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HomeMy WebLinkAbout1980-04-01; City Council; Minutes-~ 9 I e 8 CITY QF CARLSBAD CcWNGIILME Minut.es of: CITY COUNCIL. (Regular Meeting) Date of Meeting: April 1, 1980 Time of Meeting: 6:OO P.M. Place of Meeting: City Council Chambers CALL TO ORDER was made by Mayor Packard at 6:OO INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was led by James Hagaman, Planning Director.. APPROVAL OF MINUTES: (Approved by one Motion) Minutes of the Regular Meeting, held March 18, 1980, were approved as presented. CONSENT CALENDAR: The following items were approved by one motion, affirming 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. (501, 2. AB $16208 - RATIFICATION OF DEMANDS AGAINST Council ratified payment of City demands in the amount of $773,789.25 for the period March 14, 1980 through March 27, 1980 and payroll demands in the amount of. $205,753.07 for the .period March 3, 1980 through March 16, 1980. 3. AB. $15138 - Supplement $14 - FINAL MAP FOR (”) CT 77-7 ROYAL HOMES NO. 8. Council approved the final map of Carlsbad Tract 77-7. (96) 4. AB #6116 - Supplement #Z - TRAFFIC SIGNALS AT ELPI AVENUE AND PI0 PIC0 DRIVE - CONTRACT NO. Council adopted Resolution No. 6124, accepting bids and authorizing the execution of contract 1076 with Select Electric Lnc,, . for : the installation of traffic signals at Elm Avenue and Pi0 Pic0 Drive. 5. AB $16200 - Supplement $11 - REQUEST FOR (93) SEWER ALLOCATION BY SUDAN INTERIOR MISSION. Council adopted Resolution No. 6125, authorizing allocation of 8 edu’s to Sudan Interior Mission for a proposed facility for. retired missionaries pursuant to the second phase sewer allocation .. I 0 0 CITY OF CA.WLSBAD -2- f. A ri.1. 1, 1980 6. AB 1,4098 - Supplement 84 - ASSESSMENT I :i:i DISTRICT 79-1 (BRISTOL COVE) ACCEPTANCE OF EASEMENTS. I ~. Council adopeed Resolution No. 6126, accepting an.easement for real property from Diversified Financial Services. Council adopted Resoluti.on No. 6127, authorizing payment of consideration for various easements. I (96) 7. AB #6146 - Supplement #1 - TRAFFIC SIGNALS . (45) AT EL CAMIN0 .REAL AND TMUCK AVENUE - CONTRACT NO. 1079. f Council adopted Resolution No. 6128, accepting bids and author.izing execution of contract 1079 with McCain Construction Co., Ine. for the installationoftraffic signals and lighting at El Camino Real and Tamarack Avenue. With regard to item' 7, Councilman Skotnicki questioned whether a response had been made to the citizen inquiry regarding progress .of the signals. Mayor Packard indicated he had sent a letter and Councilman Anear stated he had personally talked with the person. I PUBLIC HEARINGS : (77) 8. AB #6185 - Supplement #Z - MORATORIUM ON CONVERSION OF APARTMENTS TO CONDOMINIUMS. . An introductory staff report was given by the City Manager, noting prior Council action on the matter. I Mayor Packard opened the public hearing at 6:05 P.M. and extended the invitation to speak. I Council recognized Mary Ann Haasl, 6411 Via de La Reina, Bonsall, CA., who spoke in favor of the matter. There were no further public responses and Mayor Packard closed the -:hearing at 6:06 P .M. Council introduced the following Ordinance : ORDINANCE NO. 9548, AMENDING ORDINANCE NO. 9547 TO EXEMPT PROJECTS IN THE R-W ZONE FROM THE MORATORIUM ON THE PROCESSING OF SUBDIVISIONS FOR THE CONVERSION OF EXISTING STRUCTURES TO CONDOMINIUMS. (43) 9. AB #6209 - APPEAL OF CUP-171 FOR EXPANSION OF NON-CONFORMING USE. APPELLANT: COAST WASTE MANAGEMENT-. Mayor Packard suggested this item be trailed to allow for the arrival of the applicant or a representative. Council agreed to defer the matter to the .end of the public hearings. couNcoLM1 CITY OF CA ccwNCIILMI I 0 8 Ap.ri.1. 