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HomeMy WebLinkAbout1974-04-16; City Council; Minutesiiir” B CITY OB CAWLS Meet i ng of : CARLSBAD CITY COUNCIL (Regular Meeting) Date of Meeting: April 16, 1974 Time of Meeting: 7:OO P.M. INVOCATION was given by Mayor Frazee. PLEDGE OF ALLEGIANCE was lead by Vice Mayor Chase. APPROVAL OF MINUTES for the regular meeting of April 2, 1974, was given as minutes were presented. COUNCIL COMMITTEE REPORTS were given and no action was PUBLIC HEARINGS: [113] (a) Agenda Bi 11 #3007-Supplement #1 . An appeal of a Planning C.omm-ission denial 06 a zone change request from - R-1-7,500 to RD-M on 2.9 acres, 49-unit condominium, on north side of Locust Street between Adams Street and Harrison Street. The City Clerk stated the matter was properly noticed an Affidavits of Publication are on file. The Planning Director reviewed Planning Commission reasons for denial of project and staff.recommendations as contained in a memorandum to the City Manager dated April 8, 1974. Justice C. Gilfillan, appellant, offered to review any points previously presented that the Council might wish. He reiterated that densities for the project are more than 16 and less than 17 units per acre. He stated he would be wil-ling to file a Specific Plan, not a require- ment of RD-M zoning, if favorable consideration were given his request for RD-M zone. James D. Bender , 4070 Adams, Jack McCoy 4090 Adams,, and 1 Roger Baedeker, 4050 Adams, spoke in opposition to the proposed zoning. Dorothy Barrett, adjacent property owner, spoke in support of the rezoning. Jane Oldham, Harrison Street resident, inquired as to the effect the rezoning might have on surrounding properties as far as taxes were concerned, as well as what traffic problems might be generated by the project No one else wished to be heard and the public hearing was closed. I NS ERT : The pub1 ic hearing was reopened to a1 low Mary Casller , member of Land Use Committee and Planning Commissiion, see page to clarify various .points regarding densities as they 10 affect residential areas to the east and north. ~ I The public hearing was again closed and Council d-is- cussion ensued regarding controlling densities. A . motion was made and withdrawn to grant the appeal and to direct the staff to draw appropriate documents, and a new motion was offered directing the staff to prepare the proper documents to control densities. I New discussion was held and it was the general concensu of the Council it would be desirable to wait until the Land Use Study is complete before approving -the development . rnNCiLM Present Motion Ayes I L Mot i on Motion E” D - -. CITY OF ‘ CARLS -2- April 16, ,1974 ’ I Mayor Frazee called for the question and the motiol failed by the following vote: A motion was made that the appeal be denied without prejudice to any future action on the application. [301 (b) Agenda Bill #3046. AdoPting by reference of tlhe . 1973 Edition of the Uniform Plumbing Code. The City Clerk stated Affidavits of publication arle on file and no correspondence has been received. ! I ~ i I Dick Osborn, Director of Building and Housing, stated that the administrative section of the above named code had been deleted to allow individual cities to adopt ardinances.taylored to their own particular needs. The balance of the Code contained modifications rather than changes to the previously adopted uniform code. He further stated that the fee schedule contained in the Code was about 14% higher than the schedule presently in use. No one wished to speak and the public hearing was cl osed. Following Council discussion, a motion was made to introduce Ordinance 8065 for a first reading. ORDINANCE NO. 8065. