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Ni nutes of: CITY COUNCIL (Regular Meeting) Date of ileeting: September 5, 1972 Time of Meeting:. 7:oo ?.!4. Place of ;leeting: Counci 1 Chambers
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1- ROLL CALL :
2- INVOCATION vas offered by Councilman Frazee.
3- PLEDGE OF ALLEGIANCE:
4- APPROVAL OF MIIfUTES: -
(a) Minutes of the Regular Meeting held August 15, 1972, were approved as presented.
(b) Minutes of the Adjourned Meeting held August 23, 1972, were approved as presented.
(c) Minutes of the Adjour.ned Meeting held August 23, 1972, were approved as presented.
5- COUFICIL COMMITTEE .- REPORTS:
[68] (a) C.P.O. Councilman Frazee informed the Council discussion on the adoption of the interim air- port stl;dy and adoption of budget for Independent Staff of C.P.O. for coming fiscal year will be held at'their meeting September 11, 1972. Further, he ,requested Councilman Chase attend the meeting and explained he would be on vacation at that time.
[701 (b) Freeway Parcels. Councilman BlcComas report ed on a meeting he and the Assistant to the City. Manage attended with Mr. Greek from th'e State Division of Highways. He explained under Assembly Bill, itf465, pass- ed August 28,' 1969, the City has the right to obtain those parcels without bid for the sum of $100.00 &.r year per parcel for a period of 50 years, with the' f stipulation that it must be utilized for park purposes .only. During that"time, the City also has the option
of purchasing the property. Councilman iJlcComas recom- mended the Council contract to accept the lease for three freeway parcels and exclude the fourth parcel located on the Northeast corner of Pi0 Pic0 and Oak.
A motion was made that the Staff be authorized to exe- cute the Contract for Lease of the three freeway par- cels for the period of 50 years at $100.00 per parcel per year.
Councilman Lewis stated his .vote was based on his fe.el. ing that the City should include the fourth parcel located on the corner of Pi0 Pic0 and Oak, as re,commenc ed by the Parks and Recreation Commission.
Other Council Committee Reports were given but no action taken.
6- HOUSING AUTHORITY:
[lQS,] The City Council adjourned to the Housing Author ty at 7:25 P.M. and reconvened to the Council Meeting at 7:30 P.M. with four (4) Councilmen present.
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Sezember .5*, 1972
7. PUBLIC HEARIEGS:
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The Mayor declared the Public Hearings open at
7:30 P.M.
[99] (a) Agenda Bill #831. (cont. from 8-15-72) '_ Request for approval of Specific Plan and Tentative Map .on pro~erty easterly of El Camino Real and southerly of Marron Road extension. Applicant: Larwin, Inc.
Mr. Darrell Dalton, 6150 Mission Gorge Road, San Diego, spoke before the Council and stipulated Larwin, Inc. is in agreement with the Planning Department's Staff Rep.ort and Planning Commission Resolution No. 813 but would like the Council to consider Item f29 of the Resolution regarding the dedication of streets and alleys within -the development, which he stated in most cases, are accepted as'public streets and alleys. He
stated that shou'ld the Council uphold the decision of the Planning Commi.ssion with regard to Item #29, Larwil .Inc. will abide by that, decision but they would like tl matter considered. Further, he stated that dedication of streets and alleys within a development .is in the best interest of the City and would .allow better pro- vision of Fire- and Police Services.
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Mr ... Nick Banche, 3464 Ridgecrest, Carlsbad; represent- ing ,Drs. Avedian, Connors and Monahan, adjacent proper- ty- owners, spoke in opposition to approval of the development, since the alignment of Elm Avenue faad not yet been-resolved.
.- Mr. Tim Flanagan, Principal Civil Engineer 'for the Cit: informed the Council he attended a meeting between the Developer and the property owners affected by the pro- posed-development and a1ignrnent'o.f Elm Avenue and no .,agreement had beew'reached. Further, he stated he did .not Feel and agreement could be reached since few of those present could agree on one prpposal for the aligt ment of Elm Avenue.
