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HomeMy WebLinkAbout1975-05-20; City Council; Minutes7 .. ,7 cl-rt OF CARLSBB COUNCILME Meeting of: CITY COUNCIL Date of Meeting: May 20, 1975 Time of Meeting: 7:OO P. M. Place of Meeting: Council Chambers - a c ROLL CALL: INVOCATION was given by Mayor Frazee. PLEDGE OF ALLEGIANCE was led by Crnn. Lewis. APPROVAL OF MINUTES: Minutes of the regular meeting of May 6, 1975, wer approved as corrected. Minutes of the regular adjourned meeting of May 13, 1975, were approved as corrected. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. Ratification was given payment of the payroll in the amount of $114,006.55 for the period of April 21, 1975 through May 4, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Authorization was given the payment of bills for the General Expenses of the City: City Operations $90,776.20; Water Operations $3,143.23; Net Pay- roll $74,453.55, for the period of May I, 1975 through May 15, 1975, as certified by the Director of Finance and approved by the Auditing Committee. [ 28 11 MAYOR'S YOUTH COMMITTEE. Crnn. Lewis introduced Tom Robertson, Adult Youth Advisor from the High School, who will be working with the Youth Commit- tee. Mr. Robertson informed the Council that re- organization of the Youth Committee is in process and that two representatives from the junior high school, high school, Army-Navy Academy, St. Pat- rick's, and Mira Costa have agreed to serve on the Committee. Contact has been made with the Boys' Club and Girls' Club for representatives also. After the first meeting membership will be open to other young people, grades 6 through 14. By minute motion, the reading of the text of all ordinances before the Council at this meeting was waived. ORDINANCES FOR ADOPTION. [74] 1. Agenda Bill #3326. ORDINANCE NO. 1179, AMEND- ING TITLE 2, CHAPTER 2.44. OF THE CARLSBAD MUNICI- PAL CODE BY-THE ADDITION OF SECTIONS 2.44.025, 2.44.026, 2.44.027 AND 2.44.095 TO PROVIDE FOR A PERSONNEL BOARD, was given a second reading by title only, and adopted. [111]2. Agenda Bill #3339. ORDINANCE NO. 4015, AMEND- ING TITLE 6, CHAPTER 6.02 BY THE ADDITION OF SEC- TION 6.02.020 TO ADOPT BY REFERENCE TITLE 6, DIV- ISION 7, CHAPTER 4 OF THE SAN DIEGO COUNTY CODE OF ENCE WATER WELL STANDARDS, STATE OF CALIFORNIA (CHAPTER 2 OR THE DEPARTMENT OF WATER RESOURCES BULLETIN NO. 74), AND CATHODIC STANDARDS, STATE OF REGULATORY ORDINANCES WHICH INCORPORATES BY REFER- CALIFORNIA (CHAPTER 2 OF DEPARTMENT OF WATER RE- SOURCES BULLETIN NO. 74-l), TO REGULATE THE CON- STRUCTION, REPAIR, RECONSTRUCTION, OR DESTRUCTION OF WELLS, was given a second reading by title only and adopted. I I Y Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx Mot i on Ayes xxx - m 0 ,\ clrt OF CARLSB~ -2- May 20, 1975 - [25]3. Agenda Bill #3358. ORDINANCE NO. 1180, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2.24", was given a second reading by title only, and adopted. [114]4. Agenda Bill #3340. ORDINANCE NO. 9423, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING SECTION 21.42.040 AND BY THE AMEND- MENT OF SECTION 21.58.020 TO REVISE THE TIME AL USE PERMITS, was given a second reading by title only, and adopted. PUBLIC HEARINGS: LIMITS APPLICABLE TO SPECIFIC PLANS AND CONDITION- [114] 5. Agenda Bill #3350 - ZONE CODE AMENDMENT - GREENHOUSES. The Planning Director reviewed the issues raised by the Council at the May 6, 1975 Council meeting in connection with the proposed amendment. He stated that the revisions have been setforth in Exhibit I'B", Zone Code Amendment #67; those re- visions would require yard setbacks and height limitations be met, and provision for time limits and periodic review be made. No one in the audience wished to be heard and the public hearing was closed. Following discussion by the Council, a motion was was made directing the staff to prepare the docu- ments necessary for zone code amendment #67 delet- ing greenhouses from the minimum building coverage requirements as setforth in Exhibit "B". [lo71 6. Agenda Bill #3344 - STREET VACATION - PORTION OF PALOMAR AIRPORT ROAD. The Public Works Administrator stated that all utility companies were notified and that easement reservations on that portion of Palomar Airport Road, approximately 2580 feet westerly of El Camino Real, are no longer required. Further, posting and publication of the public hearing on the proposed street vacation were accomplished. No one in the audience wished to be heard and the public hearing was closed. I Following discussion, Resolution No. 3646 was offered