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Home My WebLink About1974-12-03; City Council; Minutes.? CITY OF CARLSBAD COUNCllMEl I I) 0 $ Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 3, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers I 1- ROLL CALL: 2- INVOCATION was offered by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was lead by Cmn. Chase. 4- (a) Minutes of the adjourned regular meeting of October 29, 1974 were approved as presented. (b) Minutes of the regular meeting of November 19, 1974 were approved as corrected, said cor- rections on pages 5 and 6, Agenda Bill #3238 and Agenda Bill #3239, vote by Cmn. Chase should be shown as no. 5- CITY COUNCIL COMMITTEE REPORTS: [92] JAC. Councilman Chase reported that the County has requested the member agencies in the Encinas Water Pollution Control Facility to adopt ord- inances giving the County unilateral control on enforcement of ordinances and regulations. Mr. Chase and the Public Works Administrator agreed that no action should be taken by the Council on the request. A motion was made accepting the staff recommen- dation that control be retained by member agenci and no further action be taken. Discussion was held regarding Phase 111 of the facility, the needs it will meet and the means of funding the proposed expansion. 6- HOUSING AUTHORITY: [lo51 The Council adjourned to the Housing Authority at 7:25 p.m., and reconvened at 7:40 p.m. with all Councilmen present. 7- PUBLIC HEARINGS: The hour of 7:30 p.m. having come and gone, the Mayor declared the Public Hearings open. [85] (a) Agenda Bill #3242. To consider an Environ- [113] mental Impact Report and request for zone change from R-1-10,000 to R-1-7500, to allow a 239 single family subdiilision on property located easterly of the intersection of Elm Avenue (extended) and Appian Road (extended). APPLICANT: LEADERSHIP H0USI;NG SYSTEMS, INC. The Planning Director gave a staff report and stated the developer has met all ordinances and policies of the City. William Rick, of Rick Engineering.and representa tive of the developer, addressed the Council and indicated concurrence with the conditions as outlined. No one else wished to be heard and the public hearing was closed. The Council discussed at length conditions and requirements for the proposed project. A mbtion was made that the Environmental Impact Report I E w v 262 7 Present x x I Motion ~ Ayes xx Motion Ayes xx Motion xx ~s Ayes X ~ ~ 1 Motion ~ Ayes X) [ X X X X (3 CITY OF CARISBAD WtdClLME -2- December 3, 1974 I 1 be certified. Cond'ition No. 19 of Planning Commis.sion Resollu- tion No. 1112 was amended to read as follows:: "Elm Avenue shall be extended west from Unit #l to El Camino Real a minimum of 28 feel:: of paved roadway prior to occupancy. -. .I' The staff was directed to prepare the documents necessary for approval of zone change (ZC-142) and tentative map (CT 74-4) subject to condition and reasons setforth in Planning Commission Resolution No. 1112. [113] (a) Agenda Bill #3243. To consider a Masteln Plan to allow Planned industrial development on approximately 187 acres and planned residential development on 410 acres at an average density of 3.66 dwelling units per net acre, said proper being located approximately 1/2 mile east of El Camino Real on the north side of Palomar Air- port Road. (Valle Verde - Loker) APPLICANT: LOMAS SANTA FE. DEVELOPMENT CORP. The Planning Director reviewed the hi.story of the area being considered for development and stated two EIRs have been certified on the property in conjunction with a General Plan Amendment and the prezoning of the property. Reference was made to Planning Department memo- randum of November 12, 1974. Don McClellan, Lomas Santa Fe Development repre- sentative, stated his objection .to wording in conditions #7 and #8 of Planning Commission Res- olution No. 1110. Clarence Dawson, adjacent property owner, and Bob.Johnson, representative of the University of California, indicated agreement with conditions established in the Planning Commission Resolutio I .. No one else wished to be heard and the public hearing was closed. The Council discussed the points raised by Mr. McClellan, as well as wording in other condi- ..