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HomeMy WebLinkAbout1980-05-20; City Council; Minutes?&try U& wc+L9HYc.- ~ L '( COUNCII Neeting of: CARLSBAD CITY COUNCIL (Regular Meeting) Date of Neeting: May 20, 1980 Time of Meeting: 6:OO P.M. Place of Meeting: City Council Chambers CALL TO ORDER was made by Mayor Packard at 6:03 P.M. ROLL CALL was taken by the Deputy City Clerk; INVOCATION was led by Mayor Packard. PLEDGE OF ALLEGIANCE was led by Mayor Packard. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the Regular Meeting, held May 6, 19t?O, were approved as presented. Minutes of the Work Study Session, held May 13, 1980, were approved as presented. Mayor Packard at this time indicated his intention to handle agenda items regarding appointments at the beginning of the meeting, and removed the following items from order: DEPARTMENTAL AND CITY MANAGER REPORTS: (90) 28. AB $16215 - Supglement #l - SAN DIEGO COUNTY FLOOD CONTROL COMMISSION APPOINTPENT. Mayor Packard announced his intention to appoint Carl Neiswender to fill the term of David Dawes. (28 j 29. ,AB $16255 - PERSONNEL BOARD APPOINTNENT. Mayor Packard .indicated that no appointment would be made at this time. (1 03) 30. AB $16256 - TRAFFIC SAFETY COMMISSION APPOINTMENT. Mayor Packard indicated that no appointment would be made at this time. (63) 31. AB $16257 - LIBPARY BOARD OF TRUSTEES APPOINTMENT. Mayor Packard announced his intention to appoint Mrs. Seena Trigas to the Library Board of Trustees. (63) 32. AB $16258 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. Mayor Packard indicated that no appointment would be made at this time. CONSENT CALENDAR: Councilman Lewis requested that Item No. 3 be removed. .. &tip P%t ua~Bz+Uaw COUNC: &+e&r %sb WUCbMWWW COUNCIT -3- - a May 20, 1980 f 11. AB $13652 - Supplement 1/16 - HARDING STPdET 1049. I comm I Council approved the Change Order, adopted Resolution No. 6165, authorizing- the transfer of funds to the project account, accepting the work and directing the City Clerk to re- cord the Notice of Conpletion and release bonds 35 days after recordation. 12. AB $16114 - Supplement #2 - WATERLINE IMPROVEMENTS IN CYPRESS AVENUE, GARFIELD STREET, BEECH STREET, PAL22 AVENUE AND ALDER AVENUE EASEMENT - CONTRACT NO. 1070. Council accepted the work and directed the City Clerk to record the Notice of Completion and release the bonds 35 days after recordation. I 13. AB $16007 - Supplement #2 - PALOMAX AIWORT 1072. - ROAD AND PASEO DEL NORTE ROAD - CONTRACT NO. Council accepted the work including work under -Change Order, and directed the City Clerk to record the Notice of Completion and release bonds 35 days after recordation. 14. AB $16237 - Supplement 111 - SIX-UNIT FRIES. CONDOMINIUM - CT 79-20/CP-23 (A). APPLICANT: I Council adopted Resolution No. 6183, approving a tentative map and condominium permit for a six unit project located on the north side of La Costa Avenue, between Viejo Castilla and El Camino Real. (99) 15. AB $16236 - Supplement #1 - 17 UNIT CONDOMINIIM CT 79-26/CP-42 - APPLICANT: MORROW/GOODMAN. Council adopted Resolution No. 6184, approving a tentative map and condominium permit for a 17 unit project located on the east side of Romeria Street between La Costa Avenue and Gibraltar. 9: (74) 16. AB $15955 - Supplement $11 - AMENDING THE EXECUTIVE COMPENSATION PLAN. Council adopted Resolution No. 6185, amending Resolution No. 5855, by the amend- ment of the Executive ComDensation Plan for certain managemen.t peksonnel for the 1979-80 fiscal year. B 159 - ~. , . .. UiLY UL XbUb%MVWW - I) t May 2 0, - - COUNCI: -4- ITEMS REMOVED FROM THE CONSENT CALENDAR: 3. AB +I6247 - CHAMBER OF COMMERCE QUARTERLY REPORT. Councilman Lewis indicated that he had re- quested this item be removed from the Consent Calendar in order to inquire regarding the- funding for the advertisement of- special promotions. Don Brown, of the Chamber of Commerce, re- sponded to the inquiry and indicated that the Chamber did not receive any additional funding for the advertising of special pro- motions in the City. Council accepted the third quarter report for fiscal year 1979-80, and authorized payment of $8,988.75. 