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Home My WebLink About1982-09-21; City Council; MinutesI' MINUTES MEETING OF : CITY COUBCIL,<Begnlar Meeting) DATE OF MEETING: September 21, 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 Casler at 6:OO P.M. ROLL CALL was taken by the City Clerk as follows: 1 Present - Casler, Lewis, and Anear. Absent - Kulchin, ad Chick. I INVOCATION was given by Pastor Stinson, Pilgrim Congregational Church. I PLEDGE OF ALLEGIANCE was led by Mayor Casler. I APPROVAL OF MINUTES Minutes of the Regular Meeting, held September 7, 1982, were approved as submitted. I CONSENT CALENDAR Council affirmed the action of the Consent Calendar, as follows: I WAIVER OF DOCUMENT TEXT READING I Council waived the reading of the text of all ordinances and resolutions at this meeting. I (50) 1. AB 117157 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified payment of demands against the City in the amount of $527,141.79 for the period September 6 to September 17, 1982; Payroll demands in the amount of $274,015.27 for the period August 30 to September 12, 1982; and Housing demands in the amount of $3.00 for the period September 6 to September 17, 1982. (40) 2. AB 117120 - Supplement 111 - CITY HALL RE-ROOFING - (45) CONTRACT NO. 1125. Council awarded the contract to Quality Roofing and Repairs, and adopted the following Resolution: 4 RESOLUTION NO. 7009, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 1125 FOR CITY RE- ROOFING. (92) 3. AB #7158 - NINETEENTH SUPPLEMENT TO BASIC AGREEMENT (45) ENCINA WATER POLLUTION CONTROL FACILITY. Council adopted the following Resolution: RESOLUTION NO. 7010, AUTHORIZING EXECUTION OF THE NINETEENTH SUPPLEMENT TO THE BASIC AGREEMENT FOR ENCINA JOINT SEWER SYSTEM TO PROVIDE AUTHORIZATION FOR VISTA SANITATION DISTRICT TO ACT AS ADMINISTRATOR FOR PHASE IIIA ENLARGEMENT AND TO EXECUTE CHANGE ORDER TO PHASE I11 CONTRACT 10/11 FOR CONSTRUCTION OF PHASE IIIA ENLARGEMENT. - COUNCIL /\b % ?k3 ? MEMBERS % %% Cas ler X Anear xx Lewis X Cas ler X Ane ar xx Lewis X MINUTES September 21, 1982 Page 2 (71) 4. AB W7113 - Supplement #l - DOWNTOWN PARKING LOT IMPROVEMENT - CONTRACT NO. 1122 . Council adopted the following Resolution: RESOLUTION NO. 7011, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR THE IMPROVEMENT OF DOWNTOWN PARKING LOT - CONTRACT NO. 1122. ( 81) 5. AB #7 159 - QUITCLAIM OF EASEMENT. Council authorized the Mayor to sign quitclaim deeds for an easement for public utilities purposes on lots in Bella Donna Heights, Units 1 and 2. (78) 6. AB 117160 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted the following Resolution: RESOLUTION NO. 7012, AUTHORIZING THE DESTRUCTION OF CERTAIN FILES. (63) 7. AB /I7161 - RETUBING LIBRARY BOILER. Council adopted the following Resolution: RESOLUTION NO. 7013, AUTHORIZING THE RE-TUBING OF THE BOILER IN THE LIBRARY AND THE TRANSFER OF FUNDS FROM THE CONTINGENCY RESERVE. (99) 8. AB #I7149 - Supplement #1 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 82-5/PUD-39 - FONTANA/MUDGE. I Council adopted the following Resolution: RESOLUTION NO. 7014, APPROVING WITH CONDITIONS TENTATIVE TRACT MAP (CT 82-5) AND PLANNED UNIT DEVELOPMENT (PUD-39) ON PROPERTY GENERALLY LOCATED WEST OF NEBLINA DRIVE AND SOUTH OF FUTURE TAMARACK AVENUE IN THE R-A-10,000 ZONE. (loa). 9. AB #7162 - VACATING A PORTION OF JAMES DRIVE. Council adopted the following Resolution: RESOLUTION NO. 7015, SUMMARILY VACATING AN EASEMENT OVER A PORTION OF JAMES DRIVE. 4 (63) 10. AB #7104 - Supplement 111 - ADDITION TO CHILDREN'S .LIBRARY - CONTRACT NO. 11 15. I Council adopted the following Resolutions: RESOLUTION NO. 7016, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 1115 FOR THE ADDITION TO THE CHILDREN'S LIBRARY. RESOLUTION NO. 7017, AUTHORIZING THE TRANSFER OF FUNDS FOR THE CONSTRUCTION OF AN ADDITION TO THE CHILDREN'S LIBRARY - CONTRACT NO. 1115. 7- COUNCIL /\k 3 %' $ MEMBERS % s% MINUTES (74) (45) (57) (85) September 21, 1982 Page 3 ORDINANCES FOR ADOPTION I 11. AB #7153 - AMENDING THE PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT. Council adopted the following Ordinance: ORDINANCE NO. 1257, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PUBLIC HEARINGS Mayor Casler inquired whether applicants of the public hearing items desired to have their matters continued to the next meeting when a full Council would be present. Michael Holzmiller, Land Use Planning Manager, indicated that the applicant had requested that Item No. 14 be continued to October 5, 1982, to allow for a full Counc i 1. Council also indicated that it would be desireable for a full Council to discuss Item No. 13. Therefore, Mayor Casler indicated that public testimony would be taken, but Council discussion and action would be continued to the meeting of October 5, 1982. 