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Home My WebLink About1973-05-15; City Council; MinutesCITY OF CARLSBAD e 1 I Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 15, 1973 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers - v I.. 1- :" ROLL, CALL: 2- INVOCATION: 3- PLEDGE OF ALLEGIANCE: 4- APPROVAL OF MINUTES: I (a) Minutes of the regular meeting of May 1, 1973, were approved as presented. (b) Minutes of the adjourned regular meeting of May 2, 1973, were approved as presented. 5- COUNCIL COMMITTEE REPORTS: I Reports were given by Councilmen Lewis and McComas and no action was taken. [68] Agenda Bill #2036. (Agenda item 11-A-3) Councilman Frazee brought out the various choice and problems on the Amendment to Joint Powers Agreement regarding the weighted voting formula for CPO. The Council discussed the fact that no absolute position could be taken on- the four choices available because the amendment require the unanimous approval of all 13 cities in orde to become effective. Mr. Frazee was encouraged to do the best he could in light of the many discussions on the subject by the Council, and to accept a minimum of four member agencies on the weighted vote. [llO] CMWD Citizens Water Study Committee. It was th concensus of the Council that any further action regarding a consultant to study the proposed merger of CMWD and the City Water Department be deferred pending the results of the Committee's study and recommendations, and that the CZty - give any possible help to the Committee in thei efforts. I S < I? The City Manager was instructed to prepare a letter to this effect. I [91] Schools. Mayor Dunne brought up for discussior a letter received from the School District requesting a joint meeting between the Board and the Council for the purpose of discussing school facilities, both present and future needs. The new Board members would also be included in the meeting. 1 The Council directed the City Manager to con- tact the School District and confirm June 18 a.s the first meeting date, and further to indicate that additional meetings will be in order. DEPARTMENTAL REPORTS: j 7- I A. City Clerk. i I 1. Agenda Bill #2030. Proposed annexation of property, South Carlsbad Annexation No. .1.15 (Rancho La Costa, a Partnership - Ayers) I I I COUNCILMEN .9R Prese Motio Ayes Motio Ayes . n xxxx X .. , . '. .. . 13- 8 0 1" RLSBAD -2- May 1 5 3 1 97 3 .. 3- i ! I i I j .: ,. The "city Clerk stated the proposed property for annexation had been approved by LAFCO, December 4, 1972, subject to the condition that the description of the boundaries of the territory be modified so as to conform to that contained in LAFCO Resolution CA-72-25. Mrs. Adams fur- ther stated that new boundary maps have been submitted by the applicant and the matter is now ready to be set for hearing. Following discussion by the Council, Resolution No. 3131 was presented and adopted. RESOLUTION NO. 3131. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROPOSING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND KNOWN AS THE SOUTH CARLSBAD NO. 1.15 ANNEXATION TO THE DATE FOR A HEARING OF PROTESTS HERETO. CITY OF CARLSBAD, CALIFORNIA, AND SETTING A 1701 B. Parks and Recreation: 1. Parks and Recreation status report was acknowledged and ordered filed. C. Public Works. C991 1. Agenda Bill #lo82 - Supplement 81. Approval of final map for CT 72-18, Unit 1, located east of Park Drive and south of Tamarac Avenue. (Klug/Briggs) The City Engineer stated that the final map conformed substantially to the conditions of the tentative map; the project has been delayed pending the Coastal Commission giving approval. Following Council discussion, a motion was made to approve the final map subject to the condi- tions of Resolution No. 2047. [99] Agenda Bill 82037. (not 1isted.on Agenda) Carlsbad Tract 73-22, Tentative Map and 'Final 1 Map request for approval, a:condom;nium located at 2348 La Costa Avenue. (Tres Verde) Following