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HomeMy WebLinkAbout1986-02-04; City Council; Minutes- I 1 J MINUTES 0 Meeting of: CITY CIXJNCIL (Regular Meeting) Time of Meeting: 6 : 00 p.m. Date of Meeting: February 4, 1986 Place of Meeting: City Council Charthers CALL To ORDER: Mayor Pro Tem Lewis called the meting to order at 6:OO p.m. FOIL, CALL was taken by the City Clerk, as follows : Present - Council Menbers Lmris, Kulchin, Chick and Pettine. Absent - Mayor Casler. INVOCATION was given by Mayor Pro Tern Lewis. PMDGE OF ALLEGIANCE was led by Council Menher Kulchin . APPROVAL OF lHIWTES: Minutes of the Regular Meeting held January 14, 1986, were approved as presented. CONSENT CALENDAR: Council affintled the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this meting. (84) 1. AB #8502 - PURCHASE OF LINE CONDITIONER. Council adopted RESOLVTION NO. 8387, accepting a bid and authorizing the execution of a purchase order for the purchase of line conditioner. ( 84) 2 AB #8503 -. REJEclrING BIDS FOR MOBIIX INTENSIVE CART?, UNIT. Council adopted RESOUFTIOM NO. 8388, rejecting all bids for a rmbile intensive care unit, and authorizing the Purchasing Officer to invite bids with revised specifications. ( 74) 3 AB #8504 - AMENDING THE CLASSIFICATION AND "ENT SALARY PLNa.3. Council adopted FUSOLWION NO. 8389, mending the classification and magexrent salary plans of the City to include the classification of Principal Recreation Supervisor and reclassifying one position. (84) 4. AB #8506 - PURCHASE OF SOUND DISTRIBUTION SYSTEN (81) FOR PUBLIC SAJTIY AND SmCE CENTER. I Council adopted RESOLUTION NO. 8390, accepting a bid and authorizing the execution of a purchase order for the purchase of sound distribution system. 51 c COUNCIL y$ % yC MEMBERS % $) Lewis Kulchin Chick X Pettine Lewis Kulchin Chick X Pettine b 7 0 MINUTES 0 February 4, 1986 Page 2 I I ORDINANCES FOR ADOPTION: E CODE NG&KMWF ESTABLISHLNG GARAGE (114) 5 AB #8493 - ZOK _~""_ STANDARDS - ZCA-185 - CITY OF =BAD. Maurice Kirriball, 1623 James Street, addressed Council stating he felt this was an invasion of property rights in general. He stated he med 'his property and paid taxes and if he wanted to rent his garages out, he felt it was his privilege to do so. He felt the Ordinance was a poorly written Ordinance and asked Council to vote against the Ordinance. 1 Council adopted the following Ordinance: ORDINANCE NO. 9792, AMENDING TITLE 21, CHAPTER 21.44, OF THE CARLSW MUNICIPATL a3DE BY ADDING SECTION 21.44.220 TO ESI'Al3LISH mGE SI'ANDARDS IN REJDENTIAL ZONES. (93) 6. AB #8499 - CHANGE To ACCEPTABLE HEAVY MFTAL CONCENTRATION IN CITY SEWERS. Council adopted the following Ordinance: ORDINANCE NO. 7069, AMEXDING TITLE 13, CHAPTER 13.04 OF THE c'ARI;sBAD MUNICIPAL 03DE BY THE AMENDMENT OF SF,CI'ION 13.04.050 (f)(14) TO ESTABLISH LIMITS FDR DISCHARGE OF HEAVY METAL TO THE CITY SEWER SYSTEM. PUBLIC HEARINGS : (99) 7. AB #8505 - APPEAL - ~ATTTTFI MAD mm DT.ammn Tmnm DEvELxlpMENT - CI' 85-21/LCDP 85-3 - PARK VIEW ~ ~ " ".""&.I * YY LYIY L "YL;Iu ULLLl -A r-rn 5t-r-1. - City Manager Frank Aleshire stated the developer wished to mntinue this item. Applicants on item No. 7 and 8 on the Agenda were given the option m the Planning Consllission to be denied or continued until after mnpletion of the traffic study. They hose denial and then appealed to the Council. Nm, they were requesting mntinuance until conpletion of the traffic study. Therefore, Council has a hoice whether to consider the mtters toniat ; refer them back to the Planning Comnission, or continue them on the Agenda until the traffic study is conpleted. Mike Ryan, partner in R.E.C., Inc., 6994 El Camino Real, requested an extension on Item No. 7. He stated they would be glad to go hck to the Planning Codssion. He also added he wanted to clarify this project was not med by Daon. This project is med by R.E.C., Inc. Council Member Pettine stated he would want a guarantee the project would corn 'back mder the new conditions, if a mntinuance were granted. Council M& Chick stated a full Council was needed for this project and he cpted for a continuance m that basis. 