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HomeMy WebLinkAbout1975-10-07; City Council; Minutes- B D - 1701 181 ] 14.51 [ 991 [!io] 9 7 ] CITY OF CARLSBAD COUNCILME Meeting of: CITY COUNCIL Date of Meeting: October 7 , 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers . ROLL CALL : Mayor Frazee was absent. INVOCATION was given by Vice Mayor Chase. PLEDGE OF ALLEGIANCE was lead by Councilman Lewis APPROVAL OF MINUTES: Minutes of the regular meeting of September 16, 1975 were approved as presented. Minutes of the adjourned regular meeting held September 23, 1975 were approved as presented Minutes of the adjourned regular meeting held September 30, 1975 were approved as presented. Minutes of the adjourned regular meeting held October 1, 1975 were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for General Expenses of the City: City Operations $218,119.73, Water Operations $53,569.39, Invest- ments zero, Payroll Transfer $77,333.91 for a total of $349,023.03 for the period of September 16, 1975 through September 30, 1975 as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll in the amount of $118,651.94 for the period of September 8, 1975 through September 21, 1975, as certified by the Director of Finance and approved by the Auditing Committee. HOUSING AUTHORITY The Council adjourned to the Housing Authority at 7:08 P.M. and reconvened at 7:15 P.M. with all Council members present. CONSENT CALENDAR The following items were approved by one motion affirming the action on the Consent Calendar as no one wished to be heard. - 1. AGENDA,BILL #3343 - SUPPLEMENT NO. 2-ACCEPTAN OF WORK - BEACH ACCESS STAIRWAY - ELM AVENUE AT OCEAN STREET. The Council accepted the work of L.R. Hubbard, Jr. on behalf of the City and in- structed the City Clerk to record the Notice of Completion and release all bonds 35 days after recordation. 2. AGENDA BILL #2015 - SUPPLEMENT NO. 2 - ACCEPT OF PUBLIC IMPROVEMENTS - ALICANTE HILLS. The Cit Council accepted the public improvements as com- pledted and directed the Utilities/Maintenance Director to commence their maintenance, the Finan Director to release deposits and instructed the City Clerk to release the performance bonds. I c -. / 1 -. ( - X xx - B B CITY OF CARLSBAD COUNCILME " [ 971 ~341 ~1.51 ['I 071 P111 I31 1 E41 J ~'41 I [991 1971 1941 C571 c851 -2- October 7, 1975 ~~ ~ 3. AGENDA BILL #3474 - ACCEPTANCE OF STREET IMPROVEMENTS FOR MAINTENANCE - LA COSTA AVENUE . The City Council accepted La Costa Avenue street improvements as shown'on County drawing T-1004 (Carlsbad Drawing No. 169-8) and directed the Utilities/Maintenance Director to commence their maintenance. 4. AGENDA BILL #3475 - PURCHASE OF VEHICLE AND VARIOUS OTHER ITEMS. Authorization was given for the purchase of a vehicle and various other items through the State Office of Procurement and Resolution No. 3675 was adopted. 5. AGENDA BILL #3476 -PROPOSED STREET VACATION - OSUNA DRIVE - ANACAL ENGINEERING Resolution No. 3753 declaring intention to vacate a portion of Osuna Drive as adopted. Public hearing will be held at the City Council Chambers at 7:OO P.M., November 4, 1975. 6. AGENDA BILL #3477 -CLAIM AGAINST THE CITY - COVE'S END CONDOMINIUM. Resolution No. 3754, denying a claim against the City, was adopted. 7. AGENDA BILL #3755 - CLAIM AGAINST THE CITY - CHARLES ELERDING, JR. Resolution No. 3755, denying a claim against the City, was adopted. 8. AGENDA BILL #3479 - CLAIM AGAINST THE CITY - MICHAEL JOHN POTTER. Resolution No. 3756, denying a claim against the City was adopted. 9. AGENDA BILL #3480 - CLAIM AGAINST THE CITY - MICHAEL S. KERWOOD. Resolution No. 3757, denying a claim against the City, was adopted. ORD1,NANCES FOR ADOPTION: 10. AGENDA BILL #3417 - SPECIFIC PLAN AMENDMENT (SP-104A) - CITY OF CARL-SBAD (Larwin - San Diego, Inc. ) Due to the fact that there was not a full Council and that there will not be a full Council at the next regular meeting because of representation at the League of California cities meeting, it was agreed that this matter be continued to November 1975 at 7:OO P.M. PUBLIC HEARINGS: 11. AGENDA BILL #3481 - FINAL ENVIRONMENTAL IMPACT REPORT - MAY STORES, INC. A lengthy staff report was given by the Planning Director. He showed a transparency depicting the expansion of Plaza Camino Real Shopping Center. He pointed out the parking facilities and circula tion systems that would be