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HomeMy WebLinkAbout1972-12-19; City Council; MinutesCiTi OF CARLSBCIO ." ~ COUNCILMEN ROLL CALL: INVOCATION was of.fered by Mayor Dunne. PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting held December (b) Minutes of the adjourned regular meeting held December 12, 1972, were approved as presented. 5- COUNCIL COMMITTEE REPORTS: 5th, 1972, were.approved as corrected. Council Committee Reports were given and no actio? was taken. 6- ORAL COMMUNICATIONS: [30] (a) Agenda Sill #984. Mr. Alexander MacDonald, a San Diego attorney representing Mid-Continent Proper- ties, requested park-in-lieu fees on property to be . developed adjacent to the Buena Vista Lagoon be deferre until such time as building permits are issued. Discussion of the issues involved ensued; it was agreed that provision would have to be made to more fairly accommodate developers who must obtain a permit from the Regional Coastline Commission prior to build- ing, in order that funds not be unnecessarily expended by the developer. . The Council directed the staff to work with Mr. Willis and Mr. MacDonald to provide.assurance to them upon completion of all terms necessary for a parcel map that a parcel split will be granted. Mo ti on xxx Ayes Councilmen Chase and Frazee were appointed to study and recommend to the Council an amendment to the ordinance which would permit expeditious handling of similar future situations. 7- PUBLIC HEARINGS: The Mayor declared the Public Hearings open at 7:50 P.M., as Council concurrance allowed the previous matter to be heard in full. 1993 (a) Agenda Bill #972. To consider adoption of a Specific Plan and approval of a tentative map for 130 lot residential development, CT 72-24, known as Spanist- Villag?, on property located south of Levante Street, West of Anillo Way. Applicant: La Costa Land .Co. The Affidavit of Publication was accepted as presented and the City Clerk stated no communications m had been received. A staff report was made by the Planning Director who concluded his remarks by stating that the project' EIR bad been filed and the staff found that no signif- icant effect on the environment would occur with this development. .. ii lTY OF CARLgAD . - 2- 0 December 19, 1972 Agenda Bill #972 continued. (La Costa Land Go.) Mayor Dunne invited the public to speak to the subject. Mr. Robert Ladwig, 509 Elm Avenue,, Carlsbad, spoke in favor of the development. No one else wished to speak and the public hear- ' ing was closed. Following'discussion by the Council, Resolution No. 3031 was offered for adoption. I RESOLUTION NO. 3031. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECI- SIONS REGARDING ADOPTION OF A SPECIFIC PLAN 'ON A 130 . OF LEVANTE STREET, WEST OF ANILLO WAY, AND APPROVING LOT RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED SOUTH VILLAGE, was adopted by title only. A TENTATIVE MAP FOR CARLSBAD TRACT NO. 72-24, SPANISH The following ordinance was introduced and given a first reading by title only and further reading waiv I ORDINANCE NO. 9339. AN ORDINANCE OF THE CITY OF CARLS BAD ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED SOUTH OF LEVANTE STREET, WEST OF ANILLO WAY, CT 72-24. Councilman Chase requested his comments regardin duplication of conditions in resolutions and ordina.nce be included in the minutes, stating that he expected such duplication to be eliminated in the future. cam[51(b) Agenda Bill #919 - Supplement #l. To con- sider the Environmental Impact Report for Larwin "Tanglewood" and the alignment of Elm Avenue. The City Clerk presented the Affidavit of Publi- cation and reported no correspondence had been receive The Affidavit of Publication was accepted and ordered filed. A staff report was given by the Planning Direc- tor. The EIR filed regarding subject development and alignment indicated that the most significant impact would be to provide for public services to adjacent properties which could result in premature development of these lands. The over-all impact of the Larwin - "Tanglewood" development, he stated, would have no significant effect on the environment. No one wished to be heard on the matter and the public hearing was closed. \ Following Council discussion, Councilman McComas moved the EIR be acctped. [65] (c) Agenda Bill X919. (continued from 11-8-72) To consider the alignment of Elm Avenue on property 0 lying easterly of El Camino Real. The Council acknowledged the Affidavit of Pub- lication which had been presented at the November 8th meeting. The City Clerk stated there had been no furt communications received. 