HomeMy WebLinkAbout1974-06-18; City Council; Minutes..
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Meeting of: CARLSBAD CITY COUNCIL (Regular Meeting) Date of Meeting: June 18, 1974 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers
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ROLL CALL:
INVOCATION was offered by Mayor Frazee.
PLEDGE OF ALLEGIANCE was given.
APPROVAL OF MINUTES:
g (a) Minutes of the adjourned regular meeting held June 5, 1974, were approved as presented.
held June 11, 1974, were approved. as presented. Dl (b) Minutes of the -adjourned regular meeting
5- CITY COUNCIL COMMITTEE REPORTS:
[68] ' (a) CPO - Transit Funds. Mayor Frazee annourtced CPO approval of SB 325 funds and informed the Council distribution of funds had been made and .Oceanside received their portion of funds. \ 6- HOUSING AUTHORITY: d ii [lo51 The Council adjourned to the Housing Authority for a Special Meeting at 7:05 P.M. and reconvene at 7:11 P.M., with all Councilmen present.
7- PUBLIC HEARINGS:
[99] (a) Agenda Bill #2144 - Supplement #2. To con-
i sider a Specific Plan (SP-131) to allow a 420- unit residential development on property located at the north side of Olivenhain Road, easterly of El Camino Real, known as Ponderosa Homes.
1 Applicant: Kaiser-Aetna (Appeal)
'0 I The City Manager reported representatives from
I 1 F will be forwarding a letter indicating public i facilities will be available. He stated since I
F i p A staff report was given by the Planning Direct
[ Director. The staff and Planning Commission
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B 5 The Public Hearing wa.s closed at 7:40 P.M.
Kaiser-Aetna and the San Dieguito High School District held another meeting and it is his under standing from the School District that an agree- ment had been reached, and the School District
an agreement had been reached, he would recommen approval of the Specific Plan and Tentative Map. I!
and two wall exhibits of the Specific Plan were
p posted for review and referred to by the Planning"
t recommended approval of the Revised Specific 'P1
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$ .i cant was heard by the Council and he indicated
and Tentative Map.
Mr. Don Worley, Attorney representing the appli
a check in the amount agreed upon would be for- warded to the School District promptly. Also heard was Mr. Charles Sallazzo, Vice-president of Ponderosa Homes.
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D Following Council discussion, the staff was d'irecf- ed to prepare the necessary documents -for approva of the Revised Specific Plan (SP-131) and Tenta- tive Map for CT 73-18.
[llrt] (b) Agenda Bill #3109. To consider a Zone Code Amendment (ZCA-62) which would create a Profes- sional-Administrative (P-A) Zone in the City of Carlsbad, prescribing such land uses as businesse and professional offices, as well as financial institutions such as banks and savings and loan companies.
The City Manager reported the Zone Code Amendrne had been advertised for Public Hearing. Thesta then realized there were some areas which needed revision. He recommended, following comments from the Council, that the staff be directed to ,review these revisions.
A staff report was give-n-by the Planning Director and the intent of the zone code amendment was explained. The Planning Director further explain ed areas of staff concern which it was felt may need revision.
The Public Hearing was closed at 8:OO P.M.
Following lengthy discussion by the Council and an expression by the Council that the proposed P-A Ordinance as is, may cause confusion due to its similarity to the newly adopted R-P Zone, the matter was referred back to the Planning Commission for further study and report.
[114] (c) Agenda Bill #3110. To consider Zone Code
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Amendment (ZCA 52A) which would revise the Resi- dential Density-Multiple (RD-M) Zone in the City of Carl sbad.
