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HomeMy WebLinkAbout1976-06-01; City Council; Minutes1 - 0 1 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 1, 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 regular meeting held May 18, 1976 were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $153,400.56; Water Department $28,815.13; Investments $800,000.00; Net Payroll Transfer $161,020.81 for a total of $1,143,236.50 for the period May 16, 1976 through May 31, 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 $125,326.25 for the period May 3, 1976 through May 16, 1976, as certified by the Director of Finance and approved by the Auditing Committee. [341 Chamber of Commerce. Mayor Frazee stated he has audited the bills for the Chamber of Commerce and found them to be true and correct to the best of his knowledge. He recommended that the Chamber be reimbursed in the amount of $4,246.28. CONSENT CALENDAR: Councilman Lewis requested that Item *No. 9 be removed from the Consent Calendar and Councilman Skotnicki asked that Items Nos. 4 and 7 be re- moved. By unanimous consent, these items were removed from the Consent Calendar. The following items were approved by one motion affirming the action on the Consent Calendar: C841 1. AGENDA BILL #3664 - DISPOSITION OF OBSOLETE [511 PROPERTY. Resolution No. 3908, declaring cer- tain items of equipment as obsolete and author- izing the disposal of such items, was adopted. C86I 2. AGENDA BILL #3633 - SUPPLEMENT #1 - SKATE- BOARD CONTEST/LA COSTA AREA. Resolution No. 3909 rescinding Resolution No. 3889, and temporarily I closing a portion of Cadencia Street subject to certain conditions, was adopted. E1131 3. AGENDA BILL #3528 - SUPPLEMENT #4 - STATUS REPORT - AGUA HEDIONDA LAGOON PILOT PROJECT. The report was accepted as submitted. [701 - HOUSE, CONDITIONAL USE PERMIT (CUP - 118). 1431 5. AGENDA BILL #3552 - SUPPLEMENT #4 - MAGEE The report was received and no action taken. - COUNCILME Motion xxx Ayes X Motion xxx Ayes X Motion xxx Ayes X 7 I) 1 CITY OF CARLSBAD - 2- June 1 , 1976 ~721 [lo21 [971 [451 c631 ~911 C451 c951 E991 E1121 6. AGENDA BILL #3666 - NO PARKING ZONE - PI0 PIC0 DRIVE SOUTH OF ELM AVENUE. Resolution No. 3911 , establishing a "No Parking" zone on the west side of Pi0 Pic0 Drive from Elm Avenue southerly to the first driveway and from that driveway southerly to the second driveway, was adopted. 8. AGENDA BILL #3611 - SUPPLEMENT #1 - ELM AVENUE EXTENSION - VALLEY STREET TO DONNA DRIVE - CONTRACT #1032. Resolution No. 3884, approving plans and specifications for Elm Avenue and authorizing call for bids, was adopted. 10. AGENDA BILL #3668 - SCHOOL DISTRICT/LIBRARY AGREEMENT. The Mayor was authorized to execute the agreement. ITEMS REMOVED FROM THE CONSENT CALENDAR: 4. AGENDA BILL #3665 - SAFE SCHOOL WALKWAYS, - i .e. TEMPORARY SIDEWALKS. Councilman Skotnicki asked if the installation of temporary sidewalks would affect the con- struction of permanent sidewalks or any on-going project by assessment engineers. The City Manager advised that it is staff's feeling that the temporary installation will not affect either of these areas. RESOLUTION NO. 3910, AUTHORIZING THE CONSTRUCTIOl OF TEMPORARY SIDEWALKS IN THE PROXIMITY OF SCHOOLS IN THE CITY FOR THE PURPOSE OF PROVIDING SAFE WALKWAYS, was adopted by title only. Mayor Frazee requested that staff check whether a portion of this project does not overlap a current subdivision map along Monroe Street. 7. AGENDA BILL #3101 - SUPPLEMENT #2 - TENTA- TIVE MAP EXTENSION - CT 74-6 KAMAR CONSTRUCTION. Councilman Skotnicki exPressed concern that the project might conflict with the Agua Hedionda Lagoon Specific Plan which is being prepared, and what impact it would have on the Bristol Cove storm drain. The City Manager and City Engineer replied to these concerns, after which RESOLUTION NO. 3912, APPROVING WITH CONDITIONS, AN EXTENSION OF TENTATIVE MAP (CT 74-6), was adopted. 