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.16.01 0 THROUGH 1.81 6.1 20, INCLUSIVE, AND BY THE ADITION 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 AND TO ADOPT A PROCEDURE FOR.ADMINISTERING SAID CODE. ! ~ [1131 (c) Agenda Bill #3048. Zone change request from C:-2 to ’ E991 R-3 to permit conversion of 30-uni t complex known as I Monterey Apartments, to condominium development; prop- erty located at intersection of Lincoln Street andl Oak Avenue. APPLICANT: CHANDLER AND D. ZIMMERMAN. The City Clerk stated Affidavits of Publication are on file and no correspondence has been received. I The for use mee Planning Director gave a report, stating the request zone change is appropriate for conformity df land in that area. . He stated parking requirements, whilt ting‘standa.rds for C-2, are not adequate for R-3. Park-in-lieu fees would not be applicable because the development is more than five years ol d. No one wished to speak the the public hearing was closec Counci 1 discussion fo11 owed and it was pointed out that one advantage of the conversion was the requirement of pub1 ic improvements. Resolution 3392, announcing findings and decision regarding change of zone from C-2 to R-3 on the subject property was presented by title only and adopted. Ordinance 9387 was introduced for a first reading by title only and further reading was waived. I eOUNCllMi ~ $e,: Ayes ~ Noes I Motion Ayes Motion Ayes Motion Ayes . .< - - r B D CITY OF . CARLS -3- April 16, ‘1974. i ’_’ - ORDINANCE NO. 9387. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2’1 OF THE MUNICIPAL’CODE BY GRANTING A CHANGE OF ZONE FROM EAST CORNER OF THE INTERSECTION OF LINCOLN STREET AND OAK AVENUE. (Monterey Apartments) ~~ ~~ C-2 TO R-3 ON PROPERTY GENERALLY LOCATED AT THE NOIITH- ALSO CONSIDERED at this time was Resolution 3393 regard- ing .the Tentative Map. I RESOLUTION 3393, approving with conditions, Tentative Map for CT 74-2 to permit the conversion of an exi:sting 30-Unit apartment complex to a condominium development on the above named property was adopted by title olnly and further reading was waived. * RECESS: Mayor Frazee called a recess 9:05 and the meet- ing was reconvened at 9:20 with all Councilmen present. 7- DEPARTMENTAL REPORTS: A. P1 anni ng . [991 1. Agenda Bill #3055. Tentative Map approval request for CT 74-1 to allow condominium conversion of 8 units on property located on the northwest corner of the intersection of Ocean Street and Grand Avenue. APPLICANT: DR. LOIS J. SMART. . The Planning Director reviewed the reasons for Planning Commission denial of the proposed conversion, stating that through a variance, front yard setback of 5 feet wa allowed. The property owner has no means of providing additional parking facilities to meet the requirements of condominium conversi.on. Further, the City Planner recommended that if the conversion is granted, Park-in- lieu fees would be required. He referred to his memo- randum of April 5, 1974, in which certain conditions of approval were recomnended. 1 The,Council:,discussed[:the matter and it was ttie colncensu of the Council that approval of the conversion sholuld be granted. A motion was made to return the matter to the Planning Commission for recommendations. 1 John Heckt, Bank of-America, San Diego, representing the applicant, asked the Council to approve the request without returning the matter to the Commission. It was his feeling the matter might be held up until the policJ regarding apartment conversion to condominium was adopted. r Mr. Heckt was assured that act.ion would be.forthcoming prior to the policy to which he referred bejng-considere Mayor Frazee called for the vote. It was agreed by the Council that any applications for conversion to condominiums not be processed-pending the adoption of a formal policy for such conversion. - ~ ’ ’”” - CcUNClLM 1 D D CITY OF CA -4- - C991 2. Agenda Bil.1 #3056. Tentative Map for. CT 74-3 for development of an 18 unit condominium complex, north of and adjacent .to La Costa Avenue. APPLICANT: C. M. WATERS, Jr. FOR LAVIDA LA COSTA The Planiiing Director stated the proposed development meets all requirements for RD-M zoning and conform:; with the Master Plan on file for La Costa. Resolution No. 3399 was presented and adopted by title only and further reading was waived. RESOLUTION NO. 3399, approving with conditions Tentative Map (CT 74-3) for an 18-unit condominium complex on 1.14 acres northerly of and adjacent to L.a Costa Avenue, easterly of intersection of Gibralter Street and La Cost: Avenue. . E991 3. Agenda Bi 11 #2191. Tentative Map for CT 73-47 to allow consolidation of three existing lots into one I for condominium purposes, property being located 011 the west side of Jerez County, North of Gibralter. APPLICANT: CONDO-COSTA DEVELOPERS. The Planning Director stated a letter has been received requesting another 30 day