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HomeMy WebLinkAbout1978-02-21; City Council; Minutes., CITY OF CARLS5AD CWNCOLME ROLL CALL: INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. 1978, were approved as corrected. Minutes of the adjourned regular meeting held February 8, 1978, were approved as presented. - PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: $370,874.54, a's certified by the Director of Finance and approved by the Auditing Committee. period January 23, 1978 through February 5, 1975 as certified by the Finance Director and approve '.':by the Auditing Committee. CONSENT CALENDAR: Mayor Frazee stated a letter had been received from Mr. Edward L. Valentine requesting Item No. 1 be removed from Consent Calendar and noticed for public hearing. Therefore, Item No. 1 would be removed for discussion. Councilwoman Casler requested Item No. 3 be re- moved for discussion. 2. AGENDA BILL #5257 - Supplement #4 - GENERAL Resolution No. 5309, ordering the canvass of the General Municipal Election to be held on the . 7th day of March, 1978, to be made by the City Clerk of the City of Carlsbad, was adopted. NUNICIPAL ELECTION - CANVASS OF BALLOTS. 4. AGENDA BILL #5337 - PARK DRIVE WIDENING - CONTRACT NO. 1046. Resolution No. 5311, approv- ing plans and specifications and authorizing the City Clerk to invite bids of the widening of Park Drive between Kelly Drive and Valencia Avenue - Contract No. 1046, was adopted. 5. AGENDA BILL #5338 - CITY PERSONNEL BOARD ACTION - JANUARY 26, 1978. Council acknowledged receipt of the Board's recommendation and returned the report to the City Manager re the appeal of Mr. Mjchael Zander, Associate Planner. ~- . .. . - . ... . . -. . . - 3, CITY OF CARLSBAD COUMCILMEE -2- CONSENT CALENDAR (Cont'd.) ITEMS REMOVED FROM CONSENT CALENDAR: ~ Councilwoman Casler stated she had requested the item removed from the Consent Calendar in that she had questions re the matter. The Public Works Administrator stated prior to the discussion, he wished to clarify that wherei a portion of the funds for the project were to be derived from a grant from the State Land and Water Conservation, a letter had not been re- ceived as yet from the State approving the grant. Therefore, staff was changing their recommendation to one of requesting Council to approve the plans and specifications and author- izing the City Clerk to advertise for bids after the letter from the State was received. Councilwoman Casler questioned the estimated ::amount of $149,600 for a portion of the park, wherein previously it had been estimated that the entire park would cost $80,000. In.this regard, she requested staff to furnish additiona information as to the difference in the cost estimate. In addition, Council questioned the methods utilized for obtaining public input into the plan of the park and suggested the possible desirability of holding public hearings to ob- Council recognized Mr. Edward Valentine, 5019 . Tierra Del Oro, Carlsbad. Mr. Valentine stated there has been a problem on Tierra Del Oro for several months due to employees of San Diego Gas & Electric parking on the street rather-than in the provided parking area. Since the place- ment of the "No Parking" signs on Carlsbad Boulevard, the problem has increased. In addi- tion, he stated the quality of-the street is suitable to handle traffic from the residences on Tierra Del Oro, but not suitable for the additional traffic created due to the parking problem. He concluded by stating parking is not the only problem in this area and expressed the feeling that more time should be set aside for discussion and public input on the m'atter. <> - B c.2TY OF CbkWLSBA aNk,-&Ei -3- 3. AGENDA BILL #5336 - Continued. The Public Uorks Administrator then stated this item was scheduled for the next meeting of the Traffic Safety Commission. It was the concensus of Council that this item be returned to Council following its discussion at the Traffic Safety Commission meeting. ORDINANCES FOR ADOPTION: Ordinances before the Council at this meeting was waived. r311 7. AGENDA BILL #3566 - Supplement #3 - BINGO ORDINANCE AMENDMENTS. The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 1.208, AMENDING TITLE 5, CHAPTER TO CONDUCT BINGO GAMES. [371 8. AGENDA BILL #5335 - COUNCIL VACANCY - MARCH :137,8 ELECTION. The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 1209, AMENDING TITLE 2, CHAPTER SHALL HOLD OFFICE ONLY UNTIL THE NEXT ELECTION. [77] . 