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HomeMy WebLinkAbout1980-04-15; City Council; MinutesCITY OF CARLSBAD COUNCJtMf RESOLUTION NO. 6149, ANNOUNCING PLANNING COMMISSION DECISION, AND . APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF A NONCONFORMING USE IN THE RD-M ZONE LOCATED ON THE EAST SIDE OF PONTO DRIVE BETWEEN LA COSTA AVENUE AND SAN DIEGO GAS 6 ELECTRIC POWER FI.NDINGS, GRANTING AN APPEAL OF A PLANT. CUP-171. (77) 19. AB $16185 - Supplement $12 - MORATORIUM ON CONVERSION OF APARTMENTS TO CONDOMINIUMS. Council adopted 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. (48) ' 1. AB $16125 - Supplement 113 - DECLARING RESULTS OF GENERAL MUNICIPAL ,ELECTION. The City Clerk gave the staff report as contained in the Statement of the Natter. Council adopted the following Resolution: RESOLUTION NO. 6141, RECITING THE' FACT OF THE GENERAL MUNICIPAL respective oaths. Mayor Packard then expressed his personal regards for outgoing Councilman Skotnicki. Mayor Packard stated Councilman Skotnicki's dedication to environmental concerns in particular, were a hallmark of the quality of life in Carlsbad. aitp Qt barlmao -3- COUNCIL Councilwoman Kulchin was then seated at the ELECTION OF VICE-MAYOR AND ANNOUNCEMENTS RE COMMITTEE MEMBERS. Mayor was ratified by the Council. ..At the request of Mayor Packard, Councilman Anear. accepted as a member of the Council sewer committee. Mayor Packard announced that, with the consent of the Council, he intended to represent the City at the Comprehensive Planning Organization. Councilman Lewis requested that Item No. 8 be removed from the Consent Calendar. The following Items, with the exception of No. 7 and No. 8 were approved by one motion affirming the action of the Consent Calendar; 3. WAIVER OF TEXT READING. Council waived the reading of the text of all ordinances and.resolutions before -Council at this meeting. .Council ratified payment of City demands in the amount of $40,357.91 for the period March 28, 1980 through March 31, 1980 and payroll demands in the amount of $206,892.99 for the period March 17, 1980 through March 30, 1980. (99) 5. AB $13731 - Supplement 112 - FINAL MAP Council approved the final map of Carlsbad Tract 76-6 known as Royal Homes 117. (81) 6. AB 116219 - ACCEPTANCE OF DEEDS. Council adopted the following Resolutions: RESOLUTION NO. 6142, ACCEPTING A GRANT DEED FROM MESSRS. ESTES, WORTHING & THOMPSON FOR PUBLIC STREET PURPOSES. RESOLUTION NO. 6143 ACCEPTING A GRANT DEED FROM MESSRS. ESTES, WORTHING & THOMPSON FOR PUBLIC .STREET PURPOSES. .. . up OT barmtw -4- COUNCIL April 15, 1980 I e 8 - .) 1 (81) 9. AB #6173 - Supplement #1 - STREETSCAPE (45) IMPROVEMENTS AT GRAND AVENUE AND STATE STREET - CONTRACT NO. 1075. Council adopted the following Resolutions: RESOLUTION NO. 6145, REJECTING ALL . BIDS FOR CONTRACT NO. 1075 FOR STREETSCAPE IMPROVEMENTS AT GRAND AVENUE AND STATE STREET. RESOLUTION NO. 6146 , APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR CONTRACT NO. 1075. (99) 10. AB $16040 - Supplement $12 - FINAL MAP CT 79-10. Council approved the final map of Carlsbad Tract 79-10 filed by Hsiu. (99) 11. AB $/6041 - Supplement #2 - FINAL MAP CT 79-11. I Council approved the final map of Carlsbad Tract 79-11 filed by Hsiu. I (99) 12. AB $16210 - Supplement $11 - 18-UNIT CONDOMINIUM DEVELOPMENT CT 79-23/CP-32, APPLICANT: KUPFER. I See Page 1 hereof. 0 I (99) 13. AB $13484 - Supplement $14 - REVISION OF EXISTING TENTATIVE MAP - CT 75-6(B), APPLICANT: LA COSTA LAND COMPANY I See Pages 1 and 2 hereof. I (43) 14. AB $j6209 - Supplement #1 - APPEAL ON CUP 171, APPELLANT: COAST WASTE MANAGEMENT. - I See Pages 1 and 2 hereof. I (29) 15. AB #6222 - AUDIT PROPOSAL - FISCAL YEAR (45) 1979-1980. I Council approved the retention of George A. Peterson and Co. as the City Auditor for fiscal year 1979-1980. (70)-, 16. AB a6223 - PURCHASE OF ELECTRICAL SUPPLIES (45) FOR CHASE FIELD LIGHTING. 