HomeMy WebLinkAbout1983-11-01; City Council; Minutes.. MINUTES 30 1
-
, -.
Meeting of: CITY COUNCIL (Regular Meeting)
Date Time of of Meeting: Meeting: November 6:OO p.m. 1, 1983 \\k 5
COUNCIL %9$sT Place of Meeting: City Council Chambers MEMBERS Z. 8 +
CALL To ORDER:
The Meeting was called to order by Mayor Casler at
6:OO p.m.
ROLL CALL was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis, Kulchin,
Chick, and Presmtt.
Absent: None.
Council Member Presmtt left the meeting at 6:12 p.m.
INVOCATION was given by Paster Steve Seeliq of the Las
Flores Nazarine Church.
PLEDGE OF ALLEGIANCE was led by City Manager Frank
A.leshire.
Mayor Casler announced the following changes in the Agenda: Item #6 on the Consent Calendar will be withdraw
from the Aqenda, and Items #17 A and B will he continued
until the meeting of November 15, 1983.
Mayor Casler announced that Council Member Prescott
would leave the meeting early in order to attend the San
Diqo Citv Council Meeting for discussion of the bullet
train.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held October 18, 1983, Casler
X Lewis were approved as presented. X
X Presmtt X Chick xx Kulchin
CONSEMT CALENDAR:
Council Memkr Lewis reuuested Item #13 be withdrawn
from the Consent Calendar.
Council amfinned the a.ction of the Consent Calendar, Casler X with the exception of Item #6 and Item #13, as follows: Lewis x Kulchin
X Chick
xx
WAIVER OF ORDINANCE TEXT READING: Prescott X
Council waived the readinq of the text of all ordinances and resolutions at this meeting.
b
(50) 1. AB #7538 - RATIFICATION OF D-S AGAINST THE CITY.
Council ratified the payment of demands against the City in the munt of $2,128,697.95, for the period
October 1 to October 27, 1983; Payroll demands in
the munt of $296,624.49 for the period October 10 to October 23, 1983; and Housing demands in the
munt of $187.67 for the period October 1 to October 27, 1983.
.* MINUTES 30c
(84)
I
(99)
(63)
(45)
(110)
(25)
(41)
(63)
(74).
(50)
November 1, 1983 Paqe 2
I
CONSEN" OXNDAR: (Continued)
2. AI3 #7539 - DISPOSAL OF SURPLUS CITY PROPERTY. I Council adopted RESOLUTION NO, 7383, declaring it
of equipment as obsolete and authorizing the -;I disposal of such items.
3 , AB #753 1 - Supplement #1 - TENTATIVE: MI AND CONDOMINIUM PERMIT - CT 83-4/CP-227 - WINDSONG SHORES.
Council adopted RESOLUTION NO. 7384, approving a 140- unit tentative tract map (CT 83-4) and condominium
permit (CP-227) on a 10.15 acre parcel of property
generally located on the north side of Agua Hedionda
Lagoon between 1-5 and the ATSF Railroad.
4. AB #7540 .- PAINTING THE CITY LIBRARY - PRCXSECT NO.
3900. I Council adopted RESOLUTION NO, 7385, approving plans and specifications, and authorizing the City Clerk t advertise for bids for painting the City Library.
5. AB #7541 - ADOPTION OF STANDARD PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF VWI'ER MAINS. i
Council adopted RESOLUTION NO. 7386, adopting the standard plans and specifications for construction
of water mains in the City of Carlsbad.
7. AB #7543 - IVAR ANNEXATION.
Council adopted RESOLUTION NO. 7387, approving the annexation of certain uninhabited territory
h.ereinafter described and Zesignated as the Ivar
Annexation.
8. AB #7544 - Sm OF MOLINA V. CITY OF CARLSBAD.
Council adopted RESOLUTION NO. 7388, authorizing the
expenditure of funds for settlement of Molina V.
City of Carlsbad.
9. AB #7545 - LIBRARY SERVICES AND CONSTRUCTION ACT -
LITERACY GRANT APPLICATION.
Council adopted RESOLUTION NO, 7389, authorizing staff to submit a literacy grant application.
10, AB #7546 - REQUEST FOR AUTHOFUTY TO DESTROY FILES.
Council adopted RESOLUTION NO, 7390, authorizing the
destruction of files.
