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HomeMy WebLinkAbout1974-07-02; City Council; Minutes@ .. . ITy QfT C&&3jLSB&-J WJf\ti;l',ME .r.wI.w-64? B B B B -*. e F i I P I 1 I i ii 5 I I ii 8 fp\~\€+p! pn\.& Meeting of: CARLSBAD CI-TY COUNCIL (Regular Meeting) Date of Meeting: July 2, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers /L/3 \ .'ir" 1- ROLL CALL: ').h w@s !"be L. *,z L6 \5&/y p-i\-?P @fl.' -.- -?'-", \ ""wwa%"+p . ' . &3aYPr;rslO)"~Jrn*""~ $fi v 2- INVOCATION was offered by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was given. 4- ""_ APPROVAL OF MINUTES: (a) Minutes of the regu'lar meeting held June 18, 1974, were approved as presented. 5- CITY COUNCIL COMMITTEE REPORTS - No reports were given. 6- * - HOUSING AUTHORITY: [io51 The Council adjourned to the Housing Authority at 7:05 P.M. and reconvened at 7:16 P.M. with four Councilmen present. 7- PUBLIC HEARINGS: [113] (a) Agenda Bill #3122. To consider a pre- annexation :zone change (ZC-144) from County Zone A1-8 and El -A to City of Carlsbad Zone R-A-10,000, on property generally located north easterly of Rancho Carlsbad Mobile Home Park. Applicant: Allan 0. Kelly. Following a report by the City Manager regard- ing a letter from the Carlsbad Unified School District stating County Counsel had advised them not to enter into an agreement with a member of the School Board, who has an interes in the prop.erty. Discussion ensued by the Council and it was agreed that no concern was necessary for compliance of the Public Facili- ties Policy at this time since the matter could be resolved when the Tentative Map is filed. A staff report was given by the Planning Direc tor.who provided background information. Mr. 14. Allen Kelly, 3345 Spanish Way, Carlsbad identified himself as property owner, and explained why the preannexation zone change request for R-A-10,000 was initiated. The Public Hearing was closed at 8:40 P.M. Discussion was held by ,the Council and the following Resolution was adopted. The subse- quent Ordinance introduced for a first reaclin RESOLUTION NO. 3445, announcing findings and decision on a preannexation change of zone from San Diego County E-1-A to City of Carllsb R-A-10 on property generally located ncsrtheas- terly of the Rancho Carlsbad Mobile Home Park consisting of approximately 225 acres. ORDINANCE NO. 9395, amending Title 21 of the Municipal Code by granting a preannexation change of zone from County E-1-A to City 01' Carlsbad R-A-10 on 225 acres of property gene ally located northeasterly of the Rancho Carl bad Mob.i1 e Home Park. ..- ~." . .. . , CITY OF CARLSBAB - B B B B ..- . , . .I - . . -2- July 2, 1974 .111 c571 (b) Agenda Bill #3123. To consider an amend- ment to the 'Land Use and Circulation Elements of the General Plan of the City of Carlsbad. The Mayor announced :the staff recommendation is that the public hearing be held and continu ed to July 16, 1974 and that the Council hold a workshop sessi.on in the interim. A brief staff report was given by the Planning Director. He informed the Council the propose Land Use Amendments were prepared with the assistance of the Land Use Committee and re- commended public testimony be accepted at this time and entered into the record. Also that a date for a workshop session be set. The following persons were heard with regard to Land Use Amendments: I Mr. Jerry Rombotis, 3505-Charter Oak, Carlsbad regarding land use and densities in the Laguna Riviera subdivision area. He informed the Council he had written a lett.er addressed to the Council regarding this matter and i,nquired if it could be discussed.at the. workshop sessi Mr. Chan Lafebvre, representing Rinker Co., discussed the Vanderburg property south of El Camino Real and Marron Road. He requested the matter discussed at the workshop session and and that he be notified of the date set for that session. The Council requested a writter letter from Mr. Lafebvre'requesting time at the workshop .session. Mr. Steve Teague, representing Mr. Otis Vander burg, regarding the-:sa'me property discussed b) Mr. Lafebvre, suggested a certain amount of the property be zoned for commercial purposes and the outer perimeter be zoned P-A (Profes- sional-Administrative) to act as a natural buffer zone. He stated there are natural. bour daries existing in that area. Mr. Phillip Stone, 3344 Donna Drive, Carlsbad: owner of property located at 945 Chestnut Ave. on the south side immediately west of 1-5. He stated that the proposed Land Use- Amendment would not allow him to build 18 units on.that property since it would cause a change in den- sities. He informed the Council with a resol[ tion of a few problems, he will be ready to submit plans to build these units. The Coun- cil requested Mr. Stone to submit written correspondence on this matter for consideratic at the workshop session. Mr. Paul Knitter, a realtor, objected to what he termed down-zoning of residential property and stated it amounts to condemnation without compensation. He stated those who have put" chased investment property will not beeable to develop it according to the zoning allow- ances existing when they bought the property. " , I I 1 I 1 1 It was agreed.the Public Hearing be continued and that a workshop session be scheduled for Monday, July 8, 1974 at 7:OO P.M. in the Council Chambers to review Land Use Amendment to the General Plan. . ... ."