HomeMy WebLinkAbout1985-02-05; City Council; Minutes- -
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Meeting of: CITY CVUNCIL (Regular Meetinu)
Date of Meeting: February 5, 1985 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers
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CALL TO ORnER.: 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, Chick,
Kulchin and Pettine.
Absent: Mne.
I INVOCATION was given by Pastor Steve Seelig of the Las Flores Nazarine Church.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
MINUTES :
Minutes of the Regular Meeting held January 22, 1985,
were approved as amended.,
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Mayor Casler announced a request siqned by all the property Owners affected on Item 22, askinq for a
continuance for 60 days, had been received. j
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Council continued Item #22 to the meting of April 2, 1985.
CONSEWC CALENIXIR:
Council Member Pettine reuuested Item 83 be withdrawn
from the Consent Calendar.
Council Member Chick requested Item #5 be withdrawn from the Consent Calendar.
Council confirmed the action of the Consent Calendar, with the exception of Item #3 and Item #5, as follows:
WAIWR OF ORDINANCE TEXT READING:
Council waived the reading of the text of all ordinances and resolutions at this meting.
(58) 1. Al3 #Bo44 - "I'IFICATION OF DEMANDS AGAINST THE CITY.
Council ratified the payment of demands against the City in the amount of $3,158,261.71, for the period January 10 to January 31, 1985; Payroll demds in
the mount of $321,785.92, for the period December
31, 1984, to January 13, 1985; and Housing demds in the amount of $65,029.06, for the period January
10 to January 31, 1985.
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February 5, 1985 Page 2
CQNSEMT mm: (Continued)
( 50) 2. AB 88045 - REFUND OF FEES.
Council approved the refund of $1, 517.85 to Russell Grosse; $1,484.98 to Pacific Scene; and
$10,265.00 to Christ Presbyterian Church for
overpayment of fees.
3. This item was withdrawn from the Consent Calendar.
4. AB #7701 - Supplement A2 - CURB, GUrrER, AND ti3 SIDW REPLACEMENT PRoGR?m - CONTRACT No. U/"l.
Council accepted the curb, uutter and sidewalk
replamnt mrk as complete and directed the City
Clerk to record the notice of completion and
release bonds appropriately.
5. This item was withdrawn from the Consent Calendar.
(68) 6. AB #a048 - LEAGUE OF CAGIFORNIA CITIES BY-LAWS
REVISION, ~~""_
Council authorized the Mayor to support the
revision of the League of California Cities 5- Laws which would increase dues from $100 to $350
yearly.
( 74) 7 . AB #SO49 - AMENDING VARIOUS CLERlclAL
CLASSIFICATIONS.
Council adopted RESOLVTION NO. 7896, amending the
classification and salary plans of the City to include various changes.
(99) 8. AB #5088 - Supplement #10 - ACC~ZWCE OF PUBLIC
IMPFOVEMENfs - CY' 77-2 - BUENA KXIDS.
Council accepted the improvements and authorized the City Clerk to record the notice of mnpletion and release bonds, and directed the Utilities and Maintenance Departments to cOnrmence mintaining the public streets associated with the subdivision.
(99) 9. AB #3253 - Supplement #9 - ACCEPTANCE OF PUBLIC IMP~JZXQI'S - C" 74-14A - TEMPLIN HEIGHTS UNIT NO. 2.
Council accepted the improvements and authorized the City Clerk to release bnds, and directed the
Utilities and Maintenance Departments to comnence maintaining the public streets associated with this subdivision.
(107) 10. AB #8050 - STREm VACATION FOR A PORTION OF PARK DRITE.
Council adopted RESOUPTIOE! BO. 7898, declaring its intention to vacate a prtion of Park Drive.
(25) 1 1 . AB #sa51 - CARLSBAD LAND INVESTORS ANNEXATION.
Council adopted RESOLUrION NO. 7899, approvinu the annexation of certain uninhabited territory
hereinafter described and designated as the Carlsbad Land Investors Annexation.
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CONSENT cALEM)IAR: (Continued)
12. AB #8052 - GREME(L ANNEXATION.
Council adopted RESOLUTION NO, 7900, approving the
annexation of certain uninhabited territory
hereinafter described and designated as the Gremkl
Annexation.
