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HomeMy WebLinkAbout1973-05-01; City Council; Minutes..I '> CiTY OF CARLSBAD WLiNC1LMLt Meet-i n9 of: CITY COUNCfL (Regular Pleetfcg) Date of Reeting: Time of Meeting: T:.=:O p.p:. Place oi Meeting: Ccgncii Chambers P4 A3?>! : , i 973 q a ?- ROLL CALL : 2- INVOCATION. 3- PLEDGE OF ALLEGIANCE: I 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting of April 17, 1973, were approved as presented. (b) Minutes of the adjourned regular meeting .of April 18, 1973, wePe approved as presented. 1.5- COUNCIL COMMITTEE REPORTS: 1 [68] (a) C.P.O. Meeting. Councilman Frazee referencl the Joint C.P.O. Meeting to be held May 2, 1973 at 7:30 P.M. iwthe Oceanside Council Chambers. He state1 th,e C.P.O. Staff wishes to apprise all of the North County Cities on. all of the goals and receive in-put from the Councils. E681 (b) Coastal Comm-iss.ion-.-. Councilman Fraz-ee stat kd the Coastal Commi.ssion has been meeting onc'e a week and 'this Friday discussion. will be held on-policies in t e coastal area. and R articularly the matter of density in the cities Following discussion, it was agreed that the City Mana ger, City Planner and Councilman Frazee discuss the contents of a letter which is to be prepared for the. Mayor's signature requesting the Coastal Commission await any decision on density in the Ca.rl sbad area un- til such time as as the studies being conducted by the City staff are completed. 1 €281 (c) Mayor's Youth Committee. Councilman Lewis reDorted that members of the Mavor's Youth Committee support .the "You.th Day" concept" and a presentation wil be made before the Parks and Recreation Commission at their next regular meeting to seek support from the Parks and Recreation Commission. 0 (d) . Other Committee Reports. Councilman McComa gave a brief report on a '!Municipal Traffic Control Law" meeting he attende&and discussed a Bill introduc by Senator Stull which would allow cities to control their own signals at Railroad crossings. Further, Councilman McConas urged consideration by the Council of full cooperation from the City with regard to the CMND Ci ti zen.'s Advisory Cornmi ttee who are undertaking ithe task of studying the possible CMMD take-over of ' . j City water maintenance and operations. I May be tio or Dunne informed the Council the CMWD Manager will ha.ndling arrangements for the Perris Dam Site Dedic 'n and anyone of the Councilmen o? staff could conta him if they desired to use the bus accomodations to attend the dedication which will be held on the 18th of May. 8 .. - L CiTY OF CAWLSBAD CXXNC1LiVIEN .. -2- May 1, 1973 i.:OL'SI?.iG AUT3ORITY: The Council adjou'rned to the Housing Authority at 7:15 P.M. and reconvened at 7:36 P.M., with all Councilmen pre.sent. 1 7- PUBLIC HEARINGS: . I L [991 (a) Agenda Bill #2009. To consider the Final Environmental Impact Report, a preannexation zone chang from County L-C to City of Carlsbad P-C (Planned Community) and the adoption of a Master Plan for 420 dwelling units to be constructed on property located ,northerly of Olivenhain Road easterly of El Camino Real to be known as Ponderosa Homes. Applicant: Kaiser Aetna, a California Partnership. The City Clerk presented the Affidavit of Publication and a motion was made,that the Affidavit of Publication be accepted and ordered filed. The Clerk reported no correspondence had been received. A staff repcrt was given by the Planning Director who presented a transparency of the location of property and the sphere of influence. A letter presented-atrthe-Planning Commission meeting Trom the San Dieguito School District opposing any development without some provision therefor. The Planning Director d.ndicated there is a willingness oh the part of the developer to discuss this matter with the School District. The -Council acknowledged the Final Enviornmental Impact Report and the Planning Director reviewed said report in synopsis form. Questions were raised:;by the Council with regard to Leucadia County lolater Dist-ricts a.bility to provide' services to the development, and oth.er pertinent matte and answers were provided by Mr. Lyle Gabrielson, Rick Engi neeri ng, representi ng Ponderosa Homes, the P1 anni n Director and the City Engineer. g ~ I Mr. Lyle Gabrielson, Rick Engineering, representing Ponderosa Homes , was heard by the Council requesting favorable action. I Mary Casler, 3843 Highland Drive, Carlsbad, spoke .in opposition to the proposed pre-annexation change of zone since it was her opinion that the land was not needed by the City and the problems of other neighbor- ing cities, such as the San Dieguito School District, and the Leucadia County Water District, would only be antagonized by a development. The Public Hearing was closed at 8:07 P.N. Discussion was held by the Council and a motion was made to accept the Einal Environmental Impact Report on Rancho del Ponderosa. The following Resolutlons were adopted by title only with further reading waived: Resolution No. 3116. A RESOLUTION OF THE CITY OF CARL BAD, CALIFORNIA, ADOPTING A MASTER PLAN FOR 120 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD EASTERLY OF EL CAMING REAL, TO ALLObl CONSTRUCTION OF 420, SINGLE-FAMILY DAELLINGS 5? PONDEROSA HOMES. - CITY Qi CARLSBAD GXXWLM€& "7 A -5- May 1, 1973 1 Resolution 20. 3117. A RES3LUTIO!i OF.THE CITY COtrHCIi OF THE CITY OF CARLSBAD, CALIFORNIA, ANI'.IOU!.1CIlaG FIPIDIiL'G AI'ID DECISIO?4 REGARDING PREAXNEXATIOM CHANGE OF ZONE FROM SA14 DIEGO COUNTY L-C (Limited Control) TO CITY OF CARLSBAD P-C (Planned Community), ON PROPERTY LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD, EASTERLY OF EL DWELLINGS , TO BE KNOWN AS POidDEROSA HOMES. The following Ordinance was given a first read+ng by title only with further reading waived: CAMIMO REAL 3 FOR CONSTRUCTIOM OF 420 SINGLE-FA?,IILY Ordinance No. 9351. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMEI?DING TITLE 21 OF THE MUIdICIPAL CODE BY GRAPJTIMG A PRE-ANNEXATION CHANGE OF ZONE FROM COUNTY L-C (Limited Control) TO CITY OF CARLSBAD P-C (Planned Community) ON PROPERTY LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD, EASTERLY DWELLII\IGS, TO BE KNOWN AS PONDEROSA HOMES. OF EL CAPIINO REAL, FOR CONSTRUCTION OF 420 SINGLE-FAMIL 1 [99] (b) Agenda Bill #2010. *To consider a Specific Plan to allow development of an apartment complex con- sisting of twenty (20) two'-bedroom units on property- located on the westerly side of Harrison Street, south- erly of Chinquapin Ave. Applicant: Arthur L. Doty. The City Clerk presented the Affidavit of Publication. and a motion was made that the Affidavit of Publication be accepted and ordered filed. The Clerk reported no correspondence had been received. A staff report was, given by the Planning Director regarding the proposed Specific Plan and it was pointe out, the Specific Plan, as requested, will not affect the circulation system as it presently exists. Mr. John Fox, 4215 Harrison Street, Carlsbad, spoke in favor of the apartment complex. The Public Hearing was closed at 8:38 P.M. and dis- cussion was held by the Council centering primarily on Item I'R" of Resolution No. 3118; regarding the de- veloper reaching an agreement with the school. district for future school requirements. Councilman McComas offered Resolution No. 3118 for adoption by title only with further reading waived. Prior to a second, dis- cussion was initiated by Councilman Chase as to the deletion of Item "R" of the Resolution. Councilman McComas moved that the moticn to adopt Resolution No. 3118 be amended and the Resolution was adopted as follows: Resolution No. 3118. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FIND- INGS AND DECISION REGARDING SPECIFIC PLAN (SP-101) FOR PROPERTY LOCATED ON THE WESTERLY SIDE OF HARRISON: STREET, SOUTHERLY OF CHIfjQUAPIN AVENUE TO DEVELOP A TWENTY (20) UNIT APARTMENT COMPLEX, subject to the ~ inclusion of the words "will endeavor to" deleting the word"sha1l'and the deletion of the last sentence Item I' R " . Mr. M. ,411kn Kelly, 3445 Spar;ish Way, Carlsbad,,a member of the Carlsbad Unified School Board informed th? Counci 1 t.he School Board has ?repared a formula for developers but it is not y2.t completed and will be discussed with the Cnuncii in the near future. .. . ITY OF CARLSBAD May 1 , 1973 -4- ~~ -> 1ne foilowing Ordinance was given a first cea.ding by title only with further reading waived: Ordinance No. 9352. AN ORDII'4ANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CITY cour1cIL