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HomeMy WebLinkAbout1975-05-06; City Council; MinutesCIR OF CARLSEA Meeting of: CITY COUNCIL Date of Meeting: May 6, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers - * 0 I ROLL CALL: INVOCATION was given by Mayor Frazee. PLEDGE OF ALLEGIANCE was lead by Cmn. Lewis. APPROVAL OF MINUTES was given for April 15, 22, 25, and 29, 1975. Councilwoman Casler abstained from voting on all minutes except for April 29, 1975, on which she gave an affirmative vote. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 7:08 p.m. and reconvened at 7:lO p.m. with all Council members present. COUNCI-LiiCOMMITTEE REPORTS: [251 Crnn. Casler reported on the Citizens Advisory Committee to LAFCO and stated that each member city is expected to host one meeting a year at Torrey Pines Inn. The cost to the City would be for coffee and donuts. A motion was made authorizing expenditure of funds for the Citizens Advisory Committee to LAFCO for the meeting of May 21, 1975. By minute motion, the reading of the text of a1 ordinances before th6 Council at this. meeting was waived. PUBLIC HEARINGS: 7:30 P.M. 1. Agenda Bill #3333 - WELL CODE [111.1 A staff report was given by the Public Works Administrator in which the necessity of adopting stand ards to regulate the construction, repair, reconstruc- tion or destruction of wells to meet California Region a1 Water Quality Control Board requirements was define No one in the audience wished to be heard and the public hearing was closed. Following Council discussion, Ordinance 4015 was introduced and given a first reading by title only ORDINANCE NO. 4015, AMENDING TITLE 6, CHAPTER 6.02 OF THE CODE BY THE ADDITION OF SECTION 6.02.020 TO ADOPT BY REFERENCE TITLE 6, DIVISION 7, CHAPTER 4 0 THE SAN DIEGO COUNTY CODE BY REGULATORY ORDINANCES WHI INCORPORATES BY REFERENCE WATER WELL STANDARDS, STATE ALIFORNIA (CHAPTER 2 OF THE DEPARTMENT OF WATER RESOUR ES BULLETIN N0.74), AND CATHODIC STANDARDS, STATE OF CALIFORNIA (CHAPTER 2 OF DEPARTMENT OF WATER RESOURCE5 BULLETIN NO. 74-1) TO REGULATE THE CONSTRUCTION, IREPAIR, RECONSTRUCTION OR DESTRUCTION OF WELLS. [I131 2. Agenda Bill #3349.- APPEAL - ZONE CHANGE-l! APPLICANT: WILLIAM CANNING, I11 The Planning Director stated the Planning Com- mission had denied, without prejudice, the request fol RD-M preannexational zoning on 13.9 acres easterly of El Camino Real, approximately 2500 feet north of Alga Road,for the reason of.insufficient evidence that - 1 - - d. IF CI CI 'C. b -c 3; - r COUNCILME Motion XX) Ayes X Motion Ayes xxx Motion Ayes xx)I H F - CIR OF CARLSBB COUNCILME -2- May 6, 1975 # - ~~ public facilities would be available concurrent with need. Since the Planning Commission hearing, that issu .(sewers) has been resolved, as referenced in the Plan- ning Director's memorandum of May 1, 1975. It was i the recommendation of the staff that Planned Community Zoning be considered for the subject property, as oppos to RD-M. Mr. John Mamaux, 1393 Basswood Avenue, represent ing the applicant, stated that P-C zoning was acceptabl and that there are no immediate plans for developjrig. the property. i Ill 1 No one else wished to be heard and the public hearing was cl osed. Following Council discussion, EIR #283 was certified. A motion was made indicating the Council's inter to grant the appeal and that preannexation zoning of Planned Community be applied to the subject property for the reasons outlined in the staff report of April 8, 1975, and the matter be returned to the Planning Commission for report. 7: I ~1141 3. Agenda Bill #3350 - ZONE CODE AMENDMENT - GREENHOUSES. (ZCA-67) I The Planning Director gave a staff report in which he outlined the reasons for amending Title 21 of the Municipal Code in defining lot coverage in E-A, R-A and R-1 zones as applied to greenhouses. The existing 40% lot coverage for agricultural production appears to be counter-productive to retaining agricultural uses. Points of concern raised by the Council included reference to unlimited coverage for greenhouses, the definition of temporary structures, side yard set-backs and set backs. It was agreed that the public hearing be con- tinued to May 20, 1975 to allow further clarification of questions raised by the Council. 