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HomeMy WebLinkAbout1973-11-20; City Council; Minutes," CITY OF CA COUNGOLMB Me,eti ng of: CITY COUNCIL (Regular Meeti ng) Date of Meeting: November 20, 1973 Time of Meeting:. 7:OO P.M. .e Place of Meeting: Council Chambers - - 0 .. 1- ROLL CALL: 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given.' 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting held on November 7, 1973, were approved as corrected. 5- CITY COUNCIL COMMITTEE. REPORTS: [68] C.P.O. Councilman Frazee reported on recent actions of CPO and the Regional Coastal Commiss- ion. He stated the Board has recommended that the City of Carlsbad 1 imi t sewer connections to 125 per month until expansion of the Encina Pollution CorTtrol Facility is complete. Council man Frazee pointed out that Carlsbad has not exceeded its capacity as have some of the other entities; therefore, he felt that all the entiti should be limited. Councilman Frazee stated he had voted against th County General Plan because it was in conflict with the City's General Plan. He said it recom- mended that development below the Lagoon be strictly limited. It was requested this matter be referred to the staff for study and recommend [42] PRESENTATION. Councilman McComas presented' a portrait of C. Dewey McClellan, Carlsbad's first mayor, to Mayor Dunne, who accepted the tribute on be.kjalf of tlje City. [55] TRASH. Councilman Chase reported he had met Mi t Mr. Van Ort regarding trash collection rates and . that a report wou'ld .be forthcoming. [lo61 REFINERY. Mayor Dunne informed the Council he had prepared a written report regarding the trip he and Councilman McComas had made to Cherry Poi [68] JOINT POWERS AGREEMENT - CPO. Councilman Frazee said an amendment to the Joint Powers Agreement to change the amount of $50 for members attend- ing medetings to $25 for mileage required Counci authorization for Mayor Dunne to execute said amendment. It was so moved. [9'2] ENCINA WATER POLLUTION CONTROL FACILITY EXPANSIO PHASE 11-A. The City Manager reported that word had been received that there was a problem with bids and until the problems are resolved no action'should be taken. He stated that a specia meeting should be called prior to December 4th to act on this matter. 6- 0RAL.REPORT - CMWD CITIZENS ADVISORY COMMITTEE. .[l lo] Fred Harris, Chairman, read a report prepared by the Committee setting forth the feasibility and desirability of merging the CMWD and City Water Department. Said report, en€itled Projected 1973 74. Water Sales Revenue vs Projected One Entity Operations Budgeted Expense, suggested various methods whereb.y one entity could be formed. I , CITY 0% (34Wb-S C%3UJNCObMd 0 - $ 0 0 -2- November 20, -f973 The City Manager was directed to review the study and report back to the Council. 7- PUBLIC HEARINGS: [lo61 (a) Agenda Bill #2205. To consider the formatio of an Underground Utility District on Elm Avenue from the easterly right-of-way line of 1-5 and the east boundary of Underground Utility District No. 2, to.Highland Drive, said district to be known as Underground Utility District No. 3. The City Clerk stated the Affidavit of Publicati was on file and that no correspondence had been received. Harry Truax, Chairman of the Underground Utility Districts Committee, stated the description was in error on the agenda bill but the exhibits wer correct, .i.e., westerly right-of-way line of 1-5 is the correct boundary. * 0 be I No one else wished to be heard and the public hearing was closed. I 1991 18.5 1 Councilman McComas made a motion that Resolution No. 3269 be adopted and the motion was seconded, Council discussion ensued and a motion was made to continue the matter to December 18th, at whic time Ordinance No. 7042 regarding Underground Utilities would be effective. h (b) Agenda Bill #2206. To consider the Final EIR to allow for a 42 unit condominium develop- ment on 1.25 acres of land generally located on the east side of Carlsb,ad Boulevard, and south of Sequoia Avenue. APPLICANT: James Bear. . ALS-0 TO.BE CONSIDERED is the Tentative Map for the a.bove described property. The City C,lerk stated the Affidavit of Publica- tion is on file and that a ,letter was received from the Carlsbad Unified School District wherei they stated an agreement has been signed with the. owners-developers of the development under consideration. I A staff report was given by the Planni'ng Direc- tor. He stated the westerly portion:of ... %h.inqu.a- pin existed only on paper and the applicant's request for vacation of the street would not create any problems for the city. ' No one wished 'to be heard and the public hearing was closed. The Council discussed the matter and concern was expressed regarding public access to the beach. Mr. Flanagan, Acting Public Works Director, said there is public access and a utility easement 20 feet in width-which shows on the Tentative Map. 27# I I ! 