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HomeMy WebLinkAbout1973-10-18; City Council; MinutesCITY OF CAP‘ \,VG C,F3/ja3> cs:’,,,YLI”~.., -/- t\ir v ’ \.z.y.-!:tMIY Neeting of: CITY COUNCIL (Adjourned Regul.ar Meeting) \::/!* ;;., >- > Date of Meeting: October 18, 1973 &! rl, : ” ’ d\‘;-. . . Time of Meeting: 5:30 P.M. Place of Meeting: Council Chambers ,.,..., :,% . ’ - ’ . ! ’., ”- * i:.,- - ( \-, * 1. .. ._ u \>,:,j - Z.5-0 9,” . t i) , 0 1- n--:I).s-, ”,’ . ROLL CALL: ‘ The fo.llowing items were continued from the X Present Councilman McComas arrived at 5:34 P.M. X Present Absent ,regular meeting of October 16, 1973 and are listed by . item number from that Agenda. ’ 7- DEPARTMENTAL REPORTS: C. Public Works. r.1061 .2. Agenda Bill #.2781. Revision of Chapter 11.08 regarding Underground Utility Districts. The AGting Director of Public -Works informed the Coun- cil he had inadvertently requested this matter be con- tinued to the regular meeting of November 7, 1973. He further informed the Council that Mr. Harry Truax, the Chairman of the Underground Advisory Committee was in the audience and prepared to make a presentation this eveni ng. The City Council agreed to discuss this matter and Mr. Harry Truax made a report on the findings of the Underground Advisory Committee and further explained the reason for Agenda Bill ii’2181 and 2182. Questions were directed to Mr. Truax by the Council . and following discussion, Ordinance No. 7041 was . given ti first reading by title only: Ordinance No. 7041.. AN ORDINANCE O’F THE CITY COUNCIL Motion OF THE CITY OF CARLSBAD, CAL.IfORNIA AMENDING TITLE 11 Ayes CHAPTER 11.08 OF THE CARLSBAD.MUNICIPAL CODE ‘BY AMEND-IN$ SECTIONS 11.08.030 AND 11.08.060 REGARDING UNDERGROUND . UTILITY DISTRICTS. r.1061 3.. Agenda Bill #2182. Underground Advisory - Committee Proposed District 83, from 1-5 to Highland Drive on Elm Avenue. a This matter was reported on by Mr. Truax, in connection with Agenda Bill f2181 and discussed by the Council at that time. The following Resolution was adopted by title only . with further. reading waived: ” Resolution No. 3248. A RESOLUTION OF THE CITY COUNCIL OF UNDERGROUND DISTRICT i’40 . 2 TO HIGHLAND DRIVE. RIG!iT OF WAY LINE OF IMTERSTATE 5 AND THE EAST BOUNDARY GROUND UTILITY DISTRICT ON ELM AVENUE FROM THE EASTERLY SAFETY 0.R WELFARE REQUIRE THE FOi?MP,TION OF AN UNDER- PUBLIC HEARING TO DETERMINE MHETHER THE PUBLIC HEALTH, 11.08 OF THE CARLSBAD MUNICIPAL CODE AND CALLING A INTENT TO INITIATE PROCEEDINGS PURSUANT TO CHAPTER Ayes OF THE CITY OF CARLSBAD, CALIFORNIA,.’EXPRESSING ITS Motion - * t ; D $ I 1. ! j !I! 0’ e CITY OF CA*l?LSBA -2- October 18, 1973 1 I C991 5. Agend.a Bill #2105 - Supplement #l. Regarding Final Map for La Costa Vale #2 - Carlsbad Tract #72-20. A staff report was given by the Acting Director of Public Works, informing the Council that d4-scussions have been held with La Costa regarding Traffic Signali- zation and park sites. He discussed, at length, the need for a traffic signal at El Camino Real and La Cost Avenue and stated the C.ounty of San Diego is willing to enter into an agreement which would provide the City with 50% of the cost of the traffic signal. He stated the remaining 50% should be provided by La Costa Land Company, La Costa Vale, Unit #2. He informed the Coun- ci-t the P.arks and Recreation Director was prepared to make a staff presentation on park sites. The Parks and Recreation Director presented an exhibit 0.f park sites in the La Costa area and stated La Costa is in agreement with the site dedication requirement. The City Attorney informed the Council that under. the Master Plan Ordinance in conjunction with the first final map in the P-C zone for La Costa, the City Coun- cil must enter into an agreement scheduling a dedicatio of a.11 of the rest of the neighborhood parks which was the basis upon which the Council approved the original La Costa Master Plan. The Council also heard from Mr. Fred Morey, representin La Costa, who informed the Council they are in agree- ment on park sites and will agree t.0 a deposit of $22,000 