50 - COUNCIL /p % 9L MEMBERS % % Lewis Kulchin Chick Pettine X Lewis Kulchin Chick x: Pettine - - MINUTES 0 February 4, 1986 Page 3 PUBLIC HEARINGS : (continued) Council Mer Kulchin asked whether this project if returned to the Planning Cdssion, wuld come under the requirements of the mratorium. Mike Holzmiller, Planning Director, stated it wuld. This developer muld not be permitted to get a final mp or a Milding permit until the mratorium was lifted. In answer to query, regarding density, staff assured the Cmncil M-rs this project muld conply with the revised ranges. A total of four projects reviewed by the Planning Comnission in January, were recormended for continuance until the traffic study was mrrpleted. Two of those projects elected to go along with a continuance, and the two on Council's Agenda tonight would nut mnsider a continuance at that time. They have reconsidered nm and want the same status as the other two that were continued at that time. Council returned CT 85-21 to the Planning Comnission for consideration following conpletion of the traffic study. City Attorney Vincent Biondo stated next week he muld bring back a Resolution to the Consent Calendar granting the appeal and recognizing the applicants' consent to continuance and return to the Planning Cormission for consideration after the corpletion of the La Costa traffic study. (99) 8. AB #8507 - APPEAL - "TATIVE MAP AND CD?&JlXNINIUM PERMIT - (3' 84"3/CE"302 CASA LCMA CONDOS. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, stating there was a copy of a letter addressed to the Mayor and the City Council whidh basically requested the sm thing as Item No. 7. This item would be returned to the Planning Conission, the applicant muld work on a redesign and wait until the results of the traffic study were presented. Staff recormended referring this item back to the Planning Comnission. Council returned CT 84-43/CP-302 to the Planning Cdssion for ansideration after mrpletion of the traffic study. The City Attorney stated documents would also be returned to Council on this item. DEPAfzTMENTAL AND CITY MANAGER REXQRTS: (40) 9. AB #8369 - Supplement #Z - ACQUISITION OF SPACE FOR BUILDING, PLANNING AND ENGINEZXCNG DEP-S. Frank Mannen, Assistant City Manager, gave the staff report as mntained in the Agenda Bill. v7 7 COUNCIL \y 5 3 % MEMBERS % $ Lewis Kulchin chick x: Pettine \ T 1 7 1 LWiS X Kulchin x X Pettine xx Chick - - e MINUTES 0 5 February 4, 1986 Page 4 COUNCIL \/ 3 9L MEMBERS % 9 DEPARIPENTAL, AND CITY MANAGER RlPOmS: (continued) Mayor Pro Tem Lewis stated he would prefer purchasing a facility. He noted the City could lease the site and place the question of purchase on the Noveniber ballot. Council Mer Chi& spoke in favor of purchasing property noting the property would possibly appreciate in value. Council Member Kulchin stated she was concerned about the site at the 3xlsiness ,park. The Impala site was closer to the Safety Center and she felt the parking at Palm was rat adequate. She did not like the location of the Palomr site and muld not mind leasing for a while. Council Member Pettine inquired haw long they expected these departments to be housed in a separate location, and Mr. Mannen stated it would be at least four to five years. Council Member Chick stated Khat five years wuld be a good time to turn property around and there auld be room for them here or at the Safety Center at that time. Hcwever, he felt the use of a good kusiness investment in the mantime should not ke precluded. Mr. Mannen stated staff recommended leasing rather than buying because of the soft mket in real estate at the present time and the short term usage for the facility . Mayor Pro Tem Lewis stated he muld like to see the difference in the pay out per year and the interest figured along with this. Mr. Mannen stated they could de comparisons and have firmer figures an the purchase qtion if this were continued for a week. Council M-r Kulchin stated she would like to IQ-KS,V hcw much of a rental rrarket there is cut there in the parks. She also would like to kncw hcw mch office s,pace is vacant at the present time. Council continued this item to February 11, 1986, to Lewis 2 allm mre infomtion to ke presented as far as the Kulchin 1 figures on hying, the difference the interest muld chick 1 make, the rental rrarket and, hod mch office space is Pettine 1 vacant at the present time. Council Mar Pettine stated he wanted to knw the financial advantage of a lease -tion rather than the lease, and appreciation or depreciation and comparison, less the payments on the given period of tim (5 or 10 year period) and the cost cx>mparison. Mr. Aleshire stated if they cannot get this in one we&, they mld bring it back as soon as possible. I 98 - - 0 MINUTES 0 February 4, 1986 Page 5 ~ ~-~~ ~ ~ ~ ~~ ~ ~~~ ~ DEPARTPENT& AND CITY MANAGER mms: (continued) (74) 10. AB #7258 - SupPleREnt #1 - COJ5fI'RACC FOR (45) POLICE/FIRE PHYSICAL FITNESS PROGRAM. Captain Vales gave the staff report as contained in the Agenda Bill. The method of testing was cpestioned and explained, with fhe cost of $195 per msrrber being only for those who do enroll. Council adopted the following Resolution: RESOLUl?IoN NO. 8391, APPFOVTNG AN WREE3ENT m THE CITY OF QUCLSW IlW FITNESS APPRAISAL, INC. EOR TEE POLIm AND FIRE DEPAWMENTS PHYSICAL FITNESS PROSRAM. (26) 11. AB #8508 - BlUDC;E AND THOROUGHF~ BENEF'IT (45) DISTRICT SUPPLEMENTAL, AGREEMENT FOR ENGINEERING SERS7ICES. Richard Allen, Engineering, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 8392, APPWVING ?HE FIRST SUPPLE3lENTA.L AGREEMEWT~ANAG~BFIWEENTHECITYOFCARLSBAD AND 'IHE FIRM OF NEXTYE, BRUDIN & STONE, INC. FOR CONSULTING ASSESSMENT ENGINEERING SEXVICES. (28) 12. AB #8509 - DESIGN IZEVIEW BOARD APPOINTMENT. Mayor Pro Tem Lwis announced this item would be continued to allow the Mayor to de the appointment. 