HomeMy WebLinkAbout1980-09-16; City Council; Minutes,I' citt, of CwrlP;baD
COUNCIL Minutes of: CARLSBAD. CITY COUNCIL (Regular Meeting) Date of lteeting: September 16, 1980 Time of Meeting; 6:OO P.M. Place of Meeting; City Council Chambers
CALL TO ORDER was made by Xayor Packard at 6:03
ROLL CALL was taken by the City Clerk:
INVOCATION was given by Mayor Packard.
PLEDGE OF ALLEGIANCE was led by Frank Mannen, Assistant City Manager - Administration.
Minutes of the Work Study Session, held September 9, 1980, were approved as presented.
CONSENT CALENDAR.:
Council Member- Anear requested that Item No. .3 be removed from the Consent Calendar.
Council affirmed the action of the Consent ' Calendar, with the exception of Item No. 3,
as follows :
WAIVER OF ORDINANCE TEXT READING.
Council waived the reading of the text of all
ordinances, and reaolutions before Council at .this meeting.
AB a6359 - RATIFICATION OF DEMANDS.
.ITEM REPZOVED FROM THE CONSENT CALENDAR:
AB a6349 - Supplement #l - TENTATIVE MAP
AND CONDOMINIUM PERMIT CT 80-19/CP-100 APPLICANT
Council Member Anear indicated he had requested
this item removed from the Consent Calendar to
refer it back to staff for a further review and report. Council Member Anear indicated he had personally viewed the project site and expressed the opinion that the R-3 zone density of this development would generate sufficient traffic . to make widening of Maple Street necessary.
In response to inquiry, the City Manager indicat ed staff's recommendation was that Maple Street
. be widened in accordance with the provisions of
the General Plan for 60' wide streets. However,
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A motion was made and seconded to refer this
Noes lack of majority. Ayes matter back to staff. The motion failed for Motion
Council adopted the following Resolution: Motion
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Ayes xx Noes . RESOLUTION NO. 6249, APPROVING WITH x CONDITIONS TENTATIVE MAP (CT 80-19) FOR A 9-UNIT CONDOMINIUM PROJECT
AND APPROVING CONDOMINIUM PERMIT
APPROXIMATELY . .38 ACRES, GENERALLY
LOCATED'ON THE SOUTHWEST CORNER OF GARFIELD STREET AND MAPLE AVENUE.
' (CP-100) FOR SAID PROJECT ON
ORDINANCES FOR INTRODUCTION:
THE KOLL COMPANY.
ORDINANCE NO. 9561, APPROVING A , .
INDUSTRIAL AND RESEARCH PARK ON
APPROXIMATELY 558 ACRES TO BE
KNOWN AS CARLSBAD RESEARCH CENTER
SPECIFIC PLAN (SP-180) FOR AN
For the record, Council Member Lewis indicated
his opposing vote,related to concern that
College be extended concurrent with the first
ORDINANCE NO. 9562, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING THE ZONING YAP TO GRANT
A CHANGE OF ZONE (ZC-213) FROY L-C (LIMITED CONTROL) TO CT-Q (COMMERCIAL TOURIST WITH A Q OVERLAY) ON -PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PALOMAR AIRPORT ROAD AND
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I I ORDINANCES FOR ADOPTION: I (47) 6-
AB #6301 - Supplement' 81 .- ESTABLISHING
DRAINAGE FEES.
Council adopted the following Ordinance:
I ORDINANCE NO. 9560 , AMENDING TITLE,
20 OF THE CARLSBAD XUNICIPAL CODE BY THE ADDITION OF CHAPTER 20.09 FOR DRAINAGE- FEES. I (88) 7. AB $16355 - COUNTY CODE OF REGULATORY
. ORDINANCES RELATING TO FOOD' ESTABLISHMENT PERMIT FEES. I. Council adopted the following Ordinance:
OIPDINmCE NO. "5057 , AmNDING TITLE
6, CHAPTER 6.02, SECTION 6.02.010
OF THE CARLSBAD MUNICIPAL CODE BY
THE AXENDMENT OF SUBSECTION (C) TO REVISE THE ANNUAL INSPECTION FEES FOR FOOD ESTABLISHPENTS .
