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HomeMy WebLinkAbout1973-09-18; City Council; MinutesI CITY OF CARI-SBAD . . COUNCiLf;rrE ..I Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: September 18, 1973 Time of Meet,ing: 7:OO P.M. "r"m"-,."- Place of Meeting: Council Chambers . '" D 1- ROLL CALL: 2- Ib!VOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEG,IANCE was 'given. 4- APPIiOVAL OF MINUTES: . {a) Minutes of the regular meeting 'held on September 4, 1973, were approved as corrected. (b) Minutes of the regular meeting held on . September 12, 1973, were approved as presented. 5- COUNCIL COMMITTEE REPORTS:. e683 C.P.O. Councilman Chase reported on a meeting with CPO which he attended as alternate for Councilman Frazee in which a radial corridor . transportation system was discussed in detail. E921 ENCINA WATER POLLUTI.ON CONTROL FACILITY. Counc man Chase reported on a meeting of the Joint Advisory Committee with regard to the Sixth Sup plement to the Basic Agreement. He stated that a conffict existed as to the distribution of . buy-in monies, and that. contrary to the under- standing of the City of Carlsbad, the division would be to six agencies and not the origina.1 f principles. He stated that the Fifth Supple- ment wherein Leucadia and Encinitas had acquire capacity rights provided that the buy-in monies would be available for system improvements to be divided among all the members according to capacity rights as they .were after the comple- tion of Phase 11. It was the position of the City's .repre-sentat.iv at the Joint Advisory Committee meeting that the agreement should be changed to provide for buy-in monies to accrue to the benefit of Carls bad, Vista, San Marccs and Buena in proportion to their ownership shares. It was the feeling of those representing the City that resolution of these problems should be accomplished prior to going f0rwar.d with Phase 11-A. I Following Council discussion, Resolution #3224 was presented and adopted. I Resolution No. 3224. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO .EXECUTE THE S1,XTH SUPPLEMENT TO THE BASIC AGREEMENT FOR THE ENCIb . JOINT SEMER SYSTEM TO PROVIDE FOR AN INTERIM EXPANSION OF SAID SYSTEM. Councilman Lewis reported on Parks and Recrea- tion Commission and Mayor Dunne informed the Council of his appointment to the Legislative-' Committee. I [35] CITY ATTORNEY. The City Attorney reminded the Council members that three(3) affirmative vote: on Planning Cornmission items-being returned to the Commission or any resolution involving fun( are requii-e.d. Other matters can be carried by a majority vote of members present. - z 13 Presenf Absent Motion Ayes Motion Ayes - lr .. > .) Motion Ayes Absent F) ZlC\P' kg ~.lW.!Qfrr.n= ;xx X x .x xx x X # CITY OF CARLSBAD , . COUZ\1CIL"E . ., .L . -2- September 18, 1973 cLxaW2Ns .-mWz" PPe"' 6- PUBLIC HEARINGS: D [57] (a) Agenda B.ill. ii2142. Plar.ning Commission Resolution of Intention ii9-4 to amend the Land Us Element of the General Pl'an to provide for full possible range of residential densities. I The City Clerk stated 'the Affidavits of Publi- cation were on file and that no correspondence had been received. Don Agatep, Planning Director, gave a staff r.e- port and stated that the proposed amendment w.as for the purpose of clarifying densities in the Land Use Element. No one lib the audience wished to be heard .and the public hearing was closed. Following a brief discussion, Resolution No. 3213 was presented and adopted. - Resolution No. 3213. pi RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE GENERAL PLAN TO DENTIAL DENSITY RANGES. (GPA [113] (b) Agenda Bill #2743. To consider the Final EIR, and a request for preannexation change of zone from County E-1-A to P-C to allow approx- imately 400 single family residential and condo- minium units on 60 acres located easterly of Lowder Lane, midway between ? and Poinsettia Lane. APPLICA Following a staff rep.ort by t John Klug, representative for Pacesetter Homes, spoke, stating they were in agreement writh staff recommendations and conditions. He further . stated there was basic agreement with the school district as to provision for school sit.es or fee if the sites are not acceptable. Perry Lamb, Carlsbad Resident, spoke in favor of the development. No one else wished to be heard and the public hearing was .closed. The Council discussed the pro and it was moved the Final E1 Resolution #3214 was offe'red for adoption. .. ' Resolution ~73214. A RESOLUTIO OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A PREANN.EXATION CHANGE CARLSBAD P-C (Planned Conmunity) TO ALLOW A , PROPERTY GENERALLY LOCATED EA SETTIA LANE was adopted by title only. OF ZONE FROM SAN DIEGO COUNTY E-1-A TO CITY OF POSSIBLE 400-UNIT RESIDENTIAL MIDWAY &ETWEEN PALOMAR AIRPORT ROAD AND POIN- D ., . ... m%-r.Q B 7.' # CITY OF CARLSBLiD COUfdCILl\/iEP - 3- %AisJ!