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Home My WebLink About1975-10-21; City Council; Minutes'3 CITY OF CARLSBAD COUNCILME1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: October 21, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers INVOCATION was given by Vice Mayor Chase. APPROVAL OF MINUTES: Minutes of the regular meeting of October 7, 1975 were approved by one motion with the following correction: Page 4 should reflect a "No" vote for Councilman Skotnicki. Minutes of the adjourned regular meeting of October 14, 1975 were approved with the following corrections: Agenda Bill #3489, page 2, paragraph #1: Councilman Lewis moved that Mayor Frazee be appointed as a member of the North San Diego County Transit Advisory Committee. The motion was made by Councilman Lewis wSth Councilman Frazee, Lewis and Chase, voting aye and Council members Casler and Skotnicki voting no. Paragraph #3: Councilman Chase moved that Councilwoman Casler be appointed the alternate for the North San Diego County Transit Advisory Committee. The motion was made by Councl'lman Chase with all Council members voting "aye*'e PAYMENT OF BILLS .AND 'RATTfI'CATION OF PAYROLL - Authorization was given the payment of bills for Motion General Expenses of the City: City Operations Ayes xx $172,853.83, Water Operations $42,484.09, Invest- ments $1,000,000.00, Payroll Transfer $77,952.59 for a total of $1,293,290.51 for the period of October 1, 1975 through October 15, 1975 as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll Motion X in the amount of $118,329.28 for the period of Ayes xx September 22, 1975 through October 5, 1975 as certified by the Director of Finance and approved by the Auditing Committee. D R [:.34] CHAMBER OF COMMERCE: Vice Mayor Chase stated he had audited the bills Motion true and correct to the best of his knowledge. He recommended reimbursement to the Chamber in the amount of $2,500.77. CONSENT CALENDAR The following items were approved by one motion Motion X affirming the action on the Consent Calendar: Ayes xx " xx Ayes for the Chamber of Commerce and found them to be 1 CITY OF CARLSBAD COUNCILME1 -2- October 21 3 1975 - a x-/ b B C991 C991 C991 1. AGENDA BILL #2207 - TENTATIVE MAP EXTENSION CABOT, CABOT & FORBES, Sup'p'1.emen.t #2 Resolution No. 3761 approving with conditions an extension of Tentative Map for CT 73-49 was adopted, subject to the deletion of Conditions 1 through 4 of Resolution No. 3761 as presented and the addition of Conditions 1 and 2 contained il the memorandum dated October 21, 1975 from the Planning Director to the City Council being included. Said Tentative Map Extension was granted for a period of one year to expire November 20, 1976. 2. AGENDA BILL #3182 - TENTATIVE MAP EXTENSION BARRIE F. CHASE (Chase' Financia'l) Su.pplement #3 Resolution NO. 3762 approving with conditions, an Extension of Tentative Map for CT 74-7 was adopted subject to the deletion of Conditions 1 and 2 of Resolution NO. 3762 as presented and the addition of conditions 1 and 2 contained in the memorandum dated October 21, 1975 from the Planning Director to the City Council being included. Said Tenta- tive Map Extension was granted for a period of one year to expire September 17, 1976. 3. AGENDA BILL #3213 - TENTATIVE MAP EXTENSION CARRILLO 'ESTATES - Supple.m'ent #2 Resolution NO. 3763 approving an Extension of Tentative Map for CT 73-29 was adopte subject to the addition of Conditions 1 and 2 contained in the memorandum dated October 21 , 1975 from the Planning Director to the City Council being included. Said tentative map extension was grante for a period of one year to expire November 6, 197 r [ 991 4. AGENDA BILL #3215 - TENTATIVE MAP EXTENSION STANDARD PACIFIC .