11. AI3 #7547 - RFUND OF mES.
Council approved the refund of $32,000 to Harry Fries, and $2,500 to Herbert Kratze. I
COUNCIL /p 3 y&
MEMBERS % $ h 52. \
(99)
I
(93)
(45)
(.113)
(241
e
(201
MINUTES a9 :
COUNCIL /\b % %% 3
November 1, 1983 Page 3 MEMBERS % %%
ITEMS RE?LIOVED FROM CONSENT CALENDAR:
6, AB #7542 - FINAL MAP - CARISBAD TRACT 81-6 - R.C.
Jl37EXT.
This item was withdrawn from the Agenda.
13. AB #7551 - COASTAL STORM DRAINS - PROJECT NO. 3158,
Council Member Lewis stated he requested this item
removed from the Consent Calendar for clarification purposes. He questioned whether these drains would pick up the drainage flow from Mountain View to
Christianson Drive. Ron Bedunan, Assistant City
Manager, Lkvelopmntal Services, answered that it would.
Council adopted RESOLUTION KO. 7395, authorizing the Cie! Casler X
Clerk to advertise for bids, and approve a fund transfer Lewis xx
for coastal storm drains. Kulchin X
Chick X
Prescott x
ORDINANCES FOR INTRODUCTION:
14. AB #7503 - Supplement #3 - PF?EANNEXATIONAL ZONE
CHANGE - ZC-267 - HUNT PROPERTIES.
Council introduced the following Ordinance: X Casler
ORDINANCE NO. 9701, AMENDING TITLE 21 OF !IRE Kulchin
CAFUSBAD MUNICIPAL CODE BY AMENDING THE ZONING EilAp
To GRANT BOTH A PFBANNEXATIONAL ZONE CHANGE FND A
X Chick
NOFtIB AND SOUTH OF !IRE BATIQUITOS LAGOON. LAND ILXXIED BMFlEEN INTESTATE 5 AND EL CFMINO REAL
ZONE CHANGE (ZC-267) ON APPROXIMATELY 1,700 ACRES OF
xx Presmtt
Lewis
ORDINANCES FOR ADOPTIOM:
15. AB #7535 - VICIOUS DOG ORDIWNCE.
Council adopted the following Ordinance:
X Presmtt SECTICN 7.08.030 TD REVISE ?HE REGULATION OF VICIOUS
X Chick OF THE CARLSBAD MUNICIPAL CODE BY WE ADDITION OF
xx Kulchin ORDINANCE NO. 5068, AMENDING TITLE 7, CHAPTER 7.08
X Lewis X Casler
DOGS.
Council Member Prescott left the meting at 6:12 p.m.
PUBLIC HEARINGS :
16. AB #7534 - Supplement #l - DECLARATION OF PUBLIC
NUISANCE AND ORDER FOR ABATEMENT - ZONING VIOLATION -
1600 BUENA VISTA WAY,
Mike Holzmiller, Land Use Planning Manager, gave a brief introduction to the matter, noting the item was carried over from the last Council meeting, as the property owner was not present at the time the staff presentation was made.
MINUTES a9 8
November 1 , 1983 Page 4
PUBLIC HEARIXS : (Continued)
Bill Hofman, Principal Planner, gave the staff report
contained in the Agenda Bill, using a transparency to shav the location of the property. Paul Klukas
presented photographs to the Council shaving the property on three different dates over the past year.
Bill Hofman showed slides of the property taken two weeks ago which showed the cars parked there.
as
Council Member Lewis inquired abut what staff meant by a "reasonable" number of cars and staff answered they wanted the inoperable cars removed and the operable ones
left there to be parked out of the setback and screened.
Mike Holzmiller stated for the record that proper legal notice had been given to the property owner by posting the property and sending a number of certified letters. He referenced the letter received from the
property mmer 's attorney, and noted a mpy had been
distributed to all Council Members.
Mayor Casler stated that Council had received a mpy of the letter from Dix's attorney.
Mayor Casler opened the public hearing at 6:20 p.m. and issued the invitation to speak.
Mrs. Martha Dix, 1600 Buena Vista Way, Carlsbad, addressed the Council, stating their attorney's letter explained the situation. Mrs. Dix stated
they were makinq changes, and suggested Council
give them mre time. She stated they are graving a
fence of cacti which will eventually be 6 ft. high,
but noted it wuuld take time.
Mrs. Dix stated all cars on the property are aperable, except one which is being restored.
Mrs. Dix also stated that they planned to change the driveway and only six vehicles would remain on the property. They would be parked in the driveway, and when the cacti is high enough, the cars will be hidden.
