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HomeMy WebLinkAbout1974-03-06; City Council; Minutes,I I. ITy OF ~/$R~~:~&kJ-J Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting: March 6, 1974 Place of Meeting: Council Chambers B Time of Meeting: 7:OO P.M. F - 8 E 1- ROLL CALL: 2- INVOCATION was offered by Mayor Dunne. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting he1 d February 19 , 1974 were approved as presented.. 5- CITY COUNCIL COMMITTEE REPORTS: [57] (a) Public Facilities - Council Policy Statement. Coun- cilman Frazee stated some time ago, an Agenda Bill regardin Pub1 ic Facilities, which would include the School Pol icy, was presented to the City Council. Following discussion, the matter was .tabled and the City Attorney was to correct the language. .Councilman Frazee stated he would like to have the matter considered again by the Council. A motion was made that the matter be removed from the tab1 e. A further motion was made that the staff be instructed to return the matter to the Planning Commission for their report and recommendation in aecordance .with the City Attorney's memorandum of February 11, 1974. [681 (b) C. P.O. - Amendment to Open Space Plan - Ti juana Flood Control Channel. Councilman Frazee reported on the matter of the Ti juana Flood Control Channel which was discussed by the C.P.O. and resulted in a tie vote. He stated thematte will be voted on again and he would like to know if the Council's desire is to continue to support Imperial Beach. A motion was made that the C.P.O. representative be in- structed to support Imperial Beach in their request for Flood Control Channel in Ti juana. [GB] (c) C.P.O. - Amendment to Joint Powers Agreement. Coun- cilman Frazee rePorted on an amendment to the CPO Joint Powers Agreement' and following Council discussion, amotion was made to adopt the following Resolution: RESOLUTION NO. 3308, authorizing the Mayor to execute an amendment to the Comprehensive Planning Organization (CPO) Joint Powers Agreement authorizing that certain Mayor or Councilman who attends COP Board of Directors' or Executi Commi ttee Meeting to receive $50.00 sum certain to rei said representative for the additional demands and ex made upon him for such service where such provision does not conflict with the Charter, of any Ordinance, rule, .regulation, or policy of a member agency. A further motion was made that the C.P.O. representative be restricted to collect the stipulated fee for attendance at regular meetings to one (1 ) meeting of each per month. @ / 1 t i I I cxXJNCiL&E .I i-yf oi" ~&qR~S~/y-=J D - D 1 I - 2- March 6, 1974 - ~ 6- HOUSING AUTHORITY: ~ ~ C1'051 The Council adjourned to the Housing Authority at 7:551 P.M. and reconvened at 8:04 P.M.. with all Councilmen present. 7- PUBLIC HEARINGS: The Hour of 7:30 P.M. having come and gone, the Mayor declared the Public Hearings open at 7:40 P.M. [981 (a) Agenda Bill #2210. To consider a street name cha.nge for Lowder Lane between Palomar Airport Road and Poins'etti Lane, and for Plaza Del Norte between Cannon Road and Pal omar Airport Road to Paseo Del Norte. The City Manager stated he had a request from the repre- sentative of some :of the businessmen in the area involved in the street name change to continue the Public Hearing since the representative was unable to attend. A staff report was given by the Planning Director who ex- plained the reason for the street name change. Mr. John Callahan, representing Cal-Mil Plastics, 6100 Lowder Lane, spoke in opposition to the street name change due to the expense it would cause his company and other businesses. He urged the Council to reject the namechang The Public.Hearing was closed at 8:OO P.M. and a motion was made to continue. the Pub1 ic Hearing to the regular 'meeting..to be held March 19 , 1974. bq 141 (b) Agenda Bi 11 #3016. -To consider an amendment to Title 21 of the Carlsbad Municipal Code, re: sign requirements. A staff report was given by the Planning Director who stated it was the recommendation of the PlanningCommissio with the concurrence of the ad hoc committee that a work study session be set for review of the proposed change. The City Manager stated this was his recommendation also. There was no one who wished to be heard at this time and a motion was made that a work study session date be set at the regular meeting to be held March 19, 1974. (c) Agenda Bill #3017. To consider an amendment to Title [114] 21 of the Carlsbad. Municipal Code, with regard to var-ious zone districts. The City Manager reported that the P-C zoning was inad- vertently included in the Agenda Bill and should be de- leted. He further stated that P-C zoning would be brough back to Council at a later date. A staff report was g.i ven by the Planning Bi rector and it was noted that no one wished to be heard regarding this matter. A motion was made that the matter be continued to the regular meeting to be held March 19, 1974, at which tfme a study session date will be set, as recommended by the City Manager. i I e 9 i r rn!JN&f&$[ ti\ !e , f, I CiTY F - 3- D. I1I;IpBLxIDp m B March 6, 1974 - - .. """ ~ "_" ~ -~~ 8- DEPARTMENTAL REPORTS :- A. Planning. E991 1 . Agenda Bi 11 #3005. Approval of Tentative Map for [113] Carl sbad Tract 73-60 (D. L. LaCava - La Costa Land, a Limited Partnership) A- staff report was given by the Planning Director and it was pointed out the developer has complied with the School Pol icy. Brief discussion was held and the fol lowing ,Resolution was adopted by title only with further reading waived: RESOLUTION NO. 3357, approving with conditions Tentative Map for Carlsbad Tract 73-60, to allow development of a 102-uni t condomi ni um on property generally 1 ocated souther ly of and adjacent to La Costa Ave. approximately 610 feet westerly.of the intersection of Nueva Castillo Way and La Costa Ave, approximately 8.18 acres. Also being considered in connection with this matter was a second reading of an Ordinance approving the Specific Plan and the following Ordinance was adopted: ORDINANCE N0.9380, adopting a Specific Plan (SP-151) flor La Costa Land, a'. Limited Partnership (D.L. LaCava) 2. Agenda Bill #3018. Approval of tentative map for [99] Carlsbad Tract 73-57 (R.K. Miller - Cal Pacific Proper- ties, Inc.) The Planning Director gave a staff report stating the developer has complied with the School Pol icy. Discussion was held and the following Resolution was adopted by title only with further reading waived: RESOLUTION NO. 3368, approving with conditions Tentative Map for Carlsbad Tract 73-57, a 14-unit condominium on 0.6 acres of land, generally located on the north side of La Costa Avenue between El Cam'ino Real and Viejo Castillo Way. W1 3. Agenda Bill #2251. - Supplement #3. Report on status of General Plan Revision. A staff report was.given by the Planning Director indica- ting dates when certain elements of the General Plan Re- vision will be completed. Following the staff report, the Council requested a list of dates when certain Elements of the General Plan are expected to be completed. B. Pub1 ic Works. E991 1. Agenda Bill #972- Supplement #l. Approval of Tentative Map Extension for Carlsbad Tract.72-24-Spanish: Vi 1 lage Unit #1 :(La Costa Land Company) The Planning Director re.ported on this matter and stated the development has complied with the School Policy. . -I ";E 1 I ~ I I CBTY - 4- I) - 0 I I March 6, 1974 w A motion was made that the request for Tentative Map Ex- tension for Carlsbad Tract 72-24 be granted for a period of one year from date of expiration (to December 19 , 1974). The Mayor called for a recess at 8:30.F.M. and the Council reconvened at 8:35 P.M. C991 2. Agenda Bill #972 - Supplement #2. Approval of Final Map for Carlsbad Tract 72-24 - Spanish Village Unit #l. (La Costa Land Company) A motion was made that the Final Map for Carlsbad Tract 72-24 be approved. m31 3. Agenda Bill #1054. - Supplement #l. Request for Public Hearing to consider Zone Change, Specific Plan and Tentative Map for Carlsbad Tract 73-1, for property lo- cated on the south side of Adams Street easterly of Hoover Street and known as Hedionda Point. (Covi ngton-Coninmark) The City Manager recommended the Pub1 ic Hearing be set for the first meeting in April. It was moved that the request by Covington-Coninmark be granted and a-Public Hearing date be set for April 9, 1974. E991 4. Agenda Bill #1058. - Supplement #l. Request for Tentative Map Extension for Carlsbad Tract 72-28, known as Pannonia. (Pacesetter Homes, Inc.) The Acting City Engineer reported that a letter was re- ceived from Pacesetter Homes, Inc. requesting the matter be continued to April 16, 1974, to allow them to negotiate further with the School District. A motion was made that the matter be continued to Apr-i1 16, 1974, to a1 1 ow the developer time to comply with the School Pol icy. C991 5. Agenda Bi 11 #1074. - supplement #l. Final Map for Carlsbad Tract 73-6 for development of a 24-unit condominium project on property located on the southerly side of Navarra Dr. between Viejo Dr. to be known as Costa Verde. (Costa Verde Associates) .. A motion was made $hat the Final Map for Carlsbad Tract 