HomeMy WebLinkAbout1983-09-20; City Council; Minutes,.
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Meeting of: CITY CXluNCIL (Rqlar Meeting)
Date Time of of Meeting: Meeting: September 6:OO p.m. 20, 1983 \j$$
Place of Meeting: City Council Chambers COUNCIL /o %.p/ MEMBERS .;t @ Z.
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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 Menbers Casler, Lewis,
Chick and Presmtt.
Absent: Councilwoman Kulchin.
INVOCATION was given by Reverend Barry Jones of the
Carlsbad Union Church.
PLEDGE OF ALLJZGIANCE was led by City Attorney Vincent
Biondo.
PRESJ3"ATION:
Dr. Philip Grignon, Superintendent of Carlsbad Unified School District, introduced a slide presentation on
the advancement made by the District and the ccoperation
the City of Carlsbad has enjoyed with them.
APPFt0Wl.L OF MINUTES: (one notion)
Minutes of the Regular Meeting held September 6, 1983, Casler X
were approved as presented. Lewis xx
Chick X
Minutes of the Adjourned Regular Meeting, held Presmtt X
September 7, 1983, were approved as presented.
Minutes of the Adjourned Regular Meeting, held
September 13, 1983, were approved as presented.
CONSET" CALeMIAR:
Council mnfirmed the action of the Consent Calendar as Casler X
follows: Lewis X Chick xx
WAIVER OF ORDINANCE "I' READING: Presmtt X
Council waived the reading of the text of all ordinances and resolutions at this meeting.
1. AE #7499 - RATIFICATION OF DlWlWDS AGAINST "E CITY.
Council- ratified the payment of demands aqainst the City in the munt of $1,343,081.49, for the period
September 2, 1983, to September 15, 1983; Payroll demands in the amount of $292,486.60, for the
period August 15 to August 28, 1983; and Housing
demands in the amount of $59,271.70, for the period
September 2 to September 15, 1 983.
2. AB #7486 - DUPLICATION EQUIFWENT.
Council authorized and directed staff to proceed
with the replacement of the Xerox 7000 and Xerox
4000 copy machines with a Xerox 1075 and Xerox 1035, and to purchase two PDC copy control devices to be
placed on the new oopy machines.
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CONSELST CALENDAR: (Continued)
3. AB #7500 - QUITCLAIM OF WATERLINE EASEMENT AND
ACCEF”!NEE OF DEDICATION.
Council adopted RESOLUTION NO. 7350, quitclaiming an interest in an easement over a portion of Tract 54 of Hotalinq Lands in the City of Oceanside; and adopted RESOLUTION ID. 7351, accepting a qrant deed.
4. AB #7501 - ADOPTION OF SAN DIEGO REGION MINORITY
BUSINESS ENTERPRISE SYSTEYI.
Council adopted RESOLUTION NO. 7352, adopting the
San Diego Region Minority Business Enterprise
Prqram.
5. AB #7505 - RemTND OF FEES.
Council approved the refund of fees to El Camino
Estates, Inc., in the amount of $954.46; to Partners
Equity in the munt of $2,288.97; and to Koll/Wells
El Camino Associates in the amount of $885.00.
6. AB #7497 - Supplement #1 - POLICE EMPLOYEE SALARY
SCHEDULE - FISCAL YEAR 1983-1984.
Council adopted RESOLUTION NO. 7353, authorizing and directing certain salary axpensation &anges a.ffecting aployees represented by the Carlsbad
Police Officers’ Association.
7. AB #7506 - ACCEPTANCE OF PUBLIC l”ENTs -
MELROSE AvEhTuE AND ALGA ROAD.
Council accepted existinq half-street improvements
on Alqa Road from El Fuerte Street to Melrose Avenue
and existing half-street inprovements on Melrose Avenue from Alga Road to Rancho Santa Fe Road and
directed the Utilities and Maintenance Departmnts to mnunence maintaining these public streets.
PUBLIC HEARIh7GS:
8. AB #7502 - .TENTATIVE MAP AND DEVELOPPBN” PERMIT - CT
83-16/LCDP 83-1 - DAOJY.
Mike Eolzmiller, Land Use Planning Manager, gave the
staff reprt on this item as contained in the Agenda
Bill, using a transparency showing project site. With
the aid of wall maps showing the site plan, he explained
the features of the project.
Mr. Holzmiller stated that an additional concern
regarding traffic circulation on Rancho Santa Fe Road
and Olivenhain had been noted since the Planning
Commission meetinu. To address that mncem, he
referenced an additional condition suggested by staff, a
copy of which was distributed to Council just prior to
the meting.
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PUBLIC BEARINGS : (Continued )
Mr. Holzmiller referred to the additional andition, and explained the prpose of same.