1 PUBLIC HEARINGS : 1 (99) 8. AB 86367 - TENTATIVE MAP AND CONDOMINIUM PERMIT CT 8 0 - 2 6 / CP - 10 7', ' APPLKANT : KRIKORIAN .
., The staff report was presented by the Planning Director, essentially as contained in the Statement of the Matter. Mr. Hagaman also indicated as a result of subsequent review, staff was recommending 4 additional conditions as set forth in his September 16, 1980 Memo. With the aid of wall map exhibits, Mr. Hagaman explained the.relation of the conditions to the location and design of the project.
Mayor Packard opened the public hearing at 6:21 P.M. and extended the invitation to speak.
Council recognized George Krikorian, 4705 Marin Drive, Carlsbad, who expressed concurrence with staff recomendations .
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The Council then recognized Arthur Shippee, residing adjacent to the proposed project at 2630 Pirineos Way. Mr. Shippee expressed concern that the design, of the circulation
noise.
I streets would result in disturbing traffic I
Since no one else wished to speak, Mayor Packard closed the public hearing at 6:24 I. P.M.
Council discussion reflected concurrence with the recommendation of and rationale for the additional conditions. In response to inquiry
' the Planning Director indicated the project was within the required setbacks and was buffered by landscaping.
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contained in the September 16, 1980 Memorandum from the Planning Director.
AB $16368 - CT 77-5(A)/CP-98, APPLICANT: PELICAN PROPERTIES.
Mayor Packard referenced the September 9, 1980 letter from the applicant requesting this item be withdrawn from the Agenda.
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HOUSING & REDEVELOPmNT COMMISSION:
The Council adjourned to the Housing and
Redevelopment Commission at 6:32 P.M.
Council reconvened at 6:36 P.M. with all
Council Members present.
DEPARTMENTAL & CITY MANAGER REPORTS:
Engineering
(99) 10. AB $/3671 - Supplement #3 - RELEASE OF -SUBDIVISION IMPROVEMENT BOND'S FOR CT '7'6-4 - ALTA MIRA UNIT 4.
In response to Council inquiry, Mr. Evans stated there were no staff concerns or citizen complaints as to the public improvements .covered by the subject bonds. Further, the City has no jurisdiction with regard to private streets.
Council recognized Virgil Luke, 6725 Oleander ,
President of Altamira No. 4 Homeowners' Assoc.
Mr. Luke explained a number of concerns with regard to the constructLon of the homes and sidewalks indicating, however, there was no
objection to the release of the bonds which covered the public streets.
Council accepted the public improvements and directed the Utilities/Maintenance Department to commence maintenance of the public streets.
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(97) 11. AB $16364 - APPEAL OF. CITY ENGINEER'S DECISION.
The staff report was presented by the City Engineer.
Council recognized Alton Ruden, 2733 Xesa Drive, Oceanside, who indfcated he was a civil engineer representing the appellant ,' George Watson. Mr.
.. Ruden. addressed the Council essentially as set
forth in the August 28, 1980 letter to Council
from Mr. Watson, adding that the requirement for
dedication necessarily required grading back the
slope. This extensive grading would result in a1
extremely steep and cramped driveway to the .
newly-created lot.
In response to Council inquiry, the City Engineer indicated the applicant had not previously explained his concerns with grading, Therefore, the matter had not been considered from that perspective.
Council discussed the pros and cons of any
future widening of Highland, acknowledging the
existing resi'dential atmosphere of the street.
Council granted the appeal of the City Engineer's decision and directed .that the. five ,. foot dedication not be required.
. . Utilities & Maintenance
(55) 12. AB $16360 - WASTE CDLLECTIDN AGREEMENT,
(45) .. The staff report was presented by the City Manager explaining the contractor had requested a waiver of the 2% fee for one year in that he would not be requesting a rate increase until
September, 1981. The contractor would continue to pay the City the $120 per month token payment for including his trash billing in the City's water and sewer billing. In that the'$120 did not offset the actual cost to the City, Mr. Aleshire recommended that prior to granting any rate increase, the matter of the 2% fee and combined billing operation be evaluated in terms
of actual cost to the City.
