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HomeMy WebLinkAbout1973-07-17; City Council; Minutes_1_1 0 '0 i - '.''CITY QF CARLSBAD Meeting of: CITY COUfiCIL (Regular Meeting) Date of Meeting: July 17, 1973 Time of Meeting: 7:OO P.M. 1- ROLL CALL: 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: .. (a) Minutes of the regular meeting of July 3, 7973 were approved as presented. (b) Minutes of the adjourned meeting of July 3, 1973, were approved as presented. 5- COUNCIL COMMITTEE REPORTS. C681 Councilman Frazee reported on status of SB325 funds, Regional Coastal Commission and CPO voting formula. Mayor Dunne stated he had attended a meeting of the Advisory and Appeals Board and that another meeting is scheduled to discuss housing problem in connection with the HUD program. [81] Benda Bill f2086. Mr. Jim Tennant, San Diego, addressed the Council on behalf of the Board of Supervisors and played a tape of a portion of a meeting wherein development of Calavera Lake was discussed. Mr. Tennant asked the Council to consider a joint meeting with the Board to discuss the matter further. Following discussion, the Council agreed to consider a meeting with the Board of Super- visors and to consider joining with the County in the acquisition of property adjacent to Calavera Lake property. 6- PUBLIC HEARINGS: I 1641 (a) Agenda iill #2056 - Supplement #l. Street Lighting System and Assessment Roll. The Affidavit of Publication was presented by the City Clerk; it. was accepted and ordered I filed. Ralph Walton, a resident of Carlsbad, addressed the Council and requested that the notices whic were posted relative to the Lighting Maintenanc District be removed promptly after the hearing. The City Engineer informed the Counciq that the Assessment Roll was not ready and suggested the hearing be continued. It was pointed out that .a deadline of August 8th had to be met. . : There were no objections and the Public Hearing was continued to July 26, 1973, at 7:OO P.M. .. COUNCILME CITY OF CARLS6AD COUNCILME \!j d - 2- y July 17, 1973 (b) Agenda Bill #2087. Considering Final EIR, Specific Plan and, on completion of Public Heal*ing, to consider the Tentative Map on a 300 unit townhouse cluster located on south sid of Poinsettia Lane between the San Diego Freewa and Batiqui tos Lane. APPLICANT: Covington Bros/Occidental Petroleum The Affidavit of Publication was accepted and ordered filed. The City Clerk stated no communications.had been received. Following a staff report by the PI anning Direc- tor, a lengthy discussion was held. Areas of discussion covered open space, land dedication, school sites, private and public access. Ken Wasseman, representative of Occidental Petroleum, addressed. the Council and stated tha approximately 40 acres would be dedicated to th City, with the intention that potential school sites be worked out between the City and the School District. 'Mr. Wasseman stated also hi's objection to full froptage improvements along - Batiquitos Lane being required of the developer It was the concensus of the Council the matter be continued to allow the staff and developer to work out the areas of conflict and return the matter for Council consideration at the next regul ar meeting. .I 7- DEPARTMENTAL REPORTS: I ! I A. Personnel. I I @ C741 1. Agenda Bill #2088. Amending Personnel System Rules and Regulations, Resolution No. 1727,regarding the use of the shift basis in the vacation.system for the Fire Department. Mr. Baldwin, Personnel Officer, explained to th: Council the change being requested did not chan; vacation time or the 63 hour week but provided better scheduling to man present and proprosed fire facilities. Resolution No. -3171 was presented and adopted. RESOLUTION NO. 3171. A RESOLUTION OF THE CI.TY. COUNCIL OF THE CITY OF CARLSBAD AMENDING RESOLUTION NO. 1727 AND CHANGING RULES AND ' REGULATIONS GOVERNING VACATION SCHEDULING. B. Planning. E771 1. Agenda Bill #1077. Establishment of Developmental Policy as it affects "Critical Planning Issues.-" 2 3e '. Motion AYES Don Agatep, Planning Director, detailed the . basic problems confronting his department i'n' se.rving the public ar.d in complying with General Plan requirements. He further stated there was 2 need for Council policy on specifi issues in Planning. Mr. Rgatep recommended ~. I CfTY OF CARLSBAD COUNCILME .p the Council consider Limited Control zoning for areas wishing to annex to the City, at least until such time as the Gener2l Plan Revision is completed. The Council acknowledged. the enormity of the work-load and advised Mr. Agatep the Council was not critical of the work being accomplished in the Planning Department. was offered: A. No action be taken at this time on a developmental policy; B. The Planning Director be instructed to prepare a brief, concise, current status report for the Council meeting of August 7, regarding 7. overall development of General Plan a. commi ttee progress b. consultant progress c. staff progress 2. development of Open Space Element; 3. development of Circulation Element; 4. development of other priority man- dated elements; 5. proposed densi ties. C. The City Manager be directed to prepare his recommendations to the City Council for attacking and gaining control of It was further added that the City Manager recommendations should include a policy on critical planning areas as they relate to Limited Control zoning. 