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HomeMy WebLinkAbout1975-01-07; City Council; Minutes1. . CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 7, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 2- INVOCATION was given by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was lead by Cmn. Lewis. 4- APPROVAL OF MINUTES: 0 (a) Minutes of the regular meeting of December 17, 1974, were approved as presented. 5- CITY COUNCIL COMMITTEE REPORTS were given and no action was taken. 6- HOUSING AUTHORITY: [lo51 The Council adjourned to the Housing Authority at 7:27 p.m., and reconvened at 7:30 p.m. with all Councilmen present. Readingliof . ... . the: text of ordinances was waived by the unanimous' consent of the Council. I 7- PUBLIC HEARING: I At the hour of 7:30 p.m., the Mayor declared the Public Hearing open. I [lo81 (a) Agenda Bill #3264. To consider an appeal of the decision of the Planninq Commission in denying a variance to allow less than 60 feet frontage on a dedicated street (panhandle lot), on property located at 4145 Sunnyhill Drive. APPELLANT: WALTER C. GIERSZOWISC The Planning Director gave a background report and pointed out the staff recommendations for approval as they related to the findings of the Planning Commission in denying a variance reques on the subject property. I Mr, Walter C. Gierszowisc addressed the Council and urged favorable consideration of his appeal. e The following people spoke in opposition to the variance appeal being granted: Charles Nissen, 81 ton Anqible, Angelo Carl i, Jerry Hagert$., David Thompson and Charles Grabowski. Mr. David Minnich, rea1,tac.i. gave background on the purchase of the subject property and comment on the covenants, conditions and restrictions of the subdivision. No one else wished to be heard and the public hearing was closed. Discussion by the Council ensued, during which the City Attorney pointed out it is not the Council's place to enforce CiC.! &. R.'s but shoul assess the planning issues of the variance. A motion was made stating the Council's intentic to grant the appeal and return the matter to thc Planning Commission for report. The motion was lost by a tie vote as herein stated. 1 1 c C )r 2 COUNCILME' Present . 'x Absent x x Motion xxx Ayes X Motion xxx Ayes X ~d Motion Ayes Noes xx r, CITY OF CARLSBAD COUNCILME1 I I 0 0 -2- January 7, 1975 The matter was continued to January 21, 1975, to allow a deci3ion by the full Council. 8- DEPARTMENTAL REPORTS: A. Planning. E991 1. Agenda Bill #3252-Supplement #l. Amend- ing Precise Plan #20 to allow Real Estate Officc in the Country Store facility. APPLICANT: JAY F. AND MARYON HOFFMAN This matter having been considered at a previou! meeting, Resolution No. 3563 was offered for adoption. RESOLUTION NO. 3563, amending Resolution No.150; approving Precise Plan No. 20 for Marja Acres Country Store, was adopted by title only and with the unanimous consent of the Council furthc reading was waived. 11 131 2. Agenda Bill #3253-Supplement #l. Grant C991 ing a pre-annexation change of zone, and approv' ing tentative map for Carlsbad Tract 74-14. APPLICANT: 1NVESTOR"S DEVELOPMENT AND MORTGAGE CORPORATION. (Templin Heights) The Council reviewed the documents prepared by the staff and Resolution No. 3564 was offered for adoption.' RESOLUTION NO. 3564, announcing findings and decision on a preannexation change of zone (ZC- 145) from San Diego County E-1-A to City R-l- 7500 and R-1-9000, located on 83.25 acres on th east side of El Camino Real between Elm Avenue extended and Chestnut Avenue, was adopted with reading of the resolution being waived by the unanimous consent of the Council. ORDINANCE NO. 9415, AMENDING TITLE 21 OF THE CODE BY AMENDING THE ZONING MAP TO GRANT A PREANNEXATION CHANGE OF ZONE (ZC-145) FROM SAN DIEGO COUNTY E-1-A TO CITY OF CARLSBAD R-1-7500 and R-1-9000 ON PROPERTY LOCATED ON THE EAST TENDED AND CHESTNUT AVENUE, was introduced for a first reading. RESOLUTION NO. 3565, approving with conditions Tentative Map (CT 74-14) for 264 lots on 83.25 acres on the east side of El Camino Real betwee Elm Avenue extended and Chestnut Avenue, was adopted with reading of the resolution being waived by the unanimous