~. -tions. It was..agreed.that'line two on page thre (condition #2 of Planning Commission Resolution No. 1110) be changed to read: "...guidance of the City of Carlsbad." e Mr. A1 Kern, developer's representative,. stip- . ulated to conditions as setforth in Planning Commission Resolution No. 1110. The staff was directed to prepare the documents necessary for approval of Master Plan 153, sub- ject to conditions and reasons setforth in Planning Commission Resolution No. 1110. RECESS: Mayor Fra.zee called a recess at 9~45 p.m. and the meeting was reconvened at 1o:oo Pam with a1 1 Counci lmen present- & ,- I I .. " 263 Motion Ayes Motion Ayes Noes Y Motior Ayes Noes I I I 1 .,~' Y t b' CITY OF CARLSBAD A -5- December 3, 1974 7 e - 7 8- ~~ ~~~~ ~ ~ DEPARTMENTAL REPORTS: I A. Planning. m31 1. Agenda Bill #3133 - Supplement #2. C991 Approval of a Specific Plan (SP-155) and tentative map (CT 73-59) for development of 326 dwelling units on 60 acres located east of Lowder Lane between Palomar Airport Road and Poinsettia Lane. APPLICANT: PACESETTER HOMES, INC. On recommendation of the City Manager, this matter was tabled. I By minute motion the reading of all Resolutions and Ordinances was waived. "I ~131 2. Agenda Bill #3235. Approval of a pre- annexational change of zone from San Diego Count E-1-A to Carlsbad RD-M on Parcels "B" and 'IC" and Carlsbad C-1 on Parcel I'D". APPLICANT: Cal Pacific Properties. 1 Following the public hearing held Nove.mber 19, 1974, the staff was directed to prepare :) documents necessary for approval of the zone change. Resolution No. 3551 was offered for adoption. RESOLUTION NO. 3551, announcing findings and decision on preannexation change of zone from San Diego County E-1-A to Carlsbad RD-M and C-1 (Neighborhood Commercial) on 16.5 acres to allow construction of a neighborhood commercial and apartment complex on property located at the northeast corner of Alga Road and El Camino Flea1 ORDINANCE NO. 9410, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONINlG MAP TO GRANT A PREANNEXATION CHANGE OF ZONE FROM SAN DIEGO COUNTY E-1-A TO RD-M (RESIDENTIAL DENSITY MULTIPLE ZONE) AND C-1 (NEIGHBORHOOD COMMERCIAL ZONE) ON 16.5 ACRES TO ALLOW CONSTRUC TION OF A NEIGHBORHOOD COMMERCIAL AND APARTMENT- COMPLEX ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL was introduced for a first reading. - I L-1131 3. Agenda Bill #3236 - Supplement #l. E991 Regarding a Specific Plan for development of a I I residential area to be known as Buena Woods #3, and approving a tentative map for Carlsbad Tract 74-13. (Public Hearing - November 19, 1974) APPLICANT: KAMAR CONSTRUCTION CO, ORDINANCE NO. 9411, ADOPTING A SPECIFIC PLAN LOCATED ON THE EAST SIDE OF CREST DRIVE BETWEEN 4 (SP-160) FOR A 135-UNIT DEVELOPMENT ON 43,2 ACRE ELM AVENUE AND EUCALYPTUS AVENUE was introduc:ed for a first reading. I RESOLUTION NO. 3552, approving with conditions Tentative Map (Ct 74-13) for a 135-Unit develop- I ment on 43.2-acres located on the east side of- crest dirve between Elm Avenue and Eucalyptus Avenue, was presented and adopted. COUNCILME Motion Ayes xxx Motion Ayes XXX ~ Motion i Ayes Y KC Motion KCX Ayes Y - B 0 CITY OF CARLSBAD COUNCllMEl 7 -4- December 3, 1974 I -. 4. Agenda Bill #3016 - Supplement #l. Proposed [1141 amendment to the Sign Ordinance. The City Manager gave a history of the proposed amendment and recommended the matter be returned to the Planning Commission with additional staff recommendations to be included in the ordinance. The Council concurred with staff recommendations and the matter was referred to the staff for additional work and presentation to the Planning Commission. B. Public Works. [991 1. Agenda Bill #3244. Amendment to Title 20 of the Municipal Code regarding Parcel Maps. The proposed ordinance will provide for the adju: ment of property boundaries where no additionla1 lots or parcels will result and where standard public improvements are available. ORDINANCE NO. 9412, AMENDING TITLE 20 OF THE MUNICIPAL CODE BY THE ADDITION OF CHAPTER 20.22 TO PROVIDE FOR THE FILING OF ADJUSTMENT PLATS, was introduced for a first reading. P51 2. Agenda Bill #3245. Future Street Improvl cg91 ment Agreement for property located on Magnolia Avenue (Dr. Albert J. Freiburger:- PS #253). Installation of the required improvements is not feasible at this time and the staff recommended approval of a future improvement agreement. RESOLUTION NO. 3553, approving an agreement between the City and Albert J. Freiburger for future street improvements on Magnolia Avenue and Authorizing the Mayor to execute said agreement was presented and adopted. C. City Manager. E101 1 1. Agenda Bill #3246. Review of Taxi Cab Ordinance. The City Manager informed \the Council of a task force being organized by the County for the purpose of reviewing and developing a uniform taxi cab ordinance. The City Manager was designated the City's rep- resentative on the task force. ~ 1 c741 2. Agenda Bill #3247. Employees Life Insurance. The Assistant City Manager stated the group life insurance; policy writ ten by Standard Insurance Company has been received and reviewed and found to be correct as to amounts of insurance provide RESOLUTION NO. 3554, approving Policy No. 311713 A, with Standard Insurance Company and the list of eligible employees and authorizing the Ci,ty Manager to sign the policy acceptance and thle eligibility list, was presented and, adopted. I S' e C 26 sm % 9 Motion xxx Ayes X t- Motion xxx Ayes X - Motion Ayes xxx Motion xxx Ayes X Motion xxx Ayes X CITY OF CARLSBAD -5- December 3, 1974 - B e I 1 [311 3. Agenda Bill #3248. Bridwell Patrol Servic( I A request by William R. Bridwell to operate a patrol service in the City was considered by the Council and permission was granted. C731 4. Agenda Bill #3249. La Costa coot sholot. 