2. Agenda Bill 82029. Report from Plannin Commission regarding appeal of preannexation zone change. (Ayres) ?he Planning Djyector.gave a staff report and stated it was the recommendation of .the Planning Comrc-ission that Parcel #1 be placed in the P-C Zone, and the R-1-7500 designation of Parcels #2 and #5, as well as 'the RD-M zonin of Parcel #6, that these boundaries be coinci- that the General Plan not be amended and the densities allowed would be those currently designated by the existing General Plan. The Planning Commission was in basic agreement with the City. Council on zoning for the balance of the project. , ..... RESOLUTION NO. 3175. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAG, CALIFORNIA, EAST OF 1-5, AND WEST OF EL CAM:NO REAL. CITY OF CARLSBAD CBUNCILM$ 7 e 0 -4- July 17, 1973 c631 c691 E281 C991 l [ .:8 1.1.. C99J ~~~~ ~ ~ ~~~~~ ~ ~ ~~~ Agenda Bill #2056 - con't. (Ayres) . 1 Ordinance #9357 was offered for a first reading .I ORDINANCE NO. 9357. AN ORDINANCE OF THE CITY AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRAN COUNCIL OE THE CITY OF CARLSBAD, CALIFORNIA,. ING A CHANGE OF ZONE FROM L-C (LIMITED CONTROL) TO C-1, RD-My R-1-7500 -AND 'P-C ON 1100+ ACRES OF LAND GENERALLY LOCATED SOUTH OF PALOMAR AIR- PORT ROAD, EAST OF 1-5 AND NEST OF EL CAMINO RE EXECUTIVE SESSION: - I 1 I Mayor Dunne called an Executive Session for the purpose of discussing personnel and appointment: at 8:55. The Council reconvened at 9:45 and it was announced personnel had been discussed and the following nominations were made: Marvin Kratter -- Library Board of Trustees E.J. Moneypenny - Parks and Recreation Huston Tucker - Water Committee Those persons so nominated were, by .unanimous - vote, appointed to serve on the committees so indicated. C. Public Works. 1. Agenda Bill #2015 - Supplement #l . A request for Final Map approval , acceptance .. of public utility easement, rejection of offer of dedication for future off-site public street and acceptance of previously rejected Lot 'ID". ALICANTE HILLS - La Costa Land Co. A brief staff report was gjven and it was state the applicant found the terms and conditions of the Final Map requirements acceptable. I (, The following Resolutions were prese,nted and adopted. RESOLUTION NO. 3172. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REJECTING AN STREET MITH SLOPE RIGHTS. OFFER OF DEDICATION FOR FUTURE OFF-SITE PUBLIC RESOLUTION NO. 3173. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING FOR I PUBLIC STREET PURPOSES CERTAIN PREVIOUSLY REJECTED LOT. I It was also moved the Final Map be approved, subject to the completion of conditions of the Tentative Map, and subject to all fees, deposit bonds, dedications, future street improvement agreements, and special utility service distric approva.ls as required, and a1 1 as approved by the City Engineer. <' - CITY OF CARLSBAB - - 0 0 - 5- July 17, 1973 P 6. Public Works - continued. 2. Agenda Bill ;#2.0.7"8 - Suppelment #1. Agr2ement with Santa Fe Railroad for Poinsettia Lane Grade Separation. The City Engineer stated in his staff report that this was a joint participation project wit1 the developer, PUC, Santa Fe and the City. The City's portion will be approxiFately $50,000. He further stated the necessity for the over- crossing would be more acute in a relatively short time as the area is developing steadily and the only access is via the freeway. The Council discussed the financial commitment at length and concern was expressed at such a commitment at this time. It was explained that this was necessary in order to obtain PUC funds. Following discussion, Resolution #3174 was presented and adopted. RESOLUTION NO. 3174. A RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION ON BEHALF OF THE CITY, 'OF AGREEMENT WITH THE ATCHESON, TOPEKA AND SANTA FE RAILWAY COMPANY REGARDING POINSETTIA LANE GRADE SEPARATION. '. . 3. Agenda Eill #2075. Appeal of Engineer- ing Department conditions of approval for ten- tative map, proposed Parcel- Split No. 195. APPLICANT: Harry Krepps Councilman Chase gave a report on the meetings with the applicant and City Engineer, stating it was his feeling that the conditions were too stringent and placed an unfair burden on the property owner. He recommended that: (1) lan and improvements for the street right-of-way be off set, with the City to provide improvements and the applicant to prpvide land; (2) boundary lines be adjusted to provide proper size for lots in the future; (3) City agree to future payment of $13,000 for moving two residences if necessary; (4) necessary agreements be pro- vided by Krepps' attorney which meet City Attorney's requirements; cost to Krepps for Cit fees and attorney fees - $1600; cost to City - improvements and moving fees - $13,000. .Upon discussion, the matter was returned to the staff for further res3lution. The City Manager was requested to sit in and make his recommen- dati ons. 4. Agenda Bill #2067. Ordinance #8063, revising Grading Ordinance to integrate Enviror mental Protection measures. The Council was in agreement as to the purpose of the proposed ordinance and the following ordinance was presented for a first reading by title only, . GOWNCILM€ CITY OF CARLSBAD .S - e .. 