a staff report and discussion by the Council, Resolution No. 3134 was presented, and i tem (6) was amended to read "endeavor to work with," and the resolution was adopted. RESOLUTIOR NO. 3134. A RESOLUTION OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP OF CARLSBAD TRACT 73-22. -(Tres Verde) A motion was made to approve the final map for CT 73-22; the motion carried by the follow- l ing vote: 1 -. .. j aUNCI%MEf - d 1 B O'TY -3- Pl a.y -1 5 , 1 9 7 3 .: 6- .. PUBLIC HEARINGS: i The hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearings open. [113] (a) Agenda Bill #2024. To consider a zone change request from R-1-10,000 to P-C, adoption of a Master Plan, on property south of Palomar Airport Road and east of Lowder Lane. (McReynold The Affidavit of Publication was presented by the City Clerk. It was accepted and ordered filed. Don Agatep, Planning Director, gave a staff report, stating that the proposed zoning and master plan were compatible with the area. Mayor Dunne invited the public to speak; Dr. McReynolds, owner, addressed the Council. He requested that the Council delete condition two (2) of Planning Commission Resolution #896, stating th.at completion of the City's General Plan revision would not affect the development. The staff confirmed this opinion. No one else wished to be heard and the public hearing was closed. The Council discussed the proposed development and the Environmental Impact Report was accepte f as presented. RESOLUTION NO. 3125. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, .CALIFORNIA, CHANGE OF ZONE FROM R-1-10,000 TO P-C (Planned Community) FOR PHASE I1 AND 111, ON 79.4 ACRES PORT ROAD AND EAST OF LOWDER LANE, (McReynolds) was presented by title only and adopted. Ordinance No. 9353 was presented and given a first reading by title only. 0RDINANC.E NO. 9353. AN ORDINANCE .OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY P-C (Planned Community) FOR PHASE I1 AND 111, ON 79.4 ACRES OF LAND GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF LOWDER . LANE. . (McReynolds) ANNOUNCING FINDINGS AND DECISION. REGARDING OF LAND GENERALLY LOCATED SOUTH OF PALOMAR AIR- GRANTING A CHANGE OF ZONE FROM R-1-10,000 TO > Resolution No. 3126 was presented, and it was stipulated that item 4- be amended to include "except for item two (2) of Planning Commissio Resolution No. 896." 1 RESOLUTION NO. 3126. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MASTER PLAN FOR PHASE I1 AND IZI,ON 79.4 ACRES OF LAND, GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF LOWDER LANE was adopted as amended. I aUNCfbblEN . .. "T Y $ ? CBTY F- CARL AD - 4- May 15, 1973 .. [113] (b) 'Agenda Bill #2025. Request for preannexat zone change f-rom County A-3(8) to City P-C, on property located northerly of Olivenhain Road, east of El Camino Real, to be known as EL CAMIN GLENS. (La Costa Land Co.) The City Cle.rk presented the Affadavit of Pub- 1 ication; It was accepted and ordered fi1e.d. There were no communications. A staff report was given by Don Agatep, wherein he stated that no Master Plan had been submitted The effect of zoning this property P-C would be as' a holding zone until a Master Plan is sub- mitted and densities are determined. There are no plans to develop the property in the near future.' The public was invited to speak. Jack Raines of Rick Engineering spoke on behalf of the .applicant. No one else wished to be heard and the public hearing was closed. 4 Following discussion by the Council, the Envi- ronmental Impact Report was accepted by the following vote: Resolution No. 3127 was presented and adopted. RESOLUTION NO. 3127. A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING PREANNEXATION CHANGE OF ZONE FROM A-3(8) TO P-C (PLANNED COMMUNITY) ON PROPERTY LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD AND EAST OF EL CAMINO REAL, CONSISTING OF 311 ACRES, TO BE KNOWN AS EL CAMINO GLENS. ORD1,NANCE NO. 9354. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A PREANNEXATION CHANGE-OF ZONE FROM SAN DIEGO COUNTY A-3(8) TO CITY OF CARLSBAD P-c (PLANNEDXOMMUNITY) ON PROP'ERTY LOCATED ON THE NORTH SIDE OF OLIVENHAIN ROAD AND EAST OF EL CAMINO REAL, CONSISTING OF 311 ACRES, TO BE.KNOWN AS EL CAMINO GLENS, was presented and given a first reading by title only. (c) Agenda Bill #2026. To consider the accep ance of the Fina.1 Environmental Impact Report and the adoption of a Specific Plan on property west of Rancho Santa Fe Road, north of La 'Costa Avenue, known as La Costa Vale 2-3. (LaCosta) The City Clerk pr.esented the Affidavit of Pub- lication. It was accepted and ordered filed. There was no correspondence to present. A staff report was given by the Planning Direc tor. The City Manager informed the Council that the park site does not conform to the par site requirements as it does not have access b way of a through street. It was suggested tha the physical design of the park site be subjec to the approval of the Parks and Recreation Director and the City Engineer. cbx3UNCBtMfN 2 on ~ I I Mot i Ayes Mo ti Ayes Noes Mo ti Ayes Noes $TY F 'CARL B uUC!LbjE; - 0 0 T - 5- May 15, 1973 + .: The pub1 ic was invited to speak ,and Jack -Raines spoke on behalf of the developer. Mr. Jack Sprague, 3050 Rue DeArlene, San Diego, addresse the Council, urging a larger park site and installation of a ball park. I Discussion was held as to grading a portion of the site to provide for a flat area. The staff was instructed to work with the applicant as to parks and grading areas. The City Manager stated he had met with the developer and school sites had been discussed. However,. there was no definite commitment as to sites, A motion was made to continue the hearing to June 5, 1973, to allow further staff work. RECESS: Mayor Dunne called a recess at 8:45 and reconvened the meeting at 9:OO P.M. [99] (d) Agenda Bill #2027. To consider the Final EIR f i led by Occidental Petroleum Land and Dev- elopment Company on 163 acres generally located on the west side of 1-5, north and south of Poinsettia Lane. The City Clerk presented the Affidavit of Pub- lication. It was accepted and ordered filed. There were no communications. A staff report was given by Don Agatep. The City Manager pointed 0u.t that no dedication of land to the City has been made regarding parks, fire station, or schools, though these are indicated in the Environmental Impact Report. It was also pointed out that because of the piece by piece development of the parcel, theri has not been a Specific Plan filed on the entire parcel. It was further indicated that Occ-idental will probably sell portions of this area rather than develop it themselves, there- fore land dedication will probably occur on an incremental basis. The City Manager suggested to the Council that it be noted in the minutes if the EIR is accepted, that the acceptance is based in part on the indicated locations and dedication of land for parks, fire station and school sites. I 2 NO one from the'audience wished to speak and the public hearing was closed. The Council ,discussed the EIR and a motion was made to accept it. Resolution No. 3130 was presented and correcte . :.:>.. .. by changing "Specific Plan" to"Master Plan" iri . . item (3). . - CITY OF CARLSBAD -6- May 15, 1973 * .. I. RESOkUTION NO. 3130. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 71-2) FOR DEYELOP- MENT OF A PLANNED COMMUNITY MOBILE HOME PARK, FREEWAY SERVICE FACILITY, SERVICE STATION COM- MERCIAL'CLUSTER AND COMMUNITY SHOPPING CENTER, ON 163 ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF SAN DIEGO FREEWAY, NORTH AND SOUTH OF POINSETTIA LANE. (Occidental Petroleum) Resolution No. 3130 was adopted as corrected. [85] (e) Agenda Bill #2028. To consider the Final Environmental Impact Report for Buena Woods and Grove apartments deve1opmen.t filed by Kamar Construction Co. The City Clerk presented the Affidavit of Pub- lication. It was accepted and ordered