for traffic signalization if the Council feels it is necessary for approval of the Final Map. Lengthy discussion was held by the Council, with questions being answered on parks by the Parks and Recreation Director and questions on Traffic Signaliza- tion by the Acting Director of Public. Works. The City Attorney explained the agreement on parks in three parts with comments interjected by the Parks and Re- creation Director. No further discussion was held and the following Resolution was adopted by title only. with further reading wai’ved: Resolution No. 3249. A RESOLUTION OF THE CITY ‘COUNCIL OF THE CITY OF CARLSBAD, CALIF.ORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LA COSTA LAND COMPANY TO PROVIDE FOR THE SCHEDULING OF THE DEDICATIOl OF PARK LAND BY LA COSTA IN COMPLIANCE WITH ORDINANCE NO. 9322. . A motion was ‘made that the dedication of land be re- quired in satisfaction of the park requirements of . Chapter 20.28 of the Carlsbad Municipal Code for CT 72-20; the land to be a parcel of approximately 13+ acres i,n size and identified as lot 272 of CT 72-2( any part of the land in excess of the park requirement for the final map of Unit 2 of CT 72-20 will be avail- able to satisfy’the park requirements for the remain- ing units of CT 72-20. - v 3 i GOUNCOLM Y 0 e CITY OF CARLSBAD -3- October 18, -1973 Further, a motion ‘was made that the Final Map for Carlsbad Tract 72-20, Unit #2, be approved subject to conditions contained in Resolution No. 3129 and subject to payment of all applicable fees and deposits includin park fees and. that the amount of $22,000 be deposited for the installation of an electrical traffic signal at the intersection of El Camino Real and La Costa Avenue and that said funds be held by the City in trust and utilized, if necessary; credited in final total to la Costa signal light contribution or requirements and that said funds be held until such time as a policy is adopted on traffic signalization by the City Council The Council concurred in their understanding of the motion that the monies would be deposited by La Costa for tr-affic signalization purposes to be credited again their ultimate obligation for traffic signalization for all of La Costa; to be determined in accordance with such traffic signalization policy as may be adopted by the City Council. A further motion was made authorizing the Acting Direc- the County of San Diego regarding an agreement for traffic signals at El Camino Real and La Costa Avenue. , tor of Public Works to proceed with negotiations with ~ C C931 6. Agenda Bill #2183. Leucadia-Encinitas- Carlsbad Sewer Agreement for La Costa Boulevard from I the AT&S’F Railway to Carlsbad Boulevard. 1 The Acting Director of Public Works explained to the Council that a condition of the annexation of Lanikai Mobile Home Park was that the Park connect to the City sewer system. City sewers are not available in the area at this time and it appeared an economical and feasible solution to serve the Park.would be to over- size a portion of the Leucadia-Encinitas trunk line which is presently under construction. All costs would be borne by Lanikai Mobile Home Park. The Acting Dir- ector of Public Works referred to a letter to Leucadia County Water District from Mr. Jack Robinson, owner of Lani kai Mobile Home Park, dated March. 30, 1973, request ing connection as a hardship case. He further informed the Council a deposit of $5,500 has been made by Mr. Robinson to reimburse the City of Carlsbad for charges made by the Leucadia County Water District. Mr. Robins enclosed his -check with a letter dated October 15, 1973 u,nder the letterhead of South Shores Development Corp., stating the sewer connection fee was being-paid under protest. I I CQUNCILM! Motion Ayes t Motion Ayes In Lengthy discussion ensued by the Council and the City Attorney stated he had discussed this matter with the Acting Public Works Director and advised him that it was his feeling an’agreement shou‘ld be drawn. Following further discussion, itwas moved that authori- Motion zation be given the Mayor and City Clerk to execute Ayes an agreement with Leucadia County Water District subject to obtaining an agreement from Mr. Jack R. Robinson, owner of Lanikai Mobile Home Park to r.escind his protest. It was explained that the City of Carlsbad has made every effort to accomodate Lanikai Mobile Home Park in their request for sewer connection. I ?J,\Ct? :cyz! : QJAT A&$ piie.3. -;“-s;g \i\ hh CITY OF CAF?!