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HomeMy WebLinkAbout1974-02-05; City Council; MinutesCITY OF CARLSBAD COUNCILMEC B - D 0 - Meeting of: CITY CCUNCIL (Regular Meeting) Date of Meeting: February 5, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- 2- 3- 4- 5- 6- u051 7- [I 041 ~331 8- ROLL CALL: I INVOCATION was given by Mayor Dunnel PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (a) Minutes of the regular meetins he1 d January 15, 1974, and (6) Minutes of the adjournec regular meeting held January 17, 1974, were approved by one motion, as presented. CITY COUNCIL COMMITTEE REPORTS: (a) C.P.O. A report was given by Councilman Frazee re- garding the C.P.O. Joint Powers Agreement. (b) Parks and Recreation Commission and Mayor's Youth Committee. Reports on the Parks and Recreation Commis- sion meeting and the Mayor's Youth Committee meeting were given by Councilman Lewis. HOUSING AUTHORITY: By consensus of the Housing Authorit) the Housing Authority meeting was deferred to the ad- journed regular meeting to be held February 6, 1974. .. . ORAL PRESENTATION of the Draft on the Final Report of the North San Diego County Transit Study by CPO/VTN was given by Mr. Lorne Whitney, Administrative Assistant of the City of Oceanside. Mr. Whitney informed the Council that Mr. Lee Holcomb of C.P.O., who had planned to assist in the presentation, had not yet arrived. Following the presentation, which Mr. Whitney stated was similar to the original presentation given the Council a few months ago, Mr. Whitney introduced Mr. Hatley, Superintendent of the Oceanside Transportation System, and informed the Council that either he or Mr. Hatley could answer any questions by the Council. During a brief question and answer period, two important points were clarified: 1) The City of Carlsbad would have flexibility of the bus routes within the City, and 2) The intent with regard to bus fees is to charge a flat rate of 256 regardless of the distance. In conclusion, Mr. Whitney informed the Council the contract would be forwarded to the City of Carlsbad shortly. I INTRODUCTION OF PUBLIC WORKS DIRECTOR: The City Manager introduced Mr. Ron Beckman as the new Public Works Director for the City of Carlsbad and reviewed his qual if i cati ons. Mr. Beckman was welcomed by the City Manager and Mayor Dunne, on behalf of the Council. PUBLIC HEARINGS: The Mayor declared the Public Hearings open at 7:30 P.M. - Y M sr o\ fig0 9 28 Present X X X Motion xxx Ayes X .: i B - B D 'c ~ CITY OF CARLSBAD -2- February 5, 1974 [113] (a) Agenda Bi 11 #2285. To consider an appl ication requesting a Change of Zone from R-1 to RD-M on property generally located on the north side of Chinquapin Ave. between Tamarack Ave. and Date St. Applicant: Robert D. Stockton. The City Clerk stated the Affidavit of Publication was on file and no correspondence had been received. The City Manager recommended that the School Pol icy re- quirement be waived in this instance, explaining that the applicant had applied for a zone change prior to the adoption of the School Policy and was not informed at the proper time by the staff that he must comply with the School Policy prior to the filing of the Parcel Map. He further explained that this recommendation was based on the fact that the applicant has complied with all other requirements and since it was an error on the part of the staff , it was felt the applicant should not be held responsible. The Pub1 ic Hearing .was closed. By consensus of the Council , requirement..for .compl.iance of the School Policy was waived antf'RESOLUTION NO. .\33=39 was adopted, without prejudice, announcing' Tin'ding's '"\ and decision on a Change of Zone. ORDINANCE NO. 9377, amending Title 21 of the Municipal Code by Granting a Change of Zone from R-1 to RD-M, was given a first reading by title only. [I 13 2 (b) Agenda Bi 11 #2286. To Consider amending the Land Use portion of the General Plan and a reclassification in zoning to comply with State Law (a) Recommending a reclassification in zoning frcm C-M to RD-M for Area No. 2, more commonly called the Ponto area: OR to con- sider amending the Land Use portion of the General Plan by changing. Land Use designation from Medium Density Residential to Light Industrial for Area No. 2, more commonly called