Loading...
HomeMy WebLinkAbout1979-07-17; City Council; Minutes.... CITY OF CARLS am=4 July 17, 1979 -2- 180 \ I .I c701 8. AB $/3552 - Suppl'ement' 8'12. - CONSTRUCTION [451 - OF MAGEE' PARK-CONTRACT NO.: 1069. Council adopted Resolution No. 5845, approving plans and specifications and authorizing.the City Clerk-to invite bids for construction of Magee .Park. 8 a C971 9. AB C451 $15917 '-' .STREET IMPROVEMENTS ON BEECH AVENUE,' GARFIELD STREET. AND' 'CARLSBAD BOULEVARD CONTRACT NO'. 1059. - i Council adopted Resolution No. 5846, approving plans and specifications and authorizing the City Clerk to invite bids for street improve- ments on Beech Avenue, Garfield Street and Carlsbad Boulevard. ... C55l 10. AB $15'701' .-' Suppl'ement: #I' -.' 'CONTRACT FOR C451 LITTEZ REPIOVAL. I Council adopted Resolution No. 5847, approving an agreement with .the Carlsbad Boys' and Girls ' Club for litter removal services, ............. c411 12. AB' 715'918. '-. CJAIM AGAINST' THE C:ITY -' MARK ALLEN HENRY. .. Council adopted Resolution No. 5848, denying -- the claim and directing the .City Attorney to refer the matter to the Clty's imurance carrier. ..... .. .. .. .. [411 13. AB 715919 - CLAIM AGAINST THX 'CITY " HARVE RAY AULTZ. Council adopted Resolution No,. 5849, denying the claim and directing the City Attorney to. refer the matter to the City's insurance - carrier. [ 501 . 14. . AB. 1/59 20' '-' 'REFUND OF'- OVERPAYMENTS . Council authorized payment of requested refunds for overpayments of charges made by the City. ITEMS' REPIOVED' FROM THE CONSENT 'CALENDAR: c701 5 . AB #5 591 -. Supp'l.ement 112 -' HOLIDAY PARK C451 COMFORT STATION '-' CONTRACT NO .' 1.0'5 6. Councilman Lewis stated he had requested this Item removed from the Consent Calendar in order to express his concern regarding the absence of lighting which he 'felt would expose visitors to the comfort station to possible harm at nlght. i I 1 Following response by the City Engineer, it was the consensus of Council that staff prepare and return a report addressing the pros and cons of installing lights. .. . .. . .. .. CITY . OF CARLSBAD -. mN< -.3- kt \ July 17. 1979 181 I 8 Council accepted the work and directed the City Clerk to record the Noti,ce of Completion and release the bonds thirty-five (35) days after recordation. ~991 6. AB 112094 - Supplement' #8 - CT 72-34 - OFFSITE '- RANCHO' LA COSTA 'SEWER LINE - - ACCEPTANCE OF PUBLIC IMPROVEMENTS. Councilman Lewis stated he had requested this Item removed from the Consent Calendar to inquire if the City retained any bond to ensure completion of the landscaping. I Motion 1 Ayes ~ ~ ~ The City Engineer responded that the City had agreed to perform the landscaping and the developer had-already the paid the money for s ame .. * 1 Following fuxtJxer .clarif.i.caOion by staff of the area and scope 'of the .subject, Council accepted the .improvements as completed and directed the Utilities/Maintenance Director to commence their maintenance, the City Clerk to release the bonds for public improvements, and the Finance Director to close out the Trust Account. [51] :: 11. AB #5.8.006' -' Supp'l.ement' $1 .- 'CHANGE OF LETTER SIZE REQUIEZMENT FOR FIRE LAm,: SIGNS. Mayor Packard stated he had requested this Item removed from the Consent Calendar in order that the Ordinance be given a first reading for intvo.duction. Following the first reading by the City Attorney, Council introduced the .following Ordinance: ORD'INANCE NO .' 2034 AMENDING TITLE 17, CODE BY ;EokENDMENT OF SECTION 17.04.06 TO CHANGE THE LETTER SIZE REQUIREMENT FOR FIRE LANE SIGNS. CHAPTER OF THE CARLSBAD MUNICIPAL - PRESENTATION: On behalf of the City Council, Mayor Packard read and presented a Resolution of Appreciatio to Captain John E. Garcia of the Carlsbad Fire Department in recognition of his exceptional service to the City of Carlsbad. 1 ORDINANCES FOR ADOPTION: - 1 [114] 15 . AB' .,//%84.6'.;- Suppl'ement $1' .