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HomeMy WebLinkAbout1975-06-03; City Council; Minutes(. - e ? I CITY OF CARLSBAD COUNCILME Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 3, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 00 ~ ROLL CALL: INVOCATION was given by Mayor Frazee. Present - APPROVAL OF MINUTES: PLEDGE OF ALLEGIANCE was given. Motion Minutes of the regular meeting held May 20, 1975, were approved as corrected. Ayes PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. I Authbpfzation was given the payment of the Bills for the General Expenses of the City: City Oper tions $122,304.39; Water Operations $30,249.20; Investments $200,000; Net Payroll $73,181.32 for a total of $425,734.91, for the period May 15th thru May 31st, 1975, as certified by the Direct0 of Finance and approved by the Auditing Committe 1 Motion -Ayes Ratification was given the payment of the payroll Committee. Director of Finance and approved by the Auditing 5, 1975 thru, May 18; 1975, as ,certified by the Ayes in the amount of $112,219.29 for the period May Motion By minute motion, the reading of the text of all 1 Ayes , Motion waived. I - ORDINANCES FOR ADOPTION: I [57] 1. Agenda Bill #3352. ORDINANCE NO. 9424, AMEN ING CHAPTERS 2.24 AND 20.24 OF THE CARLSBAD MUNI CIPAL CODE BY THE AMENDMENT OF SECTIONS 2.24.060 AND 20.24.100 AND BY THE ADDITION OF SECTION 2.24.065 TO REVISE THE DUTIES OF THE PLANNING COMMISSION IN REPORTING ON THE CONFORMITY TO GENERAL PLAN AND PROVIDING FOR THE WAIVER OF SA1 REPORT IN CERTAI-N CIRCUMSTANCES, was given a second reading by title only and adopted. [ I -Motion Ayes TO 21.05 AND BY THE ADDITION OF A NEW CHAPTER MENT OVERLAY ZONE. 21.06 TO PROVIDE FOR THE "Q" QUALIFIED DEVELOP- PUBLIC HEARINGS: I [57] 3. Agenda Bill #3312 - PARKS AND RECREATION ELEMENTIGENERAL PLAN. I The Mayor stated it was his understanding the staff was requesting a two week continuance of this matter and the City Manager confirmed the staff's request stating the time was needed to rewrite the element. The Mayor inquired if anyone wished to be heard and MR. WIN PRIDAY, Manager of Carlsbad Munici- pal Water District, 5780 El Camino Real, address ed the Council. He stated there appeared to be a misconception with regard to Squires Dam as it is being shown as a desig- I nated recreational facility and in accordance X X X X X X [114] 2. Agenda Bill #3351 - Supplement #l. ORDINANC' Motion NO. 9425, AMENDING TITLE 21 OF THE CARLSBAD MUNI Ayes CIPAL CODE BY THE RENUMBERING OF CHAPTER "--? 21.06 Noes X F 5 X) x>! XI ) x> 1 x> xx xx - 0 Q CITY OF CARLSBAD -2- .. June 3, 1975 r with the State and Federal Health Codes under which the Water District is governed, no contact sports or anything of that nature can be allowed near that lake. He further stated he was sendin a letter to CPO in response to a questionnaire regarding recreation areas that the Water Distticl supposedly recorded, and that the letter, which he read to the Council, makes it clear that all properties owned and operated by CMWD are for the sole purpose of operating a domestic water system in accordance with the rules of the State and the United States Public HeaFth Services. In conclusion, Mr. Priday.requested consideratio be given to clarifying this matter when the document is rewritten. s t r Following discussion by the Council, the Mayor stated the matter will be taken into consideratio1 when the document is rewritten. It was moved that the Public Hearing be continu- ed to the regular meeting of June 17, 1975. [113] 4. Agenda Bill #3380 - SPECIFIC PLAN - ENVIRON- [85] MENTAL IMPACT REPORT - RACA DEVELOPMENT COMPANY. I A staff report was given by the Planning Director who offered background information and referred to a memorandum, dated May 22, 1975, which ad- dressed the concerns of the Planning Commission. A transparency depicting the location of the property and a wall exhibit of the Specific Plan were displayed for review. The Planning Directol stated the Planning Commission and the staff recommend that the EIR be certified and approval be given the Specific Plan. He further stated the staff is recommending that Item B, Condition #2 of Planning Commission