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HomeMy WebLinkAbout1981-09-01; City Council; Minutes.> , <x MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 1, 1981 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: Council Chambers CALL TO ORDER The meeting was called to order by Mayor Packard at 6:Ol P.M. ROLL CALL was taken by the City Clerk: Present - Packard Cas ler Anear Kulchin Lewis -INVOCATION was given by Mayor Packard. I PLEDGE OF ALLEGIANCE was led by the City Clerk. I SPECIAL INTRODUCTIONS: I Mayor Packard indicated that Police Chief Jimno was present to introduce the three new Lieutenants in the Police Department. Chief Jimno then introduced James R. Hawks, who has been a member of the Carlsbad Police Department for several years; Robert Vales, from Escondido Police Department; and Greg Fried, from Oceanside Police Department, and gave some background on each of the officers . Mayor Packard, on behalf of the Council, congratulated the three officers on their appointments. APPROVAL OF MINUTES: (Approved by one motion) Council Member Kulchin indicated that she would abstain from the vote on the minutes of August 18, 1981. Minutes of the Regular Meeting, held August 18, 1981, were approved as submitted. Minutes of the Adjourned Regular Meeting, held August 25, 1981, were approved as submitted. CONSENT CALENDAR: Mayor Packard indicated he had received a request to speak on Item No. 7, and removed same from the Consent Calendar. Council Member Kulchin indicated that she would abstain on Items No. 3, 4, 5, and 7. Council Member Casler requested that Item No. 2 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Items No. 2 and 7, as follows: WAIVER OF DOCUMENT TEXT READING: Council waived the reading of the text of all ordinances and resolutions before Council at this meeting. MEMBERS COUNCIL B % .;t Packard Cas ler Ane ar X Kulchin Lewis Packard Casler Anear Kulchin X Lewis *I L 'F MINUTES COUNCIL b * ' September 1, 1981 Page 2 MEMBERS % - ~501 1. AB i16722 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $688,155.85, for the period August 14 to August 24, 1981; payroll demands in the amount of $245,904.53, for the period August 3 to August 16, 1981; and Housing Authority demands in the amount of $42,951.55, for the period August 14 to August 24, 1981. [99 J 3. AB /I6709 - Supplement #l - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-17/CP-163 - APPLICANT: LA COSTA VILLAS. Council adopted the following Resolution: RESOLUTION NO. 6654, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-17) FOR A 15- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-163) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA STREET. APPLICANT: LA COSTA VILLAS. [gg] 4. AB /I6708 - Supplement 81 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-20/CP-165 - APPLICANT: SUNRISE PACIFIC. Council adopted the following Resolution: RESOLUTION NO. 6655, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-20) FOR A 24- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-165) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PIRINEOS WAY. APPLICANT: SUNRISE PACIFIC. 1991 5. AB #6710 - Supplement fl - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-ll/CP-156 - APPLICANT: LA COSTA GREENS. Council adopted the following Resolution: RESOLUTION NO. 6656, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-11) FOR A 22- UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-156) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF NAVARRA DRIVE EAST OF VIEJO CASTILLA WAY. [36] 6. AB f6724 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted the following Resolution: RESOLUTION NO. 6657, AUTHORIZING THE DESTRUCTION OF CERTAIN FILES. [291 8. AB +I6725 - BUDGET REVISIONS - RECREATION DEPARTMENT FEE SUPPORTED. Council adopted the following Resolution: RESOLUTION NO. 6659, AUTHORIZING THE TWSFER OF FUNDS IN THE RECREATION-FEE SUPPORTED FISCAL 1981-82 OPERATING BUDGET. .c *I MINUTES - r. 331 September 1, 1981 Page 3 COUNCIL k MEMBERS % ITEMS REMOVED FROM CONSENT CALENDAR: 2. AB /I6723 - ACCEPTANCE OF DONATION. Council Member Casler indicated that she has no objection to the donation; however, she