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HomeMy WebLinkAbout1975-04-01; City Council; Minutesc1-R OF CARLSBA~ COUNCILME Meet i ng of: CITY COUNCIL (Regular meeting) Date of Meeting: Apri 1 1 , 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers - 0 0 - 1- 2- 3- 4- 5- ~041 1221 6- 11051 7- 11121 I I ~ '[113] .~ ~~~~~~~ ~ ~~~ ~~~~ ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE was lead by Cmn. Chase. APPROVAL OF MINUTES: Approval of the minutes was given for the adjourned regular meeting of March 10, the adjourned regular meeting of March 12, the regular meeting of March 18, with a correction on page one: Bouchard to BOUCHONG, an adjourn regular meeting of March 19, 1975, with a correction on page six regarding a motion made nominating Dr. Ronald Packard for the Planning Commission: Mayor Frazee nominating. Councilman Lewis abstained on voting on the minutes , ... . for . the .. meetin2 ... of March 10, 1975. CITY COUNCIL COMMITTEE REPORTS: Mayor Frazee reported on the results of the CP meeting held March 31, 1975, wherein the Regio a1 Transportation Plan as submitted by the staff was approved and the amendments submitte by the City of San Diego were defeated. Regional Airport. Mayor Frazee further report that Otay Mesa site for a regional airport was approved. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 7:05 p.m., and reconvened at 7:45 p.m., wit all Councilmen present. PUBLIC HEARINGS: (a) benda Bill #3319-Supplement #l. To con- sider objections of property owners to the removal of rubbish and refuse. The Public Works Administrator stated this was a routine procedure followed each year and tha no written correspondence protesting the abate ment notices had been received. No one in the audience wished to be heard and the public hearing was closed. - RESOLUTION NO. 3620, ordering Utilities/Mainte ante Director to abate nuisance by having weed rubbish, refuse, and dirt removed, was adopted by title only, with the insertion of the word NONE in Section 3, and with the unanimous con- sent of the Council, further reading was waive (b) Agenda Bill #3328. To consider a request for approval of a zane change (ZC-152) from R-1-7500 to C-2 on property-located at 1158 Oa Avenue, and an amendment to Specific Plan (SP- 25-A) covering property located at 3150 Pi0 Pic0 Drive, for the purpose of enlarging an existing restaurant and parking lot. A staff report was given by the Planning Direc 7 e 0 n. d e: h t - n S d k - i - Y c& OF CARLSBA~ -2- April 1, 1975 - 0 0 8- m 31 E991 c tau: who recommended approval of the zone change and specific plan amendment. Mr. Robert L. Watson, applicant, addressed the Council and answered questions as to provisions for the handicapped. Mr. Watson indicated concurrence with staff recommendations. No one else wished to be heard and the public hearing was closed. The staff was instructed to prepare the docu- ments necessary for approval for the reasons outlined in Planning Commission Resolutions No. 1140 and No. 1141. DEPARTMENTAL REPORTS: A. Planning. 1. Agenda Bill #3313-Supplement #l. Approval of zone change (ZC-151) I I APPLICANT: The Captain's Anchorage, Inc. This matter was considered in public hearing on March 18, 1975, and the staff was directed to prepare the documents necessary for approval. E d ( ESOLUTION NO. 3621, announcing findings and ecision regarding change of zone from C-1 .Neighborhood Commerical Zone) to C-2 (General Commercial Zone) on property located on the northeast corner of Carlsbad Boulevard and Tamarack Avenue, was adopted by title only and with the unanimous consent of the Council, further reading was waived. A motion was made to waive the reading of the text of all ordinances before the Council at I this meeting. I ORDINANCE NO. 9420, amending Title 21 of the Municipal Code by amending the Zoning Map to grant a change of zone from C-1 to C-2 on the above described property, was introduced and given a first reading, by title only. 2. Agenda Bill #3329. Requeut for approva' of tentative mat3 for Carlsbad Tract 74-5(a) to I permit development of a 30-lot single family subdivision on 10 acres, located northeast of the intersection of El Camino Real and Appian APPLICANT: John E. McCoy for S.L.& B. Service Corp i The Planning Director gave a comprehensive staff report, reviewing the history of the property under consideration. He informed the Council that S.L.