HomeMy WebLinkAbout1985-06-18; City Council; Minutes0 0 MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: June 18, 1985 y$
Time of Meeting: 6:OO p.m. COUNCIL % 9A Place of Meeting: City Council Chambers MEMBERS % 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 Pettine.
Absent : None.
INVOCATION was given by David Courson, Director of the National Christian Fellowship.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
PROCLAPIATION:
Mayor Casler read a proclamation regarding the barbecue to be held Friday, June 21, 1985, to raise funds for the 4th of July fireworks and proclaimed Friday, the
21 st, as "Carlsbad Day".
Mayor Casler announced there would be a closed session at the end of the meeting tonight on litigation, meet and confer and individual meetings with the City Manager and City Attorney for evaluations.
APPROVAL OF MINUTES:
The Minutes of the Regular Meeting held May 14, 1985, Casler 1
were approved as presented. Lewis I
Kulchin XI
Chick I
Pettine I
CONSENT CALENDAR:
Council Member Chick requested Items 8 and 11 be
removed from the Consent Calendar.
Council approved the action of the Consent Calendar, Casler B
with the exception of Item 8 and 11, as follows: Lewis
E Pettine
E Chick
X8 Kulchin
2
1 WAIVER OF ORDINANCE TEXT READING:
I Council waived the reading of the text of all
ordinances and resolutions at this meting.
(50) 1. AB #8209 - RATIFICATION OF DEMANDS AGAINST THE
CITY.
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I Council ratified the payment of demands against the
City in the amount of $595,332.29, for the perid
May 31 to June 13, 1985; and Housing demands in the amount of $1,186.22, for the period May 31 to June
13, 1985.
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CONSENT CALENRAR: (Continued)
2. AB #8207 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 8054, accepting a donation of two hundred and fifty dol.lars ($250.00)
from the Twin Inns for the Parks and Recreation Department's Handicapped Program.
3. AB #8208 - GIFT FOR PARAElEDIC TRUST FUND.
Council adopted RESOLUTION NO. 8055, accepting a
gift for the paramedic trust fund.
4. AB #8210 - REFUND OF FEES.
Council approved the requested refund of $2,000.00
grading bond to Palomar and Conpany.
5. AB #7676 - Supplement #1 - ACCEPTANCE OF PUBLIC
1"ENTs OF LEXINOTON HOTEL - CT 81-5.
Council accepted the public improvements, authorized the City Clerk to release bonds at the appropriate time, and directed the Utilities and Maintenance Departments to mmnce maintaining the public streets associated with CT 81-5.
6. AB #8212 - CONTRACT WITH SX&E FOR SERVICE
CONNECTION FOR THE SAFETY AND SERVICE CENTER.
Council adopted RESOLUTION NO. 8057, approving a contract with San Diego Gas & Electric for the connection of gas and electric services to the Carlsbad Safety and Service Center.
7. AB #8213 - APPROVAL OF FINAL ENCINA BUDGET.
Council approved Carlsbad's share of the fiscal year 1985-86 Encina budget.
8. This item was removed from the Consent Calendar.
9. AB #8119 - Supplement #6 - REJECTING BIDS FOR
CARISBAD SAE'ETY AND SEHVICE CEWIZR BID PACKAGE NO. 4 - SECTIONS 4A, CONCREXE AND 4D, MASONRY.
Council adopted RESOLUTION NO. 8059, rejecting all
bids for sections 300641 concrete and 3006-4D
masonry for the construction of the Carlsbad Safety
and Service Center and authorizing the Purchasing Officer and City Clerk to readvertise and invite
bids for these bid package sections.
10. AB ?I8214 - EXECUTIVE LEAVE.
Council authorized papnt in lieu of leave to the City Manager in the amount of $1,584.24.
11. This item was removed from the Consent Calendar.
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CONSENT C2UDDAR: (Continued)
(71) 12. AB #8211 - PLANS AND SPECIFICATIONS FOR THE (45 ) CONS'I!RUCTION OF THE DEpCrr PARKING LMT - PFWECT NO.
3704.
Council adopted REsoUpTION NO. 8056, approving
plans and specifications and authorizing the City
Clerk to invite bids - contract no. 3704,
ITEMS REMOVED FROM THE CONSEXC CALENDAR:
(93) 8. AB #8126 - Supplement #1 - CENTRAL BUSINESS S'IDRM (45) DRaIN PROJECT No. 3085 - SUPPLEPENTAL CONSULTANT
AGREJ3".
Council Member Chick stated he had become aware of a letter this cmnsultant had sent to the public, and expressed the apinion the letter was in poor taste and
he preferred not to do business with them. He made a
motion to go out to bid or get another antractor for
this project. The mtion died for lack of a second.
