conference Council authorized Council Menbers Kulchin, Prescott, X Kulchin Annual Conference in San Francisco, in October, 1983. X Lewis and Chick to attend the League of California Cities xx Casler Chick X Prescott X Circulation Committee Council Member Lewis reported that the final n-eeting of the Circulation Comnittee would be held on September 7, 1 983. JAC Mayor Casler reported on the recent activities at the Encina Water Pollution Control Facility with regard to odors. She also mmnted on a reorganization proposal and indicated that a mpy of Roger Greer's memorandum and report on that proposal would be furnished to Council. SANDAG Mayor Casler reported on the recent meting of Sandag. Senior Citizens Association Council Me&r Prescott reported that the Senior Citizens Association had mde a decision to support the Public Safety Center. - b a37 MINUTES Page 10 /\b Scd-QrnhPv 6. 1981 MEMBERS $ t9 $ COUNCIL ?A?%% /o %.p, CLOSED SESSION: Council adjourned at 8:50 P.M. to a Closed Session. Mayor Casler announced that personnel would be discussed. Council reconvened at 9:44 P.M., with all council members present, and Mayor Casler announced that personnel matters had been disscussed, and no action taken. AasouRNMENT: By proper mtion, the meeting was adjourned at 9:45 P.M. , to Wednesday, September 7, 1 983, at 7: 00 P.M., in the City Council Chambers. Respectfully Submitted, ALETI-rA &kQ- L. RAuTEMRANZ, City Clerk