Following discussion by. the Council, a motion'was made that the matter be continued to the next regular rneet- ing and the matter of the alignment of Elm Avenue be referred to the Planning Commission for discussion and recommendations prior to the ne.xt regular Council Meeting. I
[113] (b) 'Agenda Bill #.856. To consider request for change of zone from R-1 to RD-i4 (Residential Density- Multiple) and adoption of a Specific Plan on property west of Carlsbad Boulevard and southerly of Palomar Airport Road. Applicant: Pacific View Development.
The -City Clerk presented the Affadavi.t of Publication and reported correspondence had been received from Mr. Howard W. Klecker, 5500 El Arbol Dr., Mr.and Mrs. Flemrning Lindberg, 5100 Los Robles Dr., Mr. and Hrs.
~ W. J. Hamming, 6496 Friendly Place, Mr. and Urs* R.A.
I Rau, 5325 El Arbol Dr., Mr. and Mrs. James P. Moore, 1 5149 El Arbol Dr., and read letters received late. in the -afternoon from Mr. and Mrs. John E. Cassell, 5490 El Arbol Dr. and Mrs. and Mrs. Arthur A. Brown, 5157 Shore Drive. A motion was made that the Affadavit of Publication be accepted and ordered filed.
The Associate Planner explained plans and location of the proposed development anf referred to three render-
ings which were displayed for review. The City Enginee informed the Council a Traffic Analysis had been made and no problems were anticipated.
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Mr. John J. Mamaux, 1393 Basswood Ave.,'representing the Developer, was heard by the Council and stated the Developer concurred with all conditions contained in thk staff report and Planning Commission Resolution.
Mr. Dan Nagal, 2210 Avenida de la Playa, La Jolla, Architect for the Developer, presented a number of "slides'and sketches of the proposed development, ex- plaining .the architectural structure of the development.
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Mr. rd. P. Piaurer, 5305 Carlsbad Boulevard, spoke in
favor of the proposed development.
Tho'se speaking i.n opposition fo the proposed develop- ment were: John Gray, 5451 Los Robles; Mr. Elmer Miller, 5300 Carlsbad Blvd. , yepresenting himself and his daughter; Mr. Gus Scurlock, 5370 Carlsbad Blvd.; Mr. Gary Hollander, 5400 Carlsbad Blvd, who presented a petition in opposition signed by 140 voters and pro- perty owners affected by the ijroposed development; Mr. Hassan, 5262 Carlsbad Blvd. ; Mr. Bony Kasday, 5061 Shore Drive; Mr. Carl Noyes, 5140 El Arbol.:.Drive, Vice-president of the Terramar Association; and Mr. Harry Price, 5040 Tierra del Oro, citing the fol lowing reasons: 1) They did not want a building.rising a maximum of 75' above Grade Level .. 2) They',fel t a de- velopment such as the one proposed would obstruct the the view along the City's Scenic Drive (Carlsbad Blvd.) 3) RD-M Zone, according to the Carlsbad Municipal Code doesnot allow for a cocktail an.d restaurant and .there- fore, is in violation of the zoning ordinance. 4) The traffic on Carlsbad Boulevard is already a traffic hazard and the proposed development would create a g'reater hazard. 5) The residents of the Terramar are; would .prefer the possible altern.ative use of the pro- perty, which would.be the extension of South Carlsbad 'State Beach.
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Mr. Mamaux stated if the RD-M Zone does not al'low for a cocktail and restaurant, they would agree to-with- draw that portion of their plans from the application if the Council so stipulates.
Lengthy discussion was held by the Council covering the subjects of the cocktail and restaurant, the lo- cation of the swimming pool and the possibility for the need to con'struct a protective wall along the beachfront f.or the protection of the development and the volume of iraffic on Carlsbad Boulevard. It was agreed by the Council that should approval be given. the p.roposed development, Carlsbad Boulevard would not be closed during construction. I The.fo1lowing Resolution was offered for adoption by title only with further reading waived:
'. I Resolution No. 2071. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDIUGS AND DECISI REGARDING CHANGE OF .ZONE FROM R-1 TO RD-M (Residential Densi t.y-Mu1 ti pl e) ZONE ON PROPERTY WEST 3F CARLSBAD GOULEVARD AiJD SOUTI1 OF PALOilAR AIRPORT ROAD. i
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The first reading of Ordinance 140. 9328 was deferred and a motion was made that the Specific Plan be referre Motion back to. the Planning Commission for their consideration with the instruction that any reference to the incorpor tion of cocktail lounge and restaurant be deleted since it does not comply with the RD-PI Zoning Ordinance. .
