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Home My WebLink About1985-11-19; City Council; Minutesa MINUTES 0 .!ieeting of: CITY COUNCIL (Regular Meeting) Time of Yeetinq: 6:OO p.m. Date of Meeting: Novenkr 19, 1985 Place of Meeting: City Council Chambers CALL To OliDER: Mayor Pro Tem Lewis called the meting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Lewis, Kulchin, Chick and Pettine. Absent - Mayor Casler I~TVOCATION was qiven by Mayor Pro Tern Lewis. PLEDGE OF ALLEGIANCE was Id by Council Member Chick. PFESFlvTATIONS : Council Member gulchin read a Proclamation declaring November 24 - 30, 1985, to be Family week in Carlsbad. The Proclmation was accepted by Camille Mitkevich and James Cothran. Council Member Pettine read a Proclamation for the Great Smke Out, November 21, 1985, and presented the Proclamation to Mae Johnson of the North County American Cancer Society. Mayor Pro Tern Lewis read a Proclamation for the National Day of Fasting, November 24, 1985, and Yvonne Murchison, of Congressman Packard's office accepted the Proclamation. APPROVAL OF MINUTES: (one mtion) Minutes of the Regular Meeting held October 1, 1985, Lewis were approved as mrrected. Kulchin X Chick Minutes of the Regular Meeting held October 15, 1985, Pettine were approved as presented. COESrn (3uxImm- .. Council affirmed the action of the Consent Calendar, Lewis as follows: Kulchin Chick X Pettine WAIVER OF ORDINAWE TEXT READING: Council waived the readinc of the text of all Ordinances and Resolutions at: this meeting. (50) 1 . AB a8400 - RATIFICATION OF CmmS. - Council ratified the payment of demnds against the City in the aunt of $3,080,301.26, for the period October 11 to November 14, 1985; Payroll Demands in the munt of $767,315.08, for the period October 7 to November 30, 1985; and Housing Demands in the amount of $89,580.95, for the period October 11 to November 14, 1985. 3 55 0 MINUTES 0 November 19, 1985 Page 2 CONSENT CAr,mDm: (continued) (84) 2. AB #8401 - PURCHASE OF FIRE -WUCKS. Council adopted RESOLU?ION Ns). 8261, acceptins a bid and authorizing the execution of a purchase order for the purchase of two fire trucks. - (74) 3. AR W8402 - A”)ING THE CLASSIFICATION AND MANAGEWENT SALARY PLAN. Council adopted RESOLUTION No. 8162, amending the classification plan of the City to include the classification of Principal Suilding Inspector. (74) 4. AB #8403 - “ING THE CLASSIFICATION AND SACARY PLAN. I Council adopted €?.!?SOLUTION NO. 8263, amending the I classification and salary plan of the City to include the classification of Paramedic/ Firefighter . i (78) 5. AB #84:04 - ACCEP!l?J5lCE OF PFOPERTY - FEDERAL COMPREHENSTVF: CONTROL ACT OF 1 9 84. Council adopted RESOLUTION NO. 8264, accepting a seized and forfeited 1985 @IC Suburban in accordance with the Comprehensive Control Act of 1984. - (50) 6. AB #84Q5 - 1985-86- WPF?PRI+TION LIMIT. Council adopted R,ESOLUTlON NO. 8265, establishing the 1985-86 appropriation limit as required by Article XI11 B of the California State Constitution and State Law. (93) 7. AE3 #a406 - ACCEPTANCE OF IMPFWE??TS - SEXm LINE - FT SPRUCE ST!FW3T (S..E. 111.). Council accepted the improvements, authorized the City Clerk to release bnds, and directed the Utilities and Maintenance Department to cormnence maintaining the sewer line associated with this development. (81) 8. $B #8407 - S?ZWER FXEPEPT. Council adopted RESOLUTION hJ.. 8266, approving the execution of a grant deed for sewey easement purpsses. (25) 9. AB #8408 - KIRGIS ANNEXATION. Council adopted pSOLyTION BE. 8267, approving the annexation of certain uninhabited territory hereinafter described and designated as the Kirgis Annexat ion. Mayor Pro Tern Lewis announced