The URL can be used to link to this page

Home My WebLink About1972-09-19; City Council; MinutesI. c - a - "U m 1- CITY OF CARLSBAU COUb4C!L" Mi nu tes : CITY COUNCIL (Regular Meeting) Date of Meeting: September 19, 1972 7:OO P.M. 1- ROLL CALL: 2- . INVOCATION was offered by Mayor Dunne. Present Absent 3- PLEDGE OF ALLEGIANCE: 1 I 4- APPROVAL OF MINUTES: (a) Minutes of the Regular Meeting of the Cit Counci 1 held September 5, 1972, were approved as presented. .1 .. 5- Council Committee reports were given and no action was taken. I [89] Supervisor Willi.am Cr'aven addres'sed the Counci , explaining the County Board of Supervisor's position regarding C.P.O., emphasizing what the Board feels are the inherent dangers of an independent C.P.O. staff. He urged the Cities in San Diego County to reconsider their positi ns on the new C.P.O. The Council took no action. I. 6- PUBLIC HEARINGS: I The Mayor opened the Public Hearings at 7:40P.. [ 11 31 (a) Agenda Bill #880. To consider a request for rezoning from C-2 to RD-M on four lots located on the east side of Roosevelt. Street between Oak Avenue and Pine Avenue. . Applicant: Thomas Monreal Affidavits of Publication presented by the City Clerk were accepted and ordered filed. I Yon I There being no communications recieved on this matter, the following pers.ons from 'the audience spoke in opposition to the proposed zone change: Florencio Rodrigues, Edna Nevares, J. J. Rodriguez, a71 property owners in the area. Mike Straub, representing the applicant, in favor of the proposed zone change. Spokl I The Acting P,lanning Director reported on the proposed development, stating no major neigh- borhood impact would be created by RD-M zonin . He pointed out that present zoning was not in compliance with the General Plan and-that in January, 1973, it would be mandatory to eithe rezone the area or to amend the Ge,neral Plan. ~ ': .. No one else wished to be heard. Mayor Dunne closed the public hearing with th unanimous consent of the Council. ,I ' ' After discussion of the matter by the Council,. ' the follo.wing resolution was adopted and reading was waived by the unanimous consent o the Council. 1 ... RESOLUTION NO. 2081: A RESOLUTION OF THE CIT COUNCIL OF THE. CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISION REGARDING A CHANGE OF I ', ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM C-2 TO .l :? 7 cs L.9 (%\ iz .=-.I h X X 1 -7- COL'NCfLtVf Ei CITY OF CARLSBAD 0 IamEaza e 0 is - 2- September 19, 1372 - .-I -". 6- PUBLIC HEARINGS continued. RD-M (Residential Density-Multiple) ON PROPER' BETWEEN OAK AVENUE AND PINE AVENUE. ORDINANCE NO. 9330. AN ORDINANCE OF THE CITY ING A CHANGE OF ZONE FROM C-2 TO RD-M (Resi- dential Density-Multiple) ON PROPERTY LYING ON THE EASTERLY SIDE OF ROOSEVELT STREET BETWEEN OAK AVENUE AND PINE AVENUE, was introduced and passed to a second reading on October 3, 1972. The Council instructed the staff. to contact t balance of property o'wners on the easterly side of Roosevelt Street on that portion lyin between Oak and Pine Avenues in an attempt to initiate zone change' to RD-M. [99] (b) Agenda Bill #881. To consider a request for approval of a Tentative .Map and Specific Plan for a one-lot, twenty-five unit condomin ium development located on the westerly side of Jefferson Street, opposite Las Flores Driv Applicant: Bruce Farley Corporation. Affidavits of Publication presented by the City Clerk were accepted and ordered filed. Ralph Renden, representing the developer, spo on ttie proposed development. Philip Stanbro, Environmental Consultant on the project al.so addressed the Counci 1. LOCATED ON THE EAST SIDE OF ROOSEVELT STREET. COUNCIL AMENDING ORDINANCE NO. 9060 BY GRANT- No one else desired to be heard. Mayor Dunne closed the public hearing with th unanimous consent of the Council. It was the concensus of the Council that item 4, Section 3 of the proposed Ordinance 9331 b deleted (regarding external television antenn and the following conditions be added as item 4 of said ordinance: . . 4. Provisions shall be made for the future installation of cable TV as follows: (a) Con.duit and pole boxes shall be instal led to serve each dwell ing as may be required by the City. (b) Each dwelling shall be designed to . facilitate the future installation of signal cable. (c) The developer shall be reimbursed tc the extent. authorized by law for the cost of installation of items (a) and (b) by the City franchised user of the facilities. , I I I .. '"I* T' h: 9 - e, kc e I e la: I 1 I . '\ 21 229 -a 'Motion AYES NOES Mo ti on AYES NOES, ! Motion .AYES ? Motion AYES 5) ;.