In answer to Council query, Richard Allen stated another firm would have to hecome familiar with the project and this would take several weeks of training, thereby delaying the project and causing mre problems. Since there had been my problems with the storm drain contract, staff felt continuity of this
consultant was desired.
Council adopted the following Resolution:
RESOL,UTION NO, 8058, APPROVING SUPPLEMENT NO. 1 TO AN
AGREEMENT WITH !BASER & ASSOCIATES FDR o(INTRAcT
MANAGEMENT AND INSPECTION SERVICES.
(99 1 11, AB #8204 - Supplement #1 - DENYING THE APPEAL AEaD UPHOLDING THE STAFF'S DECISION ON A THREE-UNIT
CoN'IXMINIUM PROJECT - CP-310hlS-684 - OCEAN VIEW
CONDOS. Council adopted the following Resolution:
RESOLUTION No. 8060, DENYING THE APPEAL, AND UPHOLDING
THE CITY ENGINEER'S AND LF\ND USE PLANNING MANAGER'S
DECISION 'El DENY A THREE-UNIT CONDOMINIUM PROJECT
LOCATED AT 3376 (;ARFIELD STREET AND DENYING SAID PROJEC
CP-310/Ms-684 - OCEATWIEW cT)NDI)s.
PUBLIC HEARNGS:
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(43) 13, AB #8215 - APPW OF DENIAL OF CONDITIONAL USE
PERMIT - CUP-272 - LA COSTA LUTHERAN CHURCH.
Charles Grim, Principal Planner, gave the staff report on this item as mntained in the Agenda Bill, using a location mp transparency to show the site.
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Brian Watson, Battalion Chief, referred to his
memorandum dated April 22, 1985, and clarified the building code designations of buildings in the
industrial park, and types of uses that mmply with those designations. He also explained the County's
hazardous waste disclosure ordinance requirements.
Mayor Casler opened the public hearing at 6:31 p.m. and issued the invitation to speak.
Dan Johnson, 3471 Donna Drive, President of La Costa Lutheran Church, introduced the Pastor of the Church.
Reverend A1 Romreim, 444 North El Camino Real, stated
he has been the Pastor of this hurch since 1981, and they have been searching for land to purchase in order to build a permanent church. He stated this site is a temporary church only, and asked for approval.
M. J. Pearson, 2722 Athens Avenue, spoke in favor of
the request, and explained the current activities of
the church. He stated he felt the building met all building and safety des, and could be easily evacuated in an emergency by using the large roll-up door. He stated the conditions imposed by the planning
staff could be met, but requested one dhange. He asked for permission to hold worship services on legal
holidays that do not fall on a Sunday.
Since no one else wished to speak on this item, the
public hearing was closed at 6:44 p.m.
Council directed the City Attorney to prepare documents
granting the appeal and approving CUP-272, in acmrdance with the draft resolution of approval included with the Agenda Bill, with an amndment to allow worship services on legal holidays that do not fall on a Sunday.
( 106) 14. AB #8197 - Supplement #1 - UNDEJXXOUND UTILILTY
DISTRICT No. 9.
Chris Salomne, Corranunity Redevelopment Manager, gave the staff report as contained in the Agenda Bill, using
a transparency to shm the area.
Mayor Casler opened the public hearing at 6:52 p.m. and
issued the invitation to speak. Since no one wished to
speak, the public hearing was closed.
Council adopted the following Resolution:
RESOLUTION NO. 8061, DECLARING AND DESIGNATING THE
ALLEX EAST OF THE RAILROAD F" ELM AmE ~~ '?LO
CHRISTIANSEN WAY AS UNDEFGROUND UTILITY DISTRICT WO. 9.
(57) 15. AI3 #8084 - Supplement #3 - GENERAL PLAN A"ENT, (113) ZONE CHANGE AND AGUA HEDIONDA LAND PLAN AMENDMENT FOR
SNUG HARBOR AREA GPA/LU 85-4/ZC-329/AHuTp 85-1 - CITY
OF CAISLSBAD.
Charles Grh, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency
to show the zoning on the areas.
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Mayor Casler qned the public hearing at 7:OO p.m. and issued the invitation to speak.
Nick Banche, Attorney, located at 810 Mission Avenue, Oceanside, addressed Council on behalf of Mrs. Elsner and on behalf of Mr. and Mrs. Parker. He noted the proposed 4-10 designation for the property med 'by the Parkers was acceptable to them, Hawever, the proposed 0-4 designation on the property owned by Mrs. Elsner was unacceptable. Mr. l3anche stated Mrs. Elsner had purchased mmrcial property, and has been unable to build anything for seven years.
Mr. Banche also expressed the opinion that the Coastal
Cmission wuld not accept the 0-4 range, and he asked
Council to approve the 4-10 range.
Since no one else wished to speak on this matter, the
public hearing was closed at 7:06 p.m.
