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Home My WebLink About1979-09-18; City Council; Minutes. . . . . . ." - .. . . -. . , , c:ITv LJr fi" pyv ~~~~-~~~~~~~~ Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO P.M. Date of Meeting: September 18, 1979 Place of Meeting: Council Chambers z&,"*a i~-~~~.~~~~~~*~=~~~~~~~~~.~~~~-.. CALL TO ORDER was made by Vice-Mayor Skotnicki at 6:OO P.M. CALL was taken by the City Clerk: - INVOCATION was given by Don Brown, Executive Vice-Presi-dent of the Carlsbad Chamber of Commerce. PLEDGE OF ALLEGIANCE was led by Councilwoman Cas ler . APPROVAL OF MINUTES: ( Approved by one Motion Minutes of the Regular Xeeting, held September. 4, 1979, were approved as presented. Minutes of the Adjourned Regular Meeting, held September 11, 1979, were approved as presented. CONSENT CALENDAR : Councilwoman Casler requested that Item No. 7 be removed from the Consent Calendar. The following Items, with the exceptFon of Item No. 7, were approved by one -motion affi ing the action of the Consent Calendar: 1. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances and Resolutions before Council at this meeting. (50) 2. AB $16000 - PAYMENT: OF BILLS. Council authorized the payment of bills for th general expenses of the City and for the Water Department in the amount of $663,804.17. (50) 3. AB $15997 - WTIFICATION OF PAYROLL. Council ratified payment of the payroll in the amount of $206,481.52, for the period August 20, 1979 through September 2, 1979. AB $15983 - ACCEPTANCE OF DEED FOR STREET PURPOSES. Council adopted Resolution No. 5926 accepting Grant Deed from Herman E. and Lois M. May for public street purposes. (70) 5. AB $15731 - Supplement $12 - LAGUNA RIVIERA (45) PARK SLOPE PLANTING. Council accepted the work and directed the Cit Clerk to record the Notice of Completion and release the bonds 35 days after recordation. .. fT F -2- SC ~%m*%6,z&m%g? i 8: 0. .. Lt.e (81) (57) (45) (50) (70) (45) (67) , ~ I u979 .~~~~~~~~~~"~~"~:~-.. "' , "?m" 6. AB #5182 - Supplement $,lo - ACCEPTANCE PROJECT. OF EASEMENTS '- CARLSBAD BOULEVARD BIKEWAY Council adopted Resolution No. 5827, accepting an easement for real property from Hubert A. and Nina P. Waldrip. Council adopted Resolution No. 5928, accepting an easement for real property from Alex John and Antoinette S. Volkoff. Council adopted Resolution No. 5929 authorizing payment of consideration for various easements. 8. . AB #5773 - Supplement #1 - AMENDMENT OF CITY'S HOUSING ELEMENT AGREEMENT WITH MARGARET R. GOLDSTEIN. Counc2l adopted Resolution No. 5932 amending Exhibit ".A1' of Resolution No. 5968 changing the time.of completion of the Housing Element from October I, 1979 to January 1,,'1980. 9. AB $15984 - REFUND OF FEES.. Council authorized payment of requested refunds. ITEMS REMOVED FROM THE CONSENT CALENDAR: 7. AB $13552 - Supplement $113 - CONSTRUCTION OF MAGEE .PARK - CONTRACT NO. 1069. Councilwoman Casler indicated she had requested this matter removed from the Consent, Calendar in order to inquire if there was a date certain for completion of the project. The City Manager responded that the contract provided for completion of the project within 120 days" from commencement. ,. Council adopted Resolution No. 5930 authorizing the transfer of funds for the construction of Magee Park, and Resolution No. 5931 authorizing the execution of Contract.No. 1069 for the construction of Magee Park. ORDINANCES FOR ADOPTION: , 10. AB $15972 - Supplement $11 - POSTING OF GAS PRICES. Council adopted the following Ordinance: ORDINANCE NO. 3114, AWNDIRG TI-TLE 8 OF THE CARLSBAD MUNICIPAL CODE BY- THE ADDITION OF CHAPTER 8.49 TO REGULATE ADVERTISING BY GASOLINE DISPENSING STATIONS. Wd8& 251 \ Zz?zmzma?mCzT2&zL!?2 Motion Ayes Mot ion Ayes CITY OF CARLS COUNi September 18, 1979 -3- 252 .e 1 (99) 11.. AB $15979 - NOTICE AND HEARING REQUIREMENT FOR SUBDIVISION AND ENVIRONMENTAL