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foTlowing Ordinance was given a first reading by title on1.y with further reading waived:
Ordinance No. 9329. AN 0RDINA;'dCE OF THE CITY OF. CARLS
BAD AMENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE 0
Z0N.E OM PROPERTY LOCATED WEST OF CARLSBAD BOULEVARD Ai4D . ZONE FROM R-1 TO RD-I.1 (Residential Density-Multiple)
yor called for a recess at 9:45 P.M. and'
[113] (c) Agenda' Gill f857. To consider an appeal of the Planr?ing CommTssion denial on a requested zone. change from R-1-10,000 to City F]-C (Planned. Community) zoning and adoption of a Master Plan- on 853 acres sout
nd northerly of Palomar Airport Road and two (2) st of El Camino Real. Appellant: .Carrill0 Rancho Partnership.
The Associate Planner explained the Planning Commissio t reasons for-denial and referred to maps which were dis layed to clte the location of the property. Further, Re stated the proposal as it is now being resentgd assures adequate provision for servi.ces. Tie abpl-icant , equesting the General -Plan Be revised to allow an. ease in density from to 5.8 units per acre.
Mr. Byron White, Attorney and Mr. Gene Kresenski , Rick Engineering, representing the developer made a lengthy presentation to the Council. Mr.. Mhite elaborated on 'the details o'f the'Carri1l.o Ranch referring to sewer, watef, lighting facilit-ies, the school districts in- volved; Richmar and Carlsbad; the available roads al- ready constructed within the Ranch and police and fire services which will be .able to service the Ranch due
to the close proximity to Rancho La Costa, which at this time already has a small fire station. He-furthe ained the development plans which are proposed to oped in increments from 1973 to 1990, and stat the Ranch Mouse will be donated to the City as a Hist cal Site to comply with the Ordinance on Park rkquire- ments. Mr. .Kresenski presented slides of the proper.ty and the Ranch. House. In conclusion, Mr. White stated should the Council decide to decrease the number of- units to 4,584, rather than grant the requested 4,995 units which is over the density allowed, the Developer would be agreeable to this.
Mrs.' Mary Casler, 3843 Hig'hland Dr. spoke in oppositi to the proposed development statitig that the General Plan has not been revised and therefore no rezoning . should take place; the landing approach to Palomar Air port lies directly o,ver the property and studies have shown that no residential development should exis,t for
within a mile of either side of the landing approach to the runway. Further, she stated it was her feeling that rezoning of this property at this time was pre-
The Vice-Mayor declared the Public Hearing closed with the unanimous consent of the Council.
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He further stated the staff needs the authority for the issuance of Encroachment Permits and 'licenses, for those persons desiring to build community antenna sySt€
Discussion was held by the Council and further explana- tion given by Mr. Roberts and Mr. Pieti. Discussion., also' ensued regarding whether or not the adoption of tnis policy woulg have an affect on the present 8gree- ment the City has with La Costa. It was felt that it ~ould not since the Agreement with La Costa was made due to an already existing system which has been servil the residents of La Costa for several years.
The.City Clerk stated it appeared as though Items 7 an! 9 of. the proposed Council Policy were in. conflict with one another.
The City Attorney stated if t6e Council is in agreemen with the two Agenda Bills, the documents required to be prepared by him would be an Agreement with Carlsbad Cable Television and also an Ordinance authorizing the
staff to collect fees and issues permits.
In answer 'to a question by the Counc..il, Mr.' RUSS Rich$ representing Financial Scene (Alta Mira) stated that delay of a decision on this matter would be detriments since construction in the.development is at the point where installation of the antenna system can be in- stalled.
Agenda Bill $1872. - Council Policy - A motion LI~S made !.hat the Council adopt the proposed interim,Council policy On COmmunit'y !,ntenna Systems and Cablevision as submi-tted and that the staff be instructed to clari fy Items 7 and 9 8s to'the .person responsible for COlleCtiOn Of fees and permits, and that an additional ..procedure. be added.-requiring that sufficient bond be Posted. Further, the City Attorney was directed to prepare an Ordinance to allow for the collection of fees and permits.