&&eU9&- 1 97 3 Ordinance No. 9362. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2-1 OF THE MUNICIPAL CODE BY GRANT ING A PREANNEXATION CHANGE OF ZONE FR0M:COUNTY E-1-A TO P-C (PLANNED COMMUNITY) TO ALLOW A POSSIBLE 400-UNIT RESIDENTIAL D'EVELOPMENT ON PROPERTY GENERALLY LOCATED WEST OF LOWDER LANE, MIDWAY BETWEEN PALOMAR AIRPO SETTIA LANE (('Paces.etker. Home by title only and further rea Previous to action on the appeal of the Planning Commission decision in denying the Master Plan . filed'by the applicant, Councilman Lewis asked that the public hearing be.reopened so that Mrs. Casler, Planning Commissioner, might speak. There were no objections and Commissioner Casler informed the Council the Planning Commission vote.on the Master Plan had been six to one . against approval. She reite reason as stated in Planning No.. 953 that denial was based on Counci 'I Policy that no further General Plan Amendments .be made at this time. The Council stated its intention to grant the appeal and the matter was re Planning Commission for furt fot 1 owi ng reasons: . 1. The Master Plan does comply with the General Plan densities, and areas. 2. It is compatible with the surrounding [99] (3) Agenda Bill #2144. To consider. an Appeal of the decision of the Planning Commission in denying a request for approval of a Specific Plan and Tentative Map to allow a 420-unit res- idential development on property located on the north side of Olivenhain Road, easterly of El Camino Real. Appellant: Kaiser-Aetna (Ponderosa) The City Clerk stated the Affidavits of Publica- tion were on file and read in full a letter received this date from the San Dieguito Union High School District requesting the City to delay action on the above matter until such time as agreement is reached between the 'District and developer. Mr. Agatep gave a staff rep0 about the circulation, lot s are less than the minimum required, and P-C zone standards which the proposed development fails , to meet. I ~ the Planning Commission had not been given ~ Mr. Don Worley, representing Kaiser-Aetna, ad- dressed the Council and expressed his feeling adequate information at the ing. He gave the Council more specific data on open -space areas, lot sizes and said also arranged. No one else wished to speak and the hearing was closed. ~ that a meeting with the Scho I CITY OF CARLSEAD . '; B I 0 -4- September 18, 1973 - "- ~~ ~~ ~~ ~ The City's Planned Community Zoning Ordinance was aiscussed by. the Council as to concept. It w8.s generally agreed by the Council members that the project, while attradtively presented, did not meet a P-C .concept. It was poirited out that the City does not have control over architectura design and this cannot' be a factor in approval or disapproval of a project. It was agreed ,that the public hearing be reo'peEi and the staff was directed to amplify the rea.son for Planning Commission denial. It was further moved the matter be continued to October 2, 1973 for further consideration. The Mayor declared a recess at 8:45 and recon- vened the meeting at 9:05 P.M. with three member present. 7- DEPARTMENTAL REPORTS.: A. P1 anni ng. C991 1. Agenda Bill #2145. Approval of a revise Tentative Map, CT 73-12, for development of a 24-unit condominium, on property located at the N/E corner of the intersection of Gibralter St. and Jerez Court. Applicant: Gray Construction. The Planning Director explained this was to amend the Tentative Map for recreation purposes. The area in question was left out of the origina subdivision map and it has been designed to serve CT 73-12 as well as other development in that general vicinity. This is to be a private development and not part of the City's park sys tern. Following discussion, Resolution #3215 was presented and adopted. Resolution No. 3215. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION RE TENTATIVE MENT ON 2.8 ACRES, ON PROPERTY GENERALLY LOCATEL AT THE NORTHEAST CORNER OF THE INTERSECTION OF GIBRALTER STREET AND JEREZ COURT. (Gray) I391 2. Agenda Bill #2146. Approval of a Tenta- MAP (CT 73-12), -A 24-UNIT CONDOMIN1,UM DEVELOP- tive Map for CT 71-7, for.deve1o.pment of a 21 unit condominiurn on property located on Park Drive and Marina Drive. Applicant: Difcon, Inc Mr. Agatep informed the Council the development already exists but is not occupied. The Tenta- tive Map expired due to the length of time the map was under consideration by the Regional Co,as tal Commission. He stated that all the condit'ic of Resolution 1940 which originally approved the Tentativ'e Map have been met. Following points of clarification, Resolution No. 3216 was introduced anti adopted. COUNCII"E1 cp \& fl'> CG ?.Ti 2" 27 I !!E.- X X X X X X , CITY OF CARLS0AD . '. . - 5- m?Qzmzm D I) 51 %X" SeJtembeu -3?- 1973 c " I' Resolution NO. 3216. A RESOL'JTION OF THE CITY COUNCIL OF THE CITY OF CARI-SBAD, CALIFORNIA, MAP (CT 71-7), A 21-UNIT CONDOMINIUM DEVELOPMENT ON .68 ACRES OF LAND, GENERALLY LOCATED ON PARK DIRVE AND MARINA DRIVE..(DIFCON-Bristol -Regency) ANNOUNCING FINDINGS AND DECISION RE TENTATIVE. C991 3. Agenda Bill iTu2147. .Approval of Tenta- tive Map for CT 7'3-34, for development of a 44 unit condominium, on property generally located at the southwesterly corner of the intersection of El Fuerte Street and Alfanjo Street. Applicant: Verpet Engineering/N.H.A. Hou.sing,In Following a staff report in which it was stated the project met the requirements of the Gemera1 Plan, Resolution No. 3217 was presented and adopted. Resolution No. 3217. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND'DECISION RE TENTATIVE MAP (CT-73-34), A 44-UNIT CONDOMINIUM DEVELOP- ' MENT ON PROPERTY GENERALLY LOCATED AT THE SOUTH- WESTERLY CORNER OF THE INTERSECTION OF EL FUERTE STREET AND ALFANJO STREET. (Verpet Eng. Co.) B. PUBLIC WORKS. .I I351 1. Agenda Bill #2148. Approving Change Order No. 1, for Contract #1018, regarding tennis courts in Laguna Riviera Park. The City Engineer informed the Cou'ncil that due to soil p'roblems, it was necessary to excavate an additional 18" to prevent possible movement of the court due to expansive soil. The cost w a s alleviated partially when it was deter- mined that drainage conditions did not require a sidewalk underdrain. The changes increase the contract by $2136..46. A motion was made approving Change Order #l. It was also moved that funds be transferred in' the amount of $2136.46 from Park Area #7to Park Area #4. The Council directed the staff to ,investigate. a procedure whereby such contingencies can be handled without expending monies, which' have not been budgeted. - .. E781 ' 2. Agenda Bill #2149. Approving recommen- I dations for use of Police Department excess I radios, and authorizing installation. The City Engineer gave background information, _. stating this matter had been authorized quite. sometime ago. i I - COUNGII-fi4E p! vpy 217 ezp31a I) B R'W 1 % W." , >,- 8 CITY OF CARLSBAD COUNCILME - 6- September 18, 1973 "" - ~ ~~~- ~ ~" ~ .~ _~~_~~"_~~_~"~" ~ ~ The City Manager indicated that this was being brought before the Council.because of a Council directive by Agenda Bill which requested. staff recommendations. It was agreed that the distribution of excess radios and their installation be determined by the City Manager. C291 3. Agend'a Bill X.2150. Approval of the Revised Water Department Budget. The staff informed the 'Council that all members of the Water Committee had copies of the .report and budget and there had been no negative com- ments. The Committee requested that the budget be presented to the Council and that a transfer of appropriations from the Fund balance toBthe Maintenance and Operations fund in the amount of $7,737 be effected. Discussion by the Council ensued and Resolution No. 3218 was presented and adopted. Resolution No. 3218. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE FINAL OPERATING BUDGET FOR THE FISCAL YEAR 1973-74 FOR THE CITY OF CARLSBAD BY THE ADOPTION OF A REVISED BUDGET FOR THE WATER DEPARTMENT. C. City Manager. E741 1. Agenda Bill #2151. 