did wish to point out that there is an ordinance which prohibits dogs in the park. Mrs. Casler suggested that the Council might wish to consider withdrawing that portion of the ordinance, as it seems such activities involving dogs are held in the park on a regular basis. Council Member Anear stated that he has observed some of the dog obedience classes held in the park, and indicated that they are careful to clean up when they are through. He added that the groups are required to have permits to use the park. Mr. Anear also stated he would object to the removal of the ordinance, as it is a measure of enforcement; and he pointed out that some people do not clean up after their dogs. Council Member Casler requested that the item be placed on a future agenda for discussion. Council concurred. Council adopted the following Resolution: Packard Casler X RESOLUTION NO. 6653, ACCEPTING A DONATION OF ONE Lewis Poodle Club. Kulchin HUNDRED DOLLARS ($lOO.OO>, from the San Diego Anear 7. AB 86720 - Supplement #l - APPEAL OF CONDITIONAL USE PERMIT FOR PAVED PARKING FACILITY - CUP-198 - APPLICANT: CITY OF CARLSBAD. The City Manager gave a brief report on the matter, and read the conditions contained in the proposed Resolution of approval. Council recognized Hugh Singleton, 1235 Stratford Lane, Carlsbad. Mr. Singleton indicated that he was speaking for his wife, himself, and Mrs. Vera Huffaker who lives at 1275 Stratford Lane. Mr. Singleton requested that the Council reconsider the placement of this parking lot at the proposed location. He also suggested that Council listen to the recommendations of the Planning Commission, and stated his opinion that same is not consistent with an R-1 Zone. Council recognized A1 Packard, 1240 Stratford Lane, Carlsbad. Mr. Packard stated that as a group, the residents are still opposed to the parking lot; however, indicated that they are very much in support of the Police Department, and their opposition deals only with the fact that the proposed parking lot is inconsistent with the neighborhood. He added that in his opinion, this is a short term solution to a long term problem. Council recognized Robert Cook, 1195 Stratford Lane, Carlsbad. Mr. Cook spoke in opposition to the parking lot, and inquired if an EIR was done on the property. Council recognized Jess Alvarez, 1220 Stratford Lane, Carlsbad. Mr. Alvarez reiterated that the Planning Commission unanimously recommended denial of the proposed parking lot. 0 .% September 1, 1981 MINUTES Page 4 1 c Mr. Alvarez continued to read a statement prepared by the residents of Stratford Lane stating they have retained an attortley to look into the legalities of the matter, and are considering a recall of the City Council. He stated they represent COACH (Citizens Opposed to Abuses in City Hall. ) For clarification purposes, Council Member Casler explained that though Council frequently accepts the recommendations of the Planning Commission, there are some areas where Council has a more detailed background of the issue. She also stated the Resoldtion should contain a condition restricting access to Stratford Lane. Council approved the addition of a condition to restrict access onto Stratford Lane from the parking lot. Mayor Packard reiterated his recommendation that the portion of the lot fronting on Stratford Lane not be included. Council directed that Condition No. 4 be revised to read, "The applicant shall prepare a detailed landscape and irrigation plan for both projects, which shall be submitted to and approved by the City Council prior to the issuance of grading or building permits." Council adopted the following Resolution, as amended: RESOLUTION NO. 6658, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION AND APPROVING A CONDITIONAL USE PERMIT (CUP-198) FOR CONSTRUCTION OF A PAVD PARKING LOT ON PROPERTY GENERALLY LOCATED ON A THRU-LOT BETWEEN LAGUNA DRIVE AND STRATFORD LANE IMMEDIATELY TO THE NORTH OF THE CARLSBAD CIVIC CENTER. APPLICANT: CITY OF CARLSBAD. ORDINANCES FOR ADOPTION: ;I131 9. AB +I6696 - Supplement #l - ZONE CHANGE FROM P-C TO 0-S - ZC-238 - APPLICANT: PONEROSA HOMES. Council adopted the following Ordinance: I ORDINANCE NO. 9597, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-238) FROM P-C (PLANNED COMMUNITY) TO 0-S (OPEN SPACE) ON PROPERTY GENERALLY LOCATED NORTH OF CAYENNE LANE AND LA GOLONDRINA STREET. APPLICANT: PONDEROSA HOMES. - MEMBERS COUNCIL B Z. Packard Cas ler Ane ar Kulchin Lewis Packard Cas ler Anear Kulchin Lewis Packard Cas ler Ane ar Kulchin Lewis Packard Cas ler Anear Kulchin Lewis L X X X X .