The URL can be used to link to this page

Home My WebLink About1973-12-18; City Council; Minutes8' CITY OF CARLSBAD . . . CQUNCfLMEl 0 "a 01 I i Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 18, 1973 Place of Meeting: Council Chambers . Time of Meeting: 3:OO P.M. "s"c:cp 1- ROLL CALL : 2- INVOCATION was. offered by Mayor Dunne.. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES for the regular meeting of December 4, 1973, was giveh w.ithout correc- tion. 5- CITY COUNCIL COMMITTEE REPORTS: E683 'C. P. 0. Councilman Frazee stated that Ocean- side had presented a resolution to CPO urging reactivation of the Management Committee. The Council was in basic agreement that more coord ination was needed and that the Committee woul be helpful e fgz] ENCINA WATER POLLUTION CONTROL FACrLITY. Mayo Dunne and Councilman Chase commented on progre of expansion, stating that membership in JAC for Leucadia and Encinitas has been de.layed pendSng resolution of their voting rights. Cm Chase stated that at the completion of Phase will be 4.3 million gallons per day. . . 11 and Phase 11-A Carlsbad's capacity rights ,. [63] LIBRARY. Counci7man Frazee reported the Libra Board of Trustees had decided to postpone thei request for a branch-libra.ry at La Costa until next fiscal year. They will, he added, be requesting an amendment to the budget for add- itional people; there is a $24,000 surplus in the Library budget at this time. 6- PUBLIC HEARINGS: 7:30 P.M. The Mayor declared the Public Hearings open at 7:30 P.M. E7131 (a> Agenda Bill #2241. To consider the adopt tion of a Master Plan and Specific Plan to all for development of 146 single-family resident- ial units on property generally located on the east side of El Camino Real between Kelly Driv and Chestnut Avenue. APPLICANT: Amos Sommers Neither the .developer nor his representative-. ${as in attendance. There were no objections, and with the -consent of the Council, the matter was continued to January 2, 1974. [113] (b) Agenda Bill #2242. To consider 'adoption of a Master Plan to allow develo.pment of approximately 4-00 single Family residential and condominium units 011 property located east erly of Lowder Lane, midway between Palomar Airport Road and Poinsettia Lane. APPLICANT: Pacesetter Homes, Inc. I ! k E L I z 0 -A 0 lzp i I c i CITY OF (y\RLSB/q"J - 2- December 18, 1973 4- .. 9 x<:- " The City Clerk stated the Affidavit of Publica- tion was on file and that no correspondence had been recei'ved. The Planning .Director. briefly outlined the project and stated that agreement had not yet been reached with the School District. Staff recommended continuance. Terry Crowther, Manager, project development, stated that negotiations were in progress vJith the Schools and agreement had been reached. , The question was raised as to the point at which the School Policy should be satisfied. The City Manager stated this was a discretion- ary matter but that it should be accompl'ished prior to approval of the Master Plan. No one else wished to be heard and the Public Hearing. was closed. A motion was made that the matter be continued to January 2, 1974, to allow compliance with the school policy. The City Manager and Councilman Frazee to get together to work out the ideal time for imposition of the school policy. [113] (c) Agenda Bill 62243. To consider accept- ance of Final EIR, request for zone change from R-1-10,000 to C-2, and adoption of a Specific Plan, to allow development of a shopping center complex on property generally 'located at the northeast intersection of Marron Road and El Camino Real. APPLICANT: Kelly-Kurlander, et al, and O.E. Vanderburg. The City C1 erk stated the Affidavit of Public tion was on file and that