1 Council adopted the following Resolution: 1 RESOLUTION NO. 6150, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF CONTRACTS FOR THE PURCHASE OF ELECTRICAL SUPPLIES FOR CHASE FIELD LIGHTING (such contracts being with Mission Electric and Coast Electric). I 123 .. .. . '. urp OL ULBfLBU#I2 -5- COUNCII A j I 1 pril 15, 1980 (70) ' 17. AB $15111 - Supplement $18 - LA COSTA CANYON (45) PARK - ACCEPTANCE OF WORK - CONTRACT NO. 1045. Council accepted the work and directed the City Clerk to record the Notice of Completion and release bonds 35 days after recordation. (99) 18. AB $16087 - Supplement $12 - FINAL MAP CARLSBAD TRACT 7-9- 16. " Council approved the final map of Carlsbad Tract 79-16 filed by Malter. ITEMS REMOVED FROM THE CONSENT CALENDAR: (81) 7. AB /I6220 - QUITCLAIM OF EMERGENCY ACCESS (99) ROAD EASEMENT. The City Manager explained the background of the matter. Council -recognized Barbara Harden 7205 Manzanita, Carlsbad, CA, who filed a Request to Speak. Mrs Harden stated the intersection of Alga Road and El Camino Real was the sole entrance/exit for Seaport residents- and expressed the opinion -that a fire or other calamity in that area would render that intersection impassable to emergency or other vehicles and imyeril Seaport residents. Mrs. Harden further expl-ained the access was utilized as a "short cut" for children walking to the school bus stop and by other pedestrians. Council recognized Julie Vitek, 7208 Manzanita, Carlsbad, CA., who reiterated the remarks of Mrs. Harden. Council recognized Will A. Bowen, 1859 Lilac Court, Carlsbad, CA., who explained he owned the property subject to the easement, and that he had requested same be quitclaimed to him in an effort to halt or deter incidences .of vandalism and littering attributable to use by persons for other than emergency purposes; and afford him reasonable privacy as the property owner. Mayor Packard questioned whether the fire department had used the emergency access, with the City Manager confirming they had not; the Alga Road/El Camino Real intersection having been utilized. The City Manager further explained this subdivision was never completed as a result of the sewer moratorium; however at some future date access would be available from Arena1 Road Further, it had been the City's intention to vacate the access when the subdivision was completed. A 124 - i 1 I I I I L .. .. UBE, OL ULB[TiBU#U -6- COUNCII April 15, 1980 I .I 0 Council discussed sealing the access off from all except emergency vehicles. Council returned the matter to staff to inves- tigate the temporary closing of the easement except for emergency vehicles . I (51) 8. AB $16221 - AUTHORITY TO CONDUCT JOINT (45) ' TESTING OF FIREFIGHTER APPLICANTS. Counc'ilman Lewis indicated he had requested this item removed from the Consent Calendar in order to obtain clarification re whether the City would be able to choose from the top candidates. The City Manager responded applicants would be selected as they would from an individual City list. However, if any applicant declined an offer from any other City, the applicant wouldno forfeit placement on the list. Council adopted the following Resolution: RESOLUTION NO. 6144, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR JOINT TESTING OF FIREFIGHTER APPLICANTS WITH THE CITIES OF OCEANSIDE AND VISTA. ORDINANCES FOR ADOPTION: (77) 19. AB $16185 - Supplement #2 - MORATORIUM.ON CONVERSION OF APARTMENTS TO CONDOMINIUMS. See Page 2 hereof. I (99) 20. AB $16212 - AMENDMENTS TO SUBDIVISION REGULATIONS. I Council adopted the following Ordinance: 1) ORDINANCE NO. 9549, AMENDING TITLES 20 AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS THEREOF TO .REVISE THE REGULATIONS FOR THE SUBDIVISION OF LAND. PUBLIC HEARINGS : (99) 21. AB {I6224 - 18 UNIT CONDOMINIUM DEVELOPMENT CT 80-2/CP-48, APPLICANT: NOORT/STOJIC. The staff report was given by Mr. Bud Plender of the Planning Departmentwk6,with the aid of wall maps explained the location and design of the project, as originally submitted and as re-designed. Mayor Packard opened the public hearing at 6:39 P.M. and extended the invitation to speak. 