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HomeMy WebLinkAbout1976-04-20; City Council; Minutes5 - D z CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: April 20, 1976 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ROLL CALL : INVOCATION was offered by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: Minutes of the adjourned regular meeting held March 30, 1976, were approved as presented. Minutes of the regular meeting held April 6, 1976, were approved as presented. I Minutes of the adjourned regular meeting held April 13, 1976, were approved as presented. I PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given the payment of bills for the General Expenses of the City: City Operations $274,977.06; Water Operations $36,193.02; Investments $875,000; Net Payroll Transfer $85,409.14 for a total of $1,271,579.22 for the period April 1, 1976, through April 15, 1976, 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 $129,387.90 for the period March 22, 1976, through April 4, 1976, as cer- tified by the Director of Finance and approved by the Auditing Committee. CONSENT CALENDAR: Mayor Frazee stated that the staff requests Items Nos. 3 and 8 be removed from the Consent Calendar and continued. Councilman Lewis requested that Item No. 5 be removed. By unanimous consent, it was agreed that these items be removed from the Consent Calendar. The following items were approved by one motion affirming the action on the Consent Calendar. [97] 1. AGENDA BILL #3020 - SUPPLEMENT #1 - TAMARACK [451 AVENUE TRAFFIC AND ALIGNMENT STUDY. Resolution [lo21 No. 3883, approving agreement with Berryman, Mohle, Stephenson and Perry, Inc., and author- izing Mayor to execute same, was adopted. [SI] 2. AGENDA BILL #3492 - SUPPLEMENT #3 - MODIFI- E451 CATION OF CITY HALL AIR CONDITIONING SYSTEM - CONTRACT NO. 1027. Change Order No. 2 to Contract No. 1027 was approved. [28] 4. AGENDA BILL #3620 - BICENTENNIAL CELEBRATION [45] FIREUORKS DISPLAY. Resolution No. 3885, [SO] approving contract between City and California Fireworks Display Company, authorizing Mayor to execute contract and authorizing appropria- tions of funds, was adopted. COUNCILMEl Ayes Abstained xxx xxx Ayes X Motion Motion xxx Ayes X Motion xxx Ayes X Motion Ayes xxx > CITY OF CARLSBAD CQUNCILMEI - D I) 'I -2- April 20, 1976 [84] 6. AGENDA BILL #3622 - PURCHASE OF POLICE [78] PATROL VEHICLES. Resolution No. 3886, authori- [50] zing Department of General Services of the State of California to purchase police patrol cars and authorizing funds, was adopted. [107]7. AGENDA BILL #3623 - NATERLINE EASEMENT QUIT- [llO] CLAIM - P.ORTION OF TRACT 62," HOTALING LANDS, OCEANSIDE. The Mayor was authorized to execute a quitclaim deed for undefined water pipeline easement. .. I I'TEM REMOVED FROM THE CONSENT CALENDAR: [70] 5. AGENDA BILL #3621 - BANDSTAND - HOLIDAY PARK. The City Manager reviewed the project financing, quoting the construction cost for the proposed bandstand with Board of Realtors participation ($5,000). He also supplied a cost estimate of $12,000 for a "stripped-down" mobile bandstand, and indicated that a fully equipped version would cost an additional $5,000 or $6,000. Councilman Lewis stated he wished the record to show that the Council had previously discussed the possiblity of construction a mobile bandstanc i. A motion was made to adopt the preliminary draw- ing and accept the Board of Realtors and Con- tractors participation. ORDINANCES FOR ADOPTION: I By minute motion, the reading of the text of all Ordinances before the Council was waived: I The following Ordinances were given a second reading and adopted: [28] 9. AGENDA BILL #3615 - REDEVELOPMENT AGENCY FORMKTION. I I ORDINANCE NO. 1191, DECLARING A NEED FOR A RE- DEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF I CARLSBAD. I ORDINANCE NO. 1192, DECLARING THE CITY COUNCIL OF THE CITY OF CARLSBAD TO BE THE REDEVELOPMENT AGENCY. [78] 10. AGENDA BILL #3612 - PUBLIC NUDITY. Councilman Packard expressed dissatisfaction wi'th the following portions of Ordinance No. 3103: Page 1, Kine 26 - "Nudity, if it is to be per- mitted to be exposed to public view, should be confined to a defined area." Page 2, Line 12 - "...except in an area express- I ly set aside for such purpose ..." It was felt that these provisions would provide an opening for future establishment of a nude beach area. 67 - Motion Ayes Motion Ayes Mot i on Ayes !go! &l m,'b w, z X xxx X xxx xxx # , D I) CITY OF CARLSBAD 1 -5- April 20, 1976 ~~ ~~-~ Page 2, Line 17 - (Exceptions) "1. Persons under the age of 10 years; 2. Persons engaged in a live theatrical performance performed