concurrent with the expansion. Another transparency was shown depict the chronological dates of public hearings and Planning Commission meetings and hearings on the Final EIR. The Planning Director reported that t EIR was submitted to various reviewing agencies including Comprehensive Planning Organization, St Fish and Game Department, Sanitation and Flood Control, several local groups, Cities of Vista an Oceanside and other pertinent organizations. q I! t.1 < c Motion Ayes Y ng e te 1 1 X r(x - B 8 - CITY OF CARLSBAD COUNCILME1 a -3- October 7, 1,975 d// I The Planning Director reported that the staff had studied traffice circulation within the shopping center including peak hour traffice problems, potential road extensions and street realignments. He showed a transparency on the existing facilitie Four additional environmental impact situations had been studied among which were a) Siltration and run off during the construction phase and consequences to the Buena Vista Lagoon, b) Pedes- trian safety and conflict with automobiles, the options and alternatives, c) Air quality and the environmental significance and, d) impact on city services. The Planning Director answered questions from the Council regarding the parking requirements and whether or not they were in conformance with the General Plan. Other questions were answered re- garding air quality, pedestrian safety, street realignment and he explained that all testimony given at the Planninc Commission hearing was in- corporated as part of the EIR-295. Vice Mayor Chase then opened the matter up for public hearing at 7:45 P.M. I MR. FAY ROUND, Westec Services, 17632 Irvine, Tustin, California, who is under contract to May Co. spoke. He stated he had worked closely with the Planning Department of the City regardin the environmental impacts of the shopping center. The comments from the State Fish and Game Depart- ment have been incorporated in the mitigating measures in the EIR. He was in agreement with the Planning Director and in favor of EIR-295. IC MR. HENRY THOMPSON of 330 Chestnut Avenue, Carlsbad spoke in opposition to EIR-295, question. ing the westerly boundary of the shopping center had a planned use. MRS. VIRGINIA THOMPSON spoke stating the Council should tanke into consideration the effects on th wild life and natural resources of the Buena Vista Lagoon and its future use. No one else wished to be heard and the public hearing was closed. Further discussion ensued and the Planning Director was asked to clarify the westerly boundaries of the shopping center. The Public Works Administrator gave an explanation on sil- tration basins used in controlling flood waters. The City Manager explained the original intent on the proposed bonding and the city's responsi- bility towards participation in the project. A motion was then made that the City Council accept the Planning Commission's recommendations regarding the certification of EIR-295 and that all testimony occuring before the City Council be incorporated as a part of the EIR-295. RECESS Vice Mayor Chase called a recess at 8:15 and the meeting was reconvened at 8:25 P.M. with I a1 1 Counci 1 members present. S. ~ I ~ I , I ? Mot i on Ayes "M. x: - D 0 q I CITY OF CARLSBAD COUNClLh - 4- October 7, 1975 d/a I The City Manager pointed out to the Council that in regards to the May Company expansion the staff needed further policy direction concerning one or two items. The total dollar amount of participatio was never firmly established and there are several problems that should be looked into regarding the City's participation in upgrading the existing portion of the parking lot, known as Marron Road and the extension of Marron Road to Jefferson. r Vice Mayor Chase moved that the staff be instructed of Understanding for Council consideration. $1,500,000 maximum and return with a Memorandum Ayes to proceed with negotiations on the basis of Motion Noes [!32]12. AGENDA BILL #3482 - APPEAL ON DECLARATION OF [E~~INEGATIVE ENVIRONMENTAL EFFECT - GRADING PERMIT FOR TANK #7 ENCINA POWER PLANT - CARLSBAD COMMUNITY CAUSE A staff report was given by the Planning Director. He reported on the background on the EIR and the facts leading up to the appeal by Carlsbad Comrnunit Cause. The staff had the advantage of a number of agency's comments and evahations on the total Encina facility including the tank. I He reviewed the issues in making