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HomeMy WebLinkAbout1981-05-05; City Council; Minutesc. P 4 : L 'K I Is - . " . . .~- .... ...... - I \\ k CITY COUNCTL \ May 5, 1981 Page 2 COUNCIL d MEMBERS 7"---------- I 1 P6 1 [a51 [7O 1 [45 1 [991 .E9 71 1451 5. AB #6581 - TRAI?FTC SIGNAL AT EL CAMINO REAL AND LEVANTE. I 1 Council adopted the :Eollowing Resolution: RESOLUTTON NO. 6507, APPROVTNG AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DTEGO FOR THE CONSTRUCTTON AND MATNTENANCE OF A TRAFFIC STGNAL AT EL CAMTNO REAL AND LEVANTE STREET. 6. AB #6535 - Supplement #l - COUNTY ALLOCATTON OF $10,000.PARK-IN-LIEU FEES. Council authorized the expenditure of $10,000 from Park Area #4, to be reimbursed from the County; approved the specifications and authorized the Purchasing Officer to advertise for bids; *and adopted the following Resolution: RESOLUTTON NO. 6513, AUTHORTZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN DTEGO FOR THE CONSTRUCTTON OF RECREATIONAL EQUTPMENT AT HOLIDAY PARK AND APPROPRTATTNG FUNDS. 7. AB #5088 - Sup:plement #7 - FINAL MAP FOR CARLSBAD TRACT 77-2, UNIT #5 - BUEN.A~ ~ Council approved the final map of Carlsbad Tract 77-2, Unit #5, Buena Woods. 8. AB #6537 - Sup,plement #1 - SUBDWTNS TN PASEO DEL NORTE - CONTRACT #1090. - Council adopted the following Resolution: RESOLUTION NO. 6508, REJECTTNG BIDS AND XNVITTNG NEW BIDS FOR THE REPAPR OF PASEO DEL NORTE - CONTWCT 1090. ' 1971 9* AB #6582 - HEDTAN TSLAND TMPROVET.IENT ON EL CAMTNO REAL [451 AND HTGWAY 78 - CONTRACT NO. 1089. I Council adopted the following Resolution: RESOLUTXON NO. 6509, ACCEPTTNG BIDS AND AUTHORTZTNG THE EXECUTION OF CONTRACT NO. 1089 FOR CONSTRUCTTON OF MEDIAN TSLAND TMF'ROVEMENTS ON EL 'CAMTNO REAL AND HIGHWAY 78. ~501 12. AB #6585 - REFUND OF FEES. 1 Council approved payment of the requested refunds'of over- 6 payments. 1 [74] 13. AB #6586 - AMENDTNG THE MISCELLANEOUS CLASSXFTCATION RND SALRRY PLAN. 1 Council adopted the following Resolution: I RESOLUTION NO. 6512, AMENDING THE MTSCELLANEOUS CLASSTFICATTO AND SALARY PLAN OF THE CTTY TO TNCLUDE THE CLASSTFICATION OF RECEPTTONXST CP1SHTER.. I I [99 1 14. AB #6570 - Supplement #I - TENTATTVE TWCT m,p p$qD CONDOMTNIUM PERMTT -' CT 81-4/CP-150. (PACIFIC 8HORES.l L r Council adopted the following Resolution: RESOLUTION NO. 6514, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 81-4) FOR A 14-UNXT CONDOMTNTUM PROJECT AND APPROVTNG CONDOMINTUM PERMIT (CP-150) FOR SATD PROJECT GENERALLY LOCATED ON THE WEST SIDE OF JEFFERSON AVENUE. .I i "._ . . . - .- . - . . - . "_ . .. .. . / .+ ' CITY COUNCTL ' ,. . c. -, . ._ COUNCIL May 5, 1981 Page 3 MEMBERS ITEMS REMOVED FROM CONSENT CALENDAR: I 1701 4. AB #6580 - NAMrTNG OF RECRFATION CENTERS. I t Council Member Casler expressed concern over the suggestion to name the Old City HalljLibrary, located in Magee Park, "Heritage Recreation Hall." She stated her opinion that the name should include "Magee," and suggested Council consider a name such as "Mage,e Recreation Hall," or "Magee Park Recreation Hall. I' 1 David-Bradstreet, Director of Parks and Recreation, explaine that this was a suggestion from the Carlsbad Historical Society, and was onl:y a recommendation to Council. i Following brief discussion, Counci1,direeted the item-be returned to the Parks and Recreation Commission for further study. [74] 10. AB #6583 - AKZNDXNG THE MTSCELLANEOUS CLASSTFTCATION. AND SALARY PLAN. - Packard Casler Anear Kulchin Lewis Council Member Anear expressed concern over the justification for the position of Library Guard. He stated his opinion that for the same amount of money, the library could be redesigned so that the people using it would have to pass by the front desk in order to exit. He continued that the job description does not justify the particular salary. Council Member Lewis suggested, for Council consideration, that a high school. senior or college student could do the same job for less money. Following discussion, Council referred