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HomeMy WebLinkAbout1974-03-19; City Council; MinutesCITY OF CA F B I) I Meet i ng of: CARLSBAD CITY COUNCIL (Regular Meeting) Date of Meeting: March 19, 1974 Time of Meeting: 7:OO P.M. P1 ace of Meeting: Counci 1 Chambers 1- 1- 2- 3- 4- 5- 6- c981 - DO1 11 141 ROLL CALL: ~~- .""" 1 INVOCATION was given by Mayor Frazee. PLEDGE OF ALLEGIANCE was lead by Vice i4ayor Chase. APPROVAL OF MINUTES for the adjourned regular meeting of March 12, 1974, was given with a correction on page one; Motion to adopt Resolution No. 3376 was made by Cm. McComas . COUNCIL COMMITTEE REPORTS were given by Cmn. Lewis and Mayor Frazee and no action was taken. . PUBLIC HEARINGS - 7:30 P.M. (a) Agenda Bill #2210. Street name change No. 1 from Lowder Lank and Plaza del Norte to Paseo Del Norte. The City Clerk read in full a letter from Alexander McDonald, 6571-F Lowder Lane, protesting the name change. She also stated affidavits of publication are on file. With the use of visual graphics, the Planning.Director demonstrated the areas which would be affected-by the name change, pointing out the merits of the one road bearing one name. Mr. McDonald was in the audience and reemphasized his desire that the name Lowder Lane not be changed. Mr. John J. Mamaux, representing auto dealers located on Plaza Del Norte, stated over $12,000 has been spent by the dealers on brochures and advertising. He asked the CoLnci1 to consider using street signs "Plaza Del Norte/Lowder Lane for a period. of several years to give people a chance to amortize thei'r investment. No one else wished to speak and the public hearing was closed. Following Council discussion, it was agreed the name change to Paseo Del Norte was desirahld and a motion was made to instruct the staff.to prepare the necessary documents to create the name change, to be effective in two years (1976). - (b) Agenda Bi 11 #3016. Amendment to Title 21 of the Municipal Code regarding Sign requirements. The Planning Director stated that due to the involved nature of the subject Agenda Bill he recommended the pub1 ic hearing be continued to an adjourned meeting and further, that Item (c) - Agenda Bill #3017, .amending Title 21 of the MuniciDal Code reqardinq various zone I districts also be continued to an-adjourned meeting. I Councilman Chase moved that Agenda Bi 11 s 301'6 and 3017 be considered on April 2, at 2:00 P.M. The motion died for 1 ack of a second. A new motion was given by Councilman Lewis that the two subject Agenda Bills be continued to March 26, 197 at 3:OO P.M.; the motion carried by the vote indicate .. i WNCILk 68 - Present Motion Ayes Motion Ayes Motion Ayes B D 0 CITY OF - CARLSBAD -2- March 19, 1974 ~~ ~~ ~~~ ~~ e [lo81 (d) Agenda Bi 11 #3033. An. Appeal regarding a variance relating to development standards for projects within the Agricultural Resource Management District (RM-4); property located east of Lowder Lane and north of Poinsettia Lane. APPELLANT: Pacesetter Homes, Inc. - The City Manager informed the Council he had received a phone call from the appellant requesting that the matter be continued. It was the recommendation of the City Manager that the appeal be tab1 ed and readvertised for public hearing at a future date. A motion was made to 'table the matter pending the adoption of the new Open Space Ordinance currently under consideratjon by the Council, and further to readvertise the matter at the appropriate time. (e) Agenda Bill #3034. Design Review Overlay Zone in areas such as parks, schools, Civic Center, etc. Al$o ''14' (ZCA-56) to be considered is the Environmental Impact Report. I The City Manager stated this matter had been advertised prematurely and requested its removal from the agenda. Further, he suggested that any persons in the audience who wished any information contact the staff. It was moved the matter be removed from the agenda and readvertised at a future date. C571 (f) Agenda Bi 11 #2251 -Supplement #3. Open Space Zoning. [I141 The City Clerk stated that affidavits of publication are on file for each of thefollow- ing ma.tters being considered. I. Planning Commission recommendation to amend Title 21 by adding Section 21.39, establishing Floodplain Overlay Zoning , FP-1 and FP-2 (ZCA-54) The Planning Director presented transparencies showing areas of concern and expqained the relationship of the existing interim ordinance and the new ordinances to be considered. The proposed ordinances would establis particular land uses but would not apply at this time t any specific properties. No one in the audience wished to be heard and this portion of the public hearing was closed. It was agreed by the Council that all proposed ordin-. ances relating to Open Space Zoning would be heard in toto before Council action is taken. 