no correspondence had been received.other than that included in Counci 1 -packets. The City Planner stated that originally there were two separate applications filed, but th.a Mr. Vanderburg had joined Kelly-Kurlander and the proposed development was now'a single package. He further stated consideration had been given to down town shopping in the EIR.. Bob Ladwig, Rick Engineering and representati of applicant, indicated concurrence with find i ngs and recommendations of the Planning Com- mission and staff. Mr. Alexander tiagen, developer,. stated he had bur'lt 1'2 other shopping centers and still retained ownership of eleven of them. He presented a rendering of one of the centers. bui1.t in Santa Arla. iie jndicated that the cy9pcsed de\:Flopne:;t jn Cay: shad \,/C!L1id 1;ot ti me other development in the area would have occurred and the need for a regional shoppins center WOU!~ be establis!-izd. ;>e co;?.g-ie<;e fci- ,=: iezst !8 ~~~~t~s, 0~ kjr:i~k .- . ,r I I 1 f CQUtdCIth4E 3 0s 7- I i I ! I I I I 1 I I Motio Ryes - e .I I) "a 0 1 i i i i * CITY OF CARLSEAD -3- December 18, 7973 "" Mr. Bob Repucci, Carlsbad. resident and Down Town Marchant's Association representative, stated it was 'his feeling the proposed project was premature, and asked that the project be delayed for a year on the basis that business is bad now and that such development would hurt the down town businesses as well as the proposed stores for the shopping center. No one else wished to be heard. and the Public Heari ng was cl osed. I '.The.Council discussed the impact of the devefo ment on the community and concurred that the basic issue was proper ldnd use. It was the concensus of the Council that this type of development would not have a significant impac on the down town merchants and .the proposed project was in keeping with good land use. . It was moved that .the Final' EIR be accepted I Resolution No. 3303 was presented and.adopted RESOLUTION NO. 3303. A RESOLUTION OF THE' CIT COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AN.D DECISION ON A CHANGE OF ZONE (ZC-131 AND ZC-132) FROM R-1-10,000 (SINGLE FAMILY), TO C-2 (GENERAL COMMERCIAL) ON APPROXINATELY 17.66 ACRES OF LAND GENERALL LOCATED AT THE NORTHEAST CORNER OF THE INTER- SECTION OF MARRON ROAD AND EL CAMINO REAL TO ALLOW THE DEVELOPMENT OF A SHOPPING CENTER' COMPLEX. u Y Ordinance No. 9374 was' introduced and given a first reading by' title only and further reading was waived. ORDINANCE NO. 9374. AN ORDINANCE OF THE C'ITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY FROM R-1-10,000 (SINGLE FAMILY), TO C-2 (GENERAL COMMERCIAL) ON APPROXIMATELY 17.66 EAST CORNER O'F THE INTERSECTION OF MARRON ROAI AND EL CAMINO REAL TO ALLOW DEVEL0.PMENT OF A ET AL, AND 0. VANDERBURG. The City Attorney asked that the minutes reflect that the developer may be reqitired to obtain a permit from EPA to a,llow development to go forward and.,is hereby put on notice. GRANTING A CHANGE OF ZONE (ZC-131-AND ZC-132) ACRES OF LAND GENERALLY LOCATED AT THE NORTH- SHOPPING CENTER COMPLEX BY KELLY-KURLANDER, Resolution No. 3304 was presented for adoptio and discussion ensued. A motion was nade and seconded that Condition i28 be deleted on the basis of architectural judgement being made. The noticn failed by L L~E? f6~fG:$i!:CJ Vote. 1 L 5 COUEQCf LME 0 - 0 f i 1 i i I CITY OF Ck\ELSBAC) COUNCIL - 4- December 78, 1973 "".*""I__I." A substitute motfon was made to amend Conditio #28. by deleting the word %pprovaf" and adding the word"comme.nt" in the last sentence, last line, of condition #28. The vote was .called for on Resolution No. 3304 as amended. 