the matter back to Staff for further recommendation and report. ~971 11. AB #6584 - CONSULTANT AGREEMENT .FOR TAMARACK AVENUE [45] WIDENTNG. Council Member Casler requested more information on the matter, such as the width of the street, and future plans. t Les Evans, the City Engineer, reported that in 1977 Council approved an alignment study for Tamarack Avenue,,which would accomodate four lanes of traffic, bike lanes, but no parking on the street. Tn response to Council questions, the City Attorney stated that a completed design of the project would not commit Council to build to that design. He further indicated that the potential would exist for the City to acquire some of the right-of-way. I Counc'il adopted the following Resolution: RESOLUTTON NO.. 6511, APPROVING AN AGREEMENT BETWEEN THE CITY OF PLANS AND SPECTFICATTONS FOR THE DESXGN OF WIDENING TAMARACK AVENUE BETWEEN CARLSBAD BOULEWARD AND HTGHLAND RV3. OF CARLSBAD AND MOHE, PERRY AND ASSOCIATES FOR PREPARATFON I I Packard Casler Anear Kulchin Lewis Packard Casler Anear - Kulchin Lewis .. I I u ‘r k CITY COUNCIL \ May 5, 1981 COUNCIL “ I Page 4 MEMBERS I I ORDINANCES FOR INTRODUCTTON : 1 15. AB #6133 - Supplement #6 - BOAT INSURANCE REQUIREMENT 1701 FOR AGUA HEDIONDA LAGOON. i Council introduced t:he following Ordinance: Packard ORDINANCE NO. 3127, AMENDTNG TITLE,ll, CHAPTER 11.24 OF THE Anear CARLSBAD MUNTCIPAL CODE BY THE AMENDMENT OF SECTION ADD A HOLD HARMLESS AGREEMENT REQUIREMENT. 11.24.032 TO REMOVE THE $300,000 TNSURANCE REQUIREMENT AND Kulchin Casler Lewis [I131 16. AB #6569 - Supplement #1 - ZONE CHANGE AND APPEAL OF & CONDETTON OF APPROVAL OF A SITE DEVELOPMENT PLAN -. ZC-223/” SDP-80-13 - APPLTCAN’T: VALLAS. [I131 16. AB #6569 - Supplement #1 - ZONE CHANGE AND APPEAL OF & CONDETTON OF APPROVAL OF A SITE DEVELOPMENT PLAN -. ZC-223/” SDP-80-13 - APPLTCAN’T: VALLAS. 1 Council introduced t.he following Ordinance, and adopted the following Resolution.: ORDINANCE NO. 9589, AI$Z,NDTNG TITLE 21 OF THE CARLSBAD MUNTCIPAL CODE BY MENDING THE ZONING’MAP TO GRANT A CHANGE OF ZONE (ZC-223)‘ FROM L-C (LTMITED CONTROL) TO CT-Q (TOURTST THE SOUTHWEST CORNER. OF EL CAMTNO REAL AND PALOMAR AIRPORT ROAD. APPLTCANT: QALLAS. COMMERCIAL WTTH Q-OVERLAY) ON PROPERTY GENERALLY LOCATED ON Packard Casler Anear Kulchin Lewis RESOLUTION NO. 6515, APPROVING A SITE DEVELOPMENT PLAN FOR A MOTEL, RESTAURANT, OLYWTC GOLF COURSE, CLUB HOUSE, TENNIS COURTS AND RACQUETBALL COURTS ON PROPERTY. GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMTNO REAL.AND PALOMAR AIRPORT ROAD. APPLTCANT: VALLAS. (SDP 80-13). ORDINANCES FOR ADOPTION: - [11;3] 17. AB #6551 - Supplement #1 - ZONE CHANGE - JACK-TN-THE- BOX. - I Council adopted the following Ordinance: .I ORDTNANCE NO. 9587, AMENDTNG TITLE 21, OF THE CARLSBAD MUNTCIPAL CODE BY A’MENDING THE ZONTNG ,MAP TO GRANT A CHANGE 0 GENERALLY LOCATED ON THE EAST SIDE OF HARDING STREET BETWEEN ELM AVENUE AND OAK AVENUE. APPLICANT: JACK-TN-THE-BOX. ZONE (ZC-222) FROM C- 2 AND R-P TO C- 1-Q ON PROPERTY I [72] 18. AB #6572 - ANGLE PARKING ON GRAND AVENUE BETWEEN WASHINGTON AND CARLSBAD BOULEVARD. Council adopted the following Ordinance: ORDINANCE NO. 3126, AMENDING TITLE 20, CHAPTER k0.4Q OF THE CARLSBAD MUNTCIPAL CODE BY THE AMENDMENT OF SECTTON 10.40.080 t TO:I.ADD-.-A STREET WHERE ANGLE PARKTNG. .MAY BE PERMITTED. I [gg] 19. AB #6576 - AMENDMENT TO THE SUBDFVISTON ORDINANCE - CERTIFTCATE OF COMPLTANCE. I Council adopted the following Ordinance: E ORDINANCE NO. 9588, AMENDING TITLE 20, CHAPTER 20.48 OF THE CARLSBAD MUNTCTPAL CODE BY THE AMENDMENT OF SECTION 20.48.040 RELATTNG TO CERTIFTCATES OF COMPLIANCE. Packard Casler Anear Kulchin Lewis Packard Casler Anear Kulchin Lewis Packard Casler Anear KulchiA Lewis L L -... ~ -.-........