0 COWNCILFdE -6- ORDINANCE NO. 8063. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY.'OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.06 OF THE MUNICIPAL CODE REGULATING GRADING, FILLS AND EXCAVATIONS TO PROVIDE FOR .AN INTEGRATION GF SAID REGULATIONS WITH THE CITY OF CARLSBAIj ENVIRONMENTAL PRO- TECTION ORDINANCE OF 197.2. D, City Manager. c c1001 1. Agenda Bill #lo28 - Supplement #l. Authorization to pay taxes on City leased AT&SF property. The City Manager recommended the City pay the taxes due on the above named property. He said the money was budgted and because all avenues have been explored to have. the taxes waived without success,authprization for payment shoul not be delayed any longer. A motion was made that authorization be given. to pay the taxes in the amount of $1835.00 2. Agenda Bill #741 - Supplement #4. Purchase of surplus Freeway Parcels. Authorization was given for the purchase of Parcels ''A" and ''C" from park-in-lieu funds, and Parcel I'D" from the General Fund, for a total purchase price of $6,250. [SI I 3. Agenda Bill #615 - Supplement #2. Request for City Council Policy statement regardi ng Ci ty owned property. (Greenwood) A discussion was held wherein each Council mem- ber expressed his op,inion as to use of the property. Ideas expressed were: develop the area as a green belt; retain present use for Parks.and Recreation and public works equipment storage; consider for use of civic center needs sell property and utilize funds to meet other civic needs. Ed Johnson, Parks and Recreation Director, spok to the Council and explained landscaping plans for the subject property to generally improve its over-a1 1 appearance. It was moved and seconded that the property not be sold, and that a policy be set to use the all bids be rejected. I property for open space, and further, any and. A vote was called for on the original motion. Motion failed to carry. Both motions were lost and no decision was ma'de. 4, Agenda Bill #2090. Agreement between City and Chamber of Ccmmerce. CaUNClLMf -Pxzan- - .- CITY OF CARLSBAD - I) 0 . .. - 7- I July 17, 1973 The Council concurred that this matter be con- tinued to the next regular meeting to allow the Chamber of Commerce an opportunity to study the proposed agreement. RECESS: Mayor Dunne called a recess at 1l:l.F~ and the Council reconvened at 11:25. 8- ORDINANCES FOR ADOPTION: [114] (a) Agenda Bill #2070. ORDINANCE NO. 9.356. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE TO ALLOM NEWSPAPERS, PRINTERS IN R-P (Residential-Professional), COMMERCIAL AND INDUSTRIAL ZONES WITH CONDITIONAL USE PERMIT, was given a second reading by title only and adopted. 9- CONSENT CALENDAR: A.Correspondence - Advisory. NONE. 1 0- ADDITIONAL BUSINESS: A. City Council. (a) Agenda Bill #2086. "Development En- croachment on the proposed Calavera Lake Region Park. I' Mr. Tennant addressed the Council early in the meeting. See Item 5, page 1 of the minu (b) Agenda Bill #2084. Appointment to Library Board of Trustees. Announcement of nomina'cion and appointment to Board made follow ing Executive Session of Marvin Kratter. B. City Attorney. No report. F Motion - - AYES 1 es. C. City Manager. [I 041 (a) Mr. Lilley announced a meeting would b held in the Council Chambers on Wednesday, July 25th, at 7:OO P.M., relative to transportation. The meeting is sponsored by the CPO and include the north county cities. [321 Mr. Lilley also informed the Council that I the Environmental Protection Agency has asked to speak to the Council before July 31st. It ' was agreed that the representative would be allowed 15 minutes at the adjourned meeting to be held July 26, 1973. C471 The City Manager reported he had investigat the drainage problem in Buena Vista Circle and suggested several different methods of reducing the problem. He mentioned a cooperative projec to install curbs, sidewalks, etc., via an im- provement district as a possible solution to reducing the drainage situation. Mr. Lilley was instructed to return with his written reco- mmendations. I d Cx1-y ui- CARLSBAD . WUNLitMt 11- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the.payment 0.f bills for the General Expenses of the City in the amount Committee. 12- ADJOURNMENT: : By prope'r motion, the meeting was adjourned at 12:15 A.M., to July 26, 1973 at 7:OO P.M. Virginia M. Smith Recording Secretary . L \ 1 a r X ..