Loading...
HomeMy WebLinkAbout1975-02-04; City Council; Minutes- B L - r' &Y OF CARLSERD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: February 4, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- 2- 3- 4- C281 5- 6- 7- 11 051 8- I371 9- ~991 I 1 I 1 I ROLL CALL : '\ INVOCATION was offered by Mayor Frazee. PLEDGE OF ALLEGIANCE was given. PRESENTATION - re: Bicentennial Mayor Frazee introduced former Mayor of Carls- bad, Cn3.7. David M. Dunne, Chairman of the Carlsbad Bicentennial Committee. Col. Dunne introduced the Carlsbad Bicentennia' Flag which was observed in the Council Chamber and introduced Mr. Ray Cotton who had received a Graphic Design Merit Award from the Whiting- Plover Paper Company for originating the forma for the Carlsbad Bicentennial Committee Stationary. Col. Dunne then presented an awarl from the Whiting-Plover Paper Company given to the Carlsbad Bicentennial Committee, which was received by Mayor Frazee on behalf of the City of Carlsbad. 1 S t d APPROVAL OF MINUTES: (a) Minutes of the regular meeting held Janu- ary 21, 1975, were approved as presented. (b) Minutes of adjourned regular meeting held January 28, 1975, were approved as presented. COUNCIL COMMITTEE REPORTS, were given and no action was taken. I HOUSING AUTHORITY: I The Council adjourned to the Housing Authority at 7:09 P.M. and reconvened at 7:15 P.M. with all Councilmen present. PUBLIC HEARINGS: The Hour of 7:30 P.M. having arrived, the Mayor declared the Public Hearings open. (a) Agenda Bill #3283. To consider a request for approval of the Geologic and Seismic Safety Element of the General Plan. The Planning Director gave a staff report on the purpose and utilization of the Geologic anc Seismic Safety Element of the General Plan. No one wished to be heard and a motionwas made that the Public Hearing remain open and can- tinued to the regular meeting to be held Feb- ruary 18, 1975. DEPARTMENTAL REPORTS: A. Planning. 1. Agenda Bill #3284. Request for approv a1 of tentative map for Carlsbad Tract 74-22, I to allow phasing of construction for develop- ment of a 61-lot subdivision. Phask I of Specific Plan #31. Applicant: Larry D. Hunts (Papagayo) COUNCILME Motion Ayes Motion X X Ayes Motion Ayes XI 7 B 1) lr P L” 8~ OF CARLseaD -2- February 4, 1975 ~ ~~~~ ~ Mayor Frazee stated he was in receipt of a letter addressed to the City Manager, dated February 4, 1975 and signed by Larry D. Hunts requesting a two week continuance. A motion was made to continue this matter to the regular meeting to be held February 18, 1975. 1331 2. Agenda Bill #3074 - Supplement #l. 1975 Special Census. The Planning Director gave a staff report and explained the County of San Diego will execute a contract with the State of California for the 1975 Census on behalf of the County Agencies ‘therefore, the City’s agreement will be with the County rather than the State. Following discu,ssion, Resolution No. 3583 was adopted: RESOLUTION NO. 3583, approving an agreement between the City of Carlabad and the County of San Diego for the taking of a 1975 census,^ authorizing the Mayor to execute said agreement and rescinding Resolution No. 3410, was adoptel by title only and with the unanimous consent of the Council, further reading was waived. C287 3. Agenda Bill #3286. Citizens and Pro- [57] fessional Advisory Committee on Public Safety Element of the General Plan. A staff report was given by the Planning Direc tor and he stated it was the .request of the staff that this committee. be established and the list of names attached to the Agenda Bill be reviewed by the Council. RESOLUTION NO. 3584, creating and establishing the Citizens and Professionals Advisory Com- mittee on Public Safety Element of the General Plan, was adopted by title only, subject to the number of committee members being set at nine (9). With the unanimous consent of the Council, further reading of the Resolution was waived: E431 4. kenda Bill #3254 - Supplement #l. Report from Planning Commission on City Counci action with regard to an appeal of the Plannin! Commission approval of a Conditional Use Permi. (CUP 80-A). Appellant: Charles .and Marie Nissel The Planning Director reported the Planning Commission at their meeting of January 14, 1975, voted to reaffirm their original decisio and their recommendation to the Council is tha the Conditional Use Permit be granted and the appeal be denied. Following discussion, a motion was made to grant the appeal and deny the request