for adoption. I RESOLUTION NO. 3646, VACATING A PORTION OF PALOMAR AIRPORT ROAD, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. [57] 7. Agenda Bill #3312 - PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN. I The Parks and Recreation Director presented the Parks and Recreation Element, demonstrating on a map the park areas planned throughout the City. COUNCILME' Motion Ayes xxx Motion Ayes xxx '1% OF CARLSB~ - 0 .c - -3- May 20, 1975 ~~ ~~~ ~~~ ~ Mr. George Flanders, 1765 Yvette Way, inquired about the area south of the Batiquitos Lagoon and was informed that neither the Lagoon nor th land in question was in the City limits but rath under the control of the County General Plan. It is hoped that this area will be determined by the Local Agency Formation Commission to be within the Sphere of Influence of the City of Carlsbad. No one else wished to speak to the subject. Following a question and answer period, the public hearing was continued to June 3, 1975, t allow amendments to the document as recommende by the staff. [57] 8. Agenda Bill #3367 - AMENDED CIRCULATION ELEMENT OF THE GENERAL PLAN. The City Engineer reviewed various aspects of t proposed Circulation Element and stated that as an issue within the Element, the c1asing:Iof;' Monroe Street on the south side of Elm Avenue has been requested by residents on Monroe Stree This matter received approval from the Traffic Safety Commission. He further stated that the Circulation Element has incorporated the recom- mendations of the Planning Commission and the Citizens Advisory and Professional Committee. Mr. Flanagan indicated that section 4, page 4, last paragraph and related footnote, should be stricken. The City Clerk stated.a petiti.0. with 88 signa- tures had been received and read the statement opposing'the closing of Monroe'Street in full, Mrs. Adams informed the Council that all letter relative to this matter had been copied and forwarded to each Coulncil member. Mr. Richard L. Phillips, 3075 Monroe Street, gave a presentation to the Council in support of the closing of Monroe on the south side of Elm Avenue. Mr. William Baer, 3130 Monroe Stre and Mr. Ed Simpson, 3090 Monroe Street, also spoke in favor of closing Monroe Street-to through traffic. RECESS: Mayor Frazee called a recess at 8:55 p.m. and the meeting reconvened at 9:05 p.m. with all Council members present. Following recess, Mr. Robert Ladwig, 3289 Donna Drive, apd representing petitioners on Donna Drive and Valley Street, spoke in opposition tc closing Monroe Street. Mrs. Hope Wrisley, ~ 2088 Basswood, also spoke in opposition. No one else. wished to be heard and Council consid the Monroe Street issue before proceeding with the public hearing on the Circulation Element. A motion was made that the Council take no act' on the Monroe Street matter and to continue with the public hearing on the Circulation Element. - e et 0 d hc t. c !e i 1 le ' i( COUNCILME 2 t led n Motion Ayes Noes x x x 7 D CIR OF CARLSBAB -4- May 20, 1975 - Mr. Phillips requested to be heard again and proposed an alternate position to make Monroe Street one-wa going south. The Council, by general consent, agreed this wa not a practical solution. The City Engineer proceeded with his review of the Circulation Element, stating that if the Circulation Element as proposed is adopted that Resolutions 1946 and 3036, the former relating to the alignment of Marron Road and Jefferson and the latter to the precise alignment of Elm Avenue, would be cancelled. Mr. Devere Anderson, representing Larwin of San Diego, opposed the rescinding of Resolution No. 3036, stating that over $100,000 has been spent on the improvements for Elm Avenue in tha area. Mr. Bart Lefferdink, Cove Drive, inquired as to the method for obtaining precise alignment on certain streets and was informed that his inqui was more appropriately directed to the City Manager at another time, as it was not part of the Circulation Element at this time. Mr. John McCoy, representing S.L. 81 B. Corpora- tion, concurred with Planning Commission and staff recommendations, and urged Resolution No. 3036 be rescinded. No one else wished to be heard and the public hearing was closed. Discussicn ensued and a motion was made that a bicycle path be shown on Haymar Drive gQing east. The staff was directed to prepare the documents necessary . for approval of the Circulation Element for the reasons outlined in Planning Commission Resolution No. 7150 It was further directed that appropriate stop signs be installed at the intersection of Elm and Monroe Street. [57] 9. Agenda Bill #3352 - AMENDMENT - CONFORMITY TO GENERAL PLAN AND WAIVER. The City Attorney reviewed a proposed ordinance regarding reports by the Planning Commission.