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HomeMy WebLinkAbout1983-10-18; City Council; Minutes< MINUTES 2% J Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: October 18, 1983 \\b 5 Time of Meetinq: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL % %% ? MEMBERS % %% 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: I Present: Council Members Casler, Lewis, Kulchin, Chick, and Prescott. Absent : None. INVOCATION was given by Mr. David Courson of Christians in Cavernment. PLEDGE OF ALLEGIANCE was led by Council- Member Prescott. APPROVAL OF MINUTES : (one mtion ) Minutes of the Reqular Meetinq held September 20, 1983, Casler X were approved as presented. Lewis xx Kulchin X Chick X Prescott X Minutes of the Adjourned Regular Meeting held Casler X September 27, 1983, were approved as presented. Lewis xx Kulchin X Chick X Prescott X Minutes of the Regular Meeting held October 4, 1983, Casler X were approved as presented. Lewis xx Kulchin X Minutes of the Adjourned Regular Meeting held Chick X October 11, 1983, were approved as presented. Prescott X CONSENT CABNDAR: Council confirmed the action of the Consent Calendar as Casler X Prescott WAIVER OF ORDINANCE TEXT READING: X Chick xx Kulchin X Lewis follows: X Council waived the reading of the text of all ordinances and resolutions at this meting. )70) 1. AB #7279 - Supplement #2 - NOTICE OF CWLETION FOR (45) JEFFERSON SCHOOL BALL FIELD - CONTRACT NO. 3716. Council accepted the construction of the Jefferson School Ball Field as completed and directed the release of bonds. (93) 2. AB #7485 - Supplement #1 - ADVERTISE FOR BIDS FOR HOERNLEIN S"4 DRAIN - PFKXJECT No. 3 157. Council adopted RFSOLUTION No. 7372, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the Hoernlein storm drain project no. 3157. MINUTES 290 (37) (74) (74) (68) (70) (99) (99) ( 9.9 1 COUNCIL /\k % %% ? October 18, 1983 Page 2 MEMBERS % %% CONSENT CALEfaDAR: (Continued ) 3. AB #7525 - ANNUAL PHYSICFL EXAMINATION FOR EI.EC"ED OFFICIALS, Council adopted RESOLUTION NO. 7373, authorizing an annual physical examination for elected officials, 4. AB #7526 - AMENDING THE CLASSIFICATION PLAN. Council adopted RESOLUTION NO, 7374, amendinq the classification plan of the City to revise the classification of police officer. 5. AB #7527 - AMENJIING THE CLASSIFICATION AND MISCELLNWOUS SALARY PLAN. Council adopted RESOLUTION NO. 7375, amending the classification and salary plan of the City to include the classification of graphics technician. 6. AB #7528 - APPOINTING COUNCIL REPRESENTATIVE TO "E SAN DIEGO REGION FR'I'ER RECLAMATION AGENCY. Council adopted RESOLUTION NO. 7376, designating Robert Prescott as the Council Representative to the San Diqo Region Water Reclamation Agency. 7. AB #6981 - Supplement #1 - REcDMENDATION TO TERMINATE ANMEXATION TO THE MISSION RESOURCE CONSERVATION DISTRICT. Council directed staff to terminate action to join the Mission Resource Conservation District. 8. AB #7518 - Supplement #1 - TENTATIVE MAP AND CONDOMINIUM PmIT - CT 77-8(R)/CP-45 - DSL SERVICES. Council adopted RESOLUTION NO. 7377, approving an amendment to a tentative tract map (CT 77-8) and condominium permit (CP-45) to allow phasing of a 60- unit mndominium on property generally located on the east side of El Camino Real immediately north of Dove Lane. 9. AB #7520 - Supplement #1 - TENTATIVE I?? AND CONIXMINIUM PERMIT - CT 83-15/CP-241 - DEVELOPMEhT SERVICES. Council adopted RESOLUTION NO. 7378, approving a 7- lot/124 unit tentative tract map (CT 83-15) and condominium permit (CP-241) on a 12.9-acre parcel on property generally located on the north and south sides of Hoq Way, west of El Camino Real. 10. AB #7097 - Supplement #3 - FINAL MAP FOR CT 81-30, UNIT NO. 2 - PACESEYTER. Council approved the final map of CT 81-30, Unit No. 2. .. I_ .. MINUTES 289 (50) (84) (31) (113) (5 7) (114) (20) COUNCIL \\y %9 0 AcF A ? October 18, 1983 Pase 3 MEMBERS % %% CONSENT CALENDAR: (Continued ) 11, AB #7529 - REFUND OF DEPOSIT IN TRUST. Council approved the refund of $5,000 to Carlsbad Development Corporation. 