(Sea Pin'es) - Supple'ment' #2 Resolution NO. 3764, approving with condltions an Extension of tentative Map for CT 74-16 was adopted, subject to the addition of Conditions 1 and 2 contained in the memorandum dated October 21, 1975 from the Planning Director to the City Council being included. Said Tentative Map Extension was granted for a period of one year to expire November 6, 1976. ! I. [104] 5. AGENDA BILL #3390 - NORTH COUNTY TRANSIT SYSTEM - FREE BU'S RIDES The Council agreed that the City offer free bus transportation for Carlsbad citizens November 3 through November 15, 1975. [E171 6. AGENDA BILL #3491 - MANPOWER TRAINING OBJECTIVES - OI'C-C'ET, San Diego County, Inc. Resolution No. 3765 supporting the manpower training objective of OIC-CET of San Diego County, Inc. was adopted. [/I51 7. AGENDA BILL #3492 - CITY HALL CLIMATE CONTROL [/lo] SYSTEM MODIFICATION - Resolution No. 3766 approving specifications and authorizing the City Clerk to invite bids for the modification of the Climate Control System in Carlsbad City Hall, was adopted. I ~ CITY OF CARLSBAD COUNCILME1 -3- kf8 ruI October 21, 1975 rn. [74] 8. AGENDa BILL #3493 - ADOPTION OF AFFIRMATIVE ACTION PROGRAM Resolution No. 3767 adopting an Affirmative Action Program for the City of Carlsbad was adopted. [97] 9. AGENDA BILL #3494 - ACCEPTANCE OF BARRIER STRIP - MORNING GLORY .LANE - PARCEL SPLIT NO. 244 B Resolution No. 3768 accepting for public street purposes a certain previously rejected strip required for the completion of Morning Glory Lane Cul-de-sac improvements was adopted. C4.11 10. AGENDA BILL #3495 - CLAIM AGAINST THE CITY JOHN T. PAUL Resolution No. 3769 denying claim and directing the City Attorney to refer the matter to the City'.: insurance carrier was adopted. ORDINANCES FOR ADOPTION The following Ordinance was presented for a second reading and adopted: [87] 11. AGENDA BILL #3461 -- PUBLI'C SWIMMING POOLS ADOPTION OF COUNTY .ORDI.NANCE ORDI'NANCE NO. 5047, AMENDING TITLE 6, CHAPTER Motion X 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITIOI OF SECTIONS 6.02.030, 6.02.040 and 6.02.050 TO Ayes xx WAIVED. WAS ADOPTED BY TITLE ONLY AND FURTHER READI'NG WAS PROVIDE FOR A HEALTH INSPECTION OF SWIMMING POOLS. PUBLIC HEARINGS L'll3112. AGENDA BILL #3496 - .REZONE OF CER?AIN PARCELS GENERAL PLAN/ZONING ORDINANCE CONSISTENCY Following a staff report by the Planning Director, at which time transparencies were exhibited for Council review, lengthy discussion ensued by the Council and questions were asked of the Planning Director regarding Tot area, parking set back and masonry wall requirements around storage areas, in the M (Industrial) Zone and P-M (Planned Industrial) Zone. Further, the Planning Director responded to questions regarding the parcels pro- posed to be Toned P-U (Public Utility) and refer- ence was made to a memorandum dated October 10, 1975 from the Planning Director to the City Manager which discussed an alternative to the PU zone for certain parcels. It was pointed out by the Planning Director that this alternative was not presented to the Planning Commission at their Pub1 ic Hearing. The Vice Mayor inquired if anyone wished to be heard with regard to the proposed zone changes in connection with the General Plan/Zoning Ordinance Consistency,. I) ~ - b I, CITY OF CARLSBAD COUNCILME1 -4- " 1131 I: 919 1 October 21, 1975 The following persons were heard expressing thei.r desire to have further review of certain portions of the proposed rezoning, specifically those portions involved with the P-M and P-U Zones. Specific objections were: decrease in property '1 value due to restriction of land use, the pro- hibitive cost of a masonry wall, prohibition of proposed future plans, and the set back requirement: MR. HARRY TRUAX, 4125 Harbor Drive, Carlsbad representing Mr. Jim Winslow of Winslow Pacific, 6100 Avenida Encinas. MR. JOEL PRESCOTT, 5431 Los Robles, a resident and real estate broker MR. STEVE POSEY, representing Sargeant Industries, 6020 Avenida Encinas, Carlsbad. MR. JACK KUBOTA, 3800 Skyline Drive, representing Mr. Win Priday, Manager of the Carlsbad Municipal Water District. The public hearing was closed at 7:47 P.M. as no one else wished to be heard. Lengthy discussion