Resolution No. 1151, be reworded to allow 5 years for recordation of the final map, rather than the 30 months indicats ed in the Resolution. MR. PETER SEIERSEN, 1850 E. Carnigan, Santa Ana, representing Raca Development Company, was heard by the Council, During staff presentation, a question was raised by the Council with regard to the "loft areas" of the proposed structures and Mr. Seiersen clarified the purpose of the I' 1 oft areas". r No one else wished to be heard and the Public Hearing was closed at 7:48 P.M. Discussion was held by the Council regarding the staff recommendation for Kqwording in Condition #2 of the Planning Commission Resolution and a concern for siltation control. The Planning Director explained that it was felt that Condition #2 which states a final subdivi- sion map must be recorded within 30 months of approval, does not provide the developer enough time to go through the necessary processing be- fore filing the final map. A motion was made that EIR-268 be certified. COUNCILME Motion Ayes xxz Motion Ayes xxx - @ ? CITY OF CARLSBAD COUNCILME r -3- June 3, 1975 ~~~ ~~ ~~~ It was moved that the City Council retain the recommendation of the Planning Commission Condi- tion #2 that the final subdivision map be record' ed within thirty months. The Mayor announced the motion failed for lack of a majority. A further motion was made that Condition #2 be changed to read: "Unless the final subdivision map is recorded for the project within 4-1/2year of this approval, the Specific Plan shall become null and void". Discussion ensued regarding siltation control an a motion was made that Condition #20 of Planning Commission Resolution No. 1151 be amended to indlude the words "siltation control during grad ing", prior to the words ''erosion control". By motion, the City Attorney was instructed to prepare the documents necessary for approval of Specific Plan #168, including the conditions by the Planning Commission, as amended by the Counci RECESS: The Mayor declared a recess at 8:35 P.M and the Council reconvened at 8:42 P.M. ~1141 5. Agenda Bill #3381. ZONE CODE AMENDMENT - ~431 RESIDENTIAL USES IN C-1 AND C-2 ZONES., A staff report was given by the Planning Direct0 and he informed the Council that the Planning Commission and staff are recommending approval of a zone code amendment (ZCA-68) to allow resi- dential uses in the C-1 and C-2 zones by Condi- tional Use Permits in certain limited circum- stances. No one wished to be heard and the Public Hearing was closed at 8:50 P.M. Following Council discussion, Ordinance No. 9426 was introduced and given a first reading'by tit1 only. ORDINANCE NO. 9426, AMENDING CHAPTERS 21.26 AND 21.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21 .26.010 AND 21 .28.010 AND THE ADDITION OF SECTIONS 21.26.015 'AND ,: '21 .28.015 TO ALLOW RESIDENTIAL .USES IN 'THE C-1 AND C-2 ZONES BY CONDITIONAL USE PERMIT IN CER-. TAIN LIMITED CIRCUMSTANCES. [99] 6. Agenda Bill #3376 - Supplement #l - TENTATIV MAP APPROVAL - LARWIN-SAN DIEGO .-% CT '7'4-25. ... The C.ity Manager stated a letter was received from the applicant after the matter had been advertised for Public Hearing, requesting a continuance to July 1, 1975. A motion was made that the matter be continued to the regular meeting of July 1, 1975. I I Motion Ayes Noes X Motion Ayes X Motion Ayes ) Motion Ayes 1 Motion Ayes Motion Ayes I I YXX xxx CITY OF CARLSBAD COUNCILME -4- 5~ ' ,y .. R$ G, G June 3, 1975 113 [lo51 HOUSING AUTHORITY. The Council adjourned to the Housing Authority at 8:50 P.M. and reconvened at 9:20 P.M., with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: - Planning Department. D [991 7. AGENDA BILL #3329 - Supplement #l. TENTATIVE. MAP CONTINUANCE - JOHN E. McCOY (S.L.& B. SERVICE CORPORATION) - CT 74-5. 