In answer to Council query, Mike Holzmiller stated the only change would be the access off of Rancho Santa Fe Road. If the entrance needed to be changed after the traffic study was made, this could be done before the final map is approved.
Staff again affirrrted that the fifteen feet setback would apply only to homes on the cul-de-sac.
Mayor Casler opened the public hearinq at 6:40 p.m. and issued the invitation to speak.
Mr. Jim Goff , 1 24 1 Elm Avenue, representing Daon
Corporation, addressed the Council requesting approval of this application. He reiterated the commitment to build only one-story homes adjacent to the Ponderosa
subdivision. Mr. Goff stated there was a problem with
the new andition suqgested by staff as that could necessitate starting the whole process over from the beqinning. He suggested if Council deemed it necessary
to receive the study, that the study auld be completed in one to two weeks. Therefore, if this matter had to be continued., Mr. Goff requested it be continued for a
very short time to resolve the mtter. He expressed the opinion that the project, as proposed, muld give the
City flexibility.
Mr. Norman Schott, 7924 La Capela Drive, representing the homecrwners on the western bundary of this proposed project, addressed the Council asking why the buffer zone between the two areas had been eliminated. Mr. Gof f referred to the maps and explained that the buffer area is the area on the eastern boundary of the project, and it is still in the plan. Mr. Holzmiller confirmed the statement.
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Since no one else wished to speak on this matter, the public hearing was closed at 6:53 p.m.
Council discussion reflected the desire for the matter to be resolved prior to approval of the project.
D Council continued the public hearing to the meting of October 11, 1983, to enable staff to conduct a traffic circulation study in that area.
:571 9. PB #7503 -t GENERAL PLAN A"?.
"13) Mayor Casler announced there were four general plan amendments to be mnsidered tonight, and one to k considered next Tuesday. There would be no action taken tonight, as action on all five would ke at me time, on Tuesday, September 27.
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PUBLIC HEARR-GS: (Continued)
A. GPA/LU 83-1 - PALOMAR AND CCXvlPANY I
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill, using a transparency showing the site. He explained the previa traffic studies indicate that at full buildout the streets in the area would not be a traffic problem.
However, in the interim, a problem could develop while the streets are still not developed to full capacity.
Also, developing might have to be done in phases and accesses to the streets shared tenprarily.
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Mayor Casler apened the public hearing at 7:04 p.m. and
issued the invitation to speak. Since no one wished to
speak on this matter, the public hearing was closed.
B. GPA/LU 83-5/ZC-282/SDP 83-7 - GARAPICH/NGm
Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda
Bill, explaining the original intent of the zone, and and the three criteria established to justify the change in density. He stated that the project did not meet any of the criteria. He continued, stating the Planning Comnission had indicated they would approve this project if an agreement for affordable housing could be reached between the applicant and staff. Mr. Holzmiller stated
this has not been accorplished at the present time; therefore, staff was still remanding denial.
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Council Member Chick mted that two of the conditions are incongruous and Mike Holzmiller answered that City Council could find that only one condition had to be met in order to grant the request.
Council Member Chick questioned whether this project was close enough to the downtam area to qualify since it
would generate foot traffic to the downtam area.
Council Member Lewis comnted on the parking problems on Harding Street and questioned whether this higher density wuld increase those problems.
Mike Holzmiller added that if this amendment were approved, it would have to go back to the Planning Conmission for conditions of approval for the zone change and site development plan.
1 Mayor Casler apened the public hearing at 7:16 p.m. and issued the invitation to speak.
Mr. Jack Henthorn, 2956 Roosevelt, representing the applicant, addressed the Council, stating the applicant disagrees with staff that the project does not
meet the criteria. He referenced senior projects in the
proximity of this area. He also noted the parking
requirements of the zone had been met. As far as the
affordable housing requirement, he stated this had not
become apparent until the date of the Planning Comnission hearing, and with further meetings with
staff, he was certain an agreement could be reached. In conclusion, he requested Council approval conditioned upon approval of an agreement for provision of affordable housing.
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PUBLIC HEARINGS : (Continued )
Mr. Fred Norman, 3334 Harding Street, the owner of the property, addressed the Council, asking for approval of this proposed project. He noted the project would inprove the area. He also expressed the apinion that
1 Planing Conmission had approved the project.
Since no one else wished to speak on this matter, the
public hearing was closed at 7:25 p.m.
C. GPA/W 83-7/ZC-279 - KELLY I Mike Holzmiller, Land Use Planning Manager, gave the
staff report on this item as contained in the Agenda
Bill, usin9 a transparency showing the location mp.
Nayor Casler apened the public hearing at 7:27 p.m. and issued the invitation to speak.
Mr. Jack Henthom, 2956 Roosevelt Road, representing the
applicant, addressed Council stating the applicant concurred with staff's recommendations.
Since no one else wished to speak on this matter, the public hearing was closed at 7:27 p.m.