._ . - .." ,~ . . .. . - . . - . . . I. . . . . . . . - . . . . ~ . . . . . - . , - . 8 WNaLME f=J-j-$y UP QF f=-F5 pa qe=2 AF-Jj k, &"LJ . . -3- July 2, 1974 """ .. - . _. .. ~ wmw- B 8- DEPARTMENTAL REPORTS: A. - Planning. E991 I Df e I 1. Agenda Bill fi'1054. - Supplement #4. Zone Chanqe #101, Master Plan, Specific 'Plan (SP-lOZ),-and Tentative Map for iarlsbad Tract 73-1. Applicant: Covington-Coninmark. (Wi- onda Point) The City Manager stated following review of this matter at the last meeting, the Council instructed the City Attorney to prepare the necessary documents for presentation at this meeting. The following Resolution was adopted and the su.bsequen,t; Ordinance introduced for a first reading: BJ B RESOLUTION NO. 3446, announcing findings and, decision regarding change of zone from R-l-l5,( to P-C (Planned Community) on property located on'the Lagoon side of Adams Street and south- east of Hoover Street. - ORDINANCE NO. 9396, amending Title 21 of the Municipal Code by granting a change of zone from $-1-15,000 to P-C (Planned Community) on property located on the Lagoon side of Adams Street and sou.theast of Hoover Street. RESOLUTION NO. 3447, approving a Master Plan for a 190-unit condominium project on 12.9 acres located on the Lagoon side of Adams St. and southeast of Hoover St. .., , ., , - . . , The m,otion fai'led 'due to a: lack ,of .major.i.ty an( Reso1.ution No.. 3447 aas not !adopted. Lengthy discussion ensued by the Council pri- mari1.y centered on the topic of densities. It was agreed that a continuance be granted to the August 6, 1974 Council meeting. 1 I [991 2. Agenda Bill #2144 - Supplement #3. Specific Plan (SP-131) and Tentative Map for Carlsbad Tract 73-18. Applicant: Ponderosa b' Homes, Inc. (Kaiser-Aetna). b f i B 01 Some discussion was held by the Council and questions answered by the Planning Director. The following Ordinance was iritroddced for a first reading and the Resolution adopted: ii 1 I I I 9 ORDINANCE NO. 9398, adopting a Specific Plan (SP-131) for a 420-unit residential developmen on property generally located northerly of' and adjac.ent to Olivenhain Road approximately 2,08( feet easterly of the intersection of Olivenhai Road and El Camino Real. 1 RESOLUTION NO. 3449, approving with conditions I Tentative Map (CT 73-18) for a 420-unit resi- I dential development on property generally lo- ! e Road approximately 2,080 feet easterly of the B interesection of Ol'ivenhain Road and El Camino t E .. cated northerly of and adjacent to Olivenhain Real. I B 1 I g 3" I E B I 4 il 4 f; I ii I le E 2 rn L f'. \'+&."~;g 1 r-" t 4 !$; i:K IT%( OF 'd ~~~~~~~~~~ ~.t"J~'~@- ; p 4LME -4- July 2, 1974 C431 3. Agenda Bill #3085 Conditional Use 1 Permit (CUP-93) for Carl's Jr. Restaurant. Applicant: Carl Karcher Enterprises, Inc. I The Mayor announced this matter was returned to staff for preparation of the necessary documents. Discussion ensued regarding Condition #18 of Resolution No. 3450. Said condition required the applicant to bear the cost of the installa- tion of a fire hydrant. The Fire Chief was available and explained the reason the fire hydrant was being required. The City Attorney informed the Council the Resolution was drawn as requested by the Council at the last regular meeting with all of the conditions contained therein. 1 A motion was made by.Councilman Chase to adopt Resolution No. 3450, The motion was seconded by Councilman Lewis. Prior to a vote, Council man Chase offered to amend-his motion to de- lete condition #18 from the Resolution. There. was no second; further discussion ensued and Councilman Chase withdrew his original moti:on. A further motion was offered that Conditipn #18 of Resolution No. 3450 be deleted and the motion failed due to lack of a majopity. ~. ""."- .