The City Manager reported this matter had been advertised for Public Hearing for this meeting.
allow the staff and the City Attorney to rewrite 1 the Revised RD-M Ordinance, and recommended the
He informed the Council more time was needed to F
1 matter be continued to July 16, 1974. I 1
As a-matter of courtesy, the Council inquired :. t i: i i
if anyone in the audience was present to hear 1 1
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big 9. I this matter. No one wished to be heard. I gb$
1 It was agreed that Zone .Code Amendment (ZCA-52A) I Motion i 6 Rt I
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E to the Council in approximately thirty (30) days'. pi[
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which would revise the RD-M Zone, be filed. 1 Ayes IXkXz Egt
The City Manager stated it is expected this [ bst matter will be returned from the Planning staff i e9C $5$
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June 18, 1974
~~~~~~~~~~~~~~I~~~~~~,~~~~.~~~~~-,~:-~~~-~ . .. - ~U~~~~~~~~~ f I 8- DEPARTMENTAL REPORTS: Dl 1 A. Planning. 1
Q 73-1 for property generally located on the south
r: side of Adams St., east of Hoover St., to be
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I The City Manager reported this matter wascontin- I J
1 Exhibit ''A" and Exhibit "A-Alternate" were avail I
1 the redesign program and discussed densities.
1 [99] 1. Agenda Bill #lo54 - Supplement #3. Re- port on Zone Change (ZC-lOl), Specific Plan (SP-102), and a Tentative Map, Carlsbad Tract I
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$ known as "Hedionda Point". Applicant: Covington- Coninmark.
ued from May 21 , 1974 to allow the General Plan Land Use Element to be heard by the Planning Commission.
Two wall exhibits, identified as Specific Plan
.able for reference and the Planning Director gav 1 a staff report explaining that Exhibit "A-Alter- nate" was a Revised Specific Plan which was a redesign program. He explained the details of
Further, he stated it was the recommendation of the staff that Specific Plan "A-Alternate" be approved, as well as the Zone Change and Tenta- tive Map.
Discussion ensued regarding Specific Plan Exhibi "A-Alternate" and also densities.
Councilman Chase moved that the zone change re- quest to P-C be granted and the motion was second ed by Councilman McComas. Upon the realization that no documents had been prepared, Councilman Chase withdrew his motion and offered a new motion that the staff be instructed to return1 with the necessary documents granting a zone change to P-C.
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I I I [ A further motion was offered to direct the staf
I 4 c nate" and the Tentative Map with those condition
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to prepare the proper documents for approval of the Master Plan-Specific Plan Exhibit "A-Alter-
proposed by the staff. jj
c P I! The City Attorney informed the Council that thei
1: action at this time does not constitute approva .B but merely instructs the staff to return with the necessary documents. Approval with regard to these matters, at the next meeting, will re- I i: quire three votes to pass.
E Following an inquiry from the Council, the Plan-' Di
1 5 to him that he would comply with all conditions
1
ning Director stated the applicant had.indi!cnted
imposed for approval of his request. I '3 I ~431. 2. Agenda Bill #3089. Report on the appe
of the Planning Commission in denial of Condit i Use Permit (CUP-93) for Drive-thru Restaurant.
4 Applicant: Carl Karcher Enterprises. I j
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D The Planning Director reported this matter was returned to the Planning Commission following Council's consideration and their indication of intention to grant the appeal. The staff report was given and the P1a.nning Director stated alt.hou it was a recommendation of the staff to approve the CUP, the Planning Commission upheld their recommendation to deny the CUP on the basis it was not the-highest or best use of subjectprope
Discussion ensued and it was pointed out no sign- age is approved under Condition #21. The Plan- ning Director informed the Council all conditio recommended by staff, if the CUP is granted, have been agreed to by the applicant.
The Attorney for the applicant raised a question regarding Condition #21 and the Planning Director explained the condition was added since it was 'the staff's understanding the applicant wished to exceed the sign requerements. Some discussion was held regarding this condition and it was agreed by the Council that the wording for Con- dition 21 should read: "All signs shall conform to the Sign Ordinance of the City of Carlsbad".
The staff was directed to prepare the necessary document granting a Conditional Use Permit for -a drive-thru restaurant.
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t571 .3. Agenda Bill #3111. Interim Sphere of Influence.
The Planning Director presented a transparency
of the Interim Sphere of Influence and explained that the City of Vista recently requested the City of Carlsbad adopt a mutually acceptable "Sphere. of Influence" boundary. He stated the proposed "Sphere of Influence" is compatible wit the Carlsbad ultimate boundary.