0F'F"AGENDA ITEM: basta1 Issues City Manager Frank Aleshire stated this was an infomtion report regarding two msetings to be held later this week in Los Angeles. On Thursday, February 6, 1986, the Coastal Conmission will met and their hearing agenda contains findings on the Carlsbad LCP. The I" cornnittee has reviewed the findings by the Coastal staff and has filed. a letter of mncurrence. Item No. 2 is Aqua Hedionda - Snug Harbor - Zone Change and the Coastal Conmission reconmends approval of previous Council action to change the zone from comrcial to residential. The Lcp cornnittee reconmends the City take no psition on the Wdgton Hms issue of the refund of agricultural subsidy funds. The Pannonia project was recomnended for approval by the Coastal staff as approved by the City Council. Y7 - COUNCIL /j % 9C MEMBERS % $ Lewis Kulchin Chick x: Pettine Lewis 1 Pettine 1 chick x> Kulchin 1 0 MINUTES 0 - T- February 4, 1986 Page 6 MEMBERS COUNCIL k % \ I I OFF-AGENDA ITEM: (continued) I I Mr. Aleshire mmted on the Warmington Hort~s issue, and it was discussed that there was a possibility the mney would be. returned to the City for use in Carlsbad rather than returned to either developer. Mr. Aleshire stated Council should &serve what happened and not take a position. If the Coastal Conmission asked for a psition, it auld be brought back to the Council and be reviewed at that time. City Attorney Vincent Biondo stated his office, at the request of the Cananittee, did file a letter with the Comission taking exception to the procedural context and that the City is in opposition. Nm the City has adopted the LCP and the proper procedure for an amendmnt is to 03n-e to the City first. The property owners went directly to the Conmission, and that was not proper. The City will not protest at this pint, but they want the developer to knav that they should not do that again. As far as the mrits of the issue, it is a mqlex issue between two property mers and Mr. Biondo stated he spoke with the attorneys on bth sides. The City Council should leave this to be settled between the two mers. City Manager Frank Aleshire mntinued his report, stating the meting on Friday, February 7, 1986, wuld be regarding the Batiquitos Lagoon, Coastal Conservancy, and the Port of Los Angeles . This meeting would be to review the draft of EvKlU providing for approval of the dredging plan by all agencies. The agencies will discuss who will build and who will maintain siltation basins and will decide hm HPI will transfer titles to the State Agency. Also, a decision will be mde on who will do the EIR for the project . Mayor Casler and Council Member Chick will attend the meeting. COUNCIL mms : I I Carlsbad Girls Club I Council Mer Kulchin announced there would be a dance February 15, 1986, with proceeds cping to the Carlsbad Girls Club. Palomar Airport Advisory mttee I ~ Mayor Pro Tem L&s reported Oceanside and Vista had signed the Joint Pavers Agreemmt and he wuld wait until the end of the mnth for San Marms to take action. At that time he wuld like to get this before the Board of Supervisors. I I y6 \ 9 8 h e MINUTES 0 February 4, 1986 Page 7 CITY AWRNEX ADDITIONAZ; BUSINESS: City Attorney Vincent Biondo stated he wanted to report an item of litigation- He stated he would take no action, but if council wanted -thing different, he wuld like to be so instructed. A concerned qroup of property mers in the proposed San Diegito incorporation do not want it to 40 fomard- The reason that Carlsbad was named as a party, was that in October, 1985, in respnse to a request from LAFCO, Council mdif ied the City limits cut into the ocean. LAFCO did the staff work and paid the fees. There is no reason why this law suit muld affect the City if LAFCO prevails. If Lp;Fyx) does nat prevail, fie City would still have the original bmdary. Therefore, the City will not appear in this case. (41) CLQSED SESSION: Council, by mtion, authorized a closed Session at 7 : 20 p.m. , regarding ,pending litigation as follws: Drake V. Hargas et al, Ohlig V. Sincon et al, Bledsaw V. Phipps et al, prsuant to Government Code Section 54956.9 (a). Council reconvened at 8:03 p.m., with a~ Mmrs present, and no action taken. AWOURNMENT: By proper mtion the Meeting of February 4, 1986, was adjourned at 8:04 p.m. Respectfully submitted, w d. 6?7 ALTHAL. RA- City Clerk Harriett Babbitt Minutes Clerk Y5 l- COUNCIL I$ ?$ % MEMBERS % 9 Lewis Kulchin chick Pettine x: