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HomeMy WebLinkAbout1972-06-07; City Council; Minutes4 CITY OF CARLSBAD CBUNCILME Date of Meeting: June 7, 1972 Place of Meeting: Council Chambers 0 Time of Meeting: ' 7:OO P.M. 1- *': ROLL CALL: (Councilman McComas arrived at 7:50 P.M.) INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: (a) Minutes of 1972, were approved as corrected. (b) -Minutes of the adjourned meeting held May 24, 1972 , were approved as presented. COUNCIL 'COMMITTEE REPORTS: E371 Council Committee Reports were given and no action taken. HOUSING AUTHORITY: [lo51 The City Council adjourned to the Housing Authori ty at 7:09 P.M. and reconvened to the Council Meeting at 7:14 P.M., with four (4) Councilmen present. PUBLIC HEARINGS: Mayor Dunne declared the Public Hearings open at 7:30 P.M. 1251 (a) Agenda Bill fi'545. - Supplement iy2. To consider the annexation of certain territory known as "East Carlsbad Annexation No. 2.12" commonly known as "La Costa" to the City of Carlsbad. The' City Clerk presented the Affidavit of Publication and reported .no .correspondence had been .recei'ved. A motion was made that the Affidavit of Publication be accepted and ordered filed. proceedings but felt this was not enough. Mr. Kelly made reference to a report prepared by Bob Small, San Diego County Administrator, Environmental Development Agency, as to the econcomic future of La Costa. A-lso No one else wished to be heard and the Mayor declared the Counci 1. 0 07-xa I CITY OF -2- CARLSBAD COUNCILME further reading waived. OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING A SPECIAL TO THE CITY'OF CARLSBAD. [1131 (b) Agenda Sill #760. To consider a request for zone .change from R-1 and R-T to P-C (Planned Community) Zone and adoption of a Specific Plan on property locate south of Chinquapin, north of 1-5, to be known as .Fapa.gayo Development. Appl-icant: Hunts Partnership. Councilman Chase announced his abstention from discus- sion and voting due to his ownership of adjoining property. representing the applicant, requested the public hear- McComas was expected to arrive about 9:00 P.M. He further requested the matter continued to the next regular meeting if Councilman McComas did not appear at this meeting due to the fact that there were only three Councilmen eligible to vote on this matter. Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, Attorney representing 33 property owners in the area in opposi- tion to the development, opposed the request for continuance. Councilman McComas arrived at 7:50 P.M. and the Mayor announced the Public Hearing would proceed, following a two minute recess. The meeting was reconv'ened and the City Clerk presented the Affidavit of Publication. A motion was made that the Affidavit of Publication be accepted an.d ordered filed. The Clerk announced correspondence had been received from the following persons appealing the de- cision of the Planning Commission: l) Letter dated May 10, 1972 signed by Kenneth P. Meyer, 4045 Harbor Dr., Eileen V. Howard, 4075 Harbor Dr., Robqrt G. Crabtree, 4070 Harbor Dr., and Harry L. Truax, 4025 Harbor Drive stating objections due to increase in May 31, 1972. 4) Mr. and Mrs. Elwood E. Trask, 501 Chinquapin, dated May 30, 1972; 5) Herbert R. Melchio 9154 Madison Ave., La Mesa, Ass't. Professor of Biolog indicating ecological impact not detrimental, dated June 5, 1972. .. CI'TY 0 F - 3 - CARLSBAD COUNCILME as automobiles are concerned, and will be maintained by the residents of Papagayo. is necessary. The lagoon is privately owned. A meet- of his staff who were available to answer questions. Also, speaking in favor of the proposed development were: Gladys Vance, 864 Chinquapin Ave., Mrs. B. M. Christensen, 2479 Ocean St., Mr. George Draper, Presi- dent of the Carlsbad Board of Realtors, and Mr. W. G. 1 in opposition to any development in conflict with the' 1 wishes of surrounding property owners. Mr. Robert Baumgarten, representing San Diego Gas & Electric CO., confirmed the statement by Mr. Hunts that a discussion had beem held with the Vice-president and the General Manager of S.D.G. & E. regarding-dredging , I be held pending Council approval of the proposed de- velopment. Mr. Harvey Peterson, Attorney for the applicant, .also was heard by the Council with regard to access. consent of the Council. further reading waived. e - cirv OF CARLSBAD CQUNCILME: -4- .