was held by the Council regard- ing the comments made by the speakers during the Public Hearing. A motion was made that Item B of Motion the Memorandum dated October 10, 1975 from the Ayes Planning Director to the City Manager regarding 17 parcels of land proposed to be rezoned from M to P-M be referred back to the Planning Commissi(n for further consideration and that the comments of the Council be relayed to the Planning Commission for inclusion in their revi'ew. Further, it was moved that Exhibits 3 and 10 under Motion Item C of the above referenced memorandum with Ayes regard to parcels of land owned by CMWD and the State of California Road Maintenance Station, be referred back to the Planning Commission for review and comment. It was further moved that Items A and D and Exhibi :s 7 and 8 under Item C, be referred to the City Motion Attorney for preparation of the documents necessar.1 Ayes for approval of the proposed zone changes. 13. AGENDA BILL #3497 - REVERSION TO ACREAGE - LA COSTA LAND COMPANY (CT 73-10) A staff report was given by the City Engineer who reviewed the proposed reversion to. acreage and depicted the location of the property on a wall map which was exhibited for review. Further, the City Engineer stated the property was known as "La Costa Estates North". Discussion was held with regard to fees, deposits, and bonds on the subdivision and a clarification with reg'ard to this matter was made by the City Manager. Vice Mayor Chase inquired if anyone wished to be heard. No one wished to be heard and the public hearing was closed at 8:lO P.M. v f) mu P X xx X xx X xx - b D CITY OF CARLSBAD COUNCILME .I I ~ -5- 1 October 21 , 1975 r Discussion was held by the Council and a motion was made that the following Resolution be adopted by title only and with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3773 APPROVING A FINAL MAP TO GENERALLY LOCATED ON THE EAST SIDE OF ALGA ROAD COSTA ESTATES NORTH AND APPROVING THE RELEASE OF IMPROVEMENTS SECURITY AND RETURN OF FEES FOR SAID SUBDIVISION was adopted. REVERT MAP NO. 7992, CARLSBAD TRACT (CT 73-10) BETWEEN ALFIL WAY A-ND BABILONIA STREET KNOMN AS LA Motion Ayes By minute motion the staff was instructed to re- Ayes lease funds in the amount of $16,707.33 as Mot i on indicated in Exhibit I'D" of Agenda Bill No. 3497. 14. AGENDA BILL #3498 - SPECIFIC PLAN/TENTATIVE !['"' MAP - SOMMERS DEVELOPMENT .CORPORATION ~ Vice Mayor Chase informed the Council a request had been received from Mr. Sommers that this item be continued to the next regular meeting. By concensus of the Council, Agenda Bill #3498 was continued to the next regular meeting, I [loll 15. AGENDA BILL #3499 - REQUEST TO OPERATE TAX TCAB S,ERV.ICE '-' JACK. .KNOX i The City Manager stated three taxi cab companies I are now operating in the City of Car1sba.d and a I new applfcation has been received from Mr. Jack Knox of A-1 Taxi Company to provide taxi service for the City. He further explained that Mr. Knox will be the sole operator and wi'll operate only one cab from a taxi stand in Carlsbad, The Vice Mayor inquired if anyone wi'shed to be heard and MR. JACK KNOX, applicant, explained the proposed management and operation of his business. He urged approval of his application and stated he would comply with every requirement imposed by the City. No one else wi-shed to be heard and the Public Hearing was closed at 8:17 P.M. Discussion was held by the Council regarding competition and the certificate of convenience. A motion was made to refer the matter to the City Attorney for preparation of the documents necess- ary for issuance of a Certificate of Convenience following compliance by Mr. Knox of all applica- ble sections of the Municipal Code. Motion Ayes Motion Ayes RECESS: Vice Mayor Chase called a recess at 8:20 P.M. and the meeting was reconvened at 8:30 P.M. with Council members Lewis, Chase and Cas1 er present. DEPARTMENTAL AND CITY MANAGER REPORTS Planning " I ['I131 16. AGENDA BILL #3483 - APP,ROVAL OF SPECIFIC PLAN AMENDMENT - PONDEROSA HOMES (Kai'ser-Aetna) I Vice Mayor Chase informed the Council a request had been received from the applicant for a I ! A @I X xx X xx xx X xx CITY OF CARLSBAD COUNCILME1 - B P - -6- October 21 , 1975 I I continuance of this item until the next regular meeting. By concensus of the Council, Agenda Bill #3483 was continued to the next regular meeting [I131 17. AGENDA BILL #3484 - GRANTING ZONE CHANGE AND [gg] APPROVING TENTATIVE MAP - LA COSTA LAND COMPANY Supplement #1 This matter was heard October 7, 1975 and the staff was directed to prepare the documents necessary for approval. The following Resolution was adopted by title only and with the unanimous consent of the Council further reading was waived: RESOLUTION NO. 3770, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC 167) FROM NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY AND SAN MARCOS CANYON. Ordinance No. 9439 was introduced for a first reading by title only and further reading waived: RD-M TO R-1-10,OOO ON PROPERTY LOCATED ON THE ORDINANCE NO. 9439, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-167) FROM RD-M TO R-1-10,OOO ON PROPERTY LOCATED ON THE NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY AND SAN MARCOS CANYON. The following Resolution was adopted by title only and with the unanimous consent of the Council further reading was waived: RESOLUTION NO.. 3771, APPROVING WITH CONDITIONS ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY AND SAN MARCOS CANYON. TENTATIVE MAP (CT 75-6) FOR 105 LOT SUBDIVISION [I131 18. AGENDA BILL #3485 - REZONE OF CERTAIN PROPERTIES TO (F-P) FLOOD PLAIN OVERLAY ZONE This matter was heard October 7, 1975 and the staff was directed to prepare the documents necessary for approval. The followtng Resolution was adopted by title only and with the unanimous consent of the Council further reading was waived. RESOLUTION NO. 3772, ANNOUNCING FINDINGS AND DECISION ON A CHANGE OF ZONES (ZC-161, 162 and 163) REZONING A NUMBER OF PARCELS TO APPLY THE FLOOD PLAING (F-P) OVERLAY ZONE was adopted. Ordinance No. 9440 was introduced for a first reading by title only and further reading was waived: Motion xx Ayes X Motion xx Ayes X Motion xx Ayes X Motion xx Ayes X - b D CITY OF CARLSBAD COUNCILME1 " E921 C991 -7- October 21 , 1975 ~~ ORDINANCE NO. g440, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO APPLY THE FLOOD PLAIN (F-P) OVERLAY ZONE T A NUMBER OF PROPERTIES LOCATED THROUGHOUT THE CIT OF CARLSBAD IN THE BUENA VISTA CREEK, AGUA HEDIONDA CREEK, AND SAN MARCOS CREEK FLOOD PLAINS Pub1 ic Works 19. AGENDA BILL #3500 - PHASE I11 - ENCINA WATER POLLUTION CONTROL FACILrTIY The City Engineer gave a staff report on the need for the Phase I!II upgrading and en1.argement of the Encina Water Pollution Control Facility and state the Joint Advisory Committee approved a Resolutio requesting local planning efforts by the local agencies. During Council discussion, it was pointed out that a memorandum had been distributed to the Council from Councilman Skotnicki, dated Oct. 18, 1975 in which he urges the deletion of lines 22 and 23, Page 1 of Resoluti'on No. 3774. Further discussion was held and a brief report was given by Councilman Chase. The Planning Director summarized some of the conditions which will be imposed by EPA with regard to the upgrading and enlargement of Phase 111. A motion was made that the following Resolution be adopted, as presented, by title only and with. the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3774 REQUESTING THE CITIES OF SAN MARCOS AND VISTA AND THE COUNTY OF SAN DIEGO ZING CITY PARTICIPATION IN LOCAL PLANNING EFFORTS TO ENGAGE IN LOCAL PLANNING EFFORTS AND AUTHORI- 19-A. AGENDA BILL f2091: -TENTATIVE MAP EXTENSION CT 73-8) CARLSBAD PALISADES .