12. AB 87151 - GENERAL PLAN AMENDMENT - GPA-62. Michael Holzmiller, Land Use Planning Manager, gave a staff report, with the aid of transparencies showing the location of the properties involved with the General Plan Amendments. He explained the requested amendments, and also explained that the environmental impact report prepared on GPA-62(A) had been completed, and addressed mitigating measures addressed in the environmental impact report. I Mayor Casler opened the public hearing and extended the invitation to speak. Mr. Bob Ladwig, Rick Engineering, expressed agreement with staff recommendations on GPA-62(A), and requested that Council certify the EIR and approve the General Plan Amendment. Mr. Jim Goff, representing the Daon Corporation, expressed support of staff recommendations on GPA-62(B), and urged Council approval. Since no one else wished to address Council on the matter, Mayor Casler closed the public hearing at 6:12 P.M. Council Member Lewis referenced GPA-62 (A) , and questioned how much of Palomar Airport Road they would be required to improve. Staff indicated that the EIR recommends that improvements be completed on that portion that abutts their property. Staff also indicated that the improvements would be required when the project is developed. COUNCIL /\\ % %' 3 MEMBERS % s% Cas ler X Lewis X xx Anear MINUTES (99 September 21, 1982 Page 4 Council certified Environmental Impact Report 81-9 as being completed in conformance with the California Environmental Quality Act and the State Guidelines. Council directed the City Attorney to prepare documents approving GPA-62 (A), GPA-62 (B), GPA-62 (C), and MP-l49(J). I ) 13. AB 417163 - APPEAL OF PLANNING COMMISSION APPROVAL OF CT 82 -ll/PUD-44 - PLAZA SERENA DE LA COSTA. Michael Holzmiller gave a staff report on the matter. He explained the features of the proposed project, and noted that the neighbors believed the project would be incompatible with the neighborhood. In response to Council query, he indicated that the Traffic Engineer had noted there would be no significant traffic problem in the area as a result of the project. He also indicated that all parking would be on-site. Mayor Casler indicated she had received a letter from a property,owner in the area, complaining about the change of zone in the area. She inquired whether, in fact, the zone had been changed. Mr. Holzmiller responded in the negative. Mayor Casler declared the public hearing open at 6:21 P.M., and extended the invitation to speak. Mr. Charles Duff, 630 Sabrina Way, Vista, addressed Council, representing Frank and Charlene Scott, the appellants. Mr. Duff indicated that the proposed units would be built directly below the Estates area, which are very expensive homes. He noted that the expensive homes would then overlook the condominium project, which would be incompatible with the neighborhood. He also indicated that there would be a problem with parking and traffic. He noted that even though parking would be provided on- site, that the people living in the condominiums would park off-site. He stated that parking on the cul-de-sac would create traffic and safety problems. He concluded by indicating the project was poorly designed, and requested that Council deny the project. Mr. Seymour Canter, 2600 Argonauta, Carlsbad, addressed Council. He indicated that there would be five or six homes that would look down on this project. He also indicated his understanding that part of the project would be 15 feet above the upper lot lines. He indicated that there are currently always cars parked on both sides of Luciernaga, and additional cars would create a traffic and safety hazard. He expressed the opinion that the lots, without a PUD, would only accomodate two units on each lot, and requested that Council deny the project. Mr. Richard Mather, 6816 Luciernaga Street, Carlsbad, addressed Council. Mr. Mather indicated he would-be the direct neighbor to the project, and probably would be most affected by same. He indicated that the project would be looking down on his property, and he would loose his privacy. He also indicated there would be an increase in the noise level when the people live in the codominiums. He also indicated that traffic would be a problem, and safety would be a problem from children playing in the street. COUNCIL /\k % ?k' 9 MEMBERS % $3 Cas ler X Ane ar xx Lewis X Cas ler X Lewis X Anear xx MINUTES September 21, 1982 Page 5 Mr. Mather indicated he had received a letter from Mr. Dan Goodman, the applicant, expressing a willingness to work with people in the neighborhood; however, the letter had just recently arrived, and there had been no prior contact. In