the evaluation stating that staff did take into account six impacts in connection with the grading permit and construction of the storage facility. He reviewed using an aerial photo of Carlsbad, the disposal site, need for the tank, air quality in relationship to tank emissions, aesthetics and the relationship of oil storage and tanker traffic. The staff used the findings of the Regional Coast Commission and other evidence in determining the environmental effect of the grading permit. Question and answer period ensued with explanations regarding slopes and the site of the proposed refinery. Draining of the dirt and hauling was discussed and Council.was assured that transporting materials was governed by Ordinance. Taking into consideration all the factors it was staff's opinion these factors could be mitigated by specifi plan conditions. I Vice Mayor Chase opened the public hearing and asked if anyone wished to speak. I JOAN JACKSON, 1120 Chinquapin, Carlsbad, represent ing Carlsbad Community Cause read from a statement regarding citizen participation in government; ultimate disposal of material, damage to roads and Impact Report and questioned the increased demand for storing fuel oil in this area. She questioned Diego County. Air quality environmental effects should be considered.in an EIR, tanker and barge traffic, oil spills and the possibility of fuel other than low sulphirr fuel being used in the future. , personal property; the need for an Environmental I whether this storage was for an oil depot for San I ~ - JEP ! t X - D 8 - CITY OF CARLSBAD c - 5- October 7, 1975 I - An EIR would determine all hazards and provide in- formation to insure that the project does meet the standards of the City and Ordinance No. 9279 dated August 3, 1971 before a grading permit is issued by the Building Department. Further, the 7th storage tank was not included in the EIR. LEW PRITTEN, 330 C.h.inquapin, Carlsbad, California addressed the Council and requested they consider an EIR. He questioned the tanker traffic and air quality, and asked the City to take a good look at the tanker terminal question. The EIR would be the way to review this question. Air quality he felt was looked at generally in the San Diego basin and wanted an EIR to show the effects of air quality in Carlsbad itself, and the environmental effects of spillage. GEORGE FLANDERS, 2168 Chestnut Avenue, Carlsbad stated that he though there was no better way to take a look at all proposals by the San Diego Gas and Electric Company than by an EIR. The citizens have a right to have the environmental impact made known by an outside agency through an EIR. ED GABRIELSON of San Diego Gas & Electric Company agreed with the decision of Planning Director and stating all information was made available and presented and requested that SDG & E be allowed the grading permit to commence construction. Mr. Gabrielson then answered questions from the Council regarding tanker and barge t,raffic. He also explained the dirt removal and hauling plans and stated San Diego Gas & Electric Company would comply with all city ordinances. MR. YOUNGSTROM, 3446 Alberta Drive, Rancho Carlsbad asked the Planning Director to clarify the storage site, possible silting or drainage impact along the easterly edge of Rancho Carlsbad mobile homes, and requested that an EIR be submitted. MR. GENE JACKSON, Chinquapin, Carlsbad spoke regarding the relationship between barging from the South Bay facility and Carlsbad by San Diego Gas & Electric and the increased traffic. He felt an EIR would look into this increased barging practice No one else wished to speak and the public hearing was closed at 9:30 P.M. A question and answer period then ensued and Mr. Gabrielson answered questions from the Council. The Planning Director further explained likelihood of water drainage around Rancho Carlsbad, air quality and any adverse effects on our environment. It was the concensus of the Council the impacts identified were not so significant as to cause a substantial environmental impact, and that the tank design, landscaping program and local ordinance would mitigate any of the impacts identi fied as part of the 7th tank constru.ction. - It was moved that the Council deny the appeal of the request for an EIR and uphold the Planning Commission's decision to issue a negative declara- I tion for the grading permit associated with Encina CQLJNCILME I ~ ~ i d Motion Ayes Noes X X CITY OF CARLSBAD CQUNCILME D E: I ~ - - b- October 7, 1975 I ~~” Tank No. 7 and the matter returned to staff for preparation of necessary documents. I R.ECESS: Vice Mayor Chase called a recess at 9:45 P.M. and the meeting was reconvened at 9:55 P. with all Council members present. 