-on certain matters relating to acquisition by ded- ication or otherwise of property for street purposes, as to conformity to .the City’s Genera Plan. The .proposed .ordinance would accomplish the requirements of Government Code Section 65402(a). Following a brief discussion, Ordinance 9424 was introduced and given a first reading by ti tl e only. ll-, AMENDING CHAPTERS 2.24 AND 20.24 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 2.24.060 AND 20.24.100 AND BY THE ADDITION OF SECTION 2.24.065 TO I Y S t ry 1 COUNCILME r Mot i on Ayes xxx Motion Ayes xxx Motion Ayes xxx Motton xx> Ayes X - D I) m ,I CI R OF CARLSB~ COUNCILME -5- CERTAIN CIRCUMSTANCES. [114] 10. Agenda Bill #3351 - ZONE CODE AMENDMENT - Q QUALIFIED DEVELOPMENT OVERLAY ZONE. It 'I This matter was heard and considered at a regula meeting of May 6, 1975, and documents were ordered. reading by title only. xxx Ayes ORDINANCE NO. 9425,AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE RENUMBERING OF CHAPTER 21.06 TO 21.05 AND BY THE ADDITION OF A IFIED DEVELOPMENT OVERLAY ZONE. NEW CHAPTER 21.06 TO PROVIDE FOR THE I'Q" QUAL- [1,08] 11. Agenda Bill #3264 VARIANCE - WALTER GIERSZOWISC. (Clarence Hall - Agent) This matter was heard and considered at a meet- ing of the Council on May 6, 1975, and docurnents approving Variance (V-246) were ordered. - RESOLUTION NO. 3647, ANNOUNCING FINDINGS, GEANT- Motion ING AN APPEAL OF A PLANNING COMMISSION DECISION Ayes x .>i AND APPROVING A VARIANCE (V-246) FOR CREATION OF the Council, fu'rther reading was waived. by title only and with the unanimous consent of A PANHANDLE LOT AT 4145 SUNNYHILL, was a.doptec! X Noes [99] 11-A Agenda Bill #3376 - TENTATIVE MAP APPROVAL CARLSBAD TRACT 74-25 - LARWIN-SAN DIEGO, INC. The City Manager stated that Larwin has asked for an extension to the 1st of July. At that time the Council can determine whether the matter will be continued or a hearing held. The staff has recommended that the matter be referred back to the Planning Commission for public hearing. A letter from DeVere Anderson, Vice President of Larwi.n Southern California, Inc., dated May 20, 1975, is on file in the City Clerk's office. A motion was made accepting the recommendations Motion of the staff and the matter was referred back Ayes xx> to the Plznning Commission for public hearing. [70] 12. Agenda Bill #3343 - BEACH ACCESS STAIRWAY - ELM AVENUE AT OCEAN STREET. The Public Works Administrator stated that ten bids on Contract No. 1024 were received and that the low bid was submitted by L. R..Hubbard, Jr., in the amount of $313742. Funds in the amount of $18,000 were budgeted for this project. Following discussion by the Council, Resolution Motion No. 3648 was presented. Ayes xx> RESOLUTION NO. 3648, ACCEPTING BIDS AND AUTHOR- IZING THE EXECUTION OF CONTRACT #lo24 FOR CON- STRUCTION OF A BEACH ACCESS STAIRWAY, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. CPY OF CARL& -6- - a c Mav 30. 1975 [92] 13. Agenda Bill #3368 - VISTA-CARLSBAD OUTFALL SEWER EASEMENTS. I The Public Works Director reported the Vista Sanitation District, in its capacity as lead agency for the project to provide for construc- tion of the Vista-Carlsbad outfall had not com- pleted the act of recordation of easements re- quired for the construction of the trunk line. An Agreement has been reached and the Vista Sani tation District has approved the action and has requested the City Council also approve the action to finalize the necessary easements. A motion was made to accept the easement and Subordination of interest as presented by the Vista Sanitation District. [26] 14. Agenda Bill #3369 - PROPOSED. COLLEGE/CANNON.. IMPROTEMENT DISTRICT i I The Council was informed a request has been made for the Council to consider the formation of an improvement district. The area proposed for the improvement district lies east of El Camino Real and north of Palomar Airport Road and comprises approximately 4,008 acres of privately-owned land and 294 acres of government-owned land. Petitions containing signatures of 70% of the owners of land have been received. Robert Ladwig, representing Rick Engineering Company, presented a map of the proposed district Mr. MacKenzie Brown, an attorney specializing in special district proceedings,was introduced, and recommended that if the Council wishes to proceed that it proceed under the Improvement Act of 1913 due to