in a theatre, concert hall or other similar estab- lishment which is predominantly devoted to theatrical performances;" Councilman Packard stated he felt the age limi- tation should be 6 or 7 years unless there is some justification for the 10-year limit. Fur- ther, he questioned the appropriateness of Exception 2. The City Attorney advised the Council that the age limit of 10 years was established in uni- formity with the ordinances of San Diego County and the City and Council of Los Angeles, and that it was felt such uniformity is desirable. W.fth regard to Exception No. 2, the City Attor- ney stated that this provision applies only to legikimate theatre activity and is necessary to preserve the constitutionality of the Ordinance, After brief discussion of the above provisions, it was agreed that the wording on Page 1, Line 26, and Page 2, Line 12, as set forth above, be deleted; and, further, that the Exceptions be retained as written. ORBSNANCE NO. 3103, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 11.28 TO REGULATE PUBLIC NUDITY, as amended, was introduced for a first reading by title only. PUBLIC HEARINGS: E201 11. AGENDA BILL #3602 - Supplement #1 - PUBLIC NUISANCE ALLEGED TO EXIST AT 401 ELM AVENUE. The City Manager stated that inspection of the premises has been made and, as the work is sub- stantially completed, the staff would prefer to handle the remainder of the debris under the Weed and Trash Abatement Program. No one wished to be heard on this matter and the Public Hearing was closed at 7:25 P.M. A motion was made that:the matter be filed with no further action to be taken. Mayor Frazee stated that the following items concerning Commission Appointments would be taken out of order. Following action on the appoint- ments, the Public Hearing on Agenda Bill #3625 - Specific Plan Amendment (SP-144) - San Diego Gas and Electric Co., will be held and, due to the length of the Public Hearing, all other matters will be continued until one week from this date. I I ~ COUNCILME1 'P v, yJ k\ m3 " 3% 68 CF a,' Motion Ayes xxx Motion Ayes xxx ,I ~ ~ I 0 B B 3 v CITY OF CARLSBAD COUNCILME1 April 20, 1976 -4- lA " - CITY MANAGER REPORTS: I [76] 23. AGENDA BILL #3616 - APPOINTMENTS TO PLANNING COMMISSION. I Resolution No. 3880, appointing Mark A. Nelson Motion to serve as a member of the Planning Commission, I Ayes was adopted. I [69] 24. AGENDA BILL #3618 - APPOINTMENT TO PARKS AND RECREATION COMMISSION. I Resolution No. 3882, appointing Mr. Joe De Diminicantanio to serve as a member of the Parks and Recreation Commission, was adopted I;;::"" PUBLI'C HEARINGS: I [113] 12. AGENDA BILL #3625 - SPECIFIC PLAN AMENDMENT- (SP-144) - TO PERMIT CONSTRUCTION OF A 400' .SI'NGLE STACK - SAN DIEGO GAS AND ELECTRIC CO., - " Mayor Frazee stated he would abstain from Voting on this matter and then relinquished the Chair to Vice-Mayor Lewis. The Planning Director stated, for the record, this hearing and the City Staff Report includes a review and comment on the Public Utilities commission"^ Environmental Impact Report, certi fied November 29, 1974 by the California Public Uti1ities Commission, the City of Carlsbad's Environmental Impact Report on the 400' Stack, certified November 20, 1973 by the City Council of the City of Carlsbad, all APCD Reports (San Diego County) which have addressed the issue of the 400' stack, and City staff report and Agenda Bill #3625, which directly discusses the subject application. An Environmental Impact Report was not prepared because the EIR on the 400' stack had already been certified, and only in the event that there was a change in the original project would an EIR be required. It was the staff's opinion that the circumstances had not changed on the project, however, new information with respect to air quality had been presented, therefore, the staff's supplement to the certified EIR directs its comments to the relationship to the stack and air quality. - 2 The following persons were heard in favor of the Speci'fic Plan Amendment for construction of a 400' single stack: MR. RICHARD BALDWIN, Division Chief, Air Pollu- tion Control District's Division of Surveillance and Enforcement reported on the conclusions of the A,PCD a.nd stated SDG&E has accepted responsi bili'ty for property damage to some of the homes in the Terramar subdivision as a result of plan emissions from the Encina Power Plant. The APCD has petitioned the Air Pollution Control Hearing Board for an Abatement Order and SDG&E has agreed to conduct a comprehensive study regarding the formation of the pollutants - t xxx CITY OF CARLSBAD COUNCILME1 - D B 1 -5- April 20, 1976 to