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Home My WebLink About1974-05-07; City Council; MinutesL6 i I LJi- ' L/-iKLdUYlU . ML-r.24 B D 0 ileet-i ng of: CARLSBAD CITY COUNCIL (Regular Meeting) Date of Meeting: May 7, 1974 Time of Meeting: 7:OO P.M. P1 ace of Pleet 1di,&ounci 1 Chambers 1- ROLL CALL: ""-.hw. "J-" ."-I 2- 3- 4- .. 5- 6- r1051 7- INVOCATION was given by Mayor Frazee. PLEDGE OF ALLEGIANCE was lead by. Vice Mayor Chase. .. APPROVAL OF NINUTES: Approval was gjven the minutes of March 26, and Hay 1, 1974, as'presented. The minutes of -April 16, 1974 were approved as corrected. 'COUNCIL COMT4ITTEE REPORTS .were give.n a-nd. no action was taken. HOUSING AUTHORITY: The.'Council adjourned to the Housing Authority at 7:15 p.m. and reconvened at 7:30 p.m., with a1 1' Counci ]men present. . .. PUBLIC HEARINGS: 7:30 p.m. [113! (a) Agenda. Bi 11 #2144-Supplement #l . To consider .a Specific Plan (SP-131) to allow a 420 unit residential . development on property 1 ocated at the north side oT Olivenhain Road easterly of El Camino Real, and known 'as Ponderosa Homes. APPLICANT: KAISER-AETNA .. The City Attorney stated'he had received a letter from the applicants'attorney requesting the matter be continu for two weeks, pending resolution of the school policy requirements. .: . .. A motion was made' to continue .the matter to May 21, 1974 [101] ' (b):-Agenda- Bil'l.#30&. To"consider an application sub- mitted by Encinitas .Yellow Cab Co., requesting the issu- service in the.City of Carlsbad. APPLICANT: GAYTON A. & FILOMENA MARCELLO . ance of a Certificate of Convenience to operate its c.ab e '. The City Clerk stated the Affidavit of Publication is on file and no,correspondence has been received. . The City Manager gave a staff report, informing the , Council that the applicants had met all the requirements of a Certificate of Convenience and recomended the cer- tificate be granted. . .. .. 'Mrs. Filomena MarceFlo, applicant, addressed the Coun(Si1 and informed.them that Encinitas Yellow Cab Company had been serving the La Costa area for nearly ten years and wishGd to continue to do so.. .No one else wished to be heard and the public hearing was closed. I. .. D.iscussion by the Council was held and a motion was made . directing the staff to prepare the necessary. documents .g,ranting a Certificate of Convenience to the Encinitas Yellow Cab Company to serve the area south of Palomar Airport Road and Palomar Airport for a period of one year. s It was further agreed that consideration should be given, to cab service for the entire city in view of Avocado Cab Company's failure to renew their 1974 business license. It was pointed out that fares of the above two named cab companies were identical. ... . . .. yi-J \A\;(? ;x"n & p 5517 kGp;l.5 / x-,* 3 W".) ' 'i. $/, *. me,*>* \ 1 . .-. - . LA4 i I idi- L/"fi"iL36;;3PIW May 7, 1974 aea*aqurcpowwaanuwr .. -2- -1181.B i (c) Agenda Sill #3069. Regarding the Final EIR, a reque for zone change fromA-1-10 (County) to P-C, and the adoption of a Master Plan to allovi construction of 3,452 units on 808.5 acres of land, east.erly of El Camino Real on the southerly. extension of College Boulevard and west- erly of Calavera Lake, to be known as Calavera Hills. APPLICANT: R.L. FARROGI for FARROlJ REALTORS The City 'Clerk stated the Affidavit of. Publication is on file and no correspondence has been received.. 'The Planning Director gave a staff report and utilized visual graphics to demonstrate the .proposed Master Plan. He stated the developer wished to devetop Phase 10 first in place of the designated Phase 1. Concern was express as to phase development , ingress and egress; and sewers. The Pub1ic;Norks Administrator stated that sewer service for the area would be available by the time the area is ready for service. Jerry Farrow, developer of the project, gave the back-, . ground of his company and described various projects which his compafiy had built in other areas and that it:. .is. the company's intention