4. AB $16104 - Supplement #l - METRO TAXI REQUEST FOR INCREASED RATES AND TAXICABS. Mayor Packard indicated that he had requested this item removed from the Consent Calendar .. in order to inquire as to the difference in the rates charged by the three cab companies and the reason for the reauest for the-rate increase. for the rate increase. Council adopted the following Resolution: RESOLUTION NO. 6181, AMENDING RESOLUTION NO. 6022, ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO JAMES R. NORTHCUTT, ATION OF SEVEN (7) TAXICABS IN THE CITY OF CARLSBAD AND TO REVISE THE SCHEDULE OF FARES. DBA METRO TAXI, TO ALLOW THE OPER- 5. AB #6079 - Supplement #l - ADMINISTRATIVE CHARGES FOR HANDLING SCHOOL FEES. Mayor Packard indicated that a Request to Speak regarding this item had been received from Dr. Rodney Phillips of the San Dieguito Union High School District. Council recognized Dr. Phillips, who spoke regarding the district's concern about the question of the assumption of responsibility for defense of the legality'of the fees, their collection by the City, and for refunds. Dr. Phillips indicated that there was some gues- tion as to whether or not the district could enter into such an agreement, that the matter had been referred to staff for legal opinion, and that they were still waiting for response to the matter. &ILp UL UUtiPrd&AW COUNCI! - e t crisp Plb US&~~~~W COUNCII - I) 8 -6- May 20, 1980 I d I ORDINANCES FOR ADOPTION: t I (99) 17. AB $16226 - Supplement 111 - 294 UNIT' CONDOMINIUM - BROADMOOR. I 1 1 Council adopted the following ordinance: 1 ORDINANCE NO. 9550, AMENDING ORDINANCE NO. 9321, AND SPECIFIC CERTAIN PROPERTY INCLUDED WITHIN PLAN (SP-33) BY THE DELETION OF TENTATIVE MAP (CT 79-27) AND CONDOMINIUM PERMIT (CP-44) AND (SP-33 (A) ON PROPERTY GENERALLY ADOPTING AMENDED SPECIFIC PLAN LOCATED WEST OF EL CAMINO REAL AND ON THE NORTH AND SOUTH SIDES OF HOSP WAY. APPLICANT: BROADMOOR HOMES. PUBLIC HEARINGS : (1 13) 18. AB $16249 - DRIVE THRU BANKING FACILITY - SDP-77-1(C) - APPELLANT: LA JOLLA BANK & TRUST The staff report,was given by the Planning Director, using wall maps to illustrate the location and design of the project. He refer- enced Condition 1.5, of the Planning Commission Resolution No. 1627., and'emphasized the neces- sity of such condition to insure safe traffic cir.culation and decrease traffic congestion. Mayor Packard opened the public hearing at 6:37 P.M., and extended the invitation to speak. Council recognized Phil Markham, 7850 Mission Center Court, San Diego, the .architect for the project. He indicated the appellant's belief that the additional, or third lane would facilitate the banking process by keeping the lines shorter. Council then recognized L.J. Haak, the Vice- President and Cashier or La Jolla Bank & Trust, 1205 Prospect St., La Jolla, who concurred with the remarks of Mr. Markham and responded to questions from Council. Since no one else wished to speak, the public hearing was closed at 6 :47 P.M. Council discussed the fact that they were not desirous of increasing the traffic flow and congestion on El Camino Real by causing th0s.e exiting the bank to use it as their only access to the shonain,g center. Following discussion, Council accepted the staff recommendation, and directe.d the City Attorney to prepare documents denying the appeal of. SDP-77-1(C), as per Planning Commission Resolution No. 1627. BZt1l.y Uk UtaLITrUUW f COUNCII - -1- 19. AB $/6250 - COAST WASTE MANAGEMENT - APPEAL OF V-304 - APPELLANT: . COAST WASTE. The staff report was given by the Planning Director, including