1 , ': caLtrp 01 &dK:a)30#ur coUNc1: -7- April 15, 1980 ~~ ~~ e 8 Council recognized Ken Wiant , representing the applicant, 624 Grulla, Carlsbad, CA. In response to Council inquiry, Mr. Wiant described the project amenities, indicating a portion of the open space requirements were reflected in the balconies. Since no one else wished to speak, Mayor Packard closed the public hearing at 7:04 P.M. (99) ! Council discussion reflected concerns relative to nature and extent of the amenities provided for a project of this density. Mayor Packard expressed the opinion that approving projects at the maximum density would frustrate the population figures in Carlsbad. Further, he expressed the desire to have staff prepare a report regarding more specific standards for amenities in high density development. Councilwoman Casler expressed the opinion that many prospective homeowners may not desire to assume the financial responsibility of fees to maintain extensive amenities. Further, maximum density and reduced amenities would decrease the price. Therefore, Council should consider relaxing standards and changing lot size. Council directed the City Attorney to prepare necessary documents approving CT 80-2/CP-48, as per Planning Commission Resolution No. 1609. In response to Council request for a report re amenities to justify high density, the City Manager suggested Council schedule a joint meeting with the Planning Commission to discuss this and related issues. 22. AB {I6225 - 15 SINGLE FAMILY DETACHED HOUSING PROJECT CT 80-1/PUD-14, APPLICANT: ROMBOTIS . Mr. Plender of the Planning Department gave the staff report using transparencies illustrating location of'the project and wall maps depicting the project design. Mayor Packard opened the public hearing at 7:31 P.M. and extended the invitation to speak. Council recognized Jerry Rombotis, 325 Elm Avenue. , Carlsbad, CAY the owner/developer of the project. Mr. Rombotis expressed general concurrence with conditions, but requested clarification with regard to whether an 8 foot or 10 foot s5de yard set back was required for recreational vehicle parking. Councilman Anear responded that 10 feet was required, with applicant responding same could be provided if 5 feet would be allowed on opposite side yard. However, the configuration of some lots precluded this in-each instance. %ltp Qt CBFLH3HO -8- COUNCI - e 8 & 127 )ril 15 1980 Since no one else wished to speak, Mayor Packard closed the public hearing at 7:39 P.M. approving CT 80-1/PUD-14, as per Planning Commission Resolutions No. 1610 and No. 1613, with the change to Condition No. 3 of Planning Commission Resolution No. 1613 to reflect that ..for all lots where possible one 10 foot and one 5' foot side yard would be provided. The City Manager then inquired if Council was desirious that all developments of this type be subject to the same requirement. The Mayor acknowledged the matter should be included in the report addressing issues previously raised at this meeting under Item 21. (99) 23. AB $,6226 - 294 UNIT CONDOMINIUM - CT 79-271 CP-44/SP-33 (A), APPLI'CANT: BROADMOOR HOMES. Mr. Plender gave the staff report using wall maps to illustrate project location and its relation to existing companion projects. Additionally, he explained the open spaee/park areas which would be dedicated in connection with same. Additionally, Mr. Plender explained recommended change to Condition 23 of Planning Commission Resolution 1611 to read, "Land shall be dedicated to the City prior to the approval of the final map for Phase I, per agreements with the City." Also, the City Engineer had requested a change to Condition 12 to alleviate erosion problems. In response to Council concerns, the City Engineer explained the development had been designed in relation to Elm Avenue to insure against loss of' the road. Mayor Packard then opened the public hearing at 8:01 P.M. and extended the invitation to speak council recognized Nick Banche, 3464 Ridgecrest, Carlsbad, CA, representing the applicant. Mr. Banche gave a history of the ownership of the property. described the architecture design, recreation areas and other amenities. Mr. Unger additional1 expressed agreement with the suggestion to provide garages. . With regard to modification of Condition 12, Mr. Unger requested clarification of issuance of grading permits. .. VL1Q.J BL uac~~u~~ -9- COUNCI: AP Council recognized Arland Wiberg, Civil Engineer, 536 Agusta Drive, San Marcos, CA. Mr. Wiberg