13. AB #8053 - ACCmmXE OF FQWION OF ALGEY, N0KI'I-l OF JUNIPER AVENUE, EAST OF CAREBAD BoULEvAEIL).
Council adopted RKSOLUI'ION NO. 7901, accepting a
grant deed for public right-of-way easement purposes for an alley north of Juniper Avmue, east of Carlsbad E3oulevard.
14. AB #8054 - PURCHASE OF OPEN OFFICE SYSTEN AND MISCELLANEOUS OFFICE FurwITURE.
Council adopted RESOLU'J!ION NO. 7902, authorizing the transfer of funds and accepting a bid and authorizing the execution of a purchase order for open office system and miscellaneous office furniture .
15. AB #8023 - Supplement #1 - ZONE CHANGE, TENTATIVE
MAP AN) coNI)(=MINIUM PERNIT - ZC-308/CT 84-11/CP-283 -
CARLSBAD RACQUET CLUB - (F~NAIvED TO OCEAN VISTA).
Council adopted RESOLUTION No. 7903, denying ZC-308
a zone change from R-1-10,000 to "(Q) and OS
and CT 84-11/CP-283, a proposed 104-unit tentative subdivision map and condominium permit on property
generally located between Carlsbad Boulevard and
the AT&SF Railroad at Anacapa Road.
16. AB #8060 - AU"EIORI7ATION FOR PLANNING COMMISSIofa TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNING COME.?ISSION INSTITLJTE. ~~
Council adopted RESOLUTION No. 7906, authorizinq six City Planning Codssioners to attend the 1985
League of Califiornia Cities Planning Corranissioners Institute and transferring funds.
ITEMS REMOVED FROM THE CQNSEWF CALEMIAR.:
3. AB #8013 - Supplement #1 - BUDGGT TRANSFERS FOR
APPROVED "ADM3AcK" PROGRAMS.
Council Member Pettine stated he asked for this item to
be withdrawn to register a "no" vote on Items 12, 14
and 16, in the attachment to the Resolution,
Council Member Lewis asked for a "no" vote to be
registered on Items 12 and 16.
Council adopted the following Resolution with "noV1 votes on Item 12 for Council Members Lewis and Pettine;
"no" vote on Item 14 for Council Member Pettine; and
"no" votes on Item 16 for Council Members Lewis and Pettine:
RESOLUTION ha. 7897, AUTHORIZING THE APPFOPRIATICN AND
TWSFXR. OF FUMDS EOR VARIOUS FmmS TD THE 1984-
85 OPERATING BuTx;EIc AND AUTHORIZING THE TDAN OF FITNDS
To THE CITY REDmmPMm AGENCY. LG
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February 5, 1985 Page 4
( 79) 5. AB #8047 - PUBLIC FACILITIES AGREEMENT FOR COUNTY
(45) INDUST€uAL PARK Pwm.
Council Member Chick said he wanted to hear from the City Attorney's Office explaining why the City was
waiving fees for the County on the park project.
City Attorney Vincent Biondo answered the County would
pay fees here fees applied; €or example, if they
leased out to private enterprise. The County does not
want to pay for County activities and the agreement
states the County will not pay, but if they lease or sell any of the parcels, that person will have to pay.
In answer to query, Mr. Biondo answered any non-profit
organization, Government mency, State or Federal, does not pay the public facilities fee and business license
tax.
Council approved the agreement with the County for payment o€ public facilities fees for the County Industrial Park Project.
ORDINANCES FQR ADOKTION:
(78) 17. AB #8038 - SPEED LIMIT FOR TAMARACK AVENUE FROM EL
CAMIN0 REAL To SKYLINE ROAD.
Council adopted the following Ordinance:
ORDINANCE No. 31 85, AMENDING TITLE 10, CI-rPSTER 10 -44 OF
THE CARLSBAB MUNICIPAL mDE BY THE ADDITION OF SECTION
10.44.180 TO ESTABLISH A THIRTY-FIVE MILE PER HOUR
SPEED LIMIT ON "ARACK AVENUE FROM EL CAMINO REAL 1[0
SKYLIW mAD.
(114) 18. AB #6589 - Supplement #1 - ZONE CODE A" TO
MODIFY PARKING SETBACK FSQUIF?E!MEBTS - ZCA-133.