Agenda Bill $1860. - Community Antenna Televisi.on Syste A motion Was made that the C3t.v Attorney be instructed
to prepare a Agreement between the 'Cjty"o-f-Ci1:lSbad
a.nd Carisbad Cable Tefevision'to jns.tal1 distribution
facilities for thzt development known as Alta Mfra.
C. Purchasing.
C841 1. Agenda Bill #86l. Request for authori - zation to purchase two (2) 1/4-ton 2 wheel drive Jeep dispatcher .vehicles for Utilities Division of Public Works.
Qt was agreed by the Council this matter be deferred to the next regular meeting,
D. Water Committee.
c1101 1. Agenda Bill $1785 - continued. Chang.es to Title 14, Carlsbad Municipal Code, regarding Water 1 Charges.
Vice-Mayor McComas informed the Council MayoFDunne re quested this matter be deferred to the- Adjourned Counc Meeting to be held September 15, 1972 at 6:30 P.M. and it was unanimously agreed by the Council, this matter be discussed at that time.
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September .sa, 1972
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9- ORDINANCES FOR ADOPTION.:
.The following Ordinances were adopted after. read ing of the title only and further reading waived: t
[Z8] I (a) Agenda eill ii836. - Ordinance. No. 8062.
.ING AN *ADVISORY AND APPEALS BOARD.
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AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA CREAT-
[93] (b) Agenda Bill #765. - Supplement $1. Ordinance No. 7040. AN ORDINANCE OF THE CITY OF CARLS-
BAD AMENDING ORDINANCE NO. 7039, SECTION 13.12.020; ORDINANCE NO. 7029, SECTION 2 AFID C.4RLSBAD FIUNICIPAL CODE TITLE 13, CHAPTER 13.12, SECTION 13.12.020 RATES ENUMERATED-. (Sewer Service Charges)
[113] (c) Agen.da Bill $830. Ordinance No. 9322 AN ORDIF'P.?lCE OF THE CiTY OF CAR.LSBAD AOOPTING A MASTER
PLAN SUBJECT TO ANNEXATION OF PROPERTY TO THE CITY OF CARLSBAD, SAID PROPERTY BEING 2900 ACRES,'LOCATED EAST OF EL CAMINO REAL AND NORTHERLY OF OLIVENHAIN ROAD. (La Costa Land Development Co.)
Ordinance Yo-.; 3323. AN ORDIFIAXCE OF THE CITY OF CARLS- BAD AklEijiiING ORDINANCE ,?IO. 9060 RY GR.ANTING A PRE- ANNEXATIONAL CHANG OF ZONE FROM COUNTY ZONING A-1-8, A-3-8, AND L-C TO P-C {Planned Community) ZONE ON 2900 ACRES LOCATED EAST OF EL CAMINO REAL AND NORTHERLY OF OLIVENHAIN ROAD. (La Costa Land Development eo.)
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[99] (d) Agenda Bill 8832. Ordinance No. 9325. -
P,N ORDINANCE OF THE CITY OF CARLSRAD ADOPTING A SPECIFI I
PLAN FOR PHASE C OF "ALTA MIRA" ON PROPERTY LOCATED AT LOWDER LANE. (Financial Scene) -I
[48] (e) Agenda Rill #835. 0.rdinance No. 1147. 'AN ORDINANCE OF THE CITY C.OUNCIL OF THE CITY OF CARLSB CALIFORNIA, APPROVING THE ANNEXATION TO THE 'CITY OF CARLSBAD OF CERTAIN INHABITED TERRITORY DESIGNATED AS "EAST CARLSBAD ANNEXATION NO. 2.72" h!HICH IS CONTIGUO TO THE CITY, UPON THE TERMS CONTAINED IN THE QUESTION SUBMITTED AT A SPECIAL ELECTION HELD ON THE 8th DAY OF
AUGUST, 1372. (La Costa)
10- EXECUTIVE SESSION:
E391 Councilman Chase requested an Executive Session and'the Vice-Mayor talled for an Executive Session a.t
12:05 P,.M. for the purpose of discussing personnel. The Council reconvened at 12:25 A.M. and Vice-Mayor. McComas announced that the matter of personnel had bee
discussed and it was the decision of the Council to offer the position of City Attorney to Mr. Vincent F. Biondo Jr. pen.ding his acceptance.. Vice-Mayo.r.rk!ccoma further stated he would wr-ite.a letter to Mr. Blond0 informing him of the Council 's' action.
