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HomeMy WebLinkAbout1983-12-06; City Council; Minutes337 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 6, 1983 Time of Meetinq: 6:00 p.m. Place of Meeting: City Council Chambers 1 .50) :63) ‘45) CALL 'IO ORDER: The Meetinq was called to order by Mayor Casler at 6:Ol p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Me&ers Casler, Lewis, Kulchin, Chick and Prescott. Absent: None. INVOCATION was given by Reverend D. E. Webber of the Assembly of God. PLEDGE OF ALLEGIANCE was led by City Clerk Lee Rautenkranz. APPROVALOFMINUTES: Minutes of the Adjourned Regular Meeting held November 8, 1983, were approved as presented. Minutes of the Regular Meeting held November 15, 1983, were approved as amended. Minutes of the Adjourned Regular Meeting held November 22, 1983, were approved as presented. PRESENTATIONS: Police Chief Jimno presented commendation citations and certificates of appreciation to the following Police employees: Mrs. Tarvin , and Messrs. Castaneda, Hasenauer, Kates, Huntington, Call and Szabad. Mayor Casler announced the League of Women Voters now has observers at the City Council Meetings. CONSENT CALENDAR: Council confirmed the action of the Consent Calendar as follows: WAIVEROF ORDINANCE TEXTREADING: Council waived the reading of the text of all ordinances and resolutions at this meetinq. 1. AI3 #7569 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $784,592.58, for the period November 10 to November 30, 1983: Payroll demands ir the amount of $298,443.94 for the period November 7 to Noveer 20, 1983: and Housing demands in the amount of $483.30, for the period November 10 to November 30, 1983. 2. AB #7X79 - Supplement #3 - LEASE AGREEMENT FOR BRANCH LIBRARY. Council adopted RESOLUTION NO. 7410, authorizing execution of lease agreement for branch library in Plaza de La Costa Shopping Center. Casler Lewis Kulchin Chick Prescott Casler Lewis Kulchin Chick Presmtt 33 6 MINUTES (63) (45) (93) (45) (50) (48) (99) (99) (81) (71) (45 1 (100 1 (77) \\$ 5 December 6, 1983 Page 2 COUNCIL %?$%? CONSENT U&ENDAR: (Continued) 3. AB $7495 - Supplement #2 - REJECT BIDS FOR CONSTRUCTION OF LA COSTA BRANCH LIBRARY - CONTRACT NO. 3154. MEMBERS Z. 6 Z. Council adopted RESOLUTION NO. 7411, rejecting bids for contract no. 3154 for the construction of the Carlsbad City Library - La Costa Branch. 4. AB #7570 - CENTRAL BUSINESS S"OF?M DRAIN - CONTRACT 3085. Council adopted RESc)uITION NO. 7412, accepting a pipeline license and quitclaim deed for the central business storm drain - Contract No. 3085. 5. AB #7571 - REFUND OF SEWER CONNECTION FEES. Council authorized the Finance Director to refund $100,000 to Pacific scene, ~nc. for sewer connection fees paid in error. 6. AB #7572 - RESULTS OF SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 8, 1983. Council adopted RESOLUTION NO. 7413, reciting the fact of a special rmnicipal election held in said City on the 8th day of November, 1983, declaring the results thereof and such other matters as are required by law. 7. AB #6744 - Supplement #5 - EX'IFNSION OF CONDCMINIUM PERMIT - CP-176 - DAON CORPOl?ATION. Council authorized the extension of a mndominium permit for a project located on the southwest corner of Alga Road and Melrose Avenue for an additional twelve mnths. 