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HomeMy WebLinkAbout1978-04-18; City Council; Minutesf *cc Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 7:OO P.M. ROLL CALL: INVOCATION was given by Mayor Packard.. PLEDGE OF ALLEGIANCE was given. Mayor Packard briefly reviewed the matters on the Agenda that were discussed at the 4:OO P.M. Special Meeting. the appropriate section of the Uniform Building Code relating to fire retardant roofs was Section Council reconsidered the matter and introduced the following Ordinance as .amended: THE ZONING REGULATIONS BY ADDING THE RURAL- RESIDENTIAL ESTATE ZONE, with the addition of a section requiring fire retardant roof coveri'ngs as defined in Section 3203E of the Uniform Build- 30. AGENDA BILL #3069 - Supplement #8 - PROCESS- ING OF CALAVERA HILLS PROPOSED SEWAGE TREATMENT with the processing of the Calavera Hills propose sewage treatment facility. Council recognized Mr. Roy Ward, 3088 Pi0 Pico. Avenue, Carlsbad, one of the owners of Lake Calavera Hills. Mr. Ward introduced Mr. Ed Haworth and Mr. Roger Gra-ble who were present to speak on behalf of Mr. -Ward. Mr. Ed Haworth of Haworth and Anderson, Inc., 31882 Camino Capistrano, San Juan Capistrano, California, addressed Council. Mr. Haworth ex- pressed concern about. options available to the City that would saire"time, and requested the Specific Plan option be considered in this regard In addition, he questioned the need for additions project and financial reports in that it may be a duplication of the reports already furnished. In conclusion, he requested Council consider usin the Specific Plan option utilizing the reports already furnished, which would save time and Counci.1 recognized Mr. Roger Grable of Rut.an and Tucker, 401 Civic Center Drive W., Santa Ana, California. Mr. Grable requested Council u'tilize the Specific Plan process in that it would incor- porate all the r,ecommendations of the City Attorney into one process. - 0 0 ITY OF c "2- A ril 18 1978 ' CouncTl questioned the difference in tim.ing re- quired for both methods of processing and the possibility of more than one of the Attorney's recommended steps occurring concurrently. Staff indicated the time necessary to develop a text for processing via the Specific Plan may result in a lengthier process than using the existing procedures. In addition, work could begin on several items at the same time. Council recognized Mr. Roy Ward, 3088 Pi0 Pic0 Avenue, Carlsbad. Mr. Ward referenced Lake Calavera Hills' contract with the City to prepare an overview and specific site report on the feasibility of satellite treatment plants. He stated the City is not inv,ol.ved in that it is a private project at this time with the hope the City will consider using the plants in other areas in the future. Council discussion related to proceeding in a deli berate and careful manner in that the City had accepted the concept of satellite treatment plants. Further, since this.concept will have . far-reaching impact on the City, Council expresse the desire to follow the normal processing system In response to Council questions, staff indicated the Water Quality Control Board will not grant approval for such a plant unless a public agency accepts responsibility for the plant. In addi- tion, s.taff indicated a co.nsultant hired by the City would review those reports prepared by Mr. Ward, utilizing same where possible. Council authorized the City Manager to proceed as outlined in the recommendations contained in the City Attorney's report dated April 12, 1978, with the understanding that as many of the reports prepared by th'e developer as .possible would be utilized. I Mayor Packard stated the,-Public Hearing items on the Agenda would be considered at this time. I PUBLIC HEARINGS: I [99] 21. AGENDA BILL #5396 - ONE LOT, 16-UNIT CONDO- MINIUM - CT 77-14 --.PEARLMAN/O'HARA., / The Planning Director gave a brief staff report with the aid of a transparency showing the loca- tion of the project. He stated the matter had previously been continued in order to ascertain' the School District's position on the matter since their adoption of a resolution re condition of overcrowding in school attendance areas. He continued stating it is apparently the intenti of- the School Districts to honor all the out- standing developer agreements. Therefore., in cases where a residential developer has a pre- existing agreement with the school district, Council may find such an agreement constitutes an overriding factor, thereby justifying the approva