REVIEW. The City Attorney explained modifications made to Ordinance 9531 in response to administrativ concerns and indicated .the Ordinance as now presented,met the requirements of ,the recent California Supreme'Court decision. Council introduced the following Ordinance: ORDINANCE NO. 9531, ANENDING TITLE 19, CHAPTER 19.04, OF THE CARLSBAD . MUNICIPAL CODE BY- THE ADDITION OF SECTION 19.04.055 AND BY THE AMENDMENT OF SECTIONS 19.04.130, 19.04.140, 19.04.153, 19.04.185 AND 19.04.190 TO PROVIDE NOTICE AND OWNERS IN CONNECTION WITH ENVIRONMENTAL REVIEW. .HEARING RIGHTS TO AFFECTED PROPERTY Council adopted the' following Ordinance: ORDINANCE NO. 9.532, AMENDING CHAPTERS" 20.12. 20.24 AND 20.40 OF THE CARLSBAD MUNICIPAL .CODE .BY THE AMENDMENT OF SECTIONS 20.12.080, 20.12.090 AND 20.40.050 AND BY THE ADDITION OF SECTION 20.24.115 AND SUBSECTION (E) TO SECTION 20.24.140 TO PROVIDE FOR NOTICE TO AFF.ECTED PROPERTY OWNERS IN REGARD TO APPROVAL OF CERTAIN PROJECTS PURSUANT TO THE SUBDIVISION MAP ACT. .. . 1 PUBLIC HEARINGS: I (99) 12. AB 85985 - TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR 39 DWELLING UNITS - CT 79-7/CP-10, APPLICANT: FRIES. The Assistant Planning Director gave a staff report with the aid 0f.a transparency and wall maps dep,icting the location and features, of the project in relation to General Plan Land Use and Condominium Ordinance criteria. Council expressed concerns relative to erosion probrems associated with new development and inquired into provisions requiring the developer to maintain landscaping for an . extended period and insure against erosion. In response, the City Manager indicated staff would prepare a report addressing same. Vice-Mayor Skotnicki then opened the matter for public testimony at 6:24 P.M. I Council recognized Harry Fries, 34345 Via Fortuna, Capistrano Beach, CA., owner of the project, who referenced favorable results of an earlier similar project. I Motion Ayes Mot ion Ayes, ._" . ** *a F h 4""Ei ""q &. 9 c:asQrd @@qT&h&&&"J> -4- September 18, 1979 a,w"""aw"".. . ">&h""%" " <a,""Azw There being no one else who wished to speak, Vice-Mayor Skotnicki closed the public hearing at 6:25 P.M. Council directed the City. Attorney to prepare documents necessary to approve CT 79-7 and CP-10, as per Planning Commission Resolution that public facilities are not available and a condition setting the amount of the public facilities' fee. 8 1. , No. 1544, with the inclus.ion of a finding (114) 13. AB {I5986 - BUIL,DING HEIGHT IN RD-M ZONE ZCA-112, APPLICANT: CITY OF CARLSBAD. I The staff report was given by the Planning Director who indicated the proposed amendment Zone with that of all other zones. - ' would,conform building height in the RD-M Vice-Mayor Skotnicki opened the public hearing at 6:30 P.M. Since no one desired to speak on the matter, the-hearing was closed. Council introduced the following Ordinance: ORDINANCE NO. 9534, AMENDING TITLE 21, CHAPTER 21.24 OF THE CARLSBAD .. MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.24.030, TO REVISE REGULA- TIONS PERTAINING TO BUILDING HEIGHT .IN THE RD-M ZONE. (114) 14. AB $15987 - STORAGE OF RECREATIONAL VEHICLES IN SPECIFIED ZONES - ZCA-110, APPLICANT: CITY OF CARLSBAD. A staff report was given by the Assistant Planning Director,-essentially as contained in the August 22, 1979 report to the Planning Commission. 0 Vice-Mayor Skotnicki opened the public hearing at 6:37 P.M. Council recognized Don Brown, 3135 Monroe Street, Carlsbad, CA., representing the Carlsbad Chamber of Commerce. Mr. Brown indicated the Chamber receives many inquiries from the public regarding permitted RV parking and therefore appropriate zones were favored. Since no one else wishedto.speak, Vice- Mayor Skotnicki closed the public hearing at 6:38 P.M. .3. Council directed that the City Attorney pre- pare the necessary documents approving ZCA-110 as per Planning Commission ResolutimNo. 