2. Planning Commission kecommendation to amend Title 21 by adding Section 21.07, establishing. exclusive Agricultural Zoning (ZCA-55). The Planning Director pointed out salient features of the proposed Agricultural 'Zoning as contained in Ihis staff report of February 13, 1974. COUNCILME Motion Ayes Motion Ayes r D CITY OF CARLSBAD -3- March: 19, 1974' P ~ -~ Mr. Perry Lamb, 5171 Shore Drive, addressed the Council and questioned what he considered inconsistencies betweer the proposed ordinance and exi sting ordinances. He said more restrictions were imposed for this zoning than were contained in R-A zoning. Mrs. Cleona Bryant, Oak Street, inquired what effect thi: ordinance would have on FFA programs and was informed there would be no effect. No one else wished to be heard and this portion of the public hearing was closed. . E571 3. Planning Commission recommendation to amend [I 141 Title 21 regarding Open Space. Zone (ACA-57) ' The Planning Director stated the primary purpose of this ordinance is-to create a zone which can be applied to publicly owned land that provides open space, recrea- tional, and cultural amenities. It could also be applied to certain privately owned lands such as the Buena Vista Lagoon. No one wished to be heard and this portion of the public hearing was closed. E571 E1141 Tit1 e 21 regarding Scenic Overlay Zone (ACA-58). The intention of the proposed ordinance in this matter would apply to designated scenic corridors and could expand to include other areas of the City deemed worthy of scenic preservation, stated the Planning Director. 4. Planning commission recommendation to amend Mr. Agatep further stated that the ordinances being proposed are the tools for implementation of the General Plan. .He said the areas under consideration for these various zones would go before the Planning Commission and a schedule would be presented to the Counci 1 . The City Manager, following discussion by the Council , suggested the Council take up any changes they wished that the ordinances could be adopted at the earliest possible time. It was agreed that because of the urgency of these proposed ordinances they should take precedence over the sign ordinance and it was moved they be taken up at the March 26th meeting. L to make at the meeting to be held March 26th in order [I 131 (9) Agenda Bill #2219. Specific Plan for 190 condomin ium units (SP-135). APPLICANT: Hester Dev. Co. f The City Clerk stated she had received a telegram this date requesting the matter be continued to April 2,1974 The Council agreed to continue the matter. RECESS: Mayor.Fra2ee called for a recess at 8:50 P.M. and the meeting was reconvened at 9:05 P.M. with I all Councilman present. I COUNCILMI B CITY OF CARLS - 4- . ,. - ,' . M~k~ck? iF: I 1 9 , 1-974 I 1 7- DEPARTMENTAL REPORTS : ~ .~~- - ~ A. Planning. - DO81 1. Agenda Bill #2287-Supplement #2. An .appeal of Planni'ng Commission's denial of a variance (V-234).. APPELLANT: Stanley Prav.er ' The Planning Director reviewed the conditions contained in the Commission's report and recommendations regarding an intrusion into a required rear yard from two (2) feet to 6.5 feet. Following clarification of the conditions, Resolution No. 3381 was presented and adopted. + RESOLUTION' NO. 3381 granting a variance to increase the maximum permitted encroachment into a required yard from two feet to 6.5 feet on property generally located northerly of and adjacent to Navarra Drive at its west- erly-most extension, was adopted by title only and further reading was waived. C991 2. Agenda Bi 11 #2191. Tentative Map approval , CT 73-47, Condo Costa Developer. The Planning Director gacne the history of the subject project, stating it has been continued five times. At the Council meeti.ng of February 19, 1974, a 30 day con- matter was not resolved within the 30 days, the tenta- tive map would be deemed denied. Mr. John Harrison, developer, addressed the Council and stated that verbal agreement had been reached with the school district and that a letter would be forthcoming when construction financing has been completed; a por- tion of these funds will be pledged to satisfy the public facility requirements. Mr. Harrison requested an additional 30 day continuance. . tinuance was given, with the stipulation that if the I I The Council discussed the matter and a motion was made to continue the tentative map request to April 16, 1974. C571 3. Agenda Bill #2252-Supplernent #2. Public Facili ties Element of the-General Plan. I The Planning Director stated the Planning Commission had reviewed the Counci 1 's revised version of the Public Facilities Element and were in basic agreement and recommended the adoption of said element as a part of the General Plan. They further requested the Counci to consider as a future amendment, a Capital Improvemen Program and Budget. 