9. AGENDA BILL #3667 - RUBBISH AND REFUSE ABATEMENT. The City Manager, in reply to Councilman Lewis' inquiry, indicated that an informal notification has been mailed to the property owners, which resulted in compliance by some, and that formal legal notices will be mailed and notices posted on the property prior to the public hearing. RESOLUTION NO. 3913, DECLARING AS PUBLIC NUI- SANCES, RUBBISH AND REFUSE UPON PRIVATE PROPERTY IN THE-CITY OF CARLSBAD, was adopted. ~ ~ .~- . "" "" . - \I COUNCILME r gd t 03 :E k! mc, 5: '1 Motion xxx Ayes x Motion xxx Ayes x Motion xxx Ayes X CITY OF . CARLSBAD COUNCILME - -5- June 1 , 1976 - I) e c PUBLIC HEARINGS: [113] 11. AGENDA BILL #3669 - PROPOSED CHANGE OF ZONE RUSSELL GROSSE (ZC-174). The staff report was given by the Assistant Planning Director who advised that the zone change request was required under a condition of the variance which permitted subdivision of the property. The Mayor opened the matter for Public Hearing, and as no one wished to be heard, the Public Hearing was declared closed at 7:23 P.M. Discussion ensued concerning the condition of Sunny Creek Road, the lack of City services to the property, and the special circumstances which justify the variance and subsequent zone change. A motion was made to approve the proposed change of zone (ZC-174) and direct the City Attorney to prepare the necessary documents. Dl31 12. AGENDA BILL #3670 - PROPOSED CHANGE OF ZONE L. BRUCE STALLARD (ZC-175). The Assistant Planning Director made a staff report, which included the location of the property, zoning of the surrounding property, and the circumstances requiring the Qualified Zone over1 ay. The Council's questions were answeredby the Assistant Planning Director, after which the Mayor declared the Public Hearing open. As no one wished to be heard on the matter, the Public Hearing was closed at 7:34 P.M. It was moved and seconded that the Council instruct the City Attorney to prepare the documents necessary to effect the proposed zone change (ZC-175). C991 13. AGENDA BILL #3671 - PROPOSED SPECIFIC PLAN [1131 (SP-175) AND TENTATIVE SUBDIVISION MAP (CT 76-4) - ALTA MIRA #4 - PACIFIC SCENE, INC. The staff report was given by the Assistant Planning Director, who described the development proposed. He also advised that by memorandum from the Planning Commission, the Council was requested to consider a requirement that the prospective buyers be notified of the City's sewer treatment plant and possible odor problems The Council asked a number of questions about the development and noted that the previous tentative map would have allowed 500 units rathe than the 135 units now proposed, after which the Mayor declared the Pub1 ic Hearing open. Mr. Tom Schowalter, representing Pacific Scene, Inc., briefly addressed the Council stating that they would prefer the notification requirement o the odor problem not be included as it would be I - - r f ru m7 y e IOY Motion Ayes X Motion Ayes X ! i\ 2 n T x: X CITY OF CARLSBAD COUNCILME - 4- June 1, 1976 - 0 w ~~~ detrimental to their sales and they feel the location of the development is far enough to the south that the odor problem will not be as acute. He also stated that driveway lengths will be either 20 feet, or between 3 and 7 feet, and for the latter, automatic garage door openers will be installed. No one else wished to be heard, and the Mayor declared the Public Hearing closed at 7:52 P.M. I Council discussion followed, during which the City Attorney was requested to give advice re- garding condition No. 3 of the Planning Commis- sion Resolution No. 1250 requiring the applicant, by written agreement, to consent to enforcement of parking restrictions on all private streets. The City Attorney recommended omitting the con- dition as the applicant is not in a position to agree to such enforcement. Discussion continued