determine effective methods of controlling the emissions from all units of the Encina Power Plant. APCD has requested that a solution be determined no later than April, 1977. Mr. Baldwin answered questions for the Council and submitted a written statement to the City Clerk for the record. I MR. MICHAEL FOLEY, Division Chief, Division of Monitoring and Technical Services of the Air Pollution Control District, answered a number of questions in connection with a report he had prepared for the APCD on the Encina Power Plant. The City Attorney stated Mr. Foley had made reference to a prepared study as prepared testi mony and requested that a copy be made availabl to the City Clerk for inclusion in the record and that any other speakers reading prepared testimony also provide the City Clerk with a copy for the record. Mr. Foley indicated he ha already made a copy of the report avail able to the City Clerk. The City Clerk read a communication from Carls- bad Community Cause requesting a postponement/ continuation of the hearing. The communication was received by the City Clerk on April 20, 197 The Council acknowledged correspondence from Carlsbad Community Cause. - e d 6 Vice-Mayor Lewis announced proponents of the Specific Plan Amendment would be heard and re- quested that all speakers being heard on this matter attempt not to duplicate testimony by previous speakers. MR. ROBERT LACEY, SDG&E Manager, Mechanical Engineering, was heard regarding the technical aspects of the project, and answered questions by the Council. Mr. Lacey submitted written statement to the City Clerk for the record. DR. EDWARD M. LISTON, Senior Chemical Engineer with the Atmospheric Sciences Group of Stanford Research Institute, presented findings regardin emissions from the power plant and discussed the emissions which would be generated from Encina #5 with the 400' stack as opposed to the existing four units with the short stacks. He stated the 400' stack would allow emissions to penetrate the inversion layer and therefore, would be reduced. Dr. Liston answered numerous questions by the Council. In conclusion, he stated the recommendation of the SRI report was that SDG&E proceed with the construction of the 400" stack and a program to determine the best method of eliminating the problem of the large particles being emitted. g MR. JACK THOMAS, Vice President, Power Plant Engineering and Construction for SDG&E, stated the obtaining of regulatory approval for this project required and received approval from the California Public Utilities Commission, the California Coastal Zone Conservation Commission I 70 ~~ s 3* m 3; - B I) c CITY OF CARLSBAD -6- April 20, 1976 the State Energy Resources Conservation and Development Commission, the Air Pollution Con- trol District, the Water Resources Control Board the Carlsbad Planning Commission and a variety of other agencies having jurisdiction on the project. He stated three reasons why this pro- ject should be allowed to proceed and that his purpose for appearing before the Council was to convey the importance and extreme urgency of this prc;ject to the City of Carlsbad and the entire San Diego area. Questions were asked of Mr. Thomas by members of the Council. -~ RECESS: The Vice-Mayor called for a recess at 9:lO P.M. and the Council reconvened with four Council members present, at 9:25 P.M. MR. CLAUDE AGASSE, 1109 Vista Way, Oceanside, and owner of the Kloze Kloset in Carlsbad, stat ed he was a Trustee for Carpenter’s Union Local 2078, and he was in favor of the construction of the stack because it would create jobs for the carpenters and laborers and he was speaking on their behalf. COL. DAVID M. DUNNE, 3016 Highland Drive, Carls bad, stated he was the Mayor of Carlsbad at the time the stack was originally approved and voted at that time for the construction of the stack. Based on the evidence presented, he is still in favor of the project. - 1 MR. JERRY ROMBOTIS, 3505 Charter Oak, Carlsbad, speaking on behalf of the Carlsbad Chamber of Commerce, stated the Board of Director’s of the Carlsbad Chamber of Commerce had concluded that the economic and environmental benefits of the City of Carlsbad from the Encina Power Plant Expansion far outweigh the detriments. He further stated this statement was approved by the Executive Board, the Board of Directors of the Carlsbad Chamber and the Tri-City Cham- bers comprised of the members of the Oceanside, Vista and Carlsbad Chambers of Commerce. The following persons were also heard in favor of the Specifi’c Plan Amendment: I MR. JAMES LANGFORD, 4878 Park Dr., MR. ALLEN KELLY, P. 0. Box 1065, MR. LEWIS L. CHASE, 4045 Baldwin