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HomeMy WebLinkAbout1973-10-16; City Council; MinutesCITY OF ~~~~~~A~ GOUBadClkM! Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: October 16, 1.973 Time of Meetina:' 7:OO P.M. . d Councilman Chase arrived at 7:05 2- INVOCATION was' offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting held October 2, 1973, were approved as presented. (b) Minutes of the adjourned meeting held on October 5, 1973, were approved as presented. (c) Minutes of the adjourned meeting held on October 9, 1-973, were approved as presented. Councilman Chase was seated at 7:05 P.M. I 5- COUNCIL COMMITTEE REPORTS: 1 Council committee reports were given and no action was taken. ! Mayor Dunne read in full'a letter of thanks frorr Mrs. C. D. McClellan for the framed Resolution of Commendation to Carlsbad's first Mayor, C. D. McCl el 1 an. Mayor Dunne called a recess at 7:26 P.M. and the meeting was reconvened at 7:30 P.M. with all. Councilmen present. 6- PUBLIC HEARINGS: ~1131 (a) Agenda Bill. #2123-Supplement #l. Regardins zone change from R-3 to C-2, and adoption of a Specific Plan (SP-127) to allow for a two-story office building, located at the northeast corner of the intersection of Oak and Pi0 Pico. ~ APPLICANT: The Malone Co., et al/Rick Engineeri The City Clerk stated the Affidavit of Publica- tion was on file and read in full a letter re- ceived from F. W. Bondy, Carlsbad, supporting the p-roposed project. I The Planning Director .gave a staff report and stated the Planning Commission supported the Counci 1 ' s fi ndi ngs and recommended completion of the Change of Zone and recommended approval of the Specific Plan. Bob Ladwig, Rick Engineering representative, addressed the Council and in'dicated his company concurred with the conditions of approval as setforth by the Planning Commission. 9 Following Council discussion, Resolution No. 3238 was presented and adopted by title only and further reading was waived. i 6" 0 I CITY OF CAWLSBA . . .., -2- .. ., October 16, 1973 y)IBL ~ ~~~~ ~~ ~~~ ~ ~~~~_""~-~ 11 131 L I I I ~ I Resolution No. 3238. A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A CHANGE OF ZONE FROM R-3 TO C-2 (ZC-122) ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF OAK AVENUE AND PI0 PICO DRIV Ordinance No. 9367 was introduced and given a first reading by title only and further reading was waived. Ordinance No. 9367. AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM NORTHEAST CORNER OF THE INTERSECTION OF OAK AVE- NUE AND PI0 PICO DRIVE. R-3 TO C-2 ON PROPERTY GENERALLY LOCATED AT THE The Council agreed that it was not the province of the City to require specific floor plans and a motion was made to delete ''and specific floor plans" from item 18 of Resolution No. 3239 whicl was presented and adopted as amended by title only and further reading was waived. 1 Resolution No. 3239. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. I ANNOUNCING FINDINGS AND DECISION AND ADOPTING SPECI'FIC PLAN (SP-127) TO ALLOW CONSTRUCTION OF LOCATED ON THE EAST SIDE OF PI0 PICO BETWEEN OAK AND ELM AVENUE: A TWO-STORY OFFICE BUILDING ON PROPERTY GENERALL' (b) Agenda Bi 11. #2124-Supplement #l. Regarding completion of zone change from R-1 and C-1 to C-2; and adoption of a Specific Plan (SP-126) to allow a two-story complex for commercial and professional activities at the intersection of Pi0 Pic0 Dr,ive and Elm Avenue. APPLICANT: R. L. Watson/Colonial Mall. The City Clerk stated the Affidavit of Publica- tion was'on file and that no correspondence was received. In his staff report, Mr. Agatep indicated the Planning Commission supported the findings of the Council regarding the completion of a zone change to C-2 and recommended adoption of the Specific Plan. Robert L. Watson, developer, spoke and stated he was in basic agreement with the conditions approve.21 by the Planning Commission. Mrs. Cleona Bryant, Oak Street, Carlsbad, spoke in favor of the development but opposed any ingress or egre,ss from Oak Avenue because ofc,th residential nature of the street and the number of children who would be endangered by increase traffic. + GOUt4CiLME .. 6 9 CITY OF - 3- October 16, 1.973 ~ ~~ ~~ "..