Mike Holzmiller stated there should be a fence or wall and the cars should be stored out of the front and the
side yard setback. He stated the fence could be any type of material, if the cars are mved from where they are at the present time. Also, the cars should not be
visible from the street.
Mrs. Dix asked for sixty days' extension to help them mitigate the problem,
Mrs. Dix was asked whether they had some garages to store the cars, and she answered they did, but all of the garages are full.
Mrs. Dix gave some photoqraphs of the property to the
Council, that were taken that same day, to shm irrprovements that were being made to the property.
COUNCIL \\k 5 % %' 2
MEMBERS % $%
MINUTES 27 1
(57)
(114)
(43)
COUNCIL \\b 5 %9 0 A* A 7
November 1, 1983 Page 5 MEMBERS % %%
PUBLIC HEARrhCS : (Continued )
In response to Council query, Mrs. Dix stated that the
cacti shm in her photos were specimens, and not the fence.
General Council discussion reflected concern that this
had been an on-going problem. Also noted was that the
Resolution allowed the property mer till December 1,
1983, to abate the nuisance.
It was the mnsensus of the Council Members that enough
time had elapsed and that 60 days additional time was not necessary.
Council adopted the following Resolution: Casler X
Lewis xx
RESOLUTION NO. 7391, FITWING 'EWT A PUBLIC NUISANCE Kulchin X
EXISTS ON PROPERTY AT 1600 BUENA VISTA 'WAY IN TIE CITY Chick X
OF CARLSBAD, DIRECTING ?HAT THE WR OF SAID PROPERTY ABATE THE NUISANCE, ?HAT THE NUISANCE BE ABATED AT WE
OWNERS' EXPENSE, AND DIRECTING THE CITY JCI'IORNEY 'fo TAKE
APPROPRIATE ACTION 'fo ENFORCE THE ABATE" ORDER OR
ENJOIN 'IXE NUISANCE.
Mayor Casler asked whether there was anyone else wishing to speak for or against this item, and since no one else wished to speak, the public hearing was closed at 6:33 p.m.
17. AB #7548 - GENERAL PLAN AMENDE?%NT.
A. GPA/LU 83-3 - CALAVERA HILLS CCMPANY
B. GPA/LU 83-11 - CoUNTy OF SAN DIEGO
These Items were continued to the November 15, 1983,
meeting.
18. AI3 87532 - ZONE CODE ~~~ REGULATING PRICE SIGNS FOR SERVICE STATIONS - ZCA-167 - CITY OF CARLSBAD.
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill.
Mayor Casler opened the public hearing at 6:34 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed,
Council introduced the following Ordinance: Casler X
Lewis X
ORDINANCE NO. 9700, AMENDING TITLE 21, CHAPTER 21.41 OF Kulchin xx
THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION X Chick
21.41.074 TO REKXJLA'lT PRICE SIGNS FOR AUTOMOBILE SERVICE
STATIONS ,
19. CONTINUED PUBLIC JEARJIG FOR. NUISA?5JCE AEATE" -
CHAF'PEE AUTO WRECKING.
Mike Holzmiller, Land Use Planning Manager, reported the
property owner has recently run into a problem with the nuisance abatement. Drainage from the mbilehome park resulted in flooding and wet grounds and prevented Mr.
Chappee from ampleting the work. He stated that staff inspected the area and a.scertained there was flooding,
He displayed photographs taken the day before showinq the present conditions in the yard.
MINUTES A94
November 1, 1983 Page 6
1
Marty Orenyak, Building and Planning Director, stated
staff believed Mr. Chappee is still- cooperating in cleaning out his wrecking yard, and feel he needs mre time to complete the job. Mr. Orenyak suggested the public hearing be mntinued until Decemkr 6, 1983.
Mayor Casler opened the public hearing at 6:43 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed.
Council granted additional time and continued the public hearing to December 6, 1983.
~
DEPARTMEXWAL AM) CITY MANAGER REPORTS: I
Parks and Recreation I
(68) 20. AE3 #7549 - SENIOR CITIZENS ASSOCIATION FACILITY SITE LOCATION STUDY.
Dave Bradstreet, Parks & Recreation Director, gave the staff report on this item as contained in the Agenda Rill.
I
~ Council Member Lewis stated he would like to see this
I
~
proposal go before the Parks & Recreation Comnission before any action is taken.
Mayor Casler suggested a mmittee of two Council Members and two representatives from the Senior Citizens Association net together to work out the details of this proposal for the Harding Street Center.