a brief history of the matter, and referencing wall exhibits, an illustration of the location of subject property and structures thereon. He referenced the staff report of April 23, 1980, and the reasons contained therein for staff's recommendation for denial of the appeal, as well as the Planning Commission denial of same. Mayor Packard opened the public hearing at 6:55 P.M., and extended the invitation to speak. Council recognized Morris Sims, of Coast Waste Management, the appellant, who spoke in support of the appeal and distributed to Council aerial photographs of subject Council recognized Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, the attorney repre- senting Elsa Canon, the owner of the ad- joining property, who had previously op- posed the expansion. He indicated that his client, at this time, wished to withdraw her opposition. Council then recognized Mr. Arie de , Jong, 622 E. Mission Rd., San Marcos, CA, the owner of Coast Waste Management, who spoke in support of the appeal. He then responded to ques- tions from Council. hearing was closed at 6:58 P.M. , Council discus.sed ensuring the temporary nature of the variance, if granted, by im- posing the same conditions required by the Conditional Use Permit. Following discussiop Council directed the City Attorney to prepare documents approving the appeal of V-304, subject to the inclusion 20. AB $16251 - ZONE CODE ANENDMENT ZCA-122 - APPLICANT: CITY OF CARLSBAD. The staff report was given by the Planning Director, explaining that this amendment would simply codify the City's authority to regulate the quality and distribution of reclaimed water withing the City, which is not, at this time, included in the Municipal Code. u&.y UL PLi/Qp.%;3U(.BU COUNCIL 20 Y - __. -8- Mayor Packard questioned the suggested change by the Planning Commission to Finding No. 1, and inquired if the wording "in the City limits' would also include land in the City's Sphere of Influence. Council indicated concern regarding regulating the quality and distribution of reclaimed water in the "donut holes", or county islands in the City. In response to Council inquiries and concerns re whether the amendment would apply also to areas in the City's Sphere of Influence and county islands in the City, the Attorney stated that this amendment would become a part of the City's zoning regulations, and would therefore, be applicable only to areas within the City limits, and if the area was in the City, regardless of the district, it would be regulated by the amendment. Mayor Packard opened the public hearing at 7:18 P.M., and extended the invitation to Council recognized Mr. Roy Ward, 1207 .I'D'' Elm Avenue, Carlsbad, of Lake Calavera Hills Asso- ciates. He spoke referencing his communication with the Regional Water Quality Control Board of San Diego- County re the Lake Calavera Hills application tcj allow the City to regulate and control the water reclaimed from its sewage treatment plant. He indicated.that in order for the Regional Water Quality Control Board to relinquish authority and control in this matter, the City must establish a com- prehensive plan for the regulation of satel- lite sewage treatment facilities and reclaimed water within its boundari.es. Council then recognized Mr. Jack Kubota, P. 0. Box 1095, Carlsbad, representing the Costa Real Municipal Water District, who expressed the opinion that the amendment is a zoning issue and would not conflict with state law regarding non-potable water. Since no one else wished to speak, the public hearing was closed at 7:25 P.M. Following brief discussion, Council intro- duced the following Ordinance: ORDINANCE NO. 9551, AMENDING TITLE 21, CHAPTER 21.36 OF THE CARLSBAD MUNICIPAL CODE BY THE APIENDMENT OF SECTION 21.36.050 TO PROVIDE FOR CERTAIN REGULATIONS FOR WATER RECLAMATION. " -L COUNCLT, May '20, 23. AB #6254 - ZONE CHANGE FROX