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HomeMy WebLinkAbout1976-04-27; City Council; Minutes+ b CITY OF CARLSBAD COUNCILME1 Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting April 27, 1976 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 7q #I B 0 I ~ ROLL CALL: Mayor Frazee stated this meeting was adjourned in order to complete the April 20, 1976 Agenda. He stated the first item would be Item #12 and then all remaining items on the Agenda would be discussed. [113] 12. AGENDA BILL #3625 - SPECIFIC PLAN AMENDMENT (SP-744) - TO PERMIT CONSTRUCTION OF 400' SINGLE STACK - SAN DIEGO GAS AND ELECTRIC CO. Mayor Frazee stated he would abstain from dis- cussing or voting on this matter and relinquished the Chair to the Vice-Mayor. The City Manager reported on this matter and stated that the staff has prepared the Ordinance regarding the approval of Specific Plan Amendment (SP-144) in accordance with the Council's instructions. He further stated that after 3:OO P.M. this date, when the Ordinance was completed, copies were made available to anyone who inquired about it. The City Attorney reviewed in detail portions of the Ordinance which incorporated the sugges- tions and concerns of the Council at the last meeting. Councilwoman Casler and Councilman Skotnicki suggested changes to the wording on Page 4 under Condition 14, subparagraph "D", and it was agreed that the word ''and" be omitted on line 3 after the words "Encina Plant", and the words "as well as" be added before "air quality....". The City Manager stated a communication, which had been distributed to the Council, had been received during this meeting, from Carlsbad Community Cause requesting that the matter be continued and readvertised for Public Hearing so that the members of Community Cause could be allowed time to address the conditions of the ordinance. Acknowledgment was given the letter from Community Cause and discussion ensued by the Council. It was felt by the Council that since Community Cause members were in attendance at the Planning Commission and City Council public hearings, and changes were made to the Ordinance based on points raised by members of Community Cause, that the Ordinance, as a result, has been strengthened and continuing this matter would only prolong the issue. Ordinance No. 9456 was offered for introduction: Presen ~ I - B 8 IC CITY OF CARLSBAD -2- April 27, 1976 ORDINANCE NO. 9456, AMENDING ORDINANCE NO. 9279 BY THE AMENDMENT OF THE SPECIFIC PLAN ADOPTED THEREBY TO PERMIT THE CONSTRUCTION, SUBJECT TO CERTATN CONDITIONS, OF A 400 FOOT SINGLE STACK TO REPLACE FOUR EXISTING STACKS AT THE ENCINA POWER PLANT ON PROPERTY GENERALLY LOCATED WEST OF INTERSTATE 5 AND SOUTH OF THE AGUA HEDIONDA LAGOON (SP-l44(B)), as amended, was introduced for a first reading by title only and further reading was waived. Following the first reading of the Ordinance, ,Members of the Council stated they wished it understood by SDG&E that it is their intent to have some control over existing or future air pollution and that it is their expectation that SDG&E will make a concerted effort to correct air pollution problems. It was further stated that the Council has moved in a direction to in- sure that the SDG&E Company will comply with the conditions of the Ordinance. The Vice-Mayor returned the Chair to Mayor Fraze and the meeting resumed to discuss all those matters which were continued from the regular meeting held April 20, 1976. 1 [97] 3. AGENDA BILL #3611 - Supplement #1 - ELM AVE- NUE EXTENSION - VALLEY STREET TO DONNA DRIVE. I The City Manager stated the staff is requesting further continuance of this matter pending a resolution to an existing problem. The matter was continued as requested by the staff. I [74] 8. AGENDA BILL.#3624 - PROPOSED CHANGE TO CITY'S, [78] CL'ASSIFICATION PLAN - JUVENILE DIVERSION OFFICER. A report was given by the City Manager and the following Resolution was adopted by title only: RESOLUTION NO. 3887, AMENDING RESOLUTION NO. 3700 BY AMENDMENT OF THE CLASSIFICATION AND SALARY RANGE SCHEDULE TO DELETE THE POSITION OF YOUTH RESOURCES COUNSELOR, SALARY RANGE 37, AND TO ADD THE POSITIONS OF JUVENILE DIVERSION OFFICER AT SALARY RANGE 36. (FEMALE) AND JUVENILE DIVERSION OFFICER (MALE), B.