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HomeMy WebLinkAbout1974-04-02; City Council; MinutesI F D CITY OF . CA Meeting of: CARLSBAD CITY COUNCIL (Regular Meeting) Date of Meeting: April 2, 1974 Time of Meeting: . 7:OO P.M. Place of Meeting: Council Chambers - 1- 2- 3- 4- 5- 6- ~051 7- D 131 D 131 ~1131 ROLL CALL: ~~ 1 INVOCATION was given by Mayor Frazee. PLEDGE OF ALLEGIANCE was 1 ead by Vice Mayor Chase. APPROVAL OF MINUTES for the regular meeting of March 19, 1974, with a correction on page 4, Agenda Bi 11 #2254, Public Facilities Element of the General Plan, wherein the stated vote should have reflected a NO vote by Cmn. Chase, and the minutes were approved as corrected. COUNCIL COMMITTEE REPORTS were offered by Vice Mayor Chas and Mayor Frazee and no action was taken. HOUSING AUTWR-ITY: The Council adjourned to the Hous- inq Authorit-y at 7:07 P.M. and reconvened at 7:12 P.M., I with a1 1 Councilmen present. PUBLIC HEARINGS: 7:30 P.M. (a) Agenda Bill #2219. Specific Plan (SP-125) for a 190 unit condominium complex, northeast corner of intersectioq of Lowder Lane and Poinsettia Lane. APPLICANT: Hester Development Company I The City Manager recommended to the Counci 1 the matter be tabled as the developer was not yet ready to meet the Public Facilities requirements of the City and it was so moved. RECESS: ..Mayor Frazee called a recess at 7:40 P.M. 'and the Council meeting reconvened at 7:45 P.M. with all ' Councilmen present. (b) Agenda Bill #2144. Specific Plan.(SP-l31) for a 420 residential units on the north side of Olivenhain Rload, easterly of El Camino Real , known as Ponderosa Homes. APPLICANT: Kaiser-Aetna The City Attorney stated he had conferred with the attorneys for the applicant and they had requested (a 30 day continuance. This would not require readvertising of the matter. No one in the audience offered objection and a motion was made to continue the agenda bill to May 7, 1974. (c) Agenda Bill #1054. Zone change request from R-l- 15,000 to P-C, and a Specific Plan, for development of condominium complex'consisting of 52 one-bedroom units, 64 two bed.-room units and 74 three-bedroom units on property located on the south side of Adams Street, east of Hoover Street, to be known as,Hedionda Point. APPLICANT: Covington-Coninmark The City Clerk stated the matter had been properly noticed and affidavits of publication are on file. One letter was received this date from Sidney F. Dunne and copies wevie provided each Councilman. Staff reports! were given by the Planning Director and the Public Works Administrator, confirming written reports in which land use and circulation were considere at length. It was pointed out that traf.fic circulation in this area as considered by the General Plan Consult- ant, Citizen's Circulation Committee and the Engineering Department indicated this as an appropriate time to mNCILM CITY OF CARLSBAD -2- April 2, 1974 '* in the General Pl'an. . Mr. William Zonker, General Partner in Covington, Conin- mark, stated the development as presented was the same as presented and approved by the Planning Commission and as presented to the Council last year at this time. He offered to answer any questions the Council might hav,e. The following Carlsbad residents addressed the Council in opposition to the proposed project: Katie Jean Capps, John McGill, Capt. L.W. Rash, Don Huff man. Objections were based on.loss of scenic view and public acceis to presently undeveloped land, as well as increased traffic on Adams Street. 