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Home My WebLink About1974-05-21; City Council; MinutesB- D- B C IT"' 0 F' CARLSJ3AD , Meeti ng of : CARLSBAD CITY COUNCIL (regular meeting) Date of Meeting:. May 21, 1974 Time of Meeting:, 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 2- INVOCATION was given by Mayor Frazee. 3- 4- 5- C28.1' - C681 .. PL.EDGE OF ALLEG-f.ANCE- 'was l'ead by 'Vice Mayor -Chas APPROVAL 6F MINUTES was given for the meeting of May.7, 1974, and for th-e adjourned regular meeting of May 9,. 1974. .. CITY COUNCIL COMMITTEE REPORTS: .. Councilman Lewis gave rep.orts on Parks and Rec- r'eat.ion Commiss-ion.and the Youth Committee. Counci1m.an Chase reported a meeting of CPO'was held yesterday"-and the '1974-75.. budget had been approved. . H.e expr.essed- concern about several issues being considered by CPO. Among those matters. of concern was .the transit. dist.rict and AB 2648 transit bil.1 now in committee and amend, m,ents to the bill w-hich completely ignore North County and would delete .us from the distributio of funds. 'As.the bill reads now, the monies would accrue t.0 the new d-istrict, leaving Carls bad out-entirely-. Councilman Chase further reported on the Regjonal.-,Housing Program and suggested there be staff' input and review of th d0cumen.t before it'is adopted by the Coun.ty. H reminded.the Council also, of the effect of the .so-called "over-all' work program" which CPO is proposing. If adopted, i't -would require CPO review .. of every community proj-kct in-the County - n - e e The'Cou.nci.1 -dis.cu'ssed at length the transit dis- trict .and agreed that. Mayor Frazee,should be present at the h.earings in. Sacramento on May 28. .- 6- PUBLIC HEARINGS - 7:30 P.M. i [81]- Agenda'.Bill #3062. '-Sale of Water Department' owned property - Bonsall. . L. The City Clerk stated. no bids had- been rece-/i,ved and. there were no.ora1 bids offered. It wa's' moved the matter be tabled. -. [1'13] . (a) Agenda Bill #2144-Supplement #l: Regarding ._ Specific Plan (S'P-131) to all'ow a'420 unit res- . idential development on property' located at the north side of Olivenhain Road eas,terly of El Camino Real, kn0w.n as PONDEROSA HOME'S-. ' ~~~ APPLICANT: KAISER-AETNA I The City Attorney said .he had received a call from the attoyney for the applicant' and that a two week continuance was requested. A motion _; was made to continue the matter to June 5, 1!374. [43] (b) Agenda Bi1.3 #3089. Regarding an appeal of the decision- of the Pla.nning Commission denying a request for a CUP (#93) to allow establishment of a drive-thru restaurant on property generally located at 952..Elm Avenue. APPELLANT: CARL KARCHER EYTERPRISES 1 .. CUUNCftbli Rh$,p*:y 9 r!,c lj&-q5\ 't"\$\~; A0 \&L fl13 .. - ._" . . .., -.,~ ZGZxL B B B .-cs..=: 2 $ 1 f f I .I I 1 1 'j 1 I $-w$ 5 57 8" Q ""* .R $3 ;r P A i3j. CQ,'LS - ,o 8 ?rypj$%L4u$jQ cdGUNCHL%+ES -3- May 21 1974 %~~~;..~,~~~"~=-~~-~~.~~~~~~~=~-~~~-~~~~~~~~~~~~~~~~~~ The .Council discussed the proposed developmen and the staff clarified conditions contained in the proposed ordinance. Items discussed w Conditions 14, .15 and 22. , Resolution No. 3420 was presented by title on and adopted. RESOLUTION NO. 3420, ANNOUNCING 'FINDINGS AND DECISION ON A SPECIFIC PLAN (SP-157) FOR UNIT' 4 OF ALTA MIRA ON PROPERTY LOCATED AT THE NORTHWES CORNER OF THE INTERSECTION OF LOWDER (PASEO DEL NORTE) LANE AND CAMINO D.E LAS ONDAS. (Financial Scene, Inc.) Ordinance No. 9389 was introduced for a first reading and discussion ensued. With the cons of the second, the motion introducing Ordinance 'No. 9389 was amended deieting condition #14 r garding landscape areas in parking lots because of existing ordinances calling out these require ments. ORDINANCE