Following discussion, it was agreed that the 1 Council adopt the position that they are in
I of San Diego and the Local Agency Formation
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1 agreement with the "Interim Sphere of Influence" and also that the staff be directed to notify
I! the cities of Vista and San Marcos, the County
? Commission (LAFCO) of their action.
4 C991 4. Agenda Bill #3112. Approval of Tentai- tive Map for Carlsbad Tract 74-5 for developme of a 31-lot single family subdivision on 10.0 acres; said property located at the northeast intersection of El Camino Real and Appian Road '1 d Applicant: S. L. 81 B. Service Corporation. d 1 II
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A transparency was presented of the Tentative Map and. a staff report given by the Planqing Director. He pointed out that the original Tentative Map had been revised and the revised Tentative Map had been approved by the staff a the Planning Commission.
Brief discussion ensued by the Council and the
B I. c following Resolution was adopted: g
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RESOLUTION NO. 3440, approving with conditions
Tentative Map (CT 74-5) for construction of a 30-lot single-family subdivision general1.y lo-- cated on the east side of El Camino Real between Appian Road and Elm Avenue.
I! I E791 5. Agenda Bill #2193. Street Naming Policy. c [98] I A staff report was given by the Planning Director and a transparency was exhibited, entitled Exhibit "A" to Council Policy #20. The transpar- ' ' ency indicated a geographical division of the [ city with subject types of names designated for
1 section areas. He state.d it was felt that this method would provide a logical means of establish ing street n.ames and would avoid confusion with I
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[ duplicate names and sound-alike names within ,the 1 City. f 1 Following discussion by the Council, it was B agreed that item #4 of the Policy be deleted 'and
I B. Public Works.
i that Council Policy #20, concerning street names be adopted.
[991 1. Agenda Bill #2027 - Supplement #l. $ B Request for Tentative Map extension regarding .Carlsbad Tract 71-2, property being located sout of Poinsettia Lane and east of A.T. & S. F. Rail road. Applicant: Occidental Land Co.
Th'e City Manager reported on this matter and
stated the details of the Poinsettia Overcrossin are nearly completed and the Poinsettia Bridge Agreement should be presented to the City Coun- cil at the next Council meeting.
Approval was given the request for extension of the Tentative Map for Carlsbad Tract 71-2,
one (1) year from the date of expiration (May 21
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I 1973); subject to the condition of a satisfactor
1 as recommended by the staff, for a period of
I agreement on the Poinsettia Overcrossing being executed within thirty (30) days. ri 1 [97] 2. Agenda Bill #3092 - Supplement #l.
i $ [45] Report on bid proposals for asphalt concrete
5 overlay for various city streets. (Contract#1021
The City Manager reported bids on Contract #lo21
in the amount of $59,844.87 being submitted bly
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B I were opened on June 5, 1974, with the low bid
f Asphalt Service of Oceanside.
i t the Public Works Administrator and the following
B RESOLUTION NO. 3441, accepting a bid and authori
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Discussion ensued by the Council regard.ing can- tingency funds. An explanation were offered by
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i; 1 Resolution was adopted:
I zing the execution of a contract for asphalt 1 conceret overlay of various city streets for Contract #1021.
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Further, authorization was given for the utili- zation of $10,000 contingency funds for street resurfacing.
The above Resolution awarded Contract #lo21 to Aspha1.t Service, P. 0. Box 'ICII,Oceanside, Calif. 92054, in the amount of $59,844.87 for asphalt concrete overlay of various city streets, with a total amount of $89,500 committed to theprojec
3. Agenda Bill #3113. Underground Utility District $3 - Elm Avenue.
The Public Works Administrator reported on th1e matter of the Underground Utility District for Elm Avenue.
Some discussion was held by the Council and the Administrator for Public Works was requested to 'investigate the feasibility of having a small transformer in connection with Utility District #3, placed underground.
Authorization was given the Mayor to execute a bill of sale, relinquishing ownership of an exis ing library electrical service to San Diego Gas
& Electric and further, authorizing the Mayor to execute certain easement documents on bahalf of ,the City.