1 w e - !J s d t- COUNCIL I Motion Ayes x; er >. Clw OF CARLS5/?@ COUNCiLMEN - 3- a Agenda Bill #919 continued. The Planning Director stated in his staff report that alignment I'D" as proposed by the engineering staff required less earth fills, provided access to all properties, would make use of an existing street right of way, and as such, is the best choice for the align- . ment of Elm Avenue. Mr. Charles Salazzo, 6151 Mission Gorge Road, San Diego, representing Larwin Company, spoke in favor of the proposed alignment. No one else wished to be heard and the hearing was closed. Following discussion by the Council, Resolution No. 3036 was offered for adoption. RESOLUTION NO. 3036. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING A PRECISE ALIGNMENT OF ELM AVENUE AND AMENDING THE' CIRCULATION ELEMENT OF THE Motion X GENERAL PLAN, was adopted by title only. xxx Ayes [99] (d) Agenda Bill #831. To consider approval of a Specific Plan and tentative map on property lying east- erly of El Camino.Rea1. Applicant: Larwin Development. The staff report was given by the Planning Direc- tor, who stated that school sites/fees and park require- ments had been agreed upon. He also said the developer wished to offer for dedication the streets and alleys. The City Engineer and Fire Chief expressed their approval of accepting the streets for dedication as a means of police and fire protection. Mr. Cook indicat- ed that the Planning Commission had not supported the : dedication of streets primarily because of a lack of information being provided for their consideration. Mayor Dunne invited the public to speak to the subject if they wished to do so. Mr. J. Jackson Wills, adjacent property, addressed the Council. ' Mr. Wills stated it was his understanding that ' Larwin was not going to put in improvements on the proposed Elm Avenue alignment and since it was required of other developers to do so, he asked the Council to guarantee him that Larwin would be required to make full improvements on Elm at the Time of development of their property. It was pointed out that it was not the practice to require improvements of this kind unless it served the area in question,until such time as the adjacent property was ready for development. . At that time, Larwin will be required to improve one-half of the road to the easterly boundary of their property. 'The I) staff stated they knew of no plans for development of . adjacent property. No one else wished to be heard and the public hearing was closed. ,. CITr OF CARLSB% - 4- 0 December 19, 1972 D Agenda Bill #831 continued. Following discussion by the Council, Resolution No. 2059 was offered for adoption. RESOLUTION NO. 2059. A RESOLUTION OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISIONS REGARDING ADOPTION OF A SPECIFIC PLAN ON PROPERTY LYING EASTERLY OF EL CAMINO REAL AND SOUTHERLY OF MARRON ROAD EXTENSI AND APPROVING A TENTATIVE MAP FOR CT NO. 72-21, was was adopted by title only. The following ordinance was introduced and given a first reading, as amended (rejecting all alleys for dedication and accepting all streets) by title on1 and further reading waived: ORDINANCE NO. 9324. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN ON PROPERTY LYING EASTERLY OF EL CAMINO REAL AND SOUTHERLY OF MARRON ROAD EXTENSION. A recess was called by the Mayor at 9:00 P.M. an 'the Council reconvened at 9:15 P.M. with all Councilme prese,n t. 8- CONTINUED BUSINESS: (a) Agenda Bill #955. An amendment to Title 21 0 [!