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11- CONSENT CALENDAR: I
The following i terns were approved by one m.otion affirming the actions on the Consent Calendar: I A. Agenda Bill #862. Communications Advisory. 1 The following Advisory Correspondence was order ed filed:
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1 6722 and Pol ice Departments. 1 1. Letter from' Glenn E. Johnson, commending, th
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[74] D, Agenda 6i 11 #865. Employees Disabil ity In- surance (1) Bid specifications. .(2) Bidders list. (3) Specimen Po'licy.
The bid from Standard Insurance Company was accepted with, two year guaranteed prenium.in the amount of $12,530.00 annually, and authorization given for ,an appropriation transfer from the General Fund to 1,nsura and Bonds Account #103.
[741 E. Agenda Bill $866 .' Employee Replacement.
Vacant position of Sanitation Maintenanceman.
Authorization was given for the replacement of the Sani tation Mafntenanceman due to the resignation of Mr. Richard Rush.
~zl?l?SOLUTIOi'4 OF THE CITY COUliCIL AI4ENDING CITY COUNCIL RESOLUTION NO. 2050 ADOPTING .SALARY PLAN FOR THE CITY FOR 1972-73, was adopted by title only with further reading waived. The provision of the Resolution was I Jhe deletion of Range 22 and inclusion of Range 26 cla fication Library Assistand, and.deletion of Range 8 and inclusion of Range.12 Library Clerk.
C741 G. Agenda Bill $868. Resolution No. 2078. A
F. Agenda Bill X867. Resolution No. 2077..
RESOLUTION OF THE CITY COUPlCIL OF THE CITY OF CARLSBAD AMENDING CITY COUNCIL RESOLUTION NO. 1727 ADOPTIUG PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF CARLSBAD, CALIFORNIA, was adopted by title only. and f.urther readi.ng waived. '
[45] H. Agenda Bill #869. Future Improvement Agree
.merit, Parcel Split #157, between City a'nd E. Lamont and Verna 0. Geissinger.
Authorizatiom wa's. given for the Mayor'and City C'ierk to execute a future agreement for street lights on the Geissinger property, 2370 Spruce Street, in conaection with Parcel Split #157.
~1101 I. Agenda Bill $870. \later Systems Improvement Contract #1000, Schedule 11, Change' .Order #S.(Telemetry
Approval was given Change Order #5 under Contract #lo00 Schedule 11, for the )later Systems Improvement.
[2$1 3. Agenda Bill #871. Highland Drive Sewer Assessment District, Change Order #1,
Approval was given Change Order #1, Contract #loll, for
Highland Drive Sewer Assessment District.
[45] 'K. Agenda Bill, $876. Agreement Leucadia, Encini.tas and Occidental Petro Enci na Water Pol 1 uti on Control Faci 1 i ty.
Authorization was given the Mayor to execute said ement on behalf of the City.
[40] M. Age-nda Bill #873. Rearrangement of Ci'ty Council Chambers, improved use of visual aids and City Bulletin Board.
Rearrangement of the City Council Chambers was approved and authorization given for the expenditure of funds for improved visual aids, City B-ulletin Board and labor for said work.
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L4&hT13,4 OF THE CITY couwL OF THE CITY OF CARLSBAD
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?.I. Ager,da Bill #877. Resolution No. 2079. A
COMMEND.'f?JG JACK E. JARD.INE, was adop.ted by title only with further reading waived.
ITEMS REr4OVED FROM THE CONSENT CALENDAR:
r-751 -Item #A-2 - Agenda Bill 8862: Petition submitte by group .known as Citizens for Planned Growth of .Car.ls- bad.
Captain L. W. Rash requested acknowledment of the peti- tion submitted by Citizens for Planned Growth in Carls- bad containing the signatures of 60 residents regarding the development of property east of and fronting on intersection of Hillside Drive and Park Drive (Briggs Property). He further requested the petition title be read in full and read into the record of this meet
Petition Title: "'\,le the undersigned property owners hereby petition the City Council of Carlsbad to cause to cease further development of the property east of an fronting on the intersection of Hillside Drive and Park Drive. Property referred to as BRIGGS TRACT. This petition shall remain in.effect until such time as the questions se.t forth in the text of this petition are answered to the satisfaction of the petitioners:" Following the reading of the petition title, the staff was instructed to answer the questions contained in the Petition Text.