\r c* \! 0 \ I 0 i ...: > I a- ! -: ' X X. X X ,- \o: ;fi;rZ* -1 ,\y u;s;G Y:i A' 2 LIP X X X X xx xx CITY OF . CARLSBPD - 3- 0 September 19, 1372 Exwm 5 . 6- PUBLIC HEARINGS continued. . The following resolution was adopted and reading was waived by the unanimous consent of the Council. RESOLUTION NO. 2082. A RESOLUTION OF THE CITY a COUNCIL OF THE CITY OF CAKLSBAD ANNOUNCING FINDINGS AND DECISION REGARDING ADOPTION OF A SPECIFIC PLAN ON PROPERTY LYING ON THE WESTERL SIDE OF JEFFERSON STREET OPPOSITE LAS FLORES DRIVE, AND APPROVING A TENTATIVE MAP FOR CARLSBAD TRACT NO. 72- . ORDINANCE NO. 9331. AN ORDINANCE OF THE CITY COUNCIL OF THE' CITY OF CARLSBAD ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED ON THE WESTERLY SIDE OF JEFFERSON STREET OPPOSITE LAS FLORES DRIVE, was introduced, as amended and passed to a second reading on October 3,197; [43] (c) Agenda Bill 8822. Appeal of decision by Planning Commission, denying request for a Conditional Use Permit to allow establishment of an auto yard business in the Ponto area. Appellent: Eugene M. Chappee Affidavits of Publication presented by the I City Clerk were accepted and ordered filed. There were no communications received on this matter. Perry A. Lamb, a property owner outside the immediate area, concerned, spoke in opposition to the appeal. The following persons spoke in favor of the issue: Norman Vetter, attorney for the appellent, Mr. Gradall, Mitchell Pollard, adjacent property owner. There being no one else who wished to be heard the Public Hearing was closed, with the unani- mous consent of the Council. The staff reported on conditions within the Ponto area, one of which .is Parcel Split #lil, not presently in compliance with Subdivisiqn. Map Act, and which .would affect the property in question so far as improvement agreements are concerned. 0 . The Council stated.its opposition to the .prese businesses in the Ponto area continuing indef- initely and agreed that. steps should be taken to eliminate such uses within a peri.od of time that would allow amortization. The Council ,indicated willingness to grant -a CUP to appellent pending correction of illegal lot splits. CBUNCit-!b4E 230 lotion \YES dotion \YES .. 0 7 T CITY OF CARLSBAD - 4- "." September 19, 1972 - B 6- 7- C401 E451 E1131 i I I PUBLIC HEARINGS continued Councilman Chase made a motion to grant the appeal with certain specific conditions as to fully improved streets and their dedication to the City. The motion died for lack of a second 4ouncilman McComas made a substitute moti'on tha the appeal be continued until such time as the illegal lot splits presently in existence are .' corrected. DEPARTMENTAL REPORTS: I A. Engineering and Public Morks. I 1. Agenda Bill #883. Installation of air condi tioni ng in Counci 1 Chambers. The Finance Director was authorized to transfer $5,000 from unappropriated General Fund Reserve to Account 1-140-8.2, and the Public Works . Director was instructed to proceed with the installation of the air conditioning system at a cost not to exceed $5,000. .2. Agenda Bill #599-Supplement #l. TOPICS Project EPST (3), Traffic Signal at Carlsbad Bouleva'rd and Tamarack Avenue - Contract #lo10 Contract #lo10 was awarded to Smith 'Electric Supply, low bidder, in the amount of $48,822, and the Mayor and City Clerk were instructed t execute the contract; further, the Finance Director was authorized to transfer the sum of $12,010 from unappropriated Gas Tax Reserves t Account #2-2107-19.. 0 0 B. Planning. ' 1. Agenda .Bill #856. Report from Planning Commission for a change of zone from R-1 ,to RD-M and specific plan. Ap-plicant: Pacific View Development. A report from the Planning Commission was presented, requesting the City Council. to obtain a legal. interpretation regarding RD-M zoning law, particularly concerning restaurant and cocktail lounges and how it would apply to this application. S By unani-mous consent, the City Attorney was so i ns tru'cted. A letter from J., Whitehead, .Superintendent of District 6, Sta.te Department of Parks and Rec- reation, expressing interest by the State in the acquisition of the property under discussio was read. in full. Ordinance 9329 regarding change of zone, was offered for a second reading. CQUNCILt&E cp;.yJ.P <& yiP< k:f$ 23 1 -<. <q ) ii 1. w';-+%m.sm t Motion AYES Motion s AYES Mo ti on .AYES 1 I I I i ~ I n I ! 