1 Motion Ayes 0 - 0 0 CITY OF CA -3- .. The City Attorney suggested the addition of con- dition #14 to Resolution No. 3270, to read "A 20 foot public access easement shall be dedicate( to provide beach access from Chinquapin Avenue tc Carlsbad Boulevard through the subject property.' A motion was made by Councilman Frazee to accept the Final EIR. Resolution No. 3270 was offered for adoption as amended, to include Condition #14, as stated by the City Attorney. RESOLUTION NO. 3270. A RESOLUTION OF THE CITY * COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING WITH CONDITIONS TENTA~IVE MAP (~~72-37 A 42-UNIT CONDOMINIUM ON 1.25 ACRES'OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD ' BOULEVARD SOUTH OF SEQUOIA AVENUE was adopted as amended by title only and further reading was wai ved. At a point later in the evening, a motion was made to reconsider Resolution No. 3270. ,It was further moved that Conditions #14, #15 an1 #16 be added to Resolution 3270 as follows: 14. Lot #3 shall be dedicated for private open space...- : - 15. A public hearing shall be held prlor to approval of the Final Map regarding the vacation of Chi nquapi n Avenue. 16. A 20 foot pub1 ic access easement shall be dedicated to provide beach access from Chi.nquapi.n Avenue to Carlsbad Boulevard through subject property. . [113] (c) Agenda Bill #2207. To consi.der the Final [gg] EIR, a request for change of zone from County A-1-8 to I'M" and C-2, and adoption of a Specific Plan on property generally located on the south Real and Kelly Drive, to be known as Palomar Airport Industrial Park. APPLICANT: Harold M. Plant,'Attorney in Fact for Cabot, Cabot & Forbe - side of P,alomar Airport Road between El Camino The Ci"ty Clerk stated the Affidavit of Publica- tion is on file and that no correspondence has been received. The Planning Director gave a staff report on the propos.ed project. He stated the Planning Com- mission bad recommended that P-M zoning rather than M and C-2 be considered. Robert Knauf, attorney for the project, addresse the Council and stated his clients would accept P-M zoning b.ut would like modification of certai conditions. He stated that he had met with the city staff i.n. the afternoon and that basic agree ment had bien reached on modification of condi- tions 2, 3, and 13, of the tentative map. Mr. Knauf then reviewed the proposed modifications for the Council. The City Manager confirmed that the staff was in agreement with the modifications. ! COWNCOkhAd Motion Ayes Motion Ayes Motion Ayes Motion Ayes I I ~ .. 0 - e 0 CITY OF GOUNCILMS - 4- I No one else wished to be heard and the public hearing was closed. The Council discussed the Final EIR and a motion was made to accept the report. . Resolution No. 3271 was offered for adoption by title only and further reading was waived. RESOLUTION NO. 3271. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS 'AND DECISION ON A CHANGE OF ZONE (ZC-135) FROM A-1-8 (COUNTY) TO P-M (PLANNEI SOUTHWEST QUADRANT OF THE INTERSECTION OF PALO- MAR AIRPORT ROAD AND EL CAMINO REAL. APPLICANT: PALOMAR AIRPORT INDUSTRIAL PARK- CABOT, CABOT AND FORBES. INDUSTRIAL) ON PROPERTY GENERALLY LOCATED IN THE Ordinance No. 9371.was introduced for a first reading by title only and further reading was waived. ORDINANCE NO. 9371. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANT (PLANNED INDUSTRIAL) ON 337.15 ACRES OF LAND SECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL. Resolution No. 3272 was offered for adoption and discussion ensued. ING A CHANGE OF ZONE FR0M.A-1-8 (COUNTY) TO P-M LOCATED IN THE SOUTHWEST QUADRANT OF THE INTER- 1 - It was moved that condi.tion #2 be modified to include the grove of oak trees as a- part of the 35% of Lot 8 being dedicated as open space. A motion was made to modify condition #3 to reflect the applicant's contribution to the signal at Palomar Airport Road and El Camino Rea as.based on acceptable studies of the pro-rated generation of traffic by the applicant's development. A motion was made to modify condition #13 to return to the subdivider access rights as deter- mined by the City Engineer with approval of the City Council with the following guidelines: from: Point A to Point B, not more than 4. Point B to Point C, not more than 5. Point C. to Point D, not more than 1. Point E to Point F, not more than 2. P.oint F to Point G, not more than 2. The exact number and locations of any openings for ingress and egress over and across the lot lines of all lots abutting El Camino Real and Palomar Airport Road shall be determined by the City Enginee.r subject to approval by the City Council and shall be based on traffic engineerin studies and limited in number in the discretion of the City Council. Furth'er, the words "access 1 !$ 274 Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes I ,- ' -. %.I ?.. . , '" 0 - e. a . CITY OF CARLSBA - -5- .. rights dedicated to the City according to .Con- dition #13, Tentative Map" shall be lettered along the road adjacent to the lots affected on the map proper. RESOLUTION NO. 3272. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA," APPROVING WITH CONDITIONS TENTATIVE MAP (CT 73-49) THE DEVELOPMENT OF AN 8-LOT INDUSTRIAL PARK CON-. .TAINING APPROXIMATELY 337.15 ACRES, ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF PALOMAR-AIRPORT ROAD AND EL CAMINO 'REAL. APPLICANT: PALOMAR AIRPORT INDUSTRI AL PARK - CABOT, CABOT & FORBES. . Said.resolution was adopted as amended. 1 [113] (d) Agenda Bill #2208. TO consider the Final EIR and a request for amendment to existing Specific Plan to allow the construction of a 400 foot single stack to replace the four existing stacks, on property generally located on the east side of .Carlsbad Boulevard and south of the north shore of Agua Hedionda Lagoon. APPLICANT: SDG&E The City Clerk stated the Affidavit of Publica- tion is on file and no correspondence has been recei ved. The City Planner informed the Council the pro- posed single stack would not increase emissions but would disburse them over a larger area, at a greater height. He also stated the visual impact.would be 34 square miles as opposed to the existing four stacks which have a visual impact'of nine square miles. Ted Richmond, SDG&E representative, introduced Mr. Carther A. Laffoon who gave a comprehensive report on the proposed stack. Mr.. Robert Lacy, Mechanical Supervisor for SDG&E, gave a general schedule for development of the operational until 1976, and further that noise levels should be improved because of the locatior of the.ducts and the type of construction planned for the single stack acting as a muff1,er. , - project. . He stated tha~-Unitl#5Lwill_.not-be Mr. Robert Prescott, 3303.Belle Lane, asked if the concentration of SO2 would Preclude any othe i ndustri a1 developments because of i ncreased emissions in the area. Mr. Lacy answered his questi.on and stated that SDG&E had taken this into consideration and had allowed for back- ground pollutants without exceeding EPA recom- mended levels. No one else wi.shed to be heard and the public heari ng was closed. r \ Following discussion by the Council a motion was made to acdept the Final EIR. I eOUNCItMi 0 - e 0 1 CITY OF $,ARLS -6- - Ordinance No. 9372 was introduced and discussion ensued. It was agreed by the Council that Item #lo be amended to. read "prior to the fifth year anniversary'' in place of "seventh," and the deletion .of the word "and" following the phrase "state of the art." 0RDINANC.E NO. 9372. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9279 BY THE AMENDMENT OF THE SPECIFIC PLAN ADOPTED THEREBY TO PERMIT THE A 400 FOOT SINGLE STACK TO REPLACE FOUR EXISTING STACKS ON PROPERTY GENERALLY LOCATED WEST OF INTERSTATE 5 AND SOUTH OF THE AGUA HEDIONDA LAGOON was given a first reading as amended, by title only and further reading was waived. CONSTRUCTION, SUBJECT TO CERTAIN CONDI.TIONS, OF [43] (e) Agenda Bill #2209. To consider an appeal of the decision of the Planninq Commission in I requiring a six foot mesh fence to encircle a 16.5 acre site, said condition be.ing imposed wit the granting of a CUP #91, to allow development of a vocational residential care facility for the mentally disabled, on property generally