consent of the Council. C991 3. Agenda Bill #3255-Supplement #l. Appro of Tentative subdivision map for Carlsbad Tract 74-21. (Loker Property) APPLICANT: LOMAS SANTA FE DEVELOPMENT CORP. SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE EX- i I 3s > 7 I' h$& 57 9 %@ 9 2 Motion Ayes xx> S , Motion Ayes xxx r Motion Ayes xxx Motion Ayes xxx Motion Ayes xx: I I ra 1 j - 0 L CITY OF CARLSBAD COUNCllMEi m .. -3- January 7, 1974 This proposed project was considered at the December 17th meeting and documents were ordered Resolution No. 3566 was presented for adoption. RESOLUTION NO. 3566,approving with conditions Tentative Map (CT 74-21) for the creation of 38 lots on 187 acres of property located on the north side of Palomar Airport Road approximately one half mile east of El Camino Real, was adoptel by title only and with the consent of the Counci further reading was waived. C991 4. Agenda Bill #3265. Request for approval of tentative subidvision map for Carlsbad Tract 72-38, located on the east side of Carlsbad Blvd between Tamarack Avenue and one lot south of Sequoia Avenue. APPLICANT: STEPHEN Q. ABBEY The Planning Director reviewed the history of the subject property and stated the Coastal Com- mission had approved the project but stilpulated the applicant was to make every effort to vacate Sequoia Avenue. It was the staff’s opini that the closure of Sequoia was desirable for traffic safety reasons, since access to Carlsbad Boulevard from Sequoia was extremely hazardous. With the vacation of Sequoia, traffic would then be routed to Tamarack and the controlled traffic 1 ight signal. The Council discussed the matter at length and a motion was made to cease and desist any furthe discussion on the closure of Sequoia Avenue. The matter was returned to the staff for the preparation of documents necessary for approval of the tentative map for CT 72-38. I391 5. Agenda Bill #3266. Request for approval of tentative subdivision map for Carlsbad Tract 74-19, located on Refugio Avenue and Neblina Drive extended. APPLICANT: L. R. PARTNERSHIP The staff informed the Council this is the last phase of the Precise Plan for Laguna Riviera and contains 50 single-family units. The staff was directed to prepare the documents necessary for approval of the tentative map for CT 74-19 for the reasons as outlined in Planning Commission Resolution No. 1122. I: ‘99 1 6. Agenda Bill #3267. Land Division of ” Lots in the RD-M or R-2 zones. The Planning Director stated a request has been made by Mr. Robert M. Allan, Standard Pacific, San Diego, to amend the zoning ordinance to allow the creation of smaller lots which would F a wider range of governmental financing programs to be utilized. Mr. Agatep referred to his memorandum of December 11, 1974, in which he outlined the various disadvantages in proceding along the lines suggested by Mr. Allan. He recommended the Council repori.t.!to Mr. Allan thAl his needs could be met by rezoning to planned ~ 7 C 1 C r I )t B \ 3 Mot i on Ayes X n Mo ti on Ayes Noes X Motion Ayes X Motion Ayes X ~ rmi t fl 50 X xx X xx X xx X .xx ,I CITY OF CARLSBAD -4- January 7, 1975 community zoning. Mr. Harry Truax, representing Mr. Allen, spoke to the Council and urged a reduction of lot size RECESS: Mayor Frazee called a recess at 9:lO p.r and the meeting reconvened with all four Council. men present at 9:25 p.m. D After further discussion on the above subject, the Council accepted the staff recommendations and directed that no action be taken on the matter. [28] Mayor Frazee introduced Mr. Jack M. Jimmink, Community Consultant from the County, bffice of Senior Citizens Affairs. C571 7. Agenda Bill #3268. Amendment to General Plan Revision Contract. I The staff recommended that the printing and bind ing of the adopted Elements of the General Plan, presently a responsibi:Tity of Lampthan and Assoc- iates under terms of the contract, as well as thl requirements of Capital Improvement Program, be deleted from the contract with Lampman and Assoc iates and these matters be handled under a separate arrangement. This would reduce the contract price by $2,500. Lampman has agreed to the proposed amendment. The Council was in agreement with the staff recommendations