1nclusi.on of Police Communicat.ors as Public Safety Employees, as per Assembly Bill #37. The City Manager reported on the contents of Assembly Bill #37 and stated there apparently wi 11 be no additional cost to the City for the five employees who wish to be included as Public Safety Employees as allowed by the Bill. The Finance Director explained that the monies which have been paid into the Social Security Fund will no longer be deducted which will off- set the increase in the retirement contributions A motion was offered to include five Police Communicators as Public Safety members -in the. Public Employees' Retirement System. E841 2. Agenda Bill #2152. Request for author- ity to purchase vehicles for Water Department and Fire. Department. In the staff report given by Jerry Pieti, he stated that the two vehicles for the Water De- partment had been approved in the 1972-73 budgei but the vehicles could not be delivered; further funds had been encumbered at the end of Fiscal Year 1972-73 to cover the purchase of two Inter- national Harvester Scouts As to the Crew Cab Truck for the Fire Departmenl this had been included in the 1973-74 budget. a. 1 i Y Y CITS OF CARLSB//:C> - 7- f September 18, 1973 ""W .. . ""rn . ~~ ~ ~ ~~ .. ..~ _~..~ """" ~ ~ - "_" ~ Resolutions No. 3219 and 3220 were presented 'and adopted. Resolution No. -3219. A RESOLUTION OF THE CITY .. COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR RIGHT HAND DRIVE VEHICLES. Resolution No. 3220. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR A CREW CAB PICKUP TRUCK. [731 3. Agenda Bill #2153. Proposed amendment to Ordinance #6047, changing minimum size .of dance f 1 oors. This amendment was requested by the staff in order to more effectively enf,orce the ordinance. and be more equitable to those businesses which cannot meet the existing requirements but do not present a police problem. Ordinance No. 6051 was offered for a first reading following discussion. Ordinance No. 6051. AN ORDINANCE,. OF THE CITY OF CARLSBAD ADDING CHAPTER 8.09 TO THE CARLSBAD MUNICIPAL CODE REGARDING REGULATIONS OF CABARET: DANCING AND CAFE ENTERTAINMENT was'given a first reading by title only. 1741 4, Agenda Bill #2164. Approviing an amendme to Resolu.tion No. 3153, which adopted the saTarJ schedule for Fis-ca1 Year 7973-74, creating the position of Library Administrative Assistant. The City Manager stated the new position which would be created would be open to anyone who mig wish to take the examination. It would, he stated, abolish the existing position of Senior Clerk Steno. for the Library only. Should the person presently filling that position not be successful in passing the examination, .there wil be no-opportuni ty to go back into the current posi Lion. .. Resolution No. 3221 was presented and a'dopted. Resolution No. 3221. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMEND1,NG EXHIBIT 'IB" OF CITY COUNCIL RESOLUTIOI4 NO. 3153 ADOPTING SALARY PLAN FOR THE CITY FOR FISCAL YEAR 1973-74. [703 5. Agenda Bill #2755. Report from Sttlimm"inc Pool Committee and Parks and Recreation Depart- ment was continued to October 2, 1973 -for the presentation to all Councilmen. .. 8- ORDINANCE FOR ADOPTION. ~ I 11131 (a) - AJenda 1"" Bill 2122. Ordinance No. 9361, re a preannexation zone change in the La Costa area was continued to October 2, 1973. ! ', . COUO\lClLMt a* 3: c\c ~~ "+,azd 9- ., I ! ~ ~ !Motion :Ayes ;Absent I Motion Ayes :Absent Motion Absent .Ayes It It ,.. I ,I .. I Motion Ayes X -Ab's en t xx , - B e m CITY QF CARLSBAD COUNCiLR4E -a- September 18, 1973 """" EXECUTIVE SESSION: Mayor Dunne called an Executive Session -to dis- cuss personnel at 10:17 P..M. and reconvened the meeting at 70:40 P..M. and announced .the follow- ing recommendations of the Counci 1 : ~1051 Robert Sonneborn - Housin c69 i Ron Schwab - Parks and Recreation Commission Board By unanimous vote, the above to. serve as recommended. 9- -ADDITIONAL BUSINESS: A. City Counci 1. 1. Agenda Bill #2119. Appointment-: to Parks and Recreation Commission, and Housing Author ity Advisory Board made following the Execu- ' tive Session. B. City Attorney. ~921. 