to develop the project in CarlSbad not, on a speculative basis, but to. see. the development through to its completion. He stated agree- ment has been reached with the School District. Mr. A. J. Skotnicki , Carlsbad resident, asked if' the proprosed development will at any time cause a tax increase and the citizens be required to under-write ,services for the project. ?lr.,Skotnicki was informed that such matters .as' sewer. service fees have been increased to accommodate costs in that area; further, the EIR does not allow for any economic analysis, but typically, a housing development does not usually carry its own weight in taxes. ..It is.; the responsibility, said the City Manager, of the Counci and the Planning Commission to see there is a. balanced community, both in terms of residential development.and commercial/industrial development. No one else wished to be heard and the public hearing was closed. 1 The Council. discussed the proposed development.at length -and a motion was made to certify the Finaj EIR. Resolution. No. 3406 was presented by title only and adopted. . .. .RESOLUTION NO., 3406, ariiiouncing findings and decision' regarding change of zone from L-C and R-A-10 to P-C (Planned Community) on property generally located westerly of Lake Calavera and southerly of College .. .. .. .. .. . .. .. . Boulevard. ' Ordinance No. 9388 was introduced for a first readi,ng by title only and further was waived. ORDINANCE NO. 9388. Amending Title 21 of the Municipal .. Code by granting a change of zone'from L-C and R-A-10 to P-C (Planned Community) on property located westerly of Lake Calavera and southerly of College Boulevard Resolution No. 3407 was presented for adoption and di!;- cussion followed. . .. ' . .- . ~i 1 r UT Lf4Mb3Df-$tf . ~. ."~ .. . -3- Ma 7, 1974 -Y""" It was recommended by the staff that condition no. 19 of Planning Commission Resolution No. 10.50 be amended to read "P.A.A. No. 1 will read P.A.A; No. 10 whenever it. appears and-P.A.A. No. 10 will read P.A.A. No. 1 wheneve it appears." Further, condition-no. 16 be amended to re (1). "As part of the first phase of construction the developer shall construct at his expense the extension of Kelly Drive or Tamarack Ayenue from El Camino Real to the subject property .in a manner acceptable to the. City Engineer ." (2) "AS part .of the second phase of constru tion the developer shall construct at his expense the .extension of Elm Avenue from El Camino Rea3 to the subje property in a manner acceptable to. the City Engineer.." . Following discussion, a motion was made to amend the original motion to include the staff recomendations. Mayor Frazee called for the vote on the motion adopting the resolution, as amended. (d) Agenda. Bi 11 #3058-Supplement #l. Weeds, rubbish an refuse abatement. .. The City Clerk stated the Affidavit of Publication is on file and all correspondence relating to abatement had -been >forwarded to Publ ic Works department. A brief staff report was given and no one in the audience .. , . wished ..to speak and the pub1 ic hearing.was closed. Resolution No. 3408 was presented for adoption by title . . only and further reading was waived. . , .. RESOLUTION 1\10 .. 3408, ordering Publ id Works Administrator dirt'removed,.was adopted. .. . .. ,' .to abate nuisance by hav.ing .- weeds, rubbish, refuse, and ' RECESS: Mayor Frazee called a rece.ss at 8:50 and the meeting was reconvened at 9:00 p.m. with all .Councilmen present. .. [57] (e) Agenda Bi 11 #3070. .Land Use Amendment to the. Gener Plan, No. 10 - re: Civic Center Area. . . . < ... .._ . The City Clerk stated the Affidavit of Publication is on file and -no correspondence was received. . . . The City Planner gave a staff report and asked that. . ;identification of the Civic Center Area. be made to' . '. I . , , , . establish workable limits of the civic .center and appro- priate land use designation on the area"most impacted .. . by the civic center activity. This would, .he said, keep the General Plan