for a Conditional Use Permit. The motion was given a second by Councilman Skotnicki and subsequen withdrawn by Councilman Chase. I Y c 1 3 t 9 I1 J COUNCILME (0 \p 0 20 Motion Ayes Noes ) X Motion Ayes x: Motion Ayes X Motion (Withdrawr) - - B e - & OF cARLSERD -3- February 4, 1975 B motion, the staff was instructed to draw tie documents necessary to grant the appeal of the decision of the Planning Commission and deny the request for a Conditional Use Permit, for the following reasons: 1. The street is too narrow to support more 2. The lot is too small to support the re- 3. The requested church use does not front than the existing residential traffic. quested activity. on a residential collector or larger street, and the use, while compatible with a resi- dential zone, is not located at an inter- section in such a zone, nor does it act as a transitional use from the residential zone to other uses. c251 5. Agenda Bill #3045 - Supplement #l. Proposed annexation to be known as "South Carlsbad Annexation 1.18". Applicant: Pace- setter Homes, Inc. A staff report was given by the Planning Direc tor who offered background information on the request for annexation. The City Manager reported that in order to comply with LAFCO requirements, the full annexation must be com- pleted within one year. The one year deadline is February 5, 1975. It was impossible to complete the annexation by that date so the staff applied for and was granted a six month extension by LAFCO. With the unanimous consent of the Council, reading of the text of Ordinance No. 1176, was .waived. ORDINANCE NO. 1176, approving the annexation to the City of Carlsbad of certain uninhabited territory hereinafter described and designatin same as the "South Carlsbad Annexation No.1.18' was introduced for a first reading. RECESS: Mayor Frazee called for a recess at 8:25 P.M. and announced an Executive Session would immediately follow.' the recess. THE PUR- POSE of the Executive Session was to discuss Personnel, specifically appointments to a va- cancy on the Parks and Recreation Commission and the City Council. EXECUTIVE SESSION: The Executive Session con- vened at 8:40 P.M., for the reason stated above and the meeting reconvened at 9:00 P.M., with all Councilmen present. The Mayor stated the matter of an appointment to fill the va- cancy on the Parks and Recreation Commission was discussed and Mayor Frazee nominated !Rs DOkj EGER$lAYER, 7036-13 San Bartolo St., Carls- bad. Mayor Frazee offered background informa- tion on Mr. Egermayer. ( I c 6.91 RESOLUTI.03 NO. 3595, appointing a member of th City of Carlsbad Parks and Recreation Cornmis- sion, was adopted by title only and with the unanimous consent of the Council, further 1 reading was waived. COUNCILME \,y rcu 21 Motion Ayes XI Mot i on Ayes xx Motion Ayes XI I I ~ Motion x; Ayes X r ,1: I I I I CRY OF CARLAD -4- February 4, 1975 " Executive Session (cont.) [37] Mayor Frazee also announced that an appointmen to the vacancy on the City Council created by the resignation of Glenn McComas, was discuss- ed and called for nominations. Councilman Lewls.nominated MARY CASCR, 3843 Highland Dr. Councilman Skotntcki moved that nominations be closed. By unanimous vote, MARY CASLER was appointed to fill the unexpired term on ~ , the City Council. .The. City Attorney stated-=+i$ wi.1 1- be .riec.essary for Mrs.' Casler to comply.with the disclosure.- -laws prior to being seated:.on the Council. : .. .. .. I: B. Pub1 ic Wor.ks. E451 1. Agenda Bill #3287. Approving Agreg- [991 ment with Sequoia Pacific to substitute cas-h deposit in lieu of Avenida Encinas Median Landscaping - Lakeshore Gardens Mobile Home Park, Carlsbad Tract 71-2. It was requested by the staff that this matter be continued to February 18, 1975. A motion;was made for a continuance to Febru- ary 18, 1975. - C. - C.ity Manager. ~ I ~ ~ 1841 1. Agenda Bill #3288. . Tire purchase through State Office Procurement. I I I A. report,was given by the City Manager and the following Resolution was presented: RESOLUTION NO. 3586, authorizing the Departmen of General Services of the State of California to purchase tires. E1101 2. Agenda Bill #3289. Installation of Chain Link Fencing at Mission Road property. The City Manager requested this matter be con- tinued to February 18, 1975 to allow staff to prepare a more complete report. He stated a question has been raised as to the desir-l ability of fencing the property since consider ation has been given to