D. GPA/LU 83-8 - CITY OF CARLSBAD I
Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as mntained in the Agenda Bill.
Mayor Casler opened the public hearing at 7:30 p.m. and issued the invitation to speak.
Mr. Jim Ceff, 1 24 1 Elm Avenue, addressed the Council representing Daon Corporation, speaking in favor of
this proposal, particularly Attachment A, which establishes procedures for schools in declaring a need for a school site.
Since IX) one else wished to speak on this matter, the public hearing was closed at 7:37 p.m.
Mayor Casler announced the Hunt Properties amendment would be taken up next Tuesday night and action would be taken at that time on all five amendments.
Council unanimusly agreed to continue the GPA public b hearings to the meeting of Septembser 27, 1983.
HOUSING AND REDEVELOPMENT CC"ISSI0N:
Council adjourned to the Housing and Redevelopment Conmission at 7:38 p.m. and reconvened at 7:40 p.m. with four Council Members present and Council Member Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
City Manager
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'86) 10. REQUEST TO ADDWSS COUNCIL.
Mr. Singer addressed the Council on behalf of the Rancho
Carlsbad Mobilehone Owners, stating the homeowners had tried to find a solution to their rental problem with the park mer, but had not been able to do so, He stated the park is now half empty and the people still living there have three choices: sign a lease recormended by Mr. Schwab, stay in the park on a mnthly rental basis, or mve.
Mr. Singer stated there has been no progress mde in attenpting to work out some of the problems in the proposed lease. He handed three pages of the CPI to the Council Members and referred to these pages regarding
the mst of living increase in San Diego during certain
months of 1982 and 1983. According to Mr. Singer, if an
owner signed the lease, the rent increase for 1983 would
be something over 10 percent. However, if the lessee
sub-leased the mbilehome, the rent increase would go back up to 15 percent.
The next point discussed was the inability to break the lease. There is rn emergency cancellation clause in the lease. Mr. Schwab has now agreed to a 60-day period of time for a widow/widower to decide whether to leave the park, but this was only in the case of the death of one
of the spouses. There was still no clause should one become very ill.
The lease provides for real estate taxes to be pro- rated, and if the park were sold, the taxes would go up and each person would pay additional rent on the new
assessed value to help defray the higher property taxes.
He stated that Mr. Schwab has the right to snake rules anc
regulations for the park with no voice being given to
the homeowners in this process. However, Mr. Schwab my
cancel the lease if the homeowner violates any of these
rules and requlations.
Mr. Singer stated that the lease would not be the
solution to the problem.
As far as the second choice, that of renting on a mnthll;,
basis, Mr. Singer stated this is not a good choice, due to extremely high rent now and Mr. Schwab's practice of increasing the rent at such a high percentage rate.
Mr. Singer next referred to the last choice the homeowners have, and that is to mve. He stated my coaches are for sale, and the only way to sell one is to sell at a loss. In addition, it would cost in excess of
$10,000 to mve a mach.
He stated the Ordinance proposed would provide for an
arbitrator to decide on the fair rent increase in case t3-e
owner and homeowners cannot agree. In conclusion, he asked that Council adopt the proposed or a similar
ordinance,
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Mrs. Genene Stocker, 5124 Don Mata Drive, Rancho
Carlsbad, spoke to the Council on behalf of the homeowners in Rancho Carlsbad Park. She stated her circumstances and the feeling that she is a captive in the park at this time due to her inability to sell her home.
Mr. Garth Shanley, Solamar Park, spoke in favor of the Ordinance. He noted that while the park owner had been
fair in the past, there was mncem about the future should the mer sell the park.
Mr. Howard Cravens, Lanikai Lane, addressed the Council, stating their representative was to be here to speak for
their park, but he wanted to go on record as being in favor of this Ordinance and stated the mjority of the
tenants in his park are in favor of the arbitration Ordinance.
Marty Orenyak, Building and Planning Director, gave a
staff report on this Ordinance, using a transparency to
show the percentage of increase in rent in Rancho Carlsbad Park. He stated staff recormended against the Ordinance, for the following reasons: One, the Ordinance would be Citywide and would affect all parks, including those not having difficulties in dealing on a year-to-year basis. Two, the Ordinance auld have an inflationary affect on the other parks, as the arbitrator would look at the rents in Rancho Carlsbad and base his decision on that. Staff felt that if the arbitration had been successful, 250 tenants would not
have mved at. Also, staff felt there auld be a spreading of this mntrol to include apartments. This
could cause developers to hesitate to build future parks
in Carlsbad.
Mayor Casler reported on the contacts she had mde
regarding this proposed Ordinance, stating Lakeshore Gardens did not wish to take a stand, as this might upset
their present negotiations, and Lanikai Lane did not take
a poll regarding this Ordinance. She stated that the
park mers are against the Ordinance. Mayor Casler read
the letter from Mr. Shanley into the record, and concluded by stating that the citizens outside the park
are syqathetic with these tenants, but do not want any
form of rent control.
