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HomeMy WebLinkAbout1980-09-02; City Council; Minutes0' aitt, Of QarlSbaU Meeting of: CITY C0UJCI.L (.Regular Meeting) Date of Meeting: September 2, 1980 Time of Meeti.ng: 6: 00 P.M. Place of Meeting: City Council Chambers 1 CALL TO ORDER was made by Mayor Packard at 6;OO P.M. 1 8 1 ROLL CALL was taken by the City Clerk: INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was led by ~~~~~il~~~~~b~~ .. Lewis. APPROVAL OF MINUTES: (Approved by one motion) Minutes. of the Regular Meeting, held August 19, 1980, were approved as presented. Minutes. of the Adjourned Regular Meeting, held August 26, 1980, were approved as presented. PRESENTATION: Mayor Packard read and presented a Resolution of Appreciation to retiring City employee, Joe Franco, in recognition of his 24 years of service to the City of Carlsbad. Mr. Franco expressed his thanks to the City and citizens of Carlsbad. CONSENT CALENDAR: Council Member Anear requested .that 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) 1A. AB a6357 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $1,421,704.06 for the period August 5, 1980 through August 26, 1980 and payroll demands in 'the amount of $135,310'.09 for the period August 4, 1980 I I . through August 17, 1980. (99) 2. AB $16346 - ACCEPTANCE OF DEED - BUENA b7OOD (81). & Council adopted Resolution No. 6289, accepting a Grant Deed from Genstar Development, Inc., for park purposes. I - COUNCIL ~~~ Citp Ot ULarrsuJao Page 2 COUNCIL - Po a (93) 3. AB #63'47 - STATE. .STREET STORM DRAIN. Council approved the final map of Carlsbad Tract (99) 8. AB #5088 - Supplement #4 - FINAL MAP CT 77- 2, UNIT NO. 2 BUENA WOODS. Council approved the final map of Carlsbad Tract 77-2, Unit No. 2, Buena Woods. Council adopted Resolution No. 6292, approving with conditions a 20-lot tentative subdivision map (CT 80-14) and a planned unit development permit (PUD-16) for 19 single family homes on approximately 4.85 acres generally located on the northwest corner of Park Drive and Hill- side Drive. APPLICANT: LATITUDE 33. Council adopted Resolution No. 6293, approving with conditions tentative subdivision map (CT 80-22) for a 7-unit condominium project . and approving condominium permit (CP-101) for said project on property generally located on the east side of Lincoln Street between Pine Avenue and FJalnut Avenue. Council adopted Resolution No. 6294, approving with conditions tentative subdivision map (CT 80-18) for 3 land lot and 2 airspace lot . divisions on property generally located on the west side of Harding Street between Avocado Lane and Camellia Street. Citp ot VLBT1531380 Page 3 COUNCIL September 2, 1980 I 1 i 8 (97) (45) (91) " 12. AB $16302 - Supplemen't $11 - 1980-'81 'STREET RESURFACING PROGRAM CONTRACT NO'.' 10.83. Council adopted Resolution No. 6298, . accepting bids and authorizing the. execution of contract 1083, for the 1980-81 street resurfacing program. c - ITEMS REMOVED FROM THE CONSENT CALENDAR: 4. AB $16079 - Supplement #z - REQUEST TO RE- VISE SCHOOL FEES FOR SAN DIEGUITO' HIGH SCHOOL DISTRICT. I I Council Member Anear indicated-he requested . this item removed from the Consent Calendar to express the opinion that since the District was not operating school on a year-around basis, not all meaqures to mitigate overcrowding have been utilized. Council response to Member Anear indicated the issue of year-around operation was a decision of the officials elected to administer the School District. Council adopted the following Resolution: RESOLUTION NO. 6291, AWNDING RESOLUTION NO. 5998. REVISIN'G.THE ' . AVOUNT OF FEES TO BE REQUIRED AS A CONDITION OF APPROVAL.FOR .?.ESIDENTIAL DEVELOPMENT WITHIN CERTAIN AREAS OF THE SAN 'DIEGUITO UNION HIGH SCHOOL DISTRICT. ORDINANCES FOR ADOPTION: (85) i3. AB $16338 - EIR ORDINANCE; Council adopted the following Ordimance: ORDINANCE NO. 9557, AMETXQING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD MUNICIPAL CODE TO REVISE ENVIROMNTAL PROTECTION PROCEDURES CONSISTENT WITH CEQA. (99) 14. AB $16341 - TENTATIVE NAP FILING PROCEDURE AMENDMENT. Council adopted the following Ordinance: I ORDINANCE NO. 9559, AMENDING TITLE 20, CHAPTERS 20.12 AND 20.24 OF THE CARLSBAD MUNICIPAL CODE BY THE 20.12.090, 20.24.030 AND 20.24.130 TO AMEND THE PROCEDURES AND REQUIREMENTS FOR FILING TENTATIVE MAPS FOR I&UOR 'AND MINOR SUBDIVISIONS. AMENDMENT OF SECTIONS 20.12.015, I I I I I QZitp ot ~~ar1suaa Page 4 COUNCIL - I ,. $ PUBLIC HEARINGS: (113) 15. AB $16348- - ZONE .CHANGE' ZC"'21.3, APPLICANT: ECKE (PEA SOUP ANDERSONS) . The staff report was presented by the Planning Director who, with the aid of exhibits, explained the nature of the matter and described the 1,ocation and configuration of the area ,. proposed, for zone change. was closed. Council, directed the City Attorney to prepare the necessary documents approving ZC-213, as per Planning Commission Resolution No. 1669. (99) 16. AB $,'6349 - TENTATIVE YL4P AND CONDOMINIUM PERMIT - CT 80-19/CP-'lOO. The Planning Director indicated the applicant had not yet arrived. Mayor Packard, with the consent of Council, indicated this matter'would be trailed until arrival of the applicant. (113) 17. AB $16337 - SPECIFIC PLAN FOR CARLSBAD PACIFIC BUSINESS PARK SP-180, APPLICANT: THE KOLL COMPANY. The Planning Director indicated the applicant had not yet arrived. Mayor Packard, with the consent of Council, indicated this matter would be trailed until DEPARTMENTAL AND CITY MANAGER REPORTS:. . (92) 18. AB $16350 - LAKE CALAVERA H.ILLS EFFLUENT DISPOSAL LINE - ALIGNMENT. The staff report was presented by the City Engineer who, with the aid of exhibits, explained the route of 'the proposed alignment, indicating it would allow the greatest . opportunity to accommodate effluent as well as reclaimed water distribution. Council recognized the- applicant, Roy FJard, . 1207 Elm Avenue, Carlsbad who explained his desire to have approval of the alignment prior to proceeding with the disposal line. aitp Ot ULar1rsuag COUNCIL Page 5 line as shown on Exhibit. "A't, attached to Agenda Bill 6350. The staff report was presented by the City Statement of the Matter, explaining the closing of the street in advance of permanently vacating Appian Way would remove the traffic hazard of such street. Council adopted the following Resolution: . Engineer-, essentially as contained in the RESOLUTION NO. 6295, CLOSING APPIAN WAY. * PUBLIC HEARINGS (COMPLETION OF) (113) 17. AB 86337 - SPECIFIC PLAN FOR.CAkLSBAD BUSINESS PARK .. SP-108,. APPLTCANT THE KOLL The staff report was presented by the Planning Director, as: contained in the Statement of the Charles Grimm of the Planning Department, color slides of existing industrial parks to compare desirable and undesirable uses of landscaping and parking. Mr. .Grim explained all issues, as stated in the August 8, 1980 Memorandum to .the City Xanager, have been resolved. With regard to the issue of extension of College Boulevard, Mr. Grim requested the City Engineer to discuss the alternative proposed to resolve the issue. ~ Les Evans explained the method devised to determine when extension of College Boulevard would actually be required: increased traffic on either El Camino Real or Palomar Airport Road by 5,000 vehicles per day, indicating if either event occurred, the applicant would be required to complete College Boulevard, extension. If either dTd not occur, then the extension would be required at the time of any tentative map for phases 2 through 5. In response to inquiry, Mr. Evans clarified a signalized intersection would reduce the . Road juncture, but not the congestion. The proposed development will have an impact on a number of intersections and streets in the . I continued with the staff report. presenting . danger at El Camino Real and Palomar Airport I cttp 01 ceLarlBuau Page 6 COUNCIL September 2, 1980 Po 8 Mayor Packard opened the public hearing at 6 :47 P .P4. and extended the invitation to speak. Council recognized Bernie Fipp, principal of the Koll Company, with offices in Carlsbad and San Diego. Xr. Fipp indicated his company had changed the name of the proposed project to "Carlsbad Research Center" for purposes of the marketable association with the Stanford .,(California) Research Center. .Mr. Fipp expressed concurrence with the resolution of the issue . of extending College Boulevard, as articulated by the City Engineer. In response to Council inquiry, Mr. Fipp indicated development of the project to the extent that the ultimate completion of College would be required would occur in approximately 3 years, at which. time, either the Koll Company would fund the completion, or would request an assessment district or reimburse- ment agreement. Council then recognized Mr. Jack Swern, 7217 San Lucas, Carlsbad, CA. Mr. Swern expressed concerns that development of this project would create employment for persons, but did not provide housing for the employees. Therefore, Mr. Swern requested consideration .of including a r.es.identia1 devqlopment as part of this proj ect. Council acknowledged the concerns