concerning notification to prospective buyers of the proximity of the water pollution control facility. It was noted that Condition No. 5 of Planning Commission Resolu- tion No. 1251 states that parking will be restricted through CC&R's, and it was suggested that notification of the sewerage treatment plant be included in the CC&R's. After further discussion, a motion was offered to approve Specific Plan (SP-175) and Tentative Subdivision Map (CT 76-4), and direct the City Attorney to prepare the necessary documents, including additional conditions concerning parking enforcement and notification to prospec- tive buyers of the proximity of the Encina Water Pol 1 ution Control Faci 1 i ty. [301 14. AGENDA BILL #3643 - ADOPTION OF THE 1973 EDITION OF THE UNIFORM HOUSING CODE. The City Manager briefly explained that the 1973 Edition of the Uniform Housing Code is an up- dated version of that presently in use, and it is appropriate that the Council adopt it for use at this time. The Public Hearing was opened, and as no one wished to be heard on this matter, the Mayor declared the Hearing closed at 8:lO P.M. By minute motion, the reading of the text of all Ordinances before the Council was waived. I The following Ordinance-was introduced for a first reading by title only: ORDINANCE NO. 8068, REPEALING ORDINANCE NO. 8058, AND AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.06. TO ADOPT I ~ BY REFERENCE THE 1973 EDITION OF THE UNIFORM HOUSING CODE. Motion xx> Ayes ) Motion xx> Ayes X Motion XX) Ayes 1 CITY OF CARLSBAD COUNCILME -5- June 1, 1976 0 8 ~~~ ~ ~ c301 u 051 c 681 [991 c761 ~ ~-~ 15. AGENDA BILL #3644 - ADOPTION OF THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE. The City Manager made a brief report, after which the Flayor declared the Public Hearing open. No one wished to be heard on this matter, and the Public Hearing was closed at 8:13 P.M. The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 8069, AMENDING TITLE 18, CHAPTER 18.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.12.010, AND SECTIONS 18.12.205 THROUGH 18.12.245 INCLUSIVE AND BY THE DELETION OF SECTION 18.12.236 AND OF SECTIONS 18.12.250 THROUGH 18.12.290 INCLUSIVE TO AD0,PT BY REFERENCE THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE SUBJECT TO CERTAIN AMENDMENTS. HOUSING AUTHORITY: The Council adjourned to the Housing Authority at 8:15 P.M. and reconvened at 8:40 P.M., with all Council members present. RECESS: Mayor Frazee called for a recess at 8:40 P.M. and the Council reconvened at 8:58 P.M. with all Council members present. - DEPARTMENTAL AND CITY MANAGER REPORTS: P1 anni ng 16. AGENDA BILL #3648 - SUPPLEMENT #1 - SAN DIEGO REGIONAL AIR QUALITY STRATEGIES - CITY COUNCIL RECOMMENDATION. The City Manager and Assistant Planning Director made a brief report on the strategies proposed for endorsement. Mr. Dick Grob of CPO was pre- sent to answer the Council's questions. Discussion followed concerning a number of aspects, including loss of local control, lack of local representation on the Air Quality Program Management Committee, and the possibilit of future problems when the Council is requested to take action in areas in which it does not usually act. RESOLUTION NO. 3915, APPROVING THE PROPOSED REGIONAL AIR QUALITY STRATEGY AND AIR MANAGEMENT PROCESS, was adopted by title only and further reading was waived. 