continuance. Mr. Agatep reviewed the history of the proposed development, lbegin ning November 7, 1973, when approval was first requeste The matter has been continued seven times to allow the developer an opportunity to comply with the public facilities policy, which he has failed to do. " Id A motion was made to continue the matter and then the motion was withdrawn. A second motion was made to place the Agenda Bill on the next agenda and to notify the applicant by registered mail of the Council's action. This motion was also withdrawn. A motion was made to deny the request for a continuance sf the matter. A motion was made denying the Tentative Map for the reason that the applicant has not met the Public Facilities Policy. 11 141 4. Agenda Bill #3067. Report by the Planning Commission on E-A (Exclusive Agriculture) Zone. The Planning Director stated the Pl.anning Commission concurred with the recomended changes and deletions to the proposed ordinance as outlined by the City Council, and as contained in a memorandum from the Planning Director dated April 11, 1974. A motion was made introducing Ordinance No. 9384 for a first reading and incorporating amendments and deletions as contained in said memorandum, as well as the additi'on of the word "wholesale" in Section 21.07.040 (9). I ORDINANCE NO. '9384. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 I OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06.010 AND 21.06.020 AND BY THE ADDITION OF CHAPTER 21.07 TO ESTABLISH THE E-A EXCLUSIVE AGRICULTURAL ZONE was given a first reading by title only and further reading was waived. 1 COUNCILMI i I , Motion Ayes Motion Moti on Mot i on Ayes Motion Ayes Mot i on Ayes , "in T - .> CITY -5- April 16, 1974 B. Public Works. c991 1. Agenda Bill #1058-Supplement #l. . Extensiol of time on Tentative Map for CT 72-28, known as Pannonia, located south of Sunnyhill, Clearview and S'kyl i ne. DEVELOPER: PACESETTER HOMES, INC. 1 The staff stated developer has complied with school pol icy and the proposed project conforms to City standards. A motion was made to continue the Tentativ.e Map to March 6, 1975. [ 541 2. Agenda Bi 11 #3057. City-County Thorough,- fare Program. The Public Works Administrator stated a letter from San ?Diego County requesting the Board of Supervisors cut funds to the cities because of anticipated decreases in gas tax funds has been .received. The staff recommended the City of Carlsbad notify the Board of Supervisors of their objection to the pro- posed cut. Resolution No. 3400 was presented and adopted by title only and further reading was waived. RESOLUTION NO. 3400, requesting that the Board of Supervisors not reduce County aid to cities through the City-County Thoroughfare Program. ' [112] 3. Agenda Bill #3058. Rubbish and R&fuse i Abateme'nt. II . This is a yearly pf'og\am designed to abate weeds and rank growth on certain properties within the City. A 1 ist of names of property owners, their addresses, property location and parcel numbers has been com- piled and is on file in the City Clerk's office. Notices to abate said collections have been posted. Resolution No. 3401 , declaring as pub1 ic nuisances, rubbish and refuse upon private property in the City of Carlsbad was presented and adopted by title only and further reading was waived. t991 .4. Agenda Bill #989. Tentative Map extension for 380-unit condominium, north of Agua Hedionda Lagoon between 1-5 and Santa Fe Railroad right of wa APPLICANT: HUNTS PARTNERSHIP (PAPAGAYO) Councilman Chase indicated he would be abstaining from discussion and voting. The City Planner stated the Pub1 i:c .Faci 1 i ties Pol icy has been met. He said the problem at this point is action pending by the State Coastal Commission which would restrict development of the project to the C. area located between the sewer. easement line and ' Chinquapin Avenue, and no development between the sewer line easement and the edge of the lagoon. Other conditions of the Commission's approval of the project include an open space easement on the restricted property. I NCILMEN e‘” .... :-. - . CITY B k ~~~~~~~~ -6- April 16, 1974 - Mr. Agatep further stated that the upper development of the project would not be aff‘ected by the Commissic action and would be in compliance with city ordinanct Mr. Larry