selling it. Councilman Chase sugg.ested that consideration 2 be given to leasing this land rather than sell ing it and moved for a continuance to the February 18, 1975 Council meeting. Trucks. The City Manager reported on the results of bids received for the purchase of three 2-ton dump trucks and stated the low bidder was Wesel olh "Ch&vro'le,t :. c841 3. Agerirla Bill #3290. Purchase of Dump I t t I - COUNCILMEN \q CCI 22 Motion Ayes xx Motion X) x Ayes 1 Motion Ayes xx x Motion xx x Ayes X L 7 I 0 c c % Y OF CARLS~D -5- February 4, 1975 RESOLUTION NO. 3587, accepting a bid and author zing the execution of a contract for dump truck was adopted by title only and with the unani- mous consent of the Council, further reading was waived. RESOLUTION NO. 3588, accepting a bid, authori- zina the execution of a contract and authori- zin; funds for the purchase of a dump truck, was adopted by title only and with the unani- mous consent of the Council, further reading was wai ved. The contract for the purchase of three dump trucks was awarded to Weseloh Chevrolet, 114 S. Hill St., Oceanside, California 92008, in the total amount of $26,227.21. 4. Agenda Bijl f3291. Purchase of Trac- .. c841 tor Loader. The City Manager reported on the results of bids received for the purchase of a tractor loader and stated the low bid was received from Ne1 son Machinery Company. RESOLUTION NO. 3589, ,accepting a bid, authori- zing the execution of a contract and authori- zing funds for the purchase of a tractor load- er, was adopted by title only and with the un- animous consent of the Council, further read- ing was waived. [loll 5. Agenda Bill #3292. Taxicab applica- tions for the City of Carlsbad. The City Manager reported that since Avocado Cab Company is out of business, a number of of Taxicab companies have submitted applica- tions to provide service for the City of Carls bad. He further stated that Encinitas Yellow Cab, some: time ago, was granted a conditional permit to operate taxicab service south of Palomar Airport Road and they are still pro- viding service in that area. Further, it was recommended that a Public Hearing date be set to consider the applications of those companie wishing to provide taxicab service in the city. A motion was made that a Public Hearing be scheduled at the earliest possible date to consider applications for taxicab service in the City of Carlsbad. c631 6. Agenda Bill #3293. Additional Light- ing for Library Parking Lot. The City Manager gave a report on this matter and lengthy discussion ensued by the Council. ~ It was moved that the matter be continued to the next regular meeting. COUNCILME (0 24 I! i- Motion ; Ayes XI Motion Ayes 1 X Mot i on Ayes x: b ~ Motion X) ~ Ayes ) Motion Ayes x; - I 0 c &y OF CARLstBD -6- February 4, 1975 E251 7. Agenda Bill # 3294. Fire District De- tachment for "East Carlsbad Annexation No. 2.19" Following a report by the City Manager, Resolu tion No. 3591 was presented for adoption. 1 RESOLUTION NO. 3591 , declaring that the area comprising the annexation of certain uninhabit ed territory, designated as the East Carlsbad Annexation No. 2.19 to the City of Carlsbad is to be withdrawn from the San Marcos Fire Pro- tection District effective February 7, 1975, was adopted and with the unanimous consent of the Council, further reading was waived. - [451 8. Agenda Bill'#3140 - Supplement #l. [70] Second supplement to Interim Parks Agreement for La Costa. A report was given by the City Manager and discussion held by the Council. RESOLUTION NO. 3592, approving an agreement between the City of Carlsbad and La Costa Land Company for a six-months' extention of the interim Parks Agreement and authorizing *he Mayor to execute said agreement. I r701 9. Agenda Bill #3295. Amendment to Chapter 20.28 of the Municipal Code, regarding Dedication of Park Lands. A report was given by the City Manager on this matter with comments from the City Attorney. With the unanimous consent of the Council, reading of the text of Ordinance No. 9416, was waived and the Ordinance was introduced for a first reading: ORDINANCE NO. 9416, amending Title 20, 20.28 of the Carlsbad Municipal Code by Chapterl the addition of Section 20.28.110 to provide an alternative procedure for the dedication of park land for subdivisions developed in the P1 anned Cammuni ty Zone. ~701 10. Agenda Bill #3233 - Supplement #l. [81l Carrillo Ranch House - Selection of Appraiser. I The City Manager stated three appraisers