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Home My WebLink About1977-05-17; City Council; MinutesB .( . . . - . . - - - - . . 1 CITY OF CARLSBAD CWNCltMEC - I) R Meeting of: CITY COUNCIL (Regular Meeting) ROLL CALL: INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the adjourned regular meeting held Motion April 26, 1977, were approved as presented. Ayes xx Minutes of the regular meeting held May 3, 1977, were approved as presented. 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 xx $208,854.18; Water Department $2,169.44; Invest- ments $700,000.00; Net Payroll Transfer $93,537.91 for a total of $1,004,561.53 for the period May 1, 1977 through May 15, 1977, as certified-by the Director of Finance and approved by the. Auditing Committee. Ratification was given the payment. of the Payroll Motion X in the amount of $148,222.54 for the'period April Ayes x. x 18, 1977 through May 1, 1977, as certified by the Director ,of Finance and approved by the Auditing Committee. O.RAL PRESENTATION: [68] 1. AGENDA BILL #5060 - CPO SERIES IV POPULATION ' FORECASTS. Mr. Rick A1exander;a member of the Comprehensive Planning Organization staff, made the presentatior to Council. He outlined the methods used for determining the forecast figures, and their in- .tended purpose in long-range planning efforts. He then stated the actual figures would be before Council in the near future for Council action. Staff expressed concurrence with the f'orecast figures . CONSENT CAL-ENDAR: The following items were approved by one motion xx Ayes affirming the action on the Consent Ca1e.ndar: X Motion [99] 2. AGENDA BILL #3785 - Supplement #2 - FINAL MAP APPROVAL/ACCEPTANCE OF PREVIOUSLY REJECTED LOTS - SOMMERS DEVELOPMENT CO.. Council approved the final map for Carlsbad Tract 75-2, Unit 2, Carlsbid Meadows. Resolution No. 5075, accepting for public street purposes certain previously rejected lots, was FOR STREET PURPOSES - CARLSBAD MEADOWS UNIT #2 - . adopted. [98] 3. AGENDA: BILL #5061. - STREET NAME CHANGE REVIEW [76] Council directed the Planning Commission to initiate a public hearing to consider a name change for Retiro Street. B B CITY OF . CARLSBAD -2- May 17, 1977 ~~~~ CONSENT CALENDAR (Cont'd.) [991 4. 'AGENDA BILL #3213 - Supplement #5 - ACCEPTANC [lo71 OF RESERVED STREETS REQUIRED BY CARLSB'AD TRACT 73-29, UNIT NO. 1 - CARRILLO ESTATES. Resolution No. -5076, accepting for public street purposes certain previously rejected easements ,required by Carlsbad Tract 73-29, Unit No. 1 , was .adopted. - C991 ~1071 5. AGENDA BILL #3629 - Supplement #1 - FINAL MAP APPROVAL/ACCEPTANCE OF RESERVED STREETS - ROYAL. HOMES NO. 6, UNIT 1, 2 AND 3 - CARLSBAD DEVELOP- MENT CORP. Council approved the Final Map for CT 76-2 (Royal Homes No. 6) Units 1, 2 and 3. Resolution No. 5077, accepting for public street purposes certain previously rejected easements required by Carlsbad Tract 76-2 (Royal Homes No. 6) Units 1, 2 and 3, was adopted. E321 6. AGENDA BILL #5062 - INVESTMENT OF IDLE FUNDS C50l IN STATE POOL. Resolution No. 5078, authorizing investment of City of Carlsbad monies in Local Agency Investment Fund, was adopted. C841 7. AGENDA BILL #5063 - PURCHASE OF TANDEM TRAILEl ResoTution No. 5079, accepting a bid, authorizing a contract and authorizing funds for the purchase of a tandem trailer, was adopted. C411 8. AGENDA BILL #5064 - CLAIM AGAINST CITY - MRS. E. S. SCHICK. Resolution No. 5080, denying a claim against the City, was adopted. E991 9. AGENDA BILL #2207 - Supplement #6 - C. C. & R's. - PALOMAR AIRPORT BUSINESS PARK. Resol'ution No. 5081, approving an amendment to the Declara-. tion of Covenants and Restrictions, Palomar Air- port Business Park, was adopted. C1141 10. AGENDA BILL #5065 - ZONE CODE AMENDMENT - C301. COMMUNITY SIGNS. Council instructed staff to include in the sign code amendment currently bein! drafted by staff (regarding free-standing signs) an additional section for community identity sign in a non-specifically approved development. [zgl 11. AGENDA BILL #5066 - JOINT ADVISORY COMMITTEE C451 LEGAL-.SERVICES. Resolution No. 5082, authorizing and directing the Mayor to execute an agreement for legal services, was adopted. mj 12. AGENDA BILL #5067 - APPLICATION FOR GRANT - 77 DEVELOPMENT OF LOCAL COASTAL PROGRAM FEASIBILITY/ WORK .PROGRAM. Resolution No. 5083, requesting thc State Office of Planning and Research to-provide planning assistance for preparation of a Local Coastal Program Feasibil'ity/Work Program, was adopted. Staff was directed to. pursue preparation of the Local Coastal Program work program. 