ORDINANCE NO. 9233. I [43] (c) Aaenda Bill #2071. To consider an appeal of the decision of the Planning Commission in granting a Conditional Use Permit to allow construction of the Church of the Nazarene and related facilities, on pro- perty generally located at 2675 Highland Dr. Appellant Joseph Compton. The Affidavit of Publication was presented by the City Clerk and a motion was made that the Affidavit of, Publi ation be accepted and ordered filed. The Clerk informe the Councilaletter of opposition had been received from Joseph & Hilda Compton, 2715 Morning Glory Lane, and Ralph G. and Lucile S. Ziegler. Also a petition in opposition to the proposed project signed by 41 proper- ty owners. Letters were received from Rae and Southard Hauso, 1390 Forest Ave., and Taiko Matsubara, 1360 Forest Ave., requesting their names be striken from the .petition in opposition and-stating their support of the proposed Church site. A letter was received from Richard A. Fuller, M.A.I., stating his profession8 opinion as an Appraiser would support the Church site. A letter was also received from Mr. William Hart with attached letter from E. C. Williams, County Assessor. As requested, the letter from the County Assessor, st'af ing that the land use as proposed, would have no deletc ous effect on market values if th2 project was well planned, was read aloud by the City Clerk. A staff report was provided by the Planning Director who informed the Council there is an existing building on the property which will be utilized as a ternporary structure for services with approximately 80 persons attending on Sundays and Wednesdays only for a period of one year when the new church is expected to be corn- pleted. The existing building, upon completion of the church will be used as an office. The City Planner presented a transparency and referred to. a .graphic supplied by the applicant, reviewing the traffic patter in the area. Questions were asked of the Planner by the Counci 1. I I I L ?" I Mr. Nick Sauer, 2965 Roosevelt St. , Attorney represent- ing Church of the Nazarene, presented his avgument for the Church and urged unanimous approval of the Condi- tional Use Permit. e Also heard was Pastor Dick Miller of the Church of the Nazarene, 704 West Street, Oceanside, who explained the function of the Church and the reas'on for the need to relocate. A prototype of the Church was presented for review and Mr. Sauer indicated the location of the exis ing building and the proposed parking area. It was pointed out that Highland Drive would in no way be effected by the church. Questions regarding fencing, ingress and egress and other matters pertinent to the project were answered by Pastor Miller and Mr. Sauer. I Mr. Joseph Compton, 2715 Morning ]Glory Lane, requested the City Clerk read the state3;lent at the top of the I mUNcltMEb .. .. .. - CITY QF CARLSBAD -5- Play 1, 1973 1‘ 1 e 0 petition. He expressed his opposi.tiori to the proposed project and stated that the majority of property owner! in the area were opposed to the project. The following persons expressed their approval of the pyoposed project: Mr. Bill Boger, resident directly across the street from the proposed project. Mr. Bud Gilligan, 3251 Carolyn Circle, Oceanside. Mr. Jim McAlister, 2885 Highland Drive, Carlsbad, located abou 100 feet north of where this property abutts Highland Drive. Mr. Daniel DeHaas, 2652 Highland Drive, Carls- bad. .The Public Hearing was closed at 9:50 P.M. and lengthy discussion was held by the Council. The following Resolution was adopted by title only with further read ing waived, denying the appeal: Resolution No. 3123. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DENYING THE APPEAL OF THE DE- CISION OF THE PLANNING COMMISSION IN GRANTING A CONDI- CHURCH OF THE NAZARENE AND RELATED FACILITIES, OM PRO- TIONAL USE PERMIT TO ALLOW THE”CONSTRUCTI0N OF THE PERTY GENERALLY LOCATED AT 2675 HIGHLAND DRIVE. The reasons for denial are as follows: 1) Through evidence presented, there appears to be no foundation for denying the CondiTional Use Perrni 2) The proposed development will not be detriment to the surrounding properties. 3) The proposed site is suitable for this type of devel opment. 8- DEPARTMENTAL REPORTS: A. Building Department. 