Council discussed the yaiver, acknowledging that the contractor had been requested to defer any rate increase until next year. Council Member
Anear expressed the opinion the fee should not
, be waived in that the $120 monthly fee did not
, reimburse the City.
Council adopted the following Resolutions: I
RESOLUTION NO. 6302, REVISING THE
OF . CARLSBAD . . REFUSE COLLECTION RATES FOR THE CITY I RESOLUTION NO. 6303, APPROVING AN AGREE- FOR THE REMOVAL OF SOLID WASTE. with I the change allowing for a waiver of the 2% fee until September, 1981. I L
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Motion
Ayes xx Noes
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Motion
Ayes X Noes xx
Ayes X Noes xx
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Parks G Recreation
(69) 13. AB a6361 - GENERAL PIAN PARKS' & RECREATION ELEMENT-CITIZENS' COMMITTEE.
The City Manager indicated the Parks ti Recreatio ,
Commission had volunteered to serve in lieu of an additional committee.
of General Plan Parks G Recreation Element Committee.
It was noted that any item not listed on an Agenda would still require the unanimous consent of Council prior to being included therein.
Council introduced the following Ordinance:
ORDINANCE NO. 1233, AMEND1N.G TITLE l,.CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE' BY THE AMENDMENT OF
CEDURE FOR PREPARATION OF AGENDAS
FOR ADJOURNED MEETINGS OF THE CITY
SECTION 1.20.060 TO PROVI-DE A PRO-
as alternate voting delegate to the League of
.California Cities ' Annual Conference.
Central Services
(76) 16. AB {I6363 - APPOINTMENT TO PLANNING
COMFIISSION.
A Request to Speak havipg been filed, Council
recognized Jeff Crisman, 3485 Valley Street,
Carlsbad. Mr. Crisman indicated he has previous
ly made known to Council his desire to serve
on the Planning Commission. He expressed the
opinion that the individual appointed possess . leadership abilities and assume the chairmanship Mr. Crisman then suggested that Stephen
L'Heureux receive the appointment.
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Council Member Lewis nominated HAROLD NOYES.
Council Member Kulchin nominated STEPHEN L'HEUREUX. ' (nomination was later withdrawn)
Mayor Packard nominated STEPHEN L'HEUREUX.
(nomination was later withdrawn)
Council Member Casler indicqted the individual she intended to nominate was unable to accept.
Council Member Anear nominated STEPHEN L I HEUREUX .
It was noted that Mr. L'Heureux currently serves as a member of the Library Board of Trustees.
Council Member Kulchin withdrew the nomination of Mr. L'Heureux and nominated SILAS BASS.
Mayor Packard withdrew the nomination of Mr. L'Heureux and nominated JEFF CRISMAN,
Mayor Packard requested the City Clerk to furnish Council with the names and addresses of all nominees and indicated Council would consider the matter at the next regular meeting.
City Coun-cil
(75) .17. PET:ITION FROM LAKESH-ORE GARDENS.
The City Manager indicated a Petition had been received, dated September 7, 1980, with the
indication that additional signatures would be
Mayor Packard then articulated concerns expresse
during his meetings with the park owners and home owners relative to the rent structure of mobile home parks and the home owners' reqpest for rent relief.
With regard to the Petition request for a
moratorium on rents in mobilehome parks, the City Attorney explained the basis for city rent
control establishes that certain circumstances
must exist and certain facts'must be found to
support action of a City in rent con.trol.
A Request to Speak having been filed, the
Council recognized Joe Bastone. Mr. Bastone
presented the additional signatures to the
Petition and stated the petitioners did not .
desire a rent freeze or rent control. The
Commission be established. In support, Mr.
Bastone outlined the history of rent increases
with regard to Lakeshore Gardens, the residence
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. Petitioners desired tliat a Fair Practices
. of the petitioners.