8. AB #6658 - Supp1emer.t #5 - ACCEFTANCE OF STREET DEDICATION FOR CT 81-10, UNIT NO. 2 - KOLL COMPANY. Council adopted RESOLUTION NO. 7414, accepting a grant deed. 9. AB #7113 - Supplement #3 - NOTICE OF CCMPLETION FOR DCWVlWN PARKING L#I' - CONTRACT NO. 1122. Council accepted the mnstruction of the Downtown Parking Lot as mnplete and directed that the Notice of Conpletion be recorded and bonds released at the appropriate time. 10. AB #7573 - DESIGNATION OF COUNTY AS AGENT FOR SERVICE OF PFWFSS IN 'TAX REFUND CASES. Council adopted RESOLUTION NO. 7415, designatinq the County of San Diego as its agents for service of process pursuant to Section 5149 of the Revenue and Taxation Code. 11. AB #7574 - lXTlER FM CHULA VISTA REGAFXIING THEIR BAYFmNT LOCAL COASTAL PLAN. Council adopted RESOLUTION NO. 7416, supp0rtir.g the efforts of Chula Vista in obtaining approval from the California Coastal Comission of the Bayfront Local Coastal Plan. 335 MINUTES December 6, 1 983 Page 3 (106) 12. AB #7224 - Supplement #2 - RULES AND REGuwlTIONS PROCEDURES MANUAL FOR CARLSBAD MUNICIPAL SOLAR UTILITY. I Council adopted RESOLUTION NO. 7417, implementing the Carlsbad Municipal Solar Utility (MSU) Solar 7(631 Leasing Program. 13. AB #7379 - Supplement #4 - RESCIND LIBRARY LEASE (45) AGREE" WITH LEUCADIA COUNTY WATER DISTRICT. Council adopted RESOLUTION NO. 7428, rescinding a lease agreernent for a branch library site with ' Leucadia County Water District. (45) 14. AB #7579 - FINANCE DEPARTMENT POSITION RECIASSIFICATION FRCM STENO CLERK I1 TO ACCOUNT CLERK 11. - Council adopted RESOLUTION NO. 7435, approving the reclassification of a Steno Clerk I1 position to an Account Clerk I1 position, and mending the 1983-84 budget. ORDINANCES FOR INTRODUCTION: I (57) 15. AB #7567 - Supplement #8 - GENERAL, PLAN AMENDMENTS (11 3). ANTI RELATED ACTIONS. I Council adopted the following Resolutions: RESOLUTION NO. 7418, AMENDING 'IHE LAND USE ELEMENT OF THE GENERAL PLAN El CHANGE THE LAND USE DESIGNATIONS FOR TVD AREAS OF THE CITY'S GENERAL PLAN. GPA/LU 70(C) CAL COMMUNITIES AND BA/W 83-3 CALAVEFA HILLS COMPAtW. RESOLUTION NO. 741 9, ANENDING THE LAND USE ELEMENT OF THE GENERAL PLAN ?o CHANGE THE LAND USE DESIGNATIONS FOR ONE AREA OF THE CITY'S GENERAL PLAN. GPA/LU 83-11 COUNTY OF SAN D1M;O. 1 RESOLUTION NO. 7420, El DENY AN APPEAL AND uPl?OLD THE PLANNING COMMISSION'S DENIAL OF THREE PflOPOSED - OF THE LAND USE ELEMENT OF THE GENERAL PLAN - GPA 70(A) ALANDA; GPA/W 83-9 TRUI'IT AND GPA/LU 83- 1 3 KOBLENTZ . RESOLUTION NO. 7421, DENYING A PROPOSED AMEND"T OF THE LAND USE ELEMENT OF THE CITY'S GENERAL, PLAN - Q'A/LU 83-2 - (ROBERTS). RESOLUTION NO. 7422, DENYING ZONE CHANGE ZC-276 ALANDA: ZONE CHANGE ZC-285 TRUI'IT AND ZONE CHANGE ZC-287- KOBLENTZ AND DENYING RELATED REQUESTS MP- 2(A), SP-23(D), AND SDP 83-8. I - *os COUNCIL \\$ 539 0 A* Jb % MEMBERS % %% f Casler X Prescott X Chick xx Kulchin X Lewis X Casler Chick Kulchin X Lewis X xx Prescott Casler X Lewis X Kulchin xx Chick X Prescott X Casler X Lewis X Kulchin xx Chick Prescott X Casler X ' Lewis X Kulchin xx Chick X Prescott X MINUTES 33 Y 1 December 6, 1 983 Page 4 Council introduced the following Ordinances: ORDINANCE NO. 9702, AMENDING TTILE 21 OF ?HE CARLSBAD MUNICIPAL ODE BY F'@lEXDING THE ZONING MAP TO GRANT A mGE OF ZONE (ZC-291) FROM R-A-10 AND COUNTY OF SAN DIEGO E-l -A ?o CITY OF CARGSRAD PC WITJiI AN F-P OVERLAY ON PROPEW GENWFXLLY LCCATED AND EL CAMIN0 REX,. ORBIXANCE NO, 9703, AEENDING TITLE 21 OF "E To GRAhJT A PREANNEXATIONAL ZONE CEIANGE FROM CDUNTY E-1-A ZONE TO CITY OF CARLSEAD RE"(0) AND Q-S CN PWPERTY GENERALLY JBCATED IMMEDIATELY SXJ" OF PAlXfWR AIRPoIiT BUSINESS PARK, 1 I 500 FEET WEST OF EL CAMINO PEAL. I BETEVEEN ?HE EASTEFULY K-E OF AWA HEDIONDA LACxx7N CARLSBAD MUNICIPAL COI?E BY A"DE ?HE ZONING MAP Council adopted the followinq Resolution: (77) RESOLUTION NO. 7423, AUTHORIZING THE LAPITD USE PLANNING WAGER ?o SUEWIT AN AMENDMENT TO ?HE IlAND USE PLAN FORTION OF THE