11 133 1641 RESOLUTION NO. 3304. A RESOLUTION OF THE CITY COUfiCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION AND ADOPTING DEVELOPMENT OF A SHOPPING CENTER, ON PROPERTY- GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MARRON ROAD AND EL CAMINO 'SPECIFIC PLAN (SP-741 AND 146) TO ALLOW THE REAL. APPLICANT: KELLY-KURLANDER, ET AL, AND O.E. VANDERBURG. (d) Agenda Bill #2249. To consider Final EIR request for zone change From R-1-10,000 to C-2 and adopting a SpeciSic Plan, to allow develop nent of a. commerci-a7 shopping centerg on prop- erty located on the east side of El Caniino Real, between Osuna Drive and Marron Road. 'I Motion Ayes - > I APPLICANT: Otis E. Vanderburg. .The City Clerk announced the matter had been advertised for public. hearing in error. The Planning Director stated that t.his matter was to be considered at a future date ~n an appeal basis. The Council continued .the matter to the first meeting in January. (e) Agenda Bill #2225-. To consider the form- ation of Underground Utility District No. 4, I located on Roosevelt Street-from Elm Avenue to Beech Street. I The City Clerk stated notices had been posted and property owners had been notified of the public hearing. She read in full a letter received from James Gaiser and Paul S. Swirsk: 2965 Roosevelt Street, requesting exclusion from the District. Mr. Harry Truax, Underground Advis..ory Committ gave a background report of the proposed dis- trict. He stated that unlike most assessment districts, property owners would not be asses monies to pay for the undergrounding but would have to pay connection fees. !, .I e, ed Mr. James Gaiser,..property owner, said it was his understanding there was a potential cost factor in increased taxes and maintenance. X I I 1 No one else wished to be hea.rd and the .Public Heari ng was cl osed. . .~ I . Foflowii~g discussion, Resolution No. 3305 \hias t I t I r~re:p:$.ed an3 sdcyteb. ; 1 f .i 2ESOLUTION p;O. 3395. A RESOLUTION OF THE CIT~ Motion i COUNCIL OF I-f-tE CTOF CARLSBAD: CALIFORNIA, 1 Ayes 1 DECLARING AND !JESIts;gfi.TIp!G ,:.. CEzT!\I:',{ P.&RT OF ji zptI n ClT)' jQS ~i(~EE~~,C~~<~ L!TIJfy DIzTRICT t t [ rice 4 /$NS f<jAKIi'(G :?CEp.S Ips; REGAFii! TgFRF:';'!. 1 I I I i ! ; -ti iL 1. ,/ f" : \e' i b' \-i \, 2,) %-;-\, "- ; 5.:. yj5i ?}\ ! &<.f -. 9"W X Ix xx I j ;\: i ~. : : xp I 1 if t .. ti -3- December 18, 1973, _. .- U RECESS: Mayor Dunne called a recess at 8:55 and the Counci.1 reconvened with all Councilmer present at 9:lO P.M. 7- L-991 WI [993 DEPARTMENTAL .REPORTS: A. Planning. I 11-&73X Agenda Bill #2191. (continued from Aboroval of tentative map for Carlsbad'Tract'73-47 to consolidate 'three existing lots into one to be used, for condo- minium purposes, property generally'located on the west side of Jerez Court, north of Gibralter Street in La Costa. APPLICANT: Condo-Costa Developers. At the written request of the developer, the matter was continued to January 2, 1974. 12-4-2j3) Aqenda Bil-1 #2192 ('continued from Request for approval of tentative map for iarlsbad Tract 73-48, to be known as Orleans East, to allow consolidation of four existing lots into one. for condominium purpos said property being located on the north side of Pirineos Why east of Viejo Castilla Nay, La Costa. APPLICANT: Sullivan Enterprises. Resolution No. 3258 was discussed at length b the Council. It was pointed'out that letters are on file from the School Districts stating agreement has been reached between the Distri and the Developer. The Council agreed during discussion that Condition #8'should be amende to read "No trenching will be allowed without the -approval of the City Engineer;" and Condition #10 amended to read (last line) II . . . prior to Final Inspection." Resolution No. 3258 was presented and adopted as amended. RESOLUTION NO. 3258. A RESOLUTION OF THE CIT COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS, TENTATIVE MAP (CT 73-48), A 62 UNIT CONDOMINIUM ON 1.94 ACRES OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF PIRINEOS WAY EAST OF VIEJO CASTILLA WAY IN LA COSTA. (Sullivan Enterprises) Councilman Chase stated he felt the staff should be cautioned.that before stipulating that no trenching..will be allowed, the staff should be sure that utility hook-ups can be made without trenching. 