were contacted for bids and two have submitted bids It was the recommendation of the staff that the low bid submitted by Robert M. Dodd & Associates in the amount of $2,500, be accept- ed. It has been agreed by the appraiser"s fee will be paid by the developer. A motion was made that the staff recommenda- tion to appoint Robert M. Dodd & Associates as appraiser for the Carrillo Ranch House property, be accepted. COUNCILME ' .ro !p 23 Motion x> Ayes 1 Motion Ayes xx Motion Ayes xx Motion Ayes xx Motion Ayes x> - I 0 T c % Y OF CARLS&D -7- February 4, 1975 DO1 [941 9- C451 [741 1481 10- 1281 ~ [991 11. Agenda Bill #910 - Supplement #3. Swimming Pool. The City Manager reported the staff is seeking guidance from the Council regarding a 1ocati:on for the proposed swimming pool. Authorization for an appraisal of the property at the corner of Monroe and Chestnut was given by the Coun- cil and the City has expended the monies for that appraisal, however, there is no indica- tion, at this time, as to when the property might be available for sale. Following discussion by the Council, it was moved that the staff continue to negotiate with the property owners for the site located at the corner of Chestnut and Monroe. 12. Agenda Bill #3258 - Supplement #l. Negotiations for Plaza Camino Real Expansion. A motion was made that this matter be continuec to February 18, 1975, at which time a full Council will be present. ORDINANCES FOR ADOPTION: The reading of the text of the following Ord,inances was waived, by the unanimous con- sent of the Council: (a) Qenda Bill #3279. ORDINANCE NO. 1174, ZING AN .AMENDMENT TO THE CONTRACT BETWEEN THE TION OF THE CALIFORNIA PUBLIC EMPLOYEESb RETIREMENT SYSTEM, was given a second reading by title only and adopted. (b) Agenda Bill #3282. ORDINANCE NO. 1175, AMENDING S 1.12.01 0 OF THE CARLSBAD MUNICIPAL TION CONTAINING SIGNATURES OF REGISTERED VOTER% IN LIEU OF A CANDIDATE'S FILING FEE, was given a second reading by title only and adopted. AN ORDINANCE OF THE CITY OF CARLSBAD AUTHQR,I,c. CITY OF CARLSBAD AND THE BOARD OF ADMINISTRA-, CODE TO PROVIDE FOR THE SUBMISSION OF A PETI- CONSENT CALENDAR: I Councilman Chase requested that Agenda Bill #3297 re: Downtown Business District Action Commission be removed from the Consent Calen- dar and discussed at the next regular meeting. There was no objection and by common consent the matter was continued to the February 18, 1975 Council meeting. The following iteys were a proved by one motio af-Eirming the actions on t R e Consent Calendar, excluding Item D-1, Agenda Bill #3297. 1 A. Tentative Map Extension. I 1. Agenda Bill #2241 - Supplement #3. A one year extension on Tentative Map for Carlsbad Tract 73--36, El Camino Portals Units 2 and 3, was granted to February 5, 1976. (Standard Pacific Corporation). COUNCILME rm \p 0' 25 Motion 1 X Ayes ) Motion Ayes X 7 1 Motion Ayes b X X Motion Ayes Noes X X Motion Ayes xx - B 0 r &y OF CARLsaD -8- February 4, 1975 E991 c411 11- c691 E1041 c781 c1101 c761 C741 B. Final Map Approval. I 1. Agenda Bill #3144 - Supplement #1. Approval was given the Final Map for Carlsbad I Tract #74-8, for development of-a subdivision located at the southeast intersection of Valley St. and Oak Avenue. (S.L. & B. Service Corp.) C. Claim Against the City. denying a claim against the City of Carlsbad, was adopted by title only. I (Claimant: David 1. Agenda Bill #3296. RESOLUTION NO. 3593 L. Haines). I ADDITIONAL BUSINESS: I A. City Council. I 1. Agenda Bill #3298. Appointment to Parks and Recreation Commission. I This matter was discussed at an Executive Session and it was announced Mr. Don Egermayer was appointed to the Parks and Recreation Commission. (SEE Page 3 for adoption of Resolution No. 3595, appointing member). Joint CPO-Council Meeting - Transporta- tion Plan. Mayor Frazee reported that CPO would be holdincl a meetincl on Reclional Trans- portation at Vacation Viliage 0n"February 10th Discussion was held regarding the possibility of a Joint Meeting with CPO regarding this matter and it was suggested that a dinner meeting be scheduled with February 13, 1975 as a tentative date. Skateboard Complaints. Councilman Lewis stated a number of complaints have been re- ceived by him from residents regarding skate- boards on Chestnut. He expressed the hope that the Police Department was aware of the problems created by people on skateboards. Joint Meeting - CMWD. Councilman Chase stated CMWD has requested a Joint Meeting