AGUA HEDIONDA LOCAL CEIITIFICATION. COASTAL PEKxZAM ?o THE COASTAL COMMISSION !XIR PUBLIC HEARINGS : (43) 16. AB #7575 - APPEAL OF PLANNING -1SSION DENIAL OF CORTDITIOMAL USE PERMIT - CUP-236 - JEHOVAH'S WTINESSES. Elike Holzmiller, Land Use Planning Manauer, uave the staff report as contained in the Agenda Bill, usina a transparency to show the location of the property and a uraphic showing the potential future residential J-ots on McCauley Lane. Mr. Holzmiller stated the main concern was the impact of trzffic on that street. In answer to query, Mr, Holzmiller stated the parcel map required access to Elm he waived, elirninatinu the possibility of a driveway there. Also, at the Monroe end of the lot there is a slope, which would preclude any access onto Monroe. Mayor Casler qened the public hearinq at 6:27 p.m. and issued the invitation to speak. Mr. Kenneth Barwick, 3434 Grove, Lemon Grove, Attorney representing the applicant, addressed Council, filinu a copy of the transcript of the Planning Comission hearinq as a part of the remrd, Attorney Barwick stated the single issue addressed by the Comission was traffic, and that consisted of conjecture, as that traffic doesn't exist at the present time. He stated the church had donated a ten-foot strip of land to the City on Elm Avenue, giving up their right to enter Elm. The reason the church was planned at the eastern end was it was felt this would have the least impact on future development. D c COUNCIL \\k 5 3 %' 7 MEMBERS % %% Casler Lewis X X Presmtt X Chick xx Kulchin X Casler Lewis X X Prescott X Chick xx Kulchin X Casler Lewis X xx Chick X Kulchin X X Presmtt I 333 MINUTES December 6, 1983 \\\ Page 5 COUNCIL pi MEMBERS . PUBLIC HEARINGS : (Continued ) Mr. Barwick stated there was a nursery on the north side of proposed McCauley , and the mer is in favor of the church location. If the property to the north is developed, the City would require an additional 20 feet of right-of-way, making over 60 feet, which would meet the City's reauirements for a. standard street. There would be a mxim allowance of 500 trips, 200 for the residents and 300 for the church. with only 77 spaces in the parking lot, this trip capacity would be within the City's criteria, especially since the church would meet on Sunday and one other night during the week. Mr. Barwick explained the church members now travel to Oceanside to attend their meetings, since there is no church in Carlsbad. Mr. John McAllister, 6464 Corsica Way, San Diego, Traffic Engineer, addressed Council on behalf of the applicant, stating the difference between the applicant's proposal and that of staff is which end of McCauley Lane the church would be located. He stated the traffic and parking would be the same at either end. Mr. Barwick stated the Planning Comnission ascertained there was not a traffic problem, but a land use conflict. He cx>mmented if this were true, a church would never be built in a residential neiqhborhocd. However, there is a church just across the street from the proposed site of this church. Mr. Barwick: stated he felt the overflow parking at churches was caused by the old standard of five seats for every allowed car space in the parking lot. The new standard of three seats is adequate, which would eliminate any overflow parking. Mr. Barwick cornnented that the church is not used for recreational, social or commercial activities. Mr. Richard Macgurn, 2800 Wilson Street, addressed Council in favor of this Project. He felt the traffic problem would be qreater with the church at the corner of McCauley rather than at the end of the cul-de-sac. Mr. Maurice Kimball, 1623 Jams