1 T13113. AGENDA BILL #3483 - SPECIFIC PLAN AMENDMENT TIME EXTENSION/PHASING - PONDEROSA HOMES I A staff report was given by the Planning Director regarding the amendment to SP-131. He explained the amendment was two fold; 1) to eliminate time limits placed on the specific plans for commencemen of construction and 2) amending the phasing of the project. Reference was made to Exhibit A, Amended Specific site plan noting that Phase I and I1 were identical. The major change occured in Phases 11, IV and V and included open space and park projects. He pointed out that all parks would be completed by the end of Phase IV. Also, all public facilities including schools can be provided at time of need. t A question and answer period then ensued with questions from the Council regarding open space, obligation of City to provide services and pedes- trian circulation system. The City Attorney explained the plan before the Council is an amended plan, amending the original Ordinance to change the time limit and change in the phasing. The Planning Director clarified that the amended plan was in conformance with the General Plan and further explained the phase changes of the sub- division. Vice Mayor Chase opened the public hearing at 10:15 P.M. and asked if anyone wished to speak on behalf of the applicant. LYLE GABRIELSON, of Rick Engineering 5620 Friars Ro.ad, San Diego, spoke in favor of the amended plan. No one else wished to speak and the public hearing was closed. By motion of the Council the matter was returned to staff for preparation of the necessary documents amending SP-131, subject to conditions contained in Planning Commission Resolution No. 1184. 14. AGENDA BILL #3418 - SUPPLEMENT #2 - TENATIVE CORPORATION C1391MAP APPROVAL - JOHN E. McCOY FOR S.L. & B. SERVICE A staff report was made by the Planning Director stating that this specific plan is now in con- formance with circulation in the General Plan as it relates to Elm Avenue and the offsite access road Appian Road. The map is now consistent with the Geologic and Seismic Safety Element and now has satisfactory erosion and slope stability. It is also consistent with the Open Space and Conserv tion Element ‘a - Motion X Ayes X X Noes CITY OF CARLSBAD COUNCfLME D l D October 7, 1975 -7- 2?5 I ~ ~~ He further explained the grading and slope require- ments and relationship of Appian Road and Elm Avenue. Provision has been included in the sub- division for access to private property and conform with Circulation Element. S ice Mayor Chase opened the matter for public hearing at 9:40 P.M. I JOHN McCOY of S.L. & B. Service Corporation spoke in favor of approval. I No one else wished to be heard and the public hearing was closed. It was agreed that the matter be returned to staff for preparation of the necessary documents for approval of the Tentative map, and that the documen be returned to the City Council for consideration at such time as the Larwin Specific Plan has been approved and the Ordinance becomes effective. I 1 Motion Ayes sNoes Mr. McCOY was asked if he would agree to the docu- ments being returned for approval after the Larwin specific plan becomes effective. Mr. McCOY stated that he agreed to this procedure. ‘99115. AGENDA BILL #3484 - ZONE CHANGE/TENTATIVE in]_MAP - LA COSTA LAND COMPANY (ALICANTE HILLS) The Planning Director gave a staff report using an overhead exhibit. A variance is also requested by La Costa for nine panhandle lots. The Planning Director explained that the overall density had been decreased. The open space created in the subdivision serves a dual purpose of meeting open space requirements and 100 year flood requirements. He also discussed the proposed security fence and staff was satisfied that the road would be avail- able for emergency needs and utility purposes. The City Manager explained the difference between dedicated open space and private parks. I Vice Mayor Chase opened the matter up for public hearing. BOB LADWIG of Rick Engineering further explained the security fence and noted there would be freedom of movement