filed. There were no communications. A staff report was given wherein it was pointed out that the EIR was on the entire Hosp Grove development. Mr. Agatep, Planning Director, said the developer has given his word to make every effort to maintain the integrity of the Grove. The City Engine.er stated that the work done by the consultant .on the project had been reviewed and it appears that a great deal of effort has been made to control the natural and unique qualities of the Grove. No one in the audience wished to speak and the public hearing was closed. I The Council discussed the content of the EIR and expressed concern because of no provision for school sites. The staff stated that at the time the Master Plan was approved there seemed to be no suitable site available and the sit- uation has not changed. ! A discussion on the intent of the Environmental Impact Reports was held and Nicholas Banche, local attorney, spoke to the subject. The City Attorney advised the Council that an EIR tould not be rejected but could; should it be 'deemed inadequate, returned for additional input and information. Following discussion by the Council in which the staff was ur'ged to resolve the school issue, a motion was made to accept the EIR. [113] (f) Agenda Bill #2029. An appeal of the decision of the Planni'ng Commission in denying a request for preannexation zone change from County A-l(8) and E-1(A) to City R-1-7500, RD-M! P-C and C-1 zones, on property north of Batiqui- tos Lagoon and west of El Camino Real. (Ayers) The City Clerk presented the Affidavit of Pub- lication. It was accepted and ordered filed. The City Clerk read a letter received from Mr. and Mrs. Edward M. Rose, 7252 Estrella'de Mar, Carlsbad, requesting the Council support the denial of zone change by the Planning Commission. COUNCiLMEN /03 Motion xxxx Ayes X , Motion xx Noes xx Ayes X b tTY F CARLSBAD - May 15, I973 -/- 2W.M" 0 e 9 ~ ~ ~ ~~"~_ "." .~ I Mr. Donald Ayers, owner of property proposed for annexation, requested the hearing be con- tinued to June 5, 1973. No one in the audience objected to the hearing being continued, and by Council consent it was continued to June 5, 1973. 3 7- DEPARTMENTAL REPORTS: I D. Purchasi ng. I C841 1. Agenda Bill #lo79 - Supplement #l . Request for approval of tanker truck specifi- cations and authority to invite bids. Jerry Pieti informed the Council this item had been considered in March and had been continued to a later date to allow inclusion of this item in the budget for 1973-74. The Council discussed the matter and Resolution No. 3095 was presented and adopted. RESOLUTION NO. 3095. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.CARLSBAD, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZING THE PURCHASING AGENT OF THE CITY TO INVITE BIDS ON A TANKER TRUCK. M41 2. Agenda Bill #2037. Bid proposal fo-r purchase of Patrol Boat. I Funds for the purchase of a Police Patrol Boat are presently available through CCCJ Grant Fund as authorized by Resolution 1944, Project 1208, adopted January 18, 1972, and Resolution X3066 adopted February 6, 1973. I RESOLUTION NO. 3132. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I ACCEPTING A BID AND AUTHORIZING-THE EXECUTION OF A CONTRACT FOR PURCHASE OF POLICE PATROL BOAT bas presented and adopted.. E. City Manager. c321 . 1. Agenda Bill 8747 - Supplement #3. Lease or purchase of surplus freeway parcels. Approximately a year ago it was the Counci1:s decision to lease from the State' three parcels of surplus freeway property along Pi0 Pico. Recently, communications received from the Sta Highway Commission urged the purchase of these parcels, quoting a current market price of $6,250, and r.ecommending a five-year installme contract at 7% interest on the unpaid balance. Following discussion, the staff was instructed to come back with an Agenda Bill and informa- tion for the purchase of the three parcels. WUNCSi w $ a I a UNCI!" EM -8- I. [I wj 2. Agenda