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Home My WebLink About1975-12-02; City Council; Minutes- B 1 w CITY OF CARLSBAD COUNCILME1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 2, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers I ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: 1975 were approved as presented. Minutes of the adjourned regular meeting of X Motion November 10, 1975, were approved as corrected. Ayes X PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for Motion the General Expenses of the City; City Operations Ayes xxx $105,588.25; Water Department $5,912.49; Invest- ments $400,000.00; Net Payroll Transfer $80,521.91 for a total of $592,022.65 for the period November 16, 1975 through November 30, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll Motion I( in the amount of $121,923.78 for the period Ayes xxx November 3, 1975 through November 16, 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 as Ayes xxx no one wished to be heard. Abstained( X [40] 1. AGENDA BILL #3492 - CITY HALL CLIMATE CONTROL [45] SYSTEM MODIFICATION - CONTRACT #1027. Resolution #3795 accepting bids and authorizing execution of contract was adopted. [99] 2. AGENDA BILL # 3421 - SUPPLEMENT #2 - FINAL MAP APPROVAL - LA COSTA ESTATES NORTH. Final Map for Carlsbad Tract 75-4, subject to execution of joint use agreement for easements was adopted. [99].3. AGENDA BILL # 3144 - SUPPLEMENT #2 - ACCEP- TANCE OF PUBLIC IMPROVEMENTS - (S.L. & B. Valley and Oak). The City Council accepted the improvements and directed commencement of maintenance, release of deposits and bonds for Carlsbad Tract 74-8. [107]4. AGENDA BILL #3523 - QUITCLAIM DEED - REMOVAL OF PUBLIC UTILITIES EASEMENT-PORTION OF LOT 28 - SEACREST ESTATES UNIT NO.l. Authorization was given to the Mayor to execute a quitclaim deed for removal of a public utilities easement over a portion of Lot 28, Seacrest Estates No. 1. [45] 5. AGENDA BILL #989 - SUPPLEMENT #3 - RAILROAD LICENSE FOR STORM DRAIN (A.T. & S.F. right of way) PAPAGAYO DEVELOPMENT. Resolution No. 3796 was adopted approving an agreement between City of license and authorizing Mayor to execute agreement. ~ Carlsbad and Papagayo developers for railroad 7 B 1 c CITY OF CARLSBAD COUNCilMEl I " -2- I [10716. AGENDA BILL #3524 - POLE AND ANCHOR EASEMENTS (S.D.G & E.) - .MAXTON BROWN PARK. Authorization was given to the Mayor to execute easement for pole anchor and for pole and overhead facilities to S.D.G & E. 1411 7. AGENDA BILL #3525 - CLAIM AGAINST CITY - JAMES C. HICKMAN, JR. Resolution #3797, denying claim and directing City Attorney to refer to City's insurance carrier was adopted. C411 8. AGENDA BILL #3526 - CLAIM AGAINST CITY - CLARENCE C. BRYAN. Resolution #3798 denying claim and directing City Attorney to refer to City's insurance carrier was adopted. By minute motion, the reading of the text of all Yotion Ordinances before the Council at this meeting Ayes x was waived: xx ORDINANCES FOR ADOPTION: The following Ordinances were given a second reading by title only and adopted: C11419. AGENDA BILL #3467 - SUPPLEMENT #2 - AMENDMENT Motion TO PUBLIC UTILITIES (P-U) AND LIMITED CONTROL CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAP- (L-C) ZONES. ORDINANCE #9441, AMENDING THE xxx Ayes UTILITY AND THE (L-C) LIMITED CONTROL ZONES. ~ TERS 21.36 and 21.39 TO REVISE THE (P-U) PUBLIC C99110. AGENDA BILL #3498 - SUPPLEMENT #l - SPECIFIC Motion PLAN APPROVAL - SOMMERS DEVELOPMENT COMPANY. X AY es ORDINANCE #9443, ADOPTING A SPECIFIC PLAN (SP-170)Noes FOR A 99 LOT SUBDIVISION ON A 21 ACRE PARCEL OF xx AVENUE EXTENSION AND EAST OF EL CAMINO REAL. LAND GENERALLY LOCATED NORTHERLY OF TAMARACK C114111. AGENDA BILL #3505 - SUPPLEMENT #l - PREANNEXA-Motion TION ZONE CHANGE - WILLIAM SAVAGE. ORDINANCE xxx Ayes #9444, AMENDING TITLE 21 OF THE CARLSBAD MUNICI- PAL CODE BY AMENDING THE ZONING MAP TO GRANT A Noes COUNTY R-4 and A-1 (8) to L-C (LIMITED CONTROL) PREANNEXATION CHANGE OF ZONE FROM SAN DIEGO LAGOON. PUBLIC