1 ~41 A request from Mr. Jacobs, Director of Golf at La Costa, to shoot migratory birds which have caused considerable damage to the golf course was considered by the Council and permission was granted with the following conditions: I I 1. The City be furnished a copy of the migratory bird permit; 2. La Costa be specifically instructed by City Police Department as to condi- tions permitting firing of shotguns, timt of firing, notification of firing to the Police Department, etc., and 3. The applicant be required to furnish proper insurance indemnifying the City against any liability. [ 1'051 5. Agenda Bill #3250. Offshore Oil Drillin! The Council discussed the appropriate time for opposing oil drilling on the continental shelf. The staff was directed to prepare a resolution of opposition to be sent to the U.S. Department of the Interior. I ~271 6. Agenda Bill #3251. Audit Report for the City of Carlsbad and the City Water Department. I Mr. James M. Gaiser, of Diehl, Evans and Company addressed the Council and invited their question on the Audit Reports. The Council received the Audit Reports and direc ted that they be filed. The recommendations of the City Manager as st;atel in his memorandum dated December 2, 1974, were accepted. I I 9- ORDINANCES FOR ADOPTION: [113] (a) Agenda Bill #3226 - Supplement #l. ORDINANCE NO. 9409. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. ADOPTING A SPECIFIC PLAN (sp-116) FOR 179 S~NGLE FAMILY LOTS, 3 CONDOMINIUM LOTS WITH A MAXIMUM DENSITY OF 20 DWELLING UNITS PER ACRE AND 8 OPEN SPACE LOTS ON 57.3 ACRES LOCATED SOUTHWESTERLY 0 THE INTERSECTION OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD, was presented for a second read- ing and adopted. (La Costa Land Co.) 10- ADDITIONAL BUSINESS. [37] JAPATUL. The City Manager reported that it was suggested the Coastal Commission hear the matter first, prior to the City holding hearings; how- ever, in d-iscussing all phases it was felt that a Specific Plan should be presented and normal procedures followed. I 3 - 3- 3 S - d F COUNCILME Motion X Noes X X Ayes X Motion Ayes Motion xxx Ayes X xxx Motion Ayes x Noes xx I I 1" CITY OF CARLSBAD -6- Dec.ember 3. 1974 - D e - T C351 [I 041 ~1051 11- Mayor Frazee introduced Mr. Roger Greer, who has joined the City staff as Administrative Assistan I 12- -~~~ ~ I California Transportation Control P-?an Litigation, The City Attorney referred to his memorandum of November 22, 1974, and stated that the objective: in participating in said litigation have been met and as such, he requested Council authorization to dismiss the City's suit against the Environ- mental Protection Agency. The Council authorized the Ctty Attorney to ' dismiss out of the law suit. - North County Transportation System. The City Manager stated that arrangements have been ma,de for one free ride for Senior Citizens to acquaint them with the bus system and schedules. Housing and Community Development Act. The City Manager reported on a meeting attended by all City Managers in the County. The meeting was for the purpose of discussing a joint applicatio for funds. He stated the staff has prepared an application for the downtown area as the dead- line for receiving applications was December 2, 1974. Mr. Bussey recommended the consortium approach because of the increased chances of obtaining funds, even though there would be some loss of local control. r The Council concurred with the Manager's recom-i mendations. I RATIFICATION OF BILLS AND PAYROLL: Ratification of the payroll in the amount of $107,253.38 for the period of November 4, 1974, through November 17, 1974, was given, as certi- fied by the Director of Finance and approved by the Auditing Committee. Ratification was given payment of bills for General Expenses of the City: City Operations in the mount of $105,531.50; Water Operations in the amount of $2,924.02; Investments in the amount of .$300,000; and Net Payroll in the arnoun of $71,667.79; TOTAL BILLS: $480,123.51, for th period of November 4, 1974, through November 17, 1974, as certified by- the Director of Finance an approved by the Auditing Comrni ttee. EXECUTIVE SESSION: The Mayor called for an Executive Session at 11:05 p.m., for the pur!pose of discussing litigation, and the meeting was reconvened at 11:25 p.m., with all Councilmen present. Mayor Frazee announced litigation had been discussed and no action was taken. 1 € C ADJOURNMENT: By proper motion, the meeting was adjourned at 11:30 p.m. I Respectfully submitted, i,,pwd E q&& MA 2 GAR, ( T E. ADAMS., City Clerk VIRGImA M. SMITH, Recording Secretary COUNCILME1 1 k\ 5'9 3* 7 9 Motion Ayes xxx Motion xxx Ayes X Motion Ayes xxx