3hk City Manager stated the staff is requesting a 30 day continuance of this item; the purpose of this request being to allow f"c(theroppoY:tun?ity for the staff, S.L. & B. Corporation and the Larwin Corporation to attempt to'resolve the street alignment of Elm Avenue. A motion was made that the City Manager's re- Motion X commendation be approved and that the matter be Ayes xxx continued for a period of 30 days. [1141 8. AGENDA BILL #3350 - Supplement #1 - ZONE CODE AMENDMENT - GREENHOUSES. This matter was heard at the regular meeting held May 20, 1975 and documents have been prepared for Council action. Upon inquiry from a member of the Council, the Planning Director stated that Section 21.07.110 Line 20, of Ordinance No. 9427, should read "forty-percent of ttie lot." Ordinance No. 9427 was introduced and given a first reading by title only, as corrected: ORDINANCE NO. 9427, AMENDING TITLE 21, CHAPTERS Motion 21.07, 21.08, 21 .10 AND 21 .42 TO REVISE THE RE- Ayes QUIREMENTS FOR GREENHOUSES. xxx [1131 9. AGENDA BILL #2255 - Supplement #l - ZONE CHANGE/SPECIFIC PLAN - REACTIVATION - RINKER COMPANY. The Planning Director furnished background in- formation on this matter from ,late 1973 to the present time. He stated in January, 1974, the Council tabled the request for Zone Change and Specific Plan, pending a General Plan Amendment. No action on this matter has been taken since that time. Further, he stated, Rinker Company's request is to reactivate their original request, which was an appeal, bring it from the table and set it for public hearing. In summarizing, he apprised the Council of some changes with respect to acreage and a suggestion by Rinker Company that the proposed Specific Plan,.as originally submitted, be revised. The recommendation of the staff was then made to the Council. The City Manager stated his recommendation is that the applicant withdraw is appeal and resubmit .his request to the Planning Commission; in essence e - D D c CITY OF CARLSBAD -5- June 3, 1975 c that the applicant start from the beginning and go through the entire procedure. He stated the applicant feels this would take too long a period of time. Following discussion, it was moved that the matter be set for public hearing at the earliest possible date and that the staff contact Rinker Company to inform them of the Council's action. A further motion was made that the staff be in- structed to initiate proceedings for the zone change in the event the applicant withdraws his request. Public Works Department. E991 10. AGENDA BILL #3101 - Supplement #1 - TENTA- TIVE MAP TIME EXTENSION - KAMAR CONSTRUCTION CO. CT 74-6. I Following discussion by the Council, it-wasmoved that the request for a one-year extension of the Tentative Map for CT 74-6 be approved, to expire June 5, 1975, subject to all orginal conditions plus Condition #9 and that the City Attorney be directed to prepare the documents necessary for Council action. E971 11. AGENDA BILL #3345 - Supplement #1 - ANNUAL STREET RESURFACING PROGRAM - CONTRACT NO. 1025. I The Public Works Director reportedthat the Bid open ing for Contract .#lo25 was held May 21, 1975 and four bid proposals were received. The low bid in the amount of $99,914.80 was received by A &.L Asphalt Company DBA ASPHALT SERVICE, Ocean, side, California, and it was recommended by the staff that ASPHALT SERVICE be awarded the bid. He further stated that funds in the amount of $100,000 have been budgeted for this project. Discussion was held by the Council on the resur- facing, program and a motion was made that the portions of Los Robles and El Arbol from Cannon lay ended be included in the street overlay program. I Road south to the point where the previous over- RESOLUTION NO. 3654, ACCEPTING BIDS AND AUTHOR1 ZING THE EXECUTION OF CONTRACT #lo25 FOR ASPHALT CONCRETE OVERLAY OR VARIOUS STREETS, was adopted by title only and with the unanimous consent of the Council, further reading was waived. 1 C931 12. AGENDA BILL #3346 - Supplement #l. SEWER MASTER PLAN AND FINANCING PROGRAM STUDY. Following the staff report given by the Public Works Director, discussion ensued by the Council as a result of an objection by Councilman Skot- nicki regarding the first two sentences of the Agreement. A motion was made that the first two sentences of the Agreement be reworded as follows: CBUNCILME Motion Ayes XXI Motion Ayes xxx Motion Ayes xxx Motion Ayes xx Noes X - B m - CITY OF CARLSBAD COUNCILME -6- June 3, 1975 Whereas, the City has determined that it is nece! ary to investigate the adequacy of the existing collection and transmission of the sewer systems and, it