C. City Manager,,
1. Agenda Bill #2237 - Supplement #2. Seven Supplement to the Basic Joint Sewer Agreement.
The City Manager repo/ted on the 7th Supplement
Discussion was held by the Council and it.was suggested that the Seventh Supplement to the Bas.ic Sewer Agr-ement be approved in its present form with the understanding that every effort would be made to insure that the final engineer- ing costs, as well as the final construction costs, would be made by each agency on the basis of benefit gained.
above, read into the minutes of the next Joint Advisory Committee (JAC) meeting, and the follow ing Resolution was adopted:
execute said agreement.
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June 18, 1974 ~~~.~~~.~~~~.~~,~~,'.~~.~~~~~~,*~~~~~~~~ 5. ~~.~~:~~~~~,~:~~~~~~~~:~~,~~~~~,~ I [28] 2. Agenda Bill #3094. A Resolution, formali Dl zing the Water Committee. I I I
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A report was given by the City Manager and the following Resolution was adopted:
RESOLUTION NO. 3424, creating and establishing the Water Committee.
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il 1 [74] 3. Agenda Bill #3114. Employee Health and 1
@I Accident Insurance. i t The matter of Health and Accident Insurance for I employees was reported by the City Manager. He stated after months of study, it was the recom- mendation of the committee and staff that health and accident insurance be written with Crown ~ I Life Insuratice Co.
I I .Brief discussion was held by the Council and it
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was agreed the recommendation be accepted and health and accident insurance for City employees be written with Crown Life Insurance Co. and a Notice of Cancellation be written to.the present carrier, .Metropolitan Life Insurance Co.
[811 4. Agenda Bill #3115. Sale of Police Pistol Range property - (Old Carlsbad Dump Site)
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'Following a report by the City Manager and dis- cussion by the Council with regard to subject. property being located in the vicinity'of the Larwin subdivision and Leadership Homes, and a matter of park dedication, it was moved tha.t this matter be continued to the next Council meeting to allow further study by the staff.
[ [63] 5. Agenda Bill #3116. Purchase of three
B display cases for Library Conference Room. I 8 c
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The City Manager reported Mrs. Clara McGowan- Cioban has offered her collection of artifacts to the library with the stipulation that locked cases be provided to house the gift. It is the recommendation of the staff that the gift be accepted and authorization be given for the purchase of the locked cases. Further, the City Manager stated normal bidding procedure will be used to obtain the locked cases, and it will be necessary for a transfer of funds,, The necessary documents will be prepared for the next Council meeting.
A motion was made that the recommendations 01' the staff be approved.
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P 1 D21 6. Agenda 6ill #3117. State Tide and Sub-
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merged Land Grant. I j A report was given 'by the City Manager aid dis- 9 I cussion he.ld by the Council. The staff was ;! instructed to proceed thru the State Legisla- 1 ture to renew the State Tide and Submerged Lands Grant for a period of ten (10) years.
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7. Agenda Bill #3118. Cancellation of City's Genera.1 Liability Policy. I .g b I [Sl]
i $ The City Manager reported that a thirty (30) day 1 cancellation notice for the City's General Lia- bility Policy had been received, since the City'
municipal business. It was recommended by the staff that the City negotiate with National Certified, the City's prese.nt Broker, for cover- age thru one of two other companies who ar.e still of'fering insurance .for municipalities. The City has been assured by the Broker, that a new in- surance company can offer coverage for a premium rate which will be virtually the same as the City is currently paying.
f ! carrier, Pacific Indemnity, is going out of the
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b 1 Following d'iscussion, a motion was made th staff recommendation be accepted and that Certified be notified to negotiate as out in their letter dated June 2, 1974. I 5 1 C631 8. Agenda Bill #3119. L.ibrary Mezzanine
I Improvement. I
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A report was given by the City Manager regarding improvement of the Library Mezzanine and follow-
ing discussion by the Council, a motion was made that authorization be given by the staff to in- terview architects for the purpose of returning to the City Council with a recommendation for selection.