explained that in order to properly repair erosion damage, it would be necessary to grade due to the length of time since prior grading had been done. Council recognized Duane Bowen, 2290 Nob Hill carlsbad, CA. Mr. Bowen. distributed copies of a graph of the subject area, expressing concerns re erosion and explaining his proposed method for correction of same. In response to the City Engineer, who explained the rationale for the modified condition was to insure that slope erosion would be corrected prior to construction, Mr. Banche stated slope erosion would be corrected to the standards of the City Engineer within 180 days following issuance of grading permits. Since no one e2se wished to speak, May.0.r Packard closed the public hearing at 8: 36 P.M. Following brief discussion, Council directed the City Attorney to prepare the necessary documents approving CT 79-27/CP-44/SP-33(A), as per Planning Commission Resolu.tions No. 1611 and NO. 1614, with the changes to Condition No. 12, and Condition No. 23 of Resolution 1611, deletion of rolled curbs and inclusion of date of September 30, 1980 for completion of erosion correction work. RECESS : Mayor Packard announced a recess at 8:44 P.M. and Council reconvened at 9:02 P.M. (28) HOUSING AND REDEVELOPMENT COMMISSION: - Council adjourned to the Housing & Redevelopment Commission at 9:02 P.M. and reconvened at 9:03 P.M., with all members present. - DEPARTPENTAL AND CITY MANAGER REPORTS: Planning (85) 24. AB $16227 - AGREEMENT FOR PROVISION OF (45) CARRILLO RANCH ECONOMIC AND FISCAL ANALYSIS. The staff report on the matter was given by the City Manager. Council adopted the following Resolutions: RESOLUTION NO. 6151, APPROVING AN AND DAON. SOUTHWEST FOR THE PAYMENT OF CONSULTANT COSTS INCURRED FROM SERVICES INCLUDING THE PREPARATION OF AN ECONOMIC AND FISCAL ANALYSIS OF THE RANCHO CARRILLO MASTER PLAN REVISION. XGREEMENT BETWEEN THE CITY OF CARLSBAD wrp Ot UL#PLIsU#U - 10- COUNCI April 15, 1980 129 . .r .RESOLUTION NO. 6152, APPROVING AN Ayes xx: AGREEMENT BETWEEN THE CITY OF CARZSBAD AND THE NEWPORT ECONOMICS GROUP FOR CONSULTING SERVICES. INVOLVING THE PREPARATION OF AN ECONOMIC AND FISCAL ANALYSIS FOR THE RANCHO CARRILLO PIASTER PLAN REVIS I ON .. 0 - Parks & Recreation (105) 25. AB a6228 - ROBERTI'Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM ACT BLOCK GRANT. The City Manager gave the staff report. Council discussion reflected Alternate 2 as being the highest priority and most urgently 'in need of park and recreation programs. Council adopted the following Resolution: RESOLUTION NO. 6153, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER AND RECREATION PROGRAM, such funds to be used for Cadencia Park Equipment -- fencing, backstops, bleachers, soccer THE ROBERTI-Z'BERG URBAN OPEN SPACE City Manager (92) 26. AB {I6021 - Supplement #2 - BATIQUITOS WASTE WATER RECLAMATION PLANT. The City Manager presented the report, referencing the written material and explaining the three staff recommendations. Following brief discussion, Counci1,directed 8 (92) 27. AB #6229 - LEUCADIA COUNTY WATER DISTRICT SATELLITE SEWER PLANT. , The staff report by the City Manager outlined the results of staff analysis of the proposed LCWD/City facility, together with staff recommendations. Council recognized George B. Law, 1601 Gastony Road, Leucadia, CA, President of LCWD, who requested Council consideration of approval of the factl'itywith joint administration. &r%p Dt &WT18838[0 -11- April 15, 1980 A Request to Speak having been filed, Council recognized Dick Schachet, 3106 Segovia Carlsbad, CA, who expressed the opinion any satellite plant should be located in an industri area since it was a factory and to prevent odor problems for residential areas. Councilwoman Casler queried the provisions in the JAC agreement re JAC approval of sewage ro ..going from one district to another. In response, the City Attorney expressed disagreement with the recent opinion of the JAC counsel which seems to indicate that an agree- ment between two entities re a joint system was within the purview of the Jbint Advisory Committee. Council briefly discussed concerns that any City Iocated- plant be..