- - ' .r&-L""""- Li B B D .. RESOLUTION NO. 3450, announcing findings, gran ing an appeal of a Planning Commission decisio and gpproving a Conditional Use Permit for a drive-thru restaurant, (CUP-93) located at952 Elm Avenue, was adopted. RECESS: The Mayor called for a recess at 9:15 P.M. The Council reconvened at 9:35 P.M. B. Public Works. E973 1. Agenda Bill #3125. Federal Aid Urban! E Program. by the City Manager and Public Works Adrninis- [ trator. It was explained that two of theCity'js major streets, Elm Avenue and Palomar Airport I Road, were listed at 60 and 79 respectively, 1 on the FAU priority list, and funding for at least the next three years will not be avail- able. It was recomme.nded that the City go on record suggesting that these two projects re- k! main on the FAU list. B Lengthy discussion was held and it was@agreed that the staff recommendation to place Vh'e' Elm Avenue extension and Palomar Airport Road're- construction as the candidate projects from Reports regarding the FAU Program were given I [ c B ii I the City of Carlsbad for FAU funding, be 1 approved. I 1 1.. 2 I i: 1 1 1 f f e .. I, C2T.Y . OF CARLSBAD GXWNGtMEl *. c.gTy OF CARL,SBAD WUNCE%M€I -6- July '2, 1974 It was agreed that the City Manager communicat with the County of.San Diego and inform them that the City of Carlsbad will entertain any ween now and 1976. It was furth-er agreed that thiS agenda item be continued to the July 16, 1974 Council meeting 4. Agenda Bill #3121- Supplement #l. Adopting an amended Interim Salary Plan for Fiscal Year 1974-75. The Personnel Director explained the interim salary plan is a result-of meet and confer sessions conducted in 1973 with the Miscellan- eous Employee Group at which time salary ad- justments,.for five positions were agreed tal. He further reviewed for the Council those positions affected. Brief discusison was held and the following Resolution was adopted: RESOLUTION NO. 3452, adopting an amended in- terim salary plan for fiscal year 1974-75.. 5. Agenda Bill #3126. Proposed annexa- tion of property located on the north side of Palomar Airport Road between El Camino ?Real and Rancho Santa Fe Road. Ap.plicant: Donalld P. Loker. (E. Carlsbad Annexation No. 2.20) A report was given by the Planning Director who informed the Council the property will be annexed under L-C (L.imited Control) zoning. ' Further, it is his understanding that prior to final annexa will submit a r The following Ordinance was introduced for a first reading: ORDINANCE NO. 1170, approving. th.e annexation to the City of Carlsbad of .certain uninhabiited territory hereinafter described and designat- ing the same as .the "East Carlsbad Annexation ' No. 2.20". 6. . Qenda Bill #3127. Request by Mr. and Mrs. Gordon for partial refund of Business License Fee. A report was gi 'ing the circum It was agreed that Mr. and Mrs. Gordon be re- funded $133.63 as a partial refund of a busi- ness'license fee, as allowed by Ordinance. 7. f&enda Bill #3130. Purchase of Fire Hose. The City Manager reported that three (3) bids were received on June 24, 1974 for thepurchas of a Fire Hose. -.-. . . ,. .. CITY QF. . CARLSBAD GCx$N&ELkRE -7- - B B D 8 .. , . .. 5 July 2, 1974 / The low bid in the amount of $3,488.46 was sub- mitted by Inlardlaw Fire Equipment and it was the recommendation of the staff that a'purchase contract be awarded' that company. The following Resolution was adopted: The above Resolution awarded the purchase con- tract to Wardlaw Fire Equipment, Post Office Box 932, La Habra, California 90631, in the amount of $3,488.46 for the purchase of a fire 9- - CONSENT CALENDAR: 1991 (a) Qerida Bill #2072. - Supplement #l. Th!e request for extension of the Tentative Map for Carlsbad Tract 73-25 to July 3, 1975 by appli- cant Harry Welsch, Jr., was approved. (b) Agen'da Bi 11 #2063 - Supplement #l. The [991 request for extension of a Tentative Map for Carlsbad Tract 73-10 to July 3, 1975, by appli cant La Costa Land Company, was approved. 1991 (c) Agenda Bill #2241- Supplement #2. The request by Standard Pacific Corporation for approval of the Final Map for Carlsbad Tract 73-36, Unit #1, known as El Camino Portals,, was approved subject- to certain- conditions, 145.1 (d) Nenda Bill #3128. RESOLUTION NO. 3453, approving Future Improvement Agreement between the City of Carlsbad and Harry,.O.. Sy1:vester for the instal.lation of improvements on High- I. Said claim against the City was filed by Char- lotte V. Norris in the amount of $363.50 as a result. of a personal injury. 10- ADDITIONAL BUSINESS: A. City Manager. 1. Report on June 4, 1974 Election re: - vacant Council seat. The City Manager reported the two candidates, Mary Casler and Anthony Skotnicki, who tied in the vote for the City of Carlsbad vacant ."". -, , . and posted to that effect. c \Q! @ . s I. .. '' I I. .- -CITY OF CARLSBAD LWUNL;fLMEl en"&- OF Clq?kSBpi!2 WEECILME'