$. minute moti;on, the reading of the text of all 0r.dinances before the Council at this meeting was w a'i v'e d : i ORDINANCES FOR ADOPTION: I I ~ [78] 10. AGENDA BILL #3612 - PUBLIC NUDITY. I The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 3103, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 11.28 TO REGULATE PUBLIC NUDITY. COUNCILME1 Motion xxx Ayes X Motion Ayes xxx Motion Ayes xxx - B Ir I I ~ I ~ I I CITY OF CARLSBAD - -3- April 27, 1976 "1 PUBLIC HEARINGS: I [57] 13. AGENDA BILL #3626 - CERTIFICATION 0.F EIR-3071 GENERAL PLAN AMENDMENT FOR CIRCULATION AND LAND USE ELEMENTS - LA COSTA AREA. The Planning Director gave a staff report and re- ferred to wall maps marked "Exhibit "A" and Exhibit 'IC'' and a transparency which was displayed for review by the Council. Numerous questions were asked of the Planning Di'rector and Council discussion ensued. FIR. FRED MOREY, 2623 Abedul, Carlsbad, represent- ing La Costa Land Company, was heard by the Council. No one else wished to be heard and the Public Hearing was closed at 8:30 P.M. Further questions were asked of the Planning Director and the Council certified EIR #307, as recommended by the Planning Commission. The City Attorney was instructed to prepare the documents necessary for an amendment to the Land Use and Circulation Elements in the La Costa area. [57] 14. AGENDA BILL #3627 - AMENDMENT TO LAND USE ELEMENT GOALS AND POLICIES. I A brief staff report was given by the Planning Director. He stated the finalization of the Land Use Element Goals and Policies were based on comments made by Councilman Skotnicki, the Citi- zen''s Goals Committee and the Planning Commission. The Mayor inquired if anyone wished to be heard regarding this matter and since no one wished to be heard, the Public Hearing was closed at 8:47 P.M Following brief Council discussion, the City ~ Attorney was instructed to prepare the documents I necessary for approval. ~ [991 15. AGENDA BILL #3628 - PROPOSED TENTATIVE SUB- DIVISION MAP - CHESTNUT GARDENS - MARVIN HUMPHREYS. A staff report was given by the Planning Direc- tor. MR. HARRY TRUAX, representing E. Brian Smith Engineering, 2656 State Street, Carlsbad, speak- ing for the applicant, stated all of the conditioi contained in the Planning Commission Resolution are acceptable. No one else wished to be heard and the Public Hearing was closed at 8:53 P.M. Council discussion ensued and centered primarily on a piece of property adjacent to the proposed development on which there was an existing struc- ture. The City Attorney was directed to prepare the documents necessary for approval of the Tentative Map, in accordance with Planning Commission Resolution No. 1225. ,l I COUNClLMEl 7L ~ Motion xxx Ayes X Motion xxx Ayes X Motion Ayes xxx b Motion Ayes ,% .x .x 7 B I) P CITY OF CARLSBAD CQUNCILMEI l- n\ -4- q: April 27, 1976 77 F\ RECESS: Mayor Frazee called for a recess at 9:00 P.M. The Council reconvened at 9:16 P.M., with all Council Members present. [99] 16. AGENDA BILL #3629 - PROPOSED TENTATIVE 3UB- DTVTSION MAP - ROYAL HOME NO. 6 - CARLSBAD DEVELOP- MENT CORPORATION. The Planning Director gave a staff report and referred to a transparency and wall map which were exhibited. Reference was also made to a grading cross section which was displayed. The Planning Director stated the concerns of the Planning Commission were with regard to the pro- ject's grading, landscape maintenance on major slopes and the phasing of the proposed street dedications. Further, he stated the staff is recommending a modification to Condition #17, which should read "except that lots 68, 69 and 70 and lots 1, 2, and 3 may be included in Phase 11:' which appears on Page 5 of Planning Commission Resolution #1226. MR. HARRY TRUAX, E. Brian Smith Engineering,':2656 State St., representing the applicant, discussed the problems involved in connection with the grading of the project. He stated all of the conditions, including the modification of Condi- tion #17 of the Planning Commission Resolution, were acceptable to the applicant. He then answer- ed questions posed to him by the Council. No one else wished to be heard and the Public Hearing was closed at 9:50 P.M. Lengthy discussion was held by the Council and a question was raised about the intersection of AppSan Road and El Camino Real. The Planning Director stated a development to the north of this proposed project has a condition placed upon it which would eliminate a portion of Appian Road that connects with El Camino Real so that there would be no through traffic to El Camino Real. He suggested that a condition could be placed on this project similiar to that of the project to the north regarding the elimination of that portion of Appian Road, if the Council desired. Mr. Truax addressed the Council and stated the applicant would be in agreement with such a con- dition, if it were imposed on the project. The Council concurred with the recommendations of the Planning Commission and the City Attorney Motion X was instructed to prepare the document necessary Ayes