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Mr. Bastone additionally presented Council with
a copy of the ordinance adoDted by the City of Oceanside which established-a Mobile Home Fair Practices Commission. Also presented was a list 05 changes to the Oceanside ordinance whfch, if
incorporated and adopted by Carlsbad, would fulfill the request of the petitioners as regard a commission in Carlsbad.
,Mr. Bastone additionally read and presented a let-ter from Carl Neiswender; dated September 16, 1980,covering the signatures to' the Petitfon
from the residents of the Rancho.Carlsbad Mobile Home Park.
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Council discussion reflected their desire to pursue all a.lternative methods to resolve the concerns outside of City legislation. In this regard, Mayor Packard suggested he continue his meetings with the park owners and managers and'
residents in an attempt to arrive at a mutually
amicable solution.
Council then recognized Richard E. Roberts, 7263 San Luis, Carlsbad, who expressed agreement with Council discussion. Mr. Roberts expressed the opinion that he and the homeowners as a
whole would benefit from thls type of action.
Council directed the City support' the efforts to reach an agreement between the owners and residents for .a period of 30 days. Concurrently staff is to research the matter of a moratorium. In the event no agreement is reached within thirty days, Council directed staff to present the necessary documents to impose a moratorium and form a committee to study the matter.
RECESS: ~-
Mayor Packard announced a recess at 8:25 P.M. I Council reconvened at 8:44 P.Y. with all
Members present.
(.28) 18. APPOINTMENT' TO POLITICAL ACTION COMMITTEE. c In accordance with Mayor Packard's prior request, the following nominations were made.
Council Member Casler nbminated ANTHONY J. SKOTNICKI.
I. council Member Kulchin nominated BARBAM MARTIN. I * Council Member Lewis indicated he had no
nomination, as did Council Member Anear and
Mayor Packard.
Council Member Kulchin then suggested that Thelma Hayes also be considered -for appointment, and indicated the Audubon Society should be requested to make a nomination.
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Council Member Casler indicated that Shirley
Truitt of the League of Women Voters be considered. Mrs. Truitt also was a member of the Board Elect of the Audubon Soc'iety,
In discussion of appoinments to the committee,
it was noted that Mayor Packard would contact Oceanside with regard to the number of citizens appointed to this committee and the appointments would then be made.
19. APPOINTMENT OF AGRICULTURAL COMMITTEE.
The City Manager explained the matter, noting the list of prospective appointees was derived. by staff from various sources. Nr. Aleshire
additionally suggest.ed that Council consider
extending an invitation to the Farm Bureau to . participate' on the committee.
Council considered the names proDosed by staff as potential members of the Agri'cultural Advisory Committee. Additionally, the names of David Thompson and Raul Tarango were included by Council Members Kulchin and Lewis, respective
Council discussed the list in terms of the desirability of appointees being residents of
the City. In that Dr. Gordon Kubota neither resided in the City nor owned any Carlsbad property,,, it was the cons.ensus of Council that his name be removed from considerations.
Following further discussion,. it was -the consensus of Council .that staff. contact those persons with regard to their willingness to serve on this committee.
20. PRELIMINARY CIP BUDGET INFORMATION.
The City Manager distributed Dreliminary work papers on the Capital Improvement Program, together with a map illustrating the location of the proposed projects.
Mr. Aleshire indicated further that the first of the public hearings was scheduled for September 17, 1980. The proposed program and associated map was being made available t.o the public. The matter would be forwarded to Council, together with the comments of citizen input during the public input process, sometime in October. .
. City Attornev/Citv Engineer
21. AB #6365 - REVISIONS TO TITLE 13 REGARDING SEWERS.
The City Engineer presented a statement of the matter referencing. prior Council action with respect to satellite plants and briefly outlining the changes.
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The City Attorney indicated the changes
reflected the current state of the sewer
system. Mr. BZondo further indicated that as the system expands and further changes, additional revisions will be necessary.
A request to speak having been filed, Council recognized A. J. Skotnicki, 3535 Bedford Circle, Carlsbad. Mr. Skotnicki requested .,clarification of Section 13.10.010 as to whether
a fee would be required for any permit authorizi
the alteration, remodeling or expansion of
city sewer system.