%!e Municipal Code, by adding certain section creat ing L-C (Limited Control) Zone. Councilman Chase recommended the matter be table and referred to the committee studying revision of the General Plan. The staff urged the Council to consider the pro- posed Limited Control Zone ordinance fully, stressing the need for such zoning to allow greater flexibility in proper planning of undeveloped portions within the City as well as for land which may be considered for annexation to the City. It was pointed out that no uses other than those allowed in R-1, residential zon- ing, would be allowed in L-C zoning. In effect, this becomes a holding zone. Councilman Chase moved the matter be continued. The motion died for lack of a second. Following a lengthy discussion, Councilman Fraze moved the adoption of Resolution No. 3026. RESOLUTION NO. 3026. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISIONS REGARDING AMENDMENTS TO TITLE 21, SECT10 21.58.020, 21.06.070, 21,06.010'and 21.06.090, AND THE ADDITION OF SECTION 21.52.150 and CHAPTER 21 .'39, INCLUDING SECTIONS 21.39.101 THROUGH 21.39.020, CREATI LIMITED CONTROL ZONING, was adopted by title only. The following ordinance was introduced and given a first reading, as amended, by title only and further reading waived: I COUNC11MEN Motion X Ayes xxx 11 I Motion (No second) Motion Abstain i Ayes xxx c1-R OF CARLSBA~ COUNCILMEN 0 -5- Agenda Bill #955 continued. ORDINANCE NO. 9337. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTIONS 21.58.020, 21.06.070, 21.06.010, AND 21.06.090, ADDING NEW CHAPTER 21.39.020, AND ADDING NEW SECTION 21.52.150 TO THE CARLSBAD MUNICIPAL CODE TO PROVIDE FOR AN L-C (Limited Control) ZONE, REVIEW OF ZONE CHANGES, AND OTHER TECHNICAL CHANGES. [114] (b) Agenda Bill #956. An amendment to Title 21 of the Municipal Code, changing content of the P-C (Planned Community) Zone. A discussion was held on the Planned Community . Ordinance and the following resolution was offered for adoption. RESOLUTION NO. 3027. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS ANC ITY (P-C) ORDINANCE NO. 9218, was adopted by title onlF The following ordinance was introduced and given a first reading, as amended, by title only and further read-ing waived: COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 9 CHAPTER 21.38, SECTIONS 21.38.010, 21.28.020, 21.38.030, 21.38.040, 21.38.050 AND 21.28.060 OF THE CARLSBAD MUNICIPAL CODE REVISING REQUIREMENTS AND PROCEDURES APPLICABLE TO THE P-C (Planned Community) ZONE * DECISIONS REGARDING AN AMENDMENT TO THE PLANNED COMMUN- ORDINANCE NO. 9338. AN ORDINANCE OF THE CITY ' 9- DEPARTMENTAL REPORTS: A. Engineering and Public Works. ~ E451 (1) Agenda Bill #973. Approving Change Ordc No. 29, regarding Water Systems Contract #1000, Sched- ule No. 1. account to accommodate the necessary changes in the amount of $9242.56. authorized Change Order #29. The staff indicated there were funds in project The Council accepted staff recommenda'tions and ' E811 (2) Agenda Bill #974. Resolution #3032, accepting Lot IIB" in Laguna Riviera Unit #2 subdivisior was offered for adoption. RESOLUTION NO. 3032. A RESOLUTION OF THE CITY (COUNCIL OF THE CITY OF CARLSBAD ACCEPTING FOR PUBLIC STREET PURPOSES CERTAIN PREVIOUSLY REJECTED LOTS, was adopted by title only. E451 (3) Agenda Bill #975. Req.uest for approval of supplement to annual street light maintenance con- tract with San Diego Gas and Electric Company was gran. and the Mayor was authorized to execute the agreement. of Change Order #3 for Contract No. 1012, regarding Cannon Road Improvement was granted. 8 1261 (4) Agenda Bill #976. Request for approval m I I )I I ?' 