3. Aaenda Bill 82221. (continued from 12-4-73)mestinq approval of Tentative , S Motion Ayes t CITY QF CF\RLSBAD 0 - 6- December 18, 1973 ""T-" -." The Planning Director stated that the School Pol-icy requirements had not been met but the applicant had not requested a continuance. , It was moved and seconded the matter be con- tinued to the next regular meeting. The motion and second were withdrawn when the City Attorney informed the Council that failure to act within 60 days without the written request for continuance from the applicant would deem the mat,ter approved. A new motion was offered to continue the matter to the next regular meeting providing the Developer notifies the City in writing by December 21, 1973, that he wishes the ma.tter continued, otherwise the Tentative Map for CT 73-17 wi.11 .be deemed denied. c991 4. Agenda Bill #2222. (continued from 12-4-73) Request for approval of Tentative Map for Cirlsbad Tract 73-31 to aliow develop- ment of 18 condominium units on property 1oca.t on the north side of Navarra Drive between V-iejo Castil la Way and the westerly end of Navarra Drive. APPLICANT: Barrie Chase. The Council discussed the condiiions contained in Resolution No. 3283, and concurred that Condition #7 be amended to read "prior to Fina Inspection." Further discussion was held regarding Condition 88 which required recon- structicn of all non-conforming sidewalks, curb and gutters.. Mr. Robert Prescott, applicant's representatic stated the improvements were in at the time of annexation to the City and met County require- ments at the time of construction. Resolution No. 3283 was pcesented..afid adopted as amended, RESOLUTION NO. 3283. A RESOLUTION OF THE CITI COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT LAND, GENERALLY LOCATED ON THE NORTH SIDE OF NAVARRA DRIVE BETWEEN ViEJO CASTILLA WAY AND THE WESTERLY END OF NAVARRA DRiV.E. APPLICANT: BARRIE CHASE. 73-31), AN 18-UNIT CONDOMINIUM ON. 0.8 ACRES 01 E991 5. Agenda Bill 82223. (continued from 1.2-4-73) Request .for approval of tentative map for Carlsbad Tract 73-50 for development ( of a 15 unit condominium on one acre of ?and located on the west side of Jefferson Street e between Buena Place and Buena Vista. APPLICANT: John McKeand I .. 1 COUiWLME ¶ iis t I //j t I I i iri 1 k .. .. i 1;:: z.! # CITY OF CARLSBAD COUNCILME "; 0 - 0 I I i I f 1 - 7- December 18, 1973 "x==,"--. nw.mu"" .~ A lengthy discussion was held regarding Con- dition #4"wherein park-in-lieu fees paid by the developer would be used to purchase the westerly 25 ft. of subject property.. .There was no supporting evidence to indicate that the 25 feet in question would have valid use except for open space. It was noted that the area in question was not situated to be useful as a part of a prospective walk-way around the lagoon. :" Fdr. Harry Truax, representing the developer, stated his client was agreeable to either the 25 feet. It was. pointed out .that according to the City ordinance,parcels of less than 50 acres were required to pay park-in-lieu fees. It was agreed by the Council that an option to purcha.se the westerly 25 feet was desirable and a brief recess waas called to work out the wording for amendment of Condition #4. RECESS: The Mayor called a recess at 10:15 and the Council reconvened at 1O:ZO P.M. with all Councilmen present. 