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Home My WebLink About1983-03-01; City Council; Minutes-* ' MINUTES Sa (50) (28) (90) Meeting of: Time of Meeting: Date of Meeting: Place of Meeting: CITY COUNCIL (Regular Meeting) 6:OO p.m. March 1, 1983 COUNCIL A Council Chambers MEMBERS . CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:Ol p.m. ROLL CALI, was taken by the City Clerk as follows: Present: Council Menhers Casler, Lewis, Chick and Prescott . Absent: Council Member Kulchin. INVOCATION was given by Mayor Casler. PLEDGE OF ALLEGIANCE was led by Council Member Lewis. APP- OF MINUTES: (Approved by one motion) Minutes of the Regular Meeting held February 15, 1983, were approved as presented. Minutes of the Adjourned Regular Meeting held February 22, 1983, were approved as presented. Council Member Lewis requested Item #3 be removed from Calendar. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, with the exception of Item #3, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AB #7297 - RATIFICATION OF DENANIX AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $459,487.82, for the period February 10, 1983 to February 18, 1983; Payroll demands in the amount of $281,844.89, for the period January 31 to February 13, 1983; and Housing demands in the munt of $278.91, for the period February 10 to February 18, 1983. 2. AB #7298 - DEPOSIT OF FUNDS FOR COMMERCIAL REHABILITATION PROGRAM. Council adopted RESOLUTION NO. 7146, authorizing the deposit of funds to the Bank of America for continued operation of the Comrcial Rehabilitation Program. 4. AB #7300 - RECCMGNDATION FOR APPO- To SAN DIEGO COUNTY FLOOD CONTROL cc"ISsION, ZONE 1. Casler Lewis Chick Prescott Casler Lewis Chick Prescott X < Council adopted RESOLUTION NO. 7147, recormending the appointment of Roy Kackley, City Engineer, to the San Diego County Flood Control Connnission for Zone 1, representing Carlsbad. $!$ , 5% %% 9 X X X X Y x MINUTES Y9 (60) (45) (46) (45 1 (67) 72) (72) \\b 5 %+%d March 1, 1983 COUNCIL "0 J+ 9, ( Page 2 MEMBERS .;t (2, Z. CONSENT CALENDAR (Continued ) 5. AB #6785 - Supplement #1 - PROPOSED AMENclrlENT TO COUNTY/CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES. Council adopted RESOLUTION 7148, approving an amendment to the joint powers agreement to broaden the scope of the original agreement to include other areas of risk magement. ITEMS FSMOTED FROM CONSENT CIIENDAR: 3. AB #7300 - SCHOOL CROSSING GUARD SERVICE CONTRACT. Council Member Lewis requested this item remved from Consent Calendar in order to question the possibility of the City providing the funds, but the School District being responsible for hiring, supervising, and/or contracting for the service. Police Chief Jim0 stated the responsbility for crossing guards has been in legislature for several years, but at the present time they have determined it is the City's responsibility. In response to query, Chief Jim0 indicated it would be acceptable for the City to provide the funds and the school district to be responsible for deciding how to contract for the service. Council approved the concept of contracting for school Casler X crossing guard service, and possibly allowing the Lewis X selection of the contract to be by the school Chick xx district. Prescott X ORDINANCES FOR ADOPTION: 6. AI3 #7295 - ZONE CODE m TO MAKE TECHNICAL CHANGES TO CHAPTER 21 .05 OF THE CARISBAD MUNICIPAL CODE. The following Ordinance was adopted: Casler X Lewis xx ORDINANCE NO. 9671, AMENDING CHAPTER 21.05 OF THE Chick X MUNICIPAL CODE TO INCORPORATE RECENT CHANGES IN TITLE Prescott X 21. 7. AB #7293 - NO PARKING ZONE. The following Ordinance was adopted: X Prescott MADISON STREET, RCOSEVELT STREET, AND GRAND AVENUE. X Chick ORDINANCE NO. 3158, RESTRICTING PARKING ON POF3IONS OF xx Lewis X Casler 8. AB #7292 - PARKING ON ROOSEVELT STREET. The following Ordinance was adopted: X Prescott PARALLEL PARKING ON THE WEST SIDE OF ELM AVENUE AND X Chick ORDINANCE NO. 31 57, a0 CHANGE ANGLE PARKING TO xx Lewis X Casler GRAND AVENUE. 92 March 1, 1983 MINUTES Page 3 (102 1 (88) (114) (114) (57) (113) (99) ORDINANCES FOR ADOPTION: (Continued) 9. AI3 #7291 - SPEED LIMITS FOR PARK DRIVE. The following Ordinance was adopted: ORDINANCE NO. 3156, To REVISE THE SPEED LIMIT ON PARK DRIVE FROM HILLSIDE TO ADAMS TO 25 MPH, AND FPDM MARINA DRIVE ?r) VALENCIA AVENUE "0 35 MPH. 10. AB #7289 - INDUSTRIAL WASTE DISCHARGE REGULATIONS. The following Ordinance was adopted: ORDINANCE NO, 7065, AMENDING TITLE 13 OF THE CARLSBAD MUNICIPAL CODE !?XI REVISE THE INDUSTRIAL WTE DISCKARGE REGULATIONS. 