'The City Attorney responded that if the work authorized by the permit increased the demand on the system, there'would be a fee required for the permit.
Mr. Skotnicki then suggested that wording be added to Section 13.10.030 to define the term "capital improvement" by the use of example
. a structure with an existing connection to the
The Council then recognized Roy Ward, 1207
Elm Avenue, Lake Calavera Hills Associates.
Mr. Ward expressed the opinion that funds
collected within any district would only be
used to finance improvements in such district,
.The City Attorney r.esponded the intent .was that funds be used for capital improvements within the district, or for those improvements which
would benefit the district.
Council introduced the following Ordinance:
ORDINANCE NO. 7060, AMENDING TITLE 13, OF THE CARLSBAD MUNICIPAL CODE BY THE WNDMENT OF CHAPTERS 13.04 AND 13.08 AND BY THE ADDITION OF CHAPTER 13.10 TO REVISE THE GENERAL REGULATIONS, PROVISIONS FOR LINE COST PAYMENTS, AND SEWER CONNECTION AND CAPACITY PERMITS AND FEES FOR THE CITY'S SEWER SYSTEM.
CITY COUNCIL ADDITIONAL BUSINESS :
(1.99) Approval of Final Map "Carlsbad Tract 79-8, Applicant: Walton.
The City Manager explained approval of a final map was an administerial judgment that the final map conformed substantially to the
Engineer had indicated the final map meets all conditions and had the applicant requested placement of the item on this Agenda it would have appeared under the Consent Calendar as a routine item.
. tentative map. Mr. .Aleshire indicated the City
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Council recognized Dave. Sd.alton of Del Mar. Mr.
Walton explained the urgency of his request for
approval in advance of the next meeting was due to the fact that his 'construction loan was
scheduled to be funded on the following day.
Coundil directed this item added to this
Parks & Recreati'on Commission
Council Yember Lewis indicated the Commission
to development of Calavera Lake.
It was the consensus of Council that Council
Member Lewis respond to the Parks & Recreation
Commission that the development of. Calavera
Lake will be considered by the consultant retained to perform the Parks & Recreation
Element of the General Plan. Council policy on the development of Calavera Lake will be determined following completion of the consultant's report and recomendations,
Legislation/Replenishment of Beaches
restoration of their beaches. Yayor Packard indicated it was the also the City's under-
. standing that the funds granted to Oceanside not be used as part of any project to remedy erosion problems.
Mayor Packard explained the State Commission. would be meeting on Thursday, September 18, 1980 . and it was urgent that Council take an official
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'Mayor Packard referenced the September 15, 1980 Memorandums from the City Attorney and the Planning Department to the City Manager, which articulated concerns as to the Local Coastal Plan for the Mello Bill Properties. Additional1
a Resolution has been prepared to present concer to the State legislature. Mayor Packard noted that while the City may not approve or disapprov the plan, it is important that Council qpposi- :tion go on record.
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Council adopted the following Resolution:
RESOLUTION NO. 6396, URGING LEGIS-
LATURE TO PROVIDE BY STATUTE THAT.
THE LOCAL HOUSING ELEMENT. FULFILLS
THE MANDATE OF THE COASTAL ACT TO
PROVIDE LOW AND MODERATE INCOXE HOUSING OPPORT?JNITIES.
Council also approved the September 15, 1980
.Memorandums from the City Attorney and the Planning Department to the City Manager, as articulating the official policy of'the City with regard to the LCP for the Mello Bill Properties, and directed the Mayor to convey the same on Thursday, September 15, 1980.
ADJOURNMENT
By proper motion, Council adjourned at 10:'24
P.M. to Tuesday, September 23, 1980 at 7:OO
P.M. for a Work Study Meeting in the Council
Chambers, 1200 Elm Avenue, Carlsbad.
Respectfully submitted, w lfl-
ALETHA L. RAUTENKRANZ, /
City Clerk
Anita D . Murphy, Recording Secretary
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