of the development. c ( WNCBLME WNCOkMI 1 S -3- April 18, 1978 Councilman Anear recommended fire retardant roofs *see be required on this project. He continued statin! the majority of the homes in that area were re- quired to have fire retardant roofs under the Fire Code. 0 Mayor Packard asked if anyone wished to speak on 1 ~ the matter and declared the public hearing open. I Since no one wished to speak, the public hearing j was closed at 8:Ol P.M. i 41 1 771 Staff suggested the matter of roofs be considered by Council on a policy basis for all construction rather than project by project. Councilman Skotnicki questioned Condition 3 and 8 in that they appeared to be repetitious. The City Attorney responded indicating those two conditions could be combined. Council directed the City Attorney to prepare the necessary documents approving CT 77-14 as per Planning Commission Resolution No. 1437 as modified in the Memorandum to the City Manager dated March 24, 1978 and the City Attorney's Memorandum dated April 7, 1978. By minute moti-on, Council instructed staff to research and develop a report on the advisability of requiring fire retardant roofs for multiple- family dwelling units in areas where brush is a factor. 22. AGENDA BILL #5390 - Supplement #2 - PUBLIC NUISANCE ALLEGED TO EXIST AT 5335 PASEO DEL NORTE WESELOH CHEVROLET SIGN. Staff requested the matter be continued to the regular meeting of June 6, 1978. Council concurred with the request and continued the matter to the June 6, 1978, 'regular meeting. 23. AGENDA BILL #5294 - Supplement #3 - PLANNING .. MORATORIUM - SECOND PHASE: SEWER ALL-OCATION SYSTEM 0 I The Planning Director gave.a staff report on the matter outlining the recommendations of staff to extend the Planning Mor'atorium, amend the City's General Plan and amend the City's Zoning Ordi- nance. -2."~ Mayor Packard asked if anyone wished to be heard on the matter and declared the public hearing open. Mr. Lyle Gabrielson of Rick Engineering, 5620 Friar Road, San Diego, addressed Council on behal of Carrillo Ranch Properties. .He requested Carrillo Ranch Properties be allowed to process their Master Plan Amendment which would bring them in conformance with the General Plan. . i lTY F"C 4 c -4- April 18. 1978 8 0 I Mr. Robert Small, 545 Mission Valley West, San Diego, addressed Council on behalf of Pacific Point Development. He questioned when the Second Phase of the Sewer Allocation System would be presented to' Council and questioned the possibili of using other methods of sewage disposal such as a water reclamation plant. Mr. Ron Roberts of SGPA Planning and Architecture representing Hughes Investments, developers of Carlsbad Plaza, addressed Council. He referenced the staff report which suggests a developer apply for sewer prior to proceeding through planning processes. He expressed the feeling that allocat ing sewer permits would be difficult in that many changes occur to a project as it processes throug the planning procedures, Since no one else wished to speak, the Mayor cl'os the public hearing at 8:30.P.M. Staff indicated developers have a basic concept or idea and plans for a proposed development prio to making application to the City. Therefore, it was determined that it would be feasible to issue sewer permits first. Council questioned if any applicatfons had been received for zone changes that would be caught in process in that. zone changes would no longer be allowed. Staff responded in the negative. The following Ordinance was adopted by title only ORDINANCE NO. 7053, EXTENDING INTERIM ORDINANCE . NO. 70413, AS AMENDED BY INTERIM ORDINANCE NO. 704 AS EXTENDED BY ORDINANCE NO. 7050, AS AMENDED BY TORIUM DUE TO THE UNAVAILABILITY OF SEWER SERVICE AND REPEALING ORDINANCE NO. 7052. Further, the City Attorney and staff were instruc ed to prepare the necessary documents to amend the City's General Plan and Zoning Ordinance to reflect the current sewer situation. By minute motion, Council instructed the ad hoc sewer committee consisting of Mayor Packard and Councilwoman Casler to continue through Phase 11. Mayor Packard reli-nyyished the Chair to Vice- Mayor Skotnicki for the next item in that his office is located in the proposed district. ORDINANCE NO. 7051 TO CONTINUE THE PLANNING MORA- 11061 24. AGENDA BILL #5344 - Supplement #2 - PROPOSED UNDERGROUND UTILITY DISTRICT NO. 6. The Public Works Administrator gave a staff repor with the aid of a wall exhibit showing the loca- tion of the proposed district. In addition, he explained the estimated