1, 1980 -3- - 1 1 i 1 I i ~~ ~~ (99) 10. AB # 6210 - 18 UNIT CONDOMINIUM' DEVELOPTENT (113) CT 79-23/CP-32, APPLICANT: KUPFER. An introductory staff report was given by the Planning Director, as contained in the Statement of the Matter. Bud Plender of the Planning Department continued with the staff report, referring to wall maps which depicted location and design of the project In response to Council inquiries, Mr. Plender described the amenities and their relationship to. the units. Mayor Packard opened the public hearing at 6:25 P.M., and extended the invitation to speak. Council recognized Charles Peinada, 6615 Caminito Seioto, La Jolla, CA., who indicated ' he was a partner of the applicant, Mr. Kupfer. Mr. Peinada explained the project design had been revised several times to provide optimum development and acknowledged agreement with all conditions. Since no one else wiLshed to speak, Mayor Packard closed the public hearing at 6:27 P.M. Council discussion acknowledged revisions had -improved project design; however, concerns were expressed that extent and quality of the amenities in comparison to project density were not those normally associated with homeownership Council directed the City Attorney to prepare necessary documents approving CT 79-23/CP-32, as per Planning Commission ResoluLion 1601. (g!>) , 11. AB $13484 - Supplement #3 - REVISION OF EXISTING TENTATIVE MAP - CT 75-6(B) APPLICANT: LA COSTA- LAND COMPANY. The Planning Director gave an introductory explanation of the matter. Bud Plender continued with the report noting location of each phase on the wall maps, the relation to existing streets, explaining pro- posed streets and total stree.t system when developed. In response to Council inquiry, Mr. Plender stated construction in phases would result in viable individual developments. Mayor Packard opened the public hearing at 6:35 P.M. and extended the invitation to speak. I* Council recognized Bob Ladwi-g of Rick Engineering, 3088 Pi0 Pio- Suite 202, Carlsbad, CA. Mr. Ladwig expressed agreement with all conditions and requested approval. Since no one.else wished to speak, Mayor Packard closed the public hearing at 6 :38 P.M. , CITY OF CARLSBAD -4- ! 1 ipril 1, 1980 Councilman Skotnicki requested clarification of the park dedication in that the Planning Commission conditions specified 2.9 .acres,, while the staff report recommended 6.2. The Assistant .City Attorney stated the park dedication had been discussed in a memorandum to the Planning Commission from the City Attorne: which was not attached to this item. Mr. . Hentschke explained the memorandum outlined two methods for requiring park dedication, one which had been .accepted by the Planning Commission as a condition and one which had been recommended by staff . Council directed the City Attorney to prepare the necessary documents approving CT 75-6(B) ,as per Planning Commission Resolution No. 1603. ~ (99) 12. AB /I6210 - TENTATIVE MAP AND PLANNED UNIT i(113) DEVELOPMENT CT 79-25/PUD-12 - RANCHEROS, I APPLICANT: LA COSTA LAND COMPANY. ~ An introductory staff report was given by the ~ Planning Director. i ~ The staff report was continued by Bud Plender of the Planning Department who, with the aid of wall maps, detailed the project plan, explaining topography, configuration and location of the property and design of the lots and streets. With regard to Corintia Street, Mr. Plender explained a "jog" had been designed to dis- courage use of the street as a short cut. Mr. Plender also noted location of the park and school site, along with corresponding school districts. ~ j I i j ~ I ~ ~ I ~ ~ I The Assistant City Attorney referenced the to the Council which outlined a revi.sion to Condition 27 and addition of a Condition No. 30. Mayor Packard opened the public hearing at 7:11 P.M. and extended the invitation to speak. Council recognized Jim Goff of La Costa Land Company, 7682 El Camino Real, Carlsbad, CA, who introduced Ro.ss Sutherland, representing the project design architect, Dale Naegle, 2210 Avenida de la Playa, La Jolla, CA. Utilizing several color-coded illustrations, Mr. Sutherlan gave a detailed description of the proposed project, including architecture of bmes', type of landscaping and relation to equestrian trails and meadows. .In response to Council concerns, he added a geological report would be required for every home to insure against land slides and landscaping designed to protect against fires and provide proper fire access. .April 1, 1980 Memorandum from the City Attorney 109 - , Mot Aye ~rnL1UWGrn .. " . " .. . .. . .. .. .. - ." . - - . . . - - .. ' "e=< . . ... . : -. :. --1" . L" e- . % - . .".. . . -. . .. *. - . :%: " 2- - . .