0 [114] 4. Agenda Bill #3351 - ZONE CODE AMENDMENT - "Q" QUALIFIED OVERLAY ZONE. I The Planning Director informed the Council that the "Q" zone being recommended was an attempt to remed the inadequacies of the Specific Plan process. It :is thf goal of the Qualified Zone to provide site development plan review of critical or sensitive areas. It would allow coordination of construction of such things as fences and walls. It is not for the purpose of regula ing color, texture or any other architectural matter. The "Q" Overlay Zone would not apply in such cases as P-C zoning, which requires a Specific Plan. Y 2 t. No one in the audience wished to be heard and the public hearing was cbosed. I The Council queried the Planning Director at length on the specifics of "Q" zoning, with particular interest directed toward the implication of design review. The staff emphasized that the "Q'l zone is not intended for use as a means of determining aesthetic aspects of a development but rather as a tool for speci Motion Ayes xxx Ayes Motion xxx Motion Ayes xx: 11 CIR OF CARLSBB CQUNCILME - i 0 - -3- May 6, 1975 - treatment areas where special height and bulk of build- ings might be an issue, or special grading restrictions would be in order; hillside development or other physic sensitive areas,and commercial zones in close proximity with residentially zoned areas, would be considered for "Q" Overlay Zoning. 1 A motion was made to accept.recommendations of the staff approving ZCA-65, "Q" Qualified Overlay Zone, for the reasons outlined in the Planning Commission Resolution No. 1148, and the City Attorney was directed to prepare the documents necessary for such approval. - DEPARTMENTAL AND CITY MANAGER REPORTS. I - P1 anni ng Department. 1 [TO81 5. Agenda Bill #3264 - PANHANDLE LOT - WALTER GIERSZOWISC. I The Planning Director reported that the Plan- ning Commission, on April 8, 1975, reaffirmed their original position of denial of the variance requested for a panhandle lot at 4145 Sunnyhill. The Commission agreed that if the Council granted the applicantls appeal of their decision that certain conditions be imposed, as outlined in Planning Department memorandum of November 12, 1974. The Council discussed the recommended condition for approval and a motion was made granting the appeal for the reasons outlined in the staff report to the Planning Commission, dated November 12, 1974, with the stipulation that condition No. 4 regarding utilities may be covered with a Future Improvement Agreement as opposed to being a part of this immediate lot split, and the City Attorney was directed to prepare the documents necessary for granting the appeal. S [ll~f.] 6. Agenda Bill #3340 - ZONE CODE AMENDMENT [431 TIME LIMITATION - SPECIFIC PLANS/CONDITIONAL USE PERMITS. (Supplement #1) (ZCA-66) This matter was before the Council on April 15, 1975, and documents were ordered. Ordinance No. 9423 was introduced and given a first reading by title only. ORDINANCE NO. 9423, AMENDING TITLE 21 OF THE COLI BY REPEALING SECTION 21 .42.040 AND BY THE AMENDMENT OF SECTION 21.58.020 TO REVISE THE TIME LIMITS APPLICABLE TO SPECIFIC PLANS AND CONDITIONAL USE PERMITS. [57] 7. Agenda Bill #3352 AMENDMENT - CONFORMITY TO GENERAL PLAN/WAIVER. I At the request of the City Attorney, the matter was continued to May 20 to allow certain technical changes to be made to the proposed ordinance. [631 8. Agenda Bill #3316 - CITY LIBRARY - AWARD OF. CONTRACT - Supplement #l. The Public Works Administrator reviewed the bid: received for the technical processing area of the Library and recommended that Contract No. 1023 be awarded to the low bidder, Vincent C. Cramer, for the Mot i on Ayes X Noes X) Motion Ayes xx: - - CIR OF CARLSBB -4- May 6, 1975 7 II e bid amount of $46,600. He stated that construction funds in the amount of $54,745 are available in Account NO. 6-122. RESOLUTION No. 3636, ACCEPTING BIDS AND AUTHOR- IZING THE EXECUTION OF CONTRACT NO. 1023 FOR CONSTRUC- TION OF NEW TECHNICAL PROCESSING AREA IN CITY LIBRARY, was adopted by title only and further reading was waive: I [92] 9. Agenda Bill #3136 - TEMPORARY CONNECTION TO SEWER SYSTEM - CITY OF OCEANSIDE. I The Public Works Administrator gave a staff .report, stating that the Joint Advisory Committee has recommended the approval of the amendment and extension of the agreement. The completion of the Buena Vista pump station has been delayed due to grant funds not being forwarded as expected. Completion is anticipated in November 1975. Mr. John Mamaux, 1393 Basswood, commented on the dangers of "temporary" uses. I Following discussion, Resol,u6ion No. 1.3637 was presented. I RESOLUTION NO. 3637, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF OCEANSIDE FOR THE SECOND SUPPLEMENT