Lane, former Vice-Mayor of the Carlsbad Gft$ Council , MR. CARL JOHNSON, 5200 Los Robles MR. JOE McGEHEE, 3960 Park Dr., MR. CHARLES W. SNIDER, 1685 Chestnut Ave., all of Cadlsbad and MR. BILL COLE, 2083 Monte Vista, Vista., member of the San Diego District of Carpenters. Y Those in opposition were: RUTH HONNOLD, 4252 Sunnyhill Dr. Mrs. Honnold distributed a statement to the City Council, which she read on behalf of the League of Women Voters of San Dieguito opposing the issuance of a permit to construct the 400’ stack, based on the Leaguel’s position on Air Quality. COUNClLMEl l-ul 1 71 k\ Z\$’’ I WG 2? I ~ I ~ c. P B CITY OF CARLSBAD -7- April 20, 1976 ~~~~~ ~ ~. VICKI E. ZAMORA, 3557 Madison S.t., Carlsbad, submitted a written statement for the record, in opposition to the proposed Specific Plan Amendment stating that on the basis of polls conducted, the citizenry of Carlsbad is opposed to the 400' stack. DONNA FLANDERS, 2168 Chestnut Ave., Carlsbad, on behalf of Carlsbad Community Cause, stated Community Cause is in opposition to the Specific Plan Amendment, and was requesting a postponemen. continuation of the public hearing on the ground that the Council was not provided with sufficien information on which to base a judgment. Mrs. Flanders submitted a copy of her written state- ment to the City Clerk for the record. t The following persons were also heard in opposi- tion to the proposed Specific Plan Amendment due to concerns regarding the environmental effects, possibility of alternatives, and the visual impact on the City of Carlsbad: MR. JACK MANSELL, 4931 Avila Ave., MRS. BEECH, 4055 Sign Dr., MR. BRECK ALLEN, 3750 Yvette Way, MR. ISADORE STONE, 1715 Butters Rd., MR. JOHN H. FAIRWEATHER, 2181 Camino del Sol, retired San Bernardino County Air Pollution Control Officer, MR. RICHARD RANKIN, 4957 Avila Av.e., all of Carlsbad and MR. LLOYD VON HADEN, 2089 Foothill, Vista. I RECESS: Vice-Mayor Lewis called for a recess at 11:24 P.M. and the Council reconvened at 11:32 P.M., with four Council members present. The Vice-Mayor stated it was obvious the Public Hearing would not be completed by 12:OO Midnigh which is the time the Council usually adjourns the Council Meeting and inquired of those in th audience and the Council if it was desired to continue the Public Hearing to another time or to complete the Public Hearing at this meeting. 1 Those in the audience expressed their desire to complete the Public Hearing and by the un- . animous consent of the Council, it was agreed the Pub1,ic Hearing would be heard through its completion. The remainder of thosepersons speaking in opposition to the Specific Plan Amendment are as follows:. MR. TOM HASSAN, 5262 Carlsbad Blvd., MR. EDWARD L. VALENTINE, 5019 El Arbol Dr., MR. MARK NELSOI 3831 Margaret Way, CAPT. L. W. RASH, 4156 High- land Dr., MR. LEW PRITTEN, 330 Chinquapin Ave., and MR. GEORGE FLANDERS, 2168 Chestnut Ave., who scrutinized the draft ordinance and recom- mended changes, if the Council should agree'.to consider it for adoption. All of the above speakers were residents of Carlsbad. v COUNCILME \$ 762 >* / > Y ~ i I i ~ I ~ I CITY OF CARLSBAD COUNCllMEl -8- - April 20, 1976 73 \\ - (Ir' 2,l Also heard was MR. JERRY HARMON, Escondido City Councilman, residing at 1021 Madison St., Escon- dido, who stated he was speaking as a private citizen and expressed his concerns as to the effects of the proposed stack on the communities downwind from the City of Carlsbad. The Vice-Mayor inquired if there was any rebut- tal from SDG&E regarding comments made by the speakers in opposition. MR. THOMAS, SDG&E, made a brief rebuttal to the comments made by those in opposition. MR. GEORGE FLANDERS and MR. TOM HASSAN made further comments on behalf of the opponents. The Council directed questions to Mr. Foley and Mr. Baldwin of the APCD and also to Dr. Liston. Vice-Mayor Lewis decliared the Public Hearing closed at 1:55 P.M., since there was no one else who wished to be heard. Lengthy discussion was held by the Council and the Council reviewed the draft ordinance pre- sented by the staff. The Council instructed Motion X the staff to prepare an ordinance approving the Ayes X Amendment to the Specific Plan (SP-144) to per- Noes X mit the construction of a single 400' stack for Abstained X the next meeting, incorporating the concensus of the Council as to its findings and the con- ditions to be imposed. ADJOURNMENT: By proper motion, the meeting was adjourned at Motion X 2:45 A.M. to Tuesday, April 27, 1976 at 7:OO Ayes xx P.M. i.n the Council Chambers. Respectfully submitted, B t 2f L+?iZ!dd . ADAMS, City Clerk R, Recording Secretary I)