HEARINGS: ON 42.5 ACRES EAST OF 1-5 AND NORTH OF BATIQUITOS C991 12. AGENDA BILL #3511 - APPEAL OF CONDITION OF :, TENTATIVE PARCEL MAP - OAKLEY PARKER. Motion was made that the matter be continued xxx Ayes to the next regular meeting held December 16, Motion 1975. C99I 13. AGENDA BILL #3527 - SPECIFIC PLAN AND TENTA- [I131 TIVE-MAP (Green Valley Knolls) - LA COSTA LAND co. Staff report was given by the Planning Director at which time he displayed a transparency and wall exhibits for the Council's review. He expressed the different levels of maintenance which were recommended by the Planning Commission ~ for an Open Space Maintenance District for the ~ La Costa Area, specifically Lot 226, subject to - CITY OF CARLSBAD -3- December 2, 1975 d - - B b conditions of the proposed map and specific plan MR. FRED MOREY of LA COSTA LAND CO. was heard by the Council and expressed his desire to endor the Staff report and the Planning Commission recommendations for an Open Space maintenance district. MR. LEW PRITTON, 330 Chinquapin, Carlsbad, California addressed the Council and strongly expressed his views in opposition to the request for tentative subdivisions. His greivan was concerned mainly with the increase in taxes that is a result of subdivisions and felt the money spent on projects such as Green Valley Knolls could be better spent on maintenance within the City of Carlsbad. The Mayor inquired if anyone further wished to be heard regarding this matter. No one wished to be heard and the Public Hearing was closed at 7:58 P.M. Inquiry was made as to any previous experience the City might have had with regard to mainten- ance districts. The City Manager stated the City had not experienced an open space mainten- ance district, and the staff would like to investigate this matter and make a report back t the Council. Council discussion ensued and a motion was made that the City Attorney be instructed to prepare documents necessary for approval of the tentativ subdivision map CT 75-7 and Specific Plan (SP-171) as outlined in Planning Commission Resolutions 1203 and 1204. [105]HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 8:OO P.M. and reconvened at 8:25 P.M. with a1 Council members present. RECESS: Mayor Frazee called for a recess at 8:30 P.M. and the Council reconvened at 8:45 P.M. with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: ~ Planning ~[114] 14. AGENDA BILL #3513 - PROPOSED MORATORIUM - I I PLANNED COMMUNITY (P-C) ZONE - (Continued from i 11-18-75) I Staff report was continued to this meeting to present Ordinance #9445 which would adopt a moratorium on Planned Community Zones in the City of Carlsbad. Lengthy discussion followed and it was moved that Ordinance #9445 be adopted as an urgency measure by title only: 2 se ce 0 e 1 COUNCILME1 I Motion Ayes xxx Motion Ayes Noes xxx ORDINANCE NO. 9445: ADOPTED AS AN URGENCY - B b I I: c I CITY OF CARLSBAD COUNCILME1 1 -4- I December 2, 1975 d56 ~ % MEASURE PROHIBITING THE PROCESSING OR APPROVAL OF MASTER PLANS OR SPECIFIC PLANS FOR PROPERTY ZONED PLANNED COMMUNITY (P-C). 1131 15. AGENDA BILL #3510 - SPECIFIC PLAN AMENDMENT OCCIDENTAL LAND, INC. SUPPLEMENT #1 Report was continued to this meeting to present Ordinance #9446 which would amend Ordinance #9404 to revise condition of approval for SP-135. Brief discussion was held by the Council and it Motion was moved that the following Ordinance be Ayes xxx introduced for first reading by title only: ORDINANCE NO. 9446: REVISING THE CONDITIONS OF UNIT CONDOMINIUM PROJECT ON 57 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE AND POINSETTIA LANE. APPROVAL F0R.A SPECIFIC PLAN (SP-135) FOR A 190 INTERSECTION OF LOWDER LANE (SCHUYLER RANCH ROAD) ~1.3 16. AGENDA BILL #3528 - PROPOSED SPECIAL AREA PLAN FOR AGUA HEDIONDA LAGOON. Staff report was given by the City Manager who informed the Council of the staff position and the one held by the San Diego Regional Commission concerning this proposed project. MR. JERRY ROMBOTIS, representative of the property owners