17. AGENDA BILL #3672 - REQUEST FOR CONSIDERA- TION OF SUBDIVISION DEVELOPMENT STANDARDS. Mr. Stephen L'Heureux, Chairman of the Planning Commission, addressed the Council with regard to the concern of the Planning Commission that there is a need for developing standards for subdivision development. He cited a number of advantages to the City and to developers which would result from the adoption of standards on M I I Y Motion xxx Ayes X CITY OF CARLSBAD COUNCllME - 0 I) -6- v June 1, 1976 the noise element, fire-retardant roofs, land- scaping, maintenance of open space, etc., and stated that the Planning Commission desires direction from the Council in this regard. It was agreed that a joint workshop session be added to the workshop priority list to follow completion of the budget review, at which time the Council and Planning Commission can discuss the development of subdivision improvement standards. E1137 18. AGENDA BILL #3655 - SUPPLEMENT #1 - REQUEST FOR ZONE CHANGE FROM RD-M TO R-1 - NEWPORT SHORE! BUILDERS. The City Manager noted that this matter is returned with documents prepared in accordance with previous Council action. RESOLUTION NO. 3914, ANNOUNCING FINDINGS AND RD-M (RESIDENTIAL DENSITY-MULTIPLE) TO R-1 (SINGLE FAMILY RESIDENTIAL) ON 48 ACRES GENERALL' LOCATED ON THE WEST SIDE OF EL CAMINO REAL, SOUTl OF THE ALGA ROAD ALIGNMENT, was adopted by title only with further reading waived, and the follow ing Ordinance was introduced for a first reading DECISION REGARDING CHANGE OF ZONE (ZC-179) FROM - ORDINANCE NO. 9457, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-779) FROM RD-M (RESIDENTIAL DENSITY-MULTIPLE) TO R-I (SINGLE FAMILY RESIDENTIAL) FOR 40 ACRES GENERALLY LO- CATED ON THE WEST SIDE OF EL CAMINO REAL, SOUTH OF THE ALGA ROAD ALIGNMENT. [1141 19. AGENDA BILL #3656 - SUPPLEMENT #1 - REVI- SIONS TO PLANNED COMMUNITY ZONE (P-C) - (ZCA-80) The City Manager informed the Council that adoption of Ordinance No. 9458 will require that all master plans be in conformance with the Planned Community Zone provisions, and pointed out that the La Costa Master Plan,which is currently being processed,would be in conflic with those provisions. He noted that intro- duction of the ordinance for a first reading at this time would not affect the La Costa Master Plan, and that if the Master Plan was approved prior to the time the Planned Community Zone Ordinance goes into effect, the Master Plan would become 1 egal ly nonconforming and develop- ment could proceed. Ordinance No. 9458 was introduced for a first reading by title only. ORDINANCE NO. 9458, AMENDING TITLE 21, CHAPTER 21.38 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.38.010 THROUGH 21.38.060 INCLUSIVE AND BY THE ADDITION OF SECTIONS 21.38.070 THROUGH 21.38.150 INCLUSIVE TO REVISE THE PROVISIONS OF THE P-C (PLANNED COMMUNITY) TO TERMINATE A MORATORIUM IN SAID ZONE. I ZONE AND REPEALING ORDINANCE NOS. 9445 AND 9454 I I Y H - t Motion xx)I Ayes )I Motion xxx Ayes 1 Motion Ayes xxx CITY OF CARLSBAD -7- June 1, 1976 - 0 0 c The foTlowing Iten: Nos. 20, 21 and 22 received public hearings on May 18, 1976, and the City Attorney was instructed to prepare the necessary documents. [114] 20. AGENDA BILL #3657 - SUPPLEMENT #1 - ZONE CODE AMENDMENT - PLANNED UNIT DEVELOPMENT (PUD - ALL ZONES) (ZCA-64). - ORDINANCE NO. 9459, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.04.210 AND BY THE ADDITION OF SECTION 21.04.256 TO REVISE THE DEFINITION OF A LOT AND LATIONS FOR PLANNED UNIT DEVELOPMENTS, was introduced for a first reading by title only. CODE XMENDMENT - FLOODPLAIN OVERLAY ZONE (F-P) BY THE ADDITION OF CHAPTER 21.45 TO ADOPT REGU- [I141 21. AGENDA BILL #3658 - SUPPLEMENT #I - ZONE (ZCA-76). ORDINANCE NO. 9460, AMENDING TITLE 21, CHAPTER TION OF SECTION 21.31.170 TO PROVIDE FOR BOUNDARY was introduced for a first reading by title only. 21.31 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDI- ADJUSTMENTS IN THE F-P (FLOODPLAIN OVERLAY ZONE), L1l4] 22. AGENDA BILL #3659 - SUPPLEMENT #1 - ZONE CODE AMENDMENT - OPEN SPACE ZONE (0-S) - PER- MITTED USES (ZCA-74). ORDINANCE NO. 9461, AMENDING TITLE 21, CHAPTER PAL CODE BY THE ADDITION OF SUBSECTION (14) TO ADD CERTAIN AGRICULTURAL USES AS PERMITTED USES 21.33, SECTION 21.33.020 OF THE CARLSBAD MUNICI- IN THE 0-S (OPEN SPACE ZONE). Public Cllorks [70] .23. AGENDA BILL #3606 - SUPPLEMENT #1 - LAND- [SO] COUNTRY PARK - CONTRACT #1033. [45] SCAPE DEVELOPMENT