-- .. . . . ... CTTY COUNCTL May 5, 1981 Page 5 - I I PUBLIC HEARTNGS: [43] 20. AB #6587 - APP.EAL OF PLANNTNG DENIAL OF CONDTTIONAZ USE PERMTT - CUP-195 - APPELLANT: HAWTHORNE. b The Planning Director gave the staff report, essentially as contained in the Statement of the Matter. Tn response to Council query, Mr. Hagaman read the permitted uses In the zone. Mayor Packard opened the public hearing at 6:48 P.M., and extended the invitation to speak. Council recognized Tom Hawthorne, 1250 Tdaho, Escondido; the applicant. Mr. Hawthorne gave a slide presentation, to convey the facilities of the proposed project, and provided Council with an information sheet for their review. During the slide presentation, Mr. Hawthorne gave some background on his business, and compared the existing facility with the proposed facility, along with the Escondido facility. He they plan to do with the Carlsbad site. He pointed out that this would be a light industrial rental yard, and they will only do maintenance on the site. . indicated that the Escondido site is a duplicate of what I e 1 \ COUNCIL MEMBERS \ e 1 1 . ~.. . . , .- . . .. .. . . . .. - - . - " -. . .. . ." \ -\ b CITY COUNCIL May 5, 1981 Page 6 -. 7 COUNCIL MEMBERS Mr. Mantle continued,-expressing the concerns of the residents of Alta Mira; re noise and equipment exposure. He concluded by requesting denial of the project, and suggesting that same be located on El Camino Real, or on the other side of Palomar Airport Road. Council recognized Bob Nelson, 6755 Montia Court, Carlsbad; who spoke in opposition to the project, and stated his opinion that he did not wish to-see M zoninq in the area. Mr. Nelson.expressed concern over traffic safety, stating a project such as .this would only complicate the traffic situation, and requested denial of the application. Council Member Lewis pointed out that the facility would be closed on Saturday and Sunday, and inquired of Mr. Nelson if he felt this would alleviate some of the traffic problem. Mr. Nelson responded that the peak traffic periods are during the week, and traffic is generally. lighter on the weekends. Council recognized Guy .Moore, 6503 El Camino .Real., Cazlsbad; speaking in behalf of Paul and Peggy Hadley, who are in opposition to the project. He added their opinion that the City should not allow .M zoning in the.area, .Mr. Moore indicated that he worked for the Department of Highways for 30 years, and spoke of the effects of damage from the heavy. equipment e He concluded by stating the Hadleys' are requesting that the entire area be rezoned to commercial, Council recognized Ruth Hayes, 826 Caminito Del Reposo, .Carlsbad; who .spoke in opposition to the project, and requested denial of same. Council again recognized Richard Mantle; who with the aid of a wall exhibit, reiterated his concerns that the equipment would be visible to those coming down Paseo Del Norte. I+e also pointed out that there is a sign which prohibits trucks . t north of Hadleys' , but not at Paseo Del .Norte. In response to Mr. Mantle's concern over the truck route, Bob Ladwig explained that if the appeal is granted, a condition should be placed on the CUP requiring the equipment come in from Palomar Airport Road, and this would direct traffic back to the interchange, Mr. Ladwig reiterated that this was a good use for the property, and is compatible to the area. Council Member Casler inquired if the wall could be re-, designed to take away some of the exposure of the.equipment. Mr. Hawthorne responded that they would give it every consideration; however, they need a commercial width driveway Council recognized A,ndrew -McReynolds, 2316 Calle Chiquita, La Jolla. Mr. McReynoEds stated his opinion that it would be more advantageous for the City to have commercial zoning along Paseo Del Norte. He concluded that the Hawthorne business is a desirable one for the City, and stated he is not opposing the prclposal. Council recognized Tom Chiconey, 6766 Caminito Del Prado, Carlsbad; who spoke in opposition of the project, and stated his opinion that same is an eye sore. 1 r ~ ~ 1 I I L' ". - . - -. . - . . , ._ . . .. CITY COUNCIL May 5, 1981 Page 7 I Since no one else wished to spes% on the