and Resolution No. 3567 was presented for adoption. RESOLUTION NO. 3567, approving a First Supplemen to Agreement between the City and Lampman and Associates for revision of the General Plan, was adopted by title only and with the unanimous further reading was waived. I B. Public Works. I L-991 1. Agenda Bill #2174-Supplernent #l. Reques for tentative map time extension for Carlsbad I .) Gardens, CT 73-38, 117 condominium units at Tamarack and Jefferson Street. APPLICANT: HIRSCH, STERN PARTNERSHIP The City Manager stated that the Public Faciliti Policy has been met and a letter is on file from the School District. The Council granted a one year extension of the Tentative Map for CT 73-38, said extension to terminate October 16, 1975. C991 2. Agenda Bill #2189-Supplement #l. Reques for tentative map extension, CT 73-39, for Spinnaker Hills subdivision, located wasterly an adjacent to Lagoon Lane and southerly of Poinsettia Lane. APPLICANT: STANDARD PACIFIC OF SAN DIEGO Following a staff report by the Public Works Director, the applicant's request for an extensi of tentative map for CT 73-39 was granted for a I r. - e - t t E t IC C COUNCILME1 v 9 1 Bd %* 4 Mot i on Ayes xxx Motion Ayes xxx S Motion Ayes xxx n I I - I) 0 I CITY OF CARLSBAD -5- January 7, 1975 ~~ ~ ~ ~ ~ ~~ ~ ~~~~~~ ~ ~~~~ r period of one year from date of expiration (Novem ber 7, 1974), and added a condition that develop- ment proceed according to the phasing shown on the revised tentative map, each phase subject to the seventeen (17) conditions of Res,olution #3255. C991 3. Agenda Bill #3226-Supplement #l. Approva of final map for Carlsbad Tract 73-2, Santa Fe Glens, and acceptance of future reserved street at Centella and Estancia Street. APPLICANT: LA COSTA LAND COMPANY Following discussion, the final map of CT 73-2 was approved, subject to fees, agreements, bonds, and annexation to the Leucadia County Water District within 15 days. RESOLUTION NO. 3558, accepting for public street purposes certain previously rejected easements I required by Carlsbad Tract-73-2, was adopted by title only and with the unani.mous consent of the Council further reading was waived. C451 4. Agenda Bill #3256. Adopting of form for future agreement with lien contract. At the request of Councilman Chase this matter was continued to January 21, 1975. C991 5. Agenda Bill #2175-Supplement #l. Reques for tentative map time extension for CT 73-20. i Spanish Village Unit #2, located southerly of- and adjacent to La Costa Avenue and west of Levante Street extension. APPLICANT: LA COSTA LAND COMPANY The City Manager confirmed that the applicant has complied with the Public Facilities Policy and recommended- the tentative map be extended. The Council accepted the recommendations of the staff and the tentative map for CT 73-20 was given a one year extension from date of expiration October 16, 1974. C991 6. Agenda Bill #2190-Supplement #1. Request for tentative map extension for Carlsbad Tract 73-43, 12 unit condominiums located between Alga Road and Unicornio Street. APPLICANT: ROBERT H. PARKER The staff stated that the applicant has met the Public Facilities Policy as it relates to schools and recommended the tentative map be extended for one year. The Council accepted the recommendations of the staff and granted a one year extension of the tentative map for CT 73-43 to November 21, 1975. C1111 7. Agenda Bill #3269. Application for exten. sion of permit for water rights. I I The staff reported that the current permit issue: to the City by the State Water Resources Control Board for use of water in the San Luis Rey River Basin in the City of Oceanside expired on December 1, 1974. A resolution authorizing a COUNCILME I %c g s M+ 9 - Motion Ayes x xx 1 Mot i on xxx Ayes X Motion xxx Ayes X Motion Ayes xxx Motion Ayes xxx I Motion Ayes xxx i I .r CITY OF CARLSBAD COUNCILME1 D 0 - -6- January 7, 1975 request for extension of time to complete use of water entitlement is necessary. - RESOLUTION NO. 3568, authorizing and directing the City Manager to file petition with State Water Resources Control Board for extension of time of Application 8205, Permit 5228, was adopt( by title only and with the unanimous consent