xxx for approval incorporating the modification to Condi'tion #I7 and a condition to eliminate that portion of Appian Road which intersects with El Camino Real. DEPARTMENTAL AND CITY MANAGER REPORTS: - Planning. [114] 17. AGENDA BILL #3607 - Supplement #1 - RESI- DENTIAL-PROFESSIONAL CARE FACILITIES. The City Manager stated he had prepared a memor- andum dated April 15, 1976, which contained the 7 B I) 1 CITY OF CARLSBAD r -5- April 27, 1976 C991 I ~ ~ E::; I ~ I AB #3607 (Cont.) "1 definition of Residential Care Facility. He re- commended that if the Council concurred with this definition, that the Ordinance be introduced with the definition of Residential Care Facility in- cl uded. ORDINANCE NO. 9455, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS REGARDING RESIDENTIAL AND PROFESSIONAL CARE FACILITIES, was introduced for a first reading, subject to the inclusion of the definition of Residential Care Facilities as defined in the City Manager's Memorandum dated April 15, 1976. Public Works. 18. AGENDA BILL #2901 - SuDplement #8 - TENTA- 1 TIVE MAP EXTENSION (Reconsideration of Tentative Map Extension Condition) - DOUGLAS SOUTHWEST CORPORATION - (CT 73-8 - UNIT #21. I I The Public Works Administrator gave a staff re- port on this matter and reviewed background in- formation. He stated the property owner to the South is dissatisfied with Condition #9 contained in the approval of the Tentative Map Extension. MR. DAVID THOMPSON, Attorney, Andreasen, Gore, Grosse & Thompson, 804 3rd St., Oceanside, rep- resenting Mrs. George W. Brownley, was heard by the Council on behalf of his client. Following lengthy discussion by the Council, the matter was continued to allow time for a consul- tation between the City staff, Mrs. Brownley and Mr. Schwab, property owner to the north, in an attempt to find an appropriate solution; further that the Agenda Bill be returned to the Council at a later date. Y BICENTENNIAL COMMITTEE: I The City Manager requested a deviation from the Agenda to discuss a request for consideration by the Council and was received too late to place on the Agenda. He made reference to a letter received from a sub-committee of the Bicentennia Committee in connection with the 4th of July Celebration; said letter was dated April 26, 1976 and requested funds in order to meet their financial commitments. 1 DR. LARRY BREITBARTH, member of the Rotary Club, stated the Rotary Club is functioning as a sub- committee to arrange the July 4th program, and explained the circumstances which caused them to request funding. Also heard from the Rotary Club were Ray Barkus and Dave McNaab. It was agreed by the Council that $6,000 be all0 cated to the sub-committee for the July 4th Bicentennial Celebration and that a re-evaluatio be done in a month; that the funds be disbursed to the Rotary Club on an as-needed basis and tha it be understood that the Bicentennial Committee 1 COUNCILME1 k\ '*b 1 * cn- 78 Mot i on Ayes xxx Motion xxx Ayes X Motion xxx Ayes X CITY OF CARLSBAD COUNCllMEi - 6 r - April 27, 1976 -6- make every effort to raise funds to reimburse the I I City. I The City Manager stated the staff will return to the Council with the appropriate budget transfer request and also guidelines for the Rotary Club sub-committee of the Bicentennial Committee. E791 19. AGENDA BILL #3630 - PUBLIC IMPROVEMENT POLICY. A report was given by the City Manager who review- ed certain sections of the proposed Ordinance which he felt should be noted by the Council. Questions were asked of the City Manager and Council discussion was held. Councilwoman Casler expressed concern regarding the fees required under Sections 18.40.080 and 18.40.100. It was moved that the $25.00 fee required in Section 18.40.080 be deleted from the proposed Ordinance. The motion died for lack of a majority.. The following Ordinance was introduced for a first reading by title only: - ORDINANCE NO. 8067, AMENDING TITLE 18 OF THE CARLSBAD MUNI'CIPAL CODE BY THE ADDITION OF CHAPTER WAY AND FOR THE INSTALLATION OF CERTAIN PUBLIC STRUCTION. 18.40 TO PROVIDE FOR THE DEDICATION OF RIGHTS-OF- IMPROVEMENTS IN CONJUNCTION WITH BUILDING CON- [IO] 20. AGENDA BILL #3631 - COMFORT STATION LAGUNA [45] RIVIERAAmContract #1036). I A report was given by the City Manager and the following Resolution was adopted by title only: RESOLUTION NO. 3888, APPROVING PLANS AND SPECIFI- CATTONS AND AUTHORIZING THE CITY CLERK TO INVITE BrDS FOR THE CONSTRUCTION OF A COMFORT STATION AT LAGUNA RIVIERA PARK. [102]20-A. AGENDA BILL #3632 - SPEED ZONES - JEFFERSON [78] STREETZHESTNUT AVENUE AND EL CAMINO REAL. I A staff report was given by the Public Works Administrator. He stated that based on traffic studies, the staff was recommending that a 35 mph be established on a certain portion of Jefferson St., 35 mph on a certain portion of Chestnut Ave. and 55 mph on a certain portion of El Camino Real Y Discussion was held by the Council and the follow- ing Ord\inance was introduced fopia first reading by title only: - ORDINANCE NO. 3104, AMENDING TITLE 10, CHAPTER MENT OF SECTIONS 10.44.040 AND 10.44.050 AND BY THE ADDITION OF SECTION 10.44.060 TO ESTABLISH PRIMA FACIE SPEED LIMITS ON PORTIONS OF CHESTNUT AVENUE, JEFFERSON STREET AND EL CAMINO REAL. 