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HomeMy WebLinkAbout1984-09-18; City Council; Minutes. - 0 MINUTES Meeting of: CITY CrlUNCIL (Regular Meeting) Date of Meeting: September 18, 1984 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL p$ MEMBERS % CALL ?o omm: The Meeting was called to order by Mayor Casler at 6:02 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Chick and Prescott. Absent: Council Member Kulchin. I INVOCATION was given by Rector Douglas Wooaridge of St. Midael' s Episcopal Church. PLEDGE OF ALLEGIANCE was led by Council Menher Prescott. APPRcrvAL OF MINUTES: Minutes of the Adjourned Regular Meeting held August Casler 28, 1984, were approved as presented. Lewis Chick Minutes of the Regular Meeting held September 4, 1984, Prescott were approved as presented. Mayor Casler announced that a letter had been received from the applicant, Native Sun, requesting Item #18 be continued until a full Council is present. Council concurred with the request and continued Item #18 until October 2, 1 984. Council Member Chick announced that Mr. Greer requested Item #21 be continued since it has not yet been ratified by San Wrcos. Mayor Casler announced Item #21 would be continued until further notice. CONSENT WENDAFk Council anfirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: I Council waived the reading of the text of all ordinances and resolutions at this meeting. Casler Lewis Chick Prescott I (50) 1. AB #7874 - RATIFICATION OF DENANDS AGAINST THE CITY. - Council ratified the payment of demands against the City in the amount of $782,160.10, for the period August 31 to September 13, 1984; Payroll demands in the amount of $325,716.66, for the period August 27 to September 9, 1984: and Housing demds in the amount of $4,478.84, for the period August 31 to September 13, 1984. ( 78) 2. AB #7875 - ALCOHOL AND DRUG ABUSE PRmTENTION TASK FORCE REQUEST FOR SuppOIzT. Council adopted RESOLUTION No. 7736, expressing support of the Alcohol and Drug Abuse Prevention Task Force. 294 I c 3 \ b 2 3 3 K s b 5% + &f (81 1 (74) (101 1 (40) (45) (40) (45) (91 1 (97 1 (74) 0 MINUTES 0 September 18, 1984 Page 2 CONSENT CALEiNDAR: (Continued) 3. AB #7876 - ACCEPTANCE OF PORTION OF RIGHT OF WAY - BUENA VISTA WAY. Council adopted RESOLUTION NO. 7737, accepting a grant deed for sanitary sewer line purposes. 4. AB #7877 - SALARY RANGE Aasus?MENT. Council adopted RESOLUTION NO, 7738, amending the miscellaneous employee classification and salary range schedule for Aquatic Supervisor. 5. AB #5397 - Supplement #5 - REQUEST FOR RATE INCREASE - YEILL37 CAB COMPANY OF SAN DIEGO, INC, Council adopted RESOLUTION NO. 7739, amending Resolution No. 5376, as amended by Resolutions No. 5408 and No. 6236 and No, 6998, issuing a certificate of mnvenience and necessity to Yellow Cab Company of San Diego, Inc., to revise the schedule of fares. 6. AB #7878 - HEATING AND AIR CONDITIONING SYSTEM IN COUNCIL CHAMBERS - P-CT No. 001-84. Council adopted RESOLUTION NO. 7740, accepting bids and authorizing the execution of mntract no, 001-84 for the replacement of the heating/cooling system in the Council Chambers. 7. AB #7727 - Supplement #I - HEATING/AIR CONDITIONING UNIT IN CITY HALL - PROJECT NO. 002-84- ~ ~~ ~~- - --- --- ~~~~- Council adopted RESOLUTION 7741, approving plans and specifications, and authorizing the City Clerk to advertise for bids for replacing heating/air conditioning system in City Hall. 8. AI3 #6079 - Supplement #15 - SCHOOL FEES IN THE SAN MARCOS SCHOOL DISTRICT. Council adopted RESOLUTION No. 7742, amending Resolution 5580 revising the amount of fees to be required as a mndition of approval for residential development within certain areas of the San Marms Unified School District, 9. AB #6079 - Supplement #16 - SCHOOL FEES IN THE SAN DIEGUITO SCHOOL DISTRICT. Council adopted RESOLUTION No, 7743, amending Resolution 5998 revising the munt of fees to be required as a mndition of approval for residential development within certain areas of the San Dieguito Union High Scplool District. 