D. Hunts, developer, addressed the Council and emphasized,the fact that the State Coastal Com- mission had approved the proposed project and urged the Council’s favorable consideration of his request for extension of the Tentative Map. At the request of Councilman Chase, a brief recess was called at 10:35 p.m. to allow him an opportunity to examine previous records on the project. The Council reconvened at 10:35 p.m. with’all Councilmen present. Following lengthy discussion by the Council, a motio was made granting a one year extension of the Tentative Map from the date of expiration (1-2-74) , contingent upon the filing of an amendment to the Specific Plan (Ord. 9311 ) , for that portion southerl, of the sewer line, which shall be.approved by the City of Carlsbad prior tosthe recordation of the final map. ~ ~ _~_~ c. City Manager. C731 1. Agenda Bill #3059. Request for permission ~701 to test boats on Agua Hedionda Lagoon. The staff recommended that if permission is given for testing boats that the Police Department be notified specifically of the dates and the hours of testing. . Barton Lefferdink, Carlsbad resident, questioned the real intent of the applicants, Snug Harbor Ski Hut and Litchfield Brothers, in their request. Mr. Litchfield, applicant and boat builder, stated testing would occur only about eight times during the year. This was necessary when building new boats with different specifications and when modify- ing other boats substantially. He said it was done judicially if for no other reason than the exceed- ingly high cost in testing. It was pointed out by the staff that such testing has been allowed for many years and to date there has not been any problem. A motion was made granting permission to both appli- cants to test boats on Tuesday or Wednesday, betweer the hours of 1O:OO a.m. and 12 noon for a period of one year, and that prior to testing the City Manager be notified. .. Wanda Eaton, Carlsbad resident, inquired about the original ordinance which specifically allowed the testing of boats and was informed it had been deleted when the ordinance regulating speeds on the lagoon was adopted. - 5 Ft 3P @?:A, cGtqf-!&;E C]"Y E"! W6 pp . +b&dhL,bJdA sf- 4% ."? e?" - B D D -7 - - ~ . - .., -~. ..~ ~ - - Bo1 2. Agenda Bill #3060. Public Official Bond. The City Manaqer informed the Council that the Municipal Code re$uires-that the City Manager and the Acting City Manager be bonded. Other City Officials are bonded in the amount of $25,000 and it was recommended this amoun would be approriate for the two officials named above. A motion was made authorizing the bonding of the City Manager and the Acting City Manager in the amount of $25,000. [741 3. Agenda Bill #3061. Disability retirement for Safety Members. RESOLUTION NO. 3402, delegating to the office of the City Manager' the authority. on behalf of the City of Carlsbad to determine the nature of disabilities and to certify such disabilities-to the Public Employees' Retirement System, was presented by title only and adopted. Dl1 4. Agenda Bill #3062. Sale of Water Department owned property in Bonsall. This bnopertj :was -prpviuusTy declared .s&plus'.ancf to be .sold. 'Resolution No. 3403 was presented for adoption. RESOLUTION NO. 3403. declaring that certain property, hereinafter described, is not required for public use and declaring its intention to sell said real property at public auction, was adopted by title only and further reading was waived. Dl 5. Agenda Bill #3063. Harbor Commission. .. Upon the recommendation of the staff that the Harbor Commission be dissolved on the basis that it has not met in several years and is inactive, Ordinance No. 1168 was introduced for a first reading. ORDINANCE NO. 1168. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD.CALIFORNIA.;.',AMENDING TITLE 2 I OF THE CARLSBAD MUNICIPAL CODE BY REPEALING CHAPTER 2.32 REGARDING THE HARBOR COMMISSION. I C231 6. Agenda Bi 11 #3064. Emergency Ambulance Service. (La Costa) The City Manager stated that in test runs made to Tri- City and Scripps Hospitals, a time difference from six to eight minutes, depending upon the time of day..and traffic conditions, existed. He further stated that if the Council wished to favorably cons-ider the request of La Costa residents, he recommended it only be done by signed waiver of responsibility and not before the completion of Station No. 3. On the basis of the ambulance service existing in La Costa at the time of annexation, the City Manager recommended the Council consider granting the request. Mr. Alvin Broido, La Costa resident, asked the Council to restore the ambulance service as it was at the time of annexati on. Mrs. Jean Schiler, La Costa resident, cited a personal crisis and the ambulance service which arrived from Escondido to take her to Scripps. She stated the firemen from the .. La Costa station gave her emergency .~ .". . ... "".. . . . . . . . . . , . CITY ("Jz. f-X~~~f2Jjq-J W2NCf &M E *scM*p**.I B b D u1: 1 J 1 1 J 1 !I i i Lj i 7 . b=p . ' - *L,-?fiL2D$U -9- j ""I- . ,.. 9- CONSENT CALENDAR: z $ The following i tems were approved by one motion affirm- i ing the actions of the Consent Calendar: 4 A. APPROVAL WAS GIVEN OF THE FOLLOWING FINAL MAPS: i 9 I P91 1. Agenda Bill #3018-Supplement #1. Final Map for CT 73-57, located on the north side of L.a Costa i Avenue between El Camino Real and Viejo Castilla Way. DEVELOPER: ROBERT K. MILLER for CAL PACIFIC PROPERTIES. I C991 2. Agenda Bi 11 #2257-Suppl.ement #l . Final Map for CT 73-35, .located north of La Costa Avenue and east of Romeria Street. DEVELOPER: TAYLOR AND- FLINTOM B. FUTURE IMPROVEMENT AGREEMENT THAT WAS APPROVED: I .I C991 1. Agenda Bill #3066. RESOLUTION NO. 3405, [451 approving agreement and authorizing the Mayor .to execute same - re: Lot Split #232, was adopted. MIKE GRI ESER. 1 0- ADDITIONAL BUSINESS: 3 A. - City Council. E251 Councilman Chase brought up for discu.ssion the rolls of the City and LAFCO in regard to land use. It was th concensus of the Council there is intrusion by LAFCO in the determination of land uses within the City limit and that some means should be found to halt any further abuse of the .City's preWXt.i.vgs. The staff was directe to write in behalf of the Council along these lines to Stale Legislators.and it was agreed that each of the Councilmen would follow up individually. ~ ' [113]. RD-M. ZONING. The Council discussed RD-M zoning and the minimal control the city has at this point 'in controlli densities. 'No Specific 'Plan is required in this par- gation is desirable. . .. j ticular zoning . It was agreed that further investi- I ! 1 j ~ 11- 1 RATIFICATION OF BILLS AND PAYROLL.: Ratification was given the payment of bills for the General Expenses .of the City in the amount of $162,899.7 Water Department Expenses in the amount of $32,86LC. 76, and Investments in the amount of $200,000, for the period of Apri-l 1, 1974 through April 15, 1974, as certified by the Director of Finance and' approved by the Auditing Committee. I Ratification.was given the payment of the payroll in th amount of $95,682.65 for the period of April 1, 1974, th rough April 15, 1974, as certified by the Director of Finance and approved by the Auditing Commi ttee. [341 Chamber of Commerce. Mayor Frazee stated he had audited the bjlls for the Chamber and found them to be true and correct to the best of his knowledge. He recommended the. bills in the amolrnt of $1,755.17 be ratified at this time and this amount be reimbursed the Chamber. I . ... - . . - . .. . .x . _I~_ . .. .._.. . . . ” D D .. B $& 4 If u,r .- . ~-J”-=5*~~~.pj~~ * 3 1 1 1 -1 0- April 16, 1974 .. EXECUTIVE SESSION: -7 Mayor Frazee called for an Executive Session at 11:30 to discuss personnel and the meeting reconvened at 11 :45 p.m. and the Mayor announced the following appoint ments had been made: I i [lo31 TRAFFIC SAFETY‘. COMMISSION: William C. Harkins (reappointment) Robert B. Nelson (reappointment) Joseph Eggleston A motion was made ratifiying the appointments of commission members named above. .. .. 11 - ADJOURNMENT: .. By proper motion, the me.eting was adjourned at 11 :55 p to Wednesday, May 1 , 1974, at 3:OO p.m., in the City Counci 1 Chambers. 3 .m Respectfully submitted, &id X(5LiA4 E. ADAMS, Cit a Clerk M. Smith, Recording Secretary INSERTION - page one Councilman McComas asked that the minutes be changed to reflect- that Commissio-ner Casler stated the Planning Commission had denied the zone change request because it.was premature. .. E , .. . . . . . ”. B\%\.P UZh .“ ‘6 I -P\p: -y&p\G pi+\ C i-; t :fl\”jL Mot i on Ayes . . -. . - . .. .