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HomeMy WebLinkAbout1982-03-16; City Council; Minutes(5 (9 (9 L MINUTES - MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 16, 1982 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: City 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, Casler, Anear, Kulchin, and Lewis. INVOCATION was given by Myrtle Broam, First Church of Christ Scientists. PLEDGE OF ALLEGIANCE was led by Vincent Biondo, City Attorney . APPROVAL OF MINUTES: (Approved by one mot ion. ) Minutes of the Joint Meeting with the School Board, held February 24, 1982, were approved as submitted. Minutes of the Regular Meeting, held March 2, 1982, were approved as submitted. Minutes of the Adjourned Regular Meeting, held March 9, 1982, were approved as submitted. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar as follows: WAIVER OF DOCUMENT TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. 0) 1. AB #6924 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $1,274,914.62 for the period February 26 to March 5, 1982; Payroll. demands in the amount of $260,422.53 for the period February 16 to March 1, 1982; and Housing demands in the amount of $2,962.83 for the period February 26 to March 5, 1982. 15) 2. AB 86851 - Supplement #2 - RECONSTRIJCTION OF .5) SIDEWALK. CURB. AND GUTTER - CONTRACT NO. 1112. I” Council adopted the following Resolution: RESOLUTION NO. 6808, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 1112 FOR THE RECONSTRIJCTION OF SIDEWALK, CURB, AND GUTTER; to E. J. Harris Construction, Inc. 19) 3. AB f6512 - Supplement f2 - TENTATIVE MAP EXTENSION - CT 79-7 (A)/CP-10 (A) - HESCON. Council adopted the following Resolution: RESOLUTION NO. 6809, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 79-7(A) AND CONDOMINIUM PERMIT CP-10 (A). - COUNCIL \\y 5 %?$%$ MEMBERS Z. 6 Z. Packard Lewis X Kulchin X Anear xx Casler X X Packard xx Kulchin X Anear X Cas ler X X Lewis i B MINUTES March 16, 1982 Page 2 I (51) 4. AB 86925 - ACCEPTANCE OF GIFT FROM CITIZEN FOR. PARAMEDIC UNIT. Council adopted the following Resolution: I RESOLUTION NO. 6810, ACCEPTING A GIFT OF MONEY TO BE PLACED IN THE PARAMEDIC TRUST FUND. 962) 5. AB 86926 - COUNCIL SUPPORT OF PROPOSITION 9. I Council adopted the following Resolution: RESOLUTION NO. 6811, IN SUPPORT OF PROPOSITION 9 TO PROVIDE FOR THE CONSTRUCTION OF THE PERIPHERAL CANAL IN THE ELECTION OF JUNE 1982. I ORDINANCES FOR ADOPTION: (76) 6. AB #6860 - Supplement 411 - TECHNICAL AMENDMENT REGARDING VOTES FOR PLANNING COMMISSION ACTION. - Council adopted the following Ordinance: ORDINANCE NO. 1247, AMENDING TITLE 2, CHAPTER 2.24 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.24.070 TO CLARIFY THE VOTE REQUIREMENT FOR CERTAIN PLANNING COMMISSION ACTION. (78) 7. AB #6915 - PROHIBITION OF SKATEBOARDS. Council adopted the following Ordinance: 0RDINA.NCE NO. 3143, AMENDING TITLE 10, CHAPTER 10.32 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.32.035 PROHIBITING SKATEBOARDING IN PTJBLIC DRAINAGE FACILITIES. (78) 8. AB $16916 - PARKING VIOLATION ENFORCEMENT FEES. Council adopted the following Ordinance: ORDINANCE NO. 3144, AMENDING TITLE 10 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 10.40 TO ESTABLISH PARKING VIOLATION ENFORCEMENT PROCEDURES AND FEES. (113) 9. AB #6017 - Supplement f2 - RANCHO CARRILLO MASTER PLAN AMENDMENT (139-A). Council adopted the following Ordinance: ORDINANCE NO. 9611, APPROVING THE RANCHO CARRILLO MASTER PLAN (MP 139-A). HOUSING AND REDEVELOPMENT COMMISSION MEETING: (28) Mayor Packard adjourned the meeting at 6:09 P.M., and convened the Housing and Redevelopment Commission Meeting. Council reconvened at 6:11 P.M, with five members present. COUNCIL \\$ S% %?$%? MEMBERS Z. g Z. Packard X Lewis X Kulchin X Anear xx Cas ler X Packard Cas ler X Ane ar X Lewis X Kulchin x xx ~ I ~ Packard X Lewis X Kulchin X Ane ar xx Casler X Packard X Lewis X Kulchin X Anear xx Cas ler X 4 MINUTES r 69) \\$ *% March 16, 1982 Page 3 COUNCIL % ?$%? MEMBERS .;t 6 Z. PUBLIC HEARINGS: Mayor Packard suggested and Council concurred that the following two items be heard simultaneously. 