NO. 9389, ADOPTING A SPECIFIC PLAN (SP-157) FOR UNIT 4 OF ALTA-MIRA ON PROPERTY LOCATED-AT THE NORTHWEST COR?s!ER OF THE INTER-. SECTION OF LOWDER (PASEO- DEL NORTE) LANE AND .. CAMINO DE LAS ONDAS. (Financial Scene, Inc.) [113] (d) ' Agenda Bii 1 #3091. Regarding an amendment to a Specific Plan (SP-22) for: the purpose 01 revising approved site plan to reduce the nurnbe of units from 60 to 50 and reorient buildings to front upon-two major recreational areas, on 2.46 acres generally .located on the northwest corner of Tamarack and- Jefferson Street. APPLICANT: PACI.FI.CA WEST'ERN DEVELOPMENT CORIL The P+lanning Director gave a staff report and. stated the proposed project meets all the r.ei ments of City ordinances. Mr. Sam Gendksa, . Li nMar Lane, and Mr. Low Brit of Chinquapin,spoke in opposition to the proq Miss Tina Robinson requested that -when Tamarack is widened that .considerat.ion be gi.ven to bi- cycl e paths. No one else wished to sdeak and the.h.earing was closed. The Council discussed the modifications and reduct-ion in number of units at length and a that condition #19 regarding participation in 'traffic signalization should be added to the proposed ordinance. A rno.tion was ma.de to include the following condition #19 to proposed Ordinance #9390: "That the developer shall' enter into an agreement with the City providing for con- tribution by the developer toward t'he cost of a fully actuated traffic signal at the intersection of Tamarack and Jefferson Streets in an amount to b-e determined by the City Engineer pursuant' to such a tr signal policy as the City Council may a D- B- .. D v I - "_.. - 1JS" B I) CITY QF CARhS.BAD COUNC1'LP -5- May 21, 1974 - " B. Public Works. j [99J 1. Agenda 5ill #.539-Supp'lement #2. Requ,est for approval of Final Map .for.CT 71-2,: Units APPL.ICANT: OCCIDENTAL LAND CO./SEOUOIA PACIFIC REA The City Manager stated th,is h.ad .been continued .from .execute variou's "agreements. The City 'Attorney. inTormed the Council that a master .agreement .exists on..the total ,pro.ject. but interim agreements a're being-offered pending renegotiation of the. master agreement.. This has been necessitated by the denial by the Coastal Commission on the construction of the Poinsettia . the last Council meeting in .order to work out and .. oyercross ing. The Council discussed the matter and Resolut-ion No. 3432. was ..presented and adopted. [45-] , RESOLUTION NO. 3432, .APPROVING'AN AGREEHENT UETWEE THE -CITY .OF. CARLSBAD AND OCCIDENTAL LAND, INC., FO THE ACQUIS-ITEON-BY OCCIDENTAL LAND, INC,., OF RIGHT OF-WAY FOR CONS.TRUCTI.ON OF A .STORM DRAIN I'N CON- NECTION WITH SUBDIVISION MAP CT 71-2.. Resolution No. 3433 w-as tken. present'ed and .a [451 RESOLUTION MO.. 343-3, AP.PROVING AN AGREEMENT THE C'ITY 0.F .CARLSBAD AND -OCCIDENTAL LAND, IN PARTICIPATION IN THE POINSETTIA LANE GRADE SEPARATION. , . A motlion.was made accepting's Gorporation G Deed for an easement for storm drain purpose John D... Lusk & Son. It was moved the fi-na1 map 'f'or CT 71-2,. Units. #l. and #2 be approved. '. .. . .. [99] 2. Agenda Bill #2027-Suppl!ement #l. Request for extension of a Tentative Map for. remainder 01' . . CT 71-2. APPLICANT.: OCCIDENTAL .LAND CO./SEQUOIA PACIFIC RE A motion was made to continue the absve subject' . matter to June 5, 1974. .. [97] '3. Agenda Bill #3092. Annual Street'Resurfacing Program, Contract #1021. The staff explained the procedure for street repair selection a'nd a motion has made to .adoph Resoluti-on No.. 3422: ._ . .. RESOLUTI,ON ,NO. 3422, APPROVING PLANS AND.SPECI- FICATIONS AND AUTHORIZING'THE CITY CLERK TO CONCRETE OVERLAY-OF VARIOUS CITY STREETS was adopted. ADVERTISE FOR BIDS ON CONTRACT NO. 1021., ASPHALT. 