can be added- if necessary, those owned and operated by the City; and WHeneas, the City considers it may be necessary to expand its sewe system to accomodate previously unsewered areas and; Whereas, the City considers it essential to plan its Capital Improvements on a incrementa basis under a protracted period of time. 55 r 1 The Mayor announced the Motion failed for lack of a majority: RESQLUTION,NO. 3655, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND BROWN AND CALDWELL FOR SEWER MASTER PLAN AND FINANCIAL STUDY 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, 1641 13. AGENDA BILL #3354 - Supplement #1 - 1975-76 LIGHTING'IDISTRICT REPORT. I The Director of Public Works gave a staff report and stated it was the recommendation of the staff that approval be given the accompanying Resolutions approving the Lighting District Re- port and setting a date for public hearing. Discusison was held by the Council and the folloln ing Resolutions were presented: RESOLUTION NO. 3656, APPROVING THE REPORT OF THE CITY ENGINEER REGARDING THE MAINTENANCE AND OPERP TION OF A STREET LIGHTING SYSTEM MADE PURSUANT TO RESOLUTION NO. 3638, was adopted by title onlJ and with the unanimous consent of the Council, further reading was waived. RESOLUTION NO. 3657, DECLARING THE INTENTION OF THE CARLSBAD CITY COUNCIL TO ESTABLISH LIGHTING MAINBENANCE DISTRICTS IN THE CITY OF CARLSBAD TO PROVIDE FOR THE MAINTENANCE AND OPERATION OF STREET LIGHTING SYSTEMS IN SAID CITY FOR A PER10 OF MONTHS BEGINNING JULY 1, 1975 AND ENDING JUNE ING PROTESTS THERETO, was adopted by title only and with the unanimous consent of 30, 1977, AND SETTING A TIME AND PLACE FOR HEAR- I: The Public Hearing was set for July 1, 1975. I c961 14. AGENDA BILL #3381 - STOP CONTROL - MONROE STREET AT ELM AVENUE. I The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: RESOLUTION NO. 3658, ESTABLISHING STOP CONTROL ON MONROE STREET AT ITS INTERSECTION WITH ELM I AVENUE. 1 [97] 15. AGENDA BILL #3382 - STREET RESURFACING POLICY. " I The Public Works Director stated that as a re- I sult of Council -discussion at a workshop session - Motion - Ayes xxx Motion Ayes xxx ~ Motion xxx Ayes X I ~ - I) I) w CITY OF CARLSBAD -7- June 3, 1975 ~~ 1 the staff has prepared a Council Policy Statement on street resurfacing, which is being presented at this time for Council action. Discussion ensued and a motion was made that Cou cil Policy Statement #21 be adopted. The motion was given a second and further discussion was held regarding substandard streets and verifica- tion of grading by more than one individual. Th motion to adopt the Council Policy was withdrawn I It was the concensus of the Council that the staff consider the points discussed by the Coun- cil and that the Council Policy Statement be rewritten and returned to the Council. City Manager Reports. [60] 16. AGENDA BILL #2246 - Supplement #1 - NATIONAL, FLOOD INSURANCE PROGRAM. A report was given by the City Manager on this matter and the following Resolutions were adopt- ed by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3659, APPROVING THE CITY'S JOINING THE NATIONAL FLOOD INSURANCE PROGRAM. I RESOLUTION NO. 3660, INDICATING THE BUILDING PER- MIT SYSTEM ADOPTED AND THE REVIEW PROCEDURE FOR FLOOD PRONE AREAS. [88] 17. AGENDA BILL #3383 - HEALTH FEES. The City Manager stated an increase in the Coun- ty Health Fees has necessitated an amendment to the City of Carlsbad Ordinance reflecting the change in fees, since the City previously adopt- ed the County Code governing health fees: Ordinance No. 5045 was introduced and given a first reading by title only: ORDINANCE NO. 5045, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- MENT OF SECTION 6.02.010 WHICH INCORPORATES CER- TAIN PORTIONS OF THE SAN DIEGO COUNTY CODE BY REGULATORY ORDINANCES RELATING TO HEALTH AND SANITATION TO REVISE THE ANNUAL INSPECTION FEES FOR FOOD ESTABLISHMENTS. [86] 18. AGENDA BILL #3384 - NORTH COUNTY ACHIEVE- MENT AND INVOLVEMENT GROUP. I The Mayor stated a request had been received from the North County Achievement and Involve- ment Group (CAIG) to address the City Council regarding rehabilitation work being done by their organization. The Council