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Home My WebLink About1980-07-01; City Council; Minutes- urrr Ut WW9*bd9YWW t - a Q Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 1, 1980 Time of Meeting: 6:GO P.M, Place of Meeting: City Council Chambers CALL TO ORDER was made by Mayor Packard at 7:05 P.M. .. ROLL CALL was taken by the City Clerk: INVOCATION was led.by Mayor Packard. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. . MINUTES : Minutes of the Regular Meeting held June 17, 1980 were approved as presented. CONSENT CALENDAR: Mayor Packard indicated the City Manager had requested Item No. 4 be removed from the Consent Calendar. The following Items, with the exception of Item No: 4, 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. (50) 2. AB 86278 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified demands against the City in the amount of $885,338.45 for the period June 5, 1980 to June 20, 1980; and payroll demands in the amount of $126,694.10 for the period June 9, 1980 to June 22, 1980. (93) 3. AB $16279 - HOME PLANT SEWER PUMP STATION (45) UPGRADE CONTRACT NO. 1081. Council adopted Resolution No. 6218, approving plans and specifications and authorizing the City Clerk to invite bids for the' home plant sewer pump station upgrade - Contract 1081. (64) 5. AB #5071 - Supplement #6 - STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ANNUAL LEVY) Council adopted Resolution No. 6221 , providing for the annual levy of assessments for a street lighting district. (32) 6. AB #6280 - CONTRACT FOR BEACH' SERVICES (45) Council adopted Resolution No. 6222, approving a agreement between the City of Carlsbad and State of California Parks & Recreation Department to provide beach services and authorizing Mayor to execute said agreement. COUNCL: citp ad aark&adp Page 2 COUNCI: - I) (L J 'uly 1, 1980 . . .. ~ ~ ~~~ ~~ "" ~ "_~ ITEMS REMOVED FROM THE CONSENT CALENDAR: (99) 4. AB #6275 - Supplement #l - PLANNED INDUSTRIAL DEVELOPMERT - APPLICANT: SHAW/TALBOT BUDGE & DAVIS - CT 80-15/PUD-17. The City Manager indicated staff was recommendin the inclusion of an additional condition requir- ing a water line. Mr. Aleshire read the cond-itic Council, also adding his recommendation that same be added. Council adopted the following Resolutions: ., as contained in the copy .distributed to RESOLUTION NO. 6219, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 80-15) FOR A PLANNED INDUSTRIAL DEVELOPMENT ON APPROXIMATELY 50.2 ACRES GENERALLY LOCATED ON AVENIDA ENCINAS BETWEEN CANNON AND PALOMAR AIRPORT ROADS. Council adopted the following Resolution: RESOLUTION NO. 6220, APPROVING A FOR A PLANNED INDUSTRIAL DEVELOPMENT ON APPROXIMATELY 50.2 ACRES, GENERALLY LOCATED ON AVENIDA ENCINAS BETWEEN CANNON AND PALOMAR AIRPORT ROADS, with the addition of Condition 14 requiring the subdivider to construct a 10" water line from the end of the existing line, southerly of this project, north to a point of connection with an existing line in Cannon Road, prior to occupancy of any units in the subdivision. PLANNED UNIT DEVELOPMENT (PUD-17) ORDINANCES FOR ADOPTION: 7. AB +I6277 - ZCA-126 - LIFTING PLANNING MORATORIUM IN ENCINA SEWER SERVICE TERRITORY Council adopted the following Ordinance: ORDINANCE NO. 9556 AMENDING TITLE 21, CHAPTER 21.49 Ol? THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.49.025 TO LIFT THE MORATORIUM AND TO ALLOW THE PROCESSING OF DEVELOPMENTAL APPROVALS WITHIN THE ENCINA SEWER SERVICE TERRITORY. For the record, the City Attorney indicated the City Manager had advised that the re-rating of Encina has been approved by all member agencies. In that this action was required prior to the implementation of the amended section of the ordinance and same has occurred, the section is effectively immediately. Therefore, applications for discretionary approvals will be accepted commencing the following morning at 8:OO A.M. .. - """"V-LVAT. Page 3 July 1, 1980 . _" ,. _~~_~ 0 I Q (114) (74) (99) I ~ i I i i I ~ 1 I I I I I ,. . .. 1 8. AB $16264 - Supplement #l - ZCA-125. - ORDINANCE AMENDMENT TO CHANGE SIGN. REQUIREMENTS IN THE R-P ZONE. I Council adopted the following Ordinance: ORDINANCE NO. 9555, AMENDING TITLE 21, CHAPTER 21.41, SECTION 21.41.070 OF THE CARLSBAD M~JNICIPAL CODE BY THE AMENDMENT OF SUBSECTION (2) AND BY - THE ADDITION OF SUBSECTION (.9) TO . ALLOW AN INCREASE IN SIGN AREAS IN THE R-P ZONE. 9. AB 86267 - RECOMMENDED CLASSIFICATION PLAN AMENDI-mNT . Council adopted the following Ordinance: 1 ORDINANCE NO. 1231, AMENDING TITLE 2, CHAPTER 2.