indicating, however, that the proximity of the project to the airport as well as the designated zone would not permit a combination of residential and industrial/commercial development. Since no one else wished to speak, Mayor Packard closed the public hearing at 7:Ol P.M. Following discussion, Council directed the City Attorney to prepare. the necessary documents approving SP-180, as presented by staff. For the record, Council Member Lewis indicated he was in favor of the proposed project. His negative vote was predicated on concerns that College Boulevard extension be completed concurrent with the firsc phase of development. (99) 16. AB {I6349 - TENTATIVE MAP AND CONDOMINIUlQ PEWIT CT 80-19/CP-100 -' APPLICANT: ,GROSSE. The staff report was presented by the Planning statement of the matter. Nr. Hagaman utilized exhibits depicting the location and design of the project and explained as a result of the Variance, the location of the development within the project would be accordingly adjusted. . Director essentially as- contained in the I ' Planning Commission denial of the requested i I a ~ ~~~~ ~~ ~~ ~ ~~~ i Cltg of Cwrlsuau Page 7 - ? 1 COUNCIL Mr. Hagaman additionally referenced a color- coded map which illustrated the required 5 foot dedication for widening of Maple Street. In response to Council inquiry, the City 'Engineer Endicated the present width of Maple Street is 30 feet curb-to-curb. In response to further inquiry, Mr. Evans indicated without widening of Maple, then parkin .. must be prohibited on one side. Mayor Packard opened the public hearing at 7:14 . P.M. and extended the invitation to speak. Council recognized the applicant, Mrs. Russell Grosse, 5850 Sunnycreek Road, Carlsbad. Mrs. Grosse addressed the issue of the Maple. Street dedication indicating there were other multi- * residential. dwellings on Maple Street and in order to complete widening of Maple, those .units would have to dedicate a similar footage. In that the requested Variance had been denied, , the rear yard must be set back; dedication on Maple would require additional adjustment of the project and further reduce the rear yard. In response to concerns of Council Member Casler, Mrs. Grosse explatned her familiarity with the Torrey Pine trees as the existing residence on the property had been her prior home. Mrs. Grosse indicated the trees have -grown together and-due to the significant root structure sidewalk deterioration has occurred. Additionally, it would be difficult to save the trees due to proximity of construction of the project. Council responded that no widening of Garfield Street was proposed. There being no further desire to speak, the public hearing was closed at 7:28 P.M. Council discussion acknowledged staff recommendation for wideping of Maple Street, expressing concerns, however, that applications for development of existing single family residents to condominiums may involve several years and therefore the widening would not be accomplished until then. Acknowledging a request from the audience, Nayor Packard, with the consent of Countil, reopened the public hearing at 7:32 P.M. I .~ aitp of CarlfsbaO Page 3 COUNCIL September 2, 1980 286 The Council recognized Mrs. Helen Jordan., 3474 Carlsbad Boulevard, who inquired how many lots would be involved in this development. In response, Mrs. Grosse indicated there were three lots. P Mayor Packard again closed the public hearing at 7:33 P.M. Council questioned if the recommended widening would involve encroachment upon normal setbacks of existing development. The Planning Director explained the recommended. widening, if accomplished, would result in encroachment upon setbacks of existing multi- residential buildings, resulting in legal non- conforming setbacks. Older, single family residences, which may develop as muit-residential developments in the future, would be subject to the same setback requirements as those for this project. Council discussion reflected concern about creat- ing non-conforming setbacks for existing multi- residential developments should the entire street be widened. Also discussed was the matter.of whether the street needed to be widened.. . A motion was made and seconded to direct the . . City Attorney to prepare the necessary documents approving this matter, with the width of Maple Street to remain the same. (The motion was withdrawn following Council discussion). During Council. discussion and clarif icat5on. of passed as stated, it would result in conditions 21 and 22 of the Planning Commission Resolution being