11. ' AB $16927 - ENVIRONMENTAL IMPACT REPORTS 80-8 AND 80-8 (A) - CARLSBAD HIGHLANDS. 12. AR $16928 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 81-9/PUD-30 - CARLSBAD HIGHLANDS. With the aid of transparencies showing the location of the project, natural habitat areas, and plot plan, the Planning Director gave a staff report on the matter. Gary Wayne, Assistant Planner, continued the staff report. With the aid of a slide presentation, Mr. Wayne outlined the features and topography of the site, the major impacts associated with the proposed project, and adjacent development. Council Member Casler expressed her opinion that the tentative map resembles a subdivision rather than a PUD, and that the site arrangements do not comply with a PUD. The Planning Director responded to Council questions regarding the purpose of the PUD, and indicated that the Planning Commission expressed concern with regard to the lack of tradeoffs provided by the project to justify approval of a planned unit development, and the significant environmental impacts that would be created by .the project . He added that the project does not meet the intent of the zone. Council Member Lewis expressed concern and inquired with regard to the time expended to date on the project, in light of Staff's concerns and recommendation for denial. The Planning Director indicated that the issues of concern were frequently brought to the attention of the applicant; however, there was a lack of communication on the part of the applicant in responding to the issues. Gary Wayne responded to Council questions regarding the riparian habitat. Council discussion related to the Staff's concern of premature development, in relation to other projects within the City. Mayor Packard opened the public hearing at 6:44 P.M., and extended the invitation to speak. Council recognized Mr. Jack Barnes, 343 Third Street, Suite 3, Laguna Beach. He explained the history of attempting the process through the Planning Department and conflicting statements received from different Planning representatives. He read from the General Element of the Carlsbad Housing Plan with regard to affordable housing, and indicated that the project would provide same. Mr. Barnes showed a slide presentation outlining the design of the proposed project, and its relation to surrounding development. In conclusion, Mr. Barnes requested approval of the project, and requested Council consideration of same. ab. MINUTES Sp6, March 16, 1982 Page 4 COUNCIL \\$ %9 0 A* A % MEMBERS % %% I The City Engineer responded to Council questions regarding the alignment of Cannon Road. Council recognized Mr. Norman Arm, 455 N. Hale, Escondido. With the aid of a wall exhibit Mr. Arm explained the route location study done on the property. Council recognized Mr. Joe Gallagher, Vice-president of Leisure Technology, and Project Manager for Leisure Village. He explained the proposed alignment of Cannon Road, with the aid of a wall exhibit, as it affects the Oceanside development of Leisure Village. In response to Council query regarding the PUD tradeoffs, Mr. Barnes explaind that the land forms will virtually be retained . Council recognized Mr. Ron Ramos, President of Ramos & Jensen Company, 1766 Gascony Road, Leucadia. Mr. Ramos addressed the issue of affordable housing. He suggested that major concentration be on provisions for affordable housing, and not as much emphasis be put on the alignment of Cannon Road and the riparian habitats. Council recognized Mr. Marvin Sippel, 4679 El Camino Real, Carlsbad. Mr. Sippel requested consideration be given to the length of the planning process. He addressed affordable housing, and expressed his opinion that same is needed to allow younger people the opportunity to live in Carlsbad. Council recognized Mr. Roy Ward, 1207 Elm Avenue, Carlsbad, owner of Calavera Hills, and a member of the Housing and Redevelopment Advisory Committee. With regard to the circulation of the property, he indicated he has no objection to the extension of Elm Avenue to College. He further expressed his