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Home My WebLink About1975-09-02; City Council; Minutes.J - b @ L CITY OF CARLSBAD COUNCILME1 I Meeting of: CITY COUNTIL (,Regular Meeting) Date of Meeting: September 2, 1975 7:OO P.M. Time of Meeting: m Place of Meeting: Council Chambers /S6 R\ p re I ROLL CALL: Motion Minutes of the regular meeting held August 19, APPROVAL OF MINUTES: PLEDGE OF ALLEGIANCE was given. INVOCATION was offered by Mayor Frazee. X X X Present 1975 were approved as presented. Ayes xxx Minutes of the adjourned regular meeting held Motion August 26, 1975 were approved as presented. Ayes xxx PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of the Bills Motion for the General Expenses of the City: City Ayes xxx Operations $71,721.39; Water Operations $2,505.34; Investments $100,000.00; Net Payroll Transfer $80,576.76 for a total of $254,803.49 for the period August 1, 1975 through August 16, 1975 as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payrol- Motion x in the amount of $122,997.72 for the period Ayes xxx August 11 through August 24, 1975, as certified by the Director of Finance and approved by the Auditing Committee. CONSENT CALENDAR The following items were approved by one motion Motion affirming the action on the Consent Calendar. Ayes xxx [99] 1. AGENDA BILL #3266 - FINAL MAP APPROVAL - LAGUNA RIVERA, UNITS 6 and 7 - Supplement #2 - The final map for Carlsbad Tract 74-19, Units 6 and 7, Laguna Riviera was accepted and Resolu- tion No. 3736, quitclaiming 10' Oceanside Mutual Water Company easement was adopted; and Resolu- tion No. 3731, accepting for public street pur- poses certain previously rejected lots was adopted. [72] 2. AGENDA BILL #3458 - NO PARKING ZONE- JEFFERSON STREET SOUTH OF LAGUNA DRIVE - Resolution No. 3732, designating parking restric-. tion on Jefferson Street south of Laguna Drive was adopted. I ~1021 3. AGENDA BILL #3459 - YIELD CONTROL - FOREST AVENUE AT HIGHLAND DRIVE - Resolution No. 3734, establishing yield control for eastbound traffic on Forest Avenue at its intersection with Highland Drive was adopted. PUBLIC HEARINGS: [gg] 4. AGENDA BILL #3417 - SPECIFIC PLAN AMENDMENT n1131 - LARWIN - SAN DIEGO, INC. C971 The Planning Director explained that the Council approved an alignment of Elm Avenue approximatel:, 42 ft. to the north approximately the middle of July. Subsequently, Larwin requested Council to 7 B Q - CITY OF CARLSBAD COUNClLMEl -2- ~~ ~~~~~ ~~ ~~ ~~ reopen public hearings to consider alternative designs on Elm Avenue which may not have been considered in the number of prior public hearin The Planning Director further explained the on1 change involved grading and drainage. A report was given by the City Engineer who mad reference to the wall exhibit depicting the Elm Avenue alignment. He reviewed the alternative designs considered by the staff and gave the staff's recommendation. Discussion was held by the Council which center on the alternative designs for Elm Avenue which would least affect the adjacent property owners and still be in the best interest of all the citizens of the City. The Council directed questions to the City Engineer and following the City Engineer's answers, further discussion by the Council ensued. MR. STAN MORRIS, Toups Corporation, Engineer, 223 Avenida De Loyola, La Jolla, representing the applicant, stated that Larwin is opposed to any change in the alignment of Elm Avenue since it appears to them that any change would be an unnecessary financial loss to Larwin. Larwin has accepted all other conditions imposed by the staff. The following persons were heard in favor of the realignment of Elm Avenue. MR. NICHOLAS BANCHE, Attorney at Law, 702 Fourt Street, Oceanside, representing the adjacent property owners, Mr. and Mrs. John Frazee; and MR. JOE PARISI, Realtor, 3344 Seacrest Drive spoke supporting Mr. Banche's statements. No one else wished to be heard and the public hearing was closed. The