1741 13. AGENDA BILL #5068 .- AMENDMENT TO PUBLIC C451 EMPLOYEiol utior No. 5084, of intention to approve an amendment to contract between the Board of Administration of tl Public Employees' Retirement System and the City Council of the City of Carlsbad, was adopted. I E R. 3 2 e 2 1 i - COUNCILMEf CITY OF CARLSBAD WNCOLMEI - D D -3- May 17, 1977 ~ -~~~ - ORDINANCES FOR ADOPTION: 1 By minute motion, the reading of the text of all Ordinances before the Coun.ci1 at this 'meeting, was waived. I By minute motion, the reading of the text of all Ordinances before the Coun.ci1 at this 'meeting, was waived. I E761 14. AGENDA BILL #5057 - AMENDMENT T.0 CARLSBAD E671 MUNICIPAL CODE .RE: . .APPOINTMENT OF 'PLA.NNING COMMISSIONERS. I In order to reflect the desires of Council, the item was continued to the next regular meeting. r51l 15. AGENDA BILL #5018 - ADOPTION OF 1976 EDITION OF THE UNIFORM FIRE CODE. . The following Ordinance was given a second readin! and adopted: ORDINANCE NO. 2032, AMENDING TITLE 17, CHAPTER 17.04, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 17.04.010 THROUGH 17.04.130 INCLUSIVE, AND BY THE ADDITION OF SECTIONS 17.04.140 THROUGH 17.04.340 INCLUSIVE, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM FIRE CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. .I 3 m 16. AGENDA BILL #3746 - Supplement #2 - DRINKING C321 The following Ordinance was given a second reading C851 ON THE BEACH.. r 781 and adopted: ORDINANCE NO. 3106, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.44 TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON 'CITY BEACHES. [w 17. AGENDA BILL #5034 - Supplement #1 - ZONE . CHANGE FROM L-C TO P-M - PALOMAR PROPERTIES, 1NC.- CABOT, CABOT & FORBES. ZC-190. The following Ordinance was given a second readin and adopted: ORDINANCE NO. 9482, AMEND.ING TITLE 21 OF THE * CARLS-BAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-190) FROM L-C (LIMITED CONTROL) TO P-M (PLANNED INDUSTRIAL) ON PROPERTY GENERALLY LOCATED ON'THE SOUTH SIDE OF PALOMAR AIRPORT, BOTH SIDES OF YARROW DRIVE. 9 [w 18. AGENDA BILL #5032 - Supplement #1 - ZONE CHANGE FROM R-P TO C-2 - D. K. DEWHURST AND TONY HOWARD-JONES. ZC-188. The following Ordinance was given a second reading and adopted: ORDINANCE NO. -9483, AMENDING TITLE 21 OF THE . CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-188) FROM R-P (RESIDENTIAL PROFESSIONAL) TO C-2 (GENERAL COMMERCIAL) ON PROPERTY GENERALL.Y LOCATED ON THE . WEST SIDE OF ROOSEVELT STREET BETWEEN GRAND AVENUE AND BEECH AVENUE. - a Motion Ayes Mot i on Ayes Motion Ayes Mo ti on Ayes Motion Ayes Mo ti on Ayes xx , -~ X xx xx xx CITY OF CARLSBAD COUNCltMEt - D D q -4- F - u May 17, 1977 //3 ~ PUBLIC HEARINGS: [loll 19. ' AGENDA BILL #5014 - TAXICAB APPLICATION - RALPH BURNETTE. ... The City Manager requested the item be filed. Council concurred with the request and directed the matter be filed. [113] 20. AGENDA BILL. #5069 - ZONE CHANGE REQUEST FROM R-1 TO RDM - TOM BEVILACQUA. ZC-'192. The Planning Director gave the staff report with the aid of a transparency and indicated the zone change would bring the property into conformance with the General Plan, but due to the moratorium, Council may wish to consider denial of the request The Mayor asked if anyone wished to be heard and declared the public hearing open. Mr. Thomas Bevilacqua, 2312-105 Hosp Way, Carlsba representing the owner of the property, addressed Council. He indicated it was understood that building could not take place on the property until the moratorium is lifted, but did not feel the zone change should be denied. 