- - " 7" z. = .. " **.- -. - -2 { ".. - .=-3. *,, ". _- -0 ..jZ . " "- . . - 1. " -- . 2" . " " -. . ~., ~ . . .. " - .- CITY QF CARLS CxwMClbME A -5- ,mil. 1. 1980 h' Council again recognized Jim Goff who requested clarification of Conditions 14 and 15 of Planning Commission Resolution 1603, expressing the opinion that private property owners should not.be required to maintain equestrian trails dedicat'ed for public use. Additionally, Mr. Goff explained with regard to Lot 25 referred to in Planning Commission Resolution 1603, the developer desired to propos at a future time to make available park land for public use at another location and proceed to develop Lot 25. Since no one else wished to speak, Mayor Packard closed the public hearing at 7:46 P.M. 1 In response to Council discussion re development of Lot 25, Mr. Plender explained because of the provisions of the parks agreement with La Costa and the topography of Lot 25, the developer could not receive credit for park dedication;, therefore, staff would agree to a proposal for an exchange of park sites. Council also express concern that, prior to final map, La Costa offer park sites other than those indicated on the map. Council expressed concerns relative to design -of Corintia Street, in that it would.tend not to discourage use as a short cut and therefore be the site of possible traffic hazards. .In response to concerns re maintenance of the equestrian trails., Mr. Plender stated the condition should be clarified to reflect that trails be maintained by the private property owners until such time as the City accepts . them. 1x1 response to inquiry re sequence of construction of phases, staff stated same would have no substantial impact on the providing of necessary services. A motion was made and seconded to direct the City Attorney to prepare necessary documents approving CT 79-25/PUD-12, as per Planning Commission Resolution 1602 and 1603, with the additional wording in Condition 15 of Planning Commission Resolution 1603 "until such time as the City accepts equestrian trails for dedica- t ion. It I A motion was made to amend the motion to pro- vide for staff reconsideration of the off set of Corintia Street and report on the matter at the time documents are prepared and forwarded for final approval by City Council. The motion died for lack of any second. CITY OF CARLSBAD -6- .. April- 1, 1980 I " A motion was made and seconded to amend the .. motion to provide for amendment to the tentative. map on Page 13, Conditions 14 and 15, to modify those conditions to indicate those equestrcan trail systems that may eventually be offered to the City for public use and public maintenance. I) With regard to the original motion, Councilwoman Casler, with the consent of the second, Council- man Lewis, amended the motion to include revised Condition 27 and additional Condition 30. Council directed the City Attorney to prepare the necessary documents approving CT 79-: PUD-12, as per Planning Commission Resolution 1602 and 1603, with the inclusion of revised Condition 27 and additional Condition 30, and amendment to the tentative map to indicate those equestrian trail systems that may eventually be offered to the City for public use and public maintenance. RECESS: Mayor Packard announced a recess at 8:30 P.M. and Council reconvened at 8:45 P.M., with all members present. (43) 9. AB $16209 - APPEAL OF CUP-171 FOR EXPANSION OF