Loading...
HomeMy WebLinkAbout1973-07-03; City Council; Minutes (2),- . .. .. . ... r .. . I. Ci?Y Qf- CARLSBAD D I Meeting of: ' CITY COUNCIL (Regular Meeting) Date of Meeting: July 3, 1973 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers <.. ~ ~ _~~_~~~~~.".~~ .. 1- ROLL-' CALL: 2- INVOCATION: 3- PLEDGE OF ALLEGIANCE: 4- APPROVAL OF MINUTES: (Approved by one motion) (a) Minutes of the adjourned regular meeting held June 18, 1973 were approved as presented. (b) Minutes of the adjourned regular meeting held June 19, 1973, were approved as presented. (c) Minutes of the regular meeting held June 26, 1973 5- CITY COUNCIL COMMITTEE REPORTS: [28] (a) Swimming Pool Committee. Councilman Lewis reported on .a meeting-.held by the Swimming Pool Committee and stated it was suggested that an outside Committee be appointed consisting of two members of the Sw-imming Pool Committee, two members of the School Board and two members of the Council to work on the Joint Powers Agreement.. It was agreed by the Swimming Pool Committee that Ed Moneypenny and Gail Dupris be appointed from that committee. Councilman Lewis infor ed the Council that following the Council's appointmen of two members, the School Board would be contacted an requested to appoint two members from the Board. Discussion ensued and it was agreed that Councilman Lewis and Councilman Frazee be appointed to a committ to work on the Joint Powers Agreement, as requested by the Swimming Pool Committee. [28] (b) Water Committee. Councilman McComas re- ported that the Water Committee has appointed' Knox Williams as its new Chairman. 6- . HOUSING AUTHORITY: [lo51 The Council adjourned to the Housing Authority at 7:lO P.M. and reconvened at 7:29 P.M., with all Councilmen present. 7- PUBLIC HEARINGS: [99] (a) Agenda Bill X2039. (cont. from 6-5-73) To consider the Final E.I.R. and an appeal of the decision of the Planning Commission in denying a re- quest for a zone change. from R-A .to R-3, and the adop- tion of a Specific Plan on property located North of Ocean Street and South of the Buena Vista Lagoon Flood Control Channel. Apellant: Mid-Continent Properties. 1 Mr. Alex McDonald, Attorney representing Mid-Continent Properties, informed the Coclncil the Appellant has requested wi thdrawl of the Appeal. It was agreed by the Council that the request .to withdraw the Appeal be approved. .. COUNCiLMEN ITY CF CARLSBAD ~UMCILlVTN a -2- July 3, 1973 1 /3j? I .. ,. E99j (b) -\Agenda Bi 11 #2063. (cont. f,rom 6-19-73) To consider the Final E.I.R. and the Specific Plan for development of a 97 lot single family subdivision on property located East of Alga Rd. between Balilonia and Alfil Way, to be known as La Costa Estates North. Applicant: La Costa Land Go. The City Engineer informed the Council that contact has been made with the Leucadia County Nater District and he feels the sewer problem has been resplved. It was recommended that if approval be given this develop ment, a stipulation should be made that a "No Occupanc Permit" be issued until such time as Leucadia County Water District can report to the City that sewer ser- vice will be available. It was the recommendation of the City Manager that the matter be tabled unless there is a resolution of the school problem and what pro.visions will be made for open space. It was 'pointed out by the City Attor ney that the Master Plan for La Costa outlines certain .park sites but nothing in the way of park sites has developed. I Mr. Jack Raines,. Rick Engineering, representing the applicant spoke to the question of park and school sites. The Public Hearing was closed at 8:05 P.M. The City Attorney informed the Council that the time to consider. availability of services is at the time of the annexation or a request for rezoning. He fur- ther pointed out that there is no law governing the control of cooperation by a developer with the various school districts affected by a new development..in the City of Carlsbad. Lengthy discussion ensued by the Council with regard to school site dedication and open space.. A motion was made that the Final Environmental Impact Motion Report, for La Costa Estates North, be adopted. Ayes X The following Resolutions were adopted'by title only Noes with further reading waived. Resolution No. 3151. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDIN 6 S I AND DECISION REGARDING SPECIFIC PLAN (SP-112) TO ALLOW DEVELOPMENT OF A 97 LOT SIMGLE-FAMILY SUBDIVISION ON X APPROXIMATELY 136 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF ALGA ROAD BETWEEN BABILONIA STREET' AND ALFIL WAY TO BE KNOWN AS LA COSTA ESTATES NORTH Resolution No 3152. A RESOLUTION OF THE CITY COUNCIL -BAD, CALIFORNIA, APPROVING TENTA- -x TIVE MAP (CT-73-10) TO ALLOW A 97 LOT SINGLE-FAMILY LOT SUBDIVISION, PROPERTY LOCATED ON EAST SIDE OF ALGA ROAD BETWEEN BABILONIA STREET AND ALFIL WAY, TO BE KNOWN AS CA'COSTA ESTATES NORTH, subject to Condi- tion No. 22 being added, which shall read as follows: 1 "A No Occupancy Permit will be issued until such time as the Leucadia County Water District indicates, to the satisfaction of the City Engineer, that adequate sewer facilities are available". s 2 1 2 CITY QF CARLS0AD COUNCILMEN -3- and I ndus tri a1 zones. be accepted and ordered filed. The Clerk reported no correspondence has been received A staff report was given by the Planning Director ex- plaining the purpose of this proposed amendment. W. Allen Kelly, 3455 Spanish Way spoke in opposition to the proposed amendment, stating it.is one more Mr. Fred Harris, 773 Camellia Place, inqui-red why a newspaper office would need a CUP if an R-P Zone aJlows any kind of office to be established. The Mayor decla-rcd .the.Public Hearing closed. The following Resolution was adopted by title only wit futher reading waived: Resolution No. 3158. A RESOLUTION OF THE CITY COUNCIL TO ALLOU NENSPAPERS, PRINTERS..IN R-P (Residential- Professional), COMMERCIAL AND INDUSTRIAL ZONES WITH . A CONDITIONAL USE PERMIT. The following Ordinance was given a fir'st reading by title only with further reading waived: .Ordinance -No. 9356. AN ORDINANCE OF THE CITY COUNCIL OF THE MUNICIPAL CODE TO ALLOW NEWSPAPERS, PRINTERS IN R-P (Residential-Professional), COMMERCIAL AND IN- DUSTRIAL ZONES WITH CONDITIONAL USE PERMIT. DEPARTMENTAL REPORTS: A. Planning. 1. Agenda Bill #2071. -Approval of the tentative map for Carlsbad Tract 73-19, to be known as La Costa Fairview, to permit the conversion of a 16-unit apartment complex to a condominium complex, on lots 42 and 43 of La Costa South Unit No. 1, located at 2517 Navarra Drive. Applicant: W. T. Canning. A staff report was given by the Planning Director who informed the Council the staff recommended approval of the tentative map. f iTY QF CARISBAD ! CX3LiNZOLMEN -4- July 3, 1973 /.4'l , .. Dlscussion was held by the Council and ,the Mayor sugge ed that in the future, an agreement be-signed by the developer with the schools prior.to the matter being d cussed by the Council. He stated the only two entitie to do this type of thing is the City of San Diego and the County of San Diego and indicated.the Carlsbad School District will be recommending this procedure in the near future. He further stated this procedure has been successful in the City and County of San Dieg only in re-zoning matters. The following Resolution was adopted by title only with further reading waived: Resolution No. 3159. A RESOLUTION OF THE CITY COUNCIL Motio OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTA- . TIVE MAP (CT 73-19) PERMITTING THE CONVERSION OF A 16-UNIT APARTMENT COMPLEX TO A CONDOMINIUM COMPLEX ON I '. I Ayes LOTS 42 AND 43, LA COSTA SOUTH,. UNIT NO. 1, TO. BE KNOW AS LA .COSTA FAIRVIEW. W1 2. Agenda Bill 82072. Approval .of tenta- tive map for Carlsbad Tract 73-25, to be known as La I Costa Golfcrest, to permit development of a 1-lot condominium with (12) dwelling units , on property lo- cated Northerly of and adjacen.t to Navarra Dr. and Viejo Castilla Way. Applicant: H. A. Welsch, Jr. Brief discussion was held by the Council and the following Resolution was adopted by title only with further reading waived: I Resolution No. 3160. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTA- TIVE MAP (CT 73-25) PERMITTING THE DEVELOPMENT OF A ONE-LOT CONDOMINIUM WITH A TOTAL OF 12 DWELLING UNITS, ON PROPERTY GENERALLY LOCATED NORTHERLY OF AND ADJACEN TO NAWARRA DRIVE, APPROXIMATELY 60 FT. WESTERLY OF THE INTERSECTION OF NAVARRA DRIVE<AND VIEJO CASTILLA WAY, TO BE KNOWN AS LA COSTA GOLFCREST. I Motia Ayes i E571 -.., 3. Agenda Bill 42073. Deadline for adopti n of 'Open Space Element, Open Space Zoning and Zoning conformity wi th.'General Plans. 