there werd requests to continue Items No. 14 and 15. Council continued Item No. 14 - GPA/LU 85-3/ZC-326 - Lewis E COIJ”R3 STORE and Item No. 1 5 - BA/W 85-1 1 to the XE Chick December 10, 1985, meeting. E Kulchin Pettine > 354 0 MINUTES 0 November 19, 1985 Page 3 Mayor Pro Tern Lewis stated there was a request to withdraw Item No. 17, Council withdrew AB a8412 - coE?MuNITY DIRECTIONAL SIGE PROGRAM AGREE", ORDINANCES FOR ADOPTION: ~~ ~~ (114) 10. AB #8399 7 ZONE CODE ?W3W@NT - ZCA-123(A) - CITY OF cARI;sRAD, Council adopted the following Ordinance: ORDINANCE NO. 8782, AMENDING TITLJ3 21, CHAPTER 21.37, OF THE CARLSW JXJNICIPAL CODE BY THE AM- OF SECTION 21.37.100(7) 'IO REGULATE THE SEPARATION BEDEEN MOBILE HOMES PSJD GARAGES/MISCELLANEOUS BUILDINGS , (88) 11. AB #8026 - Suplement #3 - MOBILE FOQD PREPARhTION VEHICLES. Council adopted the following Ordinance: OFtDINAN?$E NO. 5070, AMENDIhY; TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE By THE ADDITION OF SECTION 6,02.840 P&ARDIW THE OPERATION OF M3RILE FOOD PFUPARATION UNITS. (67) 12. AB #8384 - Supplement #1 - CHANGES TI CODE WC4RDING PEDDLERS, S@LICITORS, VENCORS PhTD CANVASSER7. - Council adopted the following Ordinance: ORDINAJYCE NO, 6076, AMENDIhX; TITLE 5, (2HAPIER 5.04 BY THE IIEPFm OF SECTIONS 5.04.141 AND 5.04.042; TITLE 5, CHAPTER 5.08 BY THE ADDITIQN OF SECTION 5.08.105; TITLE 8, BY THE AMENDMENT OF (XAPTER 8.32; AND TITLE 10, CErAPTER 10.40 BY THE REPEAL OF SECTION 10.40.060 OF THE c4RLsBAD MJITICLPAL 03DE !!D CONSOLIDATE AND REVISE THE RESTRICTIONS CONCE€3?ITG PEDDLERS, SOLICITORS, STREW VENDORS AND CANVASSERS. (70) 13. AB #7777 - Supplement #2 - WNDING THE P~-IN- LIETJ FEE. Council adopted the following Ordinance: ORDINANCE NO. 97s1 , AMENDING TITLE 20, (TIAFTER 20-44 OF THE CXF&SR?D MUNICIPAL CrlDE BY IHE A"ENT OF SECTION 20.44.080(a) TO ESTABLISH THAT THE WIJIirr OF THE PAF~"-LI.~J FEE SH~ BE ~rnmrnm AT THE TIME THE FEES ARE PAIT). PUBLIC HEARINGS : (57) 14. AB #8409 - GWERAL PMJ AKD ZONE C3E-E APPEAL - (113) GPA/LU 85-3/ZC-326 - COUNIXY STORE, This item was continued to December 10, 1985. 353 c COUNCIL \p ?io 3 3 MEMBERS % f Lewis Kulchin Chick Pet t ine X Lewis Kulchin Chick X Pettine Lewis Kulchin Chick X Pettine Lewis Kulchin Chick X Pettine Lewis Kulchin Chick x Pett ine I .e 0 MINUTES 0 November 19, 1985 Page 4 PUBLIC HEARINGS: (continued) (57) 15. AB #8410 - GE3lE€?AL PIAN m - REVISED DENS1.W RANGES - GPA/LU 85-1 1 - CITY OF CARISBAD. This item was continue3 to Deer 10, 1985. (57) 16. AB #8411 - GENERAL PIAN AMEBBEN! AND ZONE CXANGE (113) FFON COMMERCIAL To RESIDENTIAL - GPA/LU 85-6/ZC- 335 -CITY OF CARLSBAD. Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using a transparency to show the site. He stated that staff was recommending residential zoning for this parcel. Mayor Pro Tem Lewis opened the Public Hearing at 6:42 p.m., and issued the invitation to speak. Fred Morey, 2618 Abedul, representing Levante Properties, addressed Council and gave the history of the property prior to annexation. He used transparencies to show the surrounding areas and described all the lots in the surrounding area as far as zoning. He mentioned that the church is located at the southerly end of that area which oontributed to making this parcel unsuitable for residential zoning. Weston Pringle, 2651 East Chapman, Fullerton, spoke about the traffic in the area, stating the type of commercial proposed would not generate extra traffic inasmuch as the people using neighborhood comrcial would be in the area anyway. They would already be included in the traffic count and would not be new traffic. He concluded, stating access to the project from Centella Street was also possible. Bill Hofmn, Planning