73-6 be approved. C931 6. Agenda Bi 11 #3019. Request for connection to Buena Sew& Trunk Line to provide sewer service for Carls bad Tract 72-34 (La Cuesta) and Carlsbad Tract 73-39 (Spinnaker Hills). The City C1 erk read a 1 etter dated March 6 , 1974, receive from Cabot, Cabot and Forbes, requesting that the matter be continued. She also stated that copiesof a.1e'ttwre- questing a continuance were given the Council from Ric:k En gfneering, on behalf of La Casta Land Company, datedMarch 6, 1974 and letters (2) from John J. Mamaux discussing. the sewer trunk 1 ine. I rnNCI%ME D YePllLr B f CITY OF LSBAD - - 5- March 6, 1974 - Councilman Chase stated he had spoken with Mr. Mamaux this date and Mr. Mamaux indicated to him that he would like this matter continued until March 19, 1974, as he was un- able to attend the meeting this evening. A member of the audience requested to. be heard and it was agreed by the Council since this matter was not a Pub1 ic Hearing and was requested to be continued, anyone wishing to discuss the matter should contact the City Manager for discussion with him. The City Attorney stated that an,yone who desired to be heard regarding a matter which is not a public' hearing, should write a letter prior to the next meeting stating their desire to be heard. By concensus of the Council , the matter was continued to the regular meeting to be held March 19, 1974. C971 7. Agenda Bill #3020. Request for decision on ultimate design of Tamarack Avenue. (in connection with request by property owners of lots 7 and 8 in Block 5 of Palisades No. 2 on Tamarack Ave. - Adams, Cloyd & Weiss) A'brief staff report wasgiven by the Acting City Engineer and the City Manager recommended that the Council proceed on the basis, for the time being, that this will be a102' right-of-way even though the present study may require some changes. Further, that the Council request a 42' dedication from the property owners and since it woulcl all . be coming from one side, which is not normal procedure, it is felt there is justification in this case, in order to get the dedication, to use the same agreement as was use'd with the previous owners and. to authorize the staff to prepare a document indicating that the City would.be responsible for the development of that street as a trade off for the -full dedication. He further explained that the problem is not just a question of the alignment, it is a question of the actual design. -No design work has been accomplished at this time. Lengthy discussion was he1 d by the Counci 1 and Mr. John McCoy, representing the property owners, was heard. He stated the property owners would-like to dedicate 42' to the City in lieu of putting in the improvements. In answer to a question posed by the Counci 1 , Mr. McCoy state the property owners understand that no time has been set for instal 1 ation of the improvements by the City and they would agree to this. He pointed out that Dr. Adams, one of the other property owners involved, is in the audience a1 so. Dr. Adams discussed with the Council an agreement made some 2-1/2 years ago regarding the subject property and adjacent property, which is now classified as an illegal lot split since the agreement was never executed by any- . one from- his group of property owners. He inquired if the agreement was, in fact, in effect at this time and also stated his desire, to clear the lots from being de- clared illegal lot splits. The City Manager reassured Dr. Adams that this matter can be straightened out by the staff and that a new agreement will be drawn under, different terminology and the property wi 11 again be solvent. He further informed Dr. Adams, that the proper- ty owners will have to file a parcel map on the property, since City Ordinances .require it, but will not have to comply with the normal requirements for. street improvemen > cX3JNGiLME ). .I 2 ,, PTY - 6- D - B 0 March 6, 1974 Following further discussion, a motion was made that tlhe Council instruct the staff to prepare the necessary dolcu- ments for the Offer of Dedication of 42' and an agreem'ent that the City will be responsible for future street im- provements on Tamarack. C. City Manager. E [I 041 1. Agenda Bill #2156. North San Diego C0unty.Transi-t [851 Contract. The Administrative Assistant announced the presence of Mr. Larry Bag1 ey, City Manager, City of Oceanside and stated Mr. Bagley was present to answer any questions the City Council may have. He further stated copies of the North San Diego County Transit Contract were distribut ed prior to the meeting, for the Council's