summary, he indicated that traffic, lack of parking, and his loss of privacy were problems, and requested Council deny the project. Mr. John Conti, 6817 Luciernaga Court, Carlsbad, addressed Council. Mr. Conti indicated that there are no multiples within 8/10 miles of the project; therefore, the condominium project would be incompatible with the area. Mr. Conti also referenced the portion of the Municipal Code which addresses findings required for Planned Unit Developments. He indicated that: one condition states that the proposed use is necessary and desireable to provide service and facilities which will contribute to the well-being of the neighborhood. He expressed the opinion that this project would not meet that requirement. He indicated another finding required is that the use would not be detrimental to the health, safety, and general welfare of persons in the vicinity. He expressed the opinion that this project would be detrimental to the safety of the residents in the area, and requested Council deny the project. Mr. Dan Goodman, owner and developer of the project, addressed Council. As clarification, he stated that the maximum height in the rear would not be 15 feet, but would be 7 feet. He noted that six foot fences are allowed, and if necessary, it may be possible to reduce that height to the six foot level. He also indicated if it would be beneficial for additional on-site guest parking, he would eliminate the racquetball court and devote that entire space to guest parking. With regard to noise, he indicated that every effort would be made to buffer the noise effects which may result from the project. He also indicated that he had previously quoted incorrect prices on the units, and that the actual range for selling the units would be between $265,000 and $349,000. He expressed the opinion that they would be compatible with the neighborhood. No one else wished to address Council at that time, therefore, Council continued the matter to the meeting of October 5, 1982, for discussion and consideration by a ’ full council. (99) 14. AB /I7164 - ZONE CHANGE , TENTATIVE MAP AND CONDOMINIUM (113) PERMIT - ZC-262/CT 82-15/CP-212 - DAON CORPORATION. The matter was continued to the meeting of October 5, 1982. (99) 15. AB f7165 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 82-16/CP-213 - TREETOPS UNLIMITED. Michael Holzmiller, Land Use Planning Manager, gave a staff report on the matter with the aid of a transparency showing the location of the project, and explained the features of same. COUNCIL \jb ?$9&3 ? MEMBERS % %% Cas ler xx Lewis X X Anear MINUTES September 21, 1982 Page 6 I Mayor Casler opened the public hearing at 6:50 P.M., and extended the invitation to speak. Mr. John Schumaker, with Pacific Scene of San Diego, the applicant, addressed Council. Mr. Schumaker expressed concurrence with the conditions and staff recommendation, 1 and requested approval of the project. Since no one else wished to address Council on the matter, Mayor Casler closed the public hearing at 6:51 P.M. Council directed the City Attorney to prepare documents approving CT 82-16/CP-213, per Planning Commission Resolution No. 2008. I (114) 16. AB R7066 - Supplement 111 - AMENDMENT OF THE ZONING ORDINANCE - DRUG PARAPHERNALIA STORES - ZCA-147. Michael Holzmiller, Land Use Planning Manager, gave a staff report on the matter, as contained in the Agenda Bill. Mayor Casler declared the public hearing open, and extended the invitation to speak. Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad, addressed Council. Mr. Skotnicki indicated he was not aware that the City had a head shop. He expressed the opinion that if such a shop did exist, this ordinance would make it legal for them to operate if they follow certain conditions. He suggested that care should be given not to legalize something that was illegal. Since no one else wished to address Council, Mayor Casler closed the public hearing at 6:56 P.M. As clarification, Mayor Casler indicated that the ordinance would not legalize drugs, but would strictly regulate the paraphernalia associated with drugs. She also stated she had been informed of the existence of such a shop in the City. Council introduced the following Ordinance: ORDINANCE NO. 6066, AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 5.18 AND AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.42.010(5)(BB) TO REGULATE ESTABLISHMENTS SELLING DRUG PARAPHERNALIA AND THE SELLING OF DRUG PARAPHERNALIA. 