1 The Planning Director informed the Council an Agenda Bill was prepared in the event an extension was not prepared, it has been learned that an extension has been granted by the Planning and Land Use Committee for a six month period, for the General Plan Element. He further stated %he staff has set as their target ~ for a public hearing on open space and conservation, ~ a date in September and that other matters such as the i circulation plan and other related elements will follo 1 granted. 'He stated that since the Agenda Bill was ' j i B. Public Works. I t ~701 1. Agenda Bill 92045. -Supplement 81. Awarding Contract for Laguna Riviera Tennis Courts - Contract 1018. The Director of Public Works reported two bids were received and opened June 21, 1973 for Laguna Riviera Tennis Courts. He informed the Council, the low bid was received from E & G Engineers, Inc., P. 0. Box 127 Huntington Beach, Calif. i . .~. . . CiTY OF CARLSBAD GOUNCfLMEh - -5- July 3, 1973 He informed.>the Council that the low bid for Alternate #1 (lighted courts) was $33,285.96 and it was recommend ed by the staff that E.& G Engineers, Inc. be awarded the contract for said amount for Alternate #7. The following Resolution was adopted by title only with further reading waived: Resolution No. 3161. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS I AND AUTHORIZING THE EXECUTION OF CONTRACT FOR TENNIS COURTS CONSTRUCTION AT LAGUNA RIVIERA CITY PARK, as recommended by the staff. I [451 2. Agenda Bill #599. - Supplement #l. Traffic Signal installation at Carlsbad Boulevard Blvd. I and Tamarack Ave., Contract #lo10 - re: approving Change Orders 1, 2, 3 and 4 and Notice of Complet'ion. I Upon S.taff recommendation, a motion was made: to.'=approv Change.Order Nos. 1, 2, 3 and--4 of-.Contract #7010; to accept the work on behalf of ,the City; instruct the City Clerk to record,the+Notice of Completion and to release the bonds 35 days after recordation of Notice of Completion. 1 [971 3. Agenda Bill #832. - Supplement #2. Request for waiver of one-half street improvements on Lowder Lane, Carlsbad Tract X72-23, Alta Mira #3. Applicant: Pacific Scene, Inc. Following a brief report by the City Engineer, a motior was made granting the request for waiver of one-half street improvements on Lowder Lane, Carlsbad Tract 72-23, AZta Mira #3, as recommended by the staff. I: Z] 4. Agenda Bill #1061. - Supplement #l. ~ Approval or' General Budget and Project:Budget for San Luis Rey Matershed Planning Agency, fiscal year 1973-74. Brief discussion was held and the following Resolution were adopted by title only with further reading waived Resolution No. 3162. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE PROPOSED GENERAL BUDGET OF THE SAN LUIS REY WATERSHED PLANNING AGENCY I FOR FY 1973-74 AND PROVIDING FOR ITS PAYMENT. I Resolution No. 3163. A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE PROJECT BUDGET I AND PAYMENT SCHEDULE OF.THE SAH LUIS REY WATERSHED ' PLANNING AGENCY FOR FY 197.3-74. I DO1 5. Agenda Bill #2067. (cont. from 6-19-73) Proposed- Ordinance #8063, revising the Grading Ordinan integrating Environmental Protection measures. . i Councilman Chase requested this matter be continued for further study until the regular meeting of July 17, 1973. It was agreed by the Council that the matte be continued to the next regular meeting. I - - I I I CITY H Cr\WhSBPSD -6- July 3, 1973 1 1 I E471 5. Agenda Bill #2074. Buena Vista Circle- drainage problems. The Director of Public Works stated a group of citizen in the Buena Vista Circle area have requested a solu- tion to the drainage problems in the street and an attendant problem of a fence. He further informed the Council that some type of action mus't be taken but that the problem is not a unique one in the City and cited a number of other areas in the City with Similar drainage problems. He then presented photographs of the area for the Council's review. Col. Gilbert Southwell, Buena Vista Circle, informed the Council the photographs being circulated by the Director of Public Works were taken at 4:OO P.M. which indicates the flow of water at about 50% what it is at 8:OO A.M. The Director of Public Works informed the Council that there is no curb and gutter on Buena Vista Circle and recommended resident participation in the installation of curb and gutter. It was his opinion if-the