review. The Council raised a question with regard to the establish ed route of the Transit System stating they had requested that La Costa be included in the route through Carlsbad. Mr. Bagley explained that the contract had been drawn before the City contacted Oceanside to inform them they would like La Costa included. He stated this would be no problem as there will be changes -almost immediately which would include La Costa as part of the transit route for Carlsbad. He explained the mechanics of the transit system and stated routes are the compl!ete jurisdication of the City of Carlsbad. He stated that if the agreement reads that routes must be approved by other cities and Carlsbad objects to this, then he would take it upon blim- self to alleviate that condition from the contract and assured the Council complete cooperation by the Oceanside Transit Sys tern and the Ci ty of Oceanside.. He as ked that it be clear to the City Counci 1 that the City of Oceansidl does not feel they should set the fare for the City of Carlsbad and it would be strictly the decision of the Carlsbad City Council. Other points made by Mr. Bagley were : 1 ) The Oceanside City Manager would recommend to his City Council that the Advisory Commi ttee on the Transit System remain in effect to review the progress and make recommendations on resolv- ing any problems which may arise. information as how much money has been taken in; how much is LTF funds;.mileage and other pertin- ent data. 3) A re-eval uation of the costs would be undertaken after the system has been in operation for a period of 90 days. 4) In answer to a question raised, Mr. Bagley stat- ed if the cost of operation should rise, S6:325 funds are based on accumulative funds and should be sufficient. March 15, 1974, there would be no change in the cost as ref1 ected. 6) The County Counsel has read the contract and ' will recommend to the Board of Supervisors at their meeting on March 13, 1974 that approval be given. 2) Quarterly reports will be submitted giving such 5) If the contract is signed by the City prior to I 1 mt$c[L&E .. I >. G!TY OF -7- B Following discussion, it was agreed that Section 8 of the ment whereby both Councils would have to approve the route schedule. , contract be amended to remove that portion of the agree- B C851 A motion was made that the negative declaration of the Environmental Impact Report be accepted. Further, a motion was made that the agreement be accepted in principle and that formal action be taken on March 12, 1974, at an adjourned regular meeting. The City Attorney -indicated that he will revise the docu- ment and exhibit. E381 2, Agenda Bill #2298. Administrative Reorganization The City Manager presented a brief staff report and the report was acknowledged by the Council. :With no ob- jections raised by the Council., the report was ordered1 filed. C741 3. Agenda Bi.11 #3021. Exemption of certain position from Personnel System Classified Status. A motion was made that the following Ordinance be intro- dyced for a first reading by title only ,with further reading waived: ORDINANCE NO. 11 66, amending Title 2 , Chapter 2.44 of the Municipal Code by the amendment of Section 2.44.030 to except certain department heads from the provisions of Chapter 2.44. E741 4. Agenda Bill #3022. Amending salary plan for [29] Fiscal Year 1973-74 - re: Assistant to Finance Director. The City Manager reported this is a budgeted position'but the position has not yet been filled. The following Resolution was adopted by title only with further reading waived: RESOLUTION NO. 3369, amending City Council Resolution NO. 3153 adopting Salary Plan for the City for FY 1973-74. .. C811 0 5. Agenda Bill #3023. Sale of City owned property- Basswood Avenue. The Assistant to the City Manager informed the Council that the parcel of property being recommended for sale is 60' x 240' lot which was purchased by the City some time ago in connection with the proposed plans for the extension of James Drive. He stated the matter was con- the 1 ot is no longer needed by the City of Carl sbad and should be sold. Lengthy discussion ensued and a motion was made that Resolution No. 3370,Geclaring that certain property is . not required for public use and declaring the Council's intention to sell said real property at Public Auction, be adopted. The motion died for lack of a second. -. sidered by the Planning Commission and it is now felt 1 I B WNC:I&ME *. a ., NCILME CITY OF CG%aRLSE.A5 B mEwmuw D 0 - 1 i f t - 8- March 6, 1974 ssplb.