the Ponto area. The City Clerk announced Affidavits of Publication were on file and correspondence was received with a petition containing the signatures of 276 residents of Lakeshore Gardens Mobile Home Community, dated February 1, 1974, in favor of the zone change; Also letters were received in opposition of the zone change from Mr. :Norman Vetter, Attorney, representing Mr. and Mrs. Eugene Chappee, dated February 1, 1974 and a letter from Mr:.James Ready, Attorney, representing Mitchell L. Pollard, dated February 2, 1974. A detailed report from the Planning Director was given, with transparencies, indicating the types of businesses located in the Ponto area. Mr. Dale Schriber, property owner in the Ponto area, informed the Council he was primarily interested in what a change of zone would do to his property and business, which was storage garages. He stated he was neither opposednorin favor of a zone change. Mr. Schriber was informed that for his type of structures, ! COUNCILMEi agr 0,' 29 M fvw 9 Motion x xx Ayes X Motion x xx Ayes X B - B b 'I CITY OF CARLSBAD -3- February 5, 1974 if the zone is changed, his amoritization period would be 35 years. Mr. Harry Pettridge and Mrs. Betty Puckett were heard in favor of the proposed zone change and voicc a complaint with regard to the dogs barking at the kenne' Mr. James Ready, Attorney representing Mr. Mitchell Pollard,and Mr. Eugene Chappee spoke in opposition to the zone change. Mr. Gordon Cutler, representing AT&SF Railroad, inquired if railroad property would beeffectec by the zone change. He was informed it would not. Mr. Perry Lamb, resident and former Planning Commission member, reviewed background of the Ponto area from the time of annexation to the City and stated that area was never intended to be a commercial area. He stated there is a need for study in the Ponto area and a change of zone would allow that time. He pointed out also that M and CM zones would be obsolete in the near future. 3' 1 ! The Public Hearing was closed at 8:40 P.M. I Lengthy discussion by the Council ensued. The City Attorney commented that the State Law makes it mandatorq question regarding the period of amoritization for structures in that area was discussed and the following motion was made: i that existing uses must conform with the zoning. The I It was moved that the City Attorney be instructed to prepare the necessary documents to accomodate a zone change for the Ponto Area from C-M to RD-M for presenta- tion at the next regular meeting. Mayor Dunne called for a recess at 8:50 P.M. and the Council reconvened at 9:05 P.M. I ~ [lo81 (c) Agenda Bill fr'2287. To consider an appeal of the I decision of the Planning Commission in denying a request for a Variance to increase the encroachment of the balcony into the rear yard from the permitted two (2) on the north side of Navarra Dr. Appellant: Stanley I ~ Praver. i feet to six (6) feet, on property generally located The City Clerk announced Affidavits of Publication were on file and no communications had been received. A report was given by the Associate Planner stating the reason for the Variance request and Planning staff and Planning Commission findings. ~ I ~ Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, representin ~ the appellant, distributed packets which included photo I of the site to the Council. He also had for display I a mock-up of the site. During his presentation to the , Council, he used the mock-up to demonstrate that a view of the La Costa Country Club never existed fromadjacenl lots 53 and 54, as stated by the property owner of thosc lots who was opposing the variance. Mr. Nat Simon, previous property owner of Lots 53 and 54, spoke on behalf of the present owner, in opposition to thereque: for a variance necessary due to an error by the Con- tractor. He stated this would obstruct the view from Lot 54 and the property owner of that lot paid not only for the land but for the view also. He used the mock- up provided by Mr. Banche to support his statement. r' C 2- > COUNCIlMEb j ., Mot i on Ayes xx Noes X D - D q CITY OF CARLSBAD -4- February 5 , 1974 Further comment was made by Mr. Banche and the Public Hearing was closed at 9:40 P.M. Following discussion, a motion was made that the appeal be granted and the matter be returned to the Planning Commission for report. C1131 (d) Agenda Bill #2220. To consider a Specific Plan to allow development of a financial and professional comple, on property generally located on the south side of Elm Avenue between Highland Dr. and Pi0 Pic0 Dr. Applicant: David El 1 sworth. It was reported that this matter was tabled at the last Council meeting. A motion was made that the matter be tabled until such time as the General Plan Amendement Public Hearings are scheduled. 