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Home My WebLink About1975-07-15; City Council; Minutesr J% P *+ &Y OF CARLS~D COUNCILME1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 15, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers - I 0 e ROLL CALL: INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE was given. PRESENTATION OF PLAQUE TO FORREST KRUGER. [421 Mayor Frazee called Mr. Forrest Kruger forward and announced that Mr. Kruger was retiring from the service of the City after 20 years. The Parks and Recreation Director extolled Mr. Krugev for his cooperative attitude and the fine job he has done as Parks Foreman. Mayor Frazee read the Resolution, commending Mr. Kruger, in full and following adoption, the Resolution was pre- sented to Mr. Kruger. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the regular meeting held July 1, 1975 were approved as corrected. Minutes of the adjourned regular meeting held July 8, 1975, were approved as corrected. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of Bills for the General Expenses of the City: City Operation $204,407.83; Water Operations $47,196.54; Net Payroll Transfer $77,528.23 for a total of $329,132.70 for the period July 1, 1975 thru July 15, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given the payment of the Payroll in the amount of $116,816.79 for the period June 16, 1975 thru June 29, 1975, as certified by the Director of Finance and approved by the Auditing Committee. By minute motion, the reading of the text of all Ordinances before the Council at this meeting, was waived: The following Ordinances were given1 a second reading by title only and adopted: PORTATION - Supplement #l. ORDINANCE NO. 1183, AMENDING TITLE 6 OF THE CARLSBAD MUNICIPALCODE 4 [23] 1. AGENDA BILL #3386 - EMERGENCY MEDICAL TRANS- BY THE ADOPTION OF CHAPTER 6.06 TO PROVIDE FOR EMERGENCY MEDICAL TRANSPORTATION SElRVICE FOR THE CITY OF CARLSBAD. [78] 2. AGENDA BILL #3407 - PRIVATE POL.ICE PATROL [31] PERMmND REGULATIONS. The City Clerk announce that a clerical error had been made in numberins 4 - the Ordinances which had not been discovered until after the Ordinances were given a first reading. She requested the following Ordinance Numbers be substituted and stated it would in no way affect the content of the Ordinance but would be for administrative purposes only. Motion Ayes xxx Motion l Ayes xxx Moti on xxx Ayes X Motion ~ Ayes xxx , I ~ Motion xxx Ayes X I ’I c c h Y OF CARLSERD COUNCILME1 I - 0 0 c -~ July 15, 1975 -2- I ORDINANCE NO. 6054, amending Title 5, Chapter 5.08 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- MENT OF SECTION 5.08.180 TO ELIMINATE THE REQUIRf MENT OF CITY COUNCIL APPROVAL FOR PRIVATE PD.LI.CE PATROL LICENSES. ORDINANCES NO. 3102, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPmODE BY THE ADDITION OF CHAPTER 8.40 TO REGULATE PRIVATE POLICE PATROLS. [Ill31 3. AGENDA BILL #3349 - PREANNEXATION CHANGE OF -.- ZONE - WILLIAM CANNING - Supplement #2. ORDINANCI NO. 9430, AMENDING TITLE 21 OF THE mSBAD MUNI- CIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PREANNEXATION CHANGE OF ZONE FROM SAN DIEGO COUNTY E-1-A TO P-C (Planned Community) ZONE ON A 13.9 ACRE SITE LOCATED ON THE EAST SIDE OF EL CAMINO REAL APPROXIMATELY 2,500 FEET NORTH OF ALGA ROAD. PUBLIC HEARINGS: Mayor Frazee announced he would like to re-open the Public Hearing which was continued on Agenda Bill #3476 considering approval of a Tentative Subdivision Map (CT 74-25) and concurrently, open the Public Hearing for consideration of the approval of a proposed amendment to Specific Plal (SP-104) and approval of a Tentative Subdivision Map (CT 74-25). [99] 4. AGENDA BILL #3476 - TENTATIVE MAP APPROVAL - LARWIN - SAN DIEGO. INC. Following a brief report by the Planning Direct01 a motion was made that Agenda Bill #3476-Supple- ment #1, be filed and that discussion on this item be consolidated with Agenda Bill #3417. [<IS] 5. AGENDA BILL #3417 - SPECIFIC PLAN AND TENTA- [I131 TIVE MAP - LARWIN -SAN DIEGO, INC. The Planning Director referred to a memorandum dated July 10, 1975 to the City Manager concern- ing the request for approval of an amendment to Specific Plan (SP-104) and approval of Tentative Map (CT 74-25). He outlined the sequence of events regarding the proposed amended Specific Plan and Tentative Map and stated that during the Planning Commission’s Public Hearing held on July 9, 1975, f4.r. Devere Anderson, representing Larwin, stated opposition to a number of condi-. tions contained in the proposed Specific Plan amendment, as we1 1 as several conditions in the Tentative Map (CT 74-25). The conditions object ed to were: a) the requirement to increase alley. widths from 24 ft. to 28 ft. b) the pay- ment of park-in-lieu fees in addition to the 17 acres identified as park/open space on the Maste Plan and Tentative Map. c) the requirement for installation of a fully signalized intersection at El Camino Real and Elm Avenue with no absol- ute guarantee of shared reimbursement. Reference was made by the Planning Director to the Master Plan (MP-5), Specific Plan (SP-l04A), and Tentative Map (CT 74-25 and CT 74-21) exhibi I 7 - r - r t - 9 Motion Ayes xxx , ~ ~ S I : I &Y OF CARWSAD - 0 e -3- .r July 15, 1975 I AB#341/ (cont.) which were displayed for Council review, and the Planning Director stated, for the record, that the EIR was certified at the time the first Spec. fic Plan (SP-104) was adopted in 1973. A lengthy report was given by the City Engineer in connection with the alignment of Elm Avenue. The City Engineer referred to a memorandum to the Planning Commission dated June 19, 1975 and answered numerous questions directed to him by the Counci 1. Mayor Frazee inquired if anyone in the audience wished to be heard and the following persons were heard : MR. LARRY TRACY, 1800 Century Park East, Los Angeles, Attorney representing Larwin - San Dieg Inc., stated there was one point he wished to make clear which was brought out in the Planning Director's staff report. He reiterated that al- though Larwin was the applicant on the Tentative Map application, they were not the applicant on the Specific Plan amendment. The City Council initiated the Specific Plan amendment. Mr. Trac stated further, that Larwinls review of the exis ing Specific Plan (SP-104) indicated that the Specific Plan is still viable including the curren alignment of Elm Avenue as shown on. SP-104, whic was adopted in January, 1973, and it is Larwin's feeling that no amendments to the Specific Plan are appropriate. Mr. Tracy stated that Larwin understood that the Planning Commission and the staff have recommended to the Council that cer- tain amendments be adopted. MR. DEVERE ANDERSON, 7801 Mission Court, San Diego, Vice President of Larwin, stated Larwin is objecting to certain conditions in Resolution Nos. 1168 and 1161 of the Planning Commission. and Larwin is requesting that aondi tion #8 of .Planning Commission Resolution No. 1168 be chang ed back to 1/8th p,articipation by L.arwin in the traffic signalization at Marron Road and Avenida de Anita; that Condition #9 remain as it was in the original approval of the Specific Plan which read: "Alleys shall be a minimum of 24 ft. in width"; that Condition #20 include the words "exteriors of all privately-owned building", etc He further stated Condition #13 would Dose no problem if strict enforcement of "no parking" were maintained. With regard to conditions of the Tentative Map (CT 74-25), Mr. Anderson state Larwin is requesti.ng that Condition #9 of Planni Commission Resolution 1161 be revised by deletin the words "concurrent with recordation of the Final Map for Ct 74-25" and replacing them with the words "prior to occupancy being granted for Phase I1 of approved Master Plan". In conclu- sion, Mr. Anderson stated all of the other con- ditions have been reviewed by Larwin and are ~ r acceptable to them. V i- 0, Y It t- - C r E COUNCILME1 Y - g - 0 0 ,* - &Y OF CARLSERD -4- July 15, 1975 I ~ ~~~~~~~~~~~ ~ ~~~~ AB#3417 (cont.) MR. BOB LEDGER, 2604 Via Studa in the Tiburon Subdivision, Vice-president of the Tiburon Home- owners Association, spoke on behalf of the Home-' owner's Association. He stated they are pleased with the conditions placed by the Planning Com- mission Resolution Nos. 1168 and 1161. Further, he explained some of the problems residents of Tiburon have experienced. MR. NICK BANCHE, 3464 Ridgecrest, Carlsbad, repr senting Mr. and Mrs. John Frazee, was heard. Mr Banche primarily addressed his remarks to the alignment of Elm Avenue and its effect on the Frazee property. A portion of his statements were in connection with Larwinls lack of contact with his client concerning the effect of further development by Larwin on the Frazee property. 