Bill f2032. Sale of City Water p/- Department property. I Mr. Baldwin, Assistant to the City Manager, gave a slide presentation of four (4) pieces of property belonging to the City Mater Department and a City owned lot on Basswood. Surplus Water Department properties being studied were: Sump property - Foussat Street, Oceanside Mesa Reservoir - Mesa Drive, Oceanside Reservoir - Arland, Carlsbad Bonsall. - potential use, agricultural The Council directed Mr. Baldwin to proceed and to prepare data on. each parcel individually for Planning Commission consideration, and to bring back to the Council in bid form. RECESS: Mayor Dunne ca1led.a recess at 10:55 P and reconvened the meeting at 11 :15. 8- ORDINANCES' FOR ADOPTION. The following ordinances were offered for a second reading and adopted. I [113] (a) Agenda Bill #2009. ORDINANCE NO. 9351. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A PREANNEXATION TO CITY OF CARLSBAD P-C (PLANNED COMMUNITY) ON HAIN ROAD, EASTERLY OF EL CAMINO REAL, FOR TO BE KNOWN AS PONDEROSA HOMES, adopted by ti tl e only. - CHANGE OF ZONE FROM COUNTY L-C (LIMITED CONTROl PROPERTY LOCATED ON THE NORTH SIDE OF OLIVEN- CONSTRUCTION OF 420 SINGLE-FAMILY DWELLINGS, [113] (b) Agenda Bill #2010. ORDINANCE NO. 9352. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CITY COUNCIL ORDINANCE NO. 9233, adopted by title only. (Arthur Doty - 20 Unit Apartment Complex) - [93] (c) Agenda Bill #2014. ORDINANCE NO. 7041. AN.ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 1 CARLSBAD, CALIFORNIA, AMENDING SECTION 13.08.080 OF THE MUNICIPAL CODE TO PROVIDE FOR THE DEFOSI OF SEWER CONNECTION FEES IN THE JOINT SEWER CO SYSTEM., adopted by title only. STRUCTION FUND F-OR CAPITAL IMPROVEMENTS TO SA1 9- CONSENT CALENDAR: A. CORRESPONDENCE - Advisory. (1) Agenda Bill #2033. Letter from the Advisory Committee for Senior Citizens' Affairs was acknowledged and the Mayor urged Councilme to carefully consider the information containe in the letter. The City Manager was asked to render his opinion of the information and to contact Mr. Monell in this regard. b u M I IT -9- 7 !' b '! ! May 15 P , .. w.1 .. 10- L-311 C281 L-6M 74 C681 7 2- 13- I 1 , 1973 B. Resolution: Agenda Bill #2Q34. Resolution No. 3133, urging adoption of legislation author izing public agencies to fix and collect charge for installing and maintaining fire hydrants was continued at the request of Councilman Chas CURRENT BUSINESS: (a) Agenda Bill #2035. Request by Richard Whittington for cardroom license was continued to June 5, 1973, at the request of Mr. Whitting ton. EXECUTIVE SESSION: Mayor Dunne called an executive session at 11:25 to discuss appointments and personnel; the meeting resumed at 11:50 P.M., and the Mayor announced the following nominations: 1. Agenda Bill #1085. Ray Walton, Fire Pro- tection Improvement Committee. 2. Agenda Bill #7096. Roy Palm'ateer, Mary Casler and Gary Wrench - Planning Commission. A motion was made to appoint the nominees as presented. 3. Agenda Bill #2036. Amendment to Joint Powers Aqreement re weiqhted votins formula for CPO was discussed d;ring Council Commi ttee reports earlier in the evening. RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills fol General Expenses of the City in the amount of $157,302.75; the Water Department in the amoun' of $5,130.03; Water Construction in the amount of $79,630.72, and Investments in the amount 0- $300,000, for the period May 1, 1973, through May 15, 1973, as certified by the Director of Finance and approved by the Auditing Committee Ratification was given the payment of the pay- Poll in the amount of $78,792.05 for the periol May 1, ,1973, through May 15, 1973, as certifiel by the Director of Finance and approved by the Audi ti ng Comrni ttee. , ADJOURNMENT: By proper motion, the meeting was adjourned at 1T:55 P.M. Respectfully submitted, /-I W/k.dd 2? [&iW MARGAR~T E. ADAM City fierk Virginia M. Smith Recording Secretary su WUNC4LMEN. -