Loading...
HomeMy WebLinkAbout1974-02-19; City Council; Minutest, ,. D - D B CITY OF CARLSBAD COUNCIlMEb " Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: February 19, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: Present X X X 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting of February page 3 as to vote, item 8-b, Ponto area zonin;g. xxx Ayes 5, 1974, were approved with a correction on X Motion (b) Minutes of the adjourned regular meeting Motion X held February 6, 1974, were approved as presented. Ayes allow presentation of commendations.(See 11-A) CITY COUNCIL COMMITTEE REPORTS were deferred to x xx 5- 6- ORAL PRESENTATIONS: [42] Mayor Dunne read in full letters of commendation to Pete Franco and Lawrence Ward Duncan for their acts of bravery during separate incidents of fire. [42] BOYS CLUB. John J. Mamaux, on behalf of the Carlsbad Boys' Club, presented an award of recognition to Mayor David M. Dunne for his many years of service and effort for the Boys' Club. [42] BOY SCOUT AWARD. Mr. James Kinghorn addressed the Council on behalf of Boy Scout Troup #748, relating an act of bravery of Scout Kevin Blake, in saving the life of a lady in danger of drown- ing. Mayor Dunne presented Kevin Blake the National Award of Merit, the County Award of Merit, the Boy Scout Merit Badge and Medal, in recognition of Kevin's act of bravery. RECESS: Mayor Dunne called a br-f.ef recess at 7:15 P.M. to allow photographers to take picture; and reconvened the meeting at 7:25 P.M. with all Councilmen present. EXECUTIVE SESSION: Mayor Dunne called for an Executive Session to discuss personnel at 7:25 and the meeting reconvened at 7:40 P.M. with all Councilmen present. The Mayor announced personnel had been discussed and requested the City Manager to read a memorandum red&tTEg -tO Council discussion. 1781 The City Manager read in full a memorandum per" taining to the conflict within the Police Depart- ment, stating a fact finding committee had been appointed, consisting of Tom Reddin, former chie' of police of Los Angeles and president of LECAR,. (Law Enforcement Consulting and Research), H. Ray Barrett, Manager of Burroughs Corporation, and Joe Taylor, Supervising Agent of the Bureau of Investigation of the San Diego Division of the Attorney General's office. It is expected that recommendations will be forthcoming with-in three weeks. .. CITY OF CARLSBAD CQUNCILMEC D B B -2- February 19, 1974 I - The City Manager further stated that no perman- ent action has been taken and will not be taken pending the fact finding committee report. Mayor Dunne informed the public that it would not be appropriate to hear comments on the subject at this time. However, any one who wished to could file letters with the City Cler ~ [86] OCEANSIDE COMMUNITY ACTION CORPORATION. Nancy I Moore, representing the above corporation, addressed the Council regarding consumer com- plaints in the city. She urged the Council to officially recognize and support the program which is Federally programed and State regu- lated. It would not cost the city any money I at this time but would necessitate budgeting ~ I I funds at a future date. I ~ The City Manager recommended that no action be ~ with his recommendation. ~ 8- PUBLIC HEARINGS: taken at this time and the Council concurred Mayor Dunne declared the Public Hearings op13n at 8:OO P.M. [1131 (a) Agenda Bi 11 #3005. To consider a Specif i ~ Plan for 102 units to permit an increase of t i established height limits in RD-M zone, from 35 feet to 88 feet on property generally located on on .the south si de of L;a,\!Cos.ta.:Ave. APPLICANT: La Costa Land, a Ltd. Partnership. (LaCava) ~ ~ The City Clerk stated notices of publication are on file and no correspondence has been received. A report from the Planning Director regarding the findings of the Planning Commission was presented. The Council queried the Planning Director on the visual effects of the increase heights and the limitations created by plots’ higher than the main road. ~ I Don LaCava, general partner developing the project, stated the increased heights would permit more open space. Only 22% of the area being developed would contain structures, with 78% being preserved as open space. No one else wished to be heard and the public hearing was closed. Following discussion by the Council, Resolutiol No. 3356 was presented and adopted. RESOLUTION NO. 3356. