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HomeMy WebLinkAbout1976-10-26; City Council; MinutesCITY OF CA cOuNClLMEN Meeting of: CITY COUNCIL (Adjourned Regular.Meeting) Date of Meeting: October 26, 1976 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers ~~ ~~ ~ I ~~~~- ROLL CALL: Presen INVOCATION was offered by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (Approved by one motion) Motion Minutes of the regular meeting held October 5, 1976, were approved as corrected. Minutes of the adjourned regular meeting held October 7, 1976, were approved as present-ed. Minutes of the adjourned regular meeting held October 12, 1976, were approved as presented. Minutes of the regular meeting held October 19, 1976, were approved as presented. Ayes PAY.MENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $216,984.91; Water Department $44,203.24; Net Payroll Transfer $86,466.69 for a total of $347,654.84, for the period October 1, 1976 thru Octaber 15, 1976, as certified by the Director of Finance and approved by the Auditing Committee Motion Ayes Ratification was given the payment of the Payroll in the amount of $138,365.57 for the period October 4, 1976 thru October 17, 1976, as certi- fied by the Director of Finance and approved by the Auditing Committee. CONSENT CALENDAR: I At the request of Councilman Skotnicki and with the unanimous consent of the Council, Item #2 (AB#3213) was removed from the Consent Calendar. The following items were approved by one motion Motion affirming the action on the Consent Calendar: Ayes [99] 1. AGENDA BILL #3236 - Supplement #3 - TENTATIVE CONSTRUCTION COMPANY. Resolution No. 4024, approving an extension of Tentative Map (CT 74-13) for a 135 unit development on 43.2 acres located on the east side of Crest Drive between Elm Avenue and Eucalyptus Avenue, was adopted. MAP EXTENSION (CT 74-13) BUENA WOODS - KAMAR [57] 3. AGENDA BILL #3777 - Supplement #1 - AMENDMENT Resolution No. 4026, amending the Land Use Element of the General Plan (GPA-42) to make certain TO GENERAL PLAN LAND USE TEXT AND PLAN (GPA-42). minor revisions in the text and to change the land use designation on a 1.7 acre area of the City's General Plan, was adopted. [96] 4. AGENDA BILL #3785 - YIELD CONTROL ON MARINA' [lo21 DRIVE AT PARK DRIVE. Resolution No. 4027, desig- nating Yield Control on Marina Drive at its in- tersection with Park Drive. was adopted. X xx $ .a 2 I CITY OF CA -2- October 26, 1976 C451 5. AGENDA BILL #3597 - Supplement #3 - CONSTRUC- Approval was given Change Order No. 1, acceptance was given the work and the City Clerk was instruct ed to record the Notice of Completion and release the bonds 35 days after the recording date. 1971 TION OF WHEELCHAIR RAMPS - CONTRACT NO. 1035. [85] 6. AGENDA BILL #3790 - HUMAN NEEDS ASSESSMENT. Approval was.given discirssion of Human Needs Assessment Report at Council work session. - ITEMS REMOVED FROM CONSENT CALENDAR: E991 2. AGENDA BILL #3213 - Supplement #3 - TENTATIVE MAP EXTENSION (CT 73-29) CARRILLO ESTATES - UNITS 1 & 2 - KAISER-AETNA. Councilman Skotnicki stated he had opposed the original approval of this project on the grounds that it was probably a premature development and is opposing the extension for the same reason. He stated further that this development is of some significant size and will have an impact on those matters to be discussed in the final Master Plan for La Costa at which time the provision of services will also be discussed. Brief discussion was held and the following Resolution was adopted by title only: RESOLUTION NO. 4025, APPROVING AN EXTSNSION OF TIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED I TENTATIVE MAP (CT 73-29) FOR A 253 UNIT RESIDEN- NORTHERLY ON THE NORTH SIDE OF UNICORN10 STREET BETWEEN AVENIDA DE PARAISO AND CHORLITO STREET. I PUBLIC HEARINGS: I [113] 7. AGENDA B1L.L #3786 - AMENDMENT TO LARWIN (TIBURON) MASTER PLAN (MP-5) AND SPECIFIC PLAN (SP-104A) - CASE NO. MP-5A AND SP-104B - LARWIN- SAN DIEGO. A transparency was displayed for review of the proposed area of amendment. The Planning Direc- tor stated that the wall eihibit whi:ch he has referred to in his report is dated June 19, 1975 and is Exhibit "E" of City Council Resolu- tion No. 3706 previously adopted by the Council. Referencesto that exhibit are made in the Plan- ning Department staff report on Page 3, Line 18, Condition #8. The Mayor declared the Public Hearing opened at 7:23 P.M. Since there'was no one who wished to be heard, the Public Hearing was closed at 7:25 P.M. Questions were asked of the Planning Direc tor by the Council regarding the parking problem existing in the development and alley widening. - S It was moved that the staff be instructed to report on the parking requirements and alley ' widths for consideration in connection with this project and if appropriate, to prepare the docu- ments for approval at the next regular meeting. COadNGibMEN - - - B B CITY OF CARLS - 3.