1545. q- FT t: $ 253 \ - "* -==m!ZY"l,,*.*.Z. ~ ," *... -,-. " -, Mot ion Ayes Motion Ayes 110 t ion Ayes 'I lT F - -3- September 18, 1979 s"js*k . . . .. pew" . ,.. - "-="-?-&" , I"- DEPARTMENTAL AND CITY MANAGER REPORTS: P 1 ann ing (114) I 15. AB {I5726 - Supplement {I3 - AMENDMENTS TO CONDOMINIUM ORDINANCE, ZCA-109. Council introduced the following Ordinance: ORDINANCE NO. 9353, AMENDING TITLE 21, CHAPTERS 21.38 21.45 AND 21.47 THE AMENDTUENT OF VARIOUS SECTIONS TO REVISE THE PXGULATIONS FOR CONDOMINIUMS. - OF THE .-CARLSBAD MU~ICIPAL CODE BY (108) ' 16:AB {I5869 - Supplement 7'12 - APPEAL OF VARIANCE 290 - ZIPSER. - The City Engineer gave a staff report referencing the Exhibit Maps and outlining the options for Council consideration, as contained in his August 29, 1979 Memorandum to Council. The City Manager -indicated there had been a misunderstanding with regard to the status of the matter as a public hearing and inquired if Council would allow the applicant to be heard. i There being no objection, Council recognized Nick Baqche, 3460 Ridgecrest Drive, Carlsbad CA.,.representing Mr. Zipser. Mr. Banche distributed material and .circulated pictures of the project site. Mr. Banche reiterated his client's good faith position in attempt- ing to satisfy the requirements of the Condominium. Ordinance. .He further offered clarification of objections raised to.the matter in that the subject Variance was the only exemption sought by Mr. Zipser. Mr. Banche emphasized that denial. of the Variance would not solve parking problems and suggested that his client.contribute to a parking district as a condition of the Variance. Vice-Mayor Skotnicki then inquired if anyone else wished to address Council on the matter with no response. 0. Council discussed the matter of future widening of Ocean Street, as suggested in the staff report. It was the consensus of Council that further study was required to make any definitive determination. With regard to app1icant"s offer, it was noted there'.mas no project tn the near term for a parking district. Staff a'cknowledged that a report would be prepared addressing same. . Council discussed the design of the project, as apartments, may invite communal occupancy and increased parking needs. . QfJUfbb t 254 F >"&- .-" - - ~-.,.. Mot ion Ayes. .. I. CITY OF CA -6- September 18, 1979 -1 A moti,on was made and seconded that Council consider approval of Variance 290 and return the matter to the Planning Commission for further study with a recommendation that the applicant participate in a future parking district. 8 A motion was made to amend the motion to pro- vide for inclusion of a turntable or elevator. The motion died for lack of a second. Council considered approval of Variance 290 and 'directed the.matter returned to the Planning Commission for further study with a recommendation that the applicant participate in a future parking district. RECESS: Vice-Mayor Skotnicki announced a recess at 7: 17 P.M. , and' Council reconvened at 7: 30 P.M., with four members present. (1114) l7. A3 #5712 - Supplement #2 - EXPANSION OF NON-CONFON4ING USES ; ZCA-105. .. 0 CWNI 255 Motion Mot ion AyeB. Noes 4.. " . Mo t ion Ayes I ,, CITY OF CARLS5AD CuUNj ' ~ September 18, 1979 257 1 -8- I .A Request To Speak having been properly filed, Council recognized Nicholas C-. Banche,. 3464 Ridgecrest Drive, Carlsbad, CA., representing the Highland Company and.Tiberio/ Peacock. Mr. Banche expressed the concern that no preference was given to projects with , a long-standing commitment to' development. He further expressed the opinion that the negative point system penalized large developments. .In response to questions by Jack Sprague, 4800 Williamsburg Lane, $1104, La Mesa, CA., representing Carlsbad Countryside Hamilet, 'it was suggested '%hat Ur. Sprague discuss his concerns with the Planning Department. I .. 