Council adopted the following Ordinance:
ORDIMWCE NO. 9752, AMENDING TITLE 21, CW"ER 21.44
(USES GENERALLY), SECTION 21.44.160 OF THE CYdtLSW
BY REDtJCING THE S1DEY-D SITIBACK OF uNcovE.RED
PARKING WX.
MUNICIPAL ODE E3Y AMENDIPG SUBSECTION 21.44.160(6),
(1 1 3) 19. AB #8022 - Supplement #1 - PREA?mmATIONAL ZOME:
( 99) CHANGE AND TEJTCATIVE MAP - ZC-318/CT 84-35 - J?m
HILLS.
Council Member Pettine stated that because one of the speakers on January 15, 1985, on this item, was a personal friend of his and his campaign Treasurer, he would abstain.
Council adopted the following Resolution and Ordinance:
RESOLUTION JSD. 7904, APPROVING WITH O=INDITIONS A 248-
LOT TENTATIVE MAP CT 84-35 ON 85.5 ACRES OF PROPEXTY
TERMINUS OF PONTIAC DRIVE.
GENERALLY IDCATED (3!? THE SOUTH SIDE OF THE SOUTHERLY
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February 5, 1985 Page 5
ORDINANCE NO. 9749, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL ODE BY AMENDING 'FETE ZONING MAP FDR A
PREWWEXATIOW& ZONE CHANGE FROM A-70 (Cou_nJTJ) TO IE-1-
8,000 ANI> R-1-7,500 Ob? APPWXIMATELY 65.5 _ACRES CW
TERMINUS OF POMTIAC DRIVE.
PFXIPERFY GENERAUY JXRTEL, ~~ OF THE SOUTHERLY
PUBLIC HEARINGS:
(88) 20. AB #8026 - Supplement #I - MOBILE FOOD PREPARATION UNITS - (HOT TRVCKS).
Assistant City Manager Frank Mannen gave the reprt on
this item as contained in the Agenda Bill.
Mayor Casler opened the public hearing at 6:19 p.m. and issued the invitation to speak.
Mr. Tim Tillyer, 606 East Valley Parkway, Escondido, Superintendent Sanitarian with the County Health
Department, answered questions of Council regarding hot
trucks and the inspection process.
Frank Mannen, Assistant City Manager, discussed the
report contained in the prior packet which noted
deficiencies durinq 1983 and 1984, but made no
reference to traffic accidents or fire problems.
Mr. Tillyer admitted that one of the problems with the
hot trucks was the ability to locate the trucks in order to inspect them, since the routes are not known to the Department.
Mr. Jerry Dawson, 7851 Mission Center G, San Diego, representing Cajon Valley Catering, spoke in favor of the hot trucks, stating there have been no cases of f poisoning or any injuries in any way with the hot truck
in San Dieqo County. ~
Mr. Dawson sugqested an alternative to prohibiting the trucks wuld be a requirement to supply the Health
Department with the routes of the trucks, in confidence, to &e inspection of the trucks easier.
He suggested it was merely a matter of enforcewnt of the existing regulations.
Mayor Casler asked for one representative from the group opposing the hot trucks to give testimony, since a number of individuals had testified at the meeting of January 15, 1985.
Mr. James Marinos, 111 Elm Street, Attorney representing a nmhr of mbile food operators, spoke
to Council explaining the difference Setween the "cold"
and "hot" trucks. He stated this was not a mtter of
competition, but a question of health and safety
regulations.
Since no one else wished to speak on this item, the public hearing was closed at 6:58 p.m.
Council Members expressed their opinions regarding whether the issue is health or economics, and determined the hot trucks auld continue to operate for a period of six mnths, with a report from the City Manager's Office to 'be made at that time.
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(43) 21. AB #8055 - APPW OF CONDITIOXAL, USE PEPMIT FOR A
91-UNIT PROFESSIONAL CARE FACILITY - CUP-255 - VILLAS
DE CARLSBAD.
Mike Hohniller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda
Bill, using a transparency to show the site and wall
charts shming the site plan revision and the exterior elevation of the buildings.
In answer to query, Mr. Holzmiller stated the question
of mnversion to apartments, m-d any time limit set on
that, could be wrked out in an aqreement with the
City.
