HomeMy WebLinkAbout1986-02-04; City Council; Minutes- I
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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.
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Council adopted RESOLUTION NO. 8390, accepting a
bid and authorizing the execution of a purchase
order for the purchase of sound distribution
system.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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