9- DEPARTMENTAL REPORTS: A. Planning. E991 1. Agenda Bill #972 - Supplement #l. Request for extension of timeon Tenat'ive Map for Carlsbad Tract72-2 known as Spanish Village #1, located south of Levante St., west of Avillo Way. Applicant: La Costa Land Co. The City Clerk stated a letter was received from Rick Engineering on behalf of La Costa Land Company, dated February 4, 1974 requesting the matter be continued for two weeks pending receipt of the City's receipt of School District letters regarding compliance with the School District. 4 By concensus of the Council, the matter was continued to the Regular meeting to be held February 19, 1974. C991 2. Agenda Bi 11 #2704. - Supplement #l. Request for extension of time on tentative map for Carlsbad Tract 72-26, known as La Costa Meadowbrook, condominium development located north of Alga Rd. and east of El Fuerte St. Applicant: La Costa Land Company. The Associate Planner gave a report and stated it was the recommendation of the staff that the tentative map be extended. Discussion was held regarding two requirements which have been initiated since the time the OriginalTenative Map was approved; those requirements being the Council Pol icy #17 (the school pol icy) and a condition placed on Tentative Map approval that when the Traffic Signal Pol icy is adopted by the Council , the developer will be required to comply. A motion was made that the applicant be granted aTenati Map extension for Carlsbad Tract 72-26, for a period of one year. Further, the Council concurred that when the letter is written to the applicant informing him of Council action, the staff should also advise him in writing that he must comply with the matters regarding the School Policy and the Traffic Signal Policy. I COUNCILMEb Motion Ayes xx Noes X Motion Ayes Motion Ayes B - D b 1 CITY OF CARLSBAD - -5- February 5, 1974 [991 3. Agenda Bill #2144. Report back from Pannning Commission on revised Specific Plan and Tentative Map I for a 420-unit residential development by Kaiser-Aetna (Ponderosa Homes) I The City Clerk read a letter received from RickEng.ineer ing on behalf of the applicant, dated February 5, 1974, requesting the matter be continued to February 19, 1974 to allow negotiation to be completed with the School District. By consensus of the Council, the matter was continued to the next regular meeting. - c981 4. Agenda Bill #2210 - Supplement #l. Street Name Change No. 1 - Lowder Lane 8 Plaza Del Norte to Paseo Del Norte. It was agreed by the Council that a street name change be initiated and that the Public Hearing be held March 6, 1974. RESOLUTION NO. 3342, expressing the intent of the City Council to hold a Public Hearinq to consider a street I name change, was adopted by title only with further reading wai ved. I I: 991 5. Agenda Bill #2221. Consideration of aTentative Map for Carlsbad Tract 73-17 - (Nathan Simon) I The City Manager reported on this matter stating that Council Action at the last regular Council meeting, was that if the applicant had not, in writing, reauest- ed a continuance of the matter, the Tentative Map would automatically be deemed denied. He recommended adoption of a Resolution formalizing that action since the appli- cant failed to comply. I RESOLUTION NO. 3282, denying approval of a Tentative Map for Carlsbad Tract 73-17, a 12-unit condominium project generally located on the north side of Navarra Dr. between Viejo Castilla Way and the westerly cul-de- sac of Navarra Dr., was adopted. C991 6. Agenda Bill #2241. - Supplement #l. Approval of Tentative MaD for Carlsbad Tract 73-36 (Amos Sommers I - El Camino Portals). The City Manager reported that this matter had been discussed extensively at the last regular meeting and Gontinued to allow time to resolve the matter of the the slope easement. It was