opinion that timing is not as critical as is being represented. Mr. Ward continued to speak in favor of the project, addressing public facilities and capital improvement planning in the City, and stated it would be a long time before any pressure would be put on the City for services or facilities. Council recognized Mr. W. Allan Kelly, 4912 Via Arequipa, Carlsbad. Mr. Kelly indicated he was not in agreement with the concerns regarding premature development, and referenced other developments such as the Plaza Camino Real and Car Country. He spoke in favor of the project, and requested consideration of same. Council recognized Mr. Allan Kelly, 4675 El Camino Real, Carlsbad. Mr. Kelly spoke in favor of the proposed project, and expressed his opinion that same is not premature. Council recognized Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad. Mr. Skotnicki commended Staff and the Planning Commission for their work on the project, and expressed concern about project impacts on existing residents. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 8:07 P.M. 1 J9 9 MINUTES \\$ *% March 16, 1982 Page 5 COUNCIL % 9$%T MEMBERS .;t 6 9 Council certified EIR 80-8 and EIR 80-8(A) by Minute Mot ion. X Packard X Lewis X Kulchin X Anear xx Cas ler Council Member Anear expressed concern with regard to the concept of the PUD, and that the project, if approved, would set a precedent. Council Member Lewis expressed his opinion that the proposal does not necessarily fall under the guidelines for affordable housing. He added that he is not concerned with the grading; however, indicated that a major road should be completed to service the project. He also expressed concern with regard to traffic circulation, and that the approval of this project would drastically change the concept of PUD development. Council Member Lewis further suggested that Council hold a workshop with the Planning Commission to discuss the PUD Ordinance. Council Member Casler indicated that the applicants' opinion of the PUD differs from the City's opinion. She expressed agreement with the need for affordable housing, but stated the project violates the PUD Ordinance. i Council concensus reflected no concern with regard to premature development, and discussion related to the issue of affordable housing and the proposed street circulation system. Mayor Packard expressed conern with regard to such small lots being developed into a community atmosphere. He suggested that consideration be given to a re-design of the project, to provide a cluster-effect and leaving a considerable amount of open space. He added that a re- design could provide conformity with the PUD, and reduce the number of units. Mayor Packard continued that the project has brought forth the issue that the City has not coordinated circulation patterns with surrounding impacted cities. He also expressed his opinion that the goals and objectives of the City should be identified to developers in order to shorten the application period, and requested a report from Staff on the matter. Council Member Anear suggested that the issue of the two fire stations be reconsidered, and expressed his opinion that one fire station would be adequate. Council discussion related to the staff recommendation of denial, and it was suggested that the application be denied without prejudice, to allow a waiver of the one year time limit in which the applicant would have to wait to re-submit the project. Council denied the project without prejudice. Packard X Cas ler xx Anear X Kulchin X Lewis d MINUTES COUNCIL \\$ S% %9 "0 $,*%? A March 16, 1982 Page 6 MEMBERS .Z. 0 .;t. RECESS Mayor Packard called a recess at 8:34 P.M., and Council reconvened at 8:49 P.M., with five members present. (114) 13. AB 416819 - Supplement #l - AMENDMENT TO THE SIGN ORDINANCE - ZCA-139 - CITY OF CARLSBAD. The Planning Director gave the staff report, essentially as contained in. the Agenda Bill. In response to Council query regarding revision of the Code to accomodate freeway oriented signs, the Planning Director explained that Staff is currently working on same to allow visibility from the freeway. Council Member Casler stated there should be a distinction whether the freeway is elevated or not. Mayor Packard opened the public hearing at 8:56 P.M., and extended the invitation to speak. Council recognized Mr. Ralph Darton, 4235 Trieste, Carlsbad. Mr. Darton suggested that Council pursue the matter with the State Division of Highways. Council recognized Mr. Don Brown, Carlsbad Chamber of Commerce. Mr. Brown stated a meeting had been held with State representatives, and their response was negative. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 9:OO P.M. Council Member Casler suggested freeway oriented signs be exempt until such time as Staff determines if they can be adjusted. Council discussion reflected same. Council introduced the following Ordinance: Packard X Cas ler xx ORDINANCE NO. 9608, AMENDING TITLE 21, CHAPTER 21.41 Anear X OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Kulchin X SECTIONS 21.41.015, 21.41.081, 21.41.082, 21.41.083, Lewis X 21.41.084, 21.41.085, 21.41.086, AND 21.41.087 TO PROVIDE FOR. A HEARING PROCESS FOR EXTENSION OF AMORTIZATION PER.IODS FOR SIGNS AND BY THE AMENDMENT OF SECTION 21.41.050 TO ALLOW NON-COMMERCIAL ON-SITE SIGNS. (108) 14. AB 86929 - APPEAL OF A PLANNING COMMISSION DENIAL OF A VARIANCE - V-331 - APELIAN. At the request of the appellant, Council continued the xx Lewis x Kulchin X Anear X Cas ler item to the regular meeting of April 6, 1982. X Packard DEPARTMENTAL AND CITY MANAGER REPORTS Engineering (97) 15. AB #6801 - Supplement #l - WASFIINGTON STREET - OAK TO TAMARACK. With the aid of a transparency showing the location of the proposal, Les Evans, the City Engineer, gave a staff report on the matter. 6 MINUTES March 16, 1982 Page 7 I Council discussion reflected alternatives to the deletion of Washington Street as a through street, and the feasibility of an assessment district. 1 Mr. John McCoy, 390 Oak Avenue, Carlsbad, owner of the property at Oak and Washington, addressed Council. Mr. McCoy expressed the desire for the street to be improved from Elm Avenue to Chestnut. Council approved the deletion of Washington Street as a through street between Oak and Pine Avenues, and between Chestnut and Tamarack Avenues. 1 Further Council discussion related to existing approved developments in the area, and Council directed Staff to come back with a recommended design for Washington Street. Council Member Kulchin left at 9:25 P.M. (100) 16. AB 86930 - LOCAL OPTION FUEL TAX. ( The City Engineer gave a staff report on the matter. Council endorsed the concept of a $.02 Local Option Fuel Tax to be distributed on a per capita basis. Parks and Recreation :70) 17. AB 86931 - POOL USE AGREEMENT WITH NORTH COAST AOUATICS , INC. David Bradstreet, Director of Parks and Recreation, gave the staff report, essentially as contained in the Agenda Bill. Director Bradstreet responded to Council questions regarding fees to be charged by the North Coast Aquatics for the swim program. The City Attorney referenced the proposed agreement for the swimming pool between the City and North Coast Aquatics, Inc., and indicated that the termination clause should be revised for clarification purposes. i I Council Member Anear expressed his opinion that the portion of fees the City will receive for use of the swimming pool is not equitable, and suggested the possibility of the City itself sponsoring a swim program to generate additional revenue to help subsidize the operation of the pool. Be added that the agreement, if approved, should contain an escalation clause to allow for an increase in the City's fees as the number of participants increases. Council Member Lewis indicated he would be willing to support the approval for a trial period of six months. I c 6% COUNCIL \\$ %9 "0 .