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A SPECIFIC PLAN (SP-151) FOR A 102-UNIT CONDOMINIUM DEVel- i ~ OPMENT GENERALLY LOCATED SOUTHERLY OF AND 43 k. Mot i Ayes on xx ! r i X xx I CITY OF CARLSBAD COUNClLMEf - D II I I I I ~ I ~ I ! I I , -3- February 19, 1974 I - I ~- (Resolution No. 3356 continued) AND ADJACENT TO LA COSTA AVENUE APPROXIMATELY 610 FEET WESTERLY OF THE INTERSECTION OF NUEVA CASTILLO WAY AND LA COSTA AVENUE, APPROX1MATE:LY 8.18 ACRES. (D.L. LaCava for La Costa Land) The City Attorney recommended the tentative map not be considered at this time, but should be considered at' the second reading of the ordintanc approving the specific plan. 1 Ordinance No. 9380 was introduced and given a first reading by title only and further reading was waived. I ORDINANCE NO. 9380. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A SPECIFIC PLAN (sp-15i) FOR A IOZ~INIT CONDOMINIUM DEVELOPMENT GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO LA COSTA AVENUE SECTION OF NUEVA CASTILLO WAY AND LA COSTA AVENUE, APPROXIMATELY 8.18 ACRES. (D.L. LaCave for La Costa Land) APPROXIMATELY 610 FEET WESTERLY OF THE INTER- A motion was made to continue Resolution #3357 approving the tentative map with conditions until the second reading of Ordinance No. 9380. ~1131 (b) Agenda Bill #3307. To consider an appeal of the decision of the Planninq Commission in - denying a request for a change of zone from R-1-7500 to RD-M for development of a 49-unit condominium development on property generally located on the north side- of Locust Street between Adams Street and Harrison Street, con- sisting of approximately 2.9 acres. APPELLANT: Justice C. Gilfillan. The City Clerk stated the affidavits of publica tion are on file and that one letter from John Fox, 4215 Harrison Street, in support of the Proposed Project had been received. 1 The City Planning Director reported on the find ings of the Planning Commission in denying the subject zoning application. He further stated that staff recommendations to the Commission for approval were based on conformance with the Open Space Zoning Ordinance, the project would act as a buffer between the freeway and the residential area, and the proposed zone change would not significantly downgrade the surround- ing area. John Zink, 4129 Adams Street, spoke in favor of the development. No one else wished to be heard and the oublic I I hearing was closed. I ! A : Motion Ayes Motion Ayes &V g k\ f%w 9 xxx xxx CITY OF CARLSBAD COUNCILME) Ey @\ 8 -4- h\ fv% February 79, 1974 9 The Council discussed the proposed development, touching on theFmerit of the development as a buffer zone. On inquiry from the Council, the Planning Director stated that adjacent property owners had been notified of the proposed develop- ment and no negative responses had been received, A motion was made to grant the appeal of the Motion decision of the Planning Commission and to Ayes xxx return the matter to the Commission for furthier report for the reason that the zoning was corn- patible with the General Plan of the City. [113] (c) Agenda Bill #2219 - continued from 1-15-74. B To consider a request for approval of Specific to allow development of a 190 unit condominium Plan complex on property located at the northeast corner of the intersection of Lowder Land and APPLICANT: Hester Development Company Poinsettia Lane. The City Clerk stated she had received a letter requesting the hearing be continued 30 days. A motion was made to continue the matter to the Motion 19th of March. Ayes xxx 9- DEPARTMENTAL REPORTS: A. Planning. 