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Home My WebLink About1985-09-03; City Council; Minutes- -c e 0 MINUTES . .. Meeting of: CITY COUNCIL (Regular Neeting) Date of Meeting: September 3, 1985 \p % Time of Meeting: 6:OO p.m. COUNCIL * % Place of Meeting: City Council Chambers MEMBERS % $ 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 Reverend Father David Capuchin0 of Christ the King Orthodox Catholic Church. PLEDGE OF ALLM;IANCE was led by Council Member Pettine. Mayor Casler stated there was a request to continue Items 14, 15, 16 and 17, and the two representatives confirmed this request. Council mtinued Items 14, 15, 16 and 17 for one Casler B week. Lewis 8 Kulchin B Chick XE Pettine 3 CONSENT CALENDAR: Council confirmed the action of the consent calendar, as Casler 2 Pettine x> Chick E Kulchin 2 Lewis follows: E WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. (50) 1. AB #8312 - RATIFICATION OF DENANDS AGAINST THE CITY. I_ Council ratified the payment of demands against the City in the munt of $1,295,189.45 for the period August 16 to August 29, 1985: Payroll demands in the munt of $363,251.38 for the period August 12 to August 25, 1985: and Housing demands in the munt of $2,999.53 for the period August 16 to August 29, 1985. (50) 2. AB #8313 - REFUND OF FEES. Council approved the refund of $1,031 .OO cash deposit for grading to Henry Tubbs. (62) 3 . AB #8314 - JOINT AND SEVERAL LIABILITY BALLMT INITIAm . Council adopted REsoulTION NO. 8162, proposing the League of California Cities initiate a statewide ballot initiative regarding joint and several liability. 2w - - 0 0 MINUTES September 3, 1985 Page 2 CONSEMT CALFNDAR: (continued) (55) 4. AB #5702 - Supplement #6 - AGREEMENT WITH BOYS AND (45) GIRLS CLUB FOR LITTER REMOVAL. Council adopted RESOLUTION NO. 81 63, approving an agreement between the City of Carlsbd and the Carlsbad Boys and Girls Club to provide litter removal services and authorizing the Mayor to execute said agreement. ( 74) 5. AB #8315 - AMENDING THE PROFESSIONAL EMPWYEES SALARY PLAN. Council adopted RESOLUTION NO. 8164, amending the professional employees salary plan of the City. ORDINANCE FOR INTRODUCTION: (47) 6. AB #8316 - FEVISIONS TO GRADING ORDINANCE. Council introduced the following Ordinance: ORDINANCE NO. 8105, AMENDING TITLE 11, CHAPTER 11.06 OF THE cARI;SRAD MUNICIPAL CODE BY ?HE AMENDMENT OF SECTION 11.06.030 3Xl DELETE SUBSECTION 10, BY ?HE ADDITION OF SECTION 11.06.035 TO CLARIFY THE GRADING ORDINANCE REQUIREMENTS WITH RESPECT !lD THE CLEARING OF VEGETATION AND BY THE - OF SECTION 11.06.080 '110 CLARIFY THE AUTHORITY OF THE CITY ENGINEER 'IO RELEASE GRADING BONDS . ORDINANCE FOR aDopTION: 7. AB #8303 - STANDAFW FOR DEDICATION OF LAND FOR ( 70) PARK AND RECREATION FACILITIES. Council adopted the following Ordinance: ORDINANCE NO. 9770, AMENDING TITLE 20, CHAPTER 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE - OF SECTION 20.44.040 !lD INCREASE THE STANDARDS FOR THE DEDICATION OF LAND ETlR PARK AND RECREATIONAL FACILITIES. PUBLIC HEARINGS: (57) 8. AB #8271 - Supplement #I - INTERIM LAND USE CONTROLS PENDING ADOPTION OF CITIZEN'S COMMITI'EE REC-ATIONS . Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill. Mayor Casler opened the public hearing at 6:16 p.m., and issued the invitation to speak. Since no me wished to speak on this item, the public hearing was closed. I 2 26 - \p 5 CQUNCIL 3 a' MEMBERS % q Casler Lewis Kulchin Chick X Pettine Casler Lewis Kulchin Chick x: Pettine . A - - 0 MINUTES e September 3, 1985 Page 3 Council Member Lewis referenced Exhibit "B" of the Ordinance, and questioned whether Council muld require the projects to met the new standards. Staff stated that during Council review of each of the projects listed on Exhibit rrB'r, Council could decide that the project should met the new requirements, and it could be mnditioned accordingly. Council Member Pettine could not support the exclusion of master plans from the new density ranges, Council Menher Pettine made a mtion to