L-201 Item #B - Agenda Bill 8863. Resoltition No. 20 regarding public nuisance alleged to exist at 642 Tama- rack Avenue and 744 Tamarack Avenue.
The DSrector of Housing and Building requested this 'item be removed from the C.onsent Calendar si,nce a de-
molition permit was issued and demolition is being. done at this.time on subject property.
E451 _Item #C - Agenda Bill R864. Request for munici- pal services on Temporary basis by Systems Capital Corporation.
A motion was made that the Mayor be authorized to exe- cute the Agreement between the City of Carls'bad and Systems Capital Corporation for municipal services to the .proposed. facility in South Carlsbad.
[53] Item #L - Agenda Bill #872. Interim City Coun- cil Policy on Community Antenna System and Cable Tele- vision.
This matter was discussed under "Departmental Reports" Item #B-2 w.ith .Agenda Bill. #860.
12- CURRENT BUSINESS:
[86] A. Agenda .Bill iy874. Request from Oceanside
for City support of Camp Pendleton Annexation to. .Ocea side.
Discussion was held by the Council regarding the matte
of the City of Oceanside's request for support in, the proposed Annexation of Camp Pendleton.
A motion was made that the staff be instructed to pr pare a letter for the Mayor's signature advising the
was not prepared to take a stand on this matter; PC0 or
con.
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i City of Oceanside that the City Council of Carlsbad
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Mr. Nick Banche, 3464 Ridgecrest Drive, Attorney at Law, representing the San Diego Building Contractor's 'Association, gave a brief presentation on the Associa- tion"s Planfling Policy fo.r the San Diego County Area and requested the Council to accept the Policy State- ment in the spirit it wss offered as a affirmative action to acknowledge the problems of the Council.
13- ADDITIONAL BUSINESS: I
(a) City Council.
(b). City Attorney. C941 (c) City Fanager. The City Manager announced the. Agreement with the' Auto .Dealer's will be discussed
(a) City Council.
(b). City Attorney. C941 (c) City Fanager. The City Manager announced the. Agreement with the' Auto .Dealer's will be discussed at the adjourned' Council Meeting. P at the adjourned' Council Meeting. P
(b) Agenda Bi 11 X840- Supplenent #l. tlUD Gran !4L:lication. ?he City Manager inforraed the Council he received a Speciai Delivery Letter from. Lampman and 1 Associates containing a Resolution and an explanation that upon attemp to submit the.HUD Grant Application, HUD has indicated the necessity of the document con-. taining a parcel by parcel appraisal figure for the property involved. Fllowing execution of the Resol'u- tion, it will be picked-up by Lampnan and Associates and delivered to the HUD Office in Los Angeles where the Application is being held.
The following Resolution was adopted by title only and further reading waived: .
Resolution No. 2080. A RESOLUTION A?IET!DI;dS RESOLUTIOi,l SETTING FAIR i4ARKET VALUE OF CERTAIJ PROPERTY 1l.I HOLI- DAY PARK AREA.
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14- RATIFICATION OF BILLS AND PAYROLL: I
Ratification was given the payment of tiills for the General Expenses of the City in the amount of $73,730.27 and the \dater Department in the amount of $3,589.15 for the period August 16, 1972 through August 31, 1972, as certified by the Direct0.r of Finance and approved by .the. Auditing Committee.
Ratification was given the payment of the pay- roll in the amount of $70,488.15 for the period August 16;1972 through August 31, 1972, as certified by the Director of Finance and approved by the Auditing Commi ttee.
15- ' ADJOURNMENT': I' I By proper motion, the meeting wasladjourned at 12:26 A.M. to Friday, September 15, 1972, at 6:30 P.M. in the City Council Chambers.
Resp.ectfu1 ly submitted, qr44 MA GA ET E. ADAM F@&
City lerk
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September 5, 1972 223
Building Contractor's Association for presentation of . Policy Statement regarding County planning.
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B. Agenda. Bill #875. Request from San Diego
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