* ,* MINUTES September 1, 1981 Page 5 - [96] 10. AB W6714 - STOP CONTROL ON LUCIERNAGA AT CORINTIA. Council adopted the following Ordinance: 9 ORDINANCE NO. 3134, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.28.240 DESIGNATING, STOP CONTROL ON LUCIERNAGA AT ITS INTERSECTION WITH CORINTIA . [72] 11. AB f6717 - PROHIBITING PARKING ON PUBLICLY OWNED PARKING LOTS. Council adopted the following Ordinance: ORDINANCE NO. 3135, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.40.010 TO PROHIBIT PARKING FOR SEVENTY-TWO OR MORE CONSECUTIVE HOURS ON PUBLIC STREETS, ALLEYS, OR PUBLICLY OWNED PARKING LOTS. ORDINANCES FOR INTRODUCTION: [I 141 12. AB if6711 - Supplement if1 - ZONE CODE AMENDMENT TO ALLOW PLANNING DIRECTOR REVIEW OF CERTAIN APPLICATIONS - ZCA-134 - APPLICANT: CITY OF CARLSBAD. I Council introduced the following Ordinance: ORDINANCE NO. 9598, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 21.10, SECTION 21.10.080, AND BY THE ADDITION OF CHAPTER 21.51 TO ALLOW PLANNING DIRECTOR APPROVAL OF PANHANDLE LOTS IN THE R-1 ZONE AND CERTAIN VARIANCES. [I 141 13. AB f665 5 - Supplement if2 - ZONE CODE AMENDMENT TO ALLOW MOBILE HOMES IN THE R-1 ZONES - ZCA-136 - APPLICANT: CITY OF CARLSBAD. 1 Council introduced the following Ordinance: % ORDINANCE NO. 9599, AMENDING TITLE 21, CHAPTERS 21.07, 21.08, 21.09, AND 21.10 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21.07.030(5), 21.07.120; 21.08.010(8), 21.08.100, 21.09.020(5), 21.09.190, 21.10.010(9), AND 21.10.100 RESPECTIVELY TO ALLOW MOBILEHOMES ON PERMANENT FOUNDATIONS TO BE LOCATED ON LOTS ZONED FOR SINGLE FAMILY DWELLINGS AND TO ESTABLISH DEVELOPMENT STANDARDS FOR ALL SINGLE FAMILY DWELLING UNITS LOCATED ON LOTS ZONED FOR SUCH UNITS. 1301 14. AB /I6501 - Supplement 82 - AMENDMENT TO ENERGY ORDINANCE. Council introduced the following Ordinance: ORDINANCE NO. 8094, AMENDING TITLE 18, CHAPTER 18.30 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.30.020 TO PROVIDE FOR EXCEPTIONS TO THE SOLAR HEATER PRE-PLUMBING REQUIREMENT. l- COUNCIL B %’ MEMBERS Z. Packard Cas ler Anear X Kulchin Lewis Packard Cas ler Ane ar Kulchin Lewis X Packard Casler Anear X Kulchin Lewis Packard Casler Ane ar Kulchin Lewis X Packard Casler Anear X Kulchin Lewis .I e: MINUTES September 1, 1981 Page 6 - 1 PUBLIC HEARINGS: ~~~ I C991 15. AB 86726 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-15/CP-161 - APPLICANT: RUSSELL. With the aid of a wall exhibit showing the location of the project and design of the driveway, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. Mayor Packard opened the public hearing at 6:46 P.M., and extended the invitation to speak. Council recognized Paul Russell, 2525 Jefferson Street, Carlsbad. Mr. Russell indicated that he exceeds the requirements of the ordinance with regard to parking, recreational amenities, and green area; and expressed the willingness to respond to any questions. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:52 P.M. Council directed the City Attorney to prepare documents approving CT 81-15/CP-161, per Planning Commission Resolution No. 1825. [991 16. AB !I6727 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-21/CP-167 - APPLICANT: CARINGA INVESTMENTS. The Planning Director gave a staff report on the matter, with the aid of a wall exhibit showing the design of the project. Mayor Packard opened the public hearing at 6:55 P.M., and extended the invitation to speak. Council recognized Homer Delawie, 2827 Presidio Drive, San Diego; Architect representing the applicant. Mr. Delawie covered the outstanding points of the project, and expressed the willingness to respond to any questions. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:56 P.M. Council directed the City Attorney to prepare documents approving CT 81-21/CP-167, per Planning Commission 4 Resolution No. 1847. 