1 tt .. ClTO OF CARbSBAp COUNClLMEN e - 6- December 19, 1972 ~-~ ~~ I DEPARTMENTAL REPORTS continued. E99 1 (5) Agenda Bill nU808 - Supplement #1. Request for final map approval for Carlsbad Tract 72-1' Unit No. 1, Briggs-Klug Development, located in the vicinity of Park Drive and Tamarack Avenue. A motion was made to accept the final map and Resolution No. 3033, accepting Lot "A"for public street purposes , was presented for adoption. RESOLUTION N0:3033. A RESOLUTION OF THE CLTY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING FOR PUBLIC STREET PURPOSES CERTAIN PREVIOUSLY REJECTED LOTS, was adopted by title only. C991 (6) Agenda Bill #837 - Supplement #l. Request for final map approval for Carlsbad Tract 72-1 a condominium to be located at the southeast corner of Carlsbad Boulevard and Acacia Avenue was approved by the Council. (Hucks) f84l (7) Agenda Bill #979. A request for transf of funds to purchase a typewriter for the Engineering Department was approved,. said funds to be transfered from Account 1-75 to Account 1-110-9.1. 1~951 (8) Agenda Bill #987. Temporary sidewalk o .Tamarack Avenue between Jefferson and Carlsbad Bouleva I The Council accepted the recommendations of the staff and directed this matter to be placed on the Revenue Sharing Priori tv List. [96] The City Engineer reported on signs and signals regarding traffic on Tamarack Boulevard. Following discussion, the City Engineer was Pi0 Pic0 and Tamarack in an amount not to exceed $2500 ' directed to proceed with the design for signals at I B. Personnel. I C741 (1) Agenda Bill #978. Amending Resolution No. 2050, by adding classification "Accountant," Salar Range 32. Following discussion, Resolution #3034 was offer for adoption. RESOLUTION #3034. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING RESOLUTION NO. 2050 ADOPTING SALARY PLAN FOR THE CITY FOR 1972-73 I E741 (2) Agenda Bill #937. Amending Resolution #1727, Personnel Rules and Regulatio.ns, regarding Fire Safety Employees. I) A staff report was given by the Personnel Direct who explained the necessity of such provisions to accommodate the ambulance service now available in .La Costa and which will eventually be provided within the entire City. The following resolution was offered for adoptio RESOLUTION NO. 3035. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING RESOLUTION NO 1727 AND CHANGING RULES AND REGULATIONS GOVERNING OVERTIME PAY, was adopted by title only. I. ClT@ OF CARLS0- CBLINCILFAEI.; - 7- C. Planning. (1) Agenda Bill #980. Request for transfer The Council accepted the recommendations of the taff and directed the transfer of funds in the amount Motion t A staff report given by Purchasing Officer, Jerr.1 ieti, - indicated two methods for the Council to con-. Following a discussion by the Council, the matter as continued to allow further investigation of interes: ates by the City Treasurer. E. City Manager. (1) Agenda Bill #983. Recommendation to Following a staff report, the Council discussed he.matter in depth, accepting the staff recommendation nd authorizing increase in Liability Insurance from 1,000,000 to $2,000,000, at a cost of $1,100 for the Motion alance of the year. F. Departmental Status Reports. . Reports from the Parks and Recreation Department nd the Public Works Department were acknowledged and rdered f i 1 ed. ' I. * CITC) OF CARLSB* 0 - 8- December 19, i972 " ORDINANCES FOR ADOPTION continued. [96] (b) Agenda Bill #960. ORDINANCE NO. 3094. ORDINANCE OF THE.CITY OF CARLSBAD AMENDING SECTION 10.28.160 OF THE CARLSBAD MUNICIPAL CODE REGARDING STOi SIGN FOR NORTHBOUND TRAFFIC ON CARLSBAD BOULEVARD AT STATE STREET, adopted. [loo] (c) Agenda Bi.11 .#963. ORDINANCE NO. 1153. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 3.12.150 OF THE CARLSBAD MUNICIPAL CODE TO PROVIDE FOR USE OF A PORTION OF THE .FOR GENERAL FUND PURPOSES, adopted. FISCAL YEAR 1972-73 TRANSIENT OCCUPANCY TAX RECEIPTS I [30] (d) Agenda Bill #964. ORDINANCE NO. 3095. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING MUNICIPAL CODE S.ECTI0N 6.02.010 BY EXCLUDING OWNER OCCUPIED CONDOMINIUMS FROM THE DEFINITION OF APARTMENTS, adopted. 111- ORDINANCES FOR INTRODUCTION: [105] (a) Agenda Bill #962. Ordinance No. 1152, amen ing various sections of Chapter 6.04, Title 6 of the Municipal Code relating to Emergency Services was offered for a first reading by title only. ORDINANCE NO. 1152. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING VARIOUS SECT1 OF CHAPTER 6.04, TITLE 6 OF THE CARLSBAD MUNICIPAL COD RELATING TO EMERGENCY. s 771 (b) Agenda Bill #982. Ordinance #1155, amendin rdinances #1150 and #115a- regarding grading perm.its. The following ordinance was presented as an urge ordinance, was read in full and adopted. ORDINANCE NO. 1155; AN URGENCY ORDINANCE AS AN EMERGENCY MEASURE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 1150, THE CITY OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 TO INCLUDE GRADING PERMITS INADVERTENTLY EXCLUDED FROM SAID ORDINANCE BY ORDINANCE NO. 1154. 12- CONSENT CALENDAR: A. CORRESPONDENCE-ADVISORY. Agenda Bill #965. [30] This item was removed from the Consent Calendar and d-iscussed by the Council. The City Clerk was directed to inform Mrs. Rene Madurowicz that her reque for Council authorization for issuance of a building permit on 17 units of apartments with a reduction of .requnred parking spaces was denied. . The following items on the Consent Calendar were I) accepted by the Council by one motion: [45] B. Agenda Bill #977. Approval was given a Future Street Improvement Agreement, requested by Mrs. Melvin Lull, concerning Parcel Split #190, for propert located. on the northeast corner of Valley Street and Magnolia Avenue, and authorizing the Mayor and City Clerk to execute an agreement. [74] C. Agenda Bill #899. A report from staff on the 110-hour day - 4-day work week was accepted 'and ordered f i 1 ed. - P d 0 E 9 n S Y COUNCILMEN ,. C17$ OF CARLSBAd COUNCILMEN u -9- December 19, 1972 13- ADDITIONAL BUSINESS: I 1. City Council.. [86] Barton Lefferdink, 4659 Park Drive, Carlsbad, requested Council authorization to shoot the mud hens which have again invaded the marina on the Agua Hediond Lagoon. He stated that the California Wild Life Agency had approved this means of control last year and that regular reports to them are made each year. The Council indicated they would consider his request favorably at such time as he again receives official sanction. from this agency. I 4. I [40] Agenda Bill #986. Smoking in Council Chambers. I A lengthy discussion regarding the necessity of eliminating smoking in the Council Chambers was held. It was the majority opinion that it was important to the comfort of those people attending meetings in the Chambers that NO SMOKING signs be posted. EXECUTIVE SESSION: Motion Ayes Noes Abs tai 1 Mayor Dunne called for an Executive Session at 11:45 p.m. for the purpose of discussing personnel. The Council reconvened at 12:25 a.m. The Mayor announ- ced that a discussion was held.and recommendations were made as to appointments on various committees. A motion was made recommending appointment of the following people to certain committees: [63] Carolyn Schindler, Library Board of Trustees. [28] Sam Henry and L.J. Huking, Advisory Committee on [28] A.W. Pkhl, John McKaig and Jayce McClellan, [28] B.M. Christiansen, Roy Sanches and Bob Repucci, [28] Bob Johnston, Swimming Pool Committee. (Agenda Bill #969) Senior Citizens Affairs. Citizens Award Committee. Bicentennial Committee. 14- RATIFICATION OF BILLS AND PAYROLL: (a) Ratification was given payment of the Cham- ber of Commerce bills in the amount of $2,002.21. (b) Ratification was given the payment of bills for General Expenses of the City in the amount of $134,982.31; The Water Department in the amount of $73,444.37; Water Improvement Project in the amount of $13,000.26, and Investments in the amount of $100,000, for the period of December 1 through December 15, 1972 as certified by the Director of Finance and approved b: the Audi ti ng Committee. (c) Ratification was given the payment of the payroll in the amount of $75,408.01 for the peri0.d of by the Director of Finance and approved by the Auditin Committee. ). December 1 through December 15, 1972, as certified I 15- ADJOURNMENT: I By proper motion, the meeting was adjourned at 12:35 a.m. I .Respectfully submitted, -/ 1 . I..-, -i/ P j &+&& y< .,.., .,,,a,,:jky ,";" MA~GA "ET E. ADAITS! City c J - *',' /&/e I .Respectfully submitted, -/ 1 P j . I..-, ,";" -i/ &+&& y< .,.., .,,,a,,:jky MA~GA "ET E. ADAITS! City c - *',' /&/e J , Y C I 1 Motion Ayes Mo ti on Ayes Motion Ayes Motion Ayes I erk