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.48.030(7) TO ADD ONE POSITION . TITLE TO THE MANAGEMENT LIST. PUBLIC HEARINGS ~~ 1 10. AB 86281 - 18 LOT TENTATIVE TRACT MAP AND PLANNED INDUSTRIAL DEVELOPmNT - CT 80-27/ PUD-19 - BIRTCHER PACIFIC. ' I 10. AB 86281 - 18 LOT TENTATIVE TRACT MAP AND PLANNED INDUSTRIAL DEVELOPmNT - CT 80-27/ PUD-19 - BIRTCHER PACIFIC. ' I The staff report was presented by the Planning Director, essentially as contained in the June 11, 1980 Staff Report to the Planning Commission. With the aid of transparencies and wall map exhibits depicting the location and design of the project, Mr. Hagaman explained interior traffic circulation pattern and access, described the -project amenities and responded to Coun.cil questions. Mayor Packard opened the public hearing at 6:14 P..M. and extended the invitation to speak. Council recognized Hank Worley, engineer, , who indicated he represented Bob Campbell of Birtcher Pacific, 7875 Convoy Court, San Diego, CAY Mr Worley spoke favorably of the project and responded to questions from Council. Since no one else wished to speak, Mayor Packard closed the public hearing at 6:17 P.M. Council directed the City Attorney to prepare the necessary documents approving CT 80-27/PUD- 20, as per Planning Commission Resolutions 1648 and 1649, including addition of condition as set forth under the staff recommendation. t ! PLLZCly vc auP9+.HYHY COUNCIl Page 4 July 1, .1980 (99) 11. AB $16282 - 5 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT - CT 80-7/CP-57 - SPEARE. 0 The staff report was presented by the Planning Director, .essentially as contained in the June 11, 1980 Staff Report to the Planning Commission With the aid of wall map exhibits, Mr. Hagaman described the project amenities and explained the design of the project and relation to surrounding area. Mayor Packard opened the public hearing at 6: 21 P.M. and extended the invitation to speak. Ther being no response, the public hearing was closed 1 Council directed the City Attorney to prepare the necessary document,s approving CT 80-7/CP-57, as per Planning Commission Resolution No. 1643. (99) 12. AB ${6283 - 300 UNIT TENTATIVE TRACT MAP 86-UNIT CONDOMINIUM PERMIT AND 214 UNIT PLANNED-UNIT DEVELOPMENT - CT 80-9/CP-60/PUD-20- APPLICANT: WOODWARD. The staff report was presented by the Planning Director essentially as contained in the June 11, 1980 Staff Report to the Planning Commission With the aid of color-coded wall map exhibits, Mr. Hagaman detailed the project design, recreational amenities featured for each categor of homes and explained the interior traffic circulation pattern and access relating to the public improvements associated with the various phases of development. Mayor Packard opened the public hearing at 6:37 P.M. and extended the invitation to speak. Council recognized the applicant, Scott Woodward 2725 Jefferson Street, Carlsbad, who expressed concurrence with the project conditions as proposed. $ Council recognized Pete Templeton of the Planning Center, Newport Beach who, on behalf of the applicant, offered a slide presentation, including views of the project site in its existing environment, illustrating its relation to existing development, and architectural drawings of similar projects for comparison purposes. Since no one else wished to speak, Mayor Packard closed the public hearing at 6:51 P.M. Council directed the City Attorney to prepare the necessary documents approving CT 80-9/CP 60/PUD-20, as per Planning Commission Resolution No. 1644, No. 1646 and No. 1655. -,'G " - - "" "" COUNCII Page 5 - 0 $ July 1, 1980 I (99) (57) : (85) I (71) ~ i i , I 1 (26) ! I (92) (70) (45) 13. CT 80-16/CP-74 - SANDY I In accordance with the July 1, 1980 Memorandum and recommendation, Council continued this item to the July 15, 1980 meeting. I 14. HOUSING ELEMENT AND EIR 80-1 1 In accordance with the June 24, 1980 Memorandum and staff recommendation, Council continued this matter to July 8, 1980. I 15. AB 86274 - HANDICAPPED PARKING 1 In accordance with the July 1, 1980 Memorandum and staff recommendation, Council removed this item from the Agenda and instructed staff to renotice at the appropriate time. I DEPARTMENTAL AND CITY MANAGER REPORTS Engineering 16. AB $14098 - Supplement #9 - BRISTOL COVE ASSESSMENT DISTRICT (ASSESSMENT. DISTRICT 79-1) The City Manager indicated the owner of the property, the subject of this matter, had executed the necessary documents granting the required easements; therefore, no further proceedings re condemnation were necessary. Council filed this item. .. 