1 Since no one else wished to -be heard, the Mayor closed the public hearing at 7:42 P.M. Council discussion related to conformance with the Land Use Element of the General Plan and possible non-conformance with the Pub1 ic Facilities Element The City Attorney was instructed to work out any technicali.ties and to prepare. the documents necessary to approve ZC-192, rezoning the propert3 to RD-M-Q. ,DEPARTMENTAL AND CITY MANAGER REPORTS: Planning C991 21. AGENDA BILL -#5053 - Supplement #1 - APPROVAL [I131 QF TENTATIVE MAP/PLANNED UNIT DEVELOPMENT - R. J. BRYAN. . This item was returned for documents. The following Resolutions were adopted by title only: RESOLUTION NO. 5085, APPROVING WITH CONDJTIONS TENTATIVE MAP-(CT 77-61 FOR A 12 LOT 11 DWELLING UNIT DEVELOPMENT GENERALLY. LOCATED ON THE SOUTH I SIDE OF CHESTNUT BETWEEN HIGHLAND AND ADAMS. - RESOLUTION NO. '5086, 'APPROVING A. PLANNED UNIT DWELLING UNIT DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF CHESTNUT BETWEE-N HIGHLAND AND DEVELOPMENT PERMIT (PUD-10) FOR A 12 LOT 11 ADAMS. Motion Ayes 9 Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes X X X X X X X . . - . . - - . . . . . CITY OF CARLSBAD COUNCltMEb - D D -5- r Mav 17, 1977 - [w 22. AGENDA BILL #5033 - Supplement #1 - APPROVAL ' - OF ZONE CHANGE - L-.C TO E-A-Q - CABOT, CABOT & FORBES. ZC-189. The Planning Director gave the staff report with the aid of a transparency. The followi.ng Resolution was adopted by title on1 RESOLUTION NO. 5087, ANNOUNCING FINDINGS AND , DECISION REGARDING CHANGE OF ZONE (ZC-189) FROM L-C to E-A-Q ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN PALOMAR AIR- PORT ROAD AND ALGA ROAD. . e The following Ordinance was introduced for a firs reading: ORDINANCE NO. 9484, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MA TO GRANT A CHANGE OF ZONE (ZC-189) FROM L-C TO E-A-Q ON PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN PALOMAR AIRPORT ROAD AND ALGA ROAD. [I131 23. AGENDA BILL #5070 - ZONE CODE VIOLATION - [30] ANTHONY POOLS - PALOMAR AIRPORT BUSINESS PARK. The Planning Director gave the staff report out- lining the violations and the subsequent request of Anthony Pools for amendments to the Ordinances that regulate same. Violations consisted of an existing wood fence. rather than the required soli masonry wall and existence of outdoor manufactur- ing operations. Following discussion., Council. directed staff to include in ZCA-77 (amendment to the .P-M Zone) the allowing of manufacturing operations outdoors under certain circumstances. It was understood that the staff would enforce the requirements of the Ordinance regarding the fencing violation. Mayor Frazee reli'nquished. the Chair to Vice-Mayor and E.lectric holdings. , Lewis for the next item due to his San Diego Gas [57] 24. AGENDA BILL #3095 - Supplement #l - DISCUSS1 ON JAPATUL'S REQUEST FOR GENERAL PLAN AMENDMENT. Fol lowing a brief report on- the ma'tter by the Planning Director, Council recognized Mr. Art Bishop, San Diego Gas & Electric Co, Mr. Owen Menard of Menard & As,soc., 454 Baseline Road, El Cajon, 'and Mr. Nick Banche, Attorney, 3464 Seacrest, Carlsbad, representing Japatul . They gave a detailed.history of the project since its inception and .requested they be allowed to procec with their application. They distributed- a list Project commencing January, 1977, to Council. Council recognized Mr. George Flanders, 2168 Chestnut, Carlsbad. Mr. Flanders requested that such time as a Local Coastal Plan is developed. ~ . of events pertaining to Japatul Business Center - processing of the application be delayed until Y - Y: t P d :0: :d Lct Motion Ayes Motion Ayes Motion Ayes 4 - xx xx .. CITY OF CARLSBAD COUNCIL ME^ - B D 7 -6- May 17, 1977 Following lengthy discussion, Council instructed staff to process a General Plan Amendment, Specific Plan and other .Planning tools necessary ' to allow development of the proposed project, thu allowing Japatul to apply directly to the Coastal Commission for permits to proceed. S RECESS: Vice-Mayor Lewis called a recess at 9:ZO P.M. and Council reconvened at 9:34 P.M. with four Council members present. Pub1 ic Works [97] 25. AGENDA BILL #2027 - Supplement #5 - POIN- [99] SETTIA LANE GRADE SEPARATION. [991 i I' ~ ~ ~ ~ [64] I I I The Public Works Administrator gave a staff repor indicating the item required no Council action as it was for information purposes. He stated the' State funds are no longer available for.this pro- ject as those funds had been reallocated. 