9. AGENDA BILL #5294 - Supplement #1 - AMEND- MENT TO PLANNING MORATORIUM (ORDINANCE #7048) JOHN C. WHITE FOR SAM PRIESTLY LINCOLN MERCURY. The following Ordinance was given a second read- ing and adopted: Mayor Frazee suggested and Co'uncil concurred cussed at this time. 1 that Item No. 20 be taken out of order and dis- 1931 20. AGENDA BILL #5308 - Supplement #1 - SEPTIC TANK SYSTEMS AS ALTERNATE METHOD OF SEWAGE DIS- The City Engineer gave the staff report on the matter referring to his Memorandum to the City Manager dated January 1.0, 1978 and Memorandum to the City Manager dated February 14, 1978. - -. . " . .. . *I CITY OF C -4- February 21 , 1978 - I) ".~ " ~~~ - ~~- ." Council discussion. related to possible problems which may result from the, usage of septic sys- tems in majoln subdivisions, as well as the possible impact on future allocation systems if such usage is permitted. Following further discussion, Council instructec staff to return with the necessary documents adopting the recommendations as outlined in Exhibit 1 and Exhibit 2. PUBLIC HEARINGS: 10. AGENDA BILL #5240.- TENTATIVE SUBDIVISION MAP - CT 77-15 - LOCATED WEST SIDE OF EL CAMINO - REAL, SOUTH OF KELLY DRIVE - KEN REYNOLDS. 8 I &: f 5 The Planning Director gave the staff report giving the background data of the project and referring to a wall exhibit showing the locatio1 of the proposed project. Mayor Frazee declared the public hearing open and. asked if anyone wished to be heard on the matter. Mr. Kenneth A. Reynolds, 9421 Leilani Drive, Huntington Beach, applicant, addressed Council. Mr. Reynolds gave the history of the project anc ". outl-ined his actions in order to comply with 'City requirements. ,Mr. Reynolds explained the perc tests which were conducted and results of same, distributin to Council a report from San Dieguito Engineeri Inc., which detailed the results of the perc tests conducted. .He then distributed to Counci a map showing the location of the perc test holes, sketches showing two typical lot layouts and location of the seepage pits, and- a table ekp'laining how the lots are grouped in square footage, and gave a brief explanation of each. Mr. Reynolds concluded by indicating his com- pliance with City requirements, and requesting Council approval of the project with the con- dition that he be allowed to reduce the number of lots based on the final design a'nd testing. Mr. Michael E. Shook, 4941 El Camino Real, Carlsbad, addressed Council. Mr. Shook express ed opposition to the project due to concerns about traffic congestion which would be cre.ated proposed large-scale use of septic tanks, allow ing horses and loss of the rural atmosphere of the area. He furliher indicated he had no desir to allot a portion of his land in order to meet the street requirements for the project. He concluded by expressing concern about the perc test holes and the potential danger to children rnNCILME I esLl B CITY OF CARLSBAD c%xM",iLMEI 1 -5- Mr. Frank Faehr, 4982 Via Marta, Carlsbad, addressed Council. He expressed concern about the proposed.septic system and traffic problem. Mr. John Berkoski, 5005 El Camino Real, Carlsbad addressed Council. Mr. Berkoski displayed pictures of the holes left as a result of the perc tests, and expressed concern about the danger of same. Mr. Robert Sroufe, 4535 El Camino Real, Carlsbad addressed Council. Mr. Sroufe expressed concer about the proposed septic tank system and questioned the results of the perc tests. Since no one else wished to be heard, Mayor Frazee closed the public hearing at 8:46 P.M. Council discussed County requirements for perc tests, the proposed access on El Camino Real and which property would be used for building the road. In addition, Council questioned the possibility of the septic system affecting the, wildlife and whether an Environmental Impact Report would be required. 