the City Manager's recommend1 tion that the developer grant to the City fee title for lots 148, 149 and 150, for public purposes, to the slope area adjacent to El Camino Real, and as part of the de- velopment, the slope be landscaped and provided water service in a manner acceptable to the Parks and Recrea- . ti on Director. The City Council concurred with the City Manager's re- commendation and requested the Resolution be amended to include the wording "Lots 148, 149 and 150" in con- di tion 11 of the Resolution. COUNClLMEf OGsr 3 32 h# mwJb 9 Motion x xx Ayes X Motion X) xx Ayes X - B 7 B 1 T ~ CITY OF CARLSBAD -6- February 5, 1974 RESOLUTION NO. 3301, approving with conditionsTentative Map 73-36, generally located easterly of and adjacent to El Camino Real, southerly of the present southerly most extension of Trieste Drive, was adopted as amended. 7- Agenda Bi 11 #2256. Request for approval of Egg] Tentative Map for Carlsbad Tract 73-52 (C. J. Kuderna) 1 The Associate Planner informed the Council, following review by the Planning Commission, approval was given the Tentative Map and an Open Space Management Permit was issued. Discussion was held with regard to the conditions con- tained in the Resolution approving the Tentative Map and it was agreed by the Council that Item #2, regardil submission of a grading and plot plan be deleted and that the first line of condition #16 be amended by de- leting the words "ten foot wide". IQ RESOLUTION NO. 3316, approving with conditions, Tentativr Map CT 73-52, located at the end of Cove Dirve in Bristol Cove, was adopted as amended. C991 8. Agenda Bill #2091. Request for amendment to Condition No. 13 of City Council Resolution #1378, approving a Tentative Map for Carlsbad Tract 73-8 (Douglass-Pacific Southwest Corporation). Following a staff report by the Associate Planner, Mr. Ron Bannister, Project Director for Douglass-Pacific offered explanation to the Council for the necessity of this request, pointing out that since the project was approved several months ago, several problems havearise which were not anticipated; one of them being the economical picture. Discussion was held by the Council and a motion made that the request for amendment to Resolution No. 3178 be approved and that the City Attorney be directed to prepare a new Resolution which would incorporate the i tems discussed by the Council : 1 ) the dedication of Tamarack Avenue up to the westerly edge of the property 2) Slope easements that shall be required; and 3) Emergency access requirement included. 1 [991 9. Agenda Bill #2288. Request for approval of Tentative Map for Carlsbad Tract 73-55 (J. Bree for Pacific Western Development Corporation) Following a staff report by the Associate Planner, brief discussion was held by the Council and the follow ing action taken: I RESOLUTION NO. 3343, approving with conditions,Tenative Map for Carlsbad Tract 73-55, generally located on the Northwest corner of Intersection of Tamarack Avenue and Jefferson Street, was adopted. ~ COUNCILMEP - ? I 3 Mot i on X Ayes xx x Motion Ayes Motion Ayes Motion Ayes i CITY OF CARLSBAD COUNCILMEb I) - B b 'I February 5 , 1974 -7- 1981 c251 E771 I ~ I I ~ ~ C571 I I ~ I ~ ~ E991 I I 1 10. Agenda Bill #2289. Consideration of Street Name Change No. 2 - Longport to Schooner Way. I A brief staff report was given by the Associateplanner who stated staff recommendation was that the Street Name be changed to Schooner Way which would conform with other street names in the area. RESOLUTION NO. 3344,-changing the name of Longport Road to Schooner Way, was adopted. I The Mayor called for a recess at 10:55 P.M. and the Council reconvened at 11:lO P.M. 11. Agenda Bill #2290. Annexation Study. By consensus of the Council, this matter was deferred to the adjourned regular meeting to be held February 6, 1974. 