1 26. AGENDA BILL #3417 - Supplement #3 - TENTATIVd - MAP EXTENSION - LARWIN-SAN DIEGO, INC. CT 74-25. I The Public Works Administrator gave a brief repor on the project, stating if Council approved the extension, the appropriate notations wou'ld be added with regard to the moratorium. Therefore, the map would not be able to final if sewer facilities were not available. I Staff indicated that in line 31, Page 2 of. Resolution No. 5088, the word "applicable" should be changed to "ava,i 1 ab1 e". Council recognized Mr. Gary Lipska of Toups Corporation, La Jolla, representing the applicant Mr. Lipska requested Council to consider allowing maps to final, with the condition on the final map that building permits would not be issued until such time as sewer facilities are available Following Council .discussion, the following Resolution was adopted with the change as indicat- ed by staff: RESOLUTION NO. 5088, APPROVING AN EXTENSION OF TENTATIVE MAP FOR 215 LOTS ON A DEVELOPMENT LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEF ELM AVENUE A'ND MARRON ROAD. I j ~ Motion I Ayes X Abstain X Motion Ayes X Noes 1 X 27. AGENDA BILL #5071 - STREET LIGHTING MAINTE- - NANCE DISTRICT NO. 1. *. I The Public Works Administrator gave the staff ' report on. the matter with the aid of a wall exhibit. He referenced various areas that were not included in. the District at .this time in that they had deposited funds for lighting pur- poses for a period of. 18 months, and they'were still operating on these funds. He stated upon expiration of the 18 months, they would be annexed into the District. . - . - . .. . . . _I I, D CITY OF CARLSBAD COUNCILMEC -7- r May 17, 1977 He then referenced the Plans and Diagram .Book for Street Lighting District Number 1 and another report containing computer print-outs listing every parcel contained in the District, stating they would be on file in City Hall. Council discussed the matter briefly and question ed why.Hughes had not been required to install street 1 ights. The City Manager stated the matter would be re- searched and a report would be furnished to Counc The following Resolutions were adopted by title only: RESOLUTION NO. 5089, ORDERING THE CITY ENGINEER TO PREPARE PLANS, SPECIFICATIONS, COST EST-IMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA FOR PROCEEDINGS FOR FORMATION OF A STREET LIGHTIN DISTRICT WITHIN SAID CITY. RESOLUTION NO. 5090, APPROVING THE ENGINEER'S REPORT FOR CERTAIN STREET LIGHTING MAINTENANCE IN A STREET LIGHTING DISTRICT WITHIN.SAID CITY. RESOLUTION NO. 5091, DECLARING ITS INTENTION TO ORDER THE FORMATION OF A STREET LIGHTING DISTRICT FIXTURES AND APPLIANCES WITHIN SAID.CITY AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. TO PROVIDE FOR THE MAINTENANCE OF CERTAIN LIGHTIN [93] 28. AGENDA BILL #5059 - Supplement #2 - SEWER - MORATORIUM UPDATE. The City Manager gav'e a brief introduction of the matter stating the update consisted.of two report one from the Planning Department and one from Public Works Department. The Public Works Administrator distr'ibuted a re- vised report and outlined same. He further state the rerating of the plant should be completed in approximately 3 to 4 months. o The P.lanning Director then outlined his report indicating staff realized there still needed to be a great deal of work done on the matter of establishing an allocation system. However, the method as outlined in the report would at least be a beginning. Mayor Frazee stated several members' of the public wished to speak on the matter, and they would be heard at this time. Mr. George Flanders, ,2168 Chestnut, Carlsbad, addressed Council. Mr. Flanders stressed the importance of'a growth management program and . expressed the opinion that Council should take advantage of the moratorium by denying such items 1 as tentative map extensions. ~ I I- I I - i' G G S C A I. Motion Ayes - Motion Ayes Motion Ayes Y xx xx xx CITY OF CARLSBAD COUNCILME1 - B B - -8- v -I Mav 17. 