the large area being proposed I. The City Manager informed the Council the staff needs to discuss this matter further. The first step would be the preparation of an EIR, and because of the large area it might be well to contract for the preparation of the EIR. A motion was made that staff be instructed to bring back a report to the Council on the pre- paration of an EIR for the proposed district. [93] 15. Agenda Bill #3370 - PARTIAL REFUND - SEWER CONNECTION FEE - LOUIS D. FURRER. I The Public Works Director reported Mr. Furrer obtained a building permit for a residence at 2860 Wilson Street on June 24, 1974. On March 6, 1974 the Council adopted Ordinance #7043, which approved a revised sewer connection fee and provided for an effective date of June 30, 1974. No “Grandfather” clauses were provided in the ordinance for projects with building per- mits because of the delay in the effective date. Mr. Furrer did not pay for a sewer connection fee at the time the building permit was issued, therefore, he was charged a $250.00 connection fee. He is requesting the $250.00 fee be re- duced to $50.00, which is the fee that was in effect at the time the building permit was issue CWNCILME ~ 1 Motion ~ Ayes xxx j ~ j. CI% OF CARLSBB - 0 0 - -7- May 20, 1975 Following discussion by the Council a motion was made that a refund of $200.00 be made to the appl i cant. A short recess was called at 11:15 P.M. and the meeting reconvened at 11:27 P.M. with all member present. [84] 16. Agenda Bill #3321 - PURCHASE OF DOUBLE MOBILE TRAILER. On April 15, 1975 the Council adopted Resolution #3633, rejecting all bids received and author- izing staff to readvertise for bids. Tabulation of the bids received on May 5, 1975 was pre- sented, and the following Resolution #3649 was presented: RESOLUTION NO. 3649-ACCEPTING A BID AND AUTHOR- IZING THE EXECUTION OF A CONTRACT FOR THE PUR- CHASE OF A DOUBLE MOBILE TRAILER WITH SCOTSMAN MOBILE LEASE, was adopted by title only, and with the unanimous consent of the Council, furth reading was waived. E701 17. Agenda Bill #3371 - DOWNTOWN STREET TREE PROGRAM. The City Manager informed the Council the City staff, representatives of the Downtown Associa- tion and the Chamber of Commerce have been dis- cussing the need to replace and/or add to the street trees in the downtown area. A memoran- dum dated May 1, 1975, listing tree species and locations was presented from the Parks and Recreation Director. The cost of the tree pro- gram is estimated to be $1,800. Mayor Frazee questioned the Monterey Pine listec due to the problems created in the past. The City Manager stated the staff would check this specie. The Mayor also pointed out over the years the developers have deposited funds for street trees and in some cases the trees have never been planted. He asked this matter be referred to staff for checking. A motion was made authorizing staff to obtain the necessary Coast Commission permits and pro- ceed with the program. [32] 18. Agenda Bill #3372 - CRIME SPECIFIC BURGLAR' GRANT #1476 - THIRD YEAR. The City Manager stated it was necessary at thi time to make application for thi!rd gear funding of this program now even though the City's budget has not been adopted for fiscal year 197 76. This year the City's participation will be approximately $19,000. Following discussion by the Council Resolution No. 3650 was presented. I ~ I 2: I? I > Y - S 5. COUNCILME \ f06 Motion Ayes > Motion Ayes > r Motion Ayes I xxx ,. CIR OF CARL& -8- May 20, 1975 I) 0 c 321 [941 11 051 Resolution No. 3650, AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT TO THE CALIFORNIA COUNCIL ON BAD THE APPLICATION FOR CRIME SPECIFIC BURGLARY PROJECT CCCJ GRANT 1476 FOR.LAW ENFORCEMENT PURPOSES (THIRD YEAR FUNDING), was adopted by title only, and with the unanimous consent of the Council, further reading was waived. CRIMINAL JUSTICE ON BEHALF OF THE CITY OF CARLS- 19. Agenda Bill #3373 - CALIFORNIA COASTAL ZONE PLAN REVIEW. A lengthy discussion was held on the merits and limitations of the Coastal Plan and there was agreement on the inadequacies of the funding and governmental powers portion of the Plan. A motion was made that the Council adopt a position favoring the plan, with the exception of that portion which deals with governmental powers and funding. Further discussion ensued. A motion was then made that the Council's position be that the land policy be carried out by local governments; the State Coastal Agency would (a) keep the plan up-dated, (b) hear appeals from local decisions, (c) protect state-wide coastal