1991 1. Agenda Bill 2091 - Supplement #2. Amend- ment of condition #13 for CT 73-8, Pacific Southwest Corporation. Amendment of condition #13 in Resolution #3178 having been considered at a previous Council meeting, Resolution No. 3358 was presented and adopted. RESOLUTION NO. 3358. A RESOLUTION OF THE CITY Motion X COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, Ayes xxxx AMENDING RESOLUTION NO. 3178 WHICH APPROVED PHASED DEVELOPMENT OF TAMARACK AVENUE SUBJECT TO CERTAIN CONDITIONS. TENTATIVE MAP CT 73-8 TO ACCOMMODATE THE B E991 2. Agenda Bill #2144. Report from Plannin: Commission of the revised Specific Plan and tentative map for a 420 unit residential devel- opment by Kaiser-Aetna. (Ponderosa Homes) The City Clerk informed the Council a letter was received asking that the matter be continue( until agreement had been reached by the devel- oper and the school district. After discussion, a motion was made to table Motion the matter Ayes xxxx CITY OF CARLSBAD COUNCILME1 F D b ebrua E991 - [I 131 C681 -5- ry 19, 1974 46 3. Agenda Bill #2191. Request for approval of tentative map for CT 73-47, to consolidate three existing lots into one for condominium purposes on property generally located on the west side of Jerez Court, north of Gibralter Street in La Costa. DEVELOPER: Condo Costa.. The City Clerk stated a letter had been received requesting the matter be continued to the second meeting in March. It was moved the matter be continued to March Motion 19th, 1974, to allow compliance with Policy if17. Ayes x x x' 4. Agenda Bill #2286-Supplement #l. Change of zone from "M" and "C-M" to "RD-M" for the Ponto Area. The Mayor remarked that when this matter was dis- cussed at the last meeting, he had voted no on the proposed zone change. Further, while his feelings on the subject were essentially the same, he would not oppose the zone change.:. Resolution No. 3359 was presented and adopted by Motion title only and further reading was waived. Ayes xxx RESOLUTION NO. 3359. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FOR THE PONTO AREA FROM M (INDUS- TRIAL) AND C-M (HEAVY COMMERCIAL AND LIGHT INDUS- TRIAL) TO RD-M (RESIDENTIAL DENSITY MULTIPLE) THUS ENSURING CONSISTENCY OF THE ZONING WITH THE LAND USE COMMITMENT OF THE GENERAL PLAN FOR AREA NO. 2. Ordinance No. 9382 was introduced and given (3 Motion first reading by title only and further read,ing Ayes ::x x x was waived. ORDINANCE NO. 9382. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM M (INDUSTRIAL) AND C-M (HEAVY COMMERCIAL AND LIGHT INDUSTRIAL) TO RD-M (RESIDENTIAL DENSITY MULTIPLE) THUS ENSURING CONSISTENCY OF THE ZONING WITH THE LAND USE COMMITMENT OF THE GENERAL PLAN FOR AREA NO. 2 KNOWN AS THE PONTO AREA. 5. Agenda Bill #3308. Review of Marine Environment Element of the California Costal Zone Conservation Plan for San Diego Region. The City Planner said he had reviewed the above referenced document and had prepared a report on the technical aspects of the proposed elemert. Further, additional time for a more thorough report was desirable. The Council concurred that more time was necess- ary to review the Marine Environment Element ard /' CITY OF CARLSBAD I) -6- February 19, 1974 - the City Manager was directed to make a wri ttel request to the Coastal Commission that the proposed Element be continued without decision until after April 5, 1974. B B. Public Works. E991 1. Agenda Bill #972-Supplement #l. Request for extension of tentative map for CT 72-24 (Spanish Village). The City Clerk stated a letter has been receiv requesting continuance to the next regular meeting of the Council. A motion was made to continue Agenda Bill #9.72 to the March 6th meeting of the City Council. t 991 2. Agenda Bill #1073-Supplernent #l. Request for extension of tentative map for CT 73-4 (La Costa Properties, Ltd.) The Acting Public Works Director stated the applicant had been notified of the necessity