Ron Beckman, City Engineer, answered uuestions regarding the traffic sicrnal at Jefferson and Laguna, stating that signal was near warrant stage now, and would be required if this project is built.
Mayor Casler opened the public hearing at 7:19 p.m. and issued the invitation to speak.
Mr. W. Major Chance, 1060 - 8th Avenue, Income Property Group, spoke in favor of the project, stating they had no intention of converting the units to apartments.
Mr. Chance describeia the facility and listed the services to be provided for the tenants.
Mr. Larry Sill-, Sillmn&man t Associates, 10671
Roselle Street, Ste. 200, San Diego, Architect for the
project, comnented on the features of the project.
Mr. C. David Goodin, 8923 Stimson Court, San Diego,
Health Care Group, Chief Operating Officer, listed the
amenities mvered by the mnthly rent and the program
designed for the care of the elderly.
Mr. Ronald McElliott, 10530 Vista Laqo, San Diego, IFG,
stated this was one of the best uses for this property, since it would buffer the noise from 1-5 for the other
residents and provide services for the elderly.
Since no one else wished to speak on this item, the
public hearing was closed at 7:37 p.m.
Council Meer Lewis inquired whether the 19.5 density factor would remain if the property were sold. Mr.
Holzmiller stated the density would remain. Mr. Lewis
said that he wuld rather the project revert back to mean density if that happened. Mr. Holzmiller said
that could be required as part of an agreement with the owner, but there was also no guarantee of approval of any plan for conversion.
City Attorney Vincent Biondo said the developers would be taken at their word, and the deed would contain a
conversion restriction. Also, if Council desired, a condition could be added to require the traffic signal
now rather than as a future decision.
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Council directed the City Attorney to prepare documents
Pettine requiring installation of the traffic signal at
Chick requiring a deed restriction re mnversion, and
Kulch in decision to approve CUP-255, with added conditions
Lewis denying the appeal and upholding Planning Comission X Casler
Jefferson and Laguna prior to occupancy.
(1 13) 22. AB #SO03 - RESIDEWFIAL SPECIFIC PLAN FOR
SUNNYCREEK AREA - SP-191 - CITY OF CARLSBAD.
This item was mntinud for 60 days; to be heard April
2, 1985.
(1 14) 23. AB #8056 - ZONE CODE WE" TO MODIFY KEIGHT RESTRICTION SECTION OF THE MANUFACTURING ZOraE - ZCA-
182.
Mike Holmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill.
Mayor Casler opened the public hearing at 7:49 p.m. and issued the invitation to speak. Since m one wished to speak on this item, the public hearing was closed.
Council introduced the following Ordinance: Casler
OFtDINANCE NO. 9753, AMENDING TITLE 21, CHAPTER 21.32, Kulchin
OF THE CARLSFMI MUNICIPAL CXlDE BY AMENDING SECTION Chick
21.32.050 733 REVISE THE HEIGEiT RE!3'EUCTIoMS IN THE E? Pettine I
ZONE.
RECESS :
Mayor Casler declared a recess at 7:SO p.m., and Council re-convened at 8:OO p.m., with all Medxrs present .
DEPAKPIENTAL AND CITY MANAGER REPOR!TS:
Engineering
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(96) 24. AB #8057 - "WAY STOP CONTROL AT INfERsmION
OF POINSmIA LAND WITH PASEO DEL N3RTE AND WITH
BATIQUITOS DRJSm.
Ron Beckman, City Engineer, gave the staff report on this item as contained in the Agenda Bil-1.
Council adopted the following Ordinance: Casler
Lewis
ORDINANCE ra0. 31 86, mING TITLE 10 , CXWTER 10.28 OF Kulchin X
THE CARISBAD MUNICIPAL ODE RY THE - OF SECTION Chick
10.28.321 RE&UI€UNG BATIQUITOS DRIVE TD SrOP EOR Pettine
POINSEZTIA LANE; ADDING SECTION 10.28.323 REQUIRING
PO1NSE;TTIA LANE 'Io SrOP FOR PASEO DEL NOIl"rE; AND ADDING
SECTICN 10 -28.325 PEOUIFUNG POINSMTIA LANE TO SrOP
FOR EV4TIQUITOS DRIVE.