* The following Ordinances were introduced by title only with further reading waived, and passed to a second reading 'June 20, 1972. Ordinance No. 9312. AN ORDINANCE OF THE CITY OF CARLS- BAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE, ON PROPERTY LOCATED ON THE EASTERLY SIDE OF Parisi. The City Clerk presented the Affidavit of Publication and reported no correspondence had been received. A motion was made that the Affidavit of Publication be accepted and ordered filed. Mr. Donald, Schoell , AIA, Schoell , Geritz, Paul and Allard, Ine. 3230 5th St. San Diego, addressed the Council on behalf of the applicant and presented a rendering of the proposed facility. The Mayor declared the Pu.b-lic Hearing closed, with the unanimous consent of the Council. Discussion was held by the Council with regard to the circulation pattern relative to the proposed facility, and the City Engineer indicated it was his feeling that this would present no major problem at this time.. The following Resolution was offered for adoption by title only and further reading waived. Resolution No: 2024. A RESOLUTION OF THE CITY COUNCIL .. INTERSTATE-5 AND ELM AVENUE. Discussion was. held with regard to proposed Ordinance No. 9313, Sections 4 and 5.. .It was'agreed that certain wording be added to Section 4 and the second paragraph of Section 5, be deleted. The following Ordinances were ,introduced for a first reading by title only and further reading waived, passed to a second reading June 20, 1972. Ordinance No. 9313. AN ORDINANCE OF THE CITY CO'UNCIL OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN FOR (1) MOTEL, ON PROPERTY LOCATED ON THE NORTHWEST QUADRAN OF INTERSTATE-5 AND ELM AVENUE, subject to the inclusio of words in 'Section 4, to read: Itor bond in lieu of ,improvements", and the deletion of Paragraph 2 of S.ecti on 5. FREEWAY-ORIENTED COMMERCIAL FACILITIES, INCLUDING ONE .. 7.. i a. CITY OF -,-CARkSBAD COUNCIL44E Ordinance No. 9314. AN ORDINANCE OF THE CITY OF CARLS- [991 (d) Agenda Bill #763. To consider the reversion of acreage of a portion of La Costa Downs Unit No. 1 in connection with final map of Carlsbad Tract 72-2.1 of Alta !lira Subdivision. (Financial Scene) Journal and once in the Blade Tribune, and reported no Mr. Russ Richards, representative for Financial Scene, explained the background of the property and informed the Council the reason for this request was to revert the property back to,acreage and cancel the old sub- division of record that was never developed. No one else wished to be heard and the Mayor declared the Public Hearing closed with the unanimous consent of the Council. Discussion was held and.a motion was made to approve the Final Map of Carlsbad Tract #72.2.7, subject to the conditions of the tentative map, and to accept the dedication of the public streets, drainage easement and s.anitary .sew,er system and autharization was given the Mayor to execute a Subdivision Improvement Agreemen on behalf of the City;"further, approval was given the Map of Reversion to Acreage of a portion of La Costa DEPARTMEN.TAL REPORTS: PENALTIES F3R THE VIOLATION THEREOF: AND REPEALING ORDINANCE NO. 8030 AND ALL ORDINANCES AMENDATORY-THERE- - .. 1) CITY OF -6- CARLSBAD F June 7, 1972 r- * I -. I :; B. Engineering and Public Works. 