matter, wayor Packard closed the pub1f;c hearing at 7:52 P.N. Following discussion, Council upheld the Planning-Corqn$ssiong! decision and denied (CUP-195, pursuant to Resolution No. 1773 and directed the Cicy Attorney to prepare the necessary documents denying CU:P-195, 1 RECESS Mayor Pa-ckard called a recess at 8:04 P."', and the Council reconvened at 8: 17 P.M. I with all ,members present, [43] 21. AB #6588 - APPEAL OF A PLANNPNG CONMTSSTON DENInL AMENDING A CONDTTTONAL USE PERMTT - CUP-42(H) - APPELLANT: CWER OF COMMERCE. I I The staff report was presented by the Planning Director, essentially as contained in the Statement of the Matter? Police Chief Jimno addressed concerns of the Police Depart- ment, such as the ability to handle a crowd-that size, He also referenced his ,memo to the Planning Director of April 8, 1981, on the matter. He explained that most of the policing is done by private security; however, they control the exterior perimeter and traffic problems, Chief,Jimno pointed out that his biggest concern is the ability to handle a hostile crowd of that size, should the situation arise. Mayor packard opened the public hearing and extended the invitation to speak. Council recognized Don Brown, Carlsbad Chamber of Cowerce. Mr. Brown pointed out that ABC will have people on-site, and they are very strict with regard to the sale of alcohol. He also pointed out that the Police Chief has 'the authority to close any event in violation of rules or conditions, and he would be requested to approve the sites where beer would be dispersed at the raceway. Nr. Brown concluded that this is an excellent opportuntty for. the Chamber to raise money, and indicated that the Chamber would provide the funding for the officers needed, and. also insurance liability, Council recognized Harold Clarke, 824 Caminito Del Reposo, Carlsbad; who spoke in favor of the request, in that it would provide additional hcome for the Chamber. Council recognized G;av$n Tripp of Mission Viejo; promoter of the event.. Mr. Tripp indicated that they have had no ' . problems in the last. ten years that the event has been held. He stated his ,opinion that people come primarily to watch the races, not to drink beer, and feels better control could be had over selling beer on-site, rather than allowing people to carry it in. Council recognized Jerry Farrow., 3920 Holly Brae Lane, Carlsbad; President of the Chamber of Commerce. Mr. Farrow suggested this would be the time to experiment, to see how things would work with a policy change; referring to Anaheim Stadium. Mr. Farrow concluded by urging approval of the CUP, stating that if it did not work out, it would not be done in future years. I 1 Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 8:53 P*M. I / \\ F < COUNCIL MEMBERS Packard Casler , &near Kulch,in Lewis e ~ I K* u #ji8j!& A* ..... .... /. ~. ..... - .. -. . .......... F .CITY COUNCTL \ May 5, 1981 COUNCIL MEMBERS Page 8 1 I Following discussion, Council upheld the Planning Commissions Kulchin documents denying CUP-42 (H) . Anear 1801, and directed t:he City Attorney to prepare the necessary Cas ler decision and denied ICUP-~~(H), pursuant to Resolution No. Packard Lewis I .. (011141 22. AB #6589 - ZON:E CODE AMENDMENT TO MODTFY PARKING SET-' 1 BAW REQUIREMENTS - ZCA-133 - APPLICANT: CITE OF CARLSBAD. ~ With the aid of the overhead projector to show the present Ordinance and the proposed zone code amendment, the staff I report was presented by the Planning Director. I I Mayor Packard opened the public hearing at 9:09 P.M., and extended the invitation to speak. Council recognized M.r.. Borden, 3921 Alder Avenue, Cgrlsbad; who indicated he sup:ported Staff on the matter. I I I Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 9:10 P.M. I Council Member Anear suggested for consideration some type of concrete wall as suggested by Staff. I 1 Council ' introduced t:he following ordinance : ORDINANCE NO. 9590, AMENDING TXTLE 21, CHAPTER 21.44 (USES