TO AGREEMENT FOR TEMPORARY CONNECTION BY THE CITY OF OCEANSIDE TO THE JOINT SEWER SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, was adopted by title only and with the unanimous consent of the Council, further reading was waived. [lo71 10. Agenda Bill #3353 - REMOVAL OF EASEMENT RESERVATION - KELLY DIRVE. The Public Works Administrator gave the back- ground of the subject property and stated that both the utility companies and the Public Works Department have indicated they have no existing facilities within the area, and have no objection to the City quitclaim- ing the easement reservation. The Mayor was authorized to execute a quitclaim deed to Mr. Max Amoss for removal of the easement reservation over a portion of Kelly Drive, at the southeast corner of El Camino Real and Kelly Drive. [64] 11. Agenda Bill #3354 - 1975-76 LIGHTING SYSTEM REPORT. The staff informed the Council that on a yearly basis the City must restablish lighting districts to include newly annexed areas. There is no means avail- able to amend existing districts to include the new areas. presented. Following discussion, Resolution No. 3638 was RESOLUTION NO. 3638, ORDERING THE CITY ENGINEER IT0 PREPARE AND FILE A REPORT PURSUANT TO THE MUNICIPAL I LIGHTING MAINTENANCE DISTRICT ACT OF 1927 FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM IN THE CITY OF CARLSBAD, was adopted by title only and with the unanimous consent of the Council, further reading was waived. COUNCILME Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes X 7 0 e 7 CIR OF CARLSB~ r -5- May 6, 1975 m] 12. Agenda Bill #3355 - PALOMAR AIRPORT SEWER r93J AGREEMENT, m] 12. Agenda Bill #3355 - PALOMAR AIRPORT SEWER r93J AGRF"""'"'' I I In the staff report given by the Public Works Administrator it was pointed out that Palomar Airport has had a sewer connection to the Encina outfall line for a number of years. The City has been trying to formalize this connection and determine fees and servic charges to be paid by the County. The proposed agree- ment provides for payment of past service,and for any future development on the airport site a sewer connec- tion permit from the City must be obtained and all fees required by current City ordinance must be paid. It was the recommendation of the staff that the agreement be approved and that Section 12, page 6, of the agreement be modified and that the following be added to this section: "In the event of the annexation of the Airport to the City of Carlsbad, Section 4 of this agreement shall be deemed to be modified to provide for a rate established on the same basis as for other commercial and industrial users within the City limits." I Following a discussion of the provisions of the agreement, Resolution No. 3639 was presented, I RESOLUTION NO. 3639, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO RELATING TO SEWER SERVICE AT THE PALOMAR AIRPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, was adopted by title only and with the unanimous con- sent of the Council, further reading was waived. RECESS: .Mayor Frazee called a recess at 9:00 p.m. and the meeting reconvened at 9:ZO p.m. with all Council members present. City Manager Reports CSll 13. Agenda Bill #3356 - OBSOLETE CITY PROPERTY The City Manager stated the City has a number o ". " items and pieces of equipment that are no longer in use and that have little, if any,trade-in value. He recommended that these items be disposed of at public auction. f Councilwoman Casler inquired if any of the items could be used by the Boys' Club and was informed. that none of the pieces were in operational order and prob- ably would be sold for their scrap value. Following discussion, Resolution No. 3640 was presented. RESOLUTION NO. 3640, DECLARING CERTAIN ITEMS OF EQUIPMENT AS OBSOLETE, AND AUTHORIZING THE DISPOSAL OF SUCH ITEMS, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. COUNCILME Motion Ayes xx: Motion Ayes xx CI T Y OF CARLSEA 7 m 0 c " May 6, 1975 -6- ~~ ~~ ~ [27] 14. Agenda Bill #3357 - AUDIT PROPOSAL - FISCAL YEAR 1974-75. The City Manager stated that Diehl , Evans and Company has been auditing the City for three years and recommended thatthe new proposal for 1975-76 be accepted. By minute motion, the Audit Proposal from Diehl, Evans and Company for the Fiscal Year of 1975-76 was accepted. [74] 15. benda Bill #3326 - AMENDMENT - PERSONNEL BOARD - Supplement #1. The City Manager reviewed the matter which had been heard on March 19, 1975, and which had received Council approval for