10. AB #7879 - MENDING THE CLASSIFICATION AND MISCELLANMXJS SALARY PLAN. Council adopted RESOLUTION No. 7744, amending the classification plan of the City to include the classification of Police Records Clerk I and Police Records Clerk 11, I 29Q T - S% MEMBERS COUNCIL \\\\\ 3 % %' %% % ? - MINUTES - September 18, 1984 Page 3 CONSENT m: (Continued) ( 63) 1 1 . AB #7545 - Supplement #2 - LITERACY GRANT CONTINUATION. Council adopted RESOLUTION NO, 7745, approving library participation in Tri-City Literacy Coalition application for CLSA grant to fund continuation of literacy program, and authorizing expenditure of funds upon receipt of award. ORDINANCES FOR INTl?f)DUCTION: (99) ' 12. AB #7871 - Supplement 81 - MASTER PLAN, TENTATIVE (113) MAP - KELLY RANCH - MP-l74/CT 83-30. Mr. Wayne Callaghan, 18002 Skypark Circle, Irvine, had requested to speak on this item, and was recognized by Council. Mr. Callaghan referred to page 13 of the Agenda Bill, #6, the last word of that sentence, which should read "signals" instead of "signs". Mr. Callaghan stated the applicant was satisfied with all the oonditions with the exception of 31A. He referred to the proposed wording on page 5 of the Agenda Bill and the wording of the oondition as written by the City Attorney on page 3 of the Agenda Bill, stating either one would allow the City to decide whether or not to go ahead with the extension of the road, However, Mr. Callaghan felt that the wording on page 6 would provide the builder mre incentive to explore the alternative. He asked the Council to accept the developer's language oontained on page 6 per Condition 3 lA, Mayor Casler read from the Council Minutes where this item was discussed and again reiterated the matter would need to be studied. She felt City Attorney Biondo's wording of the condition reflected the intent of Council discussion as oontained in the Minutes. Council Member Lewis agreed that what is best for the conununity is what should be provided, and he ooncurred with the Attorney's mrding. Council Member Chick also concurred. Council introduced the following Ordinance and adopted the following Resolution: ORDINANCE NO. 9735, AIX)PTING A WTER PLAN FOR "IE KELLY RANCH ~P~ COJSlTAINING 433 ACRES ON PROPm GENERALLY LOCATED -EN 'IHE EASTERLY EDGE OF AGUA HEDIONDA LAGOON AND EL CAMINO REAL IN 'IHE P-C ZONE. RESOLUTION NO. 7750, APPR(JvING WITH CONDITIONS A 20 LOT MASTER TENTATIVE C" CI' 83-30 FOR THE KELLY RANCH MASTER PLAN AREA (XJ 433 ACRES OF PROPERTY GENERALLY LOCATED BETWEEN THE EASTERLY EDGE OF AGUA HEDIONDA LAGOON AND EL CAMINO REAL; with staff wording on 31A. I d9a -r COUNCIL ~~ *% % %%$ MEMBERS Z. @ Z. t Casler Chick xx Lewis X X Prescott X Casler Chick xx Lewis X X Prescott X 0 0 MINUTES September 18, 1984 Page 4 I I' I PUBLIC HEARINGS: I l(57) KELLy. 13. AB #7880 - GENERAL PLAN AMENDMENT - GPA/W 84-8 - I I Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as mntained in the Agenda Bill, using a transparency to show the site, I Mayor Casler opened the public hearing at 6:22 p.m. and issued the invitation to speak. Mr. Wayne Callaghan stated he was available for answering any questions. Since no one else wished to speak on this item, the public hearing was closed at 6:23 p.m. Council directed the City Attorney's office to prepare documents approving GPA/LU 84-8. questions (1 08) 14. AB #7881 - APPW OF PLANNING COM"SSI0N DENLAL OF A VARIANCE - V-361 - ATLANTIC RICHFIELD. Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill, using transparencies to shm the site and the type of sign being requested by the applicant. The sign would be 46 square feet rather than 32 as stated in the Agenda Bill, and is a mnument-type sign. He noted the maximum allowed under the existing ordinance would be 16 square feet. Mr. Holzmiller stated that when the Ordinance was drawn up, the Council was concerned about the signing at service stations in the City. The amendment to the zoning code established a miteria for pricing si.gns that all stations would have to mnply with, and when that was passed, all stations were required to remve the illegal signs. Mr. Holzmiller said staff and the Planning Comnission felt this issue had been resolved and signs would be restricted to 16 square feet. He said both reconmended denial of this request, but were encouraged by the fact that the existing pole sign would be removed and a mnument sign used to replace it. Mayor Casler apened the public hearing at 6:28 p.m. and issued the invitation to speak. Mr. C. Samuel Blick, Attorney, Fairbanks Ranch Plaza, Rancho Santa Fe, representing Atlantic Richfield Corporation, addressed Council, stating they were, in fact, requesting a variance to decrease the total signage. He stated they have a 25 foot pole sign existing today lawfully, and could also have two addition 16 square foot mnument signs. What they were requesting was only me mnent sign for a total area of 42 square feet for pricing and identification. He urged the Council to look at the unusual situation and approve the variance. I 2w I COUNCIL \\k % %?