1 (113117. AB 87166 - AMENDMENT TO C-M ZONE AND SPECIFIC PLAN (114) 1 Michael Holzmiller, Land Use Planning Manager, gave the staff report, with the aid of a transparency showing the location of the property. He explained the requested changes to the specific plan, as contained in the staff report dated September 8, 1982. As clarification, he indicated that the wording which would allow them to exceed the 35 foot height limit was identical to the wording contained in the P-M Zone. - COUNCIL /\iJ % 3% 5 MEMBERS % $% Casler xx Anear X Lewis X Cas ler X Anear xx Lewis X -r I September 21, 1982 MINUTES Page 7 Mayor Casler declared the public hearing open, and extended the invitation to speak. Mr. Bernie Fipp, Koll Company, San Diego, addressed Council. With regard to height, he requested that the 35 foot height ,restriction be removed, and indicated that in every case, they would come before Council with a site plan for Council's approval or denial. With regard to site coverage and parking, he expressed disagreement with the wording that indicates the surface parking shall 'not exceed 50 percent of the gross lot area. He indicated that generally four spaces per net useable or rentable square feet is a requirement. Therefore, he requested that language be inserted which would reference whatever City ordinance is in effect at the time. On the issue of sidewalks, Mr. Fipp requested that the existing specific plan language remain, and add the words, "or as approved by City Council.'' He indicated this would allow them to present a specific sidewalk proposal for consideration. With regard to interway signs, he indicated they may request in the future to be able to add another entry way sign at a location on El Camino Real; however, that is not currently proposed. In response to Council query, he indicated that they have two agreements with the FAA. The first agreement requires them to keep all buildings under a 7 to 1 ratio, based on an incline from the edge of the runway. The second agreement he noted dealt with a specific area and the possibility of a cone of interferrence. He noted that the agreement requires, prior to building within that cone, approval from the FAA, and he requested approval with modificatons proposed during his presentation. Mr. A,. J. Skotnicki, 3535 Bedford Circle, Carlsbad, addressed Council. Mr. Skotnicki expressed concern about the height limit issue. He questioned the Planning Department's justifications for exceeding the 35 foot _height limit. He noted that the City historically has resisted building above 35 feet, and questioned Council's intentions. 1 Mrs. Jane Skotnicki, 3535 Bedford Circle, Carlsbad,, addressed Council. Mrs. Skotnicki stated that the airport is very busy, and there are a number of students flying out of the airport. She expressed the opinion that it would be proper to keep.buildings in the nearby area relatively flat to avoid the possibility of planes colliding with the buildings. She concluded by expressing opposition to exceeding the 35 foot height limit. Since no one else wished to address Council on the matter, Mayor Casler closed the public hearing at 7:38 P.M. Council Member Anear questioned the effect of higher buildings on the Fire Department's ability to provide protection. In response, Fire Chief Thompson indicated that the Fire Depkrtment would be proposing a mid-rise ordinance which would require all high-rise requirements in any building over 35 feet. He noted that any additional building, regardless of height, places additional burden on the Fire Department. However, fire protections will be built into buildings exceeding the 35 foot height limit. I I . . . . .. . T *% MEMBERS COUNCIL ~~ % s 9$%%& d Z. J MINUTES September 21, 1982 Page 8 ~ ~~~ Council discussion reflected the opinion that while it would not be desireable for all areas of the City, this would be an appropriate zone in which to exceed the 35 foot height limit. Council discussed the site coverage and parking issue, and expressed concurrence with changing the language to require compliance with ordinances in effect at the time. Council discussion also reflected concurrence with modifying sidewalk requirements. As clarification, the City Manager indicated that current sidewalk standards require sidewalks to be built on both sides of major streets, and on one side of other streets. Further, current requirements allow that to be changed by means of a variance, approved by the Planning Commission. Council discussion reflected concurrence with that provision which would require sidewalk considerations to be met, in accordance with existing requirements. Mr. Fipp also requested that the section relating to Part 77 of the Federal Aviation Regulations be deleted, since. the Company has two agreements with the FAA. The City Attorney indicated that if Council desired, they could change the wording to require the developer to submit evidence that he has FAA approval of the building plans, prior to City