consistent-with the zoning which the Council has granted in the case of Colonial Mall, I Rick Engineering and David Ellsworth. Mr. Agatep further expanded the explanation of PrA (Pro- fessional-Administration) land use designation as it relates to the civic'center ares. and certain areas adja- cent to El Camino Real. Mr. James Scanlan, Mr. Galen Nornhold and B.T. Harrod, all property owne.rs within the area being discussed, spoke in favor of the proposed land use designation. .. " Mr. A.J. Skotnicki, Carlsbad resident, asked why changes are being considered when the new General Plan is in the process of being completed. The City Manager explained that this is being considered in order ,to avoid holdinlg .. .. .. .' . . .. . . - . LfI I- ~. ut- tflfiL3DNU ' . ' - - -I . -."- ..-. .. -4- . .. May 7, 1974 """VW- up developments which have been processed. It is conventence to the City. No ,one else-wished to be heard and the public 'hearing was closed. The Council discussed P-A land use des.ignation, and a .. motipn was made directing the staff to implement the Planning Commission recommendations for. General Plan Land Use 'amendment, #10 for the Civic Center area.. [57] .(f) Agenda Bi 11 #3071. Amendment to Land Use Element. of the General Plan No. 11 (GPA-25) from low density residential to Professional .Administration Commercial on a 11.7 acre parcel located at the.southeast corner of .. .- B B . the intersection of Narron Road and El Camino Real. APPLICA!jT: RINKER COMPANY The City Clerk stated the.Affidavit of Publication is on file and that .letters from Kamar Construction Company and Baskin-Robbins opposing the development had been received. Copies of both letters were given each man. She further stated that a petition with 117 sig- natures in opposition to the development had been ' . received and read the preamble in its entirety. .- I ,The' Planning Director gave a staff report and stated . . the staff is recommending that the commercial zone be .. denied and that the land use designation be chan low density residential to Professional-Administr that property to the scjuth of Marron Road should not be commercial but a less intense zoning which would : "separate the commercial area from the residential area. .. . Mr. Chan Lafebvre, Vice.,President, i'RinkerrCornpany . .. representative of Mr. Otis Vanderburg, gave history of . property and described types of businesses which would be intergsted in this pa'rticular shopping-center, such as: specialty stores; Ethan Alan furniture, Rube . , Mrs. Russel W. Grosse, 5850 SunnyCreek Road, spoke on ~ ' as well as professional offices. _. . .. behalf of the petitioners in 0ppositio.n to the commercia use of the 'subject property. .. .. No one else wished to. be .heard and the public hea " ' was closed: .. .. ' . . . The Council disc.ussed appropriate land use for this . '.particular piece of property and-generally agreed. ... this ' ' . property 'was unsuited' as .residential property. Follo'w- ing discussion a motion was made to instructXhe staff to prepare the necessary documents to indicate the commercial -usage at the northerly end of. the subject portipn. Discussion followed and clarification of the time elements involved was given by the City 'Attorney. Cntn. Chase withdrew his motion and requested a brief recess. RECESS: Mayor Frazee called a recess at 10: 15 meeting reconvened at 10:25 p.m. with all Counc present. By common consent the public hearing was declared to be open and a motion was made to continue the matter to May 9, at 4:OO p.m. to allow additional information to be obtained before a decision was made. . property and offices/professional usage on the.,southerly .. . . ... - . .- Ll1 I Wl- LJ"dDJ-1Y . ' - 5- - B B t May 7, 1974 """"""~*"..-.". . , ~~ ".