1 I! Resolution No. 3382 was introduced, discussed and adopted by title only and further reading was waived. RESOLUTION NO. 3382 amending the General Plan by the. addition of a Public Facilities Element to insure that all necessary public facilities are available concurren with need. I3 131 4. Agenda Bill #3007. Appeal of Planning Com- mission denial of zone change request from R-1-7500 to RD-M. APPELLANT: J. C. Gi lfillan The Planning Director reported on the findings of the WNClhM I ~ Motion Ayes Noes Motion Ayes S Motion Ayes Noes B CITY OF . -5- 9iL&ua- Planning Commission, stating that contrary to the state- ment of the developer, there still remained a circnrlatio problem involving Adams, Chinquapin and Harrison Streets He further stated the. Commission felt that while RID-M was a desirable buffer zone between the freeway and th6 residential area, the subject project contained higher' densities than recommended, that Harrison Street was a logical division between medium density residential and low density residential. Mrs. Mary Casler, Pla,nning Commissioner, addressed the Council and restated the Commission's position on the matter. She also pointed out that it appeared the usual notices which are mailed to surrounding property owners may not have been sent because several residents in the area complained they had not received any such notice. She stated the Commission also felt that the proposed vacation of Locust Street should be accomplish€ prior to approval of the project since this would have a bearing on the densities in the area. The Commission further recommended that the developer be required to make an offer of dedication on Adams, Chinquapin and Harrison. Mrs. Casler requested that no action be taker at this time and that notices be sent to surrounding property owners. lr : 1 Following Council discussion, a motion was made to readvertise for a public hearing and notification be given surrounding property owners at the earliest possible time. Mr. Harry Truax, representing the developer, stated they are agreeable to a new:ipuhl ic hearing being set. B. Public Works. E991 1. Agenda Bill #i 073-Suppl ement #l. Tentative Map extension, CT 73-4 , 108 condomini um units. I APPLICANT: La .Costa Properties, Ltd. I The City Manager stated that repeated effort has been made to contact the developer , including notice by registered mail, return receipt requested, but there has been no response. He said it was his understanding there were some internal problems and that this could account for the lack of response. The City Attorney stated the Tentative Map expires on March 20, 1974. The matter has been before the Council on two previous occasions without acknowledgement from the appl icant and since there has been no affirmative action from the applicant he therefore recommended the matter not be tabled. Councilman McComas stated that to be consistent with previous Council action he would therefore move the request for extension of time be denied. C991 2. Agenda Bill #21924upplement #2. Approval of the final map for Carlsbad Tract 73-48, known as Orlean East, Sullivan Enterprises, was given. E931 3. Agenda Bill #3019. Request to connect to Buena Sewer Trunk Line to provide Sewer Service to Ayres Ranch. Public Works Administrator, Ron Beckman, explained the COUNCDLM Motion Ayes Mo ti on Ayes Motion Ayes B CITY OF . CARLS - 6- March 19, 1974 =="=7 graphics, showing the area to be served, the proposed trunk lines and their correlation to the existing line. He pointed out that there were many details to be worked out, bu.t the proposal seemed to be the most workable of those considered and 'that it had been discussed at - length with the developer and the engineer for the . Buena Sanitation District. He further stated that the up-stream property owners have proprietary rights. Mr. Ayres, he said, would pay for the line, with certain reimbursement agreements for any future connections by other property owners. Mr. Beckman further said that it was of prime importance that a long range study be planned in order determine future development capaci ties. Mr. Beckman asked that the Council indicate whether the proposal was sufficiently adequate in order to pursue further resolution of the myriad problems attendant to the issue. If so he requested permission to proceed in his negotiations with the various districts. Mr. John J:Mamaux, representing Mr. Ayres, spoke in behalf of the proposal and stated that at such time as the parallel line to the Buena Trunk Line is built that Mr. Ayres would contribute to its construction. Mr. Byron White, attorney at law, representing propertJ owners of the Bressi Rancho, Thibodo Rancho and Carrill Rancho, Mr. Thomas E. Kern of McK Land Development Inc. representing the Loker property, and Paul Hamons, representative of Cabot, Cabot and Forbes, spoke and were in basic agreement that there was sufficient . capacity