1. Agenda Bill #275. Joint Sewer System Agreement; re: Legal Services. The City Attorney stated the proposed agreement was basically the same as the one presently in effect. He suggested that section 3, page 4, of the agreement should be revised regarding term- ination for clarification. He also recommended that. the proposed resolution authorizing the Mayor to execute the-agreement be amended to read "subject to revision of page 4, section 3, regarding termination to the satisfaction of the Counci 1 representatives to t Committee and the City Attor Following discussion by the was made to adopt Resolution revisions indicated. Resolution No. 3223. A RES0 COUNCIL OF THE CITY OF CARLSBAD, 'CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT PROVIDING FOR THE FURNISHING OF LEGAL SERVICES BY THE CITY OF VISTA TO THE ADMINISTRATOR, OPERATOR AND JOINT ADVISORY COMMITTEE OF THE ' JOINT SEWER SYSTEM. C. City Manager. 11 041 (a) .The City Manager informed the Council that the hearing on Assembly Bill 2648 which provides for a San Diego Met Will be coming up in the near future, and that,. Carlsbad should have representation at the hear- ing. Mr. Lilley read in full a resolution passe by O'ceanside which opposed Assembly Bill 2648 and re.commended that Carlsbad adopt one of a similar nature. In turn, Mr. Lilley read in ful a proposed resolution. .. CITY OF CARLSBAD COUNCllMEN -9- September 18, 1973 .. Following Council discussion in which Mr. Chase was designated as the City's representative to attend the hearjng, Resolut'ion #3225 was adopte as presented. Resolution No. 3225. A RESOLUTION OF-THE CITY BLY BILL 2648 AS PREMATURE AND DETRIMENTAL TO THE BEST INTERESTS OF THE RESIDENTS OF THE- CITY COUNCIL OF THE CITY OF CARLSBAD 0P.POSING ASSEM- I OF CARLSBAD. [68] (b) C.P.O. The Comprehensive Planning Organ- ization is hosting a meeting in the Council Chambers on September 19, 1973, at 7:OO P.M., for north county Councils and Planning Commiss- ions. Analysis of regional government and a radial corridor transit system will be discusse [Sll (c) The City Manager stated little progres's ha been made on a school policy, but that a meet- ing has been arranged with Dr. Harmon and the Business Manager of the. School District. A report wi 11 be forthcoming. [1001 (d) Mr. Lilley reported that Ad Valorem Taxes from La Costa based on $1.84 tax rate, will amount to $401,808. E231 (e) It was stated that ambulance delivery whic is scheduled for the last of October cannot be met without changes in the specifications, due to manufacturing difficulties. Mr. Pieti, Purchasing Officer, recommended to the Council that the ambulance be rebid and deferred tb the City Attorney's opinion as to t action to take against Savage Enterprises for failure to meet the terms of the contract. A motion was made to accept staff recommenda- tions for rebid on the ambulance and the City Attorney was directed to make his recommenda- tion at the next meeting regarding the contract with Savage Enterprises. [78] (f) The City Clerk read a letter from Bristol Cove Property Owners Association in which boat speeds on the Agua Hedionda Lagoon were deplore and a .request was made that lower speed limits be set and enforced. The City Manager stated that an Agenda Bill was being prepared on this subject for the next Counci 1 meeting. [57] General Plan Revision. The Planning Director stated the revision is on schedule and will have more details on the progress after a meet- ing with consultants this week. 10- I_ RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for the General Expenses of the City in the amount of $2,936.92 and Water Construction in the amou of $15.50 for the period of September 1, 1973 ~ of $118,758.85; llater Department in the. amount y$ -7 >. a CITY OF CARLSBAD GOUNCILME8 -1 0- through September 15, 1973, as certified by the Ratification wa.s given the payment o'f the pay- foll in the amount of $85,098.00 for the period of September 1, 1973 through September 15, 1973, as certified by the Director of Fi.nance and. approved, by the Audi ti ng Commi ttee. Chamber of Commerce Bills. Mayor Dunne .stated he had audited the bills for the Chamber of Commerce and found them to be true and correct to the best of his knowledge. He recommended the bills in the amount of $2,294.27 be paid. ADJOURNMENT. By proper motion, the meeting was adjourned at 11:25 P.M. Respectfully submitted, Virginia M. Smith Recording Secretary