~ ". ". _...". - "*" ~ "._.. "". [57] (g) Agenda Bill #3072. Amendment to the Land Use Elemet No. 12 of the General Plan to change the land use dcsig- nation to planned industrial on approximately 29 acres 1 ocated easterly and adjacent to Lowder Lane (Paseo de1 Norte), southerly of Palomar Airport Road. APPLICANT: ANDREW McREYNOLDj .. ._ The City Cderk stated the affidavit of publication is 0.n file and .Mayor. Frazee acknowledged a 1 etter from Mr. Charles Vitello opposing the proposed .land use- designa- tion. The Planning Director gave a staff rep0r.t stating the. Planning Commission recomrnended the Land Use amendment'.oI the basis of the proximity of the subject property to Palomar Airport, the Encina Pol lution Facil i,ty' and its location in a flood plain area. Council discussion ensued.and a motion was made. that the Planning Commission recommendations be fol.lowed and that the staff be directed to prepare the necessary.documents to implement Land Use Amendment No. 12. It..:was further moved tha~ the staff be directed to retur to the Council any tabled zone change applications in .. 'connection with Land Use Amendinents #10 and #12. C57J (h) Agenda Bill #3073. Final EIR and Land Use Element. C851 Amendment No. 13 of the General Plan to change the designation to planned industrial on approximately 214 acres located northerly of and adjacent to Palomar Airpo Road, and approximately 1/2 mile easterly of the inter- section of Palomar Airport Road and El Camino Real. APPLICANT: DON LOKER .. The- fity Clerk stated 'the Affidavit- of Pub1 itation is 'on file and no correspondence has been received. In his staff report, the Planning Director stated that approximately 186 acres are being considered for' planned industrial designation. He reviewed the recornme of the Planning Commission which were based on the 'location and topography of the property under con.side:rat -, .. . Mr. A1 Kern, representing Mr. Loker, informed ttie Counci this property is not presently in the City but isin the process of annexation. Mr. Kern showed slides of.the property and indicated the basic Master Plan. He stated that the planned expansion of the airp.ort. would not h'ave 'any effect. on the proposed development.. Mr. Kern saild the open space which the EIR indicated-was to be-public Mr. Byron White, San Di ego attorney representing adjacen 'property owners of the Bressi Rancho, Carrillo Ranch and the Thibido Ranch, spoke in supporb of the proposed land use amendment. .. was in fact to be private open space. .. 'Mr.. Clarence H. Dawson, Los Monos.Rancho, stated he was 'not opposed to industrial development but was -concerned with use of 20'acres on the northern portion of the property which sustains a great deal of wildlife and which could be destroyed with residential development . nearby. No one else wished to speak and the public hearing was closed. . . .. . - . . .. . . . . . . . . . . .. In. . . . . . . . - . - - ._. ~. . ..~ ~ . .. " .... . .""_I. c 4 -r 5.,p D Ltai %,.AJaiAd 07 fi p. $31. q? - r- W.t.JNCILiy!E/ -7 - May 7, 1974 ~~.~~~~~~~-~~-,~~~~~~~~~ - .s&?"=s++~<~a?.b7sz~.r~~ E B ' E1041 3. Agenda Bill #3077.. FAU fund allocations for transit projects. The City Manager 'reviewed the recommendations of the County Board of Supervisors for distribution of Federal Aid Urban Funds and pointed out that in following their ' . recommendations it could substantially reduce Carlsbad's chance for any funds. He recommended rejection of the . County's proposition. Following Council 'discussion, a motion was'made accep. the City Manager's recommendations and directing the staff to follow through on these recommendations. 1921 .. 4. Agenda Bill #2237-Supplement #l. Seventh Supplement to the Basic Joint Sewer Agreement. . ' Matter continued to May 9, 1974. _. 11061 5. Agenda Bill #2205-Supplement 61. Underground . . Utility District No. 3, Elm Avenue, from Highland Avenue to 1-5. _- . .. Following a brief review of matter, Resolution No. 3414 was presented by title only and adopted. RESOLUTION NO. 3414, setting the time to be ready to connect to Underground Electric ystem in.Underground . 