- October 26, '1976 [99] 8. AGENDA BILL #3287 - PROPOSED TENTATIVE SUB- DIVISION MAP (CT 76-10) GREEN VALLEY KNOLLS - LA COSTA LAND COMPANY. A staff report was given by the Planning Director at which time he stated that this is a proposed resubdivision of land which lies within a pre- viously approved subdivision known as Carlsbad Tract 75-7. The Public Hearing was opened at 7:55 P.M. and MR. FRED MOREY, representing La Costa Land Companj stated he was available for questions from the Council. There being no one else who wished to be heard, the Public Hearing was closed at 7:56 P.M. It was .moved that the City Attorney be directed to prepare the documents necessary for approval of CT 76-10, in concurrence with Planning Com- mission Resolution No. 1274 and the additional condition recommended by the staff. [113] 9. AGENDA BILL #3528 - Supplement #5 - AGUA [85] HEDIONDA SPIECIFIC PLAN. E571 [701 Prior to a recess being called, Mayor Frazee stated this item is regarding the Agua Hedionda Specific Plan and since it involves San Diego Gas & Electric Company holdings, he would abstai from any participation and relinquish the Chair to the Vice-Mayor following a recess. The City Manager stated that it would be necess- ary to have more time to absorb the entire repor; and this would probably best be accomplished at a work session. He further stated Mayor Frazee had received a letter which states that the State has decided to consider none of these pilol plans prior to the first of the year and that they would only be given priority consideration as they were developed. Mayor Frazee read the letter from the State Coast Commission which stated this action was taken at their meeting of October 19th and 20th. Mr. Dan Gorfain, Chief Planner for the San Diego Coastal Commission commented on the action taken by the State Coast Commission. RECESS: Mayor Frazee called for a recess at 8:03 P.M. and the Council reconvened at 8:20 P.M., with four Council Members -present, since Mayor Frazee had indicated his abstention from discussion and relinquished the Chair to Vice- Mayor Lewis prior to r.ecess; It was noted that Mr. Gorfain from the San Diego Coastal Commission and member's of the Planning Department Staff were present to answer question A staff report was given by the Planning Direc- tor. Aerial Photos were referred to by the Planning Director in his report as well as two graphics marked "Exhibit A" and "Exhibit K" of the Specific Plan. The .Public Hearing was opened.and the following persons were heard: I mNclLMEN - - B B CITY OF CARLS -4- October 26, 1976 .. I MR. DAN GORFATN, Assistant Executive Director and Chief Planner for the San Diego Coast Regional Commission made reference to areas of concern by the Coast Regional Commission and stated those areas of concern are expressed in a letter to the City, dated October 20, 1976, from Mr. Shoup and himself. MR. JERRY ROMBOTIS, representing the north shore property owners who were not present at the meeting, was heard. He stated he would like to go on record as emphatically supporting Planning Commission Resolution No. 1277 and compl.imented the staff on their assistance and cooperation in this- planning effort. MR. LEW PRITTEN, 330 Chinquapin, Carlsbad, read a statement from the Board of Directors of Car1.s bad Community Cause, dated October 26, 1976, re- questing that the matter be continued to permit more time to study the EIR and Specific Plan.. Mr. Pritten was informed by the Vice-Mayor that the matter would be continued and the Public Hearing would remain open; that it was the Coun-. cil's intention to hold a workshop meeting on this matter at which time it will be discussed further. MR. LOU RASH, 4156 Highland Drive, Carlsbad, ex- pressed his concern regarding the impact on trqf fic on Highland Dr. and Hillside.. MR. JOHN McGILL, 4340 Hfghland Dirve, stated the traffic and circulation will be the issues in the dis- cussion of the Specific Plan. MR. LEW PRITTEN, was heard again by the Council. He reviewed certain items of the EI'R and Specific Plan and stated he felt there were a number of assumptions in the report. Also heard was MR. MEYERS JACOB- SON, 8043 Caminito Del Vida, San Diego, a Design er/Developer who stated there is one element of the Specific Plan which has not been given the emphasis that he felt it should have and that is, recreational uses, including public, priva,te and commercial. He also addressed the issue of the widening of