GENERALLY)', SECTION 21.44.160 OF.THE CARLSBAD MUNTCTPAL CODE BY AMENDING SUBSECTTON 21.44.160 (6) , BY ,f?EDUCTNG THE SIDEYARD SETBACK OF UNCOVERED PkRKTNG AREAS. CTTY MANAGER AND DEPARTMENTAL REPORTS: City Manager 23. AB #6592 - PETITTON 'WGARDTNG 'VENDING TRUCKS NEAR [751 SCHOOLS, The City. Manager gavte a, brief report on the matter, indicatinc the item particularly dealt with Kelly School. Packard Casler Anear ~ Kulchin ~ Lewis I I Council recognized K.athleen Heritage, 4920 Neblina Drive, Carlsbad; who explained that they are requesting vendors be prohibited from selling within a four (4) block radius of the school, and up to an hour after school dismissal. She stated their concerns were not only with traffic safety, but also, nutritional value, as some of the students will save their lunch money to buy items from the .vendors after school. 1 Council recognized Jcohn Manes, 4962 Park Drive, Carlsbad; who explained that the prime concerns of all the parents is the safety of the children, and stated his opinion that the vendors are disobeying the City Ordinances. Council recognized Mrs. Shirley Manes, 4962 Park Drive', Carlsbad; a member of the Kelly Parents Association. Mrs. Manes explained that volunteer mothers have been selling non- profit snacks after school to discourage the children from buying from the vendors. Her main concern is to get the children to the crossing guard. r Kathleen Heritage then submitted a petition signed by parents of children at Kelly School to the City Clerk. _. ' c u 'rH .. .. .- .. . . - . -. -/4 . .. . . . . -. .. CTTY COUNCIL May 5, 1981 COUNCIL u Page 9 MEMBERS Council recognized Don LeMay, Principal of Kelly School. Mr. LeMay substantiated the feelings of the parents, and stated his concerns were with the children hopping fences and darting across the street to get 60 the vendors. Following discussion,, Council directed the City Attorney to Packard prepare documents approving additional restrictions on Cas ler 6. I vending trucks near schools. Planning Anear Kulchin Lewis ,I [25] 24. AB. #6590 - DEANNEXATTON OF CERTAIN PROPERTY FROM CARLSBAD TO VTSTA. - The Planning Director gave the staff report, essentially as contained in the Statement of the Matter. Council adopted the following Resolution: RESOLUTTON NO, 6516, DECLARTNG THE TNTENT NOT TO OPPOSE ANNEXATTON OF CERTATN PROPERTY FROM CARLSBAD TO VTSTA LOCATED ON THE EAST PERWETER OF THE CTTY, NORTH OF PBLOMAR ATWORT ROW. 3 Housing and Redevel0,pment [28] 25,. AB #6591 - RESTDENTTAL REHABrLTTqTION PROGRAM. Jack Henthorn, Director of Housing and Redevelopment, introduced the item. With the aid of a flip chart outlining the program, the staff report was continued by Chris Salomone. He explained the program as it is now, and indicated he has met with County representatives to discuss the current and proposed program. Council directed staff to request return of Carlsbad's Residential Rehabilitation funds, plus administration fees, from the County of San Diego for the purpose of conducting a locally administered rehabilitation program; with the addition of an 18 month trial period, and a report back to Council at the end of that period. 1431 20. Hawthorne Appeal Council Member Casler requested Staff investigate and give a recommendation on a change of zone on the rest of the industrial.land in the vicinity of.Paseo Del Norte, and that Staff stay informed when industrial businesses move from State Street, and at. such ti,me, investigate rezoning of that area " I EXECUTTm SESSTON Mayor packard called an Executive Session at 10:08 P.M. for. the purpose of discussing ,meet and confer items. Council reconvened at 11:OO P.M. Mayor Packard announced that meet and confer items had been discussed, and no action taken. ADJOURNWNT By proper motion, the meeting was adjourned at 11:OO P.M. Respectfully Submitted, ALETHA &.xhL?? L. RAUTENKRANZ, 4?,y City Clerk Ann R. Alleman, Minutes Clerk I 1 Packard Casler Anear Kulchin Lewis Packard Cas ler Anear Kulchin Lewis r