heard from Mr. O'Brien, Mr. T. E. Murray, a Penologist and Executive Director of CAIG and Mr. James Summerford, President. Mr. Summerford enlightened the Council as to the purpose and operation of this non-profit organi zation and stated the organization was seeking - ~ COUNCILME Motion Ayes Motion XX) XX) Ayes Motion Ayes xxx <- CITY OF CARLSBAD -8- June 3, 1975 ~~ D ~~ both moral and monetary support and requesting that consideration be given to a $2,000 con- tribution by the City for the development of their program. The Mayor stated the Council would take this request under advisement. [321 19. AGENDA BILL #3385 - LEAGUE OF CALIFORNIA CITIES - COASTAL PLAN WORKSHOPS. [321 19. AGENDA BILL #3385 - LEAGUE OF CALIFORNIA CITIES - COASTAL PLAN WORKSHOPS. ~~ - .. ~- - - . The City Manager stated this was an item for the Council's awareness, and the Mayor stated it might be helpful for interested Council members to attend these workshop sessions to offer comments. [231 20. AGENDA BILL #3386 - EMERGENCY MEDICAL TRANSPORTATION. 0 The City Manager reported on this matter and discussion ensued by the Council. By concensus of the Council, it was agreed that the matter be continued and placed on the agenda for the next regular meeting. C941 21. AGENDA BILL #3387. RETENTION OF BOND ATTOR NEY FOR PLAZA CAMINO REAL EXPANSION. Following a report given by the City Manager, brief discussion was held by the Council. A motion was made that the City Manager's recom- mendation be accepted and that Mr. Fritz Strad- ling of the firm of Rutan and Tucker be appointe to act as Bond Counsel and special legal coun- sel as necessary in accordance with the terms outlined in his letter dated May 20, 1975. - - !C City Attorney. I C371 22. AGENDA BILL #3388 - REQUIRED NOTICES - PUBLIC HEARINGS. Following a report by the City Attorney, Ordi- nance No. 9428 was introduced and give a first reading: ORDINANCE NO. 9428, AMENDING TITLE 21, CHAPTER 21.54 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21 .54.060 TO REVISE THE NOTICE PROCEDURES FOR PUBLIC HEARINGS. 'C'o'u'n'c'il .Re'ports and Additional Business: The following three items were brought to the Council's attention by Councilman Skotnicki. [io51 a) Unified San Diego Emergency Services Disaster 'C'ouncil 'Mee'tirig. Councilman Skotnicki stated he: attended a meeting of the Unified San Dieqo Emer- gency Services Disaster Council recently at whic a film was shown depicting the purpose, objec- tives and procedures of the Disaster Council. He 1 COUNCILME Motion Ayes XX) Motion xxx Ayes X suggested the film be shown during a workshop session. . *- CITY OF CARLSBAD COUNCILME -9- ~~ r' flG June 3, 1975 I1 8 I [92] b) Odor from Encina Facility. The Public Works Director reported on this matter and informed the Council that active steps are being taken to re- solve the problem and prevent them from happen- ing again but it is a complexity of causes. [32] c) Position on Preliminary Coastal Plan. Coun- cilman Skotnicki stated he discovered a conflict with regard to the position taken by the Council on the Preliminary Coastal Plan which reflected on a Resolution presented by the San Diego Divi- sion of the League of California Cities, and in- formed the Council what action he had taken to clarify this matter. I) [63] d) Library Board of Trustees. Councilwoman Casler reported on the Library Board of Trustees Meeting. New Business: [37] a) Adjourned Regular Meeting - Morkshop Sessions A motion was made that the second and fourth there should be a change. Council on a permanent basis until such time as xxx Ayes Tuesdays be reinstated as meeting dates for the Motion :' EXECUTIVE SESSION: Mayor Frazee called for an Executive Session at 12:04 A.M. for the purpose of meeting with the Council's negotiators to discuss negotiations. The Council reconvened, with all members present, at 12:23 A.M. and the Mayor announced the pur- pose of the Executive Session was to meet with the Council's negotiators. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:25 A.M. to Tuesday, June IO, 1975 at 5:OO P.M. in the Council Chambers. Respectfully submitted, "& &Z/dqd 0 MARGAR (i? T E. ADAMS, City Clerk NORA K. GARDINER, Recording Secretary