11, AI3 #7281 - Supplement #1 - ZONE CODE A"ENT XI REDEFINE BUILDING HEIGHT - ZCA-150 - CITY OF CARLSBAD. The following Ordinance was adopted: ORDINANCE NO. 9667, AMENDING TITLE 21 OF THE -BAD MUNICIPAL CODE TO CHANGE THE DEFINIATION OF BUILDING HEIGHT. 12. Ai3 #7288 - ZONE CODE AM3EWWC - AGUA HEDIONDA LAND USE PLAN - ZCA-159 - CITY OF CARLSBAD. The following Ordinance was adopted: ORDINANCE NO. 9670, PERMITTING INTERIM COASTAL PERMIT APPFOVAL FOR CER!I'AIN PROPERTIES NEAR AGUA HEDIONDA LAGOON. PUBLIC HEARINGS: 13. AB #7255 - 17.6 ACRE COMMERCIAL ADDITION TD PLAZA CAMINO REAI; - HUGHES INVESTFEWIS - ZC-266/PP-24(D)/SP- 187. - The City Manager stated the matter had been previously noticed and continued several times. He requested that Council withdraw this Item from the Agenda and direct staff to renotice the matter rescheduled. This is agreeable with the applicant. Council Member Lewis questioned if Parks and Recreation should look at the duck landing issue when the staff report is complete. Council withdrew the Item from the Agenda and directed staff to renotice at the appropriate time. 14. AB #7301 - TENTATIVE MAP AND PLANNED UNIT DEVELOP" - CT 82-17/PUD-45 - MANDANA CORPORATION, Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill. He used wall maps to show the offsite circulation for the area and site plan for the project in addition to a transparency showing the location of the proposed project. He stated the the main issue with this project is one of policy and whether this project meets the intent of the R-E zone. c \\b 5 %o%*r COUNCIL "0 + p, 1 MEMBERS .;t 8 + Casler Presmtt X Chick xx Lewis X X Casler Presmtt X Chick xx Lewis X X Casler Presmtt X Chick xx Lewis X X Casler Presmtt X Chick xx Lewis X X Casler xx Prescott X Chick X Lewis X I MINUTES Y7 March 1, 1983 Page 4 Mayor Casler opened the public hearing and issued the invitation to speak. Don Agatep , 2956 Roosevelt, Carlsbad, representing the applicant, addressed the Council, and asked the Council to direct staff and the Planning Comission to review the project as submitted and place any conditions and development standards deemed necessary on the project, and they will mrcply. He expressed the belief that the combination of the R-E zone and PUD Ordinance allow the flexibility for approval. In response to Council query, Mr. Agatep stated the grading would involve approximately 750,000 yards-a mnhination of cut and fill. He also stated that the eastern portion of the property was contiguous with the University of California property. Robert Sonnebrn, 3985 Stella Maris, Carlsbad, addressed the Council, speaking in favor of this project . Mr. Jim Hagaman, 5320 Sunny Creek Road, Carlsbad, addressed Council noting his opposition is to the policy issue and not to the project. He expressed agreement with the Planning Commission determination that the project does not meet the intent of the R-E zone. He then gave a history of the development of the R-E zone and read the statement contained in the zone. He also comnted on the City's representations to LAFCO at the time this property was annexed. He also read some mitigation measures mntained in the EIR on this property and expressed the opinion that this property does not meet the mitigation measures in the EIR nor intent of the R-E zone. He requested Council deny the project and uphold the R-E zone. Since no one else wished to speak on this matter, Mayor Casler closed the public hearing at 6:57 p.m. Council Member Prescott expressed the opinion that the type of housing would be appropriate for the area, but he expressed concern abut the large amount of grading and small size of some of the lots. He stated the environment in that area should be preserved. Mayor Casler indicated she liked the project, but didn't believe it should be built on this piece of land. She stated when that property was annexed, she had been one of the City representatives who went to LAFCO. In that regard, she reiterated the concern of LAFCO regarding the City's intent for the property and their interest that the property be preserved in large lots for protection of the environment in the