at this time for the subject properties, but as a concemof future developments in that "Design Sewer Service Area'' a comprehensive long range study should be made. r 0 ¶ The Council discussed the proposal at length and ai motion was made that the staff be instructed to begin negotiations with the Buena Sanitation District and the San Marcos County Water District and other- parties to determine whether they are willing to go along with the proposed plan. The staff was urged to expedite the solution of techni- cal details with the developer and to negotiate with the Buena people and to bring the matter back to the Council as soon as possible. It was further moved that the staff ini:tl:.ate a long range study to encompass future sewer needs and that funds be provided in the 1974-75 budget for this study. [961 4. Agenda Bill #3035. Stop control at Tamaracld Ave. and Park Drive. I It was agreed that traffic safety required the use of a four-way stop at Tamarack and Park Drive, and Resolution No. 3383 was presented. I RESOLUTION NO. 3383, establishing four-way stop control at the intersection of Tamarack and Park Drive was I adopted by title only and further reading was waived. rnNCOLM Mot i on Ayes 1 XI! I Motion Ayes I xl:l Mot-Fon Ayes I 4 XI B D D CITY OF CARLS5AD -7- March 19, 1974. " c961 5. Agenda Bill #3056. Stop control at south leg of Highland Drive at Hillside Drive. Resolution No. I 3384 was presented to effectuate stop sign installation. RESOLUTION NO. 3384, authorizing stop control on the south leg of Highland Drive at Hillside Drive was adopted by title only and further reading was waived. ~371 6. Agenda Bill #3037. Gasoline Vapor Control Sys tern . The City Manager stated that Air Pollution Control Dis- trict rulings require installation of Vapor Control Systems at all gasoline facilities for storage tanks which hold more than 550 gallons of gasoline by the 1st of Juljl, -1974, and that applications of "authority to construct" must be filed with the APCD prior to March 31, 1934. He further recommended that lease rather than purchase of the device be considered. He stated that options to purchase are for 36 months or 60 months. I Following Council discussion, it was moved the staff be authorized to make application to the San Diego County Air Pollution Control District Board for authority - to construct a gasoline vapor control system. [lo81 Dl 1 7. Agenda Bill #3047. Quitclaim of water easement no longer required by the City. Resolution No. 3391 was presented. RESOLUTION NO. 3391, authorizing the Mayor and City Clerk to execute a quitclaim deed involving a water line easement no longer required by the city, was adopted by title only and further reading was waived. (Colonial Mal 1 , Ltd. ) C. City Manager. I l.311 1 . Agenda Bi 11 #3023. Sale of City owned property located on Basswood Avenue. I The Assistant to the City Manager informed the Council the matter was being presented because of several inquiries being made regarding the purchase of the lot. The Planning Commiss,ion, upon considering the matter in June, 1973, determined that sale of the parcel was in conformance with the General Plan. However, ba9ed on a further report from the Assistant to the City Manager on March 8, 1974, it was .the Commission's recommendatio that the proposed sale be held in abeyance until the feasibility of James Drive extension has been made. r After discussing the matter, the Council concurred that cost of public improvements for the extension of James Drive be determined and property.owners be informed of that cost and the procedures of a 1911 Improvement Act. r.811 2. Agenda Bill #3038. Lease of Carrillo Ranch l701 Park Site. I The City Manager informed the Council that dedication of the Carrillo Ranch house is imminent. Mrs. Marie Carrillo Delpy is presently living there and would like to continue for a time. The City has no immediate plan for the property and could, by lease arrangement, terminate tenancy with a six months notice. 1 C%NNCILM r B D CITY OF C -8- I March 19, 1974 The Parks and Recreation Director addressed himself to questions of the Council, informing the Council that it is desirable to establish a permanent resident in the caretaker's home to prevent vandalism which might occur, particularly once the area is developed. Mr. Tom Smith, attorney at law representing Mrs. Delpy, stated that the terms.of the proposed lease are satisfac- tory to his client. A motion was made that the matter be referred to the City Attorney for preparation of the necessary documents and authorization was given for their execution. I c791 3. Agenda Bi 11 #3039. Recommendation to cancel Policy No. 13,- concerning Environmental Quality Act of 1970 was considered by the Council and.a motion was made to cancel Counci 1 Pol icy No. 13. C731 4. Agenda Bill #3040. Permission to operate Privat