&%? MEMBERS Z, 8 Z. Casler X Prescott X Chick xx Lewis X - -e - I ~ l e 0 MINUTES September 18, 1984 Page 5 In response to Council query, Mr. Blick used wall &arts to show the location of the station at the mrner of La Costa Avenue and El Camino Real, and the location of the existing pole sign. He stated the proposed mnmnt sign muld be in the location of the existing pole s ign . ! In answer to query regarding signs being lighted, Mr. Blick stated the 85 foot pole sign is lighted and the monument sign wuld be lighted. Council Member Chick asked whether the sign would be a problem with obscuring the view at that corner, and Mr. Blick stated the existing landscaping would have to be trimd to see the new sign. Mayor Casler stated her preference for the mnument type of sign rather than the large pole signs. She expressed her opinion that the ordinance should be changed to encourage mnument signs. Council Member Lewis asked if there were any monument signs in the vicinity of this size and type which Council could see. Mr. Blick responded in the affirmative and stated he would provide Council with a list of locations. Since no one else wished to speak on this item, the public hearing was closed at 6:39 p.m. Council Member Chick stated his concern abut the signing in town and agreed with Council Member Lewis that he would like to see some of these signs. He felt Council should look at ways to strengthen the sign ordinance and step up enforcement. Council Menher Chick asked whether the requested sign needed to be quite that large, and stated he would like staff to look into that. Council Me-r Prescott stated that any change that reduces the signage is a benefit to the City. He concurred with the thought of changing the Ordinance. Motion was made by Council Member Lewis and seconded by Council Member Chick to postpone this item until Council goes out to look at the signs and staff mmes back with a reprt on the reduction of the sign size, using this concept. Motion and second were withdrawn. City Attorney Vince Biondo stated the Council should dispose of the variance, and if they want to amend the Ordinance, take action accordingly. Council directed the City Attorney to prepare documents denying V-361. Mike Holzmiller stated his understanding of Council discussion was directing staff to look at two things. If signs on property are mnsolidated into one and a pole sign is eliminated, perhaps the Ordinance should allow more square footage than now. Secondly, the problem of haw large the allowed mnument sign should be is another concern. 2 9n I MEMBERS COUNCIL \F %?$, .;t x? 6 ‘p, Z. Casler X Prescott X Chick xx Lewis X - 0 0 MINUTES September 18, 1984 Page 6 (114) There was a discussion whether this should be sent to Planning Corranission with direction as to Council's posture. The time element was brought up, and the fact that if it were referred to Planning before Council, that there muld be a considerable delay of possibly three mnths. Mayor Casler said she thought the Council wanted to rrake this determination, and it auld be done in mch shorter time. Mike Holzmiller stated if the report were to mme back to the Council, this could then be referred to Planning Comnission and the applicant would have some idea of whether Council intended to pursue an amendwnt. Council directed staff to reprt back to the City Council within thirty days regarding the amendment to the Ordinance, with such amendment being processed before the Planning Conmission at the same time. 15. AB #7870 - ZONE CODE AMENlxlIENT REGULATING FAMILY DAY CARE HOMES IN THE R-1 ZOME - ZCA-171. ~~~~ . . Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as mntained in the Agenda Bill, explaining the three mjor features of the amendment. He referred to a letter dated September 17, 1984, copies of which were supplied to the Council Members, cmntaining a request from the Oak Avenue Family Learning Center. Council Memkers determined loading and unloading of children nust be done with the cars pulled off of the street. where six or fewer children are cared for, the City muldn't require approval-since our definition of a family in the zoning ordinance allows up to six people as a single family unit. Staff stated that monitoring would be done by the issuance of licenses through the State and through permits by the City. Mayor Casler opened the public hearing at 6:59 p.m. and issued the invitation to speak. Mrs. Renetta Asaro, 1258 Oak Avenue, spoke as one of the signers of the letter to Mayor Casler regarding Oak Avenue Family Learning Center, requesting the operating of a day care facility in an R-1 zone without the owners residing on the premises, and in addition, that mre than twelve children be allcwed at the school. She added that the expense of space in Carlsbad precludes the small owner mmpeting with the developer for property or lease fees. Mrs. Asaro asked that this type of facility be considered on an individual basis. Since no me else wished to speak on this item, the public hearing was closed at 7:Ol p.m. Mike Holzmiller added that the above suggestion by Mrs. Asaro was not part of the State law. The State law provides that the operator mst actually occupy the residence. Staff would be apposed to remving that stipulation. & 89 I COUNCIL \b S% % ?