1 [113]17. AB W6728 - PREANNEXATIONAL ZONE CHANGE - ZC-239 '- APPLICANT: KELLY. With the aid of a transparency showing the location of the project, the Planning Director gave the staff report. Mayor Packard opened the public hearing at 6:59 P.M., and extended the invitation to speak. 7 COUNCIL y$ .AI ' MEMBERS % Packard Cas ler Anear X Kulchin Lewis Packard Cas ler Anear Kulchin Lewis X .I .t September 1, 1981 MINUTES Page 7 MEMBERS COUNCIL k -1 c Council recognized Jean Jensen, P. 0. Box 1307, Carlsbad, Planning Consultant for the applicant, who indicated she was in agreement with the staff recommendation. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 7:Ol P.M. Council directed the City Attorney to prepare documents approving ZC-239, per Planning Commission Resolution No. 1837. 991 18. AB 86729 - TENTATIVE MAP AND CONDOMINIUM CONVERSION PERMIT - CT 81-25/CP-169 - APPLICANT: TIBERIO/PEACOCR. The Planning Director gave the staff report, essentially as contained in the statement of the matter. Council Member Lewis expressed concern over the visitor parking. Director Hagaman explained that there are six visitor spaces required in this project, and there are eleven on-street parking spaces abutting this project. He added that in checking with Staff, they have found that this is not a high-demand beach area, and they did not find any neighborhood parking problems. In response to Council query, Director Hagaman indicated that the project meets the requirements of the Condominium Ordinance with regard to parking. Mayor Packard opened the public hearing at 7:07 P.M., and extended the invitation to speak. Council recognized James C. Peacock, 6324 Bayshore Walk, Long Beach. Mr. Peacock indicated that Mr. Tiberio was also present, and stated that they agree with the conditions of approval, and expressed willingness to respond to any questions. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 7:08 P.M. Council directed the City Attorney to prepare documents approving CT 81-25/CP-169, per Planning Commission Resolution No. 1849. 1 With regard to high density areas and the beach section, Council Member Lewis stated his opinion that Planning should provide a complete breakdown as to parking, and how it affects those projects that already exist, and those already approved. Director Hagaman indicated that Staff had a workshop with the Planning Commission, and this issue was discussed. He explained that the resulting position of the Planning Commission was that they will look very carefully at any visitor parking for each project. Council requested that the matter come back in the form of a report for Council consideration. - Packard Cas ler Anear Kulchin Lewis Packard Cas ler Anear Kulchin Lewis +- x X .I ,< MINUTES September 1, 1981 Page 8 - [gg] 19. AB 86730 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-27/CP-171 - APPLICANT: SWEATTE. With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. t Mayor Packard opened the public hearing at 7:16 P.M., and extended the invitation to speak. Council recognized Howard Sweatte, 2453 Chestnut, Carlsbad. Mr. Sweatte stated they are in agreement with the Planning Commission recommendation, and expressed willingness to respond to any questions. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 7:17 P.M. Council directed the City Attorney to prepare documents approving CT 81-27/CP-171, per Planning Commission Resolution No. 1844. [99] 20. AB #6335 - Supplement #2 - AMENDMENT TO A TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 80-22(A) / CP-101 (A) - APPLICANT: LATITUDE 33. . -. With the aid of a transparency showing the location of the project, the Planning Director gave a staff report on the matter. Mayor Packard opened the public hearing at 7:18 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. Council directed the City Attorney to prepare documents approving CT 80-22(A)/CP-lOl(A), per Planning Commission Resolution No. 1848. [gg] 21. AB /I6731 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-22/CP-168 - APPLICANT: MOIR DEVCO. j The Planning Director gave the staff report, with the