1- 8. . , .. CITY 0% CARLSBAD -9- September 18, 1979 .= , I' . Public Works 'I (81) 20. AB $15989 - QUITCLAIM PORTION OF SEIER (99) EASEMENT IN CT 72-34. I I The City Engineer reported'on the matter essentially as contained in the September 6, 1979 Memorandum. I Council authorized the Mayor and the City Clerk to execute a Quitclaim Deed for the subject sewer easement. I (55) 22. AB $15991 - STATUS OF SOLID WASTE (45) COLLECTION AGREEMENT. e The Director of Utilities & Maintenance reported to Council essentially as contained in the September 10, 1979 Memorandum. A Request To Speak having been properly filed, Council recognized Arie deJong, 7204 Ponto Drive, Carlsbad, CA. Mr. de Jong expressed desire to continue servicing the City and extend the contract period. Comci1,briefly discussed the matter with the consensus being that the existing contract 'with Coast Waste Management be renegotiated with a report prepared regarding limited versus unlimited collection. CnwNj 258 '- F " 140 t ion Aye s -. .., Motion Ayes Noes , 1 I , C. CITY OF CARLSBALI -11- September 18, 1979 . ,I (28) 28. AB $15909 - APPOINTMENTS TO AUTHORITIES, (40) COMNISSIONS AND COMMITTEES. Council adopted the following Resolution: RESOLUTION NO. 5836, APPOINTING A MEMBER TO THE CARLSBAD BUILDING (76) 30. AB jj599.6 - PLANN.ING COMMISSION APPOINTMENT. By consensus of Counc$l, this matter was continued to the Regular Meeting of October 16, 1979. (28) 31. AB $,5951 - APPOINTMENT OF CITIZENS.' COMMITTEE TO, REVIEW PUBLIC FACILITIES ' FEES. Council concurred with the recommendations from the following to represent their respective categories. 0 Board of Realtors - Richard Chick Mobile Homeowners Associations - Jerry Bank Chamber of Commerce - Gl.enn McComas League of Women Voters - Barbara Otwell Planning.Commission - Edwin S. Schick, Jr. Library Board of Trustees - .Ronald N. Cipriano Parks & Rec Commission - Barbara Donovan Council further concurred with the following appointees: Alice V. .Beach Robert M. Dias Robert L. Synder David R. Thompson cow{ - 260 1 Motion Ayes Motion Ayes. I. -. I I I I , I . .P CITY OF CARLS0AD CWFI 261 .. F ,, -12- .. ., .. .. ...' . SeDtember 18. 1979 .. C,ouncil concurred that two additional appoint- ,merits would be made.at a laterxdate. Council adopted the following Resolution in : accordance with the designated persons: RESOLUTION NO. 5880, APPOINTING A CITIZENS' COMMITTEE FOR DEVELOPING A PUBLIC FACILITIES' FEE. (28) 32. AB $15999 - ADVISORY AND APPEALS BOARD 'APPOINTMENT. 'Council continued this matterto the Regular 'Meeting of October 2, 1979. (103) 33. AB $16001 - TRAFFIC- SAFETY COMMISSION APPOINTMENT. Council continued thismatter to the Regular Meeting of'october 2, 1979. (74) 33A. AB $16002 - PROFESSIONAL SERVICE AGREEMENT WITH RALPH ANDERSEN AND ASSOCIATES. Council'adopted the following Resolution: I' RESOLUTION NO. 5939 , AUTHORIZING THE MAYOR TO EXE.CUTE A PROFESSIONAL SERVICE AGREEMENT WITH RALPH PURPOSE OF SERVING'AS CONSULTANTS. ,. ANDERSEN AND ASSOCIATES FOR THE CITY COUNCIL ADDITIONAL BUSINESS: Parks & Recreation Commission Councilman Lewis reported on the.recent meeting indicating the Commission's desire to assist in review of the Parks & Re,c Element of the General Plan. Traffic Safety Cormnission Vice-Mayor Skotnicki referenced the Traffic Safety Commission Minutes from their September 10, 1979 meeting regarding traffic control along Carlsbad Boulevard in the vicinity of the Encina power plant and requested such matter be returned to Council in the form'of an Agenda Bill for Council consideration. I Meeting in La Costa. Vice-Mayor Skotnicki announced his desire that a Council meeting in the La Costa area be held. ADJOURNMENT : By proper motion, Council adjourned at 11:30 P.M. to September 20, 1979 at 6:OO P.M. in Council Chambers. Respectfully submitted, ALETHA & L. RAUTENKRANZ, 841- CITY C FX Anita D. Murphy, Recording Secretary I