'park-in-lieu fees or the dedication of the The Council agreed toto.amend Condition #4 in Resolution No. 3284, said amendment being the second sentence, changed to read "The City accepts the offer of the property owner to give the City option to purchase the westerly 25 feet of the subject property for the amoun of said fees." Sa-id option to be exercised prior to Final Map approval. A motion was made to delete Condition. #2 from Resolution No. 3284. t Resolution No. 3284 was presented and adopted as amended. I RESOLUTION NO. 3284. A RESOLUTION OF THE CIT COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 1 APPROVING WITH CONDITIONS TENTATIVE MAP ( CT- 73-50), A 15-UNIT CONDOMINIUM ON O.NE (1) ACRE OF LAND, GENERALLY LOCATED ON THE.UEST SIDE OF JEFFERSON STREET BETMEEN BUENA FLACE AND BUENA VISTA. APPLICANT: JOHN McKEAND It was requested the minutes reflect the developer's concurrence with the amendments to Resolution No. 3284 ~391 6.. Agenda Bill g22.24. Request for approval of tentative map for Carlsbad Tract 73-46 to allow develcprnent of nine condorniniu units on property located, on ,.the east side of Carl sbad Boul evard between Hem! ock Street afid Junfper Street. APPLTCAIiT: Charles P. Blith regarding School fees arid that the conditions outlined in Resolution 190. 3285 had been met. I ::?E) ?1 ai-;njng i;: 1-e~tc;- stzted 5 7et-t-r. fs on fjle d cta-t-irig 5,gyeemept hc(j beer, yescherj I t L i z CITY DF- CARLSSFtD 0. - 8- December 18, 1973 t I i t Following discussion, Resolution No. 3285 was presented for adoption, with the proviso that Condition #7 be modified to read". .. prior to final inspecti.on." RESOLUTION' NO-. 3285. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING UITH CONDITIONS TENTATIVE MAP (CT- LAND, GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BO'ULEVARD BETMEEN HEMLOCK AND JUNIPER STREETS. APPLICANT: Charles P. Bluth Said resolution was adopted by title only and further reading was waived. 73-46), A 9-UNIT CONDOMINIUM 'ON .. 26 ACRES OF B. Public Works. The following two Agenda Bills requesting extension of tentative maps for one year were continued to the next' regular meeting at the request of the developer. r-991 1. Agenda Bill #972-Supplement #l. Spanish c993 2. ' Ager,da Bill #2104-Supplernent #l. La Costa Village, located south of Levante Street, west of Avillo Way. hPPLICANT: La Costa Land Meadowbrook, CT 72-26, located north of Alga Road and east of El Fuerte Street. APPLICANT: La Costa Land Company c703 3. Agenda Bill R2244. Approval of Change Order No. 2 for Laguna Riviera Park Tennis Courts, Contract No. 1018 was given, and Resolution No. 3306 was presented and adopted. RESOLUTION NO. 3306. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. I AUTHORIZING THE EXPENDITURE OF FUNDS FGR LAGUNA RIVIERA TENNIS COURTS. 4. Agenda Bill #2205. (continued from 11-20- Civic Center Area. Resolution No. 3269 was presented and adopted. ' -1 I c64' 73) Underground Utility District No. 3 - RESOLUTION NO. 3269. A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. I DECLARING AND.DESIGNATING A CERTAIN PART OF- SAID CITY AS UNDERGROUND UTILITY. DISTRICT N0.3 AND MAKING ORDERS IN REGARD THER.ET0. C. City Manager. c403 1. Agertda Bill #2245. Modification of Ci ty MaRagcr ' s Off i ce 9 Sketches sho~-ing the proposed changes were presented. Kodification to the City Manager's present csnference room WGG: d permi t off i.ce'. space for tbfaricger's secretary and provide an Lddi t20zE.7 @ff'i ,:e fr;)'' th2 $,ssjs";i?t f:.o the Cj ty ~,~~~~i~~e;-. I f GCrUNCItME ~L jj! ti !I/ f! I i I i <) ij' 1 .... 0 I 1 I CITY OF CC2RLSBkD COUr4CLME -9- December 18, 1973 “.