Council Member Chick announced that on the advice of the City Attorney he wuld exclude himself from the discussion and voting due to a possible conflict of interest. He left the dais for the remainder of this item.
Mayor Casler mmnted on the original negotiations witl
the Coastal Cdssion on the Aqua gedionda Land Use
Plan, and stated she felt the Coastal Commission would not agree with the 0-4 designation; since it is
too drastic a change from comrcial.
Council directed the City Attorney to prepare documents
amending the Land Use Plan on the western portion from
RC to RM and on the eastern portion from RC to W; and changing the zoning on the western portion from R-T to
RD" with the eastern portion remaining at R-1-15,000,
Mayor Casler announced that Item 25 would be taken out of order and heard at this time.
(81') 25. AI3 #8223 - ACQUISITION OF MR. DAVID THCMPSON'S
ROOSEVELT STREET PROPERTY.
Chris Salomone, Comunity Redevelopment Manager, gave
the staff report as contained in the Agenda Bill, using a transparency to shaw the site.
Frankie Runzo, 255 Elm, addressed Council in favor of this acquisition, stating input has sham there is a need for the parking lot.
Council adopted the following Resolution:
RESOLUTION NO. 8070, AU"HOKIZI!SG THE PURCHASE OF PROPEF?TY LOCXTl3D AT 2940 ROOSEVELT STREET, AND 'IHE WAN
OF FUNDS TO THE CARLSBAD REDEVELOPMENT XENCY.
HOUSING AND FEJXVELOPMENT COYMISSION:
Council adjourned to the Housing and Redevelopment Commission at 7:20 p.m., and re-convened at 7:55 p.m., with all. Council Members present,
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June 18, 1985 Page 6
RECESS :
I Mayor Casler declared a recess at 7:56 p.m., and Council re-convened at 8:lO p.m., with all Members present. I DEP-AL AND CITY MANAGER REPORTS:
(99) 16. AB #8216 - APPEAL OF PLANNING COMMISSION APPF0VA.L
OF A mF?IY-UNIT AE" PFOJECt' - -82 - ROOSEVELT
42.
Charles Grim, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency to show the site and a wall map shaving the additional ani t ies .
Mayor Casler referred to a memorandum distributed to
Council prior to the meting, from the City Engineer
dated June 18,'1985, clarifying the issue of traffic
associated with this project.
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I Marty Bournan, Acting City Engineer, explained the contents of his memorandum.
Roy Sanchez, 3432 Roosevelt, spoke in opposition to the project because of the density, traffic problems, violation of Council Policy 7872 and the recamendation
of the Land Use Planning Conunittee to change the density in that area.
Following mmnts, Council denied the apRal and unheld the Planning Cdssion decision approving -82.
17. AB #8217 - APPEAL REGARDING INSTALLATION OF TIME-
( 70) LOCK GATE AT BEACH ACCESS.
Dave Bradstreet, Director of Parks and Recreation, gave the staff report as contained in the Agenda Bill, using
a transparency to show the beach access.
James Popvich, 7436 Trim Lane, Parks and Recreation Commissioner, spoke as a Member of the Comnittee
assigned to investigate this request. He said the consensus of the Cdttee and the Commission was that
the access should not be closed. He added that within
150 yards either direction there are two paved accesses, and the only pxpose this gate would serve would be to keep people from walking by this apartment
building.
Jack Daniel, 2775 Ocean Street, Manager of Best Western Motel at that address, requested the appeal be denied, as this beach access was required by the City
when the addition to the mtel was built. He reprted
no problem or mnplaints regarding this access.
Michael Berlin, Attorney, 1241 Elm Avenue, representing
Dr. Joseph Vigil, owner of the property adjacent to the access, spoke in favor of the closing of the access at night. He stated there were continual problems with
vandalism, noise and garbage. Mr. Berlin presented letters from the Lutheran Home and adjacent property owners, along with photographs, in support of the
requested gate.
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Dr. Joseph Vigil, 2805 Ocean Street, stated he felt the access should be closed at night, especially with the curfew at 1 1 :OO p.m.
Council granted the appeal and directed staff to presenl
the proposal to the Coastal Connnission for a time-lock
gate closure at the Christiansen Way beach access between the hours of 1O:OO p.m. and 5:30 a.m., with the
cost of installation to be borne by the proAperty
owners.
(29) 18. AB #8218 - 1985-86 OPERATING BUDGET.
Frank Aleshire, City Manager, gave the report,
and requested that Council consider: (1) adopting the
operating budget; (2) directing the City Manager to return with documents to hplement the proposed
enterprise fund and mve for the Egineering, Building
and Planning Departments from City Hall; (3) authorize
a temporary lease to mve those three Departments; and
(4) continue consideration of the Capital Ilhlprovement Budget and continue consideration of the add-backs listed as reconmended programs.