amend the Ordinance to provide that only those projects having building permits would be grandfathered under the previous regulations. Council Member Lewis seconded the motion. Motion failed for the lack of a majority. City Attorney Vincent Biondo suggested a sentence be added to the Ordinance in Section 2, stating that in making decisions on Exhibit "B" projects, Council may apply the Committee remandat ions on a project by project basis, to be determined by Council, Council adopted the following Ordinance: ORDINANCE NO. 9771, ADOPTED AS AN URGENCY MEASURE ESTASBLISHING TEMPORARY LAND USE CoNTRoLS PENDING CONSIDERATION BY THE CITY COUNCIL OF ZONE CODE AMENDMENTS, ZONE CHANGES AND GENERAL PLAN AMENDMENTS AS ReCO-D BY THE CITIZEN'S CnOMMITI'EE FOR THE REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN, as amended to include the additional sentence to be added in Section 2, stating that in &ing decisions on Exhibit "B" projects, Council may apply the Conunittee recommendations on a project by project basis, to be determined by Council. (.I 13) 9. AB #8299 - ENVIWJNMENTAL IMPACT REPoIiT AND (85) PREANNEXATIONAL ZONING - EIR 84-1/Z-307 - COAST l@STE "EWT. Mike Holzmiller gave the staff report as contained in the Agenda Rill, using a transparency to show the site. A transparency was used shaving the property division into the level area and the slope area. Mr. Holdller stated concerns in the EIR were access, circulation and land use cwnpatibility, and he used another transparency to show the site with the lower portion relating to the industrial pattern to the north. Mayor Casler opened the public hearing at 6:36 p.m., and issued the invitation to speak, Don Agatep, Planning Consultant, 2956 Roosevelt Road, representing Coast Waste Management, used a photograph exhibit and referenced the EIR findings and access problems. He stated they had no problem with the EIR and LC zone, but requested that the City look at what use would be suitable for the bttm of the canyon. outlined was suitable for planned industrial. 2 x5 I \y 5 COUNCIL 3 % MEMBERS % q Casler Lewis Kulchin Chick Pettine X Casler Lewis X Kulchin Chick Pettine - c 0 e MINUTES \p 5 COUNCIL % % September 3, 1985 Page 4 MEMBERS % f Arie DeJong, 5960 El- Camino Real, mer of Coast Waste Management, explained the history of the property and requested that Council refer the matter to the Planning Conmission for consideration of an appropriate land use. Since no one else wished to speak on this matter, the public hearing was closed at 6:48 p.m. For clarification, the City Attorney stated there is nothing before the Council about returning this to the Planning Cdssion, and that muld require a re- application by the applicant. Council certified EIR 84-1 and introduced the following Casler Ordinance : Lewis Kulchin ORDINANCE NO. 9768, AMENDING TITLE 21 OF THE CARLSBAD Chick X MUNICIPAC CODE BY A?'ENDING THE ZONING MAP !XIR A Pettine PREANNEXATIONAL ZONE CHANGE FROM COUNTY 'Io L-C, LIMITED CONTROL ON PROPERTY GENERALLY lDCRI%D ON THE SOUTH SIDE OF lcHE PAIDMAR AIRPORT BUSINESS PARR ABOUT ONE MILE WEST OF EL CAMINO REAL. Council directed staff to study the lower parcel (northern twelve acres) for suitable land use and Casler Kulchin report back to Council with that determination. Lewis Chick X Pettine IIEPARBEBTAL AND CITY MANAGER REpoIiTs: (38) 10. AB #8317 - SENIOR CITIZEN BOND ACT OF 1984. Dave Bradstreet, Director of Parks & Recreation, gave the staff report as contained in the Agenda Bill, updating the amount of mney needed for the kitchen expansion, stating the City's share wuld be $166,804.00. Mr. Bradstreet continued, stating the plans, specs, and cost estimates must be submitted by September 13, 1985, and he added those could be purchased by the City for $1,500.00 to $2,000.00. He recomnded the application be conpleted to encumber the funds and direct staff to mnduct a study whether or not a kitchen should be constructed; also, to investigate the feasibility of senior citizen facilities in the north and south