deleted. Council Member Lewis indicated that it was not his intention to delete both conditions and withdrew that portion of his motion relating to the width of Maple. He stated he wished to include in his motion a condition that would require the 5 feet of dedication on Naple Street to be available to the City if the City desired the same in the future, with the project to be constructed as if the 5 feet. dedication were non-exiszent. In response to the motion as clarified, the': Assistant City Attorney- indicated a Variance . would be required to approve construction of the project as proposed by the motion and a Variance . was not before Council at this time. If the 5 foot dedication was required, it would also require that the project be set back from Maple recognizing the existence of that 5 foot dedication. . the motion, it was noted that if the motion t P C 40 t ion j eeond A motion was then made to eliminate the require- Motion ment of the 5 foot dedication. The motion died for lack of any second. I Citp u€ VCarlsbab "". "". ___ Page 9 COUNCIL - ? B DEPARTMENTAL AND CITY MANAGER REPORTS (Cont . ) Engineer in): -WSTER DRAINAGE PLAN AND ESTABLISHMENT OF FEES. Engineer, noting the inclusion in the Plan of a modified plate exhibit reflecting 13 drainage districts. Mr. Evans indicated this would assist the Council in their determination that th recommended fees have been fairly apportioned in each area., based on the benefits received. (47) "20. AB $16301 - Supplement $11 - ADOPTION OF - . The staff -report was presented by the City only as the majority of the land was not yet developed and the facilities depicted in the plates may change in accordance with the actual development of the property. Council adopted the following Resolution: RESOLUTION NO. .6296, ADOPTING A MASTER DRAINAGE PLAN. Council introduced the following Ordinance: 0RDINANCE.NO. 9560, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 20.09 FOR DRAINAGE FEES. Mayor Packard announced a recess at 8:17 P.M. and Council reconvened at 8:35 P.M., with all Members present. (70) 21. AB #6351 - BIKE ROUTES. ~ The staff report was presented by the City Engineer who, with the aid of wall illustrations explained the areas which would be striped for 'bike lanes and the parking spaces which would be loslt as a result along Elm Avenue. , Council discussion reflected concern that acceptance of the funding for bike lanes would decrease parking spaces for City Ball and the Library and should not be accomplished until additional off-street parking is available. Council also expressed concern re reduction of parking spaces on the south side of Elm for the commercial offices located there. t Citp of QCarMbaD Page 10 COUNCIL September 2. 1980 I ~--- le 1 council declined, with regret, the funds available under the Bicycle Grant Program of the FHWA . P 1 anning (79) 22. AB $16290 - Supplement' #l '- PROPOSED INTERIM AGRICULTURAL POLICY. The staff report was presented by the Planning Director, as .contained in the August 14, 1980 ,Mem'orandum to the City Manager, Council Member Casler requested the policy be amended to include an additional assignment of the advisory committee to report on what the City can do to help agricultural property owners. Council approved the Proposed Interim Agricultural. Poli.cy, as amended, and directed the City Manager to prepare the same .in standard format as Council Policy No. 29. (104) 23. AB $16352 - PROPOSED BUS SHELTER PROGRAM The staff report was presented by the Planning Director who outlined the three issues involved, as contained in the Statement of the Matter, and referenced the exhibit shelter outside City Hall. The Council recognized Eileen Mackin, Market and Public Relations Representative of the North County Transit District, 303 Via Del Norte, Oceanside, CA. Ms. Mackin explained the District's proposal to install a total of 18 shelters in three phases at major and transfer stops to provide patrons with the amenity and convenience of shelter.. Council then recognized Mr. Bruce Williams, .President of the Convenience & Safety Corporation of Los Angeles. Mr. Williams commenced his presentation with slides of existing shelters which were selected to illustrate the similarities between existing locations and those proposed in Carlsbad. Mr. Williams also described the materials used in the shelter and explained the design. In response to Council inquiry, Nr. Williams indicated the shelters were maintained on a daily basis by a full service vehicle prepared to replace portions of the