-..:dPJ) C." '7 -4- r- 0 0 W' 1 October 18, 1973 -" P 1 8- ORDINANCES FOR ADOPTION: I The fol lowing Ordinances we're given a second reading by title only and adopted: I OF THE MUNICIPAL CODE BY GRANTING A-CHANGE OF ZONE FROM R-1 TO RD-M (Residential. Density-Multiple) ON PROPERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO CANNON. ROAD, APPROXIMATELY 50 FEET EASTERLY OF THE INTERSECT10 OF EL ARBOL DRIVE AND CANNON ROAD. (Cannon). I [1l.3] B. Agenda Bill itu2158. Ordinance No. 9364. AN ORDINA'NCE OF THE CITY COUNCIL OF'THE CITY OF CARLS- I BAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL P-C (Pqanned Community) ON APPROXIMATELY 4.4 ACRES OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF ELM AVENUE (EXTENDED) EASTERLY OF EL CAMINO REAL. (Larwin) CODE BY GRANTING A CHANGE OF ZONE FROM .R-A-10,000 TO [113] C. .Agenda Gill #2160. ,Ordinance No. 9365. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLS- I BAD, CALIFORNIA, AMENDING ORDINANCE NO. 9332 WHICH ADOP' ED A MASTER PLAN FOR 853 ACRES OF LAND LYING SOUTHERLY AND NORTHERLY OF PALOMAR AIRPORT ROAD AND APPROXIMATELY TWO MILES EAST OF EL CAMINO REAL AND KNOWN AS THE .CARRILL0 RANCH, BY THE AMENDMENT OF SAID MASTER PLAN AND BY THE ADDITION OF CERTAIN CONDITIONS OF APPROVAL. [113] D. Agenda Bill #2143. Ordinance No. 9362. BAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL AN ORDINANCE OF THE CITY COUNCIL OF- THE CITY OF CARLS- CODE BY GRANTING A PREANNEXATION CHANGE OF ZONE FROM COUNTY E-1-A TO CITY OF CARLS.BAD P-C (Planned CommunitJ TO ALLOW A POSSIBLE 400-UNIT RESIDENTTAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED EAST OF LOWDER LAND, LANE. (Pacesetter Homes). MIDWAY BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA I 9- CONSENT CALENDAR: L The following items were approved by one motion affirming the actions of the Consent Calendar: A. Agenda Bill #2184. Correspondence -Advisory E621 1. The letter from the League of.Women Voters and summary of pros and cons regarding Proposi- tion #1, was acknowledged and ordered filed. C621 2. The letter and Resolution from Savings and Loan Clearing Association opposing Slow Growth Ordinance proposed by the Sierra Club was acknowledged and ordered filed. I [37] 3. The letter from Mrs. D. C. Bowen con- gratulating the City on quality of the Quarterly News- letter, was acknowledged and ordered filed. . 1 CC1$.jCIL;,.,; \C\*.?! r*.T & ., 5 1 -- $ .y i .. c,i.!;. \:?..,\, \ ___ 3""' - 'y\, . ,-.? '.' ~ . . ,- &. ., <-- . . :-. IJ. L5L->;f.yi e,., r / \ti\ I. [113] A. Ag-enda Bill j209.3. - Supplement #l. Ordinance No. 9366. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 Ayes Motion I Motion Ayes Motion Ayes - Motion Ayes e Motion Ayes I I!. ji - 0 e CITY OF- CFiRLSBAD -5- October 18, J973 -. [74] B. Agenda ,Bill #2177. The Longevity Pay Sur- vey Progress Report was acknowledged and ordered filed. 10- ADDITIONAL BUSINESS: A. City Council. I ~371 1. Agenda Bill #2171. Monthly expense allowance for Mayor and Councilmen. I It was agreed by the Council this matter be continued to the next regular meeting. ~701 2. Agenda Bill #2185. Renaming of Buena Vista Lagoon. * Discussion was held regarding a request from the Ameri- can Legion to include the name of Lt. Maxton Brown Bird Sanctuary as a sub-title to Buena Vista Lagoon. The Planning Director informed the Council that the Planning Commission, at their meeting of September 11, 1973, recommended that the Council take positive action in support of the inclusion of the sub-title. It was further explained that the request was not to change the name of the Buena Vista Lagoon but merely to includ the sub-title. A motion was made that the Council concurs in the recommendation of the