-, '.ADULT ENTERTAINMENT ORDINANCE. Motion Ayes Mot ion Ayes : I Council adopted the following Ordinance : Motion Ayes LS -4- Jul 17 1979 8 ORDINANCE NO. 9527 AMENDING TITLE' - 21 OF THE CAR- MUNICIPAL CODE BY THE AMENDMENT AND ADDITION OF VARIOUS SECTIONS TO PROVIDE FOR THE ORDERLY REGULATION BY CONDITIONAL USE PERMIT OF VARIOUS USES AND SY THE ADDITION OF CHAPTER 21.43 TO PROVIDE FOR THE REGULATION OF CERTAIN ~~ ~ "ADULT ENTERTAIWENT" USES. Council adopted the following Ordinande: ORDINANCE NO. 6059 LYENDING TITLE 5, CHAPTER 5 -16 OF THE CARLSBAD ADDITION OF VARIOUS SECTIONS TO PROVIDE FOR THE ORDERLY REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS. MUNICIPAL CODE BY THE NIEBDMENT AND E1131 16. AB #5803 - Supplement #3 - ZONE CHANGE FROM - PC TO PU '- -' 'ZC"'20'3;' APPLI'CANT :' ' LAKE. CALAVERA H'ILLS , ' ROY' WARD. - Council adopted the-following Ordinance: - ORDINANCE NO. '9526 AMENDING TITLE 21. ANENDING THE ZONING MAP TO GRANT A OF THE CARLSBAD MUNICIPAL CODE BY CHANGE OF ZONE (ZC-203) FROM P-C (PLANNED COMMUNITY) TO P-U (PUBLIC UTILITY) ON PROPERTY GENERALLY LOCATED NORTHEAST OF EL CAMINO REAL, i SOUTH OF HIGHWAY 78. APPLICANT: ROY I WARD, LAKE CALAVERA HILLS. PUBLIC HEARINGS : I rnnl 17 AD JL97 LYY J 11. ll~ yt~1'37 - Supp'lement #2 - REVISION - OF PmIOUSLY' APPROVED: SUBDIVISI'ON '-' RANCHO LA QUESTA:, PHASE '5'; CT '79-.4. The Planning Director gave a staf.f report essentially as contained in the Revised Staff .. Report of June 27, 1979 and, .with the aid of a wall map, responded to Council questions. Mayor Packard announced the matter open for public discussion at 6: 31 P.M. .. . e NC Motion Ayes I i I I Motion Ayes .,.,' "I Council recognized the applicant, Don Agatep, 2921 Roosevelt Street, Carlsbad, who represented the Donald Ayres' interest and indicated complete agreement with the staff report and recommendation. Since no one else indicated a desire to speak either in favor of or in opposition to the matter, Mayor Packard closed the public hearing at 6: 32 P.M. .. .. 1 8 Council recognized Alan H. Burson, who represented the Bristol Cove Homeowners' Association, 4485 Cove Drive, Carlsbad. Mr. Burson indicated the Homeowners' Association was in favor of the project. Siince no one else wespodded to ehe invitae5o.n to. speak,' Mk. Brown announced :that no. .or&& 0.r Qritten proteg.ts had been received. Mayor Packard then closed the public hearing at 6:52 P.M. In response .to Council concerns, the Public Works Administrator expressed his confidence that all property owners had been .duly notified bf the proceedings. e -Council adopted the following Resolution: ICESOLUTION NO. 5850 FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, " AND THAT THE PROJECT IS FEASIBLE, AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. [114] 19. AB $15712 - Supplement #l - EXPANSION - OF NO~-CONFO~INGJG' USES' - CASE NO.' 'ZCA-105' -- APPLICANT:'" - CITY OF CARLSBAD. The Assistant to .the Planning Director gave, a staff report on the matter essentially as contained in the June .28 and March 30, 1979 Memorandums. Mayor Packard opened the matter for public hearing at 7: 09 P.M., and Council recognized Arie de Jong, owner of Coast Waste Manageme'nt, 7204 Ponto Drive, Carlsbad. Mr. de Jong expressed his feeling that the provisions set forth would not solve his particular prob.lem in that he would require a maximum of 50% of the total replacement value. Council recognized Dale Schrieber, owner of Ponto .Storage, 7290 Ponto Drive, Carlsbad, who concurred with Mr. de Jong and additional1 expressed the feeling that Council should provide adequate time periods for abatement in order to justify the expense to the property owner of any expansion or alteration. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at.7:17 P.M. Motion Ayes - -. 185 - Motion Ayes ."" .- . 