Tamarack Avenue. It was agreed by the Council that the Public Hearing remain open and a motion was made that the matter be continued to the next regular meeting and that is was the council"^ intent at that time to continue it to the tentative date of Saturday, November 6, 1976, at 9:00 A.M., for a workshop session. The Vice-Mayor relinquished the Chair to the Mayor and the meeting proceeded. - By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived: cxxJNCObB4EN CITY OF CARLS ccWNCf LMEN -5- October 26, 1976 ORDINANCES FOR ADOPTION: The following Ordinance was given a second read- ing and. adopted: e251 10. AGENDA BILL #3781 - PROPOSED "EAST CARLSBAD ANNEXATION NO 2.26" - AMOS SOMMERS. ORDINANCE NO. 1195, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2. 26". I [28] CARLSBAD REDEVELOPMENT AGENCY: i The City Council adjourndd to the Redevelopment Agency at 9:40 P.M. and reconvened at 9:43 P.M. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Planning. si [114] 11. AGENDA BILL #3721 - Supplement #2 - (ZCA-79) [30] ADDITIONAL FREESTANDING SIGNS IN THE C-2 ZONE e961 AND COMMUNITY IDENTITY SIGNS. MR. ROBERT KNAUF requested to be heard,on behalf of Tri-City Auto Dealers. He stated that Condi- tion #8, Line 12 of Page 2 of Ordinance No. 8070 would be too restrictive to the Auto Dealers! since most of them use signs which display the logo of the various Automobile Manufacturers and those signs average between 55 and 50 square feet. He recommedddd the square footage be changed to permit the auto dealers the use of these signs. Brief discussion was held by the Council and th following Ordinance was introduced for a first reading, subject to an amendment of Condition #8 of the Ordinance changing it from 40 square feet to 55 square feet. ORDINANCE NO. 8070, AMENDING TITLE 21, CHAPTER 21.41. OF THE CARLSBAD MUNICIPAL CODE BY THE 1 ADDITION OF SECTION 21.41.075 TO REVISE THE RE- GULATIONS REGARDING FREESTANDING SIGNS IN THE COMMERCIAL ZONES AND TO PERMIT COMMUNITY IDENTI TY SIGNS. I El13] 12. AGENDA BILL #3682 - Supplement #2 - CASE NO. MF-149 (B) LA COSTA MASTER PLAN AMENDMENT. I The Planning Director stated this matter had been returned for documents: I ORDINANCE NO. 9469, AMENDING ORDINANCE NO. 9322 AND REPEALING ORDINANCE NO. 9376 TO ADOPT A RE- I VISED MASTER PLAN FOR THE LA COSTA AREA SUBJECT TO CERTAIN CONDITIONS, was introduced for a first reading. I e1051 13. AGENDA BILL #3741 - Supplement #1 - AMEND- e451 MENT TO HOUSING AND COMMUNITY DEVELOPMENT BLOCK c87 1 GRANT MANAGEMENT AND IMPLEMENTATION AGREEMENT., A report was given by the City Manager regardin the request for an Amendment'to the Housing and Community Development Block Grant. He stated the- amendment would permit th-e building of addi tional ramps at Juniper and Carlsbad Boulevard and at Tamarack and Carlsbad Boulevard. 1 CITY OF CARLS5A5 -6- - B b I i ~ I I ~ I ~ October 26, 1976 RESOLUTION NO. 4028, AMENDING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, was adopted by title only. 1431 14. AGENDA BILL #3700 - Supplement #2 - TEMPOR- [ 281 ARY OFFICE (CUP 86-A) - ADVISORY AND APPEALS . BOARD REPORT - JAMES GAISER. A brief report was given by the City Manager and it was moved that the City Attorney be di- rected to prepare the documents necessary for approval of the permit commencing July 6, 1976 and expiring January 6, 1977, and that the staff be directed to send a letter to the applicant informing him of Council action., i E1051 15. AGENDA BILL #3788 - APPLICATION FOR OPEN SPACE SUBVENTION PAYMENT. I The Planning Director explained the purpose of application for open space subvention payment and Council discussion ensued. Councilman Packard suggested that the other taxing agencies be notified of the availability of this applica- tion. The following Resolution was offered for adoption. RESOLUTION NO. 4029, AUTHORIZING THE FILING OF AN APPLICATION FOR THE STATE OPEN SPACE SUBVEN- TION REVENUES AND DESIGNATING AN AUTHORIZED RE- ~ PRESENTATIVE, was adopted by title only. [821 16. AGENDA BILL #3789 - SOUTH COAST ASPHALT [431 PLANT COMPLAINT. A staff report was given by the Planning Dir- ector. Discussion was held by the Council at which time , it was pointed out that the Asphalt Plant has ~ existed at that location for many years prior ~ to major development occurring in the surround- ing area, mostly in the City of Oceanside. It was recommended by the staff that due to the fact that this plant is situated in both the City of Carlsbad and the City of Oceanside, the matter be referred to the staff and that the staff work with the City of Oceanside after which time the matter be referred to the Plan- ning Commissiori for Public Hearing to re-evalu- ate the