Planning Commission to suppo.rt the inclusion of the sub-title of Lt. Maxton Brown Bird Sanctuary to the Buena Vista Lagoon and the City Manager was instructed to write a l.etter to the America Legion, Post 146, stating the Council supports their effort. ( B. City Attorney. C371 1. School Policy. - The City Attorney stated City Council Policy #17 regarding development fees for school facilities was discussed at the last regular meeting and it was agreed that a policy be drawn for the Council's adoption. Following brief discussion, a motion was made that Council Policy #17, the School Policy, be adopted. I C. Cjty Manager. Reports were given on the following items: [431 1. Regarding CUP on Chappee property. The Assistant to the City Manager reported on the CUP granted to Mr. Chappee for a wrecking yard at Ponto Drive. He stated that in the past, there has been mucl communication with Mr. Chappee regarding his failure to comply with the conditions imposed when the Condi- tional Use Permit was granted, and at this time, there has been no attempt to comply with those conditions. Discussion was held as to what action should be taken by the City and the City Attorney advised the Council of the legal recourse of the City. At the suggestion of the City Attorney, it was agreed that the City Attorney write a letter to Mr. Chappee informing him that if co.nditions are not met within 60 days, action will be taken by the City to revoke the CUP. I GCIUNGTLM " a 0 CITY OF CARLSBAD -6- October 18, 1973 . ~~~~ ~"~_~ "." Reference was also made to a memorandum from the Buildi Inspector and a note regarding E. Brian Smith's parcel split. ~721 2.. Parking on Pi0 Pico. A report was given on the parking problem on Pi0 Pic0 by the Assistant to the City Manager. He stated the owner of the E-Z-8 Motel has been contacted and requested to inform truck drivers staying at the motel overnight that the area adjacent to the motel is a residential zone which pro- hibits parking of commercial vehicles. He further in- formed the Council that the owner of the motel has been very cooperative but trucks are still being parked in residential zones since there is no other place for the to park. The police department has been issuing ticket and will continue to do so until the problem is elimin- ated. * It was pointed out by the Acting Public Works Director that posting of signs along Pi0 Pic0 would be very expensive at $50.00 a sign plus the cost of maintenance The Interim City Manager stated in the City of Oceansid signs are posted at both entrances to the City and per- haps this is a consideration for the City of Carlsbad. It was agreed that the Oceanside Ordinance should be reviewed an.d a recommendation from the Carlsbad Chief of Police regarding signs posted at both entrances to -the City should be obtained. C681. 3. League of California Cities. The ' Assistant to the City Manager stated it has been the policy of the Council to designate .a Councilman to represent the City on any action taken at the League of California Cities Conference. A motion was made that Councilman Frazee be designated to represent the City of Carlsbad at the League Conference. Counci lman Frazee stated many cities will be taking a stand on Pro.position #1 at the League Conference and inquired if the City wished to take a stand on that issue. The Council agreed that no stand be taken at the League Conference on Proposition $1. C8 by of 11 4. Lake Calavera. The Council was informec the Assistant to the City Manager that-a'proposal $8,000 had been received from two appraisers for the appraisal-of Lake Calavera property. In a letter which was re'ceived from Mr. Brad Gamon, he,requested confirmation by the Council by October 19, 1973. The two appraisers were Mr. Brad Gamon and Mr. Fuller. Following discussion, the Council instructed the Assis- tant to the City Manager to contact Mr. Gamon informin: him that the Councjl has'agreed to continue this matte1 until the next regular meeting, November 7, 1973, and requesting the appraisers withold any action until that time. r481 5. Agenda Bill #2186. The