sections of the City. Mr. Hugh Vickery, Director of the Senior Citizens Association, stated they are having an audit done at the present time and re-writing the bylaws. He requested Council give the Association 90 days to get their affairs in order, and they will return with a report on January 2, 1986. He asked for Council's support and financial backing. r3 2u - 7 0 MINUTES 0 September 3, 1985 Page 5 David Castner, representing the Senior Citizens Association, stated the mney in Proposition 30 is to be used exclusively for senior citizen centers, and there is none in Carlsbad. He added that mney could not be used to upgrade a Parks & Recreation facility for use ky the general public. Mr. Castner concluded, stating the lack of senior programs is embarrassing. Council Member Kulchin said she was not in favor of spending mney for something the senior citizens did not want. Council Member Chick stated his support of the seniors and their desire to get their awn affairs in order. Council rejected staff's proposal to submit an application for grant mney from the California Senior Citizen Bond Act of 1984 to fund the expansion of the kitchen facilities at the Harding Street Center. Council directed staff to investigate various sites for a permanent senior center and financing alternatives, and report back to Council within 90 days on possible site, whether City-owned property or property the City could purchase. I I RECESS : Mayor Casler declared a recess at 8:Ol p.m., and Council re-convened at 8:12 p.m., with all Members present. (88) 11. AB #8026 - Supplement 82 - REVIEW OF MOBILE FOOD PREPARATION VEHICLE OPERATION. Jim Elliott, Director of Finance, gave the staff report as contained in the Agenda Bill. Allen Spieckerman, 9881 Ludwig Street, Villa Park, Vice- President of Canale Foods, stated they operate five hot trucks in Carlsbad at the present time and feel they have shown they can benefit the people of Carlsbad with good meals at reasonable costs. He requested the Ordinance contain a requirement for the 03ok to be seated until the truck is parked at a location. Council directed staff to continue licensing mbile food preparation trucks, but amend the provisions to require that the cook be seated while the vehicle is in mtion. (74) 12. AB #8318 - PAYMENT OF RETIRE" CONTRIBUTIONS. Jim Elliott, Director of Finance, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 8166, AUTHORIZING THE PAYMENT OF PUBLIC EMPLOYEES RETIFENENT SYSTEM CONTRIBUTIONS COVERING UNIFORM ALLOWANCE AND HOLIDAY PAY FOR ACTrvE AND RETIRED EMPJXYEES ANTI TRANSFEIUNG mS. ~ 3 R? I COUNCIL IF (% p/r. MEMBERS % q Casler Lewis Kulchin X Chick Pettine Casler Lewis Kulchin Chick Pettine X Casler Lewis Kulchin X Chick Pettine Pettine Casler Lewis Kulchin Chick X Pettine - a MINUTES 0 \p 5 COUNCIL 3 ?i September 3, 1985 Page 6 MEMBERS % 4 13. AB a8319 - AIRpoliT STUDIES PRESENTATION TO PLANNING co"IssIoN. Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill. Council Member Kulchin asked that the Council be invited to attend the Planning Cdssion meeting for the presentation. Council directed staff to request the different Casler agencies involved with the airport to make a Lewis presentation to the Planning Codssion and City Kulchin X Council. Chick Pettine 14. AB #8194 - Supplement #1 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 85-6/PuD-80 - DAON SOUTEMEST. This item was continued for one week. 15. AB #8295 - Supplement #1 - TENTATIVE MAP AND LA COSTA DEVELOPMENT PLAN - CT 85-15/LcDP 85-2 - PzbRK VIEW WEST - DAON. "Iis item was continued for one week. 16. AB #8296 - Supplement #I - TENTATIVE MAP AND LA COSTA DEVELOPMENT PLAN - CT 85-9/LCDP 85-1 - VISTA SANTA FE - AREA "B". This item was continued for one week. 17. AB #8297 - Supplement #1 - TENTATIVE MAP AND PLANNED UNIT DEVELDPMENT - CT 85-11/PUD-86 - VISTA SANTA FE - AREA "C". This item was continued for one week. 18. AB #8298 - Supplement #1 - TENTATIVE MAP AND C-INIUM PERMIT - CT 85-7/CP-312 - LA COSTA ALTA. City Attorney Vincent Biondo