area. Council Me&r Chick expressed opinion that the project is good. Mayor Casler stated she had received a phone call from Mrs. Grosse in favor of the project and from Mrs. Ebright in opposition to the project. The Council directed the City Attorney to prepare the necessary docurnents to deny this proposed project without prejudice and present them at the next regular Council Meeting. /\k ?A'p%$ COUNCIL /o $,% MEMBERS Z. (SI Z. Casler Chick xx Lewis X X Prescott %ti MINUTES March 1, 1983 Pase 5 - ~ ~~ (113) 15. AB #7302 - ZONE CHANGE AND SPECIFIC PLAN - ZC- 264//SP-185. Mike Holzmiller, Land Use Planning Manager, gave the staff report, using a transparency to show the locatior of the property. He used wall maps showing the areas for future development and the alternatives as contained in the Agenda Bill. He responded to questions regarding the alternatives, particularly with regard to the intersection at Highway 78. He stated that current plans shm that Oceanside will put in this intersection, and it's a decision which will be made by Oceanside. Mayor Casler opened the public hearing and issued the invitation to speak. Nick Banche, 702 - 4th Street, Oceanside, addressed the Council, representing the applicant and requested approval of the zone change. Since no one else wished to speak on this matter, Mayor Casler closed the public hearing at 7:29 p.m. The following Ordinances were introduced: (one mtion) ORDINANCE NO. 9672, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM R-1-10,oOo 733 CT(Q), R-P(Q) AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 APPFOXIMATELY .5 MILE EAST OF EL CAMIN0 REAL. ORDINANCE No. 9673, APPROWX A SPECIFIC PLAN (SP-185) FOR A COMBINATION DISTRICT (TS, 0, OS) ON 96.6 AcReS LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 APPROXIMATELY .5 MILE EAST OF EL CAMINO REAZI. (37) 16. AB #7303 - GOALS AND OBJECTIVES. Frank Mannen, Assistant City Manager, Administration, gave the staff report as contained in the Agenda Bill. Mayor Casler opened the public hearing and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed at 7:39 p.m. The Council adopted the revised Goals and Objectives and approved the revised Policy No. 27. 1 RECESS : Mayor Casler called a recess at 7:40 p.m. and Council reconvened at 7:54 p.m. with all Council Members except Council Member Kulchin present. Engineering (96) 17. AB #7304 - STOP SIGNS ON EL FUERTE STREET AT Au;A ROAD. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill. - 1 COUNCIL /\b % YL9 9 MEMBERS % %% Cas ler Lewis X X Prescott xx Chick X Casler xx Lewis X X Prescott X Chick I (72) (26) :96) Y-5 MINUTES COUNCIL /\b % %' ' March 1, 1983 Page 6 MEMBERS % %% I I1 I The following Ordinance was introduced: ORDINANCE NO, 3159, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.28.320 DESIGNATING STOP CONTROL ON EL FUERTE STREET AT ALGA ROAD 18. AB #7305 - NO PARKING ON MONROE FROM Em TO MARRON. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, The following Ordinance was introduced: ORDINANCE NO. 3160, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSW MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.40.051 TO DECLCARE: A "NO PARKING" ZONE ON BOTH SIDES OF MONrzOE STREET FROM EIM AVENUE TO MARRON ROAD. 19. AB #7306 - JAMES DRIVE ASSESSMENT DISTRICT. Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, with the aid of a transparency showing the Proposed Schedule for the project to construction. In response to questions, Mr. Kackley stated that 65 percent of the property awners were in favor of this district, but one owner of a large piece of property was against the plan. Casler Lewis Chick Prescott Casler Lewis Chick Prescott X X X X X X X X X X The Council directed staff to prepare assessment X Prescott Resolution: X Chick Drive Assessment District and adopted the following xx Lewis district documents for the establishment of the James X Casler RFSOLUTION NO, 7149, AUTHORIZING THE EXPFNDITURE OF FUNDS FOR THE FORMATION OF THE JAMES DRIVE ASSESSMELXW DISTRCT. City Attorney 20. AB #7307 - - TO BRING CARLSBAD SIGJS! ORDINANCE INTO CCMPLIANCE WITH STATE AND FEDERAL LAW. Vincent Biondo, Jr., City Attorney, gave the staff report on this item. He explained Council's previous actions regarding billboards, and recent legislations effect on existing non-conforming signs. The following Ordinance was introduced with