NON-CONFORMING USE. APPELLANT: COAST WASTE MANAGEMENT. The staff report was given by the Planning Director, explaining the history of the matter and nature of the appeal in that a Variance would be required for applicant to proceed as he desired. The staffreportwas continued by Mr. Plender who, with the aid of wall maps, explained 'location of the property and proposed relocation of the building. Mr. Plender also distributed photographs of the property taken from the ,vantage of the dog kennel adjacent to the site. Mayor Packard opened the public hearing at 8:53 P.M. and extended the invitation to speak. 8 Council recognized Morris Sims, 7402 Ponto Dr. Carlsbad, who addressed Council on behalf of the applicant. Mr. Sims'expressed oppostion to \ the condition.x.e relocation in that it would delete overnight storage and parking for 50. large trucks. In response to Council inquiry, Mr. Sims clarified certain business operations relating to the circulation pattern of traffic by explaining same on the wall map. Council then recognized Nick Banche, 3464 Ridge- crest, Carlsbad, who appeared as attorney for Mrs. Elsie Cannon, owner of the adjacent propert For the record, Mr. Banche acknowledged need for expansion but expressed opposition to site de- sired by applicant and stated in either event applicant should be required to observe' the 10 foot setback, preferably on option $12. rnNClLMIE CITY OF RSSBAD -7- .April. 1, 1980 Mayor Packard then read the Request To Speak, filed by Harold Clarke, 824 Caminito del Reposo, Carlsbad, CAY expressing the opinion the . appellant's .request should be denied. 0 Since no one else wished to speak, Mayor Packard closed the public hearing at 9:lO P.M. Following brief discussion, Council granted the appeal from the Planning Commission condition $18, subject to the processing of the required Variance, .I DEPARTMENTAL AND CITY MANAGER REPORTS: I: (701) 13. . AB $1910 - Supplement $124 - SWIMMING POOL (45) AGREEMENT. A background report of this matter was given by the City Manager. Councilman Anear indicated additional wording should be added to Article XVII, Page 13, to say documents with architects' name block shall not be used by the City, etc. Mayor Packard inquired of Article I1 on Page 3 and 4, expressing the opinion those items would facilitate competitive events of the school. In response, staff indicated the Agreement had been reworded and the City Engineer read changes, to wit: "Article I1 - Other Design Considerations. Consultant shall make design provisions in plans and specifications for these items which may or may not be provided at a future time: 1.- The following items. may be provided in the future: . . . 2. The following 'items may be provided: . . . . 1' It was the consensus of Council that the agreement be forwarded to the School District for their information as a matter of courtesy. It was the consensus of Council that concerns relat.ive to Council desire that restroom facilities be available to spectators be conveyed to the architects. Council adopted the' following Resolution, sub- ject to the changes articulated by the City Engineer, with the same being forwarded to the School District for their information: 8 RESOLUTION NO. 6129, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BIRD, FUJIMOTO AND FISH FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MUNICIPAL SWIMMING POOL COMPLEX. I rnNClMf CITY .OF CARLSBAD mNC3Lk3i (26) 14. AB {I4098 - Supplement #5 - ASSESSMENT DISTRICT NO. 79-1 (BRISTOL COVE). The City Manager explained the nature of these proceedings and the required action. With the aid of wall maps, the Public Works Administrator, gave a presentation of the assessment district boundaries, explanation of the extent of impr.ovement work to be constructe and easements to be acquired. Council recognized F. MacKenzie Brown, the ' attorney retained by the City to assist in the proceedings. Mr. Brown explained the Resolution proposed for