R-1-15.,C)O TO R-1-7,500 - ZC-209 - APPLICANT: SMITH. The staff report was given by the Planning Director, including a brief history, and referencing transparancies, a description of the location and surrounding properties. speak. Council recognized Pfr. Brian Smith, 2656 State Street , Carlsbad, CA, representing the 'owners , Mr. & Mrs. Perkins. Mr. Smith indicated his clients' concurrence with the staff recommen- dation. In response to Council concerns, Mr. Smith indicated that he believed that his clients would also concur with a condition to.prevent anything other than a one-story structure. Council then recognized Er. Frank Walls, -4050 Sunnyhill , Carlsbad, CA, who sp.oke in opposition to the proposed zone change in that it would establish a precedent in the area .for smaller. lots .and that a two-story structure on subject property would restrict the views of the surrounding properties. Since no one else wished to speak, the public hearing was closed at 7:55 P.M. Following discussion, Councii accepted the staff recommendation, and directed the City Attorney to prepare documents approvlng . . ZC-209, per Planning Commiss.ion Resolution . . -. No. 1621, with the addition of a condition providing exclusively for single-story structure. .. -.. REDEVELOPMENT ADVISORY COMMITTEE - CONFLICT A brief staff report on this matter was given by the City Attorney, including a history of' same and reference to the three options contained in the Agenda Bill. Following brief discussion, .Council, by minute motion, approved the Conflict of Interest Code for the Carlsbad Housing and Redevelopment Advisory Committee, as pre- sented. HOUSING & REDEVELOPMENT COMMISSION: & Redevelopment Commission, and reconvened at 8:11 P.M., with all Council members present. L CQUNCII. ..Ma c -11- i 167 v 30: 1980 .. "_ . RECESS: Mayor Packard announced a recess at 8:12 P.M., Council reconvened at 8:26 P.M., with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Parks and Recreation (70). 25. AB #6133 - Supplement #2 - AGUA HEDIONDA . LAGOON PROGRAM. A staff report and history of the matter.was given by the City Manager, including a brief outline of staff's recornendations re same. The Parks & Recreation Director responded to questions from Council regarding the specific recommendations and the fiscal impacts of same. .Mayor Packard indicated that two.Requests to Speak had been filed regarding .. this matter. .. A Request to Speak having- been filed, -Council recognized Mr. Sam Wampler, 1365 W. Vista Way, Vista, CA, the attorney for the Lathrops, the operators of Snug Harbor. Regarding the question of who, in fact, would be operating Snug Harbor, Mr. Wampler informed the Council that a preliminary injuncti,m had been issued at a hearing on May 16, 1980, ensur.ing that the Lathrops would, in fact, be operating Snug Harbor through Septsdier 30, 1980. He therefore requested.that Council continue the matter 0.f the agreement with the marina'owner until a later date,. so as to give him the opportunity to review same and advise his clients. Mr. Wzmpler then responded to ques- tions from Council. A Request to Speak having been filed, Council recognized Mr. Jim Hern, 4513 Cove Dr., Carls- bad, CA, who indicated concern regarding the proposed week-end ban of sail-boats, adding that he could not recall ever having seen more than 3 or 4 on the lagoon at the same time, even during the busiest hours of the week-end. I ii Council recognized Lee Lathrop, the operator of Snug Harbor, who concurred with Mr. Hern's statements regarding the ban of sail-boats !s on the lagoon. A Request to Speak having been filed, Council recognized Mr. Natale De-Thomas, 2965 Roosevelt Street, Carlsbad, CA, rerpesenting the Bristol Cove Homeowners' Association, who expressed concurrence with the staff recommendations. I 4 I I 9 L. 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