approval. Council concurred with the suggested change in the wording. Council directed the City Attorney to prepare documents approving ZCA-148/SP-l80(B), with the amendments as discussed. Council Member Lewis indicated that the 35 foot height limit is an issue that should possibly be considered by Council at a study session. He indicated it may be desireable for Council to consider which areas of the City would be appropriate for exceeding that limit, and which areas would not. DEPARTMENTAL AND CITY MANAGER REPORTS Building and Planning (28) 18. AB 87129 - Supplement fl - SELECTION OF BOND COUNSEL (45) AND BOND UNDERWRITER FOR HOUSING MORTGAGE REVENUE BOND PROGRAM. ' Marty Orenyak, Director of Building and Planning, gave a staff report on the matter, as contained in the Agenda Bill. Council adopted the following Resolutions: RESOLUTION NO. 7018, AUTHORIZING THE WTENTION OF THE FIRM OF STRADLING, YOCCA, CARLSON AND RAUTH, ATTORNEYS AT LAW, AS BOND COUNSEL FOR THE CITY'S MORTGAGE REVENUE BOND PROGRAM. RESOLUTION NO. 7019, AUTHORIZING THE RETENTION OF THE FIRM OF BLYTH, EASTMAN, PAINE mBBER, AS UNDERWRITER FOR THE CITY'S MORTGAGE REVENUE BOND PROGRAM. - COUNCIL /\b % PC$ 8 MEMBERS % %% Cas ler xx Anear X Lewis X Casler xx Anear X Lewis X ~ MINUTES (28) (88) (74) (99) September 21, 1982 Page 9 19. AB /I7129 - Supplement #2 - REQUEST TO STATE OF CALIFORNIA FOR MORTGAGE REVENUE BOND ALLOCATION. Marty Orenyak, Director of Building and Planning, gave a staff report on the matter, as contained in the Agenda Bill. Council approved the submittal of a Mortgage Revenue Bond allocation request to the State Mortgage Bond Allocation Committee. City Attorney 20. AB !I7167 - ADOPTION OF COUNTY HEALTH AND SANITATION AND ANIMAL CONTROL CODE BY REFERENCE. Council titled Ordinance No. 5063 as follows, and set the matter to public hearing on October 19, 1982: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN DIVISIONS OF TITLE 6 OF THE COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH HEALTH AND SANITATION BY REFERENCE AND AMENDING TITLE 7, CHAPTER 7.07 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN PROVISIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH ANIMAL CONTROL BY REFERENCE. Personnel 21. AB /I7168 - MEMORANDUM WITH CAmSBAD FIREFIGHTERS ASSOCIATION. INC. The City Manager referenced the Agenda Bill which had been distributed just prior to the meeting. He explained the three Resolutions, and explained the contents of the Memorandum of Understanding. He noted it was in accordance with instFuctions given to negotiators. Council adopted the following Resolutions: RESOLUTION NO. 7020, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. RESOLUTION NO. 7021, ADOPTING SALARY PLAN FOR EMPLOYEES REPRESENTED BY THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC., FOR THE 1982-1983 AND 1983-1984 FISCAL YEARS. RESOLUTION NO. 7022, AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY ACCOUNT TO THE FIRE DEPARTMENT TO COVER ADDITIONAL COSTS OF THE 1982 MEMORANDUM OF UNDERSTANDING. OFF-AGENDA ITEM Appeal of Conditions - Minor Subdivision 583 (Porter) Mayor Casler indicated that Council had previously heard an appeal on the matter, and requested that the item be added to the agenda for consideration and action. - COUNCIL /\k % a% % MEMBERS % %% Cas ler X Anear xx Lewis X Cas ler xx Anear X Lewis X Cas ler X Anear xx Lewis X MINUTES 1 September 21, 1982 Page 10 Council agreed to add the matter of the improvements of Hemlock Avenue, MS-583, Porter, to the agenda for consideration. The City Engineer, Richard Allen, referenced the Agenda Bill previously distributed to Council, and explained the four alternative actions available to resolve the matter. He also indicated that Alternative D on the Agenda Bill was the recommended action. Council approved Alternative D as contained in the Agenda Bill. CITY COUNCIL ADDITIONAL BUSINESS Park Drive Council Member Anear reported on the occurrence of an accident on Park Drive, and questioned the status for widening Park Drive. Richard Allen, City Engineer, gave a status report, noting that the City is in the preliminary stages of forming an assessment district. CITY COUNCIL REPORTS SANDAG Mayor Casler reported that the multi-modal center proposed by the County was defeated by SANDAG at their meeting. CITY MANAGER ADDITIONAL BUSINESS The City Manager commented on the upcoming meeting of the Buena Vista Lagoon Watershed Committee. ADJOURNMENT By proper motion, the meeting was adjourned at 8:12 P.M., to Tuesday, September 28, 1982 at 6:OO P.M. in the Council Chambers. Respectfully Submitted, a42Aa d k3G- ALETHA L. RAUTENKRANZ, City Clerk ALR: aa I c COUNCIL I\\ % ?kS 9 MEMBERS % $% Cas ler xx Anear X Lewis X Cas ler xx Anear X Lewis X I