for all vehicles. The City Manager said the City would enter into an agreement whereby the road could be fenced and when the City requires use they could require removal of the fence. Discussion was then held regarding the iandscape requirements, erosion and siltration, and the open space adjacent to the golf course. FRED MOREY, La Costa Land Company, spoke regarding open space areas and their use and clarified the fact they would be working closely with the staff. The public hearing was then closed at 10:05 P.M. CITY OF CARLSBAD COUNCILME1 I " - D c1 D -8- October 7, 1975 I A motion was made to instruct the City Attorney to prepare the necessary documents for change of zone and approval of tentative map CT 75-6, as outlined in the Planning Commission Resolutions No. 1185 and 1187 with the exception that item 26 be reworded. RECESS: Vice Mayor Chase called a recess at 10:05 P.M. and the meeting was reconvened at 1O:lO P.M. with all Council members present. 13116. AGENDA BILL #3486 - REZONE OF CERTAIN PROPERTI TO (F-P) FLOOD PLAIN OVERLAY ZONE - CITY INITIATED The Planning Director gave a staff report and .with the use of overhead maps explained the necessity of rezoning to bring the properties in conformance with the General Plan recommendations and define land use program to assist in the implementation of Federal Insurance Administration Program. He then reviewed the background of identifying pro- perties as submitted by the Federal Insurance Agency, the U.S. Corps of Engineers and the San Diego County Department of Sanitation and Flood Control. The staff proposes a rezoning program that will meet all three requirements and simul- taneously provide options to insure property owner rights and eligibility for Flood insurance. He clarified the difference between Flood Plain and Flood Way. All properties covered by this rezoning are within the corporate limits of the Cit City Manager pointed out that the staff had been more definitive in identifying properties than the Federal Agencies had been. It was noted that as properties are annexed to the City they will become part of the flood plain if appl icabl e. Discussion was held regarding memorandum to the City Manager dated September 24 concerning an amendment to the F-P (Flood Plain) zone which woulc allow a property owner to withdraw from the Flood Plain zone designation. Vice Mayor Chase opened the matter for public hearing. JOAN PENMAN of 2431 Buena Vista Circle asked for a clarification of flood plain zoning and building requirements. She commended the Council for acting on this before a flood had occured. The public hearing was closed. A motion was made to instruct the City Attorney to prepare the necessary documents for the zone changes. By minute motion the matter was referred to the Planning Commission for public hearing to consider the amendment to the Flood Plain Overlay zone as proposed in Memorandum to the City Manager dated September 24, 1975. I S E - \' u j - i ,Motion i Ayes Motion Ayes ( (X xx X xx CITY OF CARLSBAD COUNCILME1 I e -Y- October 7, 1975 I 1113117. AGENDA BILL #3467 - PROPOSED AMENDMENT TO PUBLIC UTILITIES (P-U) AND LIMITED CONTROL (L-C) The City Manager requested this matter be continued as there were several unresolved matters. Discussion was then held regarding the fact that this is a major amendment to the Ordinances regarding public utility zones and limited control zones. Vice Mayor Chase opened -the matter up for public hearing and no one wished to speak and the hearing was cl osed. A motion was made that this matter be sent back for review and consideration to the Planning Commission as outlined in the City Manager’s Memorandum to the City Council dated October 1, 197 901 i8. AGENDA BILL #2094 - SUPPLEMENT #3 - TENTATIVE MAP EXTENSION - RANCHO LA CUESTA -DONALD B. AYRES,J Vice Mayor Chase made an announcement that a letter had been received that this matter be continued until the meeting of November 4 when all Council members will be present. By unanimous consent this matter was continued. 631 19. AGENDA BILL #3316 -CITY LIBRARY TECHNICAL 451 PROCESSING AREA- CONTRACT NO. 1023 A brief staff report was given stating that the work had been satisfactorily completed on the City Library Technical Processing Area and suggested that everyone should visit. A motion was made approving Change #2 and accepting the work and instructing the City Clerk to record the Notice of Completion and release the bonds 35 days after recordation. Approval was given for the payment of $853.76. 