$%$ MEMBERS Z. 8 2. ( Casler X Prescott X Chick X Lewis xx ~ - 0 0 MINUTES September 18, 1984 Page 7 ~ ~~ ~~ ~~~ ~~ The question was raised as to whether Council should set an upper age limit and whether the nunher of children to be cared for muld be hanged in residential zones. Consensus of opinion was to favor the ordinance as submitted. The City Attorney stated if the age limit is not covered in the State Law, staff will infom. the Council when the Ordinance is brought back. Council introduced the following Ordinance: ORDINANCE No. 9731, AMENDING TITLE 21 , CHAPTERS 21 -04, 21.10 AND 21.12 OF "IE CARLSBAD "NICIPAL CODE, BY THE ADDITION OF SECTIONS 21.04.086, 21.04.106, 21.04.107, 21.10.010(11) AND 21.10.010(12) AND THE DELiGTION OF SECTION 21.12.050(4) To PROVIDE FOR FAMILY DAY CARE HOMES. (1 14) 16. AB #7882 - ZONE CODE AND SPECIFIC PLAN AMENDMENT - (113) ZCA-174/SP-I9(B). Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill. Mayor Casler opened the public hearing at 7:12 p.m. and issued the invitation to speak. Mr. Don Stewart, 5500 Paseo Del Norte, addressed Council representing Car Country as President of Car Country Dealers Association. He stated that when economics forced dealers to handle mre than one franchise, a sign was required for each new franchise. That sign is supposed to be an individual pole. Mr. Stewart asked that mre flexibility be allowed in the amendment, adding that the 10% will not do the job. Mr. Stewart felt the signs in Car Country were not offensive and he added no one there would ever request a sign that would be unattractive. In answer to query, Mike Holzmiller stated at the ends of the lots the signs auld be less than the stated footage of 200 feet. Mr, Richard Osburn, Carlsbad, addressed Council, stating he felt each case should be considered on an individual basis. Since no one else wished to speak on this item, the public hearing was closed at 7:21 p.m. Council Member Prescott stated he would like to see flexibility and would opt for a case by case basis. City Attorney Vince Biondo stated it was a policy question of haw many signs the Council wanted to allow. am c COUNCIL \h ST9 % %%q MEMBERS % @ Z. ( Casler X Prescott X Chick xx Lewis X - e 0 MINUTES September 18, 1 984 Page 8 Mike Holzmiller reiterated there muld be a 10% deviation allowed per the Planning Connnission amendment. After a discussion, it was determined this amendment would affect probably three of the dealers in Car Country. Council Member Lewis stated mre dealerships will be coming on line and he felt Council should determine what would happen. Mayor Casler stated she wanted staff to investigate this and corn up with an equitable solution. Council continued this item for further study by staff, and a report back to the Council. Mayor Casler stated the intent of Council was to allow more pole signs within reason in Car Country. On those existing lots, there is a limitation as to the n&r of franchises that can be accomrrrodated, and she felt three signs would be too my. If staff determined the number of feet apart and not to exceed "x" number on a lot, she thought that was the kind of reprt Council was looking for. Mike Holzmiller stated if the amendment was made for Car Country, the same opportunity would be available for other comercia1 properties to request, and that should be considered, since this muld be an amendment to the zoning ordinance for all comrcial properties. The possibility of designating the amendment for Car Country only was discussed. ! Mayor Casler suggested some standards be set, such as size, shape, etc., to give some uniformity. DEP-AL AND CITY MANAGER REpoIiTs: City Manager (86) 17. WQWST To SPEAK BY STEVE CIUTRZO. Mr. Steve Cilurzo, 3100 Ocean Street, had requested permission to address the Council regarding the noise in the parking lot where he lives. Mr. Cilurzo lives close to the beach and stated the mise from radios is irritating to the nearby residents. This noise occurs late at night, interrupting the sleep of the neighbors, and felt there should be a sound decibel limit for certain hours of the day. He suggested that signs be posted, giving the Police the right to cite those breaking the laws. Mr. Cilurzo had a aopy of the San Diego Ordinance which he left for Council and requested consideration of such an ordinance in Carlsbad. 