12. Agenda Bill #1088. -Supplement #l. to Guidelines for the Environmental Impact Report Amendments I Process. The 'City Attorney reported that a memorandum was dis- tributed regarding this matter. Brief discussion was held by the Council and the follow.. ing action was taken: RESOLUTION NO. 3345, amending Resolution No. 3098, by amending Exhibits A, B, Cy D and E thereto to revise the Environmental Impact Assessment form, guide1 ines for the preparation of a preliminary Environmental Impact Report, contents of an Environmental Impact Re- port and fees for processing projects, as required by amended guidelines issued by the Secretary of the Re- sources Agency pursuant to California Environmental Qual i ty Act of 1970 , was adopted. ORDINANCE NO. 1163, amending Title 19, Chapter 19.04 of the Municipal Code to revise procedures for the im- pl ementation of the California Environmental Quality Act of 1970 in accord with amended guidelines therefor, issued by the Secretary of Resources pursuant to said act, was introduced for a first reading. 13. Agenda Bill #2251. - Supplement #l. Amendment to General Plan Procedure; It was agreed by the Council that this matter be con- tinued to the adjourned regular meeting scheduled for February 6, 1974. B. Public Works. 1. Agenda Bill #1073. - Supplement #l. Request for Tentative Map time extension on Carlsbad Tract 73-4 (La Costa Properties , Ltd. ) The City Manager reported that negotiations with the school district are not yet resolved. By concensus of the Council, it was agreed this matter be continued to the next regular meeting. Mot i on A.Y e S x xx Motion Ayes Motion Ayes \ CITY OF CARLSBAD COUNCILMEN D - B B - -8- February 5, 1974 "- [991 2. Agenda Bill #2042. -Supplement #l. Approval of Final Map for Carlsbad Tract 73-15, located at the north end of cul-de-sac of Jerez Ct. (Darrel Murray) Following a brief staff report, a motion was made that the Final Map for Carlsbad Tract 73-15, be approved. [991 3. Agenda Bill #2222. - Supplement #l. Final Map approval for Carlsbad Tract 73-31, on the north side of Navarra Dr. between Viejo Castilla Way and the wester end of Navarra Dr. (Barrie Chase) A motion was made that the Final Map for Carlsbad Tract 73-31 , be approved. ~931 4. Agenda Bill #2261.- Supplement #l. Sewage Treatment Capacity Phase I11 - Enlargement to Encina Water Pol 1 ution Control Faci 1 i ty. By concensus of the Council, this matter was deferred to the adjourned regular meeting to be held February 6, 1974. C. City Manager. ~631 1. Agenda Bill #2291. Request for additional e291 Library Personnel. Brief discussion was held and the following action was taken : RESOLUTION NO. 3346, amending the budget and authorizin the expenditure of funds for City Library salaries, was adopted. 1 RESOLUTION NO. 3347, amending City Council Resolution No. 31 53, adopting salary plan for the City for 1973-74 Fiscal Year, was adopted. C771 2. Agenda Bill #2292. Proposed reorganization of P1 anning Department. By concensus of the Council, this matter was deferred to the adjourned regular meeting to be held February 6, 1974. c511 3. Agenda Bill #2293. Acceptance of a donation for the Fire Department. I A motion was made that the donation be used in the manner recommended by the staff and the following document was presented. RESOLUTION NO. 3348, accepting the donation from Mr.and Mrs. Frank Ogden and authorizing expenditure of funds. I 4. Agenda Bill #2294.- Modifying the National c301 Electrical Code in regard to Ground-faul t Circuit Protection. The following Ordinance was introduced and adopted as and Urgency Ordinance: - Y- yjf fv*v 6, Motion x Ayes X x: x Motion x xx Ayes X Mot i on x xx Ayes X Motion x xx Ayes X Motion X Ayes X X X Motion Ayes X X X COUNCllMEC CITY OF CARLSBAD I) February 5, 1974 D B -9- ORDINANCE NO. 8064, amending Chapter 18.12 of the Carls- bad Municipal Code by the addition of Section 18.12.236, amending the National Electrical Code in regard toGrounl fault circuit protection. E81 1 5. Agenda Bill #2295. Appraisal Report on Lake Cal avera . I A motion was made that the City Manager's recommendatio that the appraisal be forwarded to San Diego County in care of Mr. James Tennant, Acting Park Development Director, with the authorization for the City staff to continue negotiations for the sale of the property to the County for regional park purposes at the appraisal amount of $1,900,000.00, be accepted. Also, it was moved that authorization be given for the payment to Mr. Dodd for the appraisal fee in the amount of $3,250.00. [lo01 6. Agenda Bill #2296. Cancellation of Improperly Levied Taxes. Following a report by the City Manager explaining the matter, the following action was taken: RESOLUTION NO. 3349, authorizing the appropriate