Drive, addressed Council in favor of this development of that llow vacant land. Donna Sabol, a Member of the Carlsbad Jehovah's Witnesses congregation, spoke in favor of the project, stating the mmbers do not aJ.1 arrive and leave at the same time, but spend time in fellowship, thereby reducing traffic problems. Attorney Earwick stated that if and when the property to the north is developed, the City could, if it were felt necessary for traffic, ask them for 30 feet , i dedication instead of 20 feet. pL% 3 4s 8 33 s5 MINUTES - Decerrber 6, 1983 Page 6 PUBLIC HEARINGS: (Continued) Council Member Lewis inquired whether the church would sell the remainder of the lots on the south side of the street, and Mr. Barwick answered the first two lots next to the proposed church site are owned and occupied by church mmbers. Since no one else wished to speak on this item, the public hearing was closed at 6:54 p.m. Mayor Casler stated that nine years ago, during her term on the Planning Comission, there had been an application for a church in the middle of a block on Oak Avenue. She stated the determination at that time was that it was qpropriate for durches to be built on corners, and she re-affimd her support of that determination. Council expressed agreement with the mnunents of the Mayor. Thev expressed mncem about the traffic issue and suggested the church shou1.d be located on the westerly portion of the lot. Council directed the City Attorney to prepare documents denying the appeal and upholding the Planninq Comission decision to deny CUP-236. I (lo5) 17. AI3 #7576 - PROJECT SELECTION FOR TENTH YEAR COMMUMITY DEVELLFMFNT BLQCK.GRANT PRcxsEcrS. Chris Salamone, Connnunity Redevelopment Manager, gave the staff reprt as contained in the Agenda Bill, calling attention to the recommendations made by Housing & Redevelopment Advisory Committee. A transparency was used to shaw the eligibility area, which was enlarued this year to include the area west of the railroad tracks. Project #1 was questioned by Council Member Prescmtt, since it was not a City-owned or operated facility. Staff responded that it was determined this project would benefit low and mderate income people in tha.t area and was eligible. The new parking lot by the railroad tracks was discussed, and the amount of usage of that lot, other than the 20 to 25 spaces being used by Maintenance at the southem end of the lot. Mayor Casler opened the public hearing at 7:14 p.m. and issued the invitation to speak. Mr. Tom Perloski, 2965 Roosevelt Street, President of the Board of Directors of the Carlsbad Boys and Girls Club, addressed Council stating that Parks & Recreation uses their facility five nights a week and Saturday and is the heaviest user. Parks & Recreation has no gym and uses the gym at the Boys and Girls Club. This is a charitable trust and not a private organization. B c COUNCIL \\y 5 ?$ %% 4 MEMBERS % %% Casler X Presmtt X Chick X Kulchin xx Lewis X 33 / MINUTES 1 December 6, 1983 Page 7 PUBLIC HEARINGS: (Continued) Mr. C. L. Daugherty, 3175 Harding Street, Carlsbad Union Church, addressed Council, referring to a letter he had written, and which the Council Members had the Business Administrator for the Union Church and expressed concern with the alleyway behind the Church. This alley has heavy foot travel as well as vehicle use and is in need of repair. Mr. Dauqherty expressed the thought that either the City or the Church might be responsible if someone were iniured in the alleyway due to the potholes. Since no one else wished to speak on this item, the public hearing was closed at 7r25 p.m. Mr. Roger Greer, Utilities Department