Consultant, stated that he was present to answer any cyestions. Mary Peterman, resident of La Costa, inquired abut a signal light at Levante Street and La Costa Avenue, stating that it would be impossible for anyone going South on La Costa to turn into Levante Street without a signal. She felt that mmrcial was not needed at this spot and would not benefit the area. There will be sufficient commercial on the other side of Rancho Santa Fe Road eventually. Since no one else wished to speak on this item, the Public Hearing was closed at 7: 13 p.m. Council Me*r Pettine stated he felt comrcial was not mnpatible and that the zoning on the surrounding lots in that area did not seem appropriate. He stated that he favored the reconmendations of the Land Use Planners. 35L c \p 5 COUNCIL 3 % MEMBERS % <: - "c .. 0 MINUTES e November 1 9, 1 985 Page 5 mLIc HEARINC,S: (continued) Council Member Chick stated the higher density on Centella would act as a buffer, and with the church in that location, he felt it should not be residential. Council Member Kulchin said she tcould support staff's recommendation. Mayor Pro Tem Lewis concurred, Council directed the City Attorney to return with documents changing the General Plan from commercial to FDM and the zoning from C-2-P to RD"P. Council Menber Pettine stated that he wanted to go on record requestin.g that staff. look at the oompatibility issue across Levante Street with the lots facing this parcel. City Manager Frank -Meshire stated staff was looking at the incornpatibility of land uses and would return with a list of those. This property muld be included, and if it is not, Council muld include it at that time. HOUSING AND FEDERlEUXMENT (XXYMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:25 p.m., and reconvened at 7:36 p.m., with four Council Members present and Mayor Casler absent. DEPARTMENTAL .AND CITY MANAGER REPORTS: (96) 1 7. AE #8412 - CQ"UI4ITy DIRECTIOm SI% PFCGFGIM (45) AGRErn, This item was withdrawn from the Agenda. (73) 1 8. AB #8413 - ABOVE-GFOUNB ENCFOA- PERMIT - MOORING Al?AF?TMEFW. Brad Therrien, Engineering, gave the staff report as contained in the Aqenda Rill. Council approved an above-ground encroachment permit for a refuse durpster and enclosure within City right-of-way. (62) 19. FAIR RESPONSIBILITY ACT OF 1986. Council adopted the followinu Resolution: RESOLUTION NO., 8269, supp0RTIPG AN INITIATIVE MEASURE I ENTITLED "THE- FAIR RESl?€lP7SIBILITY ACT OF 1986". 35/ - \v 5 COUNCIL % 94 MEMBERS % f Lewis Kulchin Chick Pet t ine X Lewis Kulchin Chick X Pettine Lewis Kulchin Chick X Pettine II - - *. e MINUTES e Novevber 19, 1985 Page 6 DEPAFTMESTAL ANQ CITY P!GER REPOF?IS: (continued) (62) 20 SERVICE AUTHON'IY FOR FREEMAY EPIIEZ~CIES ( SAFE 2. City Manager Frank Aleshire gave the re-prt on this item. council adopted the following Resolution: RESOLUTION NO. 8270, ?o ESTABLISH SEFWICE AUTMORITY rnR FREEFJAY rnEENCIES. CITY MANAGER. ADDITIONAL, BIJSINESS: City Manaqer Frank Aleshire announced that Thursday, November 21, 1985, 7:00 p.m., in the Council Chambers there muld he a special meeting on the water supply situation. This will be a public forum with four major speakers and he invited Council Members to attend. COUNCIL REPORTS : Palornar Ailrport Adviqory Committee Mayor Pro Tern Lewis reported on the status of the Joint Powers Agreement, pDJouRNMm?r: By proper mtion, the meting of November 19, 1985, was adjourned at 7:42 p.m. Respectfully submitted, &x%?- ALIrnA L. muTmANz City Clerk Harriett Babbitt Minutes Clerk INFORMATION ITEM: (50) 21. Monthly Report from the City Treasurer on City investments as of November 1, 1985. 3 50 c COUNCIL \p 2;o + %' MEMBERS % q Lewis Kulchin X Chick Pettine