% It was the suggestion of the City Manager that this matter be referred back to the Planning staff for further study and further suggested by the City Attorneythat perhaps; the City Clerk, at the time of adversiting for a public hearin! should be instructed to notify surrounding property owners, It was-moved that the matter be referred back to the staff for further study on the background and purpose of the City owning this property and that the staff return to the Council with recommendations at the next regular meeting. i ~51 6. Agenda Bill #3024. Proposed annexation of certai property located west of.Rancho Santa Fe Road, north and west of the intersection of Questhaven Rd. and Rancho Santa Fe Rd. and east of the easterly terminus of Alga Rd. to be known as "East Carlsbad Annexation No. 2.19". The following Ordinance was introduced for a first reading by title only with further reading waived: ORDINANCE NO. 11 67, approving the annexation to the City of Carl sbad of certain uninhabited territory hereinafter described and designating the same as the "East Carlsblad Annexation No. 2.19". c701 7. Agenda Bill #3025. Request by Hydro Jet Corpora- C731 tion for special permit to exceed 45 MPH speed limit om Agua Hedionda Lagoon to conduct tests. The City Manager stated he had discussed this matter with representatives of Hydro Jet Corporation and they have informed him that they would like to do their testing between 8:30 A.M and 11:OO A.M. during weekdays. Some- times they may test for four or five days and then not: test for three or four weeks. The City Manager recommend- ed they contact the City prior to testing so the City may be aware. of when they are conducting tests. Mr. Bart Lefferdink, property owner at Bristol Cove, suggested that permission be granted for a period of two weeks and if no complaints are made, then a permi 1: be issued by the City. Discussion was held by the Council and it was recommended that a special permit could be issued containing certain conditions . A motion was made that the staff be instructed to issue a permit to Hydro Jet Corporation to conduct tests on Agua Hedionda Lagoon subject to certain conditions and further that the staff impress upon that Corporation that the permit is being granted on a trial basis for a period of two (2) weeks. ~311 8. Agenda Bill #3026. Request by GPA Patrol Servic for special permit to conduct private patrol service in Carl sbad. It was moved that authorization be given the staff to , issue a permit to GPA Patrol Service to operate a private patrol in the City of Carlsbad. I I , . , ,. CITY OF CA -1 0- D March 6, 1974 111111 WI 4., Agenda Bi 11 #3030. The fol 1 owing Resolution was adopted: (La Costa.- Spanish Village) RESOLUTION NO. 3374, accepting for public street purposes certain previously rejected easements. B [loo] 5. Agenda Bill #3031. The following Resolution was adopted: RESOLUTION NO. 3375, authorizing the Assessor of the County of San Diego to provide an estimate of the total of each of the items on the Assessment Roll pursuant to Section 27421 of the Government Code. EXECUTIVE SESSION: The Mayor called for an- Executive Session at 9:55 P.1 to discuss Personnel and possible litigation. The meetin! reconvened at 10:46 P.M. and the Mayor announed that possible litigation and Personnel were discussed. He stated there were a number of appointments to various committees and commissions but no action was taken at this time. He announced the following committees and commissions either had vacancies or would have vacancies by April 1, 1974: Two vacancies - Senior Citizen's Advisory Committee One vacancy - Library Board of Trustees Two vacancies - Planning Commission (April 1, 197'4) One vacancy - Traffic Safety Commission One vacancy - Housing Advisory Board One vacancy - Carlsbad Bicentennial Committee Mayor Dunne, stated the Council was in hope that the news media would publish this information so that the citizens who are interested in serving on any of the committees or commissions would submit their names to the Council. 11- ADDITIONAL BUSINESS: City Attorney. The City Attorney reported on the following matters: (a) Conflict of Interest. Signing by Governor Reag( of the Masconi Bill - Conflict of Interest. (b) EPA - New indirect sources. (c) Disclosure of Asset Forms. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of the bills for the General Expenses of the City in the amount of $104,647.22 and the Water Department in the amount of $26,142.83 for the period February 15, 1974 through February 28, 1974, . as certified by the Finance Director and approved by the Audi ti ng Commi ttee. 1 1 f 1 I t rnNCtLME I