Assistant to the City Manager presented an Agenda Bill from the City Clerk with regard to establishing a fee for costs of processing nomination papers for candidates. It was explained that Section 22843, Chapter 593 has ~ been added to the Election Code which permits a City I GOUNCiLM e 0 CITY -7: October 18, 1973 Council to determi.ne a filing fee proportionate to the costs of processing a candidates nomination paper and set a fee by ordinance but said fee could not ex- ceed $25.00 to be paid upon the filing of such paper-. . It was further pointed out by the Assistant to the City Manager that if the Council desires to adopt an Ordinanc setting fees, it must be done prior to November 5, 1973 according to the City Clerk. The City Attorney informed the Council that this was a policy matter and pointed out there has been some constitutional attacks on filing fees. He further informed them that the City of San Diego has a provi- sion to waive filing fees in certain instances. A ques'tion was raised by Councilman Frazee with regard to the Ordinance drawn by the City Attorney since it required a first and second reading and would not be- come effective for 30 days thereafter. He inquired how the Ordinance could be adopted prior to November 5, 1973 if the second reading could not be given until the November 7, 1973 Council meeting.' The City Attorne stated the Ordinance could be introduced for a first reading at this time. I ! The following Ordinance was introduced for a first reading by title only with further reading waived, setting a $25.00 filing fee for candidates running for office, in the City of Carlsbad: Ordinance No. 1161. AN ORDINANCE OF THE CITY COUNCIL CIPAL CODE OF SAID CITY BY THE ADDITION OF CHAPTER 1.12 TO TITLE 21 THEREOF TO ESTABLISH A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES IN SAID CITY. [32] . 6. PUC Hearing. The Interim City Manager informed the Council the PUC will be holding a Public Hearing next- week on the single emission stack proposed by SDG&E.- He informed the Council an EIR was compiled by the City and the City is to be reimbursed by SDG&E for the cost of the report. He further stated members of the staff should be present at the Public Hearing to represent the City. Discussion was held.by the Council and it was agreed that if in the future any other means of construction i's devised t'o eliminate the high stack, the City would be most interested. Also, the City is in accord with another construction process which will hide all of the air conditioning and pipes that-can be seen. OF THE CITY OF CARLSBAD, CALIFORNIA., AMENDING THE MUNI- 1 I L-371 7. Pier Restaurant. Discusiion was held with regard to a letter received .from Mr. Jack Johnson in which he states he is planning to construct a pier and restaurant in Carlsbad which.would cost one million dol lars plus. The Interim City Manager was ins.tructed to write a letter to Mr. Johnson'stating the matter would be discussed with the staff and the staff was instructed to secure additional information. COUNCILM *I. e. e 0 CITY OF CAWLSBAD -8- October 18, 1973 .“ * I [34] Chamber of Commerce. Mayor Dunne stated he had audited the bills for the Chamber of Commerce and found them to be true and correct to the best of his knowledg He recommended the bills in the amount of $1,546.46 be ratified at this time and this amount be reimbursed the Chamber. . EXECUTIVE SESSION: [45] The Mayor called for an Executive Session at 8:23 P.M. for the purpose of discussing personnel. The Council reconvened at 9:47 P.M. and the Mayor announced that an Executive Session had been called for the purpose of informing the Council on a Personnel matter and it was recommended that action be taken alon the following lines: 6y motion, authorization was given for the extension of services by Mr. Frank Lilley as Municipal Consultant after November 5, 1973, on the same terms as he is now operating subject to termination by either party. ADJOURNMENT: By proper motion, the meeting was adjourned at 9:50 P.M. Respectfully submitted, 1” /&A;& NORA K. GARDINER Deputy City Clerk cXNNC!Lt4