Councilman Lewis stated all the people he spoke with
swathized with these tenants, and approximately half of them felt the Ordinance might be workable.
Councilman Chick stated the situation in Rancho Carlsbad
Park is certainly one of futility, but everyone mntacted is opposed to rent mntrol. He suggested that the Courts might be the place to resolve this problem.
Councilman Prescott stated he was not in favor of rent control, as this would have an economic affect on the City.
Councilman Lewis stated he did favor the ooncept of this Ordinance and would support it.
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Mayor Casler summarized the arbitration procedure, stating it has been a costly procedure and may have
caused the rents to be higher, as well as causing them
to be higher in the future. She stated if the tenants
were not satisfied with the decision of the City Council, they did have the option to petition an initiative for the June ballot. In that way, all of the
voters of Carlsbad auld express an opinion on this
Ordinance.
Council denied the request for an arbitration Casler xx ordinance. Lewis Chick X Prescott X
RECESS :
Mayor Casler declared a ten-rninute recess at 8:59 p.m.
and Council reconvened at 9:13 p.m. with four Council
Members present and Council Member Kulchin absent.
Planning
11 . AB #7282 - Supplement #2 - PAWING OF T7EHICLES IN
RESIDENTIAL ZONES (ORDINANCE NO. 9668).
Mike Holzmiller gave the staff report on this item as
contained in the staff report, referring to the &art showing the zoning violations to date. He stated there
had been five mre complaints since the chart was
prepared.
Mayor Casler reported she had received a petition with
112 signatures askinq Council to reconsider the Ordinance.,
Mr. Eric Williamson, 1530 Sunrise Circle, addressed the
Council, speaking against changing the Ordinance. Mr.
Williamson spoke of his am experience with a neighbor
and a camper that was stored on the front lawn, causing
a hazard to Mr. Williamson's family in backing out of
their driveway. He requested that the Ordinance be
retained and enforced.
Council voted to allow six mnths' trial enforcement of Casler X this Ordinance, with staff to reprt to Council. Lewis xx Chick X Prescott X
The City Attorney stated his office would proceed with enforcement of this Ordinance.
Engineering
12. AB #7504 - CITY STANDARDS FOR DESIGN AND
CONSTRUCTION OF PUBLIC WFXS IMPROVEMENTS.
Richard Allen gave the staff report on this item as
contained in the Agenda Bill.
Council adopted the following Resolution: Casler X Lewis
Chick RESOLUTION NO. 7354, AMENDING CITY STANDARDS FOR THE X
xx Prescott DESIGN AND CONSTRUCTION OF PUJ3LIC WRKS IMPRXEMEWS IN X
THE CITY OF cARLSl3AD.
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:931 13. FB 87507 - FSQUE3T W ADDPESS COTJPTCIL - MR. JOEIN N.
CONSTANS.
Mr. James Reed, 3891 El Camino Real, requested permission to speak cn behalf of Mr. Constans, and representing the four hmwners of the development. Ff stated. there had been 100 percent septic failure in the project, but requested antinuance to the October 11 Meet ins.
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Council continued this item until October 11, 1983.
COUNCIL IREPORTS :
Parks and Recreation Commission
Councilman Lewis gave a report on the recent meeting.
Beach Problems I Coun.cilman Prescott gave a report cn a meeting of the Chamber of Comnerce, Police Chief and owners of property along the northerly beach reaarding the problems at the beach. He stated they are going to institute a
program of self-help next year.
Council. Meetinq
The City Manager stated there muld be an adjourned regular metinq next Tuesday, Septmber 27, 1983, and no reqular meeting on Tuesday, October 4, 1983.
OFF-AGENDA ITEM :
(104) Councilman Presmtt requested mnsideration of an off- agenda item relative to action on the bullet train.
Council voted to oonsider an off-agenda item relative to the bullet train.
Councilman Prescott referred to the mpy of a proposed letter to the Attorney General recrardin.9 Coastal Comnission and CEQA review for the bullet train. b
The City Attorney reported he had responded to a request for an apinion from the Attorney General on this subject approximately six weeks ago and had expressed the opinion that legislature did not exempt the bullet train from all environmental review. He noted that there would be many discretionary approvals which would be needed which ~~o~ld be subject to environmental review.
Council voted to sign the letter addressed to the Attorney General as presented.
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ADJOUFVWJWF:
By proper mtion, the meting was adjourned at 9:49 p.m. to Tuesday, October 27, 1983, at 6:QQ p.m. in the City Council Chambers.
Respectfully submitted, I
&LLzZ&dR- ALm. L. RzstYImmaNz,
City Clerk
Harriett Babbitt, Minutes Clerk