of complying with Policy #17 but to date there is no assurance of compliance. It was moved the matter be continued to March 19, 1974, and the applicant be notified of the Council's action. RECESS. Mayor Dunne called a recess at 9:15 P and the meeting reconvened at 9:30 P.M. with all Councilmen present. I c931 3. Agenda Bill #2261-Supplement #l. Sewer Connection Fees. D The City Attorney informed the Council that th proposed ordinance containing the conditions agreed on at the February 6, 1974, meeting was complete except as to the effective date. A discussion ensued and 30 days was inserted i:n the proposed ordinance. Ordinance No. 7043 was introduced for a first reading and further discussion was held on tlhe effective date for enforcement of the ordinanc A motion was made to amend the effective datle to June 30, 1974. A vote was called for on the first reading of Ordinance No. 7043 as amended. ORDINANCE NO. 7043. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 13.08 OF THE MUNICIPAL CODE i? THE AMENDMENT OF SECTION 13.08.080 TO INCREASE THE SEWER SYSTEM CONNECTION FEES AND BY THE ADDITION OF SECTION 13.08.085 TO CLARIFY THE PERMIT PROCEDURE. - n ed I e e. ;Y COUNCILME1 zqr Cly /f\ rnzm 9 Motion Ayes xxx Motion xxx Ayes X Motion X Motion Ayes Ayes xxx xxx CITY OF CARLSBAD COUNCIlMEb D February 19, 1974 -8- - - B I) ORDINANCE NO. 1164. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION TO THE CITY OF CARLSBAD CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRI BED AND DESIGNATING THE SAME AS THE "EAST CAR.LSB NO. 2.18 ANNEXATION." C321 3. Agenda Bill #3012. Application for Community Service Officer Project - CCCJ Gran't #1208, third year funding. Following a staff report and Council discussion, Resolution No. 3363 was presented and adoptedl. RESOLUTION NO. 3363. A RESOLUTION OF THE CIT'Y COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT 7'0 BEHALF OF THE CITY OF CARLSBAD THE APPLICATION FOR COMMUNITY SERVICE OFFICER PROJECT CCCJ GRANT 1208 FOR LAW ENFORCEMENT PURPOSES. THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE on1 4. Agenda Bill #3013. Application for Crin c321 Specific Burglary Project, CCCJ Grant #1476, second year funding. Following a staff report and Council discussiion, Resolution No. 3364 was presented and adopted, RESOLUTION NO. 3364. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE ON BEHALF OF THE CITY OF CARLSBAD THE APPLICATI( FOR CRIMESPECIFIC BURGLARY PROJECT CCCJ GRANT 1476 FOR LAW ENFORCEMENT PURPOSES. I341 ~291 Loader. 5. Agenda Bill #3014. Purchase of Tractor Following a staff report and Council discussion Resolution No. 3362 was presented and adopted, with paragraph #2 being deleted. RESOLUTION NO. 3362. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR A TRACTOR LOADER. 10- ORDINANCES FOR ADOPTION: (a) Agenda Bill #2285. ORDINANCE NO. 9377. CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE 390 CHINQUAPIN AVENUE, was given a second reald- ing and adopted. (R. D. STOCKTON) [113] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FROM R-1 TO RD-M ON PROPERTY LOCATED AT [571 (b) Agenda Bill #2251-Supplement #l. ORDINANCI NO. 9379. AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.52 AND 21.54 OF THE MUhlI- I I I 3 * 3 > - - - 49 motion Ayes \D ~ ~ ~ Motion Ayes ~ 3 i ~ ~ Motion Ayes N i i I ~ Ayes Motion Motion Ayes I i Motion Ayes X X X X X X xx Xi x x~ X xx X xx X xx X xx I ', CITY OF CARLSBAD COUNCILMEI -1 0- February 19, 1974 - - I B. City Manager. [97] WIDENING OF TAMARACK. The City Manager intro- duced John McCoy, 592 Elm Street, owner of prop- erty at 357 Tamarack, explaining that through oversight Mr. McCoy had not been placed formally on the agenda. B Mr. McCoy stated that the previous owners hadl entered into an agreement with the City to dedicate a 40 foot right of way in exchange for relief from public improvements. This is not a desirable agreement for Mr. McCoy and he request the Council determine the precise