1977 ., Mr. Gene Yokum of Minnich-Yokum Investments, 1313 Chinquapin, Carlsbad, suggested that in an alloca. tion system, those projects should have priority which already have Council app.rova1. Mr. frank Ausman, 4917 Neblina Dr., Carlsbad, suggested priority be given to those 1,ots that are legal lots and ready to hook up rather than .approving more projects. Mr. Jerry Rombotis, 3505 Charter Oak Dr., Carlsbac reviewed the Planning report and questioned why no mention was made about people who have par- ticipated in assessment districts. Mayor Frazee clo.sed the matter to public discussic at 9:52 P.M. The City Manager then suggested that Council may wish to discuss the allocation system at a work- shop session. Further that it may be desirable to appoint a committee consisting of two Council members to work with staff in developing an allocation system. Council concurred with the suggestion, and Mayor Frazee appointed Councilman Packard and Council- woman Casler to work with staff on a sewer alloca tion system, after which a r.eport would be returned to Council at a workshop session. City Manager [Sl] 29. AGENDA BILL #5011 - Supplement #2 - ACQUISI- [SO] FORREST KRUGER. [lo] TION OF PROPERTY ADJACENT TO HOLIDAY PARK - Following a brief report by the City Manager, the following Resolution was adopted by title only: RESOLUTION NO: 5092,- AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND RESERVE ACCOUNT TO THE GENERAL FUND PARKS ACCOUNT. By minute motion,. staff was authorized to enter into escrow with Forrest Kruger for the purchase of the ,property in the amount of $50,700, plus expenses of the sale, making a total price of $51,100. [28] 30. AGENDA BILL #5042 - COMMITTEE ON SENIOR CITIZENS AFFAIRS VACANCY. The Mayor announced this item was being continued to the next regular meeting. [63] 31. AGENDA BILL #E1072 L BOARD AND COMMITTEES [28] TERMS EXPIRING DURING JUNE., 1977. Mayor Frazee announced this item was being con- tinued to the next regular meeting. II 3 3 - //7 3 n Motion Ryes Mo ti on Ayes xx xx . I. - - . . - - . . . CITY OF CARLSBAD -9- Mav 17. 1977 I - - D B CITY COUNCIL ADDITIONAL BUSINESS: I 1281 Senior Citizens I Counci.lwoman Casler reported on the Senior Citizens committee meeting.. I [68] CPO Areawide Water Qual i ty I Councilwoman Casler reported on the recent meetin of the Areawide Water Quality Management Plan committee for CPO. She stated a consultant had been hired. Further, the institutional chart refers to a joint powers agreement; therefore elected officials and staff will be interviewed regarding this matter. g [63] Library Book Fair Councilwoman Casler stated the Library Book Fair will be held on Sunday from 1:00 to 5:OO P.M. [68] League of Cities E621 May'or Frazee reminded Council of the League of Cities meeting Thursday evening for which Carlsbad is the host City. Mayor Frazee then reported on the Le.ague of Cities position.wherein they are opposing Senate Bill 12 and AB 999; further, they ar.e urging .a11 cities to express opposition to the two bills which relate to property taxes. Council concurred that the Mayor express opposi- tion to Senate Bill 12 and AB 999, affirming the League's position, by communicating with our member of the Legisl-ature. Mayor Frazee refer.enced several bills before the legislature upon which the League of Cities is communicating a pos'ition -and requesting support from Cities. It was the concensus of Council that the Mayor communicate with .the proper representatives on the bills before legislature, affirming the v Leagu.e's position. - CITY MANAGER ADDITIONAL BUSINESS: The City Manager informed Council of the. items to be placed on the agenda for the workshop meeting of May 24, 1977. CITY ATTORNEY ADDITIONAL BUSINESS: I The City Attorney briefly reported on the meeting he had attended in Sacramento. ADJOURNMENT: . ~ By proper motion, the meeting was- adjourned at 11:36 P.M. to Tuesday., May 24, 1977, at 7:OO P.M. in the Council Chambers. j- t COUNCILME? Motion Ayes xx .. I I* " . .. >, CITY OF CARLSBAD COUNCILME1 - 10 - Respectfully submitted, NORA K. GARDINER, Deputy City Clerk Lee .-Rautenkranz, Recording .. D