1 Mr. Paul Ecke, Carlsbad resident, spoke in favor of the '. development, stating he had assisted the owners in the purchase of the land over twenty(20) years ago, prior to development of the lagoon by the San Diego Gas and proper use of the 1 and. No one else wished to be heard and the public hearing was closed. The Council queried the staff regarding widening of Adams, open space, bicycle and pedestrian paths, and following a lengthy discussion, a motion was made to continue the findings of the Council to the second meeting in .May (5-21-74) until the adoption of the Open Space and'scenic Overlay Zoning Ordinances. j ~ Electric Company, and further, the development was a RECESS: Mayor Frazee called a recess at 9:00 p.m. and the Council meeting reconvened at 9:05 p.m., with all Councilmen present. [113] (d) Agenda Bi 11 #3048. Zone change from C-2 to R-3 to permit the conversion of an existing 30-unit complex known as Monterey Apartments, to a condominium deveiop- of Lincoln Street and Oak Avenue. APPLICANT: Chandler and D. Zimerman. Upon the recommendation of the City Manager that thle hearing be continued to allow the Council to consider another such request scheduled for the April 16th meet- ing as an appeal, the Council moved the hearing be continued to April 16, 1974. The City Manager also suggested that the Council might wish to consider adopting a policy regarding such conversions after the disposition of the two pending requests . *. ment, ?ocated at northeast corner of the interesect,ion 8- DEPARTMENTAL REPORTS: A. P1 anni nu. u c221 1. Agenda Bill #3049. CPO Preliminary Plan, Comprehensive Land Use Plan for Palomar Airport. Mr. George Frarck, Associate Regional Planner, CPO, and consultant for the Palomar Airport Land Use Plan, used visual graphics to demonstrate the impact of limited ~UNCOLASO r B D CITY OF - CARLSBAD -3- April 2, 1974 - expansion of the airport to .a General Aviation Service Airport. He stated the plan being presented needed to be reviewed and possibly revised in order for the City's General Plan and the County's to be compati 61 e. He requested that any development to come for consideration before the Council in this general area be forwarded to the County for their assessment of any impact regarding the airport. ~1141 The Council thanked Mr. Franckfor his presentation and a motion was made to instruct the CPO delegate to make eve1 effort to postpone ado.ption of CPO'.s Land Use Plan for. Palomar Airport until 'Pereira and Associates , County Consultants,or the City's Land Use Plan for that area is com lete, which ever may occur first. from Planning Commission and staff on Open Space Zoning Ordinances. (2p Agenda Bill #2251-Supplement #3. Report back The Planning Commission was in agreement with the find- ings of the Council on the Open Space (0-s) Ordinance, the staff informed the Council. Additionally, certain exclusions had been incorporated in the proposed Open Space Ordinance which would require Conditional-Use Permits for golf courses, tennis courts, private parks and playgrounds. Ordinance No. 9285 was introduced for a first reading and discussion followed. -3 \ I Councilman Chase asked for clarification on various points because of his absence at the work shop meeting. The Mayor called for the vote and the following ordin- ance was given a first reading by title only and further reading was waived. 0RDINANCE.NO. 9385. AN ORDINANCE OF THE CITY 'COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06.01 AND 21.06.020 AND BY THE ADDITION OF CHAPTER 21.33 TO E-A Exclusive Agricultural Zone. The Planning Director referred to his memorandum of March 29, 1974, wherein distances from residential zones and number of animals per acre were donsidered. He stated that these recom- mendations had not been presented to the Planning Com- mission. In the di.scussion which followed, the Planning Director explained the recommended restrictions on the number of small animals was 25,.without a Conditional Use Permit, and not closer than 100 feet of an adjoining residential zone. Large animals, recommended limitation, of one animal per half acre of lot area, no closer than 1010 feet of an adjoining residential zone. (Section 21.07. 020, (a) and (9). ESTABLISH THE 0-S OPEN SPACE ZONE. C 1 Revision of Sect ion' 21 .07.040 (h) was recommended to read: "Packing Sheds or small processing plants for farm crops similar to those being grown on the premises, provided no such processing plant is located closer than fifty feet to any lot line. A motion was made to return the proposed ordinance to the Planning Commission for their consideration af the above items as accepted by the City Council. WNClhM Motion Ayes I ~ Motion Ayes Motion Ayes . c. r B I) CITY OF -4- April 2, 1974 .