(Douglass S.outhwest 'Corpor'a'tic A staff report was given by the City Engineer who referred to a wall exhibited displayed for Council review. He stated the staff is recommen- ding the addition of two conditions which are contained in the Planning Director's memorandum to the City Council dated October 21,) 1975. Discussion.was held on the intersection of Tamarack Avenue, Skyline Drive to Birch Street. MP,. LeW Pritten, resident and Mr. Leo Minor, applicant, requested to be heard by the Council. Since there was no objection from the Council, permission was granted to Mr. Pritton and Mr. Minor to be heard. An inquiry was made by MR. PRITTEN, 330 Chinquapi as to when the widening of Tamarack Avenue would be accomplished. He further pointed out that the walk way along Tamarack Avenue was not sufficient W 0 Y d n 'I lr - I n Motion Ayes X xx X xx - b D " :2rq 12!j] 19!3] CITY OF CARLSBAD COUNCILME -8- October 21, 1975 24% and stated the expansion of the subdivision would increase traffic making it more hazardous. He inquired if perhaps parking could be restricted to one side of Tamarack in that vicinity. MR. LEO MINOR, 403 Searidge, La Jolla, representin the applicant, was heard with regard to specifics of the project. He stated it was felt that the condition regarding the bicycle path or meandering path should be reviewed by the staff once again since it appeared to hi'm that a bicycle path is unsiutable because of the 10% grade. Further he stated the developer is willing to work with the City on all right of ways to insure a safe inter- section and solidify plans. C No one else wished to be heard and the public hearing was closed. I The City Manager responded to Mr. Pritten's question regarding proposed plans for the widening of Tamarack Avenue and Vice Mayor Chase informed Mr. Pritten that the question he raised regarding parking on Tamarack Avenue was one which should be discussed with the Traffic Safety Commission and suggested Mr. Pritten contact that Commission. The following resolution was adopted by title only and with the unanimous consent of the Council further reading was waived. RESOLUTION NO. 3758, APPROVING WITH CONDITIONS AN DEVELOPMENT OF 331 UNITS ON PROPERTY GENERALLY LOCATED ON THE WESTERLY SIDE OF AND ADJACENT TO EL CAMINO REAL, APPROXIMATELY 200 FEET NORTHERLY OF THE INTERSECTION OF KELLY DRIVE AND EL CAMINO ject to the addition of Conditions 1 and 2 con- tained in the memo dated October 21, 1975 from the Planning Director to 'City Council. EXTENSION OF TENTATIVE MAP (CT 73-8) PERMITTING REAL, CONSISTING OF APPROXIMATELY 63 ACRES, sub- Mot i 01 Ayes City Manager Reports I 20. AGENDA BILL #3369 - COLLEGE CANNON ASSESS- MENT DISTRICT - CONSULTANT SELECTION I The City Manager requested this matter be continued until the next regular meeting. It was moved that the matter be continued to the next regular meeting. 21. AGENDA BILL #3488 - DEANNEXATION OF CARLSBAD SEWER DISTRICT REQUIRED BY CT 73-29,' 'UNIT NO. 1 (CARRILLO ESTATES) A staff report was given by the City Engineer who provided background information for the Council The City Manager clarified the fact that the detachment was for sewer purposes only and the property was still within the Carlsbad area for police, fire and administrative purposes. Motion Ayes I X X X X X x .I b CITY OF CARLSBAD COUNCllMEl -9- October 21, 1975 ad! ~ 'A5 A motion was madethat the following Resolution be adopted by title only and with the unanimous con- sent of the Council, further reading was waived: RESOLUTION NO. 3759, REQUESTING LEUCADIA COUNTY Motion X WATER DISTRICT TO INITIATE PROCEEDINGS TO ANNEX Ayes xx ESTATES) UNIT NO. 1. COUNCIL REPORTS AND ADDITIONAL BUSINESS: Councilwoman Casler reported briefly on a meeting she attended for the Committee on Senior Citizen"s Affairs and also informed the Council that a geneology exhibit is being displayed in the Librar:, for anyone who is interested. It was further reported that the Library parking lot lighting is scheduled for next week. ADJOURNMENT By proper motion, the meeting was adjourned at 9:40 P.M. Respectfully submitted, TERRITORY KNOWN AS CARLSBAD TRACT 73-29 (CARRILLO B NORA K. GARDINER Deputy City Clerk B