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HomeMy WebLinkAbout1974-11-19; City Council; Minutes- 8 "0 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: November 19, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 2- INVOCATION was offered by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting held November 6, 1974, were approved as presented. ORDINANCES AND RESOLUTIONS: Mayor Frazee stated a suggestion was made tha a new procedure be instituted for waiving the reading of Resolutions and Ordinances. This can be accomplished at the beginning of a meeting by a motion to waive the reading of all Resolutions and Ordinances before the Council at each meeting and would require a unanimous vote of the Council. It was moved that the reading of all Resolutions and Ordinances be waived. 5- COUNCIL COMMITEEE REPORTS: [69] (a) Parks and Recreation Commission. Council- man Lewis reported on discussion held by the P&R Commission and stated the P&R Commission would like to have applications submitted by anyone interested in filling the vacancy created by the resignation of Commissioner Skip Regan. Mayor Frazee announced that a list had been (corn- piled of those persons who have already submitte applications and additional applicants would be placed on the list for consideration. [92] (b) Joint Advisory Committee. A report was given by Councilman Chase regarding the hiring of a consulting firm for the purpose of conduct- ing a study relative to the present management and operating system of the Encina Pollution Control Facility. He stated the study committee met with three consulting firm representatives this date and is prepared to make their recom- mendation at the JAC meeting tomorrow. The cost of such a study is estimated at between $8,000 and $1.2,000 and has been budgeted by JAC. Coun- cilman Chase requested authorization from the City Council as a member of the Joint Advisory Committee to proceed with the study. 0 A motion wasmade that. the Joint Advisory Com- mittee proceed with the study. 6- PUBLIC HEARINGS: The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearings opefi. [I131 (a) Agenda Bill #3235. To consider a request for approval of a pre-annexational change of: zone from San Diego County E-1-A to Carlsbaci RD-M zone on Parcels "B" and 'IC" and Carl sbad C-1 on Parcel "D", said property being located on the east side of El Camino Real between Alga Road and San Diego Gas & Electric Company trans- mission line easement. Applicant: Cal-Pacific Properties. COUNCILMEf I v 9 \G 253 M Present X X X Motion xxx Ayes x Motion Ayes XX) Mot i on Ayes xx ~ - 8 e I CITY OF CARLSBAD COUNClLMECl ( -2- November 19, 1974 254- I The City Manager reported that since the Plannin Commission's recommendation for approval of the pre-annexational zone change and the preparation of the Agenda Bill for this meeting, the staff has become aware of some problems involved wi,th the C-1 zoning. He gave background information on this application and entertained several oIpti( which the Council might consider. The Planning Director gave a staff report exhibi ing a tvansparency of subject area. He stated it was the recommendation of the staff that the pre-annexational zone change request be approved and that the annexation application be forwarded to LAFCO. He stated there are other annexations which may follow this one which would help to fill in the "doughnut". IS 1 - Further explanation was offered by the City Mana ger regarding surrounding property which might annex and the steps which would be taken by ithe staff to determine if the property owners would be interested in annexing to the City. I MR. JOHN J. MAMAUX, 1393 Basswood Avenue, Carls- bad, representing the applica-nt, was heard by the Council. He urged Council approval of the pre-annexational zoning and stated by the time formal approval of the annexation is presented to the Council, any problems which may be involv ed with the zoning since the adoptiton of: the revised General Plan, should be resolved as it appears the staff would have sufficient time to prepare the necessary documents to allow neicjhbo hood-commercial, zoning. - No one else wished to be heard and the Pub1 ic Hearing was closed at 7:56 P.M. A motion was made that the staff be directed to Motiol prepare the documents necessary for approval of Ayes the pre-annexational zoning as requested. [113] (b) Agenda Bill #3236. To consider a request [99] for approval of a Specific Plan (SP-160) for development of a residential area to be known located on the east side of Crest Drive between Elm Avenue and Eucalyptus Avenue. Applicant: Kamar Construction