& B. Corp. submitted a tenta- tive map in June, 1974 which was approved by the Planning Commission and subsequently appro by the Council. Thereafter, it was discovered that no consideration had been given to the approved alignment of Elm Avenue. Because of this, the tentative map became invalid and the applicant was required to file a new map. The tenta.ti:ve m,ap which was filed showed the same configurntion of the original map and would necessitate',the realignment of Elm Avenue. If V CQUNCILMEI Motion Ayes X Motion Ayes X 1 i. ed F xx X) x: x; - 0 q crR OF CARLSBA~ -3- April 1, 1975 - the adopted alignment of Elm Avenue remains, S.L.& B. Corp. will lose two and possibly three lots. The Planning Director detailed the staff's recommendations for denial, expressing specific concern for the alignment of Appian Road and the circulation problem it creates for adjacent property owners. Mr. John E. McCoy, representative of S.L. & B. Cor. spoke to the Council and stated that the "surface failure" referred to by the staff on the slope easement, was of a temporary nature created by the installation of sprinklers. Mr. Horace Felkins, adjacent property owner to the north, stated his concern for the effect the proposed development would have on his property in that it would virtually become inaccessible. He was further concerned with the necessity for his obligation for improve- ments on Elm Avenue when there is no possibil- ity of gaining access to his property from Elm Mr. Stan Morse, Tupps Corporation, Consulting Engineers and Planners, representing Larwin Corporation, opposed realignment of Elm. A lengthy discussion was held by the Council and Mr. McCoy stated he would agree to a 30-day extension of any deciison by the City Council on the tentative map for CT 74-5(a). A motion was made stating the intent on the par. of the Council to consider a request for a change in the alignment of Elm Avenue, not to exceed 42', in the area of the subject tentativc map, and instructing the staff to return with a full report on the matter. RECESS: Mayor Frazee called a recess at 9:25 p.m., and.the meeting reconvened at 9:40 p.m. with all Council members present. L431 3. Agenda Bill #3330. Mobile Home Park Pol icy. I The staff reviewed the past policy history of mobile home parks in Carlsbad, informing the Council that of five mobile home parks approve in 1969-70, three of the original CUP'S have expired. If all the CUP'S granted had been exercised, approximately 2900 spaces would hav been developed. To date, 900 have been built. The validity of one of the original conditions use permits which was only partially exercised is now in question and a new applicaiton has been filed. The staff and the Planning Commissiol are now requesting the Council to consider updating the 1970 Supplement to the Housing Element regarding mobile homes by developing standards and criteria. It is felt that a moratorium should be implemented for one year and that provisions be made for processing applications currently on file. C E 1 n The Council discussed the matter at length, with consideration being given to the need for such housing. I COUNCILME I 7& \fi % 5, t Motion Ayes XX) 2 CI~C OF CARLSBB COUNCILME -4- ADril 1, 1975 e A motion was made that the Council not take action on a moritorium on mobile home parks at this time and that the staff be directed to proceed with the development of mobile home park standards and locational criteria. c221 4. Agenda Bill #3331. Proposed Palomar Airport Master Plan. The Planning Director reviewed proposed master plan for Palomar Airport, recommending that a prepared statement be presented on behalf of the City at the public hearing scheduled for April 16, 1975, at 7:30 p.m. at the Carlsbad High School, based on::the staff report which recommended support for Alternative #7, prepare and presented by Pereria and Associates and the County. He further referred to h.is memorandum of March 26, 1975, which gave a detailed account of the various alternatives. The Council discussed the report and reiterated their position supporting a General Aviation Airport and opposing any commuter services. It was also suggested that Palomar Airport be annexed to the City.pri.or to aqy .further servic being offered. By concensus of the Council, the staff is to prepare a statement reflecting the Council's position for presentation at the public hearing on the proposed Palomar Airport Master Plan. L571 5. Agenda Bill #3283-Supplement #l. Geo- logic and Seismic Safety Element of the General Plan. In accordance with Council instructions to the staff at the adjourned meeting of March 10, 197 Resolution No. 3625, incorporating changes directed by the Council, was presented. RESOLUT1,ON .NO. 3625, amending the General Plan by the adoption of General Plan Amendment (GPA-30) adopting a Geologic and Seismic SafetJ Element as a part of the General Plan of the City, was adopted by title only, and with the unanimous consent of the Council, further read- ing was waived. B. Public Works. 