County Officers of the C0unt.y of San Diego to cancel uncol 1 ect EL taxes pursuant to Revenue and Taxation Code Section 4986. [741 7. Agenda Bill #2297. Consideration of Amendment to Public Employees Retirement Contract. It was agreed by the Counci 1 that this matter be deferreb to the adjourned regular meeting to be held February 6, 1974. I ~381 8. Agenda Bill #2298. Administration Reorganiza- I tion. I The City Manager requested this matter be taken off the Agenda and stated, at such time as it is ready for presentation, it will be placed back on the Agenda by the staff. The City Council agreed that the matter be removed from the Agenda until a later date. ' C271 9. Agenda Eill #2299. Manager's Report on Audit ~ Recommendations. I The City Manager reported on the Audit Report and Re- commendations of the City Auditor. Councilman Chase commented that he was impressed with the report and recommendations received from the Auditor and also with the response regarding steps being taken by the staff. The City Manager 's report was acknowledged and ordered filed. I - I Motion Ayes xxx Motion xxx Ayes X Motion Ayes xxx Motion Ayes x: xx , i COUNCILMEP CITY OF CARLSBAD I) - w B - -1 0- February 5, 1974 10- CONSENT CALENDAR: The following items were approved by one motion affirm- ing the actions on the Consent Calendar: A. Claim Against the City. c411 1. Claim Against the City by Mrs. Ben Ward. The following document was adopted: RESOLUTION NO. 3350, denying a claim against the City. c481 B. General Municipal Election. 1 . Agenda Bill #2227. - Supplement #l. The follow ing Resolution was adopted: RESOLUTION NO. 3351, amending Resolution No. 3290, by amendment of Section 5 to change certain voting precinc and designated polling places, and appointing election officers . - t i j C. Future Improvement Agreement. I [451 1. Agenda Bill #3001. The following Resolution [99] was adopted: I RESOLUTION NO. 3352, approving agreement between City and Ralph E. and Maryanne H. Worthing for Parcel Split #222, on property located between Roosevel t St. and Tyler St. 9 and authorizing the Mayor to execute said agreement. D. Resolutions for Adoption. C741 1. Agenda Bill #2274. The following Resolution was adopted: RESOLUTION NO. 3353, amending Resolution #1727, which adopted Personnel Rules and Regulations, by amendment of Rule X, Section 14 therefor relating to overtime. E1041 2. Agenda Bill #3002. The following Resolution was adopted: RESOLUTION NO. 3354, urging AMTRAK and UMPTA to immedi- ately explore expanded train service in the Coastal Corri dor . c511 3. Agenda Bill #3303. The :following Resolution 1291 was adopted: I RESOLUTION NO. 3355,- amending Resolution #3176, which adopted Budget for Fiscal Year 1973-74, and authorizing expenditure of funds for one (1) additional Fire Captai and four (4) additional Firemen. 11- ADDITIONAL BUSINESS: I A. City Council . I c871 1. Agenda Bill #3004. Intergovernmental Review of San Diego Area. ' < 'I CITY OF CARLSBAD COUNCIlMEb -1 1- February 5, 1974 Discussion was held by the Council regarding the Inter- governmental review of the San Diego Area and the Mayor suggested that each Councilman individual 1Y correspond with Supervisor Lou Conde. B. City Attorney. B E351 1. Memorandum from City Attorney concerning EPA Developments. Upon the request by the City Attorney, the Council agreed to defer this matter until the adjourned regular meeting to be held February 6, 1974. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for the the Auditing Committee. as certified by the Director of Finance and approved by , for the period January 16, 1974 through January 31,1974 and the Water Department in the amount of $1 3,115.70 ; x x x ; Ayes General Expenses of the City in the amount of $160,155.0 Motion Ratification was given the payment of bills for the Motion 1 Genera1 Expenses of the City in the amount of $99,638.31 Ayes x x x for the period January 16, 1974 through January 31,'1974 )I as certified by the Director of Finance and approved by the Auditing Committee. 13- ADJOURNMENT: BY proper motion, the meeting was adjourned at 11:50P.M City Counci 1 Chambers. ) X X X Ayes to Wednesday, February 6, 1974, at 3:OO P.M., in the X Motion Respectfully submitted, F/F& E. ADAMS I NORA K. GARDINER Recording Secretary B , i i