~~- No one else wished to be heard and the public hearing was closed. The Council disc.ussed impending need for traffic signals .at the intersection, which, as pointed out by the Public Works Director, would become more critical at the time the Elm Avenue exten- sion to El Camino Real is complete. The following resolution was presented and adopt by title 'only with further reading waived and Ordinance No. 9368 was introduced and given a first reading by title only: Resolution No. 3240. A RESOLUTION OF THE CITY COUNCIL OF T'HE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A CHANGE OF ERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF PI0 PICO DRIVE AND ELM AVENUE. ... ZONE FROM R-1 AND C-1 TO C-2 (ZC-121) ON PROP- .. Ordinance No. 9368. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANT ING A CHANGE OF ZONE FROM R-1 AND C-1 TO C-2 . . (ZC-121) ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF PIO Pica DRIVE AND ELM AVENUE. The Council made reference to item 18 contained in proposed Resolution No. 3241, said -item incor orating a letter dated May 29, 1973, from Mr. Watson and containing proposed uses and expe.ctec tenants, as a part of the Specific Plan. It was the decision of the Council to. amend i tem 18 to read "...and other similar compatible uses." Resolution No. 3241 was subsequently presented and adopted as amended by title only and further read'i ng was waived. Resolution No. 3241. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR'LSBAD, CALIFORNIA, ANNOUNCING FINDINGS AN'D DECISION AND ADOPTING SPECIFIC PLAN (SP-126) TO ALLOW CONSTRUCTION OF A TWO-STORY COMPLEX TO BE USED FOR COMMERCIAL AND P.ROFESSIONAL ACTIVITIES,ON PROPERTY GENERAL1 SECTION OF PI0 PICO DRIVE AND ELM AVENUE, TO BE KNOWN AS THE COLONIAL MALL. LOCATED AT THE SOUTHEAST CORNER OF THE INTER- [113] (c) Agenda Bill #2174. To .consider a Specific [gg] Plan for .CT 7'3-38, to allow 117 condominium unil on 10.2 acres of land located north of Tamarack Avenue and west of Jefferso'n Street, to be known as "Carlsbad Gardens." APPLICANT: Robert Stern The'City Clerk stated the Affidavit of Publica- tion was on file and that no correspondence had been received. ~ auNCltM$ CITY a% CARLS October 16, 1973 -4- I. Resolution No. 3242. A RESOLUTION OF THE CITY ' COUNCIL -OF THE CITY OF CARLSBAD, CALIFORNIA. The Planning Director gave a staff report and explained that a Specific Plan had been approved for this area over a year ago and that Mr. Stern wished to amend the plan. He stated that lower densities and redesign required a new Specific Plan approval. The zoning remains the same. Mr. Robert Hirsch, partner of Mr. Stern in the proposed development, indicated willingness to participate in traffic signalization and to work with the school district. Fred Lance, business manager for the School District, said the district has no objection to the ,proposed development, but requested the Council withhold approval of the project until the developer has met ,with the school district. No one else wished to be heard and the public hearing was closed. Following discussion by the Council , Resolution No. 3242 was presented and adopted by ti.tle -only and further reading was waived. ANNOUNCING FINDINGS AND DECISION AND ADOPTING SPECIFIC PLAN (SP-136) TO ALLOW THE DEVELOPMENT OF 117 CONDOMINIUM UNITS ON 10.2 ACRES OF LAND GENERALLY LOCATED NORTH OF TAMARACK AVENUE AND WEST OF JEFFERSON STREET, TO BE KNOWN AS CARLSBAD GARDENS. Resolu-tion No. 3243 was introduced and seconded and discussion ensued., It was pointed out the proposed resolution, by inadvertence, did not contain a condition which encouraged the developer to work with the school district. It was moved to include item #11 regardi ng school s. It was further moved to add i tem #12, to read: "That the developer shall enter into an agree- ment w.i th the City providing f0.r a contribution by the developer toward the cost of a fully actuated traffic signal at the intersection of Tamarack and Jefferson St.reet.in 'an amount to be determined by the City Engineer pursuant to suck traffic signal policy as the City Council may adopt. I' Resolution No. 3243. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WIT4 CONDITIONS TENTATIVE MAP (CT 73-31 TO ALLOW THE DEVELOPMENT OF 117 CONDOMINIUM UNI- ON 10.2 ACRES OF LAND GENERALLY .LOCATED NORTH 01 TAMARACK AVENUE.AND WEST OF JEFFERSON TO BE KNOWN AS CARLSBAD GARDENS, LTD., was adopted by title only as amended. COBINClbME b W" 0 @ CITY OF CARbS -5- October 16, 1.973 11 31 (d) Agenda Bill #2175. To consider the Final 1991 EIR and adoption of a Specific Plan (SP-119) to (g5) allow construction of 26 lot condominium develop ment on property located southerly of and adjace to La Co.sta Avenue, immediately west of the present westerly most extension of Levante Stree to be known as "Spanish Village West." APPLICANT: La Costa Land Company The City Clerk stated Affidavits of Publication were on file and that no correspondence had been received. Mr. Agatep provided background information and stated the Specific Plan conforms over all with the La Costa Master Plan and Planned Community zoning. The staff recommended the Final EIR be accepted. Discussion by the Council involved concern for sewerage capacity for the project which would be furnished by the Leucadia County Water Dist- rict. LCWD has filed a letter with the Planning Director stating their ability to serve the northern portion of CT 73-20 and their willing- ness to accommodate the southern portion of the tract providing annexation to the district is accomplished on the portion not presently in the district, as well as payment of certain fees. Robert Ladwig, speaking on behalf of the develop stated annexation proceedings are underway and that they are in basic agreement with the con- ditions as setforth by the Planning Commissi-on. Mr. Ladwig asked, however, that the traffic signal requirements be in accordance with the proposed policy presen'tly under consideration by- the Counci 1. No one'else wished to speak and the public hear'i ng was closed. The Council discussed the Eir and a motion was made to adopt the EIR.as presented, subject to supportive information being submitted for each phase of development. The foll-owing resolution was presented and adopted by title only and further reading was waived: Resolution No. 3250. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS.AND DECISION AND ADOPTING OF A 26-LOT CONDOMINIUM PROJECT PROVIDING A MAXIMUM OF 1026 UNITS 0.N 36' ACRES OF PROPERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO LA COSTA AVENUE, IMMEDIATELY WESTERLY OF THE .PRESENT WESTERLY.MOST EXTENSION OF LEVANTE STREE TO BE KNOWN AS SPANISH VILLAGE WEST. SPECIFIC .PLAN' (sp-119) TO ALLOW THE DEVELOPMENT COWkJClLMf Y 6 e CITY QF C -6- October 16, 1973 % 4 Resolution No. 3251 approving the Tentative Map was presented and an amendment in wording of item B-3 was offered, said amendment to read: "At the time the final map is approved, the applicant shall install at his expense a fully actuated traffic signal at the intersection of Levante Street.and El Camino Real or shall com- ply in full with the traffic signal requirements for said intersection pursuant to such a traffi.c signal policy as may be adopted by the City Council prior to said time." Resolution No. 3251. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, . APPROVING WITH CONDITIONS TENTATIVE MAP (CT 73-20 I TO ALLOW THE DEVELOPMENT OF A X-LOT CONDOMINIUM PROJECT OF 96 ACRES OF PROPERTY GENERALLY LOCATE1 SOUTHERLY OF AND ADJACENT TO LA COSTA AVENUE, IMMEDIATELY WESTERLY OF THE PRESENT WESTERLY MOST EXTENSION OF LEVANTE STREET, TO BE KNOWN AS SPANISH VILLAGE WEST, was adopted by title only, as amended, and further reading was waived. 7- DEPARTMENTAL REPORTS. A. City Manager. c701 1, Agenda Bill #2155. Carlsbad Municipal Swimming Pool. The Council discussed at length the need for a community swimming pool. Concern was expressed as to the means of financing and operating such a project, as well as a joint powers agreeme'nt with the school district. The Council felt tha because of the pool plans which the pool com- mittee has proposed, and the cost involved, the public should have an opportunity to vote on' th matter. t e A motion was made directing the staff to prepare an initiative in order that it can be included I L on the ballot for the General Election in March of 1974: c741 2.. Agenda Bill #2176. Resolution to amend Fiscal Year 73-74 Salary Plan, regarding Secre- tary .to the City Attorney. Following a .brief d-iscussion by the Council, Resolution No. 3244 was presented and adopted by title only and further reading was waived. Resolution No. 3244. A RESOLUTION OF THE CITY COUNCIL 'OF THE CITY OF CARLSBAD AMENDING CITY COUNCIL RESOLUTION NO. 3153,ADOPTING SALARY PLAN FOR THE CITY FOR 