9- . ORDINANCES FOR ADOPTION:
The following Ordinances were given a second reading by title only and adopted: 1 C251 (a) Agenda Bill #3106. ORDINANCE NO. 1169, .approving the Annexation to the City of Carlsbad of certain uninhabited territory hereinafter i I described and designating the same as the ''Ea.st i 5! 1 Carlsbad Annexation No. 2.21'1. (Amos Sommers) I i 1
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[57] (b) Agenda Bill #3099. ORDINANCE NO. 9391. amending Title 21, Chapter 21.18 of the Munic:ipa Code by the amendment of Sections 21.18.010, 21.18,020, 21.18.030, 21.18.040, 21.18.050 and 8 21.18.060 and .by repealing Sections 21.18.07O, f 21.18.080 and 21.18.090, to revise the R-P I (Residential-Professional) Zone. 1
1 [113] (c) Agenda Bill #2220 - Supplement #Z.ORDINANCEi ii
NO. 9393, amending Title 21 of the CMC by grant6 ing a change of zone from R-1-7500 to R-P (Resi-l, ! dential-Professional) on property generally 110- I cated on the south side of Elm Avenue between Highland Drive and Pi0 Pic0 to allow the develop7 1 j ment of a Financial-Professional complexs:'
f [1131 ORDINANCE NO. 9392, adopting a Spec.ific Plan E I SP-142) on property generally located on the f Bouth side of Elm Avenue between Highland Drive 5 and Pi0 Pic0 to allow the development of a Financial and Professional complex. (Ellsworth) i
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IO- CONSENT CALENDAR:
The following items were approved by one motion affirming the actions of the Consent Calendar:
[gg] (a) Agenda Bill #808-Supplement #3. Approving the Final Map for Carlsbad Tract 72-18, Unit ,#2, said property located on the east side of Park Drive, north and south of Hillside Drive. (Pacesetter Homes).
property located at the east side of Gibraltar St. between La Costa Ave. and Jerez Court. (La Costa Vista Associates).
11- ADDITIONAL BUSINESS:
B. City Attorney.
this matter.
2. Kais.er/Aetna Law Suit. The City Attorne
., requested Council's concurrenct to communicate with the Court for a Dismissal with Prejudice in the Kaiser/Aetna vs. City of Car1sbad:Law Suit regarding Public Facilities, since the matter was resolved at this meeting. It was agreed by the Council that a letter for Dismissal with Prejudice be sent to the Court.
C. City Manager.
prior to the regular meeting of the Planning Commission.
City of Carlsbad's vacant Council seat. He stated he, the City Clerk and City Attorney met I 1 .--. ' with the Registrar this week in order to deter- g
mine the reason for the delay in election results.
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I 12- RATIFICATION OF THE BILLS AND PAYROLL: I 1
Ratification was given the payment of the pay- roll in the amount of $94,534.68 for the period June 1, 1974 through June 15, 1974, as certified by the Director of Finance and approved by'the 1 Auditing Committee.
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a Ej Ratification was given the payment of bills inr )I
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the to-tal amount of $584,860.21., which includes City Operations, Water Operations and Investments for the period June 1, 1974 through June 15, 197 as certified'by the Director of Finance and appr ed by the Auditing Committee.
[34] Chamber of Commerce. Mayor Frazee stated he had audited; the bills for the Chamber and found them to be true and correct to the best of his knowledge. He recommended bills in the amount of $5,673.31 be ratified at this time and this amount be reimbursed the Chamber of Commerce.
EXECUTIVE SESSION:
Mayor Frazee called for an Executive Session at 1O:OO P.M. for the purpose of discussing Personn The Council reconvened at 10:55 P.M. and the Mayor announced Personnel was discussed and it was agreed that the staff be instructed to pre- pare documents for appointments to the following
c761 1) Two appointments to the Planning Commi ssi on.
C281 2) Fourteen appointments to the Bicen-
[lo51 3) Three appointments to the Housing
tennial Committee.
Authority Grievance Board.
f ADJOURNMENT:
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I By proper motion, the meeting was adjourned
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at 10:59 P.M. to Tuesday, June 27, 1974 at 2:00 P.M. in the City Council Chambers. li
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i! i ' XqT E. ADAMS, City Clerk b
D1 NORA 'K. GARDINER, Recording Secretary gdi DE :g I: E 1 r. R
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