Council Member Lewis reiterated his opinion that the
Senior Citizens should become a part of the City. He
indicated they ask the City for space and funds, and since it is taxpayers' money, they should be part of the
City organization.
Mayor Casler and Council Member Chick stated they would
serve on this mdttee, and Mayor Casler stated she
would write a letter to the Association requesting they
appoint two mmbers to meet and discuss the details of
this proposal.
City Attorney
Vo8) 21 . AB #7533 - Supplement #1 - DENIAL OF APPEAL, AND
UPHOLDING PLANNING COMMISSION DECISION TO Dm VARIANCE
V-348 - ANDERSON.
Council adopted the following Resolution:
RESOLUTION NO. 7392, DENYING TFE APPEAL FROM A PLANNING
COMMISSION DECISION AND DENYING VARIANCE - ANDEFSON V-
348 TO FEDUCE THE REAR YARD SETBACK ON PROPERTY GENERA
L€XXTED AT 1264 BASSKCDD AVEMUE: BETKEEN PINE STREET AND AD= STREET. 1
(99) 22. AB 87502 - Supplement #1 - TENTATIVE MAP AND LA COSTA DEVELOPMENT PERMIT - CT 83-16/LCDP 83-1 - DAON.
The City Attorney stated the mnditions in the documents
for Rancho Santa Fe interchange would be explained by Assistant City Manager, Developmental Services, Ron Beckman.
-
Y
COUNCIL \\k 5 3 %' ?
MEMBERS % s%
Casler
Kulchin
xx Lewis
X
X Chick
X
Casler Lewis
X
X Chick xx Kulchin
a95 MINUTES
-
(
November 1, 1983 Page 7 MEMBERS COUNCIL F$ .
Mr. Beckman used a wall map to indicate the proposed changes in the intersection, and explained them in detail.
Council adopted the following Resolution:
RESO.LL.ION MI. 7393, APPROVING TENTATIVE TRACT MAP (CT
83-16) AND LA COSTA DEVELOPMENT PERMIT (LCDP 83-1) FOR
17 I-LOT SUBDIVISION ON APPROXIMATELY 50 ACRES OF PROPERTY GENERALLY LOCATED CN ME IXXWEl SIDE OF lME
IN'ERSECTION OF RANCHO SANTA FE R3AD AND OLIVENHAIN
ROAD.
I,
Planning
:113) 23. AB #7552 - ZONE CHANGE AND SITE DEVELOPMENT PLAN
FOR A 22-UNIT APlRBlENC COMJ?Ll3X ON HARDING STREET - ZC-
282/SDP 83-3 - GARAPICH/NOGLE.
Charles Grim, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency
shawinq the project site.
Council Member Lewis stated he felt this moderate incorn
housing conditien was unfair to the developer.
Council Member Chick concurred with the comments.
Mr. Jack Henthorn, 2956 Roosevelt, representing the applicant, addressed the Council, expressing agreement with the staff report and recommendation.
Council introduced the following Ordinance:
ORDIEWIJCE No.9710 , AMENDING TI'I!LE 21 OF THE CARLSBAD
MUNICIPAL CODE BY IMENDING VIE ZONING MAP ?o GRANT A
CHANGE OF ZONE (ZC-282) FRX R-3 ?o RD-H ON
APPROXIMATELY .67 ACRES OF PRopEIiTy lIKA'I'ED AT 3334
HARDING STFEET.
Council directed the City Attorney's Office to prepare documents approving SDP 83-3 and an agreemnt for moderate income housing units.
1 Library
(63) 24. AB #7379 - Supplement #2 - LEASING SPACE FOR A
BRANCH LIBRARY IN PLAZA DE LA COSTA SHOPPING CENTER. I
Library Director Cliff Lange gave the staff report on this item as contained in the Acrenda Bill. Director Lange stated by leasing this space instead of purchasing a dular building, approximately $44,000 will be saved over the five-year period.
Casler Lewis Kulchin Chick
Casler
Lewis
Kulchin Chick
1 I
% Q% 3
t$%
X
X
X xx
X
X xx
MINUTES a94
(104)
(621
COUNCIL \\b 5 % 3% 7
November 1, 1983 Page 8 MEMBERS % t*,%
Director Lange stated the Library Board had examined
this project from all aspects, and there was no
guarantee the Leucadia Water District property muld be
available after five years, Also, to move the dular building would cost between $10,000 to $20,000. The square footage in the shopping center will be the same
as the mdular building and the City has the right of first refusal for the adjacent spa= in the center. There is also an escape clause in the lease agreement.