6- B- D CITY OF -CARLSBAD COldNC!Lb? -6- Mav 21. 1974 " ~~ ~ ~~ .. ~- t [Sl] 4. 'Agenda Bill #3093. Florence Shipley McGee property, 2.1 acres.to be 'willed to the City and located at 258.Beech Avenue. I Th'e City Manage$: recohmend6d the 'property be accepted.under the terms of the will whi'ch call for restoration of the hou'se and utilization. of . the 'property, in general. for papks and recreation . He further stated that the .value of the land and buildings is'estimated to be $34,250 and the cos of restoration of the house to be $10,450. M,r. Dale Marti.n, repr,esentative of Bank of Amer- ica .and executor of the estate, requested the Council make their. decision regarding the proper as soon as p'ossible in .order that final dispos- i.tion can.be ma.de. If the City does not wish to accept the property it will be sold.and the proceeds distributed among beneficiaries of the. will. .' .Resolution No. 3423. was presented .. fior..adoptidti. RE-SO.LUTION 'NO. 3423, EXPRESSING THE CITY'S 1NTEN.TION TO ACCEPT T.HE B.EQUEST 'OF FLORENCE SHIPLEY.MAGEE OF PROPERTY GENERALLY BOUNDED. BY . . CYPRESS,. BEECH, GARFIELD.:AND CARLSBAD BOULEVARD FOR 'USE IN THE PARK .AND RECREATION PROGRAM was waived. . . .. . .. . 1 'adopted, by title oniy- and further reading. was 1281 5. Agenda Bill..#3094. ' Water :Committee. .. .. Councilman Chase .requested the matter be post- poned unti.1 June 5, 1974, to allow further study. It was so moved. 6. Agenda .Bill '#2237-Sup-plement #2. Seventh Supplement to Basic Joint Sewer Agr.eement. The iub'ject agreement was approved in principal .on May, 7, 1974, and was returned for formal approval. The staff stated that in reviewing the agreement, Section' 4, Payment for Cost .of Engineering Services, posed an inherent pro4lem in that the city could be paying a portion of. another agency's share of engineer-tng services. 1 1 The Council discussed vari'ous options and it - was agree'd the matter shou1.d be resolved as so0 possible in order to move the project along. A motion was made to postpone a. decijs'i(2n;an the agreement and to continue the matter to;thd nex 'regular meeting .for further report. i - I 'I.., .. C. City Manager. . I [lo61 1. Agen,da Bill #3095. Oral presentation by Japutal Corporation regarding proposed Master Mayor Frazee reminded the..publ'ic that this was not a public. hearing and no testimony would be heard at this time. Mr. Frank DeVore, JAPATUL representative, addressed the Council, stating' that the entire' I. Plan. '?y at $ L r: '\" w """" CITY OF 63ARkS.BAD -7- May 21, 1974 * " c571 /I3 [HI .L i ~ ~ ~ ~ j I ~~. ~ ~ """"" wili have a Master P.1an which will specifically identify the kinds .and types of businesses to be located on the 880+ acres involved with .the proposed refinery. Mr..DeVore then .introduced. the Master Planfler, -Mr. Ow'en Menard who in t,urn introduced. his .a.ssociates. Mr. DeVore i,nformed the Council that in as much as the Palomar Ai.rport will..be affected by any development 'in: tha.t area, those people will als be considered and consulted. He stated that th Envi ronm.enta1 1.mpa.ct Report wi 11 b'e. f-tied on th entire property, both the' portion now in the ci and that portion in the.process of annexation. 2. Agen-da Bi 1.1s 3070, . L.and Use Amendments to .the General PlIan, -No. 1.0 (Civi.c Center), No. 11 (Rinker), No. '12 (McReynolds) and No. 13 (Loker In keeping 'with.the actions of the City .Council the subject amendments, Resolution-No. 3426 was presented. . ' 3071, 3072, 3073. .on'May 7, 1974, fol.:l.ow'ing public hearings on - RES~L-UTION NO': 342'6, AMENDING THE GENERAL PLAN AND AMENDING THE LAND USE ELEMENT .OF SAID PLAN FOR..FOUR AREAS OF T'HE CE.TY., was.adopted by titq ,only .. and furthe,r reading was waived. 