cost of the project to the City, individual property owners and commer- cial property owners. Mayor Packard declared the public hearing open and asked if anyone wished to speak on the matter Mr. James Scanlon, 2955 Elmwood Street, Carlsbad, addressed Council. I I I I NCILME - 1 * - 0 .. I) -5- A. ril 18 1978 ' Mr. Scanlon expressed the feeling that the im- provements were desirable; however, he hoped the smaller properties would not be charged excessive for these improvements. Mr. John Grant, 4056 Skyline Drive, Carlsbad, addressed Council. Mr. Grant questioned the possibility of the property owners costs being bonded. He indicated he was in favor of the improvement. Staff indicated the property o'wners would be notified as far in advance as possible. In addi- tion, San Diego Gas & Electric would install the cable and it would be up to individual property owners to hire a contractor for modification of thei'r individual boxes to make ready for the connection. Therefore, they could make their own financial arrangements with their contractor. 1 Since no one else wished to speak,Mayor Packard closed the public hearing at 8:53 P.M. In response to Council questions, staff stated this type of district is -subject to protest. In addition, due to possible effects on residential areas, the attempt was to preclude residential areas. The following Resolution was adopted by title only: RESOLUTION NO. 5383, DECLARING AND DESIGNATING A CERTAIN.PART OF SAID CITY .AS UNDERGROUND UTILITY DISTRICT NO. 6 AND MAKING ORDERS IN REGARD THERET Vice-Mayor Skotnicki returned the,Chair to. Mayor Packard. 11131 25. AGENDA BILL #5415 - Q OVERLAY ZONE - ZC-198- CITY OF CARLSBAD. I The Planning Director stated in that he owns a home in the subject area, the Assistant Planning Director is handling the'matter. I Therefore, the Assistant Planning Director gave a staff report with the aid of a 'transparency showing the location of the property. He stated the current M Zone..gn. the property has no development standa-6s which may cause problems. Therefore, by placing the Q Overlay zone on the property, it would impose the additional develop- ment control which staff felt would be desirable. . He continued stating the County Shredder Operatio is in this area. However, since the operation was approved by a Conditional Use Permit, staff felt a Site Development 'Pl-an for the operation was unnecessary, and was therefore recommending this area, be excluded from the zone change. I1 Mayor Packard declared 'the public hearing open 'and asked if anyone.wished to speak on the matter Since no one wished to be heard, the public hearing was closed at 9:06 P.M. 1 I rnNClLM! 4 I' OF- C rnUN6CICME P 0 0 April 18, 1978 -6- .II__~_~ ~ -~~~~- - Following brief discussion, Council instyucted the City Attorney to prepare documents approving ZC-198 as recommended in the Planning' Commission Resolution No. 1439, with the change that the area presently being developed by the County for the Shredder be excluded fr.om this zone change. In addition, Council directed the Planning Commission to study the possibility of rezoning the area indicated on the General Plan as Indus- trial on the east side of El Camino Real, north of Palomar Airport right-of-way as noted in the Memorandum to the City Manager dated March 31, 1978. Mayor Packard stated that since the Public Hear- ing items were completed, Council would continue with the remainder of the .Agenda. 781 31. AGENDA BILL #5347 - ABATEMENT OF VEHICLES ON PRIVATE PROPERTY THAT HAVE BEEN DECLARED TO BE A NUISANCE, MUN.ICIPAL CODE 10.52. The City Manager gave a report on the matter referencing previous Council action. In addition he explained staff's interpretation of the mean- ing of the word l'operabl e". Councilman Skotnicki indicated his concurrence with staff relative to the vehicles at 13.31 Knowles, but expressed concern about 1319 Knowles in that there are currently five vehicles in the yard. Staff responded there are currently no code res- at a residence. . trictioms as to how many vehicles may be parked Council questioned the possibility of developing restrictions relative to the number of vehicles at a residence possibly to be implemented through zoning. Council ordered the matte-r filed. ,. Council concurred that staff be instructed to research the matter and return with a report re controlling the number of vehicles by zoning. 941 32. AGENDA BILL #%87 - APPOINTMENTS TO PARKING AUTHORITY. I The following Resolution was adopted: RESOLUTION NO. 5359, APPOINTING A MEMBER TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, that member being David M. Dunne. 