Company. I as Buena Woods #3, on approximately 43.2 acres ~ A staff report was given by the Planning Direc- tor with a transparency depicting the location and a Specific Plan Map. He reported the EIR was presented to the Council in April, 1973. The City Manager pointed out that Item #6 of the Planning Department staff report was inadvertant ly left out of the Planning Commission's Resolu- tion No. 1108, concerning the Specific Plan. It should be included as part of the Council's approval of the Specific Plan. Discussion was held by the Council of other conditions contained in Planning Commission Re- solution No. 1108. ~~ v q S@ 7 xx - 8 a CITY OF CARLSBAD COUNCILME1 4 I ~ -3- November 19, 1974 MR. JERRY ROMBOTIS, 3505 Charter Oak, Carlsbad, representing Kamar Construction Company, was heard urging approval of the Specific Plan and Tentative Map for Buena Woods Unit #3. MR. ERNEST ADLER, adjotning property owner, spok in opposition to the proposed development on the premise that approval be denied fior the purpose of preserving the environment. Mr. Adler lis,ted a number of other reasons for denial and at the conclusion of his statement, the City Clerk re- quested a written copy of his statement. The Mayor declared the Public Hearing closed at 9:03, since there was no one else who wished to be heard. For purposes of clarification, the City Manager stated all requirements have been met by the applicant. It was moved that the staff recommendation to approve the Specific Plan and Tentative Map be accepted and the City Attorney was instructed to prepare the documents necessary for approval of the Specific Plan and Tentat-ive Map. The Council further instructed the City Attorney to incorporate in the documents, those changles which were previously discussed. RECESS: Mayor Frazee called for a recess at 9:25 P.M. and themeeting reconvened with all Councilman present at 9:45 P.M. 7- DEPARTMENTAL REPORTS : A. Planning. C991 1. Agenda Bi 11 #3133 - Supplement #2. Approval of Specific Plan SP-155 and Tentative Map for Carlsbad Tract 73-59 for development of 326 dwelling units on 60 acres located east of Lowder Lane between Palomar Airport Road and Poinsettia Lane. Applicant: Pacesekter Home!;, I The City Manager stated the actual property ownc of the property have indicated their interest ir annexing to the .City and the City Manager requ.2~ ed a two week continuance of this matter. It was moved that this matter be continued t.o th, next regular Council meeting. C991 2. Agenda Bill #3226 - Supplement #l. Approval of Specific Plan and Tentative Map for Carlsbad Tract 73-2. Applicant: La Costa Land Company. (Santa Fe Glens) The Public Hearing on this matter was held on November 6, 1974 and the City Attorney instruct. ed to prepare the documents necessary forapprov of the Specific Plan (SP-116) and Tentative Map I f I nr 2%’ 1 tn e - a 255 - Motiol Ayes - d. S - Motio Ayes 1 F n n X X XI X X I i - # 0 CITY OF CARLSBAD -4- November 19, 1974 c Ordinance No. 9409, ADOPTING A SPECIFIC PLAN LOTS WITH A MAXIMUM DENSITY OF 20 DWELLING UNITS PER ACRE AND 8 OPEN SPACE LOTS ON 57.3 ACRES LOCATED SOUTHWESTERLY OF THE INTERSECTION OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD, was intro duced for a first reading. (SP-116) FOR L79 SINGLE-FAMILY LOTS, 3 CONDOMINIl I Discussion regarding the conditions of the Tenta tive Map was held and the Resolution presented: 1 RESOLUTION NO. 3547, approving Tentative Map (CT 73-2) for 179 single-family lots, 3 condo- minium lots with a maximum density of 20 dwelling units per acre and 8 open space lots on 57.3 acres located southwesterly of the intersection of La Costa Avenue and Rancho Santa Fe Road, was adopted subject to the following changes being incorporated in the Resolution: 1) Page 2- Conditon 8 - A period should be placed after the word "properties" and all other wording should be striken. 2) Page 3- Condition 20 - line 2 should read: "(28-foot section)". 3) Page 3 - Condition 21 - line 2 should read: I' to be established in accordance with the standards approved by the City Engineer . I' B. Public Works. W1 1. Agenda Bill #2207 - Supplement #1 . Request for extension of time on Tentative Map I for Carlsbad Tract 73-49. Applicant: Cabot., Cabot & Forbes. I The staff report was given by the Public WorIks Administrator who informed the Council the staff recommendation was to approve the request for extension of the tenative map to November 20, 1975. i A motion was made that the request for Extension of the Tentative Map for Carlsbad Tract 73-49 be granted to November 20, 1975, as recommended by the staff. I C. City Manager. I I331 1. Agenda Bill #3221 - Supplement #2. Extension of operating permit for Carlsbad TV, Inc. for a period of six months. The City Manager reported on this matter and the following Resolution was presented: RESOLUTION NO. 3548, approving an agreement bc- tween the City of Carlsbad and Carlsbad Cable I TV, Inc. for extension of a temporary license agreement and authorizing the Mayor to execute said agreement, was adopted. I ~ c81' 2. Agenda Bill #3115 - Supplement #l. Sale1 of Police Pistol Range Property (Old Carlsbad I Dump Site). I COUNCllMEl 1 kh Cn'g %* 256 Motion xxx Ayes X Motion Ayes xxx Motion Ayes 'x x I I) 0 CITY OF CARLSBAD -5- D November 19, 1974 I The City Manager reported that the Council had previously directed the staff to negotiate with Leadership Homes in connection with the sale of the Police Piltol Range property which is lo- cated at the Old Carlsbad Dump Site. The City Manager reported it was the recommendation of tht staff that the staff be directed to complete the sale to Leadership Homes by proper escrow pro- cedure (recommended to be a 90-day escrow) after the acreage figure is checked. RESOLUTION NO. 3549, approving an agreement be- tween the City of Carlsbad and Leadership Housinc Systems, 1nc.-for sale of City property and authorizing the Mayor to execute said agreementS was adopted. Fare. The City Manager reported on this matter and stated that item #2, paragraph 3 of Resolution No. 3550 should include the wording "Children under five (5) years old shall ride free". RESOLUTION NO. 3550, setting fares for passengers on the North County Transporation System embark- ing within the City of Carlsbad, was adopted as amended. ~041 3. Agenda Bill #3237. Senior Citizen's Bus [911 4. Agenda Bill #3238. Request by School [7g] District for expenditure of funds collected through City's Public Facility Policy. The City Manager reported that at the time the City Council adopted the Public Facilities Policg and details were being worked out with the School ,District as to how these funds rece.ived by the School District from developers 9hould be used, the City and the School District agreed that these funds not be used for the purchase of school buses. As a result, the Carlsbad Unified School Di.strict adopted Resolution No. 5-7374 which deleted the use of funds for the purchase of school buses. For the reasons outlined in their letter of October 28, 1974, they are now requesting the Council's concurrence to amend Resolution No. 5-7374 to include the purchase of school buses from monies received from de- velopers. Following lengthy discussion, it was moved to approve the City Manager's recommendation and request the School District to amend their Rlesol tion No. 5-7374 to include the purchase of school buses and forward a copy of their amended Resolution to the City. C791 5. Agenda Bill #3239. Request for amen'dmen to City Council Policy #2 - re: Mileage paylment A report was given by the City Manager who in- formed the Council that he is recommending that the staff be authorized to amend Council Policy #2 to permit those persons who use thetr person; vehicle for City business to be reimbursed by 1 the City at a rate of 156 per mile for gasoline. I 3 1 I t t 11 COUNCILME1 I h\ v 3 ?w 257 Motion Ayes xxx Motion Ayes xxx Motion Ayes xx: 7 - CITY OF CARLSBAD COUNCILME1 .. - b- November 19, 1974 I - I 0 ~~ ~- A motion was made that the City Managerbs re- commendation that the staff be authorized to amend Council Policy #2 as stated, be approved. I f5T J 6. Agenda Bill #3240. Proposed Fire Sta- tion No. 3, The City Manager reported on this matter and re- ferred to a letter received from Gage-Babcock & Associates, Tnc. signed by Fire Protection En- gineer Glenn D. Peterson and dated October 1, 1974. Further, the City Manager stated that if the Council approves the construction of Fire Station #3, at the corner of El Camino Real and Chestnut Ave., it will be emphasized that this location is a temporary site. Discussion ensued and a motion was made that the staff .be directed to develop additional in- formation on Alternative #2 as outlined on Page ’2 of the letter dated October 1, 1974 from th;e firm of Gage.Babcock & Associates, Inc. I D. City Attorney. ~411 1. Agenda Bill #3241. Claim against the City of Carlsbad filed by Charles Gonzales, Slam Berry and Henry Battle. A motion was made to ratify the action of the City Attorney in rejecting the claim for failure to comply with Government Code J 910. 