Council discussed the matter at length and Ordinance No. 9433 was introduced for a first reading and the staff was instructed to insert the proper exhibit and station numbers with reference to Alternate #2 as indicated on the wall exhibit dated June 19, 1975. The following Ordinance was introduced for a first reading and with the unanimous consent of the Council, further reading of the text was waived. ORDINANCE NO. 9433, REPEALING ORDINANCE NO. 932 AND ADOPTING AN AMENDED SPECIFIC PLAN (SP-104A) FOR DEVELOPMENT OF 501 LOTS ON 85.5 ACRES LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE AND MARRON ROAD. Resolution No. 3706 was adopted by title only and with the unanimous consent of the Council, further reading was waived: .r C! J E Ec k 'L I 5 d Motion Ayes Noes I @ 1- l- xx X CITY OF CARLSBAD COUNCILME1 - D 1 - -3- !September 2, 1975 I ~~~~~~~~~~~~ RESOLUTION NO. 3706, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 74-25) FOR 215 LOTS ON 47 ACR LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE AND MARRON ROAD, subject to the proper exhibit and station numbers with re- ference to Alternate #2 as indicated on the wal exhibit dated June 19, 1975, being inserted, wa adopted. [57] 5. AGENDA BILL #3406 - PUBLIC SAFETY ELEMENT GENERAL PLAN - Brief background information was given and the Planning Director stated a change should be made on Page 1, Line 13 of Resolution No. 3735 changing the wording from "Noise Element" to "Safety Element". The Mayor inquired if anyone wished to be heard No one wished to be heard and the public hearin was cl osed. RESOLUTION NO. 3735, AMENDING THE GENERAL PLAN BY THE ADOPTION OF PUBLIC SAFETY ELEMENT AS A PART OF THE GENERAL PLAN OF THE CITY OF CARLSBA was adopted by title only with one correction by changing the wording on Page 1, Line 13 sub- stituting the word "Safety" for the word "Noise and with the unanimous consent of the Council further reading was waived. [57] 6. AGENDA BILL #3422 - NOISE ELEMENT - GENERAL PLAN - The Planning Director reported on this matter and stated all recommended revisions have been incorporated in this draft. During Council discussion, it was pointed out that the basic concept of the Element had not been changed since it was reviewed by the Citi- zen's Advisory Committee and it was felt it was not necessary to return it to the Committee for review of the changes. Mayor Frazee inquired if anyone wished to be heard. No one wished to be heard and the public hearing was closed. RESOLUTION NO. 3736, AMENDING THE GENERAL PLAN BY THE ADOPTION OF A NOISE ELEMENT AS A PART OF THE GENERAL PLAN OF THE CITY OF CARLSBAD (GPA-32) was adopted by title only and with the unanimous consent of the Council further readir was waived. RECESS. Mayor Frazee called a recess at 8:30 P. and the meeting was reconvened at 8:45 P.M. with all Council members present. HOUSING AUTHORITY The Council adjourned to the Housing Authority at 8:46 P.M. and reconvened at 8:55 P.M., with all Council members present. ~ I I I E C E 1 I ? 111 I 18, - Motio SAyes Noes Motio Ayes Motior Ayes I I. n n 1 m 'P ' n. P 0 xx X X xxx xxx - D I) w CITY OF CARLSBAD COUNCILME1 -4- September 2, 1975 I By mi:nute motion, the reading of the text of all was waived: Ayes X Ordinan'ces befo're the Counc.i.1 .at ttii.s' meeting, Motion DEPARTMENTAL AND CITY MANAGER REPORTS Planning Department C1131 7. AGENDA BILL #3433 - ZONE CHANGE (ZC-159) CITY INITIATED (Rinker Property) The Planning Director gave a staff report and stated a correction should be made to Resolutiol No. 3737, Page 1 Line 21. He stated it should read ZC-159 rather than MP-153. In concluding the staff report, the Planning Director stated EIR-171 in connection with the zone change was certified by the City Council. 