1 ~ .. .. mN4 COT -8- 8 .a Council recognized Don Brown, Executive Vice- President of the Carlsbad Chamber of Commerce. Mr. Brown indicated the Board of Directors had instructed him to address the Council relating their concerns that the water reclamation element of .the subject project was of vital importance in.the economic community in view of the costs associated with the availability of water. Council recognized Bob Allen, representing Standard Pacifi.c, 7906 Convoy Court, San Diego Mr. Allen referenced a similar project in which his principal was involved .and expressed the opinion that if approvals were granted, there would be sufficient lag time between construction and on-line sewer, since oniy a portion of construction could be completed at any one time. Council directed that. Item No. 20, Agenda Bill No. 5803 - Supplement #4, be continued to the next Regular Meeting of August 7, 197'9. Planning: 21. AB {I5921 - REPORT TO THE CITY COUNCIL (EXPIRED TENTATIVE TRACT MAP 73-11). c991 CLARIFYING OCCIDENTAL PARK DEDICATION The City $Manager indicated that while Don Agatep, P. 0. Box 590, Carlsbad, represented the applicant, Occidental Land Company, as a former Planning Director for the City, Mr. Agatep would also be assisting in document- ing the history of the matter. Jack Henthorn of the Planning Department gave a staff report on the matter essentially as contained in his July 11, 1979 Memorandum. In demonstraking the boundary of the Master Plan and areas under discussion on .the wall map, Mr. Henthorn indicated that all of the land dedication issues requiring resolution were located within the areas designated in green and yellow. Parcels 12 and 13 were designated by the brown area. Mr. Agatep indicated during discussion that the subject property had been prematurely dedicated, and the purpose of the dedication had never been documented. Therefore, the applicaht was at this time.requesting Counci acceptance of that land as fulfilling the parks' requirement for Parcels 12 and '13. Council discussed past action on areas 100 and 101 reflected in yellow on the transparency with regard to their usage for a school site, fire station site and park site. In addition, they queried whether this area had been conditioned for public usage. Motion Ayes -... ... In response, staff stated the map had finaled without, that condition. 1TY OF -9- Council recognized Mr. Ken Wasmann, of Occidental Land Company. Mr. Wasmann gave a brief history of the area requested for public usage and the eventual breakdown of negotia- tions. He reaffirmed his intent to dedicate areas 100 and 101 for public purposes. In response to Council questions, staff indicated the area previously deeded to the City fits in the Parks & Recreation element of the General Plan and the Master Plan of the area. In addition,-the 'City Manager stated the developer needs to resolve a number of matters. However, in that they expressed an immediate need in dealing with a land owner, this particular request is before Council at this time. It was moved that Council select the action labeled "E" on Page 3 of the June 6, 1979 Memorandum from Mr. Henthorn to the City Manager which would return the dedicated land to Occidental Land Company. The motion died for lack of a second. Council directed staff to proceed as recommend- ed on Page 2 of the Memorandum dated July 11, 1979 from Mr. Henthorn to the City Manager. Councilman Skotnicki requested that the record reflect that Council's action is only to the advantage of the land owner. Thus, the land- owner can sell parcels 12 -and 13 with no open space requirements, and in return the City receives an area which can be used for nothing but open space. Council directed that staff, Mr. Wasmann, and the school district get together .to reach a conclusion with regard to the portion of land shown in yellow and proposed for public usage. .. .. Councilman Skotnicki stated he cast a negative vote in that he failed to see its importance. 22. AB {I5922 - REQUEST TO ADDRESS COUNCIL Council recognized Irene Romo, 755.Chestnut, Carlsbad, who related the sequence of events surrounding her request that she be exempted from a particular trash .bill. Council discussion reflected the fact that the City has already paid for trash pick-up services and any waiving of charges for Mrs. Romo would be absorbed by other taxpayers. Council denied Mrs. Romo's request and ordered payment of the delinquent trash charge. a CxWN 187 P 1. Motion Mo ti on Ayes Noes; Motion Aye s Noes- Motion Ayes < x CITY OF CA -12-