preparation of documents necessar: to implement a Personnel Board to act as an advisory board. Following a discussion on eligibility of certail people to serve on the board, Ordinance No. 1179 was introduced and given a first reading, with the addition of the words "or appointed position" page 1, ORDINANCE NO. 1179, AMENDING TITLE 2, CHAPTER 2.44, OF THE MUNICIPAL CODE BY THE ADDITION OF SECTION: 2.44.025, 2.44.026 AND 2.44.095 TO PROVIDE FOR A PERSONNEL BOARD. [25] 16. Agenda Bill #3358 - ANNEXATION - INVESTORS DEVELOPMENT AND MORTGAGE CORPORATION. "East Carlsbad Annexation 2.24" TEMPLIN HE The proposed annexation, located approximately 0.4 of a mile east of El Camino Real and 0.8 of a mile south of Highway 78 and consisting of 85.25 acres, was approved by LAFCO on April 7, 1975. Ordinance No. 1180 was introduced and given a first reading. ORDINANCE NO. 1180, APPROVING THE ANNEXATION TO THE CITY CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSB ANNEXAT ION NO. 2.24. 'I [28] 17. Qenda Bill #3359 - SENIOR CITIZENS - - BUDGET FOR 1975-76. The City Manager reviewed the budget request fo funds, stating that a full-time coordinator is being requested, along with materials and supplies which are viewed by the Committee on Senior Citizens Affairs as essential. The Council discussed City's level of involveme and the City Manager was directed to include thelfuqd- ing request in the preliminary 1975-76 fiscal year budget. The Council concurred that a coordinator be konsidered on a contract basis. I I - Y Y n li S I: PI - r r CQUNCILMEI I Motion Ayes xx: 'ne 20. ;HTS Mot i on Ayes xx 1 t Motion Ayes xx - I) e CITY OF CARLSBA~ May 6, 1975 -7- 1[50] 18. Agenda Bill #3360 - DATA PROCESSING SYSTEM I The City Manager presented background informatio on the need for a minicomputer system. The present NCR equipment being used takes too much time for the tasks which must be accomplished. The City Manager referred to a Cost Effectiveness Study completed in March, 1975, by Roger Greer, Administrative Assistant. The Council discussed the various options which were available to meet the growing needs of the City and the potential obsolescence of equipment. The Council concurred with the recommendations of the City Manager and directed the staff to proceed with Option #4 - Replacement System (Finance Department only). I [64] 19. Agenda Bill #3361 - STREET LIGHTING - PASEO DEL NORTE. The City Manager stated that as part of the agreement with the Auto Center development, a portion of street lighting between the Auto Center and Palomar Airport Road would be provided by the City. In the interest of safety and need, the staff is recommending that temporary lighting now be installed. Discussion was held by the Council and it was pointed out that San Diego Gas and Electric, because o a project in which they are involved, might consider undergrounding the utilities and thGs allow the City t utilize their funds for permanent lighting. 1 RESOLUTION NO. 3641, AUTHORIZING THE APPROPRIA- ITION OFFUNDS FOR STREET LIGHTING (Fund No. 18 - 'Parks I and Boulevards) ON THAT PORTION OF'PASEO DEL NORTE BETWEEN THE AUTO CENTER AND PALOMAR AIRPORT ROAD, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. I [94] 20. Qenda Bill #3268 - REDEVELOPMENT PROGRAM AND PLAZA CAMINO REAL EXPANSION-Supplement An extensive discussion of the Plaza Camino Rea expansion and a redevelopment agency was held by the Council. Reference was made to the economic advantage of expanding the Plaza as pointed out by both Mr. Jacobs, consultant on redevelopment, and Mr. Vander, consultant on feasibility of City participation by way of parking lot expansion. Concern for and timing of a redevelopment program for the downtown area was of primary consideration by the Council. A motion was made that the City Council instruc the City Manager to prepare a program for the partici- pation of the City of Carlsbad in the proposed develop ment of a parking lot in conjunction with the construc tion of an addition to the Plaza Camino Real, includin a full line Sears Store. The proposed participation t be accomplished through use of the existing Parking Authority, if possible, and that this program be pre- pared for presentation to the Council at their next regular meeting; further, that an EIR be prepared by May Company for consideration of the Council at the earl i est possi bl e date. 1 f c ( COUNCILME Motion xx Ayes X - #2. Mot i on Ayes Noes xxx < - Ir 0 CITY OF CARLSB~ I -8- Mav 6. 