with the City Council to discuss the CMWD bond issu which is forthcoming. A tentative date of February 25, 1975, was discussed. Joint Meeting - Planning Commission. Councilman Chase reminded the Council that the Planning Commission had previously request ed joint meetings with the Council and members of the Council and Planning Commission were to submit priority items for discussion. Labor Relations Meeting. Mayor Frazee stated he and Vice-Mayor Chase will be attend- ing the League Conference on Labor Relations in San Francisco, the 5th, 6th & 7th of Febru- ary. He requested Council authorization for expenditures of the trip. It was moved that expenditures be approved for two members of the City Council to attend the I League Seminar in San Francisco on Labor Relat. COUNCILME 70 1,y 0' 26 ? I ~ Motion I Ayes 1 i x: ions . c h Y OF CARLS&D -9- February 4, 1975 m -~ ~ B 0 ~051 Dl41 [IO51 Econ,o'mi.c. Dev'elopment Administration Grant Applica'tion. Councilman Skotnicki raised a question with reqard to the handling of an application for grant funds submitted by the staff directly to the Economi'c Development Administration. He inquired if there was any- thing that would prohibit the City Manager fro polling the Council when a decision has to be made by the staff between Council meetings on important issues so that Council in-put can be lnlcuded in arriving at the decisions. The City Manager explained the circumstances under which the application was submitted and stated the Economic Development Administration requested that applications be submitted on the spot at a meeting called by their adminis- tration, or at the latest, the next day. The staff, at that time, had to make a decision whether or not to submit an application for the grant. The City Manager stated it was recognized by the staff that the Council would have an opportunity to make changes if the grant application were considered by the Econo mic Development Administration. lr 9. City Manager. I Subdivision Ordinance. The City Manager stated due to the new Subdivision Map Act past in late 1974, the Subdivision Ordinance must be revised. The deadline for the adoptiol of revised subdivision ordinances '.is March 1, 1975. A rough draft should be presented to the City Council at the February 18, 1975 meeting for review and the staff may request that an urgency ordinance be adopted at the March 4, 1975 meeting in order to continue the processing of subdivision maps filed with the City, without interuption. n Housing and Community Development Act. The City Manager reported on the application submitted to the County for funds in connectiol with the Housing and Community Development Act He stated on January 29, 1975, the County Board of Supervisors requested the various cities to review what they had submitted and to either amend or reaffirm their previous action. The recommendation of the staff is that the City Council reaffirm the Housing and Community Development Act application as ori- ginally submitted and that a letter be written by the Mayor to the Chairman of the Board of Supervisors informing him of the Council's positian. It was moved that the City Council reaffirm the Housing and Community Development Act application as originally submitted and that a letter be written by the Mayor to the Chair- man of the Board of Supervisors informing him of the Council's action. COUNCILME ro! 27 11 Motion i Ayes XI c fr Y OF CARLS&D COUNCILME f@ -1 0- \! February 4, 1975 28 I 11- RATIFICATION OF THE BILLS AND PAYROLL: Ratification was given the payment of bills in approved by the Auditing Committee. as certified by the Director of Finance and period January 13, 1975 thru January 26, 1975, xx Ayes the total amount of $1,521,148.29, for the Motion Ratification of the payroll was given, in the Motion amount of $104,889.47, for the period January Ayes X 1 13, 1975 thru January 26, 1975, as certified by the Director of Finance and approved by the Auditing Committee. B [341 Chamber of Commerce. Mayor Frazee stated he x Motion had audited the bills for the Chamber of Commerce and found them to be true and correct to the best of his knowledge. He recommended reimbursement to the Chamber in the amount of $2,227.32. Ayes xx 12- ADJOURNMENT: By proper motion, the meeting was adjourned at 6:OO P.M. xx Ayes at 11:15 P.M. to Thursday, February 13, 1975 X Mot i on Respectful ly submitted , MARGA (7" ET E. ADAMS, City Clerk Nora K. Gardiner, Recording Secretary f dfgL&,l D