8- ORDINANCES FOR ADOPTION: The following Ordinances were presented for EI second reading and adopted: 1[781 (a) Agenda Bill #3230. Ordinance No. 6053, AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 5.30 TO REGULATE THE I TRANSPORTATION OF AVOCADOS. [301 (b) Agenda Bill #3207. Ordinance No. 8066, AMENDING TITLE 18, CHAPTER 18.04 OF THE CARLSBAI: MUNICIPAL CODE BY-THE AMENDMENT OF SECTIONS 18.04.005 THROUGH 18.04.125, INCLUSIVE AND BY REPEALING SECTION 18.04.130 TO ADOPT BY REFEIRENC THE L973 EDITION OF THE UNIFORM BUILDING CODIE MENTS. SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMEND- I [w (c) Agenda Bill #3225. Ordinance No. 9406, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM RD-M (RESIDENTIAL DENSITY-MULTIPLE) 4.040 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR ROAD BETWELL EL CAMINO REAL AN1 ESTRELLA DEL MAR ROAD. (La Costa Land Company). TO R-P (RES1 DENTIAL PROFESSIONAL) (ZC-146) FOR I [w (d) Agenda Bill #3199. Ordinance No. 9407, [991 ADOPTTNG A SPECIFIC PLAN (SP-116) FOR 201 CONDO, MINIUM UNITS ON 37.5 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF LOWDER LANE BETWEEN PALOMAR AIRPORT ROAD AND THE NORTHERLY TERMINUS OF CAMINO DEL PARQUE. (La Costa Land Company/Sant( Fe Glens). I 1 E. 3 - a vg 258 \@ 9 Motion Ayes xxx Motion Ayes xxx Motion Ayes xxx Motion Ayes XX) Mo ti on Ayes XXI Motion Ayes xxx Motion ) Noes xx Ayes X CITY OF CARLSBAD -7- November 19, 1974 I B 0 - 1- ~~- I I [I131 (e) Agenda Bill #3213. Ordinance No. 9408, [85] ADOPTING SPECIFIC PLAN (SP-132) FOR DEVELOPMENT OF 253 DWELLING UNITS ON 100 ACRES GENERALLY I I LOCATED ON THE NORTH SIDE OF UNICORN10 STREET BETWEEN AUENIDA DE PARAISO AND CHORLITO STREET. (Carrillo Rancho Partnership) I 9- ADDITIONAL BUSINESS: I A. City Council. I C281 (1,) Citizen of the Year Award Committee. Mayor Prazee stated the Citizen of the Year &war should'be presented in the not too distant fultur and requested that members of the Council submit the names of those persons who should be conside ed for.appointment to the Citizen of the Year Award Committee as soon as possible. Annually khree persons are appointed to serve on this committee. ~. ~ B. City Attorney. I ~1051 1. EPA Violation by Federal Government -: Oil Company proposed leases. The City Attorney reported he attended a meeting in Los Angeles at the City Attorney's Office concerning a Publi( Hearing scheduled for December 2nd and 3rd, 11974 by the United States Government on the Environ- mental Impact Statement (EIS) of outer-continen- tal lands to be leased for oil drilling. Due to the fact that most cities had not had the oppor- tunity to review the EIS, it was felt that the Hearing should be postponed. The City Attorney requested that the Mayor direct a letter to the Secretary of Interior requesting a postponement of the Hearing. In the event this request i!; denied, the City Attorney requested permission to join in the Law Suit that will be filed by the City of Los Angeles. The cost to the City of Carlsbad would be $100.00. Following discussion, a motion was made that the City Attorney prepare a letter to the Secre- tary of Interior for signature by the Mayor, re- questing a postponement of the Hearing. Further, it was moved that the City Attorney 'be authorized to send a letter to the Los Angeles City Attorney stating the City of Carlsbad wlould like to join the suit in Federal Court against the Federal Government, as a party plaintiff at a cost not to exceed $100.00. .I - 10- RATIFICATION OF BILLS AND PAYROLL: Ratification of the payroll in the amount of $100,779.80 for the period October 21, 1974 through November 3, 1974, was given as certified by the Director of Finance and approved by the Auditing Committee. COUNCILME1 I %'9 \G 2 59 M Motion Noes xxx Ayes X - Motion xx; Ayes X Motion xx: Ayes X Motion Ayes xx, CITY OF CARLSBAD COUNCILME1 ( -8- k\ v 9 co 9 266 November 19, 1974 Ratification was given by the payment of the Operations in the amount of $123,150.80, Water xxx Ayes bills for General Expenses of the City: City Mot i on $293,800.64 for the period October 21 ,1974 thru roll in the amount of $66,051.91 for a total of ments in the amount- of $100,000.00, and Net Pay- Operations in the amount of $4,597.93, Invest- of Finance and approved by the Auditing Cbmnittee. November 3, 1974, as certified by the Directolr B [341 Chamber of Commerce. Mayor Frazee stated he had X Motion audited the bills for the Chamber of Commerce best of his knowledge. fie recommended bills in and found them to be true and correct to the xxx Ayes the amount of $2,353.25 be reimbursed theChamber. 11 - ADJOURNMENT: By proper motion, the meeting was adjourned at Ayes 11:30 P.M. to November 26, 1974 at 5:OO P.M. X Motion Respectfully submitted, xxx WT&E@U MA~G ET E. ADAMS City Clerk NORA K. GARDINER Recording Secretary 0