1 The following Ordinance was introduced and give a first reading by title only: 1 ORDINANCE NO. 9436: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-159) FROM R-1-10 TO C-2-Q AND R-P-Q ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND MARRON ROAD ALIGN- MENT. RESOLUTION NO. 3739, ANNOUNCING FINDINGS AND DECISION ON A PREANNEXATION CHANGE OF ZONE ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL was adopted by title only subject to the correction on Page 1, Line 21 which should read ZC-159 and with the unanimous consent of the Council further read- ing was waived. (ZC-158) FROM C-1 AND RD-M TO C-1-Q AND RD-M-Q Motion Ayes Noes ~ Motion Ayes Noes ~991 8. AGENDA BILL #3442 -TENTATIVE MAP APPROVAL DENIS HOBSON - Following a staff report by the Plannincl Director Resolution No. 3738 was I adopted-by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3738, APPROVING WITH CONDITIONS Motion DIVISION ON PROPERTY GENERALLYLOCATED IN LA COSTA SOUTH. TENTATIVE MAP (CT 75-5) FOR A ONE LOT SUB- Ayes 9. AGENDA BILL #34444 - ZONE CHANGE ZC-158 [1131 CITY INITIATED (Gal Pacific Properties, Inc.) A staff report was qiven by the Planning Direc with a transparency-depicting the zone change. He stated a correction should be made to Resolution No. 3739, Page 1, Line 23 which should read ZC-158. In concluding the staff report, the Planning Director stated EIR-283 in connection with the zone change was certified by the City Council. tor Councilman Chase indicated his vote was withou prejudice. 1 X X X jj X) X xx X xx xx 0 B I) r CITY OF CARLSBAD COUNCILME' -5- September 2, 1975 /PO v 7 I The following Ordinance was introduced and give a first reading by title only: 1 ORDINANCE NO. 9437, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PRE- ANNEXATION CHANGE OF ZONE FROM C-1 AND RD-M TO C-1-Q AND RD-M-Q *ON PROPERTY LOCATED AT THE REAL. CASE NO. ZC-158. NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO RESOLUTION NO. 3739, ANNOUNCING FINDINGS AND DECISION ON A PREANNEXATION CHANGE OF ZONE (ZC-158) FROM C-1 AND RD-M TO C-1-Q AND RD-M-Q ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL was adopted by title only subject to Page 1, Line 23 being changed to read ZC-158 and with the unanlmous consent of the Council further reading was waived. [99] 10. AGENDA BILL #832 - REVISION TO SPECIFIC PLAN - PACIFIC SCENE, INC. (Financial Scene) The Planning Director gave a staff report and explained that the request for a revision to the Specific Plan is a revision to the site plan and a change in architectural style in Phase C of the development. The basic change in the site plans is in the elevations of the specific structures and the Planning Director stated it was the concensus of the Planning Commission that these changes were not signifi- cant enough to require a new Specific Plan. Brief discussion was held by the Council and it was moved that since the proposed changes are not so significant as to constitute an amend- ment to the Specific Plan (SP-Z3B), that the Council approve the revisions to said plan, as recommended by the staff. X X X [92] 11. AGENDA BILL #3310 - VISTA/CARLSBAD SEWAGE SYSTEM - A staff report was given by the Public Works Administrator. Lengthy discussion ensued I X Motion Ayes Noes Motion Ayes Noes Motion Ayes Pub1 ic Works 1 by the Council and followjng-questions which were answered by the Public Works Administrator a motion was made to adopt Resolution No. 3740. RESOLUTION NO. 3740, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE VISTA SANITATION DISTRICT FOR THE ENLARGEMENT AND ADDITION TO THOSE JOINT FACILITIES KNOWN AS THE BUENA VISTA PUMPING STATION, THE BUENA VISTA FORCE MAIN AND THE AGUA HEDIONDA PUMPING STATIOl was adopted by title only and with the unani- mous consent of the Council further reading was waived. Motion Ayes [97] 12. AGENDA BILL #3344 - 1974-75 STREET RESUR- [45] FACING PROGRAM, CONTRACT NO. 1025 The Public Works Administrator reported that the work under this contract had been completed ~ F xx xx xx 1 x x~ ~ ~ ? - 0 I CITY OF CARLSBAD - -6- September 2, 1975 P I Questions were asked of the Public Works Admin- istrator and brief discussion was held. 7 