~.~.erated_s-olel~ by .the City: Based on the findings set forth .in the written .report dated April 9, 1980, Council did not find any significant advantages to the City in approving a joint project , however, Council agreed to consider the matter further provided that Leucadia County Water District: (a) filed a more detailed report in 30 days, addressing the issues outlined in. the Report; (b) set forth a schedule for accomplishing the project within the time table required by the Koll Company; and (c) agreed to a contractual:. arrangement whereby the City would operate the plant. (92) 28. AB $16230 - PALOMAR AIRPORT WASTE WATER RECLAMATION PROJECT. The City Manager gave the staff report, explaining the issues identified to be resolved by Council, as a result of analysis of the Koll proposal which was based on the report of Lowry & Associates. Council received the Palomar Airport Waste Water Reclamation Project for further study and directed staff to work with the developer to I t resolve issues of concern and report black to Council for further consideration. (77) 29. AB $16216 - Supplement #1 - AGREEMENT FOR (45) - THE PROVISION OF A GROWTH MANAGEMENT PROGRAM. I The City Manager gave a brief staff report. Council recognized Bob Ladwig of Rick Engineer- ing, 2606 Pi0 Pico, Carlsbad. ME. Ladwig indicated he had not seen a copy of the proposed contract and, as Chairman of the Chamber of Commerce Growth Management Committee, requested Council consideration of directing consultant's attention to (1) minimum level of services that City could accommodate and (2) take a look at minimum public facilities need to determine if public facilities fees are adequate. I COUNCI: -3 UtCp 01 rYarafJa3aa -12- COUNCI Apri.1 15, 1980 The City Manager provided Mr. Ladwig with a copy of the proposed contract and indicated he believed the concerns mentioned would be addressed. Council adopted the following Resolution: RESOLUTION NO. 6154, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SEDWAYJCOOKE, A CONSULTANT FOR THE CONSULTANT 'COSTS INCURRED FROM SERVICES INCLUDING THE PREPARATION OF AN ANALYSIS OF PUBLIC FACILITIES AND GROWTH MANAGEMENT PROGRAM. City Clerk \ 30. AB $16215 - RECOMMENDATION -FOR APPOINTPENT (go' TO SAN DIEGO COUNTY FLOOD CONTROL COMMISSION. With regard to the reorganization of Council, Mayor Packard suggested, and Council agreed, that this item be continued to May 6, 1980. CITY COUNCIL ADDITIONAL BUSINESS : (77) Mobilehome Park Ordinance Councilwoman Casler related concerns of the mobile homeowners with regard to the requirement of a Conditional Use Permit reflected in the mobilehome ordinance draft. Councilwoman Casler suggested the proposed ordinance be set aside and a committee be formed of members of the parks, Planning Commission and City Council to facilitate an ordinance which would have development standards . Council recognized Jack Swern, 7217 San Lucas, who expressed agreement with such suggestion. Council directed that a committee be appointed of members of the mobilehome parks, Planning Commission, Chamber of Commerce and City Council to make recommendations re an ordinance providing mobilehome zones and including standards . Palomar Airport Expansion Initiative Councilwoman Casler request.ed staff include on the May 6, 1980 Agenda an item dealing with the subject matter for a yes or no vote by Council as to placement of the matter on the November 1980 ballot. Beach Erosion Mayor Packard reported on his meeting with Oceanside Mayor, and indicated he was in the process of organizing a group to study the problem from a north county perspective. I .. . '. cttp Ot uLBri0Uao -13- COUNCII Coast Regional Commission Mayor Packard announced his intention to nominate Councilwoman Casler as the representative to this Commission. League of California Cities Mayor Packard announced his intention to recommend Councilwoman Kulchin as the representative to the League's Leisure Services Policy Committee. ADJOURNMENT : By proper motion, Council adjourned at 11:15 P.M. to Tuesday, April 22, 1980 at 7:OO P.M. in the City Council Chambers. Respectfully submitted, CITY CLERK Anita Dack Murphy, Recording Secretary ..