of the Council further reading was waived. C55l 8. Qenda Bill #3270. Second amendment to Refuse Collection Agreement. The Public Works Administrator gave a report on terms of the Agreement with McDougal Sanitation Inc., wherein both parties agreed to meet and re-negotiate the rate structure. The staff was in basic agreement that an increase is in order and recommended further that an in-depth financi' audit of the contractor's operation be conducted. It was also felt that an expert in municipal refuse collection should be retained to advise on planning for future city growth and needs. Mr. George Long, Laguna Riviera resident, and Charles Nission, Carlsbad Boulevard resident, spoke in opposition to any rate increase. Council discussued the matter at length and a motion was made accepting staff recommendations for an in-depth financial audit and authorizing the retention of an expert in municipal refuse collection and the staff was directed to prepare the appropriate documents; action on the agree- ment itself was continued for two weeks. C. City Manager. [I 051 1. Agenda Bill #3271. Participation in [74] Federal Public Service Employment Programs. The staff informed the Council of the current participation in the Public Employment Program (PEP) and the availability of Comprehensive Education and Training Act funds (CETA). Both programs are designed to provide employment opportunities to relieve the unemployment rate which is at a 10.1% level in San Diego County. The merits and disadvantages of the two pr,ograms was discussed and Resolution No. 3570 was offere for adoption. RESOLUTION NO. 3570, approving an agreement between the City and the County for participatio in a Public Service Employment Program under the provisions of the Comprehensive Employment and Training Act, Title 11, and authorizing the Mayor to execute said agreement, was adopted by title only and with the unanimous consent of the Council further reading was waived. I ~ I 3 1 kg& v 3 ?L* 6 Motion xxx Ayes X d 1 Motion xxx Ayes X I Motion Noes xxx I Ayes X .r CITY OF CARLSBAD COUNCllMEl 1 I B 0 c I I ~ " -7- January 7, 1975 11 051 2. Agenda Bill 3272. Tentative 9-1-1 [32] Emergency Telephone System Plan. The staff stated this program is a State mandate( and funded system which requires submission of a tentative plan by January 31, 1975. The Council accepted the tentative plan and directed the staff to proceed with submission of said 9-1-1 Emergency Plan. 3. Agenda Bill #3273. Report on Capital Improvement Budget, Pub.lic Facilities Management Program and Public Works Fee Schedule Review. The Council agreed to continue this matter to January 21 , 1975. L281 4. Agenda Bill #3274. North County Lifelin( [45] Agreement. The staff stated this project had been budgeted and approved for the 1974-75 fiscal year. The agreement was overlooked at its expiration date of June 30, 1974, and requires execution by the Mayor and City Clerk. RESOLUTION NO. 3571, approving an agreement between the City and North County Lifeline for services in City's drug abuse prevention program and authorizing the Mayor to execute said agreement, was adopted by title only and with the unanimous consent of the Council, further reading was waived. c841 5. Agenda Bill #3275. Purchase of Police Patrol Vehicles and Transportation Vehicles for Juvenile Diversion and Burglary Prevention Units The Council budgeted $33,000 in the 1974-75 budget for the purchase of nine vehicles for use by the Police Department. The staff requested approval of the specifications and authorization to seek bids for the subject vehicles. RESOLUTION NO. 3572, approving specifications and authorizing the purchasing agent of the City to invite bids for a sedan, was adopted by title only and with the unanimous consent of the Counc further reading was waived. RESOLUTION NO. 3573, approving specifications and authorizing the-purchasing agent of the City to invite bids-for Police Patrol-Vehicles, was adopted by title only and with the unanimous consent of the Council, further reading was waiv ~ RESOLUTION NO. 3574, approving specifications and authorizing the purchasing agent of the City to invite bids for a station wagon, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. ORDINANCES FOR ADOPTION: I 9- (a) Agenda Bill #3242-Supplement #l. 0RDINDANC.E NO. 941:3. AN ORDINANCE OF THE CITY I J ¶ € k!!