12. AI3 #7530 - PURCHASE OF USED VEHICLES AND TRUCKS. Council adopted RESOLUTION NO. 7380, accepting bids and authorizing the execution of a mntract for the purchase of used vehicles and trucks, and directed the purchasing officer to purchase a pickup truck pursuant to section 3.28.130 open market procedure. ORDINANCES FOR ADOPTION: 13. AB #7522 - AMENDING THE CODE To ALLOE! FOR YEAR- ROUND LICENSING. Council adopted the following Ordinance: X Prescott SECTION 5.04.020 TO CAUSE ALL BUSINESS LICENSES TO X Chick OF T!3E CFRLSBAD MUNICIPAL CODE BY ?HE AMEKlDMEWI' OF xx Kulchin ORDIMNCE NO. 6073, AMENDING TITLE 5, CHAPTER 5.04 X Lewis X Casler BE EFFECTIVE FOR ONE YEAF? FRW DATE OF ISSUE, AND aEMovING ALL REFEFENCE To CALENDAR YEAR LICENSING. 14. AE3 #7503 - Supplement #1 - ZONE CHANGE - ZC-279 - KELLY. Council adopted the following Ordinance: X Prescott To GFW!I' A CHANGE OF ZONE! (ZC-279) FROM Gc TO P" X Chick CARLSBFID MUNICIPAL CODE BY AMENDING THE ZONING PAP xx Kulchin ORDINANCE NO. 9699, AMENDING TITLE 21 OF THE X Lewis X Casler ON AN APPFOXJNRI'ELY .53 ACRE PFOPEF?I'Y Ix>cATED 60 FEET NORTH OF THE m INTERSECTION OF COLLEGE BOULEVARD AND SIATJXR STREET. 1 5 AB #7519 - AE"IENDMENT TO ZONING ORDINANCE CFEATING THE 0 (OFFICE) ZONE - ZCA-168 - CITY OF CNUSBAD. Council adopted the following Ordinance: X Prescott 21.27 ESTABLISHING THE OFFICE ZONE. X Chick CARLSBAD MUNICIPAL CODE, BY TRE ADDITION OF CH?R xx Kulchin ORDINANCE EO. 9698, AMENDING TITLE 21, OF THE X Lewis X Casler PUBLIC HEARINGS: 16, AB #7534 - DELCARATIOM OF PUBLIC NUISANCE AND ORnER FOR ABATEMENT - ZONING VIOLATION - 1600 BUENA VISTA WAY. Bill Hofman, Principal Planner, gave the staff report as contained in the Agenda Bill, using slides taken yesterday to show the property 2nd the sign as posted bv the City. Photographs taken from last year up to the present time were sham to the Council. Mayor Casler apened the Public Hearing at 6:14 p.m. and issued the invitation to speak. MINUTES a8.8 - /\B %p%z October 18, 1 983 Page 4 COUNCIL "0 +% MEMBERS Z. (I, Z. PUBLIC HEARINGS : (Continued ) Since no one wished to speak on this matter and the property owner was not present, the public hearing was closed at 6:15 p.m. In response to questions by the City bbnaqer, the Planning Department staff stated that the property mer and some adjacent residents were notified by first class mail of the hearing. They also stated that the property had been posted, and the sign was sham in one of the slides. The staff stated that all requiremnts for the hearing had been met. Council Member Lewis stated this has been an issue since the 1970's and he felt the Council should follow through and resolve the problems. Council Member Kulchin agreed. Council directed the City Attorney to prepare a Casler X Resolution declaring that a public nuisance exists at Lewis X 1600 Buena Vista Way and ordering that the nuisance be Kulchin xx abated by the property owner by November 30, 1983. Chick X *(See Page 6 of these Minutes) Presmtt X (108) 17. AB #7533 - APPW OF PLANNING COMMISSION DENIAL OF VARIANCE - V-348 - ANDERSON. Charles Grim, Principal Planner, gave the staff report on this item as contained in the Agenda Bill, using a transparency to shaw the location of the property. Mayor Casler opened the public hearing at 6:22 p.m. and issued the invitation to speak. Mr. Wyatt K. Anderson, 1264 Basswood Avenue, the applicant, addressed the Council, givinu the history of the property and his request for a variance. He stated he had not objected to the variance requested by the Corso family. Mr. Anderson used a wall mp to indicate the location of the workshop and had photographs