instructions to refer the mtter to the Planning Comission for report and recommendations: ORDINANCE NO. 9674, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO BRING THE PROVISIONS OF THE CARLSBAD ZONING ORDINANCE PERTAINING TO REGULATION OF SIGNS Casler Lewis Chick Prescott X X X X X INTO CONSISTENCY WITH CHAPTER 494 OF THE CALIFOFWIA STATUTES OF 1982. b MINUTES (103) (28) (94) (76) (78) YY \\b 5 ?A+%< March 1, 1983 COUNCIL "0 A+ p/ 1 Page 7 MEMBERS Z. tp Z. City Council 21. AB #7296 - TRAFFIC SAFETY COMMISSION APFOIN?MENT. The following Resolution was adopted: X Prescott cARI;sBAD TRAFFIC SAFETY COMMISSION, APPOINTING X Chick RESOLUTION NO. 7 1 45, APPOINTING A MEMBER TO THE X Lewis xx Casler MARY MELIDEO. 22. AB #7308 - HOUSING AND REDEvELx>pMENT ADVISORY CCMMImE APFOllVDEKE. Mayor Casler announced her intention to reappoint the three present merhrs whose terms are expiring, to the Carlsbad Housing and Redevelopment Advisory Comnittee. 23. AB #7309 - PARKING AUTHORITY APPOINTMENT. Mayor Casler announced her intention to reappoint Mr. Lewis Chase to the Parking Authority. 24. AB #7310 - PLANNING CCllMISSION APPOINlMENTs. Council briefly discussed and agreed to honor the request of Comissioner Jose to serve through June. With regard to the other vacancy, Mayor Casler asked the Council Members to return to the next meeting with recommendations for appointment. 25, AB #7311 - CONTRIBUI'ION TO REW24RD FUND MIR SLAIN SAN DIEGO POLICE OFFICER. Council Menber Lewis stated he asked for this item to be placed on the Agenda due to the seriousness of the matter and his concern about ensuring the capture of the responsible person, Council Members Chick and Prescott expressed syrpathy, but indicated it may set a precedent where the City would be asked to contribute to every reward fund in the future. Mayor Casler indicated a small contribution may be appropriate. The matter was continued to the next regular meeting Casler xx to allow a vote of a full Council. Lewis X Chick X Prescott X Council Reprts : Parks and Recreation Commission Council Member Lewis gave a report on the recent meting, I SANDAG ~ Mayor Casler asked for a volunteer to serve on the Outer Continental Shelf Task Force, and Council Menher Prescott volunteered to serve on this Connnittee. ~ ~ L %% MINUTES (97) (62) March 1, 1983 Page 8 Mayor Casler reported on AB 4, and SANDAG'S propsed amendment. Senior Citizens Mayor Casler gave a report on the recent meting. JAC Mayor Casler gave a report on the recent 96 Storm Reprt The City Manager gave a report on the recent stom damage. - OFF AGENDA ITEM ~ _~~. Alga Road I Council agreed to consider an off agenda item on Alga Road at the request of the City Manager. The City Manager distributed a copy of an Agenda Bill and gave a report on same with recomnded action. The Council authorized the City to proceed to construct four lanes of pavement on Alga Road east of El Camino Real and directed the City Attorney to prepare a reimbursement agreement with Daon Corp. Legislation Council agreed to add to the Agenda the matter of Proposed legislation regarding LAFcO annexations. Council Menber Prescott reported on the three legislative bills which pertain to methods for allowing LAFcO to continue processing annexations prior to adoption of spheres of influence for all agencies. He suggested the City should support one of the bills. Council referred the matter to staff for review of the three bills, and authorized the Mayor to send an appropriate letter of support based on staff's review and recomndations. CLOSED SESSION: I Council adjourned at 9:lO p.m. to a Closed Session. Mayor Casler announced that litigation would be discussed. Council reconvened at 9:44 p.m. with four Council Members present and Council Menber Kulchin absent. Mayor Casler announced that litigation had been discussed and no action taken. MEMBERS COUNCIL \Y %?$, Z. %j 8 p/ Z. Casler X Prescott X Chick xx Lewis X Casler xx Prescott X Chick X Lewis X Casler X Prescott X Chick X Lewis xx Casler xx Prescott X Chick X Lewis X ., c YL MINUTES March 1, 1983 Page ADJOURNMENT: By proper mtion, the meeting was adjourned at 9:45 p.m. to Friday, March 11, 1983, at 2:OO p.m. in the Council Chambers. Respectfully submitted, LIh!Au 2 dl- ALETHA L. RAUTENKRANZ i -7 City Clerk Harriett Babbitt, Minutes Clerk COUNCIL \\b 5 %pw "0 $p, 9 MEMBERS Z. tp .rt