adoption which sets f,orth statutory recitals. Council adopted the following Resolution: RESOLUTION NO. 6130, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINANCE BENEFIT AND DESCRIBING THE DISTRICT TO BE THEREOF; DETERMINING LIQUIDATED DAMAGES; AND PROVIDING FOR THE ISSUANCE OF BONDS. ASSESSED TO PAY- THE COSTS AND EXPENSES Council then recognized John Dainwood, Civil Engineer, 6150 Mission Gorge Road, San Diego, C who presented the engineer's report, explaining the plans, specifications, cost estimates, assessment roll and assessment diagram. Mr. . Dainwood additionally explained the method and formula for .assessment spread and presented the map depicting easements still to be acquire Council adopted the following Resolution: PUBLIC HEARING. Council adopted the following Resolution: RESOLUTION NO. 6132, REFERENCING PREVAILIN WAGE SCALE AND DIRECTING CALL FOR CONSTRUC . . TION BIDS. Council adopted the following Resolution: Council adopted the following Resolution: RESOLUTION NO. 6134, SETTING TIME AND PLAGE FOR PUBLIC HEARING ON ADOPTION OF TION BY EMINENT DOMAIN PROCEEDINGS. RESOLUTION OF NECESSITY TO ORDER ACQUISI- - . .. .. .. .. ._ - . "._" . . . __.. . . . . . .. .. i ..; .. - .. .. , , .. . .. e-., - - - ,Ss"lf. . .:: _". . .;1%;..- " - I zx* .. " I. - " sy .L.. ' . . - .- -. - CITY OF WLSBAD GCW43LMI A - I) a .F Parks & Recreation (70:) 15. AB $16133 - Supplement $11 - AGUA HEDIONDA LAGOON STUDY. The City Manager indicated the property known as "Snug Harbor" had been sold with the new owners having that portion of the property where the boats are launched. In that the new owner had expressed the desire tp discuss ,the matter with his attorney and accountant and the fact the subject property was the only site for launching boats, Mr. Aleshire recommended Council continue the matter. this matter. the use of the lagoon to sailboats. Council'continued this matter to a date un- certain. Publ'ic Works (92) -16. AB $16211 - PROPOSED CHANGE IN CAPACITY AND FUNCTION OF ENCINA WATER POLLUTION CONTROL FACILITY. Councilwoman Casler , as one of Council's JAC representatives, gave a brief history of . .the matter, indicating she had requested JAC members to consider increasing only to 15.0 MGD at this time with the understanding that so. Councilman Skotnicki, as Council's other JAC representative, continued stating citizens of Alta Mira were still concerned; expressed concerns that satellite plants be designed to handle their own solids, even though solids would be shipped to Encina and concerns re Encina as a solids handling plant prior to completing the current upgrading. recommendation approving in concept rerating of EWPCF from 13.75 MGD to 16.0 MGD and allow by member agencies. .. -. . - -. .. r, CITY OF CAWLSBAD - 10- .. Ap ri 1 " (92) (77) (45) (9!3) 1 I I* ~ I '. I I 1, 1980 ~_~". ~_~"~"_~ ~~ A motih was made and seconded to amend the motion to allow EWPCF to function as a regional solids facility for satellite plants owned and operated by member agencies provided that (1) necessary reciprocal arrangements can be made to handle 'any solids in excess .of those transmitted to EWPCF, during any unforeseen difficulties arising at EWPCF, as a part of normal flows within their contractual rights; .and (2) provide( further that necessary financial arrangements can be made to cover the additional costs of handling those solids at Encina. Council approved, in concept, the proposals to rerate the EWPCF from 13.75 MGD to 16.0 MDG and allow the EWPCF to function as a regional solids handling facility for satellite plants owned and operated by member agencies, provided that (1) necessary reciprocal arrangements can be made to handle any solids in excess of those trans- mitted to EWPCF, during any unforeseen dif.ficult, ies arising at EWPCF, as a part of normal flows within their contractual rights; and (2) provide1 further that necessary financial arrangements can be made to cover the additional costs of handling those solids at Encina. 