To protect the City against rent increases, the rent has been tied to the cost of living index.
Council voted to approve the concept of leasing space Casler X
for a Branch Library in Plaza De La Costa Shopping Lewis X
Center and directed staff to prepare lease documents. Kulchin xx
Chick X
B. AI3 #7495 - Supplement #1 - AWARD OF CONTRACT FOR
CARLSRAD LIBRARY - IA COSTA BRANCH - CONTRACT NO. 3154.
Council directed staff to return with documents
rejecting all bids.
C. AB #7555 - PURCHASE OF BRFNCH LIERARY BOOKSHELVING
AND FURNIrn.
Council adopted the following Resolution: Casler X
Lewis
X Chick EXECUTION OF A CONTR?CT FOR BOOKSHELVING AND FUIWITLJRE,
xx Kulchin RESOLUTION NO. 7396, ACCEFTING A BID AND AUTHORIZING THE
X
RECESS :
Mayor Casler declared a recess at 7:31 p.m. and Council re-convened at 7:42 p.m. with all Council Members present except Council Member Prescott.
City Council
25. AB #7553 - NORTH COUJl!E TRANSIT DISTRICT DRAM: OF
BOARD POLICY AND GUIDELINES.
Council Member Kulchin directed the Council's attention to the policy guidelines and read sections of the rules.
The consensus of the Council Menhers was that each agency should be responsible for its representative.
Council voted to instruct its Council Member to vote in xx Casler
opposition to the Board Guidelines, Lewis X
Kulchin
Chick X
26. AB #7554 - CABLE TV RESOLUTION AT NLC CONGRESS OF
CITIES MEETING, NOVEME3EX 27-29, 1983.
City Manager Frank Aleshire gave the report on the
item.
Council continued this item until the meeting of Casler xx
November 8, when they would have a copy of the X Kulchin Resolution before them. X Lewis
Chick X
27 3
MINUTES
r
(
November 1, 1983 Paue 9
I
140 1 27. ABS #7537 - APPOIN?MENTs To CARLSBAD BUILDING AUTHORITY.
Mayor Casler announced her intention to appoint Andrew
Borden to the Building Authority.
Council adopted the following Resolution:
RESOLUTION NO. 7381, RECOMMENDING 'IO THE BOARD OF SUPERVISORS, SAN DIEGO EXJIVE, CALIFORNIA, THE APPOINTMENT OF ARTHUR BliowN 'IO THE CITY OF CARLSBAD
BUILDING AUTHORITY,
COUNCIL REPOm :
Buena Vista Lagoon Cdttee
Council Member Chick reported on the proposal submitted on the parking lot/fishing site/duck feeding area at
Jefferson and Marron.
NCTD I
Council Member Kulchin reported on the recent meeting.
Housing & Redevelopment COITUnittee I
Council Member Kulchin reported on the upcoming request
for funding for block grant projects. i
Mobilehome Park Rent Increases
Mayor Casler reported on all the proposed rent increaseE
for the mming year in the rmbilehome parks.
SANDAG
Mayor Casler reported that SWAG will present its regional grwth forecast program at a future meeting,
JAC - I
Mayor Casler reported on the progress at the plant.
TRI-CITY FIRE I
b
Council agreed to to having the presentations made
separately rather than in a joint meetina due to
scheduling difficulties.
OFF-AGENDA ITEM : I
Council Member Lewis requested mnsideration of an off-
agenda item pertaining to the Safety Center, and Council
unanimously agreed to discuss this item.
Council Member Lewis stated he had ten to twenty
youngsters available to distribute flyers on Saturday
morning, but needed transportation for them.
It was decided this was a matter for the Chamber of Comerce to take care of, and not the Council.
COUNCIL \\b 5 % %' 3
MEMBERS % $%
Casler
Chick
X Kulchin
X Lewis
xx
X
29a
MINUTES
November 1, 1983 Page 10
AIXJ0Ul"ENT:
By proper mtion, the meeting was adjourned at 8:29 p.m,
to Tuesday, November 8, 1983, at 6:OO p.m.
Respectfully submitted,
LlA?B?A A??-
ALEXMA L. "Z,
City Clerk
Harriett Babbitt,
Minutes Clerk
COUNCIL \\k 5 (% %$8
MEMBERS % $%