1973-74. RECESS: Mayor Dunne called a recess at 8:58 P.M and ,the meeting reconvened at 9:13 P.M. with a1 1 Councilmen present. t-701 3. Agenda Bill #2165. Regarding amendment to Ordinance #3093, to establish maximum boat speed limit in open areas on the lagoon. CC4UNC1Lb~E ClTY OF GARLS COUNCILMI - 7- October 16, 1.973 Fred Lathrup, Ski Hut owner, spoke to the Counci and urged that boating regulations be retained as they exist at the present time. He stated that excessive speed by boaters was not a proble but that boat handling occas.ionally was. Other Carlsbad residents voicing similar comment were John Fox and Jerry Rombotis. Barton Lefferdink and Capt. L. W. Rash supported at the lagoon during the summer months. He stated that the basic problem was one of poor boat handling and that excessive speed was not a primary p,roblem. He also said that most of th people whom he had cautioned regarding boating safety had been cooperative. The Council discussed various means of establish ing controls on the lagoon. It was pointed out that the present police boat had a maximum speed of 40 miles per hour and that any laws the City .wished to establish must first be submitted to the State Department of Harbor and Navigation. to the Council for final approval. 4. Agenda Bill #2180. Revising Chapter 3.08 A brief'discussion was held and the following res,ol.ution was presented and adopted, and Ordin- ance No. 1160 was introduced and.given a first reading by title only and further reading was Resolution No. 3247. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZI-NG THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR STATE-ADMINIS- TRATION OF LOCAL SALES AND USE TAXES. Ordinance No. 1160. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.08 OF THE CARLSBAD MUNICIPAL CODE IMPOSING A SALES AND USE TAX TO BE ADM'INISTERED BY THE STATE BOARD OF EQUALIZA- TION AND PROVIDING PENAL,TIES FOR VIOLATIO'NS BY THE AMENDMENT OF SECTIONS 3.08.010 THROUGH 3.08.070 INCLUSIVE AND BY THE ADDITION OF SECTIONS .3.08.080 THROUGH 3.08.190 INCLUSIVE. 0- e CITY OF CARLS rnUNCILME -9- ,. c991 2. Agenda Bill #2179. Requesting approval of Tentative Map. (CT 73-28) on south side of Gibralter Street, west of Romeria Street. APPLICANT: Herb Hops for John and Louise Burnett. I Resolution No.. 3246 was presented and adopted by title only and further reading was waived. I I ~1131 Resolution No. 3246. A RESOLUTION OF THE CITY Motion COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, Ayes TO ALLOW THE DEVELOPMENT OF 16 CONDOMINIUM UNITS ON .8 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTH SIDE OF GIBRALTER STREET, WEST OF ROMERIA APPROVING VTTH CONDITIONS TENTATIVE MAP (CT 73-28: STREET. 3. Agenda Bill #2157. Regarding applicatio? for change of zone from R-1-10,000 to M on approx imately 29 acres easterly of and adjacent to Lowder Lane and southerly of intersection of Lowder Lane and Palomar Airport Road. (McReynold The Planning Director gave a staff report and stated that Dr. McReynolds had not been in contact with the Planning Department on the matter of P-M zoning in lieu of the M zoning which both the Planning Commission and Council had denied for the subject property. Dr. McReynolds addressed the Council and asked that M zoning be considered with a Specific Plan He was informed that M zoning had already been considered and denied and that no further con- sideration could. be given. Dr. McReynolds then requested the matter be continued to the next regular meeting 'for di'scussion on P-M zoning. A motion was made to continue the matter to the Motion next regulay meeting in November. Ayes ~1131 4. Agenda Bill #2144. Planning Commission - report on' appeal by KaBser-Aetna (Ponderosa Homes). Mr. Agatep stated the 'Planning Commission con- curred with the City Council -and that a redesig of the proposed project would be forthcoming fo consi>deration by the Planning Commission prior to its being submitted to the City Counci 1. ~ It was moved that further action be withheld Motion until such time as the Specific Plan redesign is Ayes submitted. Noes [I 131 5. 