- - - B. Public Works. ~" I371 1. Agenda Bi 11 #3309-Supplement #l. Widening and construction of Elm Avenue from State .Street to Washing- ton Street, Contract No. 1014. -. The low bid from Griffith Company, in the amount of $16,862.70, was accepted by the Council and the bid summary for contract #lo14 was acknowledged. The follow- ing resolution was presented and adopted by title only with further reading waived. RESOLUTION No. 3394. Accepting a bid and authorizing the execution of a contract for the construction of Eim Ave. from State Street to Washington Street, contract 51'014. c831 2. Agenda Bill #3050. Standard Specifications for Public Works. . The Council considered the recommendations of the staff to adopt the revised and reissue- of the 1973 edition of the Standard Specifications for Public Works and the following resolution was presented and adopted by title only with further reading waived. RESOLUTION NO. 3395. Adopting Standard Specifications for Public Works Construction with'in city limits. L45 1 . 3. Agenda Bill #3051. Approval of Future Improve- C931 ment Agreement, Parcel Split No. 210, AND request for C991 permission to sewer through private easement, Buena Vista - Way, Wilson Street to Crest Drive. The staff informed the Council the Future Improvement Agreement was in keeping with usual procedure, and that the request for permission to sewer through private easement was an acceptible method of relieving an exist- ent problem. The staff stated that when the time comes .for an assessment district in that area the people would be required to join. i RESOLUTION NO. 3396, approving an agreement between the City of Carl sbad and Dale W. and Eleanor G. Smith fsor execute said agreement was presented and adopted by title only and further reading was waived. It was further moved that permission be granted to sewer parcels 3 and 4 through a private easement to Wilson Street. C. City Manager. L Parcel Split No. 210, and authorjzing the Mayor to c781 1. Agenda Till #3052. ' Juyietiik DiWsion Work Program. ... The City Manager recommended the Council authorize the. implementation of a work program as an additional means of meeting the needs of local youngsters involved in law breaking ac.tivities as a constructive punishment, a method being used successfully by the San Diego County Probation Department. He stated that such a program would not affect the City's insurance program. .' Harry Walton, Project Coordinator, cited other communi- ties who implemented such a program and the success it offered. He stated that there would never be more than four juveniles to one supervisor and that the juveniles WNCOLM Mo ti on Ayes Motion Ayes Motion Ayes Motion Ayes WNCOLM r 3) I) CITY OF CARLS -5- 7 would be assigned to the Parks and Recreation Department. A motion was made directing the staff to implement the Juveni 1 e Di versi on Nor k program. 9- ORDINANCES FOR ADOPTION: I [I141 1. Agenda Bill #2251-Supplement No. 3. ORDINANCE NO. 9383. AN ORDINANCE OF THE CITY COUNCIL OmmY OF CARLSBAD,.CALIFORNIA, AMENDING TITLE 21 OF THE MIUNICI- I PAL CODE BY THE AMENDMENT OF SECTION 21.06.010 AND BY PLAIN OVERLAY ZONE was given a second reading and adopted by title only and further reading was waived. THE ADDITION OF CHAPTER 21.31 TO ESTABLISH THE F-P FLOOD- ~141 2. ORDINAiVCE NO. 9386. AN ORDINANCE OF THE CITY * COUNCIL OF THE'CITY OF CARLSBAD. CALIFORNIA. AMENDING I TITLE 21 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.06.010 AND BY THE ADDITION OF CHAPTER 21 -40 was given a second reading and adopted by title only and further reading was waived. TO ESTABLISH THE S-P SCENIC PRESERVATION OVERLAY ZONE 1 0- CONSENT CALENDAR: The fol1 owing i tems were approved by one 'motion , affirm- ing the actions of the Consent Calendar: C991 A. FINAL MAPS APPROVED: (a) Agenda Bi 11 #801 -Suppl ement #l. Carlsbad Tract 72-9, for construction of 28 unit condominiums located I at 2475 Jefferson Street. (L. E .LIDDLE) (b) Agenda Bill #792-Supplement #l. Carlsbad Tract 72-14, for construction of 30 unit condominiums located in cul-de-sac, Marina Drive. (R.'L. SIEVERS & SONS, Inc (c) Agenda Bi 11 #2000-Supplement #l. Carl sbad Trac 73-7, for construction of 58 unit condominiums project on the southerly side of La Costa Avenue, between El Camino Real and Nueva Casti 1 la Way, (LA COSTA de MARBELL ASSOCIATES) (d) Agenda Bi 11 #2162-Supplement #l. Carlsbad Trac 73-33, for construction of 16 unit condominiums on the north side of Gibraltar Street, east of Jerez Court. (BARRIE CHASE) (e) Agenda Bi 11 #2178-Supplement #1.