Council desired City participation in the correction of these problems, a policy should be established. Mr. Frank McCarthy, Attorney-at-Law, representing the residents on Buena Vista Circle, briefed the Council on the problems residents on Buena Vista Circle have had and which it was felt was created by a high densit area into a low density area. It was felt the run-off is not a natural run-off but an artificial run-off which is being caused by water being dumped into that area. It was felt that the Townhouse Apartments was aggravating an already existing problem but the exist- ing problem was a natural burden. It was pointed out there was no subdivision or re-zon- ing required and the Building Department issued the permit. The Director of Public Works indicated he did not review the drainage plans but stated the Builder of .the apartments has been contacted and no positive response has been received. Further that a change in grade would not solve the problem. I \ .J A question was raised with regard to the typefof fence erected aqd the Director OF~Building and Housing in- formed the Council that no particular type of fence is required and there is nothing prohibitigg the type of fence erected by the Builder. The Council heard comments from some of the property owners being represented by Mr. McCarthy and then directed the City Manager to contact and discuss the situation with the owners of the Townhouse Apartments and inform the owners of the Council's position'.that the Council feels that the drainage from his buil-ding is causing an unnatural gathering -of .water and request that the correction be made at the owners expense .in accordanc-e-wi th City Plans through an easement provide by the residents. During discussion of a means of alleviating the drain- age problem, the Attorney for the residents indicated an easement for drainage purposes could be obtained from the residents. mUMfltMEb 'r I I I I Motion Ayes 1 , \ ? I 1 I I ~ X 1 .. ~. . . ".~. . . ". .". ~. . .. ___._._ ITY OF c RLSBAD &OUNCILMEN z : July 3, 1973 -7- I [99 j , .. 1. Agenda Bill $2075. Appeal of Engineer- ing Department conditions of approval for tentative map - re: proposed Parcel Split 0195. Applicant: Krepps - located at 411 Tamarack Avenue. Following a brief report by the Director of Public Works, the Council heard from Mr. Clarence Hall, Civil Engineer, representing the applicant. He informed the Council that the primary objection to the condi'tio was that.the applicant was being required to dedicate more than anyone else has done in the past. We stated the requirements would force the applicant to move his house which would prohibit him from obtaining a loan on it. He further stated what they are asking for is a lot-line adjustment. The Director of Public Works stated this request is in connection with the realignment of Tamarack Avenue and it was his feeling that more money is needed in the budget for consulting services 'for the alignment of Tamarack Avenue. He stated it is on1y.a possible alig ment and there is no precise alignment. He state'd since it is anticipated that a similar situation may arise with a large developer in the near future, he would recommend that the Council direct the staff not to process additional land development until a study is made and that the Council immediately authorize fun from :the budget to hire a consultant to solve this problem on Tamarack Avenue. Mr. Dave Minnich, Realtor, representing Mr. Krepps, stated the applicant is not attempting to split his lot; just to realign the rear of those lots. Councilman Chase requested a continuance to the next regular.meeting for the purpose of resolving this matter and it was agreed by the Council that Council- man Chase, representatives for the applicant and the City Engineer review this matter and return to the Council at the next regular meeting. EXECUTIVE SESSION: i The Mayor called for an Executive Session at 17:lO P.M. for the purpose of discussing personnel. The Council reconvened at 11:55 P.M. and the Mayor announced personnel was discussed and no decisions were made .regarding .appointments or other personnel matters. coG? City Manager. [d 1. Agenda Bill #2080. Amendment No. 7 to CPO ~ Joint Powers Agreement, revising Section 7, Governing ~ Board of CPO, providing for compensation for CPO Boarc ~ members. ~ ~ A motion was made that approval be given Amendment-;-:- No. 1 to GPO Joint Powers Agreement, as presented and attached to Agenda Bill #2080. , I I I i 11 114 - X 1 i .