“.l” Resolution: No. 3307 was presented and adopted. RESOLUTION NO. 3307. A RES COUNCIL OF THE CITY OF ‘CARLSBAD’, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR MOD- IFICATION OF CITY MANAGER’S CONFERENCE ROOM. I301 2. Agenda Bill #2246. City participation in National F7 ood Insuranc cussed. .The City Manager information and said most r to qualify for the insuran Councilman McComas informed the Council that flood insurance is not available in any other instance; the Feder.al government makes i.t avail able only to areas of Further, unless the City is program, no funds would be available. ,It was agreed that more in pros and cons was needed b city to the program. The s provide additional information as to:the ad- vantages and disadvantages for the second meeting in January. 1341 3. Agenda Bill #2247. ization to readvertise and for Police Patrol vehicles because all previou bids received had qualifications on specifica- tions was considered by the Council, and Resolution No. 3314 was presented and adopted. RESOLUTION NO. 3314. A RE COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REJECTING ALL BIDS RECEIVED AND AUTHORIZING AND DIRECTING THE PURCHASING AGENT TO READ-VER- TIS€ BIDS FOR POLICE FATROL VEHICLES. 8- ORDINANCE FOR ADOPTION. [113] (a) Agenda Bill #2218. T was given a second reading by title only and adopted. .I ORDINANCE NO. 9373. AN OR COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY . GRANTING A CHANGE OF ZONE FORM R-1 (SINGLE . FAMILY RESIDENTIAL) TO P-c (PLANNED COMMUNITY) ON APPROXIMATELY 2.6 ACRES OF ‘LAND GENERALLY LOCATED EASTERLY OF AND ADJACENT TO EL CAMINO REAL, APPROXIMATELY 450 FT. 9OUTHERLY OF THE INTERSECTION OF CHESTNUT AVENUE AND EL CAMINO REAL. APPLICANT: ROBERT KEVANE. 9- CONSENT CALENDAR: The fcl 1 owfng itern was rem sent C,alertdar for discussi . 0:; ~ Aqtyda g.; j 1 yL~-tes i(0P.l. fi reso the Mayor to execute Revis to CP9 Joint Powers Agre*ement regardsng mi:eage stipend fcr CPtt representatives wras r’rr- - -. - .. - ." j._ . . .. _, . . ".,". ... .,, . .. . . . , . , ._ -- - . c CITY OF- \Dl cP/q"J @A ; '\,.Y,f3 -1 CQ!Ji<C[Lb\<E ~ ... 0 -1 0- December 18, i 973 endjng CFO full membership osed amendment. EXECUTIVE SESSION: Mayor Dunne called an Executive Session to discuss pe'rsonnel at 11 :05 ,P.M. The Council reconvened at with all Councilmen present and the Mayor announced personnel -had been discussed as we1.1 as an appointment to the Building Authority. ADDITIONAL BUSINESS. A. City Council. #2636. Carlsbad Building Foll owing Executive Session Mayor Dunne anrrounced the reappointment of Claude R. Helto to the Carlsbad Building Authority. B. City Manager. The City Fianager reported he had met wjth Supervisor Richard Brown, who expressed his opposition to Reg-ional Parks in general and to Lake Calavera as a regional park in partic- C. City Clerk. The City Clerk informed the Counci 1 that if they wished to file arguments for or against the community swimming pool it would be necessary to adopt a Resolution naming certain Councilmen to prepare .arguments. Any argu- ments must be filed on or before Janu The Courrcfl agreed that any arguments shou.ld be prepared and filed by citizens or members of the Swfmming Pool Committee. CHAMBER OF COMMERCE. Mayor Dunne stated he had audited the bi 1 Is for the Chamb.er and found them to ,be true and correct to the best of his knowledge. He recommended the bills in the amount of '$?,541.92 be ratified at this time and this amount be reimburse ADJOURNMENT: By proper motion, the meeting was adjourned at 11:58 P.M. to Friday, December 28, 1973, at 3:OO P.M., in the City Counci 1 Chambers. Respectful ly submitted, . Smith 5 Recordi 53 Secretzry i i i F