1841 1. Agenda Bill #2012. . Approval of Capital Outlay expenditure for purchase of Calculator for Buil ing Department. Following brief discussion, a motion was made. that approval be given for the expenditure of $254.21 from Account #9.1, Cap.ita1 Outlay, for an unbudgeted Citize Calculator purchase. B. Finance Department. cs 0 I- 1. Agenda Bill #2013. Approving procedural change For implement2tion of’Senate Bill 491. re: Court fines and fees. An explanation was offered by the Finance Director anc it was pointed out that almost all of the cities in ~ the County have adopted this procedural change. ~ The following Resolution was adopted by title only .wit ’ further reading waived: Resolution No. 3119. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE USE OF STATISTICAL SAMPLING TECHNIQUES IN THE DISTRIEl TION OF CERTA-Ibl COURT FINES ANE FEES PiJilSUANT TO SEC- I i TION 1463.5 OF THE ’ENAL CODE- * . . . . . .. ~ ._... _..._ .“... . ._ ... .._ ... . .. -. . .. ., O3hJNCDLMEb - .. CITY OF- ' CARLSBAD WUNClLIWEE - 6 -. May 1, 1973 4. r 931 2. Agenda Bill $2074. Sewer Capital Contributions. I Brief discussion was held and the following Ordinance was given a first reading by title only with further reading waived: Ordinance No. 7041. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 13.08.080 OF THE MUNICIPAL CODE TO PROVIDE FOR THE DE- POSIT OF SEWER CONNECTION FEES IN THE JOIRT SEGlER CONSTRUCTION FUND FOR CAPITAL IMPROVEMENTS TO SAID SYSTEM. C. Library. CW 1. Agenda Bill #894. - Supplement #2. Presentation of Master Plan for Carlsbad City Library by Mr. Raymond Holt. Mr.. Raymond Holt made a presentation on the future needs of the City of'Carlsbad-,.. . and introduced slid and statistics. He further stated that a written re- port on the Mzster Plan had previously been distribute to the Council. e d Following the presentation, Mr. Holt was advised that further consideration would be given this report. D. Parks and Recreation. c701 1. Agenda Bill #lOOO. Authorization to ex- pend funds for revision and automation of Rotary Park Irrigation system. It was agreed by the Council that this matter be tabled. and Mayor Dunne commented he would like to pursue this to determine what is being done in the legislature with regard to municipal tax exemption, regarding property leased by the City. E. Planning. I 1. Agenda Bill X2015. Tentat'ive Map for E::?sbad Tract 72-25, to be known as Ali.cante Hills located easterly of Altisma Way and southerly of San Diego Gas & Electric Co. 100' easement in La Costa. Following a staff report by the City Planner kjhich in== cl haded a .tran$paren~y:.'_n..f'_ ~I.._-~~:-~r.:!~,.af@d.. &yel:~.-.~~-n'+ the Prlncipal Civil Engineer:-;~fo.rmed., the. Counci'l tha't an amendment has beeimade to item #6 of Resolution No. 3120 whjch has been agreed upon by the applicant. He stated the change would include the applicant's dedica- tion of a 60' right-of-way and would require the appli- cant to enter into an agreement with the City to con- struct a standard 40' curb-to-curb public street or a I?.." . -b ? 4' wide paved emergency roadway within said right-of- aY - iscussion was held by the Council and the fol'iowing esolution was adopted by title only with further eading waived: 0 t 1 .. -- I 9L2, Moti Ayes , CITY OF CARLSBAD aUNCltMbr3EN -7- May 1, 1973 ~~ ~~ ~ ~~~~-~__ " - I ,. Resolution !Ye, 3120. ,4 RES9LUTION OF THE CITY COUNCI OF THE CITY OF CARLSBAD, CALIFORNIA, APPRO\lIiilG TENTA- TIVE MAP (CT 72-25) FOR DEVELOPMENT OF CONDOPjINIUM UNITS, ON PROPERTY^ LOCATED EASTERLY OF ALTISMA WAY AND SOUTHERLY OF THE 100' SAM DIEGO GAS AND ELECTRIC HILLS, subject to the deletion of the word "shall" to be replaced by the words "will endeavor to'' and the. deletion of the last sentence in Item iscl in the Resolution and further, subject to the amendment to Item 86 of the Resolution. COMPANY EASEWENT IN LA COSTA, TO BE KNOWN AS ALICANTE c991 2. Agenda Bill $721 - Supplement #l. Request for extension of one year for tentative map Carlsbad Tract 72-4, and Specific P1.an known as Beach Colony. The City Planner presented background information on Beach Colony which he stated was approved about two years ago. The Tentative Map,was approved about one year ago and is