17. AB #6021 - Supplement 111 - PROPOSED SATELLITE PLANT. The City Manager briefly explained staff recommendation. Council referred the request and report to staff for analysis and recommendation. Planning .. . 18. AB $16216 - AGREEMENT FOR THE PROVISION OF A GROWTH MANAGEMENT PROGRAM. The Manager recommended that Council schedule a meeting with the consultant and the Planning Commission in order to discuss the matter. Council continued this matter to the next meeting to be scheduled for April 9-, 1980. 19. AB {I6212 - AMENDMENTS TO SUBDIVISION REGUL~IONS. The Assistant City Attorney reported on the matter as contained in the March 25, 1980 Memorandum from the City Attorney to the Council CouncS1 introduced the following Ordinance: ORDINANCE NO. 9549, MENDING TITLES 20 AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDNENT OF VARIOUS CHAPTERS AND SECTIONS THEREOF TO REVISE THE REGULATJONS FOR THE SUBDIVISION OF LAND, . .. WNCJWE ' : CITY OF CARLSBAD .. CWMCILMl -11- April 1, 1980 --" I, (62) 20. AB $16213 - PENDING LEGISLATION. I I) The Assistant City Attorney gave a brief staff report. . Council directed the City Attorney to send letters of opposition with regard to Assembly Bill 2474 and Assembly Bill 3017/Senate Bill. 1869. City Manager I BILL 1627. (62) 21. AB $16214 - PENDING LEGISLATION - SENATE I The City Manager gave a brief report on the matter. Councilman Skotnicki expressed the opinion in addition to a letter of support, that Senator Craven should be telephoned re Council position. I Council directed staff to prepare a letter for the Mayor's signature supporting Senate Bill 1627. City Clerk (94) - 22. AB $16205 - PARKING AUTHORITY 'APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 6139 APPOINTING A MEMBER TO THE CITY OF CARLSBAD . PARKING AUTHORITY (such member being Glenn E. McComas). (76) . 23. AB $16202 - PLANNING COMMISSION APPOINTMENT Council adopted the following Resolution: ,I RESOLUTION NO. 6140, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PLANNING COMMISSION (such member being Jerry Romotis) I I ' (90) ' 24. AB $16215 - APPOINTMENT TO SAN DIEGO COUNTY FLOOD CONTROL COMMISSION. Mayor Packard requested that each member come prepared their nominations at the next meeting and, in the interim, requested a report as to meeting time, location and other relevant information. CITY COUNCIL ADDITIONAL BUSINESS: Information Item "A" Councilman Lewis esnressed concern that Council personally view the subject site. 116 - -. ~. . . . " . .> " CITY OF CARLSBAD WNCILMi Library Board of Trustees Councilwoman Casler reported on the recent meeting of the Trustees relating plans for a mobile unit located at St. .Elizabeth Seton Church;. appointment of a committee to consider a site selection for a central library; and - Councilman Skotnicki reported on the bids for the new contract and flow rates at Encina. Prop 9 Forum Councilman Skotnicki advised he would be Visitors ' Bureau Mayor Packard advised he had been requested by the Vice-Mayor of La Mesa to request Council consideration of support of the bureau. Council expressed no interest. (62) Senate Bill 1827 .. Council expressed support of the City of Bakersfield Resolution No. 21-80 which supports Senate Bill 1827 amending the State Laws relating to pornography and the abatement of pornographic matter. Beach Erosion Council expressed concerns regarding a 'resolution of the problem, with the City Manager to contact the Chamber committee and report back on steps that can be taken and recornendations as to whether a consultant should be retained. ADJOURNMENT By proper motion, Council adjourned at 11:33 P.M. to Wednesday, April 9, 1980 at 3:OO P.M. in the City Council Chambers. Respectfully submitted, Anita D. Murphy, Recording Secretary . .-. --.., - - -. -. .. . . , .. . - ."... -. . . " - .. .I .. .. ~. . . " . . . . . . . . .. ,. .. " ... ~-:." . ' . *. * . . .:. . " .- -. - %. 5 .-