Conditional Use Permit. MR. DON HICKITHIER, 3701 Haymar Road, Carlsbad, representing South Coast Asphalt, explained the operation of the plant, reviewed the hours work ed and stated that there are only certain areas where the minerals or rocks needed for this typ of plant can be,found and the plant location is J a necessary site. He also stated that they hav made efforts at considerable expense to control noise. - le e WNGibMEN CITY OF CARLS -7- October 26, 1976 " ~_" ~~~ ~ ~~_~~_ ~- It was moved that the recommendation of the staff be accepted; that the. matter be referred back to the staff with the understanding that the staff would work with the City of Oceanside and that following consultation with the City of Oceanside, the staff be instructed to set the matter for Public Hearing before the Carlsbad Planning Commission for consideration of a re- evaluation of the Conditional Use Permit. City Manager. PI 17. AGENDA BILL #3791 - SUPPORT OF GOLDEN WEST [ Bh] AIRLINE SERVICE - ORANGE COUNTY/PALOMAR/SAN DIEQ( The City Manager reported that Golden West Airline Service is seeking a letter of support from the City of Carlsbad in their application to the P.ublic Utilities Commission to provide service at Palomar Airport. Councilwoman Casler recommended that this matter be set to Public Hearing so that those interest- ed citizens could express their views. Council- man Skotnicki supported that suggestion. During discussion of this matter, 7.t was pointed out that Lear Jets are landing at Palomar Air- port now and they are considerably more noisy than the planes proposed by Golden West Air1,ines also that some years ago, Golden West Airlines provided this service at Palomar Airport, Tt was further pointed out that these planes would ' be twin engine prop planes with a capacity for nineteen passengers. A motion was made that the matter be referred to the staff for possible Public Hearing. CITY COUNCIL ADDITIONAL BUSINESS: 391 18. AGENDA BILL #3873 - APPOINTING A MEMBER TO THE PARKS AND RECREATION COMMIS.SION. Mayor Frazee stated he would like this matter continued to the next regular meeting. By concensus of the Council, the matter was continued. Council Committee Reports: Councilman Packard and Administrative Assistant Frank Mannen gave a brief report regarding the survey to be conducted in connection with the the question of iik'inking at the beach, paramedic service and the dhildr-en's library. Other Council Committee Reports were given and no action was taken. CITY MANAGER ADDITIONAL BUSINESS: I 1741 Appointment af Manager of Encina Water Pollutior I Control Faci 1 i ty. 1 j The City Manager announced that t,he City of I Carlsbad, with the concurrence of the Joint I CcuNCiLMEN CITY OF CARLS -8- October 26, 1976 Advisary Committee, had h.ired the Manager of the Encina Water Pollution Control Facl?i.ty., Mr. Lewis Evans, who is currently the Public Works Director for the City of Rialto, will fill that position effective November 15, 1976. EXECUTIVE SESSION: Mayor Frazee called an Executive Session at 11:12 P.M. for the purpose of discussing pend- ing litigation. The Council reconvened at 11:55 P.M. and the Mayor announced the Executive Session was for the purpose of discussing ltti- gation and the City Attorney was prepared to report on this matter. 141 1 The City Attorney stated the City is involved in C351 a bankruptcy matter in the U. S. District Court in San Diego, Western Land and Development Corn-. pany vs City of Carlsbad. He stated he is pre- pared to recommend a settlement of that litiga- tion to the City Council on the following grounds: 1) That Western Land and Development Company and the City of Carlsbad release each other from any and all claims arising out of Com- plaint No. 7; and its Claim No.. 1 filed in the Chapter XI1 bankruptcy proceeding of Rancho Carlsbad. Mobile Home Park, a general partnership (BK #75-3310-P). 2) The City of Carlsbad waives and withdraws 3) Western Land and Development Company waives and withdraws its claim to all sewer con- nection fees heretofore paid to the City of Carlsbad under protest. 4) Western Land and Development Company shal.1 pay to the City of Carlsbad the pr.eGai7ing sewer connection fee for each of the 121 unoccupied spaces at Rancho Carlsbad Mobi1.e Home Park as of September 15, 1976, payable at the time each such space becomes occupie by a mobile home. d Authorization was given the City Attorney to settle the litigation as recommended by the City Attorney and indicated above. ADJOURNMENT: I By proper motion, the.meeting was adjourned at 11:58 P.M. I Respectfully submitted, I wiy&t&?gh MARGA T E. ADAMS, City Clerk Nora K. Gardiner, Recording Secretary cxxJNCIE%EN I ~ Motio Ayes