in- terests. The staff was instructed to prepare a letter stating the Council's position. I 20. This matter was removed from the agenda prior to the meeting for presentation at a later time. Additional Business. REPORT ON EXPANSION OF PLAZA CAMINO REAL. The City Manager reported that Mr. Getz of the May Department Stores has been out of town. It will be necessary for the City to hire bond counsel and a financial consultant. Prior to this, how- ever, the staff will be meeting with represent- atives from May Department Stores. Mr. Bussey also pointed out the Coast Commission permit for Marron Road will expire in October, 1975. DEFENSE AND DISASTER COUNCIL. Cmn. Skotnicki reported he attended a meeting of the Defense and Disaster Council and comm;tted the City to funding in the amount of $1,700. I Executive Session. Mayor Frazee called for an executive session at 12:25 A.M. to discuss the fol 1 owi ng : possible litigation; ators; and (1) Meet with the City Attorney regarding (2) Meet with the City's personnel negoti- (3) Appointments to Boards and Commissions The meeting reconvened at 1:20 A.M. with all members present. I COUNCILME Motion Ayes xx Noes X Motion xxx Ayes x I ,' I 1% CI T Y OF CARLSB~ -9- - 9 m c ~~ ~~ ~ -~ ~ The Mayor announced the aforementioned matters were discussed in the executive session. 21. Agenda Bill #3365 - APPOINTMENT - ADVISORY c281 AND APPEALS BOARD. I The following resolution was presented: RESOLUTION NO. 3644, APPOINTING A MEMBER TO THE CITY OF CARLSBAD ADVISORY AND APPEALS BOARD, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. Thomas Richardson was appointed to the Board to fill the vacancy created by the resignation of Oakley G. Parker. \ [28] 22. Agenda Bill #3366 - APPOINTMENT - SENIOR CITIZENS AFFAIRS COMMITTEE. The following resolution was presented: RESOLUTION NO. 3645, APPOINTING A MEMBER TO THE CITY OF CARLSBAD COMMITTEE ON SENIOR CITIZENS AFFAIRS, was adopted by title only, and with the unanimous consent of the Council, further read- ing was waived. C. Delmar Gray was appointed to the committee to fill the vacancy created by the resignation of Robert Coe, Jr. [76] 23. Agenda Bill #3375 - APPOINTMENT - PLANNING COMMISSION. I The following resolution was presented: RESOLUTION NO. 3651, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PLANNING COMMISSION, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. E. H. Jose, Jr. was appointed to a four year term. [28] 23-A. Agenda Bill #3378 - APPOINTMENT - BICENTENNIAL COMMITTEE CHAIRMAN. The following resolution was presented: RESOLUTION NO. 3652, APPOINTING A CHAIRMAN TO THE CARLSBAD BICENTENNIAL COMMITTEE, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. Dr. "J" 'IC" Fikes was appointed to fill the vacancy created by the resignation of David M. Dunne. [g4] 23-8. Agenda Bill #3379 - APPOINTMENT - PARKING AUTHORITY OF THE CITY OF CARLSBAD. I The following resolution was presented: I COUNCILME Motion Ayes xxx Motion xxx Ayes x Motion xxx Ayes x .-, \- a% OF CARL~& COUNCILME -10- I RESOLUTION NO. 3653, APPOINTING TWO MEMBERS TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, was adopted by title only, and by a unanimous xx> .Ayes consent of the Council further reading was waivec x Motion A. A. Sugg was appointed to a four year terms and Glenn E. McComas was appointed to fill an un- expired term created by the resignation of W.D. Cannon. m [92] 24. Agenda Bill #3377 - CLAIM FOR DAMAGE - BUENA VISTA OUTFALL SEWER. As a result of discussions held in executive session on possible litigation, the following motion was made: “The Council moved to concur with the May 7, 1975 action of the Board of Directors of the Vista Sanitation District, which directed the District’s Counsel to close his files on the matter of the alleged damage to a portion of the Buena Vista Outfall Sewer and to direct the City Attorney to so inform the District’s Counsel and Motion X to close his files on the matter.” Ayes xxx . [92] J.OINT AD‘JISORY COMMITTEE - TOUR OF SECONDARY TREATMENT FACILITIES. The Public Works Director announced &. delegation from the Joint Advisory Committee would be takin1 a trip north around the Sacramento-Stockton area to review secondary treatment facilities, and urged that members of the Council to join the delegation. The trip will consist of two days, May 29th and 30th. A motion was made that Councilman Chase be authorized to participate in the tour of the Motion X facilities. Ayes xxx ADJOURNMENT: By proper motion the meeting was adjourned at 1:30 A.M. T7 CAIctt:@L MARG RET E. ADAMS Cit Clerk