RESOLUTION NO. 3741, AUTHORIZING ADDITIONAL ~ FUNDS FOR THE 1974-75 RESURFACING PROJECT - I I CONTRACT NO. 1025 was adopted by title only and with the unanimous consent of the Council fur- l ther reading was waived. A further motion was made to instruct the City Clerk to record the Notice of Completion and Release the bonds thirty-five (35) days after recording date. ~93~ 13. AGENDA BILL #3460 - COUNTY ORDINANCE - SEPTIC TANK PERMITS- I The Public Works Administrator explained that this was an amendment to the Carlsbad Municipal Code updating it by incorporating certain sections of the San Diego County Code relating to septic tank permits and brixgi,ng the City’s fee schedule into conformance with those of the County. The following Ordinance was introduced and given a first reading by title only: I ORDINANCE NO. 5046: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. AMENDING CHAPTER 6.02, SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE WHICH INCORPORATES CERTAIN SECTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO AMEND SECTIONS 68.326 AND 68.333 OF THE SAN DIEGO COUNTY CODE AND TO REPEAL SECTIONS 68.334 and 68.335 TO AMEND THE REGULATIONS RELATING TO SEPTIC TANK PERMITS. [70] 14. AGENDA BILL #3461 - COUNTY ORDINANCE - [87] OPERATING PERMIT FOR PUBLIC SWIMMING POOLS The Assistant City Manager informed the Council the City Manager had requested this item be continued to September 16th Council Meeting in order to allow time for more information to be compi 1 ed. By consensus of the Council, Agenda Bill #3461 was continued to the regular meeting of September 16, 1975. City Manager Reports [SI] 15. AGENDA BILL #3462 - MAGEE HOUSE- RESTORA- TION - The Assistant City Manager stated a settlement had been made with the insurance company in connection with the fire at the Magee house. He further stated funds have been budgeted for the restoration of the Magee property and the staff is requesting that the services of an architect be retained to develo specifications to remodel and restore the hous I: E. COUNCILME1 1 Motion xxx Ayes X ~ Motion xxx Ayes X .* - 0 I) 'I ~ CITY OF CARLSBAD COUNCILME1 1 -7- September 2, 1975 I ~ ~ ~~~~ Council discussion ensued and it was moved that the staff recommendation be accepted and the staff be instructed to retain the services of an architect to develop specifications to re- model and restore the Magee house. C74-J. 16. AGENDA BILL #3463 - EMPLOYEE DEPENDENT INSURANCE REFUND/CITY A staff report was given by the Assistant City Manager who provided background information to the Council and made recommendation. Questions were asked by the Council and answere by the Assistant City Manager. A motion was made that the staff be instructed to reimburse employees covered under the Metropolitan Insur- ance Plan pro-rated by the number of months the were covered. E681 17. AGENDA BILL #3464 - CPO BY-LAWS ADMENDMENT /BOARD COMPENSATION - Mayor Frazee reported on this matter and in- formed the Council the proposed Amendment to the CPO By-Laws would eliminate reimbursement to CPO representatives for out-of-pocket ex- penses. Council discussion ensued and it was moved that the Council support the concept of the reimbursement of out-of-pocket expenses and that the CPO representative be instructed to vote in opposition to the By-Law amendment as described in Exhibit "B" attached to the CPO letter signed by Richard J. Huff, Secretary, CPO and dated August 21, 1975. COUNCIL REPORTS AND ADDITIONAL BUSINESS: EXECUTIVE SESSION: Mayor Frazee called an Executive Session at 1O:OO P.M. for the purpose of discussing personnel, specifically appoint- ments to the Traffic Safety Commission and Parks and Recreation Commission. The Mayor announced the following action was taken: [lo31 18. AGENDA BILL #3434 - APPOINTMENT TO TRAFFIC SAFETY COMMITTEE - Following the Executive Session, Mayor Frazee announced the appointment of A. W. PAHL, JR. to the Traffic Safety Commission and the following