due to expire shortly. He fur- ther stated that Beach Colony is in the process' 0.f litigation and the reason for the request for exten- sion of time is to comply with the Environmental Quality Act, which was not in effect when the develop ment was approved and further to allow Beach Colony to prepare for 1 i tigation on the portion of property on the beach. The City Attorney informed the Council he had directe a letter to Beach Colony. Upon the advice of the City Attorney, no action was taken and a motion was made that the report be acknowledged and ordered filed. I A recess was called at 71:17 P.M. and the Council reconvened at 11:32 P.M. I371 3. Agenda Bill 81077. Establishment of Developmental Policy as it affects "Critical Planninc Issues". Following discussion by the Council, it was agret2d the matter be continued until the next. regular meetir and the Mayor requested that the areas under consider ation be delineated. I ADDITIONAL BUSINESS: [28]- (a) Appointments to Boards and Commissions. This matter was taken.out of order and is listed as Agenda Item 810-A-1. Mr. A. 3. Skotnicki requested to be heard by the Council regarding his letter to the Council dated April 23, 1973 relative to appointments to 6oards and Commissions. -Permission was granted to Mr. Skotnicki and he informed the Council it was his opinion that all appointments to Boards and Commissit should be preceded.by a list of those being consider- ed for any Board or Commission and that said list should be made public for public in-put. He stated that this would be in agreement with a policy estab- lished by Mayor Pete Wilson of San Diego. Further, he suggested that the Council consider the inclusion in any ordinance or addition to the code relative to boards and commissions, a provjsion for a limited tenure. 7. -1 ! I i I I 1 ~ I i j j I ~ I 1 I I I ~ 1 , 3 - 1 I. r ns ~ I I , .. ,, > 1TY OF CAFILSBAD aUNa.LMEM " i. May 1, 1973 -8- ,.. .. Also hearci. b!/ th2 Council ~2s Xr. Max Annos, 4310 Ke'il Street, Carlsbad, who inforned the Council many citi- zens in Carlsbad are concerned over the up-coming appointments to the Planning Commission and feel thes are very important appointments. The Council inforined those present that recommzndatio for appointment received from individuals and organi- zations are taken into consideration, as we17 as from individua-1s requesting to be considered, so that there is public in-put. c993 (b) Agenda Bill #2022. Carlsbad Tract 72-21 Unit #l (subdivision ?ying easterly of El Camino Real and southerly of Marron Road extension) Larwin - Tang1 ewood. Following brief discussion, a notion was .'made that th Final Map of Carlsbad Tract 72-21 Unit #7 (Larwin- Tanglewood) be approved, subject to the completion of conditions in Resolution No. 2059 within a 20-day time limit, and the Mayor was authorized to execute a secured trdffic signal agreement. S [631 (c) Agenda Bill #2023. Emergency Repairs to Library Air Conditioning System. I The Public Works Director reported the dismantling of the cooling tower of the air conditioning in the Library as part of routine maintenance and it was discovered extensive repair was necessary. Estimates have indicated that repair costs approach that of . a new tower. Following discussion, Resolution No. 3124 was adopted by title only wit'h further reading waived: I Resolution No. 3124. A RESOLUTION OF THE CITY COUN- ING FUNDS FOR EMERGENCY REPAIRS TO THE LIBRARY AIR - I CIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIAT- CONDITIONING SYSTEM. 12- RATIFICATION OF BILLS AiiD PAYROLL: I Ratification was given the payment of bills for the General Expenses of ,the City in the amount of $106,842.63 and the Water Department in 'the amount of $9,356.76 for the period April 16, 1973 through April 30, 1973, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was. given the payment of the pay- roll in the amiunt of $86,494.46 for the period April 16, 1973 through April 30, 7973, as certified by the Director of Finance and approved by the Audit i ng Commi ttee. . 13- ADJOURNMENT: By proper motion, the meeting was adjourned at 12:OO Midnight to May 2, 1973 at 4:OO P.ftl. in the Council Chambers. NORA K. GARDINER Recording Secretary i j i i i i ! i . . . . . . . .. ..