1975 A motion was made that the City Council adopt th position that the City initiate activation of a Redevel ment Agency, incorporating the general area of downtown and other appropriate areas, the exact boundaries to be determined by the necessary study of staff, Planning Commission, public input, and the City Council. Furthe that to accomplish this end, the City Manager be instructed to proceed with the necessary detail work to bring a program back to the Council for adoption, including initial costs to the City (and proposed fund- ing source for same), a tentative time frame schedule of necessary actions to be taken, and recommendations regarding the use of a professional in the redevelop- ment field. This proposed program to be presented to the Council at the regular meeting of July 2, 1975. C371 21. Agenda Bill #3362 - ORDER OF BUSINESS - COUNCIL AGENDA. Discussion was held on the recommended order of business at Council meetings. The Council was in gener agreement with the order of business, with the exceptio of payment of bills and ratification of payroll, which, by minute motion, 'was made Item 5 and the remainder of items changed accordingly on Exhibit A to Resolution. 3642 RESOLUTION NO. 3642, RESCINDING RESOLUTION 1733 AND ADOPTING A REVISED PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. ORDINAYCES FOR IADOP,TION: .. , ./ . C321 22. Agenda Bill #3348. 0:RDINANCE NO. 1178, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD MUNICI PAL CODE TO BRING-THE CITY OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 INTO FULL ACCORD WITH THE AMENDED EIR GUIDELINES ISSUED BY THE SECRETARY FOR RESOURCES PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, was given a second reading by title only and adopted. E1131 23. Agenda Bill #3328. ORDINANCE NO. 9421 , AMENDING TITLE 21 OF THE CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM R-1-7500 (ONE-FAMIL) RESIDENTIAL ZONE) TO c-2 (GENERAL COMMERCIAL ZONE) (ZC-152) FOR A 6,507 SQUARE FOOT PIECE OF PROPERTY LOCATED AT 3150 PI0 PICO DRIVE BETWEEN ELM AVENUE AND OAK AVENUE, was given a second reading by title only and adopted. (CARLSBAD INVESTMENT CORP.) 11131 ORDINANCE NO. 9422, ADOPTING AN AMENDED SPECIFI BETWEEN ELM AVENUE AND OAK AVENUE, was given a second reading by title only and adopted. (CARLSBAD INV. CORP. PLAN (SP-25-A) ON PROPERTY LOCATED AT 3150 PI0 PICO - CONSENT CALENDAR. The following items were approved by one motion, affirming the action on the Consent Calendar: [411 24. Agenda Bill #3363. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENY- ING A CLAIM AGAINST THE CITY, was adopted. , (Joni Moi sant Weyl ) I € ( I I I I1 I #I l COUNCILME \ 97 - Motiol p-Ayes Y 1 Motion Ayes Motion Ayes Motion ' Ayes Motion Ayes : Motion Ayes I Motion Ayes P xx xx xx xx xx x> x> Y*i - b P CI T Y OF CARLSBB -9- May 6, 1975 [41] 25. Agenda Bill #3346. An application for leav to file a late claim for personal injuries on behalf of Robert Thomas Hanifan, 111, was denied. I - ADDITIONAL .BUSINESS: [92] ENCINA WATER POLLUTION CONTROL FACILITY - PHASE 111, PUBLIC HEARING. On inquiry, the City Manager stated that a letter had been sent to the effect that the Council supported the expansion, and that no com- ment had been made regarding the EIR. A motion was made instructing:ithe Mayor to write a letter to the Lead Agency, Vista, indicating the City of Carlsbad's approval of the EIR being certified on Phase I11 of the Encina Water Pollution Control Facility. EXECUTIVE SESSION: Mayor Frazee called an Exec- utive Session at 11:40 p.m. and the meeting reconvened at 12:25 a.m. with all Council members present. The Mayor announced that personnel and committee appoint- ments had been discussed and that no action was taken. RATIFICATION OF BILLS AND PAYROLL. Ratification was given the payment of bills for the General Expenses of the City: City Operations $162,790.66; Water Operations $32,440.74; Investments $1,400$000; Net Payroll $72,484.55, for the period of April 16, 1975 through April 30, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given payment of the payroll ir the amount of $111,957.24 for the period of April 7, 1975, through April 20, 1975, as certified by the Director of Finance and approved by the Auditing Com- mittee. I 1 - ADJOURNMENT: By proper motion, the meeting was adjourned at 12:35 a.m. to May 13, 1975, Tuesday, at 7:OO p.m., in the City Council Chambers. Respectfully submitted, A dFg& zR& E. ADAMS, City Clerk VIRGINfA M. SMITH, Recording Secretary COUNCILME Motion Ayes xxx Motion xxx Ayes X