gave the report on this item. Council Member Pettine stated he o??posed this project for the reasons given at Council Meeting held August 20, 1985. Council Member Lewis stated he -sed this project for the reasons given at Council Meeting, August 20, 1985. Council adopted the following Resolution: Casler RESOLUTION NO. 8 171, APPROVING TENTATIVE TRACT MAP (CT Kulchin X 85-7) AND CONDOMINIUM PERMIT (CP-312) FOR A 136-UNIT Chick SUBDIVISION ON ApPfioXIMA~LY 9.95 ACRES OF PROPEKT!Y Pettine GENEZALLY IX>CATED ON THE SOWTEAST CORNER OF EL FUEliTE STREET AND AIGA KOAD IN !IRE lUl"Q ZONE. Lewis - qQ21 - I a 0 MINUTES September 3, 1985 Page 7 (63) 19. AI3 #7376 - Supplement #4 - APPOINTMENT TO BOARD OF DIRECTORS FOUNDATION FOR CAF3SBAD COMMUNITY CABLE TELEVISION. Mayor Casler asked for this item to be continued one week. (76) 20. AB #8320 - PLANNING ~ISSION APPOIJT!MENT. The following nominations were made: Council Member Pettine - Bob Holmes Council Member Chick - James Courtney Council Member Kulchin - Bob Holmes Council Member Lewis - Kip McBane Mayor Casler - Kip McBane. Council Member Chick requested a week continuance so he could talk with both nominees Helms and McBane. Council continued the item for one week. ( 97) 21 . AB #5894 - Supplement #4 - CONSULTANT AGREEMENT (45) FOR CARLSBAD BOULEVARD IMP- PHASE 2 - CONTRACT 3098. City Engineer Gene Donovan gave the staff report as contained in the Agenda Bill, using a transparency to show the area to be improved. Council adopted the following Resolution: RESOLUTION NO. 81 73 , APPROVING A SUPPLE-FIENT 'IO AN AGREEMENT BE'IWEEN 'IHE CITY OF CARLSBAD AND THE FIRM OF MCDANIEL ENGINEERING COMPANY FOR ENGINEERING SERVICES ON CARLSBAD BoULEVAF?D PHASE I1 - CONTRACT NO. 3098. - (44) 22. AB #8321 - ENGINEERING SEHVICES FOR REMAINING ( 45) FISCAL YEAR 1984-85 CITY PROJECTS. City Engineer Gene Donovan gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 81 74 , APPKWING AN AGREEMENT BETWEEN 'HE CITY OF CARLSBAD AND WILLDAFJ ASSOCIATES FOR ENGINEERING SErWICES FOR VARIOUS PROJECTS, OFF-AGENDA ITEM: (28) North County Campus - San Diego State University Mayor Casler made a mtion to consider an off-agenda item regarding an ad hoc amnittee to study the advantages and disadvantages of a north county campus of State University in Carlsbad. Mayor Casler stated this had been discussed previously and it was determined this would be a seven-member committee. The staff Ember will be Jim Hag-, Research/Analysis. 391 7- \y 5 COUNCIL ?$ 'PA MEMBERS % $ Casler Kulchin Lewis X Chick Pettine Casler Lewis Kulchin Chick X Pettine Casler Lewis Kulchin X Chick Pettine Casler Kulchin Lewis X Chick Pettine * 0 MINUTES (41 1 COUNCIL \p 5 3 %' September 3, 1985 Page 8 MEMBERS % q Council appointed the following Conunittee Members to Casler county campus of SDSU in Carlsbad. Pettine is to study the advantages and disadvantages of a north Chick McFadden, Jim Griggs and Theodore Frye. This mmittee Kulchin Nygaard, Larry Peetm, mja Marinelli, Jeanne Lewis an ad hoc camittee: Dr. Pat Lawry, Julie X COUNCIL REPORTS : LCP Review Cmittee Council Member Chick gave an *ate on the LCP amendments. City School Committee Council Member Chick reported several joint city/s&ool facilities had been discussed. Downtown Merchants Comnittee Council Member Kulchin reported on the completion of the storm drain. Library Board Council Member Lewis reported on the recent meeting. Coastal Real Water District Mayor Casler reported on the recent meeting. JAC Mayor Casler gave a report on the recent meeting. SWAG Mayor Casler gave an update on the activities. CLOSED SESSION: 23. CLOSED SESSION REGARDING PENDING LITIGATION. - Council adjourned to a closed session regarding pending X Casler litigation at 9:20 p.m. Lewis Kulchin Chick Pettine Council re-convened at 9:54 p.m., with no action taken. ADJouT(NMENT: By proper mtion, the meeting of September 3, 1985, was adjourned at 9:55 p.m. Respectfully submitted, &9&k!&bQQ- ALFTrHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk A 8n