229 1 COUNCIL \B %PA /o $,% MEMBERS Z. 8 $ Casler X Presmtt xx Chick X Lewis X I \ % 9 - 0 a MINUTES September 18, 1984 Page 9 I Mr. Richard Osburn, 3100 Ocean Street, the apartment Manager, spoke confirming what Mr. Cilurzo had said, and telling of incidents where the beach goers climb over their fence and into their pool, getting very nasty when asked to leave. Police Chief Jho addressed the Council, stating the beach and the parking lot belong to the State, and the parking lot is supposed to close at 1 1 :00 p.m. He stated the Carlsbad Police Department does try to close the parking lot and do stay very visible in that area. He also suggested that the warm weather this surtuner has created mre problems than usual, and expressed willingness to review the Ordinance and report back to Council. Council Member Chick stated he was there during one disturbance, and reported on the open hostility and expressed mncern. He also suggested that traffic flow be examined in the area. Mayor Casler remmnded the Police Chief investigate this matter and make a reconmendation and corn back to Council with a report. Council directed the City Manager to study this problem at the beach, and alternative solutions, and prepare a report and remnnnendation to help mntrol the noise and altercations. RECESS: Mayor Casler declared a recess at 8:OO p.m. and Council re-convened at 8:lO p.m., with four Council Menbers present. City Attorney (.108) 18. AB #7819 - Supplement #2 - NATIVE SUN VARIANCE - V-- 357. This item was continued to October 2, 1984, to be heard before a full Council. - Utilitieshaintenance (110) 19. AI3 #7472 - Supplement #2 - CONSTRUCTION METERS AND WATER RATES. Roger Greer, Director of Utilitiesfiaintenance, gave the staff report as contained in the Agenda Bill, and in answer to query of Council regarding the amount of increase, stated the Department was trying to &arge the cost of providing the service. JQL I COUNCIL /\K % %' 9 MEMBERS % s% Casler X Presmtt X Chick X Lewis xx ~ \ { 0 0 MINUTES (111 1 (9.22 (45) (60) *% COUNCIL \\\\\ %9 /o +@ST A Septer 18, 1984 Page 10 MEMBERS 2. J, Z. Council introduced the following Ordinance and Casler xx Lewis adopted the following Resolution: X X Presmtt ORDINANCE NO. 4017, AMENDING TITLE 14, CHAPTER 14.16 OF X Chick THE CARLSBAD "NICIPAL ODE BY THE - OF SECTION 14.16.130 AM) By ME ADDITION OF SECTION 14.16.140 n3 ESTABLISH A FEE FOR NCN-PA- OF WATER BILLS. !3EsoLtlTION No. 7747, REVISING WAm RATES AM> ClHARGES. Casler X Lewis Chick xx X Presmtt X I 20. AB #7883 - RECLAIPED WATER RATE. Roger Greer, Director of Utilitieshaintenance, gave the staff report on thia item as mntained in the Agenda Bill, and answering Council questions as to how the water rate was determined. Council introduced the following Ordinance and adopted Casler the following Resolution: Lewis ORDINFNCE NO. 4018, AMENDING TITLE 14, CHAPTER 14.04 OF Presmtt X X Chick xx X THE WBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 14.04.010 (1 5) TO PROVIDE EOR THE DEFINITION OF "WATER" . RESOLUTION NO. 7748, ESTABLISHING A FECLAIMED WATER Lewis RATE. Casler X X Chick X Presmtt xx 21 . AB #7158 - Supplement #8 - 'IWENTY-SEVENTH SUPPLEPENT To THE BASIC AGRE-. This item was mntinued until approved by San Marms. City Manager 22 . AB #6818 - Supplement #1 - RENEMAL OF PIIOPEm AND EXCESS LIABILITY INSURANCE. Assistant City Manager Frank Mannen gave the report on this item as mntained in the Agenda Bill. Council adopted the following Resolution: Casler Rl3SOLUTION NO. 7751, AUTHORIZING RENEWAL OF THE CITY'S Chick X Lewis X xx X PmPm AND EXCESS LIABILITY INSURANCE. Presmtt r,OC 0 0 MINUTES - September 18, 1984 Page 11 COUNCIL REPORTS : LAFCO Council Member Presmtt reported on the recent three- day meeting at Sacramento, Parks and Recreation Conmission Council Member Lewis reported on the Parks and Recreation Conmission meting held September 17. CLOSED SESSION: Council adjourned at 8:54 p.m. to a Closed Session. Mayor Casler announced that litigation would be discussed, Council re-convened at 9:14 p.m., and Mayor Casler announced that litigation was discussed and no action taken, AaTouRNMENT: By proper mtion, the meting was adjourned at 9: 15 p.m. Respectfully submitted, ($&* '4.4- ALEmA L. RA-z City Clerk Harriett Babbitt Minutes Clerk nQ 1) - *% MEMBERS COUNCIL \# % Z. ?&7 (~r Z.