- Carl sbadl Tract 73-5, for construction of 39 lot subdivision on the north end of Cordoba Place between Hillside and, Avi la Street. (KAMAR CONSTRUCTION COMPANY) B. RESOLUTI.ONS ADOPTED: c 981 (a) Agenda Bill #2210. Reso1:ution fJoi,;3367, chang- ing street name of Lowder Lane between Palomar Airport Road and Poinsettia Lane, and Plaza Del Norte between. Cannon Road and Palomar Airport Road, to Paseo Del Nort [4!3] . (b) Agenda Bi 11 #3053. Resolution #3397, approv- [lo81 ing agreement between City and E.C. Malone in connection with Variance No. 237, and authorizing Mayor,ta:.execute agreement. 181 1 (c) Agenda Bill #3054. Resolution #3397, accept- ing future reserved street in Neblina Drive, Carlsbad CCWNCILk 1)1 I) D CITY OF 1 CARLSBAD - 6- April 2, 1974 Tract 73-5, Laguna Riviera #8 subdivision, located north end of Cordoba Place between Hillside and Avila Street. (Kamar Construction Co.) 11- ADDITIONAL BUSINESS: ' A. City Manager. [731 1. A request for permission to test boats by Hydro Jet Boat people has been received. Recommended by the City Manager to grant an extension on their previous request for specific dates that were not utilized and that they be notified -to contact the City prior to each testing. It was so moved. c321 2. The'State Land Commission has requested th City ' list any improvements the City has made on the Harbor. It would, the City Manager said, be appropriate to notify the State that we do not plan to go ahead and therefore the lands would revert back to the state. If our position should change in the future we can again make application at that time. The question was raised if the parking facilities which the City has built would constitute improvements on the lands in question. The City Manager was asked to check on this and to then make his report to the state. It was indicated that the last report made to the state reflected that no improvements had been made. E B. City Attorney. [621 1. The conflict of interest and disclosure law:.is. presently being contested and that until such time as a decision is rendered filing of forms should be deferred. c251 2. There is now a legal requirement for Environmen- tal Impact Reports to be filed with LAFCO previous to application for annexation being considered. The C:i ty Attorney said this new requirement would affect the two annexation applications presently on file with LAFCO. C. City Counci 1. I31 Mayor Frazee asked the pleasure of the Council on supporting various Propositions which will appear on the June election ballot. . Councilman McComas stated it was his feeling that any issue which is being submitted to the. electorate should neither be supported nor opposed by the Council. The Council was in general agreement with this attitude. 12- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of the payroll in the amount of $101,852.65 for the period of March 16, 1974, through March 31, 1974, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of bills for the General Expenses of the City in the amount of $151,245.1 Water Department Expenses in the amount of $36,908.79, and Investments in the amount of $800,000.00, for the period of March 16, 1974, through March 31, 1974, as certified by the Director of Finance and approved by the Auditing Committee. I CBUNCILN CITY OF CARLSBAD COUNCIL -7- EXECUTIVE SESSION. The Mayor called for an Executive Session at 10:15 p.m., for the purpose of discussing Mayor Frazee announced that personnel had been discussed ADJOURNMENT. By proper motion, the meeting was adjourned at 11:40 p.m.