aid of a transparency showing the location of the project, essentially as contained in the Agenda Bill. Council discussion reflected on the grading. Council Member Casler stated she would like to see the grading plan, as the only reference to same in the staff report deals with borrowing fill. Mayor Packard opened the public hearing at 7:25 P.M., and extended the invitation to speak. Council recognized David Hawkins, 5745 Ferber Street, San Diego; representing the Architect, Howard Anderson and Associates. Mr. Hawkins indicated that there was a change in the name of the applicant, from Moir Devco, to American West Development Company. - MEMBERS COUNCIL \ Packard Casler Anear Kulchin X Lewis Packard Cas ler Anear Kulchin X Lewis ---" MINUTES September 1, 1981 Page 9 I With regard to the grading, Mr. Hawkins explained that they are not lowering the grades at any point, but are grading into the site as it exists, and parking will be under the grade. He added that they are in agreement with the recommendations of the Planning Staff, and urged approval of the project. Council recognized Jerry H. Winter, 144 Sequoia, 81, Carlsbad. Mr. Winter stated he has serious concerns with the traffic on Sequoia. He stated there is no parking available on Sequoia, Tamarack Avenue, and Carlsbad Boulevard; and he stated his opinion that the eight visitor parking spaces that the applicant is providing do not seem adequate, as they are already overcrowded. Council recognized Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad. Mr. Skotnicki stated that Jan Ike, who lives at Garfield and Sequoia, asked him to look into the project, and express his feelings on same. He indicated that the principal objection of Mrs. Ike is the excessive density in the area, and that the project is incompatible to the neighborhood. Mr. Skotnicki added that the parking and traffic circulation is already a problem in the beach area, and stated his opinion that it is not being responsive to the character of the neighborhood to allow a project of this size in the area. Council recognized Mrs. .Joyce James, 3931 Garfield, Carlsbad. Mrs. James utilized a transparency to outline the existing traffic and parking problems. She added that the area is a family neighborhood, and requested denial of the project. Council recognized Betty Harris, 144 Sequoia, Carlsbad. Ms. Harris expressed concern with the traffic and parking problems that already exist in the area, and requested denial of the project. Council recognized Ellie Harris, 144 Sequoia, Carlsbad. Ms. Harris stated that the parking situation is so congested, that she can not even get into her own driveway. She also stated her opinion that the parking lot is not compatible with the area, and requested denial of same. Council recognized Mrs. Doreen Ryan, 152 Sequoia, Carlsbad. Mrs. Ryan submitted some pictures of the current parking situation on Sequoia Avenue that she took on August 2, 1981, to the Counc'il. Mrs. Ryan added that her concern was with the parking, and visitor parking. Council recognized Larry Tinnerstet, 3941 Garfield, Carlsbad; who explained that the customers from the Captain's Anchorage use this lot for overflow parking. He added that his main concern is with the height of the project, and the traffic situation in the area. Council recognized Jane Schmidt, 172 Sequoia, Carlsbad. Ms. Schmidt requested a verification that the entrance for tenant and visitor parking will be off Tamarack. COUNCIL b + 1 MEMBERS % MINUTES September 1, 1981 Page 10 The Planning Director explained that there are two entrances; the subterranean parking is off of Sequoia, and the surface parking is off of Tamarack Avenue. Ms. Schmidt added that she shares the same concerns as do her neighbors. Jerry Winter, 144 Sequoia P1, Carlsbad, addressed the Council, and stated that although he is concerned about the view reduction and access to the beach, his main concern is the high density of the area, and the safety hazards that will be created if this project is approved. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 8:Ol P.M. The Planning Director displayed a grading elevation plan and explained that the first pad level to the top of the building is 35 feet, and from Sequoia to the top of the building is 42 feet. He concluded stating that at the mos extreme point, there would be 46 feet measuring from the street to the top of the building. Council discussion reflected their concerns about grading, elevation levels, density, incompatibility with the neighborhood, parking, and traffic. Council directed the City Attorney to prepare documents denying, without prejudice, CT 81-22/CP-168. A motion was made requiring all visitor parking be off- street in the future, in this particular area. The motion died due to lack of a second. RECESS Mayor Packard called a recess at 8:26 P.M., and the Council reconvened at 8:40 with five members present. DEPARTMENT AND CITY MANAGER REPORTS: Planning 199) 22. AB IF6602 - Supplement f2 - REQUEST FOR WAIVER OF PUBLIC FACILITIES FEES - CT 81-3/CP-149. - MOLA DEVELOPMENT. b The City Manager gave a brief staff report on the matter, as contained in the Agenda Bill. Mr. Peter von Elten, Attorney for Mola Development, addressed the Council. Mr. von Elten explained that there is one central issue; did the project, which obtained a building permit in November of 1978, fall outside the scope of Council Policy 17, which was effective August 29, 1979, which refers throughout to new development. Mr. von Elten continued that the applicant is willing to pay the park-in-lieu fee, which is approximately $27,192; rather than the public facilities fee in the amount of $55,296. - MEMBERS COUNCIL yi 3: Z. Packard Casler Anear Kulchin Lewis X Anear X ,. .. September 1, 1981 MINUTES Page 11 ” Mr. von Elten concluded by expressing the opinion that the low sales price of the units qualified them as low cost housing; therefore, the fee should be waived. i In response to Council query, Mr. von Elten stated that th low sale price of the units would not continue past the initial sale. 1 Council denied the request for waiver of the public facilities fee in conjunction with CT 81-3/CP-149. The Planning Director referred to a previously required deed restriction on the units, and explained that so far, those conditions had not been fulfilled. Council Member Kulchin stated she had received a letter regarding the opening of the sales office for the development on September 6, 1981. Council directed Staff to send a letter to Mola Development regarding compliance with the conditions. I Utilities [I 101 23. AB 86732 - CHARGES FOR WATER METER, SERVICE, AND METER AND SERVICE INSTALLATIONS. The City Manager gave a brief staff report on the matter. I Council introduced the following Ordinance: ORDINANCE NO. 4016, AMENDING TITLE 14, CHAPTER 14.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 14.16.060 AND 14.16.120 TO PROVIDE FOR THE FIXING OF CHARGES FOR WATER METER AND SERVICE INSTALLATIONS BY CITY COUNCIL RESOLUTION. j Council adopted the following Resolution: RESOLUTION NO. 6660, ESTABLISHING CHARGES FOR INSTALLATION OF WATER METERS AND WATER SERVICE CONNECTIONS. ’ [68j. ., md 24. AB 116733 - ANNUAL ASSESSMENT FOR SAN DIEGO REGION WATER RECLAMATION AGENCY. The City Manager gave the staff report, as contained in the Agenda Bill. Council authorized the payment of the annual assessment of $5,400 by minute motion. - c COUNCIL p$ %’ MEM6ERS Z. Packard Cas ler Anear X Kulchin Lewis Packard Cas ler Anear X Kulchin Lewis Packard Cas ler Anear X Kulchin Lewis Packard Casler Anear Kulchin Lewis X , .. ., II September 1, 1981 MINUTES Page 12 MEMBERS COUNCIL \ C961 25. AB #6734 - STOP CONTROLS AT HIGHLAND AND FOREST. The City Engineer gave a staff report on the matter. I Council introduced the following Ordinance: ORDINANCE NO. 3136, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.28.100 AND THE ADDITION OF SECTION 10.28.290 DESIGNATING STOP CONTROLS AT FOREST AVENUE AND HIGHLAND DRIVE. City Attorney [37] 26. AB 85738 - Supplement #3 - COUNCIL PROCEDURAL ORDINANCE - AMENDMENT. Council introduced the following Ordinance: ORDINANCE NO. 124$?, AMENDING TITLE 1, CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 1.20.590 TO PROVIDE THAT A FAILURE TO OBJECT TO CITY PROCEDURES SHALL CONSTITUTE A WAIVER OF SUCH OBJECTION. City Manager 