1. I i CITY OF CARLSBAD CClUNCkJ4E DEPARTMENTAL REPORTS continued. GRANTING A CHANGE OF ZONE FROM R-1 TO RD-M . (Residential Density-Mu1 tiple) ZONE ON PROPERTY LOCATED WEST OF CARLSBAD BOULEVARD AND SOUTH OF PALOMAR AIRPORT ROAD was adopted by title only and further reading waived. Planning Commission re'port was presented wherei the Commission concurred with City Council to prepare necessary documents amending the General Plan. .. The following people from the audience spoke in opposition to the adoption of a specific plan and approval of a tentativ.e map because of the proposed alignment of Elm Avenue in relation to the development: Nicholas' Banche, representing property owners of a five acre parcel adjacent to the development, 3. J. Wills attorney, also representing property owners in the area, and Hoarce Fel kins, property owner. Ch.arl.es Salazo, a representative for. Larwin,' Commi.ssion in regard to the alignment of Elm Avenue from the easterly side of El Camino Real Section 3, in proposed Ordinance #9324 be CITY QF CARLSBAD COUNCIl,t\4E -6- Applicant: RobertBangar. The staff report, recommending that Council Policy Statement of February 19, 1963 regarding #2, was acknowledged. Councilman Chase moved that Council Policy as recommended. *panhandle lots be amended by deletion of Item Fred Norman, Planning Comrnissioner,.also spoke to the Council regarding the' Commission's denial of the requested variance. ' and that the matter be referred back to the Planning Commission. The motion died for lack of a second. LOCATED ON THE NORTHERLY SIDE OF HOOVER STREET BETWEEN ADAMS STREET AND HIGHLAND DRIVE, was adopted by title only. 1. Agenda Bill #884. Request by Carlsbad Boat and Ski Club to use Agua Hedionda Lagoon for ski show. responsible for a closed water event. 3. That the Police Department be provided with two weeks notice prior .to the event. 4. A Hold Harmless Agreement, protecting the City and S.D.G.& E. from any liability, which may arise from the proposed ski show, shall be provi.ded-.Ao the City Attorney for approval prior to. the proposed activity. 5. That adequa.te-.-public liability insuranc be furnished.' I ! j CITY OF 'CAF?LSB,qD COUNC11,1;4E 0 - 7- September. 79, 1972 -PC-* u .1 t 8- ORDINANCES FOR' INTRODUCTION: [781 . (a) Agenda Bill #858. Ordinance #3093, regu- lating activities on various lagoons. ORDINANCE NO. 3093. AN ORDINANCE REGULATING: AQUATIC AREAS ANDDEVICES AMENDING ARTICLE I e OF'CHAFTER 11.24 OF THE CARLSBAD MUNICIPAL CODE (REPEALING ORDINANCES 3025, 3085, AND PARTS OF ORDINANCES 3076, 3033, AND 3035). Ordinance No. 3093 was introduced and passed .I to second reading on October 3, 1972. 9- CONSENT CALENDAR: Item 'IF", Agenda Bill *#871, was' removed from I the consent calendar. The following items were approved' by one motion affirming the actions on the Consent Calendar. (A) Agenda Bill #888. [42] A letter from the Army and Navy Academy extend- ing th.anks for excellent services was ordered filed. ' (C) Agenda Bill #885. PROCLAMATIONS. [BO] (1) Navy Day - October 13, 1972. (2) Navy Week - 0ctobe.r 8-14, 1972 (3) White Cane Days - October 2 & 3, 1972. Dates so proclaimed. (D) Agenda Bill #840 - Supplement #l. Request for -. [70] tran'sfer of funds regarding HUD Grant applicatic [29]. for proposed expan.sion of Holiday Park was authorized, $6000 to be allotted from the Park' Fund balance and $6000 from the General. Fund balance, as previously approved. (E) Agenda Bill #886. The Mayor and City "Clerk, [45] were authorized to execute a Future Improvement Agreement regarding Parcel Split #169. (Goodin) (G) Status Reports from the Parks and' Recreation, Public korks and Planning Departments. were acknowledged and ord.ered filed. ITEM REMOVED FROM THE CONSENT CALENDAR: (F) Agenda Bill #871 - Supplement #l. Contract . ' Sewer Assessment D,istrict' 2-1969. [26] #loll - Change Order #1, Highland Drive I I I The Council reviewed the action taken at the, regular meeting of September 5, 1972, resardin! Change Order #1, Contract #loll. The City Engineer exDlained that early City records did not show.the abandoned steel water ltne, and that if the line had been shown, the cost probably could have been avoided. He also stated that there are funds available in the Sewer Revolving Account to pay for this item, should the Council feel the City should absord this unexpected cost. 234 F Mo ti on AY.ES Motion AYES )n xxx I I XXI 1 I CITY 0% Cb,F?LSf3,\D COUNCI1,F,/,E 'L -8- September 19, 197.2 -x%%- IwP =e- >"" - P I 9- Agenda Bill 8871 continued. Councilman Chase pointed out the Council