shelter, if necessary, as well as clean. With regard to the advertis- ing, the Council would always have the option. receive 10% of the gross advertising revenue received. In response to Council inquiry re advertising, Mr. Williams indicated any contract veto power to veto any advertising material which Council considered obj ectional. . of approving any display material and would . entered into would provide the City with a 288 4l Kotion Ayes Motion Ayes 1 I citp of (flarl$bab Page 11 COUNCIL September 2, 1980 1 ~ ~~~ ~ ~~~ Pa 1 I In response to Council conc.erns regarding the architectural appropriateness of the sh.elters in view of the rustic. character envisioned for the City’s redevelopment area and in view of the historical corridor proclaimed for’ El Camino Real, Mr. Williams indicated the design of the shelter and predominance of glass would mirror the effect of any area where situated and with minor modifications could incorporate the old-world/Spanish design desired by the City. I I ’“ A motidn was. made to rejec.t the proposal for bus shelters. The motion died for lack of any second. i .I I A motion was made to accept the proposal on a trial basis at a predetermined location for not more than six shelters with a review of the matter at the end of’ six months. Mr. Williams indicated the economics. of installing bus shelters would not permit the proposal to be accepted on a trial basis, or ‘for less than the proposed number o.f 18 shelters The motion maker, with the consent of the second withdrew the motion. Council continued consideration of this matter for one month in order to investigate the proposal further, including visitsto areas where the program is currently in operation, ..for the purpose of making their. decision. Police a I (-78) 24. AB #6353 - REQUEST FOR CHANGE IN CARD ROOM ORDINANCE. I The staff report was presented by the Chief of Police essentially as contained in the Statement of the matter. 1 ,I I The Council recognized Mr. Jack Button 4871 El .Camin0 Real, Carlsbad, who had requested the the economy, it was desirable to increase the betting limit in order for him to compete with cardrooms in neighboring communities. If the limit is not increased, it may ~ be necessary for him to go out of business. Council denied the request for an amendment to the Municipal Code to increase the betting limit for cardrooms. 1 change. Mr. Button indicated as a result of l(78) 25. ’ FIREARM. AB $,6354 - REQUEST FOR PERMIT TO DISCHARGE 1 The staff report was presented by the Chief of Police as contained in the Statement of the Nat ter . Council directed staff to issue a limited permit to Stuart E. Mork allowing discharge of firearms while dove hunting for the period September 3, 1980 and not exceed September 30, 1980. c 7 I i . 289 1 i P”Iotion Motion Second Motion Ayes Motion Ayes Motion Aye s I %it2 Of CarlGbaU Page 12 COUNCIL - P B ? City Attorney (sa> 26. AB a6355 - SAN DIEGO COUNTY CODE OF REGUM=’ ORDINANCES RELATING TO FQOD ESTABLISHMENT FEES. . Council introduced the following Ordinance: ORDINANCE NO. 5057, AMENDING TITLE 6, CHAPTER 6.02, SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION’ (C) TO REVISE THE ANNUAL INSPECTION FEES FOR FOOD ESTABLISHMENTS .’ (35) 27. AB 1,6356 - AMICUS PARTICIPATION IN CHULA VISTA LCP LITIGATION. The staff report was presented by the Assistant City Attorney, as contained in the Statement of the Matter. CITY COUNCIL REPORTS Regional Water Reclamation - making arrangements to have a TV camera and crew monitor the situation. Council Member Casler reported on the schedule of activities sponsored‘by the Library. . Mayor Packard indicated he would like to see . the City take the lead in developing into the . current planning process a method to provide bus service as part of new projects. Further, Citp 01 carumao COUNCIL Page 13 ” P I) CITY COUNCIL ADDITIONAL BUSINESS Lo.ca1 Coastal Program Mayor Packard reported on meetings wherein the coastal staff has suggested an exchange of property to satisfy commission requirements: 20 acres of park site for 20 acres of agricul- tural land along 1-5. .. Council discussed the exchange in view that the a school. It was the consensus of Council that the City Manager investigate the proposal further and report back to staff with maps and recommendatio and review by the Parks & Recreation. ADJOURNMENT. By proper motion, Council adjourned at 10:20 P.M. to Tuesday, September 9, 1980 at 7:OO P.M. in the City Council Chambers. Respectfully submitted, CITY CLERK Anita D. Murphy * Recording Secretary I I