located on the west side of El Camino Real, southerly of Kelly Drive, commonly known as Thunderbird Ranch. APPELLANT: Alfonso Filipponi ;h Councilman Chase informed the Council that he owned property adjacent to Thunderbird Ranch and excused himself from participation in the matter. The City Clerk stated the Affidavit of Publica- tion is on file and no correspondence has been received. The City Planner stated the appeal was based on the requirement of a six foot mesh fence as a condi.tion for granting the CUP. He stated the fence was a condition for the purpose of protec- tion for those people who would be utilizing the facility. Mr. Filipponi addressed the Council and explaine the purpose of the vocational care facility for developme-ntally disabled adults. It was his feeliri'g the fence was not necessary for safety. He pointed out that the people being cared for were of moderate impairment. He stated that the CUP had been granted for a three year period and that the expense of installing a six foot fence around the entire area would inhibi't other expenditures required' for the .care facility. I Mr. Ben Blum, County Lic,ensing Division, .and Ric Harris, North County Council of Social Concern, supported Mr. Filipponi's appeal'and urged favorable consideration. Mr. Allan Kelly and Mr. Robert Sroufe, adjacent p.roperty owners, spoke in opposition to the appeal. d No one else wished to be heard and the public heari ng was closed. aufiECshM Motion Ayes Noes Abstai Motion Ayes I ~ CITY OF CARLSBAD COUNCILME -7- November 20, 1973 0 7- ~781 1991 0 e ~~~ During Council discussion, Councilman made a motion to grant the appeal and return the matter to the Planning Commission. The motion died for lack of a second. A new motion was offered to grant the appeal in part, requiring fencing only next to lots 11, 10 9, 8, 7, and 4, and to return the matter to the Planning Commission for recommendation. DEPARTMENTAL REPORTS: B. City Manager. 1. Agenda Bill #2215. Proposed "South Carlsbad Annexation No. 1.17. Applicant: Cabot, Cabot & Forbes. Said DroDertv is located east of El Camino Real, southerly 'bf El Camino Mesa Subdivision. The City Clerk stated the resolution from LAFCO approving the annexation has been received. Resolution No. 3275 was presented and adopted. RESOLUTION NO. 3275. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "SOUTH CARLSBAD ANNEXATION NO. 1.17." (2) Agenda Bill #2165-Supplement #l. Regulat- ing speed limit on Agua Hedionda Lagoon. Mrs. Lee Lathrup, Ski Hut owner, urged the Council to leave present boating regulations as they are. She stated that setting speed limits on the lagoon would not reduce the noise level. Following Council discussion in which opposing views were presented, Ordinance 3098 was intro- duced and the speed limit of 40 miles per hour was amended to 45 miles per hour. ORDINANCE NO. 3098. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.25 OF THE MUNICI- PAL CODE BY THE ADDITION OF SECTION 11.24.022 IMPOSING A 45 MILES PER HOUR SPEED LIMIT FOR BOATS OPERATING ON THE AGUA HEDIONDA LAGOON was given a first reading as amended by title only and further reading was waived. Mr. Geral d Sul 1 i van, developer, requested that his Tentative Map be considered. Because of th late hour and the possible controversy related to the Tentative Map, the Council denied the request. I l e. Motion X Ayes xx Noes ) Abs tai n Motion X Ayes XXI Motion Ayes xx Noes x CITY OF CARLSBAD COUNCILME -8- Rq f%u %> November 20, 1973 9 2 PO 13- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for $437.53, and Investments in the amount of $103,670.21, Water Construction in the amount of of $11,564.42, Water Department in the amount of XX) Ayes the General Expenses of the City in the amount Motion Committee. Director of Finance and approved by the Auditing through November 15, 1973, as certified by the $200,000, for the period of November 1, 1973, Ratification was given the payment of the pay- Motion roll in the amount of $90,782.86 for the period Ayes xx: November 1 , 1973, through November 15, 1973, as certified by the Director of Finance and approved by the Auditing Committee. 14- ADJOURNMENT: By proper motion, the meeting was adjourned at 72:35 A.M., to Wednesday, November 21, 1973, at 3: 00 P.M. in the City Council Chambers. Respectfully submitted, & F4LHd E. ADAMS, City Clerk M. Smi th, Recordi ng Secretary 0 0