1331 1. Agenda Bill #3332; City of Carlsbad Standards for public works. The City Manager explained that these criteria had previously been contained in the subdivisic ordinance and because of the time involved in these standards were now being offered in resolution form for a more expeditious means of up-dating such standards. Following discussion, Resolution No. 3622 was offered for adoption. RESOLUTION NO. 3622, adopting certain standard: and specifications governing the design and I amending the ordinance for any standards changc T 1 I I I ). ? > \ 73 Motion Ayes Noes X S 'Y Motion Ayes X I Motion Ayes '> 4 ? ( B SF X xx ~ xx CI -rC OF CARLSB~ CQUNCILMEI - April 1, 1975 I) 8 -5- 74 m11 2. Agenda Bill #3333. To consider adopt- ion by reference of the San Diego County Well I [lo51 [451 and construction of public improvements as the City of Carlsbad Standards. I Code, and setting a public hearing. I The Public Morks Administrator explained that the California Regional Water Quality Control Board requires certain,standards be met regard ing wells and offers three options: (1) adopt the County well code by reference; (2) prepare and adopt a separate City code; or (3) take no action and the State Board will adopt standard which the City will be required to enforce. - S The Council discussed the matter and stated their intent to adopt by reference the County Well Code. The City Clerk was directed to read the title Q~J proposed Ordinance No. 4015: ORDINANCE NO. 4015. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION ION 7, CHAPTER 4 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES WHICH INCORPORATES BY REFERENCE WATER WELL STANDARDS, STATE OF CALIF ORNIA (CHAPTER 2 OF THE DEPARTMENT OF WATER RESOURCES BULLETIN NO. 74), AND CATHODIC STAND ARDS, STATE OF CALIFORNIA (CHAPTER 2 OF DEPART REGULATE THE CONSTRUCTION, REPAIR, RECONSTRUCT OR DESTRUCTION OF WELLS. 6.02.020 TO ADOPT BY REFERENCE TITLE 6, DIVIS- MENT OF WATER RESOURCES BULLETIN NO. 74-1) TO - - - I( By motion, the Council set May 6, 1975 as the date for public hearing to consider adoption of the County Wells Code and directed the City Clerk to publish the required not.ices, stating that copies of the ordinance are on file with the Clerk and available for public review. C. City Manager. I The staff informed the Council that this agree ment is to replace the Cooperative Agreement which was executed in January but which was not acceptable to the County and HUD. The Cit Manager stated there are no substantive change and that the new agreement enlarges on the original agreement for better clarity. I 3N Motio Ayes 1. Agenda Bill #3276-Supplement #l. Hous- ing Community Development Act-1974 Cooperative Agreement with County of San Diego. Motic Ayes Resolution No. 3623 was offered for adoptioti following discussion by the Council. RESOLUTION NO. 3623, approving an agreement between the City and the County for cooperative submission of a proposal to the Department of Housing and Urban Development and authorizing the Mayor to execute the agreement, was adoptec by title only, and with the unanimous consent of the Council, further reading was waived. n xx: In xx - I) I) 1 cllt OF CARLSBB COUNCILME -6- April 1, 1975 [I 131 2. Agenda Bill #3334. Preliminary Coastal P1 an. The City Manager recommended that the staff review the Plan, particularly as it relates to Carlsbad, and report back to the Council. He further suggested the Regional Coastal Commissi be invited to make a presentation to the Counci It was the concensus of the Council this matter should be considered at a Council Study Session Dl01 3. Agenda Bill #3335. Elimination of Municipal Code Section 14.16.110 "Exchanging Meters. I' The Assistant City Manager recommended the elimination of Section 14.16.110 of the Code because it conflicts with Section 14.16.060. He also stated the use of smaller meters is encouraged. Ordinance No. 4014 was introduced and given a first reading by title only. ORD1,NANCE NO. 4014, amending Chapter 14.16 of the Municipal Code by repealing Section 14.15.1 to eliminate conflicting provisions regarding charges for water meter exchanges. P81 4. Agenda Bill #3336. Bicentennial Projec The City Manager reviewed a memorandum from the Chairman of the Bicentennial Committee nequasti guidanele from1:the Council .regarding listed project:s; which might be achieved during the Bicentennial celebration. Mr. Bussey referred to his memorandum to the City Council dated March 26, 1975, in which he answered those