1 MR. TRACY and MR. ANDERSON were given time for rebuttal of Mr. Banchels statements,. I The final speaker was MR. JOHN McCOY, represent ing Carlsbad Development Corporation formerly known as S.L. & B. Service Corporation. Mr. McCoy discussed the alignment of Elm Avenue and the effect it would have on the Carlsbad Develop ment Corporation .property. - No one else wished to be heard and the Mayor declared the Public Hearing closed at 9:45 P.M. I Lengthy discussion was held by the Council with regard to the Specific Plan amendment and a motion was made that Condition #8 of Planning Commisison Resolution No. 1168, be changed to read "1/8", rather than 1/4. The Mayor announced the motion failed for lack of a majority. It was moved that Condition #9 of Planning Com- mission No. 1168, be changed back to read "24 feet" rather than 28 ft. It was the concensus of the Council that Condi- tion #20 of Planning Commission Resolution No. 1168 be changed to read "exteriors of a1 1 pri- vately-owned buildings", etc., as requested by Larwin. Further discussion ensued by the Council regard- ing the alignment of Elm Avenue and a motion was made that the Council adopt Alternate #2 as a permanent alignment for Elm Avenue. A motion was made that Specific Plan (SP-104) be returned to the Planning Commission for report. Discussion was held with regard to Tentative Map (CT 74-25) and it was moved thilt Condition #9 of Planning Commission Resolution No. 1161 not be changed and that it remain Ias submitted. Further, it was moved that the staff be instruct. ed to prepare the documents necess,ary for approval of CT 74-25 incorporating the changes made to I SP-104 and those Conditions imposed by Planning Commission Resolution No. 1161. COUNCILME1 ( - Motion Ayes xx Noes X Motion Ayes Noes X xx Motion Ayes Noes xx X Motion X Ayes xxx Motion Ayes xxx Motion Ayes xxx < .' . ,. &Y OF CARLSERD COUNClLMEl I - 0 0 I -5- July 15, 1975 I RECESS: Mayor Frazee called for a recess at 10:35 P.M. and the Council reconvened with all Council members present at 10:55 P.M. It was the concensus of the Council that all Agenda Items would not be completed at this meet. ing and the Mayor announced that an adjourned Council meeting would be held on July 17, 1975 to complete the items not discussed. He further stated those who wished to be heard for Item#ll-A (Weed Abatement Cost Report) :would be heard 1 ater in the meeting but the Public Hearing would be held open to the adjourned meeting. 1 The City Manager stated that following the actior taken on Larwin - San Diego, Inc., Items 6 and 7 could be considered separately. [!39] 6. AGENDA BILL #3418 - TENTATIVE MAP APPROVAL S.L. & B. SERVICE CORPORATION (John E. McCoy). The City Manager stated the staff recommenda- tion was for denial without prejudice and that future fees be waived. Mr. John McCoy stated the applicant would prefer a continuance of this matter but would agree to Counci 1 action. AND ELM AVENUE ALIGNMENT/PROPOSED ADJUSTMENT - The City Attorney informed the Council that Agenda Items 6 and 7 were placed on the Agenda under Public Hearings due to the subject's association with Item #5, Larwin-San Diego, Inc. Sijnce they were not advertised as Public Hearing it would be discretionary whether they should be considered as Public Hearings by the Council. C A motion was made that the request for Tentative Map Approval for CT 74-5(A) be continued to the earl iest possible date. [99] 7. AGENDA BILL #3112 - TENTATIVE MAP EXTENSION S.L. & B. SERVICE CORPORATION (John E. McCo Supplement #l. --"1 The City Manager reported that the staff recom- mendation was to deny the request for a Tenta- tive Map extension for CT 74-5. It was moved that the request for Tentative Map Extension for CT 74-5 be denied, as recommended by the staff. [113] 8. AGENDA BILL #3419 - SPECIFIC PLAN AMENDMENT DAVID A. ELLSWORTH. The Planning Director gave a staff report re- viewing background