which he distributed to the Council. Mr. Anderson stated that approximately five weeks ago some friends of his needed a place to live, and he rented the workshop/mttage to them, and they are living there at the present time. He further stated he has that eventually he would like his Mother to live in this cottage. Mr. Anderson concluded his presentation by listing the other guest houses in the vicinity of his property. Mayor Casler inquired whether the sewer was connected and Mr. Anderson stated that was connected at the time he purchased the property. He stated the only mans of heat is an electric heater. D provided off-street parking for this cottage. He added MINUTES 287 COUNCIL \\k 5 %PA 0 AG 3 October 18, 1983 Page 5 MEMBERS % $% PURLIC HElARINGs: (Continued) Mrs. Joyce Corso, 1300 Basswood Avenue, addressed the Council in apposition, to this request for a variance. Mr. and Mrs. Corso own the adjacent property and Mrs. Corso read the history of Mr. Anderson's property with regard to the tool shed and subsequent improvements to that building converting it into a mttage. Mrs. Corso read a letter dated November 22, 1980, to Mr. Tony Mata, Building Inspector, regarding this property, and stated the variance on their awn property was for a two- bedroom, double garage addition to their present home. She asked that a precedent not be set by granting this variance. Mrs. Diane Ogden, 1308 Basswood, addressed the Council in opposition to this request for a variance, stating the neighbors were mncerned about this use of an R-1 lot . Mr. Jefferson Heard, 1306 Basswood Avenue, addressed the Council stating he was geposed to this variance as it would lead to R-2 use of R-1 lots in the neighborhood. In answer to Council query, Mr. Anderson stated he had been asked by the City whether anyone was living in the building. At that time, it was not occupied. He further stated nothing was said about stopping construction. Since no me else wished to speak on this item, the public hearing was closed at 6:50 p.m. Staff stated they had inspected the exterior of the building, but not the interior. Mayor Casler stated there are my non-conforming second- family dwellings in this section of the City, but mst of them were there before the present rules were instituted. She concluded, stating the zone does not allow a second home on the lot in that area. Council Member Lewis stated he was impressed by the structure and does not see it as a detriment to the neighbors. Council Member Kulchin stated she could not make the four necessary findings for a variance. In response to query, Marty Orenyak, Building and Planning Director, stated the permit issued plainly stated a single farnily structure with attacked garage and a detached workshop. Council Member Prescott stated this is an R-1 zone, and he could see no reason to perpetuate any mis-use. Council directed the City Attorney's Office to prepare Cas ler X documents denying the appeal of Planning Corranission's Lewis denial of V-348. Kulchin X Chick X Prescott xx I 618L MINUTES - October 18, 1983 Page 6 *At this pint, Mrs. Dix asked to address the Council regarding Item No. 16. She stated she had just arrived from San Diego and had received the notice from the City yesterday, October 17, 1983, regarding the hearing and notice was too short to get representation at the meeting by their attorney or themselves. Mayor Casler asked the City Attorney to address this matter. She asked Mrs. Dix whether she did not see the posted siqn, and Mrs. Dix stated she did not see the sign. "he City Attorney recomnded the hearing be re-opened and continued to November 1, 1983. Council re-opened the public hearing on AB #7534 and continued this item to November 1 , 1983. The City Attorney suggested staff send another notice to the party tomrrm, certified, insured and return receipt requested. He asked