17. AB $16284 - SEWER CONSTRUCTION FINANCING The staff report was presented by Les Evans, City Engineer, who chronicled the problems in reconciling costs of Encina upgrading and expansion with available City revenues, and detailed the contents of his June 20, 1980 Memorandum. Following brief discussion, Council directed staff to prepare documents necessary to im- plement the recommendations contained on Page 5 of the June 20, 1980 Memorandum from the City Engineer. 18. AB $I6285 - AGUA HEDIONDA LAGOON MARINA OPERATOR'S AGREEMENT. The staff report was presented by the City Manager, who indicated one page of each agreement was distributed to Council for substitution in their-agenda material in that clarifying changes had been made. I citp of aasrs;b&a'b COUNCI Page 6 July 1, 1980 0 u ~ .~ ~~ ""~ ~ ~. ~~~ ~~~~~~~~ ~ ~ ~ Council expressed concerns re sufficiency of advance notice to the public of the requirements established by the recently-adopted ordinance governing aquatic uses and devices. In this regard, Council discussed the possibility of attempting to gain greater exposure to the publi by advertising the requirements in addition to the required publication of the ordinance. A Request to Speak having been filed, Council recognized Sam Wampler, 1365 West Vista Way, Vista, CA, who indicated he represented the current operators of Snug Harbor, Mr. and Mrs. Fred Lathrop. Mr. Wampler expressed. the op.inion the agreement proposed between the City and his clients did not clearly define the areas for which the Lathrops were responsible to clean and maintain, Further concerns related to the administration of the permit process in that not all users would gain access to the 1agoon.via the area under the Lathrops' control. In that the City had not established a formal procedure for issuing .permits, Xr. Wampler requested a continuance of the matter to the next regular meeting on July 15, 1980. Council then recognized Lee Lathrop, operator of the the Snug Harbor Marina. Mrs. Lathrop expressed concerns with the July 17, 1980 effective date of the ordinance in that no signs or buoys have -been put in to adequately mark the course, or advise people of the insurance and permit requirements. The Parks & Recreation Director responded all of the necessary materials have been ordered and will be in place prior to the effective date. In response to concerns re sufficiency of .advanc notice, Mr. Bradstreet'distributed to Council copies of the flyer which has been distributed for the past several weeks, explaining the flyer contains all of the information to be included in the signs. Additionally, Nr. Bradstreet indicated local newspapers have featured article re the new requirements. Following brief discussion, Council adopted the following Resolutions: , RESOLUTION NO. 6224, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MR. AND MRS. FRED LATHROP, MARINA OPERATORS AT SNUG HARBOR, REGARDING THE USE OF THE SURFACE WATERS OF AGUA HEDIONDA LAGGON AND THE PROVISION OF LAUNCHING FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. Citp af CarlSbaD COUNCI: Page 7 July 1, 1980 - I) $ - c .. . .