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City Manager
(68) 25. AB #sa58 - TOURISM DEVEJXIPMEXI? BUREAU ADVISORY
BOARD.
City Manager Frank Aleshire reported on the matter as
contained in the Agenda Bill.
Council Member Lewis expressed interest in serving on the Board.
Council reflected the desire to allow some time for public input on this matter.
Mayor Casler made a mtion to continue this item for
two weeks to get public input. Council M&r Kulchin
seconded the mtion. The mtion was subsequently withdrawn with consent of the second.
Chamber of Corranerce Executive \7ice-?resident Doug Yavanian asked for Board Members to help with decisions the next few weeks.
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Council appointed Council Member Lewis and City
Manager Frank Aleshire as permanent lyembers, and
Council Member Chick as an interim Menber of the
Tourism Developanent Bureau Advisory Board,
City Council
(68) 26. AB #7376 - Supplement #3 - APPO~XIMENTS TO EOAFEI OF DIRECTORS - E'OUNJXTION FOR C.ARLSBAD CoMMUNIm mm
TELEVISION.
(68) 26. AB #7376 - Supplement #3 - APPO~XIMENTS TO EOAFEI OF DIRECTORS - E'OUNJXTION FOR C.ARLSBAD CoMMUNIm mm
TELEVISION.
Mayor Casler announced that Bill Dominuuez and Robert Sheppard had expressed interest in being reappointed to
the Board of Directors.
Council adopted the following Resolution:
RESOLUTION NO. 7905, F.FAppoINTITx; BILL Ty)MINGUEZ AND
FOBERT SHEPPARD ?o THE FOUNDATION FOR cARz;sBAD
COMMUNITY CABLE TELEVISION.
CmJCIL mm:
Village Merchants
Council Member Kulchin gave an update on activities.
Library Board of Trustees
Council Menher Lewis reported on the recent meeting.
SANDAG
Mayor Casler reported on the activities and programs.
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Mayor Casler reported on recent activities.
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Legislative Deleqation mip to Sacramento
Council approved travel request for Mayor Casler and Casler
Council Mhr Chick to participate in the legislative Kulchin delegation trip to Sacramento.
x Lewis
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Pettine
OFF-AGEXWA IT" :
Guidelines for Citizens' Committee
Mayor Casler requested Council consider an off-auenda Casler
Chick concurred.
Kulchin Cornittee for the General Plan Review, and Council
Lewis item to adopt the guidelines for the Citizens'
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Pettine
Council Member Pettine felt the Cornittee should address this matter when they meet February 11, 1985.
He also asked for clarification on the guidelines
stating only the Chairman could speak to City staff.
Mayor Casler explained it was felt the members could
talk with their Chairman and he could act as the qo- between. If all members mntact staff, this could be
very time-consuming.
Council Member Lewis stated he had a problem with that rule, and felt the members of the codttee should be able to oontact staff mmbers.
Council adopted the quidelines for the Land iJse Review Casler X
Conunittee as previously presented by the Land Use Lewis
Planning Manager. Kulchin Chick Pettine
CITY ATIORIVEX ADDITIONAL BUSINESS:
City Attorney Vincent Biondo announced the City wuld
be in the 4th District Court of Appeal on Wednesday,
February 13, 1985, on the Calavera Hills/l?oy Ward
Tamarack reinhursement.
Mr. Biondo reported the WdlOnS case was decided in the
City's favor.
Mr. Biondo stated there would be a meting with the
attorneys for SDG&E on Friday, February 8, 1985, to try
to resolve the cities' action against them for unpaid franchise fees.
Mr. Biondo announced there would be a Closed Session, and with the change in the Brm Act as of January 1,
1985, the mouncemnt would be made as follows:
CWED SESSION:
The City Attorney has asked €or a Closed Session on litigation pursuant to Article 54956.9(a) of the Govenrment Code to discuss pending litigation; particularly matters relating to Garcia vs City of Carlsbad.
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Council adjourned to a Closed Session at 8:43 p.m., and re-convened at 8:54 p.m., with no action taken.
ADJOURWIENf:
By proper notion, the meeting was adjourned at
8:55 p.m.
Respectfully submitted,
&4 6cLLzEAd
ALE;THA L. .m-z "7 City Clerk
Harriett Babbitt
Minutes Clerk
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