took .action on this matter at the meeting of Sept- ember 5, 1972, which approved the change order and the amount of $3,500 added to the contract price, which amount was to be assessed to the .district, as recommended by the staff in Agenda Bi 11 #871.. Mayor Dunne stated it was a serious mistak.e to have placed this matter on the Consent Calendar which would allow the property owner to be assessed an additional amount without holding a public hearing. It was his opinion the propert owners have been wronged if a pub'lic hearing is not held, and felt the City should take some responsi bi 1 i ty. Councilman. Chase stated in nearly .all of the assessment districts there have been extras attached to the district. In this instance, . there should have been alternatives'presented in order for the Council to make its decision. It was the decision of the Council that the City Engineer be instructed to assess the cost of this change order to the City of Carlsbad, and the Finance Director instructed to transfer $3,500.00 from the Sewer Revolving Fund into the account for this 1911 project; further, that the action taken at the last Cquncil meeting in so far as the property owners being assessed the added cost, be revolked. .. 1 10- EXECUTIVE SESSION: I a Mayor Dunne called 'for an Executive Session at 12:15 A.M. forsthe purpose of discussing personnel and commi ttee/commission appo.intmentc The Council reconvened at 12:47 A.M. and the Mayor announced that no decisions had 'been made. He further stated that no appointment t.o the Traffic Safety Commission would be made at this time. (Agenda Bill #887) 1 11- CURRENT.BUSINESS: 'I [io31 (a) 'Agenda Bill #887. Appointment to the Traffic Safety Commission to fill an unexDired term was contjnued to the next regular meeting, 12- ADDITIONAL BUSINESS: e. [70]' (a) City Council.' The Council inquired of thc Parks and Recreation Director if any figures were available for building walk-ways to the. beach.at public access'points. He informed thc Council the Building Department estimated approximately $7,000 would be needed for each of the accesses. The Parks and Recreation Director was i'nstructed to obtain bids, and to provide alternative designs for walk-ways, and indicated that $7,000 was not an acceptablc sum for the construction of such access to the I beach. I ,.I t ? > -. ? \q 235 . \-X Motion AYES NOES ABSTAIN X t 'i I I , . " 3.. \:- . :-2 1 - \r q >.e[> .?\. 4 ; i .,', -s ..-,, ?.',i*, YX e - . 0 '7 I I CITY OF CARLSCAD CQUt.!CILI,X . _I -. a)?:. I"\!? t'l; :.:>.(;;!. -9- \\&;:<+ /..i[;-r.l 'is *' September 19, 1972 Z36 \:A\; "PS-.- "._. -.;-.-L.'.L.C. 12- ADDITIONAL BUSINESS continued. [751 A petition regarding es agency for the control eleven (11) residents, no action taken. [361 The City Clerk addressed the Council regarding preparation of documents. She requested that legal guidance be given prior to presentation . of documents to the Council. The Council stated that the responsibility for documents rests with the City' Manager. [79] The City Clerk also asked the Council's pleasure on handling agreements with the various dis- tricts on lands in the 'process of annexation. It was the feeling of the Council that area's presently being served b be accorded the same type of agreement as the City has entered. into w annexations at such time said annexations. The Cle'rk stated she had received a call from the attorney representing several water distric presently serving the area in the process of being annexed and knom as "East Carlsbad Annex- ation #2.15" (Weigand), as:surance the City would .with the water district was instructed to write. the attorney,, Vernon A. Pel tzer., i riforming him I [25] The City Manager was re to LAFCO suggesting that .t.he procedure for - . cations for annexation first b'e submitted to .. annexations, be modified by requiring all appli- the 'city for consent prior to being considered by LAFCO. 13- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for the General Expenses of the City in the amount of $56,746.16, Water Department in the amount o $39,023.-25, and Water I , . .amount of $85,308.24, f 1, 1972 through Septemb by the Auditing Commi ttee. Ratification was given roll i.n the amount of $ I t . ,September 1, 1972 through September 15, '1'972, *. as certified by the Director of Finance and ..' approved by the Auditing Committee. 14- ADJOURNMENT: By proper motion, the rn 1:OO A.M. Respectful2 Fbpd, ! I' .. i )Liz[ CLdL - 2 .-.- / d d4-2 47.2 MA~GA: ET E. ADAMS Ciby i 1, lerk