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- ~~ PbQ -*I m- x 77 Motion Noes xx Aye5 X Mot 6on xxx Ayes X Mot i on xxx Ayes X Motion Noes xxx 1 Ayes X CITY OF CARLSBAD COUNCILME1 - b D .I -7- April 27, 1976 I City Manager. [861 21. AGENDA BILL #3633 - SKATEBOARD CONTESTS - LA COSTA AREA. A report was given by the City Manager regarding two separate requests for a Skateboard Contest in the La Costa area. MR. DAVE FlcINTYRE, representing G0rdo.n Smith Skateboards and Pacific Skateboard Association was heard by the Council regarding their request. A REPRESENTATIVE of North Coast Family YMCA also was heard regarding their request to hold a Skateboard Contest in the La Costa area. Also heard was MR. FRED MOREY, representing La Costa, who stated La Costa would not oppose the issuance of permits for Skateboard Contests, how- ever La Costa Land Company is not desirous of any publicity which would depict the merits of skate- boarding in the La Costa area. He further inform- ed the Council of the many problems which have been caused by skateboarders who use La Costa and encroach in the inhabited areas of La Costa which cause hazardous conditions. Mr. McIntyre stated the need for Council approval has made it necessary to change the date to the 13th of June. Mr. Morey stated the change in r date requested ,by Mr. McIntyre wouTd be agreeable to la Costa.Land Company. It was 'understood by the .Council that no alcoholic beverages would be served at either of these events. The following Resolutions were adopted by title only: I. I * .. RESOLUTION NO. 3889, TEMPORARILY CLOSING A POR- TION OF CADENCIA STREET SUBJECT TO CERTAIN CON- DITIONS. (Gordon Smith Skateboards) RESOLUTION NO. 3890, TEMPORARILY CLOSING A POR- TION OF CADENCIA STREET SUBJECT TO CERTAIN CONDITIONS. (North Coast Family YMCA). [29] 22. AGENDA BILL #3634 - 1976-77 BUDGET FOR SENIOR [28] CITIZEN'S CENTER. -I Following a brief report by the City Manager, the 1976-77 Budget for the Senior Citizen's Center was referred to the staff for consideration in the preliminary budget. CITY COUNCIL ADDITIONAL BUSINESS: [68] (a) Human Resources Institute Meeting. Council- woman Casler stated the League of California Cities will be holding a Human Resources Institut Meeting May 19th thru 21st and she would like permission to attend this meeting in San Jose. Permission was given Councilwoman Casler to attend this meeting May 19 thru the 21st in San I Jose. ,so ~ I Motion Ayes Motion Ayes Motion Ayes Motion Ayes X xxx X xxx xxx X xxx CITY OF CARLSBAD COUNCILME, -8- ~~~ tn- April 27, 1976 I - [37] (b) Time Limit at Public Hearings. Councilwoman Casler recommended that a time limit be set for those wishing to speak at Public Hearings. The Council agreed that a time limit should be estab- lished. b [62] (c) Senate Bill #1687 - Mills Bill. Mayor Frazee stated SB #1687 could have an effect on transportation funds and following a brief explanation, he requested the Council go on record as opposing that portion of the Bill which may affect the funds. It was moved that a portion of SB #1687 legisla- Motion tion be opposed by the City Council. Ayes xxx [62] (d) Senate Bill #1289 - Ledgedly Bill. The Mayor also stated there was legislation - SB #1289 which would change the requirement for calling an election for a city to absorb a special district from the present 70% to 90%. He stated he would like the Council to express its opposition to this Bill. It was moved that the City Council go on record Motion as opposing SB #1289. Ayes xxx [76] (e) Planning Commission Appointment. Mayor Frazee stated a letter had been received from klilliam E. Dominguez, whose Planning Commission tenure expired this month, stating he is not seeking reappointment to that Commission. The Mayor further stated it is his intent at the next meeting to nominate Lewis L. Chase to serve on the Planning Commission. ADJOURNMENT: By proper motion, the meeting was adjourned at Motion X 12:30 P.M. Ayes xxx Respectfully submitted, qTdY6- MAR A T E. ADAMS, City Clerk Nora Gardiner, Recording Secretary D