'Utility District'No. 3, and granting exception for an existing pole and 1 ines. .. ,- .. .. C. City Manager. .. C321 1. Agenda Bill -#3078. Status'of Tide and submerged lan IS7' 2. Agenda .Bi 11 B079: Joint Powers. Agreement for Local in the City.of Carlsbad - continued to May 9, 1974. Government Restructuring Study - continued to May 9, .. I281 3. Agenda Bi 11 #3080. Fire Protection Improvement Co'm- E511 , mittee Report. .. .i Col. George W. Killen, Chairman of the Fire Proteiti'on Improvement Cornmi ttee, summarized. the findings and recohmendations of the Committee-as set forth in a memo- ... . randum to the City Council. The committee listed those improvements which.they felt were of an urgent nature . and required immediate action. The Council thanked Cola Kill en and the Comm'i tt'ee for their effortsl and skilled analysis of the Gage-Babaodk study. . .. ' ' A rnotio; was made referring the Gage-Babcbck report and the information developed by..the Fire Protection Improve ment Committee to the staff and the staffsito make their study as to priorities and come back with recommendation on priorities and.budgetary program for this fifteen year program. The following agenda bills were continued to May 9, 1 [27 1 Agenda Bill if3081 - Audit proposal for 1974-75. 1791 Agenda Bill if3083 - Preannexation zoning Policy #l6. L-281 Agenda Bill #3063 - Ordinance #1168 re: Harbor Cornmi c301 Aqenda Bill If3046 - Ordinance iii8065 re: Plumbing Code. .~. . . $.e f -:-* '$,:,;B . p. y,- f-8 $.\ g-\ f L5h 2 s -d i bk __ .L~ <=g aunbn 1 S;2AD -8 - a"%>f Dl b May 7, 3"~~Y.~.=,c.~-Tss.:. '[114] El 131 10- c411 .P91 c451 [99]. . C451 1991 E451 . E47 1 c901 11 071 11- C921 12- 1974 :~.~-~=~=~~~~~~~~~-~-,~.~-~,~~~*~~~~~~.~,,-~~~~*-~.~~"~~~~~~.-~~~~~=~~~~~ Agenda .Bi 11s continued to May 9, '1974 Agenda Bill 83067 - Ordinanc? #9384 re: E-A Zone. Agenda Bill #3048. - Ordirxnce 89387 re: R-3 zoning at intersection of:Lincoln Street and 0ak.Avenue.. CONSENT CALENDAR: The following items were approved by one motion affirm- ing the actions of the Consent Calendar: A. Agenda Bill f3075. RESOLUTION NO. 3411, denying a claim against the city by Interinsurance-Exchange of the Aut,omobile Club of South California as subrogee of Joe L. Lovvorn, was adopted. B. FUTURE IMPROVEMENT AGREEMENTS - approved. 1. Agenda Bill 83084. RESOLUTION NO. 3415, approv- ing agreement between City and Cal i fornia Porperty Broke Ltd., for Parcel Split No. 223, at. Washington Street a.nd 'Oak Avenue, was adopted. 2. Agenda Bill f3085. 'RESOLUTION NO. 341 6, approv- i.ng agreement between City and Southwest Conference of United Church of Christ - re: CUP f85, at northeast corner of Monroe and Chestnut, was adopted., 3. . Agenda Bill f3086. RESOLUTION NO. 341 7, approv- ing an agreement .between the City and Casa d.e la Pla.Ya, a Limited Partnership, for CT 73-30, regarding pa.rticiipa tion in a Future Sewer Assessment District servicing Juniper Street, was adopted. ALSO APPROVEDL Final Map. for Carlsbad Tr.act 73-30. C. Agenda Bill .#3057. RESOLUTION NO. 3418, granting drainage easement to the San Diego County Flood Control District on Lot 272, Carl-sbad Tract 72-20, Unit #2, La Costa -Land Company, was adopted. D. Agenda Bill ftc3088. RESOLUTION NO.. 3419, authorizing the Hayor and City Clerk to execute a Quitclaim Deed involving a storm drain easement no longer require'd by the City, said quitclaim to La Costa Pacific Development .Company, between Caringa Way and Alicante-Road at Zamora Way, was adopted. , ' .. . ADDITIONAL BUSINESS: JAC. Councilman Chase informed the Council- the' City -is being asked for two alternates on the committee. He recommended that the Public Works Administrator be appointed and that the second alternate be postponed unt such time as a Public Utilities Director is employed. RATIFICATION OF BILLS AND PAYROLL: Ratification was g.iven the payment of the payroll in the amount of $97,176.02, for the period of April J6, 1974,- through April 30, 1974, as certified by the Director of Finance and approved by the Auditing Committee. e 1 1 f r I - .i saw Y rnbiMCfi-FtiEI GtTY OF- .cARLS,B,qD eOUNGfhMi