OF LAGUNA RIVIERA AND CAR The City Manager advised that the bids received were significantly higher than the architect's estimate as it was originally intended that City forces do much of the work. He stated that the original estimate reflecting that intention was carried forward, and that there would be no benefit in rejecting the bids received. The City Manager also recommended at this time that the first paragraph of Resolution No. 3917 be amended to approve the transfer of $4,000 from the Parks and Recreation Fund balance and $21,000 from the Revenue Sharing Fund balance in order that the Parks and Recreation Fund balance not be depleted, and in view of the fact that Revenue Sharing Funds must be spent within two years. RESOLUTION NO. 3916, ACCEPTING BIDS AND AUTHOR- IZING THE EXECUTION OF CONTRACT NO. 1033 FOR THE I DEVELOPMENT OF LAGUNA RIVIERA AND CAR COUNTRY PARK, was adopted and further reading was waived; further, the following Resolution No. 3917 was adopted, with the recommended amendment, by title only with further reading waived: RESOLUTION NO. 3917, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE DEVELOPMENT OF LAGUNA RIVIERA AND CAR COUNTRY PARKS. CONTRACT NO. 1033. ~ COUNCILME Mot i on Ayes xxx Motion XXI Ayes 1 , Motion xxx Ayes X CITY OF CARLSBAD -8- June 1, 1976 D [70I 24. AGENDA BILL #3631 - SUPPLEMENT #1 - COMFORT [451 STATION - LAGUNA RIVIERA PARK - CONTRACT #1036. A motion was made to adopt the following Resolu- tion by title only, and that further reading be waived: RESOLUTION NO. 3918, ACCEPTING BIDS AND AUTHOR- IZING THE EXECUTION OF CONTRACT NO. 1036 FOR CON- STRUCTION OF A COHFORT STATION AT LAGUNA RIVIERA, City Manager [761 25. AGENDA BILL #3673 - PLANNING COMMISSION E751 APPOINTMENT PETITION. Mrs. Margaret BONAS read a statement concerning the desirability of appointing a woman to the Planning Commission and the qualifications of Mrs. Mignon Bowen for such appointment. Mrs. Bonas then presented to the Mayor a petition containing approximately 396 signatures urging appointment of Mrs. Bowen to the Planning Commission. [821 26. AGENDA BILL #3674 - NOISE ABATEMENT ORDINANCE. Mr. John McGILL, 4340 Highland Drive, addressed the Council protesting the nonenforcement of for boats using Agua Hedionda Lagoon, and re- quested a reply on this matter. (See later discussion. ) i existing noise abatement laws, and speed limits [501 27. AGENDA BILL #3675 - GENERAL REVENUE SHARING PLANNED USE REPORT. The Council accepted the report as presented. CITY COUNCIL ADDITIONAL BUSINESS: 1761 28. AGENDA BILL #3649 - APPOINTMENT TO THE PLANNING COMMISSION. 0 Following discussion the following Resolution was presented: RESOLUTION NO. 3901, APPOINTING A MEMBER TO THE CITY OF CARLSBAD PLANNING COMMISSION, was adoptel by title only, appointing Mr. Jerry Rombotis to a four-year term. [lo31 29. AGENDA BILL #3676 - APPOINTMENTS TO TRAFFIC SAFETY COMMISSION. The Mayor stated that he has no recommendations at this time, and encouraged persons interested in this field to submit an application. EXECUTIVE SESSION: Mayor Frazee called for an Executive Session at 1O:lO P.M. for the purpose of meeting with the City's wage negotiators. The Council reconvenec at 11:lO P.M. with all Council members present, and the Mayor announced that the purpose of the Executive Session had been to meet and confer with the wage negotiators. z d i COUNCILME Motion X Noes X) Ayes X CITY OF CARLSBAD COUNCILME -9- \! 3. w- June 1, 1976 /IO [82] AGENDA BILL #3674 - NOISE ABATEMENT ORDINANCE. In reply to Mr. McGill's request, the City Manager was instructed to prepare an updated report for submission to the City Council. - ADJOURNMENT: 0 Motion By proper motion, the meeting was adjourned at X 11:15 P.M. to Tuesday, June 8, 1976, at 5:OO P.M. Respectfully submitted, in the Council Chambers. xxx Ayes aqf &F@-c. E. ADAMS, City Clerk Patric a Reigle, Recording Secretary I)