Council Member Lewis questioned the possibility of purchasing space for the three departments rather than leasing and requested figures be brought back for both options. He also stated concern about out-of-state travel by employees.
Council Member Kulchin requested mre information on professional services be given in the budget next year.
Council Member Chick expressed concern about the reorganization of the three departments and the enterprise fund. He expressed the opinion that the
facilities was not the problem; that the problem is the performance of the departments. He also agreed with
the idea of purchasing space and sugqested staff look
into sites to buy and bring back a reprt within a few
weeks.
Council requested the City Manager to return with documents to implement the enterprise fund and mve the
Developvnental Services Deparments; also bring back
report on any financial possibilities for purchasing or
leasing space for those Departments.
Council approved the allocation of one-half of the requested $200,000 funding for the Calsbad Convention and Visitors Bureau at this time: with a review in
December for Council consideration of allocating the second half of the requested funding.
Council approved the recormendations of the Ad Hoc Comnittee on Social Services in the amount of
$30,000.00.
Council Members aqreed to defer action on the CIP and bring it back next mnth. This wuld mean deleting Section 8 from Resolution 8082.
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Council adopted the following Resolution, deleting Section 8: r RESOLUTION NO, 8062, ADOPTING THE FINAL OPERATING AND
CAPITAL BUDGGT FOR THE FISCAL YEAR 1985-86 FOR THE CITY I
OF CARLSBAD AND ESTABLISHING CXlJWFOLS ON CHANGES IN
APPROPRIATIONS FOR THE VARIOUS DEPARTMENT EVNDS.
The City Manager indicated that cut-of-state travel requests wuld be carefully reviewed.
(99) 19. AB #8203 - Supplement #1 - GRANTING APPEAL FOR 'ITTREE-UNIT CONDCMINIUM PROJECT - CP-306/MS-682 - SEAE3REEZE m,
Council Member Chick, for clarification, stated Mrs. Chavez's property was represented as a single-family resident at the last meeting, when in fact there are three units on that property.
Council adopted the following Resolution:
RESOLUTION NO. 8063, GRANTING 'JXX APPEAL FROM THE CITY ENGINEER'S AND IAND USE PLANNING MANAGER'S DECISION ?o
APPROVE A 3-UNIT CONDOMINIUM PROJECT LOCATED AT 3655 GARFIELD STREET AND DENYING SAID PKUECT CP-306/"%682.
(55) 20. AB #8219 - TRASH COLLECTION RATE STUDY,
City Manager Frank Aleshire gave the report as
contained in the Agenda Bill,
Council agreed to consider appointments to a five-
member citizens' corronittee to study the trash collection rates, with appointments to the mmittee
to be made at the Council meeting June 25, 1985,
(28) 21 AB #8220 - PERSONNEL BOARD APPOIN?MENTs,
Mayor Casler requested this item be continued for me week.
(103) 22. AB #8222 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. I Mayor Casler requested appintment of me member be continued one week.
Council adopted the following Resolution: I
RESOLUTION NO. 8068, APPOINTING JOHN FULLER 'ID ?HE CARLSRAD TRAFFIC SAFETY COMMISSION.
(63) 23, AB #8332 - LIBRARY BOARD OF TRUSTEE APPOINTMENT, I
Council adopted the following Resolution:
RESOLUTION NO, 8067, APPOIWTING HERBEKT FALKENSTEIN '110
THE CARLSRAD LIBRARY BOARD OF TRUSTEES.
( 28) 24. ME" FRCM COUNCIL MEMBER PE'ITINE. I
Council Member Pettine stated he muld like a mnnnittee to study beach erosion for six mnths and make a report.
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Mayor Casler stated in the last five years there have been eight reports on beach erosion, which information
could be shared. Also, other agencies have studied
beach erosion and made recomndations. She expressed her reluctance for having staff spend any time on this
subject .
Council agreed to establish a seven-member citizens'
committee to study beach erosion, with 30 days
advertising for applications, and a time limit of six months for study of the issue.
25. This item was taken out of order. (See page 5 of Minutes)
CIDSED SESSION:
Mayor Casler announced a closed session would be held on Thursday, June 20, 1985, at 6:OO p.m., to discuss litigation and meet with the City Attorney and City
Manager .
Council went into closed session at 10:04 p.m., to
instruct negotiators on meet and mnfer, and re- convened at 10:18 p.m., with no action taken.
AlMOUlWMENT:
By proper mtion, the Meeting of June 18, 1985, was
adjourned at 10:19 p.m., to Thursday, June 20, 1985, at
6:OO p.m. in the Council Chambers.
Respectfully submitted,
ALETHA dk!GioLd@% L. RAuTENKRAEaz
City Clerk
Harriett Ebbbitt
Minutes Clerk
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