on the North Shore of Agua Hedionda Lagoon stated that the property owners have agreed to participate in the formation of a plan and have agreed to jointly hire a consulting staff to prepare this plan. He expressed their desire for the City's assistance with coordination of the staff of the Regional Coastal Commission and by committment of our Planning staff. Brief discussion was held by the Council and llotion motion was made with staff recommendation to iY es xxx direct staff to make application for funds that may be available through the Coastal Commission and the 701 Program. [77] 17. AGENDA BILL #3529 - RURAL RESIDENTIAL DEVELOPMENT STANDARDS The Planning Director gave staff report and after brief discussion among the Council, it was moved that Council concur with staff recom- mendation to instruct City Manager to prepare Motion a report as outlined by the Planning Commission's memo dated November 4, 1975 and report back. xxx Ayes City Manager [70] 18. AGENDA BILL #3530 - DEVELOPMENT OF LAGUNA RIVIERA PARK - DISTRICT 4. AND E701 19. AGENDA BILL #3531 - DEVELOPMENT OF AUTO [94] CENTER PARK - DISTRICT 4. The City Manager stated to the Council that additional information was needed and the only matter to be considered by the Council at this - D 1 1- [281 L741 E481 E281 c321 E371 CITY OF CARLSBAD COUNCILME1 ( -5- December 2, 1975 CSLl time was the design of the parks. The Parks and Recreation Director gave a brief report on the design and specifications of the part and motion was made .to approve the design of the two park sites. 20. AGENDA BILL #3532 - SKATEBOARD REPORT Staff report was given by the City Manager and after brief discussion by the Council, it was moved for staff recommendation which requested that nothing be done at this time to change the status of skateboards. It was the consensus of the Council that the Mayor write a letter to the Youth's Committee thanking them for their assistance on this subject. 21. AGENDA BILL #3516 - DELETION OF DEPARTMENT HEADS FROM CLASSIFIED SERVICE - SUPPLEMENT #1 This issue was heard on November 18, 1975 and the staff was instructed to prepare an ordinance for approval. The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 1186, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.44.030 TO PLACE DEPARTMENT HEADS IN THE UNCLASSIFIED SERVICE. 22. AGENDA BILL #3533 - GENERAL MUNICIPAL ELECTION. A brief report was given by staff and the follow- ing Resolution was adopted by title only; and fur ther reading waived: RESOLUTION No. 3800, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 2ND DAY OF MARCH, 1976 FOR THE ELECTION OF CERTAIN VISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. CITY COUNCIL ADDITIONAL BUSINESS: Councilwoman Casler reported on the Senior Citizens Association. She further reported that the Regional Coastal Commission commended the City of Carlsbad for their thorough approach for environmental review regarding William Savage. REFINERY POLL Councilwoman Casler extended an apology to the Council for letting the press publish prematurely the fact that there would be a refinery poll. Discussion was held by the Council regarding a OFFICERS OF SAID CITY AS REQUIRED BY THE PRO- E 7b ~ Motion Ayes K Motion Ayes Noes X Motion Ayes X Motion Ayes X I 1 I R xx xx xx X xx CITY OF CARLSBAD COUNCILMEI - B b -6- I I December 2, 1975 a< proposed refinery poll and motion was made that the City Council approve conducting a poll of all registered voters in the City of Carlsbad on the matter, and that the wording and the actual physical preparation be done within 30 days. Motion died by 3-2 vote. It was agreed by the Council that possibly a poll could be conducted at a later date. [92] Councilman Chase reported that he had attended last week a Joint Advisory Committee and would report on it to the Council at a later workshop. I u EXECUTIVE SESSION: The Mayor called for an Executive Session at 11:OO P.M., for the purpose of discussing Personnel, specifically appointments to Committee and