$& qf 9 ;L 9 7 Motion xxx Ayes X Motion xxx Ayes X Mot i on Ayes xxx Motion Ayes xxx 1 Motion Ayes xxx d. Motion Ayes xxx *I CITY OF CARLSBAD COUNCILME1 I - D 0 c - 8 .-. Janua,ry 7, 1975 ~~ ~~ ~ ~ ~1131 OF CARLSBAD, CAL~FORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZON- ING MAP TO GRANT A CHANGE OF ZONE FROM R-1-10,000 TO R-1-7500 (ZC-142) AND OPEN SPACE (0-S) ON 107 ACRES LOCATED SOUTHEAST OF EL CAMINO REAL AND ROUTE 78, was given a second reading and adopted. (LEADERSHIP HOUSING SYSTEMS, INC.) 10- ADDITIONAL BUSINESS: (a) City Council. [69l Parks and Recreation Commission: Appointment of Commission member continued to January 21, 1975. [lo51 - Economic Development Program: Harry Swanson was appointed by Mayor Frazee to represent the City. E681 San Diego Coast Regional Commission: Mayor Frazc stated that a final hearinq on the Coastal Zone Plan will be held on JanuaFy 10, 1975. The City Manager outlined various aspects of the Governmental Powers and Funding Element and Review Process for the California Coast Zone Conservation Plan. He requested the Council to direct the staff to participate in the hearing and to indicate the position they wished the staff to take. The Council accepted the City Manager's recom- mendations that the development standards be prepared to be administered by existing levels of government, and further, that they be devel- oped with a differentiation between standards which apply to property directly fronting on the ocean and lagoons and those properties lying further inland. It was felt the existing 1,000 yard limit to be a reasonable area of juris- diction, with minor adjustments to reflect natural resource areas, coastal topography, man- made boundaries, such as freeways, and community identity. It was also the Council's position that any juri diction over inland projects which directly impact coastal resources should be limited to the development of standards for approval and referral for comment to any statewide coastal agency which might be created. The staff was directed to reflect these attitudes at the hear- ing to be held January 10, 1975. (b) - City Attorney. C351 The City Attorney statgd EPA parking regulation enforcement has been postponed to July 1, 1975. Mr. Biondo further reported on the Fair Employ- ment Standards Act, the status of the McGee property,and stated the zoning issue had been sustained in the courts. I , $'9 gb \G Motion xxx Ayes X e - Motion Ayes xxx ~ -* ., -. .. CITY OF CARLSBAD COUNCILMEI -9- M \G Januarv 7. 1975 9 (c) City Manager. C681 The City Manager urged all the Councilmen who could do so to attend the Conference on Labor Relations being conducted by the League of California Cities on February 5, through February 7, 1975. I) [281 The City Manager further reported on the need of the Senior Citizens of: space, and informed the Council that Avacado Taxi Cab Company was no longer in operation but arrangements for cab service were being made. 11- RATIFICATION OF BILLS AND PAYROLL: Ratification of the payroll was given, in the 2, 1974 through December 15, 1974, as certified xxx Ayes amount of $102,766.36 for the period of December X lcloti on Auditing Committee. by the Director of Finance and approved by the Ratification of the payroll was given in the Motion X amount of $104,350.61 for the period of December Ayes xxx 16, 1974 through December 29, 1974, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given payment of bills for Motion General Expenses of the City: City Operations Ayes xxx in the amount of $269,063.25; Water Operations in the amount of $80.343.56; Investments in the amount of $1 ,600,000, and the Net Payroll in the amount of $136,671.35; Total Bills: $2,086.078.16, for the period of December 16, 1974, through December 31, 1974, as certified by the Director of Finance and approved by the Auditing Committe . 12- By proper motion, the meeting was adjourned at 11:30 p.m., to January 9, 1975, at 3:30 p.m., in the City Council Chambers. Respectfully submitted, x$c?Eyfs VIRGIN A M. SMITH, Recording Secretary B