resolution was adopted by title only and with the unanimous consent of the Council further reading was waived. RESOLUTION NO. 3729, APPOINTING ONE MEMBER TO THE CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION- [69] 19. AGENDA BILL #3465 - APPOINTMENT TO PARKS AND RECREATION COMMISSION Following the Executive Session, Mayor Frazee announced the appointment of JUANITA RHODES to the Parks and Recreation Commission and the following Resolution was adopted by title only and with the unanimous consent of the Council further reading was waived. I RESOLUTION NO. 3742,APPOINTING A MEMBER TO THE CITY OF CARLSBAD PARKS AND RECREATION COMMIS- I SION. I C \ < I I /9J - Motion Ayes ~ Motion Ayes Motion Ayes Motion Ayes Motion Ayes X X X X X X X r .fl f F. X xx xx xx xx xx I I. - B m I CITY OF CARLSBAD -8- September 2, 1975 I CITY MANAGER ADDITIONAL BUSINESS [70] a) Proposed Swimming Pool Site. The Assistant City Manager reported on negotiations for the property located at the corner of Monroe and Ches:tnu&. which is the proposed site for a community swimming pool. He stated he has been in contact with Dr. Packard who is representing the Mormon Church, owners of the property. Dr. Packard has indicated that the Mormon Churc is presently negotiating on another piece of property at Park and Monroe. At this time, Dr. Packard has indicated he is reluctant to proceed further in negotiating with the City pending the outcome of the purchase by the Mormon Church of the other piece of property. The Assistant City Manager further stated that since the original proposed pool site is no longer available, the city has been concentra- ting on the Monroe/Chestnut property. [. [ 81 1 :51] b g t ) Proposed Fire Station #3. A report was iven by the Assistant City Manager regarding he DroDosed location of Fire Station #3 at the corner of Chestnut and Catalina. He stated meetings have been held with the Fire Chief and property owners in the vicinity of the proposed location. The Assistant City Manager further stated he has had personal contact with residents in the area and is familiar with their concerns, which he felt could be resolved. In concluding the report he stated there has been no strong opposition to the first station being located at this site A tentative date for the Conditional Use Permit (CUP) to be heard by the Planning Commission is September 24, 1975 but the date is not definite at this time. I f- COUNCIL REPORTS I 1:6.2] - a) Litter Abatement Program Councilman Skotnicki stated he would like to discuss the legislation concerning the litter abatement program at a workshop session after the Council has had an opportunity to review it. 11781 b) Speeding Councilwoman Casler commented on the problem of speeding on some of the City streets and suggested that the Police Chief attend the next meeting so the matter can be discussed further. L371 c) Joint Meeting Councilman Chase stated he is [761 officially requesting that the fifth Tuesday meeting with the Planning Commission be adhered to and that the staff properly notify the Planning Commission that the meeting will be held on September 30, 1975. He further stated that the Council will be holding workshop meetings on September 9, 1975 and Septmeber 25, 1975. Mayor Frazee announced he would not be present at the regular meeting to be held September 16, 1975. I 1 COUNCILME1 I / - .a CITY OF CARLSBAD COUNCILME1 ( eq -9- September 2, 1975 /9y ~~ LG * [:341 CHAMBER OF COMMERCE: Mayor Frazee stated he Motion had audited the bills for the Chamber of to the best of his knowledge. He recommended Commerce and found them to be true and correct xxx Ayes $4,446.23. reimbursement to the Chamber in the amount of ADJOURNMENT: e Motion By proper motion, the meeting was adjourned at 10:55 P.M. to Tuesday, September 9, 1975 at Respectfully submitted, 7:OO P.M. in the City Council Chambers. xxx Ayes *&a- NORA K. GARDINER, Deputy City Clerk Betty Rumer, Recording Secretary Pro Tem 0