1 c991 *l. Agenda Bill #636. - Supplement #l. Approval of Final Map for Carlsbad Tract 71-7, Bristol .I Anchorage Development - Developer: Difcon, Inc. The City Engineer informed the Council due to unavoida- ble circumstances, the requirements set by the City for fees and signature have not been fulfilled by the de- veloper, however, the final map is in conformance with the tentative map and satisfies the requirements of . the State Map Act. Approval was given the Final Map for Carlsbad Tract #71-7, Difccn, Inc., subject to the conditions of the Tentative Map and subject to the submittal of all of the doc.umer.t,s , .signatures and -fees required by the City of Carlsbad. .) ~1071 "2. Agenda Bill fi764. Grant of right-of-way easement by City of CarTsbad to San Diego Gas & Electr Co. located at the Buena Vista Pump Station Site, on Buena Vista Way. Authorization was given the Mayor and City Clerk to execute a Right-of-way Easement Agreement with San Diego Gas & Electric Co. for utility purposes, on behalf of the City of Carlsbad. The City Engineer was instructed to change the name of the pump site to eliminate confusion with1 another site i C931 "3. Agenda Bill P765. Recommended change to commercial sewer service rates and concurrent change to method of promulgating all sewer service rates. Fol lowtng an explanation by the City Engineer and a brief discussion by the Council, a motion was made that the mat%er be deferred to the next regul.ar meeting and the City Engineer was instructed to notify all business where water is one of the primary commodities and who would be affected by the rate change. Also that the Resolution be changed in Section 1, sub-section 2, to read: Tille - "commercial and industrial" and the addi tion'in em 'IC'' of the words "or commercial enterprisc I I *Indicates matters discussed prior to the Public Hear- ings and prior to the arrival of Councilman McComas. I . C. Parks and Recreation. c 321 1. Agenda Bill #741. - Supplement #l. Option to purchase tour (4) surplus Freeway parcel's of 1 and. Councilman McComas reported it was his understanding from Sacrarnento.that a directive would be issued the local Division of Highways to negotiate with the City regarding the four surplus freeway parcels, at terms designated $y the City. Lengthy discussion ensued and acknowledgement wa,s give a request by Friends of the Library for a place to store books for the annual book fair, in connection with a garage located on one of the four parcels, Mrs Nancy Recci and Mrs. Ida Westree indicated that a permanent place for storage of the books must be found but the garage could possibly assist them as a tempora solution, if the City purchased the. property. .. n Y CQUNCt LM E a qrp' \;!; % rc: 0 ,o y;;,< +-J 128 b\\ pity tJ#t, I , I Motion I Ayes Absent . xx x n u I Motion Ayes Absent xx X es Motion i Ayes X Absent xx - S. Y i 8 - 0 CITY OF CARLSE3AD -7- a June 7, 1972 COUNCILME' yT(?: 5.0 c-\a . &?X HZ' a'? "y cf.'" 129 5,. \ d '7 The City Manager indicated a meeting would be held June 9, 1972, with a representative of the State Divi- sion of .highways to negotiate on the four parcels. as Parce'l "C". D. - Purchasing. 1. Aaencia Bill 8766. Avendment to Council 9- ORDINANCES FOR ADOPTION: (a) Agenda Bill 8767. The following Ordinances were adopted after reading of the title only and fur- ther reading waived. c1023 1. Ordinance No. 3090. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ESTABLISHING TRUCK ROUTES, REPEALING AND AMENDING ORDINANCE NO. PROPERTY LOCATED EAST OF INTERSTATE-5, SOUTH OF PALO- MAR AIRPGRT ROAD AND NORTHERLY OF POINSETTIA LANE. (Financial Scene) c1731 3. Ordinance No. 9309. AN ORDINANCE OF THE CITY OF CARLSBAD RECLASSIFYING CERTAIN PROPERTY FROM R-1-10,000 AND M TO P-C (Planned Community) AMENDING 171 1 4. Ordinance No. 9310. AN ORDINANCE OF 10- .ORDINANCES FOR INTRODUCTION: NATED "EAST CARLSBAD ANNEXATION NO. 2.11". (Carrillo Ranch). b v 0 CITY OF CARLSBAD -8- June 7, 1972 13hb 117; CONSENT CALENDAR: Th'e following i terns were approved by one motion affirmifig the actions on the Consent Calendar: The) following Advisory Communications were .order e.d filed: A. Agenda Bill #769. Communications Advisory. C1041 1. Memorandum dated May 25, 1972, to Mayor Dunne from the City Manager Jack Arnold regarding 0ceanside.Transit Grant application. ilunne from City Manager Jack Arnold, regarding Senate Bill #325 - Gasoline Sales T.ax. E621 2. Memorandum dated May 23, 1972 , to Mayor [371 3. Letter dated May 7, 1972, addressed to Mayor Dunne from Susie Lange, stating her thanks and appreciation for allowing her to share a while at City Hal 1. The following Communication was referred as indicated: B. Agenda Fill #770. Communications Referral. E1031 1. To Traffic Safety Commission, letter dated May 27, 1972, from G. L. Southwell regarding traffic conditfcns at the intersection of Roosevelt and Laguna Dr.,¶ with attached reply from Mayor Dunne. The following Resolutions were adopted after the reading of the Resolutions was waived by unanimous con sent of the Council. C. Agenda Bill .#771. Resolutions - for adoptio E621 2. Resolution No. 2027, supporting Senate Bill 860, re: "California Coastal Resources Act of 197 c201 4. Resolution #2029, setting 'the date for public hearing - re: public nuisance alleged to exist at 2715 Roosevelt St., in the City of Carlsbad. The following budget amendment was approved. [291 D. Agenda Bill #772. Budget Amend.ment. The staff indicated an increase in amount requested fo.r transfer from $580.00 to $609.00, and approval was given by Council. 7. Approval of transfer of $609.00 from Account #1-120-9.1 (Equipment) for purchase of four (4) plectrons for new Firemen. ITEMS REMOVED FROM THE CONSENT CALENDAR: Agenda Si 71 #771. Item 'IC" [621 1. Resolution NO. ,2026, urging defeat of. Assembly. Bill #2370 - re: immunity to cities from 1 i abil i ty for their nuisances. L-201 3. .Resolution No. 2028, setting the da'te 1 for public hearing - re: public nuisance alledged to ~ exist at 1371 Poinsettia, .in the City of Carlsbad- 1 COUNCILA4E , .1 ., . , I. ,. ,. . . I i . CITY OF CARLSBAD >. COUNCILME .I . ' -9- Mr. Peter Mol, 4464 Adams, Carlsbad, addressed the He stated the Police Department is handicapped with regard to noise complaints because they do not have a tool with which to work. He suggested an Ordinance must be passed and a decibal meter purchased in order to assist the Police Department in enforcing the con- trol of noise. Mr. John McGill, 4340 Highland Ave. informed the Council he was in agreement with Mr. Mol. Mr. Frank Xavier, owner of Carlsbad Boat Landing in- formed the Co-nci 1 of the manner in which he controls noise from boats that launch at his landing. Also heard was Captain Rash, 4156 Highland, who. re1 ayed to the Council, his problem with motorcycles. Hedionda Lagoon. relative to boats and adopted by the Council on Janu- ary 4, 1972, were in conflict with the Navigation an.d Ocean Development Code.' Discussion was.held by the Council and.it was pointed out some time ago a Proposed Nuisance Ordinance was A motion was made that the City Council indicate thei requested to consider persons who could.serve on such a committee for appointment at the June 20th meeting, and the City Manager was instructed to locate the pro posed Nuisance Ordinance which was referred to Plann- ing Commission some months ago. Further, the City, 'Attorney was requested to notify the Chairman of the Agua Hedionda Lagoon Committee as soon as he is City Manager requesting all mail addressed to the City Council be directed-to the Manager's Office .. .- . ,. CITY OF CARLSBAD COUNCILME I) - 0 4- -1 0- asiCorrespondence-Advisory indicating the action taken There was no objection by members of the Council. 2. City Manager. None [451 4. Aqreement between the City of Carlsbad and the A.T. & S.F. Railway Co. for Counci 1 action. The Mayor was authorized to execute an Agreement with the A.T. & S.F. Railroad to pernit the City and its a sewer line. 14. RATIFICATION OF BILLS AND PAYROLL: 15. ADJOURNMENT: Respectfully submitted,