11. AGENDA BILL #5340 - TENTATIVE SUBDIVISION MAP - CT 77-17 - CONVERSION OF APARTMENT TO . CONDOMINIUMS - HAL POLLARD. Mayor Frazee stated a request had been received from the applicant requesting a continuance of this matter to the next meeting. 12. AGENDA BILL #5341 - ENVIRONMENTAL IMPACT REPORT AND PREANN-EXATIONAL ZONING - TOOTSIE K RANCH - ROBERT SONNEBORN (AGENT). Mr. Mike Zander of the Planning Department, gave the staff report on the matter with the aid of a transparency showing the location of the property. He stated the applicant had requested the zone be changed to L-C rather than R-A-1 at the Planning Commission meeting. Mr. Zander then briefly outlined the concerns contained in the Environmental Impact Report. He stated that most of the property is suitable for agriculture, but not considered prime agri- culture 1 and. Mr. Zander displayed a transparency showing the property location and surrounding areas; one of which is the Dawson Los Monos Canyon Reserve which contains, in addition to the wildlife, three solar wind antenna. He indicated an addi- tional item of concern may be the question of growth inducement. ;: a. WNCELMEI be appropriate for the area. Council questioned how much of the 186 acres is suitable for farming. The Mayor then declared the public hearing open and asked if anyone.wished to speak on the addressed Council. In response to Council's question, he stated that 80 acres is usable for agriculture. In addition, he responded' that everything is growth inducing. Mrs. Russell Grosse, 5850 Sunny Creek Road, Carlsbad, addressed Council. She requested clarification of one acre minimum lots. Staff responde-d that this would not apply in that the zone under consideration was L-C. Since no one else wished to be heard, the Mayor closed the public hearing at 9:28 P.M. not been approached about the possibjlity of annexing, and it was not known at this point i,f LAFCO would approve the annexation without the inclusion of Mr. Kato's property. Ordinance of 1972 and the California Environmen- tal Quality Act. Planning Commission Resolution No. 1430. RECESS: Mayor Frazee called a recess at 9:35 P:M. and Council reconvened at 9:50 P.M. with a1 1 Counci 1 members present. DEPARTMENTAL AND CITY MANAGER REPORTS: [113] 13. AGENDA BILL #5322 - Supplement #1 - APPEAL OF PLANNING COMMISSION ACTION - ROSS WINTON. The following Resolution was adopted: DRIVE BETWEEN CHINQUAPIN AND ADAMS STREET. APPLICANT: ROSS WINTON, ET AL. *# - -- CITY OF CAWLSBAQ . .. . . .. CUUNCILMEI 1 - I) 0 -7- : 701 14. AGENDA BILL #5324 - SPECIAL USE PERMIT, RECREATIONAL PARK - SAN DIEGO COUNTY. The Planning Director gave the staff report, and responded to Council questions stating no ad- verse or favorable response had been received from cit.izens in the Rancho Carlsbad and Ponder0 sa area. Council discussed the matter briefly and ex- pressed concern relative to access to the pro- ject and parking. and parking. 