information. MR. DAVID ELLSWORTH, 904 Vista Way, Oceanside, applicant, stated he would be available for any questions the Council may have. No one else wished to be heard and the Public Hearing was closed at 11:07 P.M. /so Rf! L* 'p 9 Motion Ayes xxx Motion Ayes xxx - 0 0 4' ,. . &Y OF CARLS Ba D -6- July 15, 1975 v I Agenda Bill #3419 (cont.) Following discussion by the Council, Ordinance No. 9431 was introduced for a first reading by title only: ORDINANCE NO. 9431, AMENDING ORDINANCE NO. 9392 GENERALLY LOCATED ON THE SOUTH SIDE OF ELM AVENUE BETWEEN HIGHLAND DRIVE AND PI0 PIC0 TO EXTEND THE PERIOD OF COMMENCEMENT. The following Item was taken out of Agenda Order and the Mayor announced that the Council would hear those persons present who wished to speak on this matter: WHICH ADOPTED SPECIFIC PLAN (SP-142) ON PROPERTY [l12] 11-A AGENDA BILL #3319 - WEEU ABATEMENT COST REPORT - Supplement #2. - I A brief staff report was given by the Public Works Administrator and a lengthy presentation was given by the Utilities Maintenance Director. The following persons were heard opposing weed abatement costs for the abatement of their property: MR. CHARLES GARNER, 2968 Garfield St., Carlsbad, stated he was billed $84 by the City and express- ed the opinion that $50 was a fair charge for the abatement of his property. He stated he has already paid the $50 to the City. MR. TOM FERRAN, 3725 Suffolk Drive, San Diego, owner of F 81 F Properties in Carlsbad, stated he had personally abated his property of weeds on April 21st. Approximately three weeks later, the City abated the property again and bi 1 led him for $80. He requested relief of the respon- sibility of the $80 charge by the City. MR. RAY WHITEHEAD, 1639 Tamarack Avenue, Carl sba owner of property located at Madison and identi- fied as Parcel #204-202-190 and another lot at Jefferson and Magnolia, stated due to his health he was unable to complete the abatement of his property. He was billed by the Cit.y for $30 and felt abatement by the City's contractor was a very poor job. He stated he wished to be re- lieved of the $30 charge by the Ci ty. The Utilities Maintenance Director reviewed the Garner complaint and stated he felt: $50 was a fair charge. He reviewed the complaint on F & F properties and recommended a reduction of $52 from the $80 charge. Further, he stated he had not had an opportunity to check the Whitehead properties since Mr. Whitehead's complaint was registered this date and had no rec:ommendation at this time. C Following brief discussion, a motion was made that the Public Hearing be continued to Thursday July 17, 1975 at 7:OO P.M. ~ CQUNCILMEI ( Motion xxx Ayes X -3 *, i. y ,.e &Y OF CARLSdkD COUNCILME1 I -7 - July 15, 1975 /5& kfi &, ';b cc, [113] 9. AGENDA BILL #3420 - SPECIFIC PLAN AMENDMENT COVINGTON BROTHERS. CSP-122-A) A staff report was given by the Planning Director and reference was made to the Specific Plan Amendment which was exhibited for Council review. He stated the only difference between the original Specific Plan and the proposed Specific Plan Amendment was the reduction in lake area to pro- vide other recreational facilities in the open space area. If the proposed amendment is not approved, the applicant will proceed in accord- ance with the existing Specific Plan. MR. CARL BROWN, Williams Engineering, 17401 Irv.ine Boulevard, Tustin, was heard on behalf of the applicant. No one else wished to be heard and the Mayor declared the Public Hearing closed at 12:07 A.M. Lengthy discussion was held and discussion center- ed on Condition #8 of Planning Commission Resolu- tion No. 1159 concerning "noise mitigating measures It. Following further discussion, a mot,ion was made Motion X that the staff recommendation be accepted and Ayes xx that SP-722-A be approved as outlined in Plannins Noes X Commission Resolution No. 1159; further that the staff be directed to prepare the documents necesc- next regular meeting. ADJOURNMENT: By proper motion, the meeting was adjourned at Motion X 12:21 A.M. to Thursday, July 17, 1975 at 5:OO Ayes xxx P.M., in the Council Chambers. Respectful ly submitted , MAR6,ARF E. ADAMS, By: No 7 a K. Gardiner , Recording Secretary m . ary for approval of the Specific Plan for the >fl, &F 0