391 20. AGENDA BILL #2091. - SUPPLEMENT #6 - TENTATIVE MAP EXTENSION - CARLSBAD PALISADES (Douglass Southwest Corporation) Vice Mayor Chase informed the Council that a letter had been received from Douglass Southwest Corp. requesting this matter be continued until the next regular meeting. By unanimous consent this matter was continued to October 21, 1975. 7Q] 21. AGENDA BILL #3461 - PUBLIC SWIMMING POOLS ADOPTION OF COUNTY ORDINANCES Following discuss’ion by the Council, Ordinance No. 5047 was introduced for a first reading by title only: I I F -. I - 2/; - Motiot Ayes - Motion Ayes 1 pj xx xx 7 8 CITY OF CARLSBAD COUNCILME -10- October 7, 1975 2/9 v ORDINANCE NO. 5047, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 6.02.030, 6.02.040 AND 6.02.050 TO PROVIDE FOR A HEALTH INSPECTION OF SWIMMING POOLS. CPTY MANAGER REPORTS :i!3]22. AGENDA BILL #3486 - AMBULANCE LICENSE - COVE AMBULANCE SERVICE The City Manager made reference .to the letter sub- mitted by Cliff Jensen, owner and operator of Cove Ambulance Service requesting that they be granted an exclusive private ambulance license in the City. MR. CLIFF JENSEN of Cove Ambulance, Oceanside explained his company has been the number one back up ambulance for Carlsbad Fire Department and wishe to move his business to Carlsbad. He would like to operate on a "need and necessity'' basis. He also reviewed his proposed rates. Discussion followed regarding rates of private ambulances vs. public. What ambulance services are now available to Carlsbad and the Fire Depart- ment capabilities and limitations. It was agreed that the staff return within a reasonable time with additional information con- cerning the possiblity of exclusive ambulance service in the City of Carlsbad. [fi8]23. AGENDA BILL #3487 - VOTING DELEGATE - ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE The City Manager made reference to the exhibits and the voting delegate form. Following brief discussion Mayor Frazee was appoint as voting delegate and Councilman Skotnicki as alternate for the League of California Cities Annual League Conference. COUNCIL REPORTS AND ADDITIONAL BUSINESS [68]Relocation of Airport Vice Mayor Chase reported that C.P.O. will again be discussing the location of the Airport on Monday, October 13, 1975, and the Council should instruct our CPO representative as to the Council's wishes. Previously the Council voted Miramar first choice and Lindberg Field second choice. In his opinion the chances for the Mi ramar 1 ocati on are remote. A motion was ma;de,that the Council stand by its original Motion, Miramar as the first choice and Lindberg Field second choice. The motion failed due to a tie vote. [28] Mayors Youth Committee The City Manager said that he had been requested by Charles Grafft who is the representative for Mayor's Youth Committee for funds to attend the League of California cities conference on Sunday, October 19, in San Francisco. IL I) 1 I f ;G X YX xx xx x xi xi i ! ! CITY OF CARLSBAD CQUNCIlME 41- October 7, 1975 2/9 F m, p A motion was made that the Council contribute representative to the League of California Cities. xx Ayes $100.00 to the Mayor's Youth Committee to send a Motion [2:8]Bicentennial Committee: The City Manager reported on the possible move to the Library by the Bicentennial Committee. The Committee requested space in the Library because of contact with the public. The City Manager questioned moving the offices to the Library and would like to discuss the move further with the Librarian. A motion was made to instruct the City Manager Motion X to administer the location of the Bicentennial Ayes xx Committee to the best interests of the Library and the Committee. rn :25]Detachment of property from City's sewer service area. The City Manager reported he would be presenting an Agenda Bill to the Council at the adjourned meeting work session regarding the detachment of a portion of the Carrillo Ranch property from the City's sewer service area. CITY ATTORNEY ADDITIONAL BUSINESS No additional business. ADJOURNMENT By proper motion, the meeting was adjourned at 12:ZO P.M. to workshop session on Tuesday October 14, 1975 at 7:OO P.M. Respectfully submitted, MAR yTdy4- AR T E. ADAMS, City Clerk Claudette O'Bryan, Recording Sec'retary B