1321 15. AGENDA BILL #5310 - Supplement #1 - AMEND- MENT OF ON SALE BEER LICENSE APPLICATION" 2972 STATE STREET. Mayor Frazee stated a request had been received from the applicant's attorney requesting a con- tinuance of the item; however, due to time restrictions, a continuance may not be feasible. It was the concensus of Council that the item be discussed at this time. The Redevelopment Coordinator, Jack Henthorn, gave the staff report. He referenced the applicant's original application and Council Is subsequent action of filing formal protest. He then stated the original applicat'ion had been amended to one of applying for a transfer, which invalidates all protests. Council recognized Mr. James H. Wellman, 2965 Roosevelt Street, Carlsbad, representing the applicant, Mr. Garcia. .Mr. Wellman stated Mr. Garcia is aware of the problems in that area and as owner/operator as oppossed to lessor, would be able to deal effectively with those problems. Mr. Wellman distributed to Council a copy of a Memo from Mr. Ron K. Burwell, Investigator, Alcoholic Beverage Control , which briefly gives the applicant's licensing history and states there is no record of disciplinary action Mr. Wellman then read and distributed to Council a'copy of a petition signed by approximately 75 individuals in support of Mr. Garcia's application. Mr. Wellman concluded his presentation by ex- plaining the personal reasons Mr. Garcia wished to obtain the license and open the business. Council discussed the matter briefly indicating the reaso.ns for the protest were! still in exis- i tence. In addition, it appeared that the sig- natures on the petit%on were not representative of the business climate in that area. I I i CBTY OF CA -8- Februar 21 1978 .. Council authorized the Mayor and staff to pro- test the transfer of the alcoholic beverage license, and.directed sta'ff to represent the City before the Alcoholic Beverage Commission. I Council stated the action taken was not a re- flection on Mr. and Mrs. Garcia. B 1771 16. AGENDA BILL #5342 - LOCAL COASTAL PROGRAM (LCP) ISSUE IDENTIFICATION AND WORK PROGRAM. The Planning Director gave the staff report stating Mr. Tom Hageman of the Planning Depart- ment was present to respond to any specific questions of Council. Mr. Hageman in response to Council questions, outlined the method utilized in preparation of the Local Coastal Program Issue Identification and Work Program, and purpose of same. I Mayor Frazee indicated citizens had requested the opportunity to speak on the matter, and they would be heard. from at this time. Council recognized Mr. George Flanders, 2168 Chestnut, Carlsbad. Mr. Flanders referenced the exclusion of Industrial and Energy Development. He indicated there is considerable industrial work and expressed the feeling that it should ,:be included in the Issue Identification. In addition, he felt energy development should be addressed due to offshore tankers loading and unloading. He referenced Page 26, Items 3 and 4, and'expressed the feeling' that they should be spelled out more clearly including such information as who would be on the committe when they would meet and their actual purpose. Council recog.nized Mr. Mike Dudley, Supervisor of Land Planning for San Diego Gas & Electric Company. He stated it was his feeling that the Coastal Commission had no control over air and water quality and.that the Agua Hedionda Speci- fic Plan had addressed those issues. B Following brief discussion, Council authorized forwarding the Issue Identification and Wo.rk Program to the Regional Commission staff in compliance with the provisions of the Coastal Act. [93] 17. AGENDA BILL #5343 - REQUEST FOR EXCEPTION TO FIRST PHASE SEWER ALLOCATION. The Planning Director gave the staff report on the matter. Council recognized Mr. Joseph Guagliardo, 5461 Los Robles Drive, Carlsbad, representing Mr. Carmen Marinella. He outlined the history of the matter since the purchase of the property 01 Ocean Street by Mr. Marinella. i ! I n 1 5 e I $ i !, W$\y.fk.&=F - ~. .. . . . ... CITY OF CAWLS " - GBBfNCt&MEi - 8 b -9- February 21, 1978 1 He indicated Mr.. 'Marinello had been misinformed and discouraged by City staff. Therefore he had not proceeded with any attempt for develop- ing his property and upon availability of sewer via the First Phase Sewer Allocation System, had not been eligible to apply. Following brief discussion, Council denied the request for exception to the First Phase Sewer Allocation. 