1031 33. AGENDA BILL #5312 - APPOINTMENT TO TRAFFIC SAFETY COMMISSION. I The following Resolution. was adopted: RESOLUTION NO. 5292, APPOINTING A MEMBER TO THE CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION, that member being Alan Jacobs. 1 TV de F - h -/- April 18, 1978 ~ ~~ 281 34. AGENDA BILL #5369 - APPOINTMENT TO SERRA COOPERATIVE LIBRARY SYSTEM AD'VISORY .BOARD. 0 0 The following Resolution was adopted: RESOLUTION NO. 5331, APPOINTING A'MEMBER TO THE SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. that member being Mrs. Patra Straub. ~. " 35. AGENDA BILL #5370 - APPOINTMENTS TO PLANNING COMM ISS I ON. Mayor Packard stated it had been brought to his attention that when appointing members to the Planning Commission, problems may arise in regard to downtown redevelopment. Currently it appears that four members have a Conflict of Interest on redevelopment issues and must abstain from voting As a result, it becomes difficult to obtain a quorum on these issues. Council -indicated they did not wish to compound the problem by appointing additional members with a Conflict of Interest in this area and questione the possibility of determining if any of the current nominees would have a conflict in this area. Council continued the appointments until such time as a further study has been completed. 36. AGENDA BILL #5371 - APPOINTMENT TO PARKS AND RECREATION COMMISSION. Mayor Packard announced his intent to appoint Barbara Donovan to fill the vacancy on the Parks and Recreation Commission. 37. AGENDA BILL 55372 - APPOINTMENTS TO CARLSBAD HOUSING 'COMMISSI'ON. The following Resolution was ado'pted: RESOLUTION NO. 5335, APPOINTING A MEMBER TO THE CITY OF CARLSBAD HOUSINGTOMMISSION-, that member being Roy Sanchez. 38. 'AGENDA BILL W17 - APPOINTMENT TO PERSONNEL BOARD. This item was cont-iaed to the next regular meet- ing. 39. AGENDA -BILL #5418 - APPOINTMENTS TO COMMI-TTE ON SENIOR CITIZEN AFFAIRS. This item was continued to the next regular meet- ing. 631 40. AGENDA BILL #5419 - LIBRARY BOARD OF TRUSTEE APPOINTMENTS. This item was continued t.o the next regular meet-. ing. F k -8- April 18, 1978 [62] 41. AGENDA BILL #5422 - SENATE BILL 1746. Councilman Skotnicki stated he had re.quested the item placed on the agenda in that the Bill, as proposed, would diminish the authority of Cities. 0 He stated many cities have 'taken a position in opposition to the Bill , and expressed the feeling that Council should oppose the Bill and notify the representatives in our Senatorial and Gubernatorial Districts of the opposition. The following Resolution was adopted: RESOLUTION NO. 5394, OPPOSING SENATE BILL 1746, amended by deleting the words "as introduced" on Line 20, Page 1, and deleting the words "as introduced" on Line 24, Pa.ge 1. CITY COUNCIL ADDITIONAL BUSINESS: 621 Mayor Packard, referenced a Memorandum from the City Clerk dated April 17, 1978 with regard to proposed legislation which would.limit publica- tion requirements for ordinances. Council expressed appro.va1 of the proposed legis- lation, and requested the item be placed on the Agenda for the next regular meeting. Mayor Packard ques.tioned if Council desired to endorse a Public Morals Initiative, and indicated a copy would be furnished to Council for their consideration. 621 . Councilwoman Casler referenced a League of California Cities Bulletin which outlines propose chang'es to the,Quimby Act. She expressed the feeling that a letter should be written expressin opposition to this revision. Council concurred. CITY ATTORNEY ADDITIONAL BUSINESS! The City Attorney out1 ined a letter he will be forwarding to a subcommi€tee containing views on proposed amendments to SB 88.4. I EXECUTIVE SESSION: 0 Mayor Packard called an Executive Session at 10:02 P.M. for the-.Wrpose of discussing Meet and Confer. Council reconvened at 11:03 P.M. and the Mayor announced Meet and Confer had been discussed. 741, Mayor Packard stated Council had made the deter- mination to hire Mr. William Hamilton of William Hamilton & Associates, California. Federal Building, 4050 West Metropolitan Drive, Orange, CAY as Consultant for salary negotiations. cx3JN68kMi tL ci F L 43XJP4C~Lk&~ -9- ADJOURNMENT: By proper motion, the meeting was adjourned at 11:04 P.M. Respectful ly submitted, “Councilman Anear requested, and Council concurred that on Page 3, paragraph 1 , 1 ine 3, the word “homes“ be deleted and the words “apartments and condominiums” be inserted. .-7”