~. . I (70) 18. AGUA HEDIONDA LAGOON AGREEMENTS (CONTINUED) (45) (.79) 19. RESOLUTION NO. 6225, APPROVING m AGREEPENT BETWEEN THE CITY OF CARLSBAD AND D. DALJIT SARKARIA, MARINA OWNERAT SNUG HARBOR, REGARDING THE USE OF THE SURFACE WATERS OF AGUA HEDIONDA LAGOON AND THE PROVISION OF LAUNCHING FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. ~ AB #6269 - RECREATION FACILITY POLICY. A staff report was presented by the City Manager. Council Member'Casler expressed the opinion that because the Harding Street Community Center buildings had been purchased with the ide in mind that a portion would be rented out for dinners, weddings and to private organizations it would be inappropriate to impose a no smoking policy when such events occurred. I C Council adopted a 'ho smoking" policy for City recreation. facilities and directed staff to prepare a City Council Policy Statement. I (93) 20. AB {I6286 - ISSUANCE OF SEWER- PERMITS FROM ENCINA RERATING. . ' The staff report was presented by the City Attorney indicating prior Council action and direction. In that approval of Encina re-rating has been made by all member agencies, the condition in the Resolution requiring this action before issuing permits has been satis- fied; therefore, the Resolution is effective upon adoption. I Following brief discussion, Council adopted the following Resolutidn: RESOLUTION rlo. 6226, AUTHORIZING THE ISSUANCE OF 1,800 EDU'S OF SEWER CAPACITY ON A FIRST COME, FIRST SERVED BASIS, SUBJECT TO CERTAIN CONDITIONS. (,B[) 21. AB #6287 - LEVANTE PARK BUILDING Council Member Casler requested this item be removed from the Agenda for further study. The City Manager explained there had been discussions re the use of the building, and subsequent suggestions had been made. I Council accepted the gift of the building in Levante Park and referred the matter back to staff for further report and recommendation regarding the use of such building. - COUNCIL Page 8 July a @ Citg 01 aaslGtsaP Page 9 July 1, 1980 . .- .I . . I I COUNCIL REPORTS (92) &% , Council .Member reported on discussions of the JAC budget, indicating same reflected a $25 per meeting per member compensation, rather than the $50 previously considered. Counci.1 Xember Casler further indicated the necessity of Council approval of Carlsbad's share of the . .' Encina Budget. . Pursuant to Council Procedure Ordinance, the Council-unanimously agreed to add the matter to this Agenda. Council accepted Carlsbad's shar'e of the 1980 1981,FY Encina Budget. CPO Mayor Packard indicated the County of San Diego had withdrawn from the Comprehensive Planning Organization. ~ With regard to Carlsba.d's increased population, Mayor Packard related CPO had adopted a Resolution increasing Carlsbad's vote from 1 to 2. Mayor Packard further reported a special committee had been formed to study the function of CPO and make recommendations to follow up on the Callahan committee. CITY COUNCIL ADDITIONAL BUSINESS Macario Canyon Park Mayor Packard reported on the meetings with SDG&E relating to City-facilities located in Macario Canyon Park, indicating SDG&E appeared to be cooperative with regard to City's desires to develop there. I Beach Erosion Council Member Anear informed Council that a $ report and recommendation would be forthcoming from the beach erosion committee. Information Item A - Beach Parking Council Member Anear requested clarification re parking restrictions discussed in the June 10, 1980 Memorandum from the City Engineer. With the aid of wall map exhibits, the City Engineer explained the parking situation in relation to the bike improvements to Carlsbad Boulevard, and possible sites for parking. Following Council discussion relative to parking restrictions along Carlsbad Boulevard in the vicinity of SDG&E, Council requested staff to prepare a further report addressing Council concerns re removing restrictions. COUNCI: , 6itp of CwslSbaB Page 10 COUNCI Council Member Casler related that the c0ncern.s of residents, as discussed on June 17, 1980, hav been fairly well resolved by the developer. CITY MANAGER ADDITIONAL BUSINESS He also suggested Council may wish to consider some form of compromise with the District and it was noted that the District Board would be meeting the following afternoon. In this regard Jack Kubota, representative of the District, Council adjourned at 8:50 P.M. for a recess, and reconvened at 8:55 P.M., with. all members EXECUTIVE SESSION: Council adjourned to an executive session at 8:55 P.M. for the purpose of discussing Council reconvened at 9:17 P.M. and the Mayor announced litigation had been discussed. ADJOURNMENT : By proper motion, Council adjourned at 9:18 P.M to Tuesday, July 8, 1980, at 7:OO P.M. in the Council Chambers, for a joint meeting with the Planning Commission. Respectfully submitted, CITY CLERK Anita D . Murphy, Recording Secretary