Commissions. The Council reconvened at 11:30 P.M. and the Mayor announced that Personnel was discussed, specifically appointments to Committees and Commissions, and the following action was taken: :69] 23. AGENDA BILL #3519 - APPOINTMENT OF MEMBER TO PARKS AND RECREATION COMMISSION. Mayor Frazee announced the appointment of Mr. Raul Tarango to the Parks and Recreation Com- mission and the following Resolution was adopted by title only witfi the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3791 - APPOINTING A MEMBER TO THE CITY OF CARLSBAD PARKS AND RECREATION COMMISSION. :28] 24. AGENDA BILL #3523 - APPOINTMENT OF MEMBERS TO AFFIRMATIVE ACTION ADVISORY COMMITTEE. Mayor Frazee announced the appointment of the following seven members to serve on the Affirma- tive Action Advisory Committee: Molly Acuna Jim W. Anderson Hi 1 da Dray Richard G. Nieves Bernard C. Schindl er Steven Tague Donald E. Yerkes He suggested that the chairman be deleted from the Resolution and to allow the seven members to elect the chairman among themselves. The following Resolution was adopted by title only with the unanimous consent of the Council, further reading was waived: RESOLUTION NO. 3783, APPOINTING MEMBERS TO THE CITY OF CARLSBAD AFFIRMATIVE ACTION ADVISORY COMMITTEE. - 11 C r - Motion Ayes Voes Motion Ayes Motion Ayes X xxx x xxx ~ CITY OF CARLSBAD COUNCILME1 I - P 1 -7- v I I - December 2, 1975 z - CITY MANAGER ADDITIONAL BUSINESS: LABOR RELATIONS INSTITUTE The City Manager reported that the 10th Annual Labor Relations Institute of the League of California Cities is to be held on January 21-23, 1976 in Los Angeles. [68] [681 CPO - AIR QUALITY TEAM He also reported that Art Letter of Comprehensive Planning Organization informed him that an Air Quality Team was formed to develop an air quality plan. They would like to make a presen- tation to the Council at the next workshop meeting. The Council agreed to a presentation at the next workshop session on December 9, 1975. ~371 JAPATUL PROPERTY - SAN DIEGO GAS & ELECTRIC CO. Additi!onally, at the work/study session, San Diego Gas & Electric Co. would like the Council to authorize a joint meeting between Planning Commission and Council. They are prepared to submit an application for a specific plan covering Japatul Land. Since there will be signi ficant public interest, they feel they will be obligated to give a press briefing but they wanted to discuss this with the Planni.ng Commis- sion and Council before doing so. The Council briefly discussed this matter and consented to the meeting. [40] CHRISTMAS TREE The City Manager also inquired of the Council whether they felt it appropriate to construct a 15 - 20 foot Christmas tree at the corner of our lawn. The City would supply the decorations and the Employees Association would do the actual decoration. It was the consensus of the Council that this was appropriate and desirable. [28] BICENTENNIAL - CITY PARTICIPATION Further, the Manager reported that the Bi-Cen- tennial Committee inquired if the City would participate with either a display of fireworks and/or a band concert. If the Council approved this, the next issue was to appoint a Committee to handle this project. It was decided that Councilwoman Casler and Councilman Lewis attend a meeting with the Bi- centennial Committee and obtain suggestions from them as to what type of participation could still be done. [70] REPORT ON SWIMMING POOL SITE The City Manager also reported that he will c >' - 9 - ~ CITY OF CARLSBAD COUNCILME1 I -8- '9 \\ December 2, 1975 am possibly have a report on the pool site at the next regular meeting. NORTH COUNTY TRANSIT , [104]Mayor Frazee reported that he will have a report for the '.Council at the next workshop an.:frrnds for North County Transit. b ADJOURNMENT: Motion X By proper motion, the meeting was adjourned to Tuesday, December 16, 1975 at 7:OO P.M. in the Ayes xxx City Council Cha:rr;bers. Respectfully submitted, %TdYflA MARGA T E. ADAMS, City Clerk Tobi L. Dobson, Recording Secretary b