Director, reported to Council that the alleys are a heavy maintenance item, and the alleys in the redevelopment area are not up to standard. He stated the alley behind the Union Church has very high usage and is in need of repair. Mayor Casler inquired of Mr. Salomne the price division on Item #8, and Mr. Salomne confirmed $15,000 was for the street and $20,000 was for the parking lot paving. A discussion mng Council Members on the alleyway back of the Union Church resulted in a consensus of opinion that this should be added to the approval list. Council adopted the following Resolution with projects #1, #8 (without parking lot), #lo, #22 and #24 designated: RESOLUTION NO. 7424, REQUESTING SPECIFIC PROJECTS FOR FUNDING UNDER 'IHE lTNTf3 YEAR CoMMUNITY DEVELOPMENT RLOCK GRANT PRoGRF_M. 1 received copies prior to the meeting. Mr. Daugherty is (99) 18. AB #7566 - APPEAL OF PLANNING CoElMISSION APPFOWG OF A TENTATIVE MAP A"ENT - CT 81-6(A) - JEWE3T. Mayor Casler announced this item had been withdrawn and would not be heard. b (439 19. CONTINUED PUBLIC HEARING FOR NUISANCE AI3A"ENT - CHAPPEE. Marty Orenyak, Building & Planning Director, reported on the problems experienced by Mr. Chappee and his subsequent request for an extension of time. He recommended continuing this matter until January 3, 1984, and granting Mr. Chappee a 9O-day extension until February 28, 1984. - \jk %p%% COUNCIL "0 $3, MEMBERS Z. 6 Z. Casler X Prescott X Chick X Kulchin X Lewis xx I 33 0 MINUTES /\b %pw December 6, 1983 Page 8 PUBLIC HEARINGS: (Continued) Mayor Casler cpened the public hearing at 7:43 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council continued this item to January 3, 1984, and Casler X extension until February 28, 1984. Kulchin xx Chick X Prescott X COUNCIL "0 $% MEMBERS Z. 8 Z. I supported staff recomndation to grant a 9O-day X Lewis (26) 20. AI3 #7342 - Supplement #4 - CONFIRM ASSESS"E AND AUTHOMZE DEFERRED PAYMENT OF ASSESSMENTS FOR THE MONROE STREET ASSESSMENT DISTRICT. Dave Hauser, Acting City Enqineer, gave the staff reprt on this item as contained in the Agenda Bill. Mayor Casler opened the public hearing at 7:48 p.m. and issued the invitation to speak. Sin.ce no one wished to speak on this matter, the public hearing was closed. Council adopted the following Resolutions: Casler X Lewis X RESOLUTION NO. 7429, CONFIRMING "REPORT" OF THE Kulchin xx SUPERIPTIENDENT OF STREETS CW COST OF coMsTRucTION, AND X Prescott CONFIRMING AND LEVYING ASSESSMENTS IN CHAPTER 27 X Chick PROCEEDINGS UNDER THE "IMPFOVE!W?AT &CT OF 191 1 'I. RESOLUTION NO. 7430, AUTHORIZING DEFERRED ANNUAL PAYMENT ON SPECIAL ASSESSMENTS. RECESS : Mayor Casler declared a recess at 7:50 p.m. and Council re-convened at 8:Ol p.m. with all Members present. DEPAKIMENTAL AND CITY MANAGER REPORTS: Engineering (97) 21. AB #7577 - PLANS AND SPECIFICATIONS AND TRANSFER (45) OF FUMDS FOR ALGA ROAD IMP- - CONTRACT NO. 3141. Dave Hauser, Acting City Enaineer, gave the report on this item as contained in the Agenda Bill, stating staff would like Council to permit a consultant to be hired to prepare plans and specifications for the traffic signal at Alga and Alicante, and return to the Decenhr 20, 1983, meetinq with documents. Council adopted the following Resolutions: Casler X Lewis X RESOLUTION NO. 7425, AJ?PFOVING PLANS AND Kulchin X SPECIFICATIONS, AND AUTHORIZING WE CITY CLERK 'IO Chick X INVITE BIDS mR WE ALGA FOAD plpRovEMENTs - COJSFCRACT XI( Prescott NO. 3141. RESOLUTION NO. 7426, AUTHORIZING THE flRANFER OF FUNDS FOR ALGA FOAD IMPROVEMENTS - CONTRACT NO. 3141. RESOLUTION NO. 7427, ACCEPTING A GRANT DEED. B 3 27 MINUTES 7 Page 9 \\y 5 December 6, 1983 COUNCIL % %' 3 MEMBERS % %% Council directed staff to prepare documents to present X Chick the transfer of funds for that purpose. X Kulchin at the intersection of Alicante and Alga Road and X Lewis at the next meeting for the design of a traffic signal X Casler Prescott xx I City Manaqer (77) 22. A€? #7578 - PREPARATION OF STATEMENT AND MAPS CONCEIWING THE CARLSBAD LCP. Mayer Casler gave the report on this item as contained in the Agenda Bill. Council directed that documentation be prepared Casler xx for Senator Craven's office on Carlsbad's LCP. Lewis Chick X Kulchin X X Prescott X (86) 23. REQUEST BY MS. NEGRETE FOR COUNCIL CONSIDERATION OF RESOLUTION, Mrs. Negrete addressed Council with regard to her letter to the City Manager and the Resolution attached. Mr. Maurice Kimball addressed Council statinq he felt this was not within the Council's authority and the President of the United States and the Congress were the ones to take such action. Council took no action and filed this request. Casler xx Lewis X Kulchin x Chick X Prescott X Council Member Kulchin left the Eeting at 8:14 p.m. Utilitieshaintenance (93) 24. AB #7231 - Supplement %1 - SEWER USER CHARGES, Roger Greer, Utilities Director, gave the staff report on this item as mntained in the Agenda Bill. b Council introduced the following Ordinance: Lewis X Casler xx Prescott THE cA_RLSBAD MUNICIPAL CODE BY ?HE AMENDMENT OF SECTION X Chick ORDINANCE NO. 7067, AMENDING TITLE 13, CHAPTER 13.12 OF X 3.12.020 TD ADJUST SEWER SEWICE CHARGES, (29) (29) (68) (76) 328 MINUTES I\? %pw COUNCIL /o %.p, Decerriber 6, 1983 Page 10 MEMBERS * rl, * 25. AB #7423 - Supplement #I - REVISED SANITATION BUDGET FOR FISCAL YE?iR 83-84. Roger Greer, Utilities Director, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: xx Casler Lewis X RXSOLUTION NO. 7431, REVISING THE SANITATION BUEET. EOR Chick X FISCAL YEP3 83-84. X Prescott 26. AB #7423 - SUppl-t #2 - REVISEXI WAm BUDGET FOR FISCAL YEAR 83-84. Council adopted the following Resolution: X Cas ler Lewis X RESOLUTION NO. 7432, REVISING THE MTEX ENTERPRISE X Prescott BWET FOR FISCAL YEAR 1983-84. xx Chick City Council 27. AB #7376 - STp1-t #I - AF'POlNTFENT TO BOARD OF DIRE@TORS OF FOUNDATION FOR cAIII;sRAD COMMUNITY CABLE TELEVISION. Mayor Casler gave the report on this item as contained in the Agenda Bill, adding that Dr. Curtin should be replaced with another Mer of the Board of Trustees, and when that dnation is received, it will be placed on the Agenda. 28. AB #7579 - PLANNING COMMISSION APPO~. Mayor Casler announced Mr. Friestedt had resigned frm the Planning Cdssion as he was leaving the City. She asked the Council Menibers to return to the next regular Council Meeting with ncsninations for the replacement. aIuNCIL REPOWS : Parks & Recreation Conmission Council Member Lewis reminded Council of the Chrisms Party to h held December 19, 1983, at Hading Street Center. JAC Mayor Casler reported on recent action by Mttee to determine how negotiations will ke handled. WSED SESSION: Council adjourned at 8:30 p.m. to a Closed Session. Mayor Casler announced that personnel would be discussed. Council reconvened at 9:37 p.m., with four Council Menibers present and Council Member Kulchin absent. Mayor Casler announced that personnel mtters had 'ken discussed and no action taken. - 32? MINUTES COUNCIL \\k 5 % %' ? Deceniter 6, 1983 Page 11 MEMBERS % %% moum: By proper mtion, the meeting was adjourned at 9:38 p.m. to Wednesday, Deceniber 7, 1983, at 3:OO p.m. in the Council Charribers. Respectfully suhnitted, ag&%.& &. l?- ATdEx!mL. RAuTENKma, City Clerk Harriett Babbitt, Minutes Clerk