17 0 e e t 1. 3. .Agenda Bil'l #1654-Supplement #2. Regarding Zone Change t0.P-C (ZC-1071, Snecific Plan (SP-1 d : ,an,d Tenta%i-ve Map. (CT 73-'1-), on property locate on the south side -of -Adams Street, east of Hoov 1 Str@et,, known- as '"Hedionda Point." APPLICANT: 'COVINGTON-CONINMARK ' i The Planning Director outl'ined the co.nten-t of his repo.rt dated May 14, 1974, in which cer'tain recomm.endations were setforth which would fulfi the basic intent of the Open Space and Conserva tion Element in. so far as the subjec.t develop- ment is concerned.. . . Mr. William Zonker., dev.eloper and represen<ativ of Covington-Coninmark, stated they are willing to comply with the recommendations-.of the staff The Council discussed the .matter at lengt'h and concern was expressed .at. allowing the proposed densities when the General Plan revision is nearly complete. I -. I A motion was made to approve the zone change and to-return the Master Plan/Specific Plan and Tentative Map.., to the Planning .Com-m'ission for redesign. .There was no second and the motion . died. l\t was then maued that the zone change to P-C be granted and the matter returned to the Plan- ning Commission with the .recommendation that . the Specific Plan be redesigned with 10 dwellin units per acre. The motion failed by the vote herein stated. A final motion to .continue the matter to June 18, 1974, c.$'.Frfed, COUMGiLMj zc+a B D D >- May 2 f -. . CfTY OF . cAwLS.Bas3 COUNCLr" -8- 1, 1974 . . 4. Agenda Bill #3062. Sale of Nater Departm owned property near Bonsal.1 was considered u public hearings. 5. ' Agenda Bill 63068.-Supplement #:1. Encin.ita.s ; Ye1l.o.w Cab Permit'as approved in public h.earing of May 7, 1974. Reso1utio.n No. 3428 was presente for adoption. RESOLUTION NO. 3428, DETERMIN,ING THAT THE PU INTEREST,. CONVENIENCE AND NECESSITY REQUIRE ISSUANCE OF A .CERTIFI.CATE TO THE ENCINIJAS -YELLOW CAB .COMPANY TO .O.PER-ATE TWO TAX.ICABS IN .THE CITY OF' CARLSBAD .AND ORDER'E-NG THE CITY .CLERK TO ISSUE SAID CERTIFIXATE. SUBJECT TO CERTAIN CONDITIONS, was adopted by-title only. 6.. Agenda Bill #3096. Establishing Police Lieutenant Position. The City..klanager stated .this, was. a rec0mmen.d co'ntained in the LECAR Study amd w.ould be fi from wi'th.i n. A.motion was made to acc.ept the recommendati of the-staff and the position of Lieutenant be established. RECES'S:. Mayor Frazee. called 'a-recess at 10: and the mee'ting reconvened at 10:30 p.m. with all .. .. . , C0unc.i 1m.en present. ORDINANCES FOR A-DOPTION: '(a) .Age.nda Bill' #.3069. ORDINANCE NO. 9388, AMENDING..TITLE-2.1 OF THE MUNICIPAL CODE BY GI ING A.C'HANGE OF ZONE FROM L-C AND R-A-10 .TO 1°C (PLANNED COMMUNITY) ON PROPERTY GENERALLY LOCATED WESTERLY OF. LAKE- CA.LAVERA AND SOUTHER.LY OF' . COLLEGE BOULEVARD -was given a .second reading by title .on.ly and fu.rth-er reading was waived. C.ONSENT CALENDAR: The follqwing itmes were approved by one mot; affirming the actions of.the Consent Calendar: A. Agenda Bill #3097. ._ -_ 1. : RESOLUTIO-N NO. 3429; AUTHORIZING THE EXPENDITURE OF FUNDS FOR POLICE DEPARTMENT SPECIAL STUDY was adopted. FOR THE POLICE DEPARTMENT TO ADD SIX THOUSAND FOUR- HUNDRED DOLLARS TO;.'PROFESSIONAL SERVICES ACCOUNT was adopted. B. APPROVAL.OF FINAL MAPS. 2. RESOLUTION- NO. 3430,. AMEN.DING' THE BUDGET 1 : kenda Bill #2026-Supplement #l. 'The Fi,nal Map for Carlsbad Tract #72-2OYUnit #3, La Costa Vale, located north of La Costa Avenue west of Rancho Santa Fe Road (realigned) and south of- the 200 ft. SDG&E easement, was approved. (LA COSTA LAND COMPANY) 2. Agenda Bill #2145-Supplement #l. The Final Map for Carlsbad Tract #73-12, 24 condo- minium u-nits at north side of Jerez Court (“ 2 ?”+./’ $”: 27 ~#&.pySB~”J cx3JNCith~E ws 4 3’ . u9