1701 18. AGENDA BILL #5326 - TENNIS COURT LIGHTING - JOINT CITY/SCHOOL DISTRICT PROJECT. The Public Works Administrator gave the staff report on the matter. He explained the advantage to approving this portion of the work at this time rather than at a later time which would necessitate tearing up portions of the concrete to accomplish the work. Council questioned the cost involved in lighting the tennis courts in view of concerns about energy conservatjon.. Also discussed was the possibility of installing coin-operated lights. Council requested they be furnished with infor- mation relative to the cost of operating such lights. .:.Council concurred with the concept of providing night lighting on the School District's tennis courts, and instructed staff to work with the School District in effecting a change order to the School District's construction c'ontract and authorized the expenditure of $5,100 from Account #01-145-6930.. I Staff indicated there was no agreement with the School District to insure the City's use of the tennis cour'ts. It was the concensus of Council that staff arrange for a suitable agreement with the School District for j0in.t use of the tennis courts, Council concurred that Item No. 25 would be taken out of order and discussed at this time. I 781 25. AGENDA BILL #5347 - ABATEMENT OF VEHICLES ON PRIVATE PROPERTY THAT HAVE BEEN DECLARED TO BE A NUISANCE. 1 Mr. Frank Mannen, Administrative Assistant, gave a brief staff report referencing the section of the Carlsbad Municipal Code which applies to abatement of vehicles. I Mr. Mannen then introduced Officer Ward, Vehiclc Abatement Officer, California Highway Patrol. He outlined the procedures followed in this abatement. Council recognized Mr. Phil Merrick, 1331 Knowlc Avenue, Carlsbad. Mr. Merrick stated th'e vehicles were no longer in public view in that he had constructed a fence. He stated he was ir Council the problem would not recur. I I E ; the process of restoring the vehicles and assurc I I 'i 56 '1 f 26 ! i I ! i [ ? ; ! ! i $ c !F 11 e k 5 i t f I 6 f t f ; t . '% CITY OF CARLS WdNCOLME ssls I) D - 10 - February 21, 1978 Council discussed the matter 'briefly and ques- tioned whether staff had observed the residence recently. Council continued the matter and requested further staff report. E971 19. AGENDA BILL #5327 - INTERSECTION ALIGHMENT OF RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD. This item was continued to the meeting of February 28, 1978. 193 I 20. AGENDA BILL #5308 - Supplement #1 - SEPTIC TANK SYSTEMS AS ALTERNATE METHOD OF SEWAGE DISPOSAL. 193 I 20. AGENDA BILL #5308 - Supplement #1 - SEPTIC TANK SYSTEMS AS ALTERNATE METHOD OF SEWAGE DISPOSAL. This item was taken out of order and discussed following Item No. 9 on the Agenda. E931 21. AGENDA BILL #5345 - SEWER THROUGH PRIVATE EASEMENT - 2172 CHESTNUT AVENUE. - Council authorized connection of the existing residence to the Chestnut Avenue sewer through a private easement; and directed the City Manager to enter into an agreement with Mr. and Mrs. Shafer regarding future costs of construct ing a public sewer to serve the residence. [26] .,c-22. AGENDA BILL #5346 - SAN MARCOS COUNTY WATE DISTRICT ASSESSMENT DISTRICT 76-3 (QUESTHAVEN). The City Engineer gave a brief staff report on the matter, and in response to Council question indicated the only area to be assessed would be the La Costa land holdings. Following brief discussion, Council continued the matter until such time as Council. has read the Environmental Impact Report. ADDITIONAL BUSINESS: 1941 Councilman Skotnicki and Councilman Packard were appointed as a committee to meet with the 'City of Oceanside representatives to discuss the May Company Shopping Center arrangements. ADJOURNMENT: By proper motion, the meeting was adjourned at 11:54 P.M. to Tuesday, February 28, 1978, at 5:OO P.M. in the Council Chambers, to complete the items on the Agenda. Respectfully submitted, .vpg~~~~ MARGAR E. ADAMS, City Clerk Lee Ra enkranz, Recording Secretary I P 1 I Y