c311 Patrol Service was granted Clifford Owens as recommended by the staff. [771 5. Agenda Bil.1 #3041. Reorganization of the Plan- E741 ning Department by establishing the position of Assistant to the Planning Director as recommended by the staff was accepted and Resolution No. 3386 was presented. RESOLUTION NO. 3386, amending Resolution No. 31 53 adopt- ing the salary plan for the City for 1973-74, was adopted by title only and further reading was waived. t741 6. Agenda Bill #3042. Longevity Pay Study. After 1 full consideration, it was the fi.ndi.nss of 'the staff . B that advantages to employees were greater with Education Incentive Plan than with Longevity Pay.and it was their recommendation that .Longevity Pay not be reinstated. By common consent the report was,accepted. c291 7. Agenda Bill #3043. Purchase of 1974 Trucks. It was moved that Resolution No. 3388, Resolution No.3389, and Resolution No. 3390 be adopted, said resolutions being described as fol 1 ows: RESOLUTION NO. 3388, accepting bid for 1974 Chevrolet for a total cost of $3487.99 and authorizing execution .of contract with Weseloh Chevrolet Company, was adopted. L RESOLUTION NO. 3389, accepting the bid for a 1974 Dodge Pickup for a total cost of $3847.35, and authorizing the execution of contract with Mira Mesa Dodge, was adopted. RESOLUTION NO. 3390, accepting a bid for a 1974 Club Cab Pickup Truck for a total cost of .$4,384.80., and author- izing execution of a contract with Mira Mesa Dodge, was ~ ~ adopted. ~351 8. Agenda Bill #3044. A study of Boards, Commissio and Committees was accepted bv the Council and a motion accepting the recommendations- of the City Manager to refer the report to the staff with instructions to pre- pare the necessary documents for implementing the study's recommendations was made and carried. I I I CWNCBbk b. CITY OF CARLSBAD COUNCIL& -9- March 19, 1974 PACESETTER HOMES, INC. It was'recommended by the City Manager that this matter be continued to allow certain other problems attendant to the property to be resolved. Mr. Bussey indicated he had been in touch with the applicant and there was concurrence in the continuance. A motion was made to tab1 e the Agenda Bi 11 unti 1 Agenda Motion Bill #3033 has been resolved. Ayes E301 10. Agenda Bill #3046. Adopting the 1973 Edition of the Unif.orm- Plumbing Code. a I A motion was made calling a public hearing and the title of proposed Ordinance No. 8065 was read, said title being I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C~RLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS ITION OF SECTIONS 18.16.130 THROUGH 18.16.230,'INCLUSIVE, TO ADOPT BY REFERENCE THE 1973 UNIFORM PLUMBING CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS TO ADOPT A PROCEDURE FOR ADMINISTERING SAID CODE. 18.16.010 THROUGH 18.16.120, INCLUSIVE, AND BY THE ADD- The City Clerk was directed to publish the required . notices. I Motion Ayes 8- ORDINANCES FOR ADOPTION: The following- ordinances were given a second reading by title only and were adopted. E741 (a) Agenda Bill #3021. ORDINANCE NO. 1166. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 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. . Motion Ayes E251 (b) Agenda Bill #3024. ORQINANCE NO. 1167. AN Motion ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 1, Ayes CALIFORNIA, APPROVING THE ANNEXATION :TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "EAST CARLSBAD ANNEXATION NO. 2-19. " 9- ADDITIONAL BUSINESS: 1481 City Attorney: The City Attorney informed the Council League information on-disclosure forms will be-forth- coming on March 22. . He recommended the forms not he filled out until after April 1, 1974. E41 1 Mr. Biondo ,announced that litigation regarding water E221 AIRPORT. Mayor .Frazee announced the CPO hearing on the tanks had been resolved and dismissals were obtained.. Palomar Airport Plan was continued for one month. EXECUTIVE SESSION: Mayor Frazee called for an Executive Session at 10:40 P.M. for the purpose of discussing personnel and litigation. The meeting reconvened at 12:15 A.M. with all Councilmen present. The Mayor announced no action was taken. *- CITY OF CARLS COUNCIL& Ratification was given the payment of bills for the Water, Department Expenses in the .amount of $5,939.02, Water construction, $8,100, and Investments in the amount of $150,000, for the -period of March 1, 1974, through March 15, 1974, as certified by the Director of Finance and approved by the Auditing Committee. of Finance and approved by the Auditing Committee. correct to the best of his knowledge. He recommended the bills in the amount of $1,764.78 be ratified Gt this time and this amount be reimbursed the Chamber. ADJOURNMENT: By proper motion, the meeting was adjourned at-12:25 A.M. to Tuesday, March 26, 1974, at 3:OO P.M. .in the- City Council Chambers. Respectfully submitted,