27. AB 86735 - GROVE-MARRON ROAD REIMBURSEMENT c941 AGREEMENT - BROADMOOR REFUND. C45 1 The City Manager gave a brief report on the matter. Mr. James Carter, 3911 Sorrento Valley Blvd., Suite B, San Diego, addressed the Council. Mr. Carter stated he was representing Broadmoor Homes, and gave some background on the matter . In response to Council query, Mr. Carter stated that at the time they purchased the property, there was no lien on the property. Mr. John Bartman, 1354 Longworth Drive, Los Angeles, addressed the Council. Mr. Bartman explained that the entire procedure was done by May Company Counsel, and also gave some background on the matter. He added that they are trying to go back to the original intent, and put the money on those three parcels that are to be developed. Council Member Anear stated his opinion that the matter is between Broadmoor Homes and the Grove Properties, and Council concensus reflected same. Council directed that the matter be filed. Packard Cas ler Anear Kulchin Lewis Packard Cas ler Anear Kulchin Lewis Packard Cas ler Anear Kulchin Lewis I X X X ,v .. *, MINUTES - September 1, 1981 Page 13 City Clerk [63] 28. AB #6606 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. Council adopted the following Resolution: 4 RESOLUTION NO. 6543, APPOINTING A MEMBER TO THE LIBRARY BOARD OF TRUSTEES OF THE CITY OF CARLSBAD; that member being Walter Brunn. I [I 031 29. AB 86690 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. I Council adopted the following Resolution: RESOLUTION NO. 6621, APPOINTING A MEMBER TO THE CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION; that member being Ralph B. Darton. I OFF-AGENDA ITEM : E931 AB #6691 - Supplement 81 - LIFTING PLANNING MORATORIUM FOR PALOMAR AIRPORT DRAINAGE BASIN. The City Attorney distributed a copy of an Agenda Bill, and noted the need for Council consideration at this time . Council agreed that the item should be added to the agenda for consideration. The City Attorney gave a brief staff report on the matter, in accordance with the contents of the Agenda Bill. Council discussion related to whether the structure of the allocation system itself should remain in the event of a future need, or whether it should be eliminated. Mayor Packard referenced Conditions 6 and 7 of the previous Ordinance, and suggested they also be eliminated from the Resolution. He also expressed the opinion that all sewer capacity except that for civic purposes, should be made available. J Council discussed at length the amount of capacity which should be retained in reserve. Council adopted the following Resolution: I RESOLUTION NO. 6662, AMENDING THE PROVISIONS OF RESOLUTION NO. 6226 AUTHORIZING THE ISSUANCE OF 1800 EDU'S OF SEWER CAPACITY ON A FIRST COME, FIRST SERVED BASIS, SUBJECT TO CERTAIN CONDITIONS. Council introduced the following Ordinance: ORDINANCE NO. 9600, AMENDING TITLE 21, CHAPTER 21.49 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.49.020 AND 21.49.025 TO EXEWT THE PALOMAR AIRPORT DRAINAGE BASIN FROM THE PLANNING MORATORIUM. - MEMBERS COUNCIL b .;t Packard Cas ler Anear Kulchin X Lewis Packard Anear Cas ler X Kulchin Lewis Packard Cas ler Ane ar Kulchin Lewis X Packard Casler Anear Kulchin Lewis x Packard Cas ler ~ Anear Kulchin zi Lewis , i I . I. . .. '* September 1, 1981 MINUTES Page 14 COUNCIL REPORTS: Library Board of Trustees Council Member Casler reported on a recent Library Board meet ing . 1 JAC - Council Member Casler reported on a recent JAC meeting. Buena Vista Lagoon Committee Council Member Lewis reported on the Buena Vista Lagoon Action Committee meeting, and indicated that 2100 signatures were obtained through the scroll signing project, and submitted to the House Ways and Means Committee. He added that the Committee did recomend that the funds be made available. Senior Citizens Association Council Member Kulchin reported on the lastest meeting, and provided Council with some senior statistics. ADJOURNMENT By proper motion the meeting was adjourned to Tuesday, September 8, 1981 at 6:OO P.M. Respectfully Submitted, -26- ALETHA L. RAUTENKRANZ, City Clerk & Ann R. Alleman, Minutes Clerk c COUNCIL k * ' MEMBERS % 1