the City Clerk to note for the record that Mrs. Dix was given notice in person of the hearing, Tuesday, November 1, 1983, at 6:OO p.m., in the Council Chambers. (99) 18. AB #7531 - ENVI- IMPACT REPOIYT, TENTATIVE (85) MAP AND CONDCMINIUM PERMIT - EIR 83-3/CT 83-4/CP-227 - WIBDSONG SHORES. Bill Hofman, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency and a wall map to shm the property. Mayor Casler opened the public hearing at 7:18 p.m. and issued the invitation to speak. Mr. Larry Hunts, 3501 Chinquapin, the applicant, addressed the Council respondinq to questions regarding access. He expressed agreement with the conditions, and requested approval. Since rn one else wished to speak on this mtter, the public hearing was closed at 7:21 p.m. Council certified EIR 83-3 and directed the City Attorney's Office to prepare documents approving CT 83- b 4/CP-227. HOUSING AND REDEVELOPMENT CCMMISSION: Council adjourned to the Housing and Redevelopment Conmission at 7:23 p.m. and reconvened at 7:41 p.m. with all Council Members present. COUNCIL IF ?$ 9L. MEMBERS % <s Casler XE Lewis 2 E Chick E Kulchin E Prescott Casler Lewis Kulchin Chick X Prescott b 'z. \ r r c c r X X X X X I (2 (2, (4 2 85 MINUTES \\y 5 October 18, 1983 Page 7 COUNCIL % PLJ)\ ? MEMBERS % $% DEP- AND CITY MANAGER RETORTS: City Attorney 4) 20. AB #7535 - VICIOUS DOG ORDINANCE. Council introduced the following Ordinance : X Prescott 7.08.030 To REVISE THE REGULATION OF VICIOUS COGS. X Chick THE CARLSBAD MUNICIPAL CODE BY PIE ADDITION OF SECTION xx Kulchin ORDINANCE NO. 5068, AMEMDING TITLE 7, CHAPTER 7.08 OF X Lewis X Casler City Manager 8) 21. AB #7536 - AFFOmLE HOUSING TASK FORCE. Council agreed to take no action on this item at this the. City Council 8) 22. AB #7523 - DESIGN REVIEW BOARD AJ?FO-. Council adopted the following Resolution: X Prescott Mary Marcus, Clarence Schlehuber, Jerry Ronbtis, X Chick CARLSBAD DESIGN REVIEW WARD, those Members being: X Kulchin RESOLUTION NO. 7370, APPOINTING MEMBERS 'IO THE X Lewis xx Casler John McCoy and Robert Holmes. 0) 23. AI3 #7537 - APFO- TO CARLSBAD BUILDING AUTHORITY. The matter was mntinued to the next meeting. COUNCIL REPORTS : California League of Cities Meeting Council Members Prescott, Kulchin and Chick gave a repork on the recent meeting in San Francisco. "CTD Council Member Kulchin reported there is still no contract with the drivers. Antique Auction Council Member Kulchin reported on the Sunday Antique Auction held in the downtam area. Housing t Redevelopment Committee Council Member Kulchin reported on the Conanittee's concern regarding the storm drain. Parks & Recreation Cmission Council Member Lewis reported on the Conmission meeting held last evening and the park/schml mncept which was discussed. 1 MINUTES I (37) October 18, 1983 Page 8 The City Manager announced Dr. Grignon had requested a meetinu of the Co-ordinating Codttee as soon as possible to discuss this new mncept. JAC Mayor Casler reprted on the previous meting. - Senior Citizens I Mayor Casler gave a brief reprt on the Senior activities. CIXXED SESSION: I Council adjourned at 8: 19 p.m. to a Closed Session. Mayor Casler announced that litigation FJould be discussed. Council reconvened at 9:33 p.m. with all Council Members present, and Mayor Casler announced that litigation was discussed and no action taken. OFF-AGENDA ITEM: Council unanimusly agreed to add the matter of the Chamber retreat to the agenda for discussion and action. Council approved the travel request for the City Manager and Council Member Presmtt to attend the threeday Chamber retreat in Palm Springs. ADJOURNMENT: By proper mtion, the meting was adjourned at 9:35 p.m. Respectfully submitted, Q&BL.sQ- ALETHA L. RAUTENKRANZ, d City Clerk Harriett Babbitt, I Minutes Clerk J84 /\b %v%< COUNCIL "0 6% MEMBERS .;t tp Z. Casler Lewis Kulchin xx X Prescott X Chick X