alignment of Tamarack. He protested the proposed intent to require dedication of land for widening of Tamarack only from one side of the street. The Acting.Public Works Director stated his staff had already spent nearly 200 hundred holurs on Tamarack alignment but have not been able to complete project with the regular staff. The City Manager suggested the matter be con- tinued until the next Council meeting and addi- tional information can be supplied the Council. It was agreed the matter.be placed on the March 6, 1974 agenda. E851 WATER SYSTEM. Mr. Franklin Lilley, consultant, [1101 reviewed the highlights of his report on the Ci.1 water system and its relationship to CMWD. He stated that the only reasonable comparison coulc be made when both agencies were operating at full strength. He pointed out that at present the City has several new department heads which prevents a full strength operation. Mr. Lilley recommended that since there is no crisis that requires a decision be made immediately that an over-all study be continued. A motion was made to accept the report and rec- ommendations and the matter be referred to stafl for continued study with regular reports to Counci 1. D 1371 CHARTER CITY. The City Manager mentioned his memorandum to the Council regarding Charter Cit; procedures. The Council discussed the matter .and agreed any action should be withheld until the new Council is seated. [78] JUVENILE DIVERSION PROGRAM. The City Manager asked Council feeling about further information and investigation regarding a prdgram designed to involve local juveniles in a work program upon their conviction of certain crimes. The Courts are encouraging the program; the parents and youths must agree to this type of participa tion. The Council expressed interest in a further report on the program. I b i II - !d I Motion Ayes X lj '@I X xx ~ I ~ ~ I ~ . I_ I) - 3, I) , CITY OF CARLSBAD -11- February 19, 1974 C. City Attorney. I: 623 1. Agenda Bi 11 #3015. Guide1 ines for the implementation of the Governmental Conflict Of Interests Act. The City Attorney pointed out the desirability 0.’ better guidelines for those who must file a conflict of interest. He stated the propos,ed ordinance was the joint effort of an ad-hoc committee of City Attorneys and various State! organizations. Following discussion, Ordinance No. 1165 was introduced for a first reading by title only and further reading was waived. ORDINANCE NO. 1165. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TION OF CHAPTER 2.02 ADOPTING GUILDELINES FOR THE IMPLEMENTATION OF THE GOTBNMENTAL CONFLICT OF INTERESTS ACT. AMENDING THE CARLSBAD MUNICIPAL CODE BY THE ADDI. [Sl] CALAVERA LAKE. Councilman McComas stated the Mater Committee asked that the report go to the County with the appraisal on the Calavera prop- erty, then a decision will be made as to whether to lease or sell. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for the General Expenses of the City in the amount of $95,486.75, the Water Department in the amount of $6,604.15, and Investments in the amount of $200,000, for the period of February 1, 1974, through February 15, 1974, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the pay- roll .in the amount of $90,962.53 for the perilod of February 1, 1974, through February 15, 1974, as certified by the Director of Finance and approved by the Auditing Committee. [34] CHAMBER OF COMMERCE. Mayor Dunne stated he had audited the bills for the Chamber and found them to be true and correct to the best of his know- ledge. He recommended the bills in the amount of $2,320.33 be ratified at this time and this amount be reimbursed the Chamber. I3- ADJOURNMENT: By proper motion, the meeting was adjourned at 11:.45 P.M. to Wednesday, March 6, 1974, at 7:OO P.M. in the City Council Chambers. utg,?l12$2, AMs, City Clerk M. Smith, Recording Secretary COUNCILME! &sor 2 52 hf fizu 9 Motion Noes xxx Ave s X Motion Ayes xxx Motion Ayes xxx Motion xxx Ayes X