~. . ,......."._. - .. . . . ..,. ~ .-....-....-... . ." .... .." ~ CITY QF CAWLSBAD GWNCILMEN -8- July 3, 1973 4 ~~ ~"" ~291 2. Agenda Bill #2081. Interim Budget for fa'scal year 1973-74. Discussion was held on the Interim Budget for fiscal year 1973-74, with deletions and additions being made and the following Resolution was adopted by title only with further reading waived: Resolution No. 3166. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE PRE- LIMINARY OPERATING BUDGET FOR.FISCAL YEAR '1973-74 AND ESTABLISHING CONTROLS ON APPROPRIATIONS FOR NEW EMPLOY AND EXCEPT FOR CURRENTLY EMPLOYED PEP EMPLOYEES, AND CAPITAL OUTLAY ITEMS EXCEPTING LIBRARY BOOKS. 9- CONSENT CALENDAR: The following i tems were approve'd by one motion affirming the actions on the Co.nsent Calendar: A. Correspondence - Advisory. . so0 C991 B. Agenda Bill #M. - Supplement #a. A one- year extension on tentative map for Carlsbad Tract 72-18 Unit #2, located on Tamarack Ave. and Park Dr. requested by Pacesetter Homes,, Inc., was granted. f?p&$ [99]' C. Agenda Bill #881. - Supplement #l. The Final Map for Carlsbad Tract 72-22 for a one-lot 25 unit condominium westerly of Jefferson St. at Las Flores Dr.;-was approved and the:following Resolution was adopted by title only with further reading waived: Resolution No. 3164. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE VOLVING A STORM DRAIN EASEMENT NO LONGER REQUIRED BY THE CITY. [45] D. Agenda Bill #2076. Authorization pias given the Mayor to execute a Future Improveme,nt Agreement in connection with Parcel Split No. 203", Gillingham property located on Knowles Avenue. [,HI. E.. Agenda Bill #2077. The following Resolu- tion was adopted by title only with further reading MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED IN- m";7 w a i v e d : 1.a ,? c.q'r% L. p3 6,. 11;; C' I . Resolution No. 3165. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO-EXECUTE A QUITCLAIM DEED IN- VOLVING DRAINAGE EASEMENTS No LONGER REQUIRED BY TH'E CITY. [m"" F. Agenda Bill #2078. The report from the Planning. Commission as to the-conformity of the Poin- settia Lane Grade Separati-on over the A.T. & S. F. Railroad right-of-way with the General Plan of the City of Carlsbad was accepted. [811 G. Agenda Bill #2079. The Findings of the Planning Commission were accepted and approval' for the sale and acquisition of property by the City of Carlsbad as being in conformance with the Genera7 Plan of the City of Carlsbad, more particularly des- cribed in Resolution No. 911 of the Planning Commissic /L - D T \ [ . .. . . .~ . . -. . -. .. -~ ._ , ...... .. . . r3-Y F CARLSBAD aUNC1LMEN -9- CONTfNUED BUSINESS: The following items were continued to an adjourn E781 (c) Agenda Bill #2008. Proposed Noise CURRENT BUSINESS: door services on July 22, 29 and August 5 and 12,. 1973 City a'f Carlsbad has no ordinance that would preclude using-a Public Address System for outdoor services on the dates indicated-in. his letter. The Counci-1 furthe directed that -the City Manager and Chief of Police pre sent a proposed ordinance for the Council's considera- tion- regarding use of Public Address Systems in the City of Carlsbad. C371 (b) Agenda Bill #2085. Request by AASCO for permission to function as a guard service in the City of Carlsbad. ADDITIONAL BUSINESS: (a3 City Council. 1. Agenda Bill #2083. Resolution #3767, instructing CPO representative regarding SB-325 Funds. TION REGARDING QUESTIONS WHICH HAVE ARISEN OVER-THE. DEDDEI-1 ACT. APPORTIONMENT OF FUNDS PURSUANT TO THE MILLS-ALQUIST- 2. Agenda 3ill #2084. Appointment to Library Board of Trustees. No action was taken by the Council. (b) City Manager. (c) City Attorney. . .. . .~ ...... - . . . - .- . ...- - ." .. . .. . . . .~ ."" . .. CITY OF CARLS3AD GOLSMCtL*UEN -10- July 3, 1973 RATIFICATION OF BILLS AND PAYROLL: Ratif.ication was given the payment of.-the pay- roll in the amount of $88,325.22 for the period June 15, 1973 thru June 30, 1973, as certified by the ADJOURNMENT: By proper motion, the meeting was adjourned at 12:20 A.M. to Tuesday, July 10, 1973 at 6:OO P.M. in the City Council Chambers. Respectfully submi tted, NORA K. GARDINER Deputy City Clerk ! 1 i 1 t