*".,*4 A MEMBERS Z. 6 Z. Packard X Kulchin X Anear xx Cas ler x X Lewis Packard Cas ler X X Lewis xx Anear X I MINUTES (3 March 16, 1982 Page 8 ~ ~~ Council adopted the following Resolution, approving the agreement for a period of six (6) months from this date, and revision of the termination clause: RESOLUTION NO. 6812, APPROVING A USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST AQUATICSy INC. TO CONDUCT A COMPETITIVE SWIM PROGRAM AT THE CARLSBAD COMMUNITY SWIM COMPLEX AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. Council Member Casler inquired regarding the feasibility of the City leasing the swimming pool to the YMCA to take over the operation, and suggested Council may wish to direct Staff to investigate same. Mayor Packard indicated that prior to the City leasing the swimming pool, he would like to see what summer activity would generate, and requested that Staff provide a report and recommendations on same after the pool has been open for one full year. Council concurred. City Manager 7) 18. AB 86577 - Supplement #4 - ADOPTION OF 1982-83 GOALS AND OBJECTIVES. Council Member Anear suggested the following revisions: Objective B-4-1 - be revised to read, "Consider an appropriate design review process." Goal F-5 - An objective be added to the effect, I1 Pursue City communications through the Cable TV franchise." Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad, addressed Council. Mr. Skotnicki expressed concern that there is no mention of a lagoon management plan for the Agua Hedionda Lagoon in the goals and objectives. He further indicated concern over the City's interest with regard to local beach erosion problems, and provisions for parking at a state owned facility. Mr. Skotnicki also stated his opinion that the above are not appropriate expenditures of local funds. For clarification purposes, Council Member Casler indicated that there are no funds associated with the approval of the goals and objectives. Mayor Packard added that inclusion of such items in the 1 Goals and Objectives allows pursuit of same. Council adopted the 1982-83 Goals and Objectives by Minute Motion, with the two amendments as outlined by Council Member Anear. 74) 19. AB R6932 - AMENDMENT TO PERS CONTRACT FOR SAFETY EMPLOYEES. Frank Mannen, Assistant City ManagerlAdministration, gave a brief staff report on the matter. -.- - COUNCIL \\y s'p6r 3 %' % MEMBERS Z. 8 Z. 0 +% 1 Packard X Lewis Anear xx Cas ler X Packard X Lewis xx Anear X Cas ler X MINUTES March 16, 1982 Page 9 Council adopted the following Resolution, and introduced the following Ordinance: RESOLUTION NO. 6813, A RESOLUTION' OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIWMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD. t ORDINANCE NO. 1248, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Central, Services (28) 20. AB f6933 - HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENTS. Council adopted the following Resolution: RESOLUTION NO. 6814, APPOINTING A MEMBER TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE; that member being Roy Ward. Council continued the remaining two appointments, to allow sufficient time for evaluation of same. I (76) 21. AB !I6934 - PLANNING COMMISSION APPOINTMENTS. Mayor Packard requested that members of the Council submit nominations for the two Planning Commission appointments, and Council continued the matter to the next regular meeting . COUNCIL REPORTS Housing and Redevelopment Council Member Anear reported on a recent Housing and Redevelopment Advisory Committee meeting. I SANDAG Council Member Casler reported on a recent SANDAG meeting . I Parks and Recreation I Council Member Lewis reported on a recent Parks and c) Recreation Commission meeting. I CLOSED SESSION Mayor Packard called a Closed Session at 10:34 P.M., for the purpose of discussing litigation. Council reconvened at 10:57 P.M., with four members present, and Mayor Packard announced that litigation had been discussed, and no action taken. - - COUNCIL \\$ S% 3 %% % MEMBERS % $% f Packard X Lewis X Anear xx Cas ler X Packard x Lewis X Anear X Casler xx MINUTES March 16, 1982 Page 10 ADJOURNMENT By proper motion the meeting was adjourned at 10:58 P.M., to Tuesday, March 23, 1982, 6:OO P.M. in the Council Chambers. Respectfully Submitted, (%%ufk ?! icLLtJy ALETHA L. RAUTENKRANZ, City Cler Ann R. Alleman, Minutes Clerk 6% COUNCIL \\y 559 /o $,+*%? A MEMBERS 2. 8 +