'Agenda Bill #2143. Planning Commission report on the appeal of the,Master Plan by Pacesetter Homes. - The Planning Commission report and recomrnenda- Motion tions were contained in a memorandum dated Ayes October 12, 1973, and supported the decision of the City Council. on the appellant's appeal regarding a Master Plan and further stipulated that a revision of the Master Plan be submitted to the Planning Commission for their review. prior to resubmittal to the City Council. The report and recommendations were accepted as ~ presented. . ,. I^D.1ILI. 0 +. e CGUNC3th Cl061 2. ’ Agenda Bill #2781. Revision of Chapter 1 11.08 regarding undergro-und uti 1 i ty di s tri cts. 1 1 ~ ~ I -1 0- .C . . P-u b-1-i c : NO r k s . [55] 1. Agenda Bill #461-Supp1ement #Z. 2efuse collection rates report. I The Acting Public Works Director stated h? had several meetings with Mr. Van Ort of McDougal Sanitation Company and that he had not had time to thoroughly review the information which had been given to him by Mr. Van Ort. Mr. Ffinagan said it was his understanding that a contract had been signed with the City of Del Mar only a few months ago, with a year and a half to go, for twice a week pick up for $2.75 a month. He felt there were several questions to be answered before a report and recommendations could be made. Two Carlsbad residentss, Mr. Lee Boyd and Mr. Barton lefferdink, spoke to the subject, Nr. Boyd protested the.present rates. Mr. tefferdin stated he did not object-to an increase in rates but he strongly objected to the level of service It was pointed out that when refuse collection became mandatory and the City assumed the respon sibi li ty of bill ing that revenues for McDougal Sanitation were increased by an additional 60%. . The contract presently under discussion is for a three year period. It was suggested that it might be more advantageous to the City to con- sider. a contra.ct on a year-to-year basis. Following discussion, a motion was made calling for a public hearing on November 7, 1973, and directing the staff to complete a study and ,to of-fIer recornmendations for Council consideration. .. Motion Ayes At the request of the Acting Pub1 ic Works Direc- tor, this matter was taken off ca.1endar for con- sideration at ,a later date. 3. Agenda Bill #2182.. Underground Advisory Commi,ttee Proposed District #3, from 1-5 to Highland Drive on Elm Avenue. . This item taken off calendar for consideration at the same time as the above,,matter. Requesting approval of Final Map for La Casta Fairview, CT 73-19. Mr. William T. Canning, d2v270p2r of the subjec project, stated all conditions of the Tentative Map have been met and all fees paid. He inform the Council that at the time the County Assesso appraised hfs development, improvements had bee made and the appraisal, while correct over all, had assigned an unusually large portion to the land. Since park-in-lieu fees are based on- appraised land value this had caused him to pay f993 4. Agenda Bill .#207I-Supplement 91. 1 i a I 1 I i 1 I I i i I 1 1 1 i I i I 1 1 j 1 P 1 111 :.. " 0 e CITY OF " -1 I- a sum several thousand dol-lars in excess of what other developers of lots which surround his prop erty had paid. He requested the Council's permission to retain a private appraiser, and if the appraisal 'is acceptable to'the Council and the park-in-lieu fees are of a lesser amount, that consideration be given to rebating a portio of the park fees which have been paid. Following discussion, a motion was made to approve the Final Map for CT 73-19, and in the event an approved appraiser assesses the prop- erty at an amount different than the County appraisal, the Council will consider refunding a portion of the fees paid, said park-in-lieu fees being held in trust. Since the hour was very late, the Council agreed the remainder of the agenda would be taken up at an adjourned meeting. 11- RATIFICATION OF BILLS AND PAYROLL: I Ratification was given the payment of the bills for the General Expenses of the City in the amount of $49,400.88, Water Department in the amount of #33,781.59, and Investments in the amount of $100,000.00, for the period of October 1 , 1973 through October 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 $85,719.53 for the period October 1 , 1973 through October 15, 1973, as certified by the Director of Finance and approve by the Auditing Committee. 12- . ADJOURNMENT: By proper motion, the meetjng was adjourned at 12:25 A.M., to Thursday, October 18, 1973, at 5:30 P.M. in the City Council Chambers. Respectfully submitted, Recordi ng Secretary CBUNCILMB