points raised by Chairman Dunne. He recommended that any further commitments to any of these projects be made as a part of the 1975-76 fiscal year budget, viewing them ir the context of other requirements on the Counci and maintaining maximum flexibility concerning their funding. Fol.lowing. considerable discussion, the City Manager was directed to forward a copy of his memorandum of March 26, 1975, showing the status of the various projects to the Bicen- tennial Committee. C37 1 5. Agenda Bill #3339. Council Study Sessions. The need for regular work/study sessions was discussed. A motion was made that the Council schedule extra meetings at 7:OO p.m., on the second and fourth Tuesdays of April and May, limiting the agendas to no more than three subjects, and further limiting the time to three hours. I I ,' ? 1 i' j 75 In I. Motion 10 Ayes ts. 79 1 Motion Ayes ;\ 3 X X F ;G x x> X) ,' CI% OF CARLSBB -7- April 1, 1975 - 0 8 E1131 9- C991 10- 141 1 E731 11- C281 [I 051 c321 C681 Preliminary Coastal .Plan. The City Manager was directed to arrange a'presentation by the Regional Coastal Commission on the preliminary Coastal Plan for April 8, 1975. ORDINANCES FOR ADOPTION: I (a) Agenda Bill #3304. ORDINANCE NO. 9417, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE I CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF THE MUNICIPAL CODE BY RENUMBERING CHAPTE 20.22 TO 20.36 AND CHAPTER 20.28 TO 20.44, REPEALING CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20 AND 20.24, AND ADDING NEW CHAPTERS 20.04 20.08, 20.12, 20.16, 20.20, 20.24, 20.28, 20.3 20.40 AND 20.48 TO REVISE THE REGULATIONS OF SUBDIVISIONS OF LAND IN ACCORD WITH THE NEW SUBDIVISION MAP ACT, was given a second read- ing and adopted. R 'Y 12 - CONSENT CALENDAR: I The following items were approved by one motion affirming the action on the Consent Calendar: 1 A. Agenda Bill #3337. RESOLUTION NO. 3624, DENYING A CLAIM AGAINST THE CITY, was adopted. I (Jerry L. Crossman) B. Agenda Bill #3338. Carlsbad Cable TV, Inc., was granted an extension of their operating permit for a six month period. ADDITIONAL BUSINESS: A. City Council. Mayor Frazee announced vacancies on the Senior Citizens Committee and presented the names of Ede Westree and Betty Jiminick for Council consideration. Other vacancies are: Advisory and Appeals Board and Bicentennial Committee. B. City Attorney. The City Attorney referred to two memorandums which had been placed in the Council mailboxes and asked that particular attention be given t the memorandum relating to amendments to the EPA ordinance and resolution which will be presented at the next regular meeting of the Council. I He further reminded the Council financial statments are due and that a memorandum giving dates they are due was placed in the Council Conference room mailboxes. C. City Manager. The Legislative Bulletin of the League of Cal- ifornia Cities is now being sent to the Manager Mayor and City Clerk. The League is providing one additional copy for a Council designate. Councilman Lewis was named to receive the extri copy and subscriptions will be ordered for the other three Council persons. COUNCILME , Motion Ayes XX) 9 a I ,c CIR OF CARLSB~ C~UNCILME -8- By c VG April 1, 1975 77 C321 The City Manager reported that the Coastal Com- mission is asking the San Diego Gas and Electri: Company to dedicate their beach property to .the State. There is some possibility that it could be dedicated to the City. The Council discussel the matter and agreed that it would be more practical for the dedication to be made to the State. 0 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of Bills for and approved by the Auditing Committee. 1975, as certified by the Director of Finance for the period March 16, 1975 through March 31, $700,000.00; Net Payroll Transfer $71,992.16, Water Construction $8,783.70; Investments tions $81,342.78; Water Operations $2,870.36; xx Ayes the General Expenses of the City: City Opera- Motion Ratification was given payment of the Payroll Motion in th-e amount of $117,588.85 for the period of Ayes xx. March 10, through March 23, 1975, as certified by the Director of Finance and approved by the Auditing Committee. E341 CHAMBER OF COMMERCE: Mayor Frazee statqd he x Motion had audited the bills for the Chamber of Com- the best of his knowledge. He recommended merce and found them to be true and correct to xx Ayes $2,840.36. reimbursement to the Chamber in the amount of 13- ADJOURNMENT: By proper motion, the meeting was adjourned at 12:OO midnight to Tuesday, April 8, 1975, at 7:OO p.m. Respectfully submitted, Y(U . ADAMS, City Clerk SMITH, Recording Secretary 0