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HomeMy WebLinkAbout1975-02-18; City Council; MinutesT - 0 0 CITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: February 18, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers .r 1- ROLL CALL: 2- INVOCATION was offered by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: (a) Minutes of the regular meeting held Febru- ary 4, 1975 were discussed and approval of the minutes was continued to the regular meeting of March 4, 1975. 5- ADMINISTERING OATHOF OFFICE TO NEW COUNCILPERSOP [37] The City Clerk administered the Oath of Office to Mary H. Casler, the newly appointed Council- person, who will fill the vacant Council seat created by the resignation of Glenn E. McComas. 6- CITY COUNCIL COMMITTEE REPORTS: There were no reports given at this time. 7- HOUSING AUTHORITY: [lo51 The City Council adjourned to the Housing Authority at 7:12 P.M. and reconvened at 7:39 P.M., with all Councilmen present. 8- PUBLIC HEARINGS: The Mdyor declared the Public Hearings open at 7:40 P.M. [57] (a) Agenda Bill #3283. To consider the Geolo- gic and Seismic Safety Element of the General P1 an. No one wished to be heard and the Mayor suggest- ed this matter be discussed at an adjourned workshop meeting. A motion was made that the Public Hearing be continued to February 24, 1975 at 5:OO P.M. in the Council Chambers. [1131 (b) Agenda Bill #3299. To consider a Zone Change (ZC-150) from RD-M to R-1-7500 on proper- ty known as Spinnaker Hills and located on the east side of Lagoon Lane between Poinsettia Lane and Batiquitos Lagoon. The Planning Director gave a staff report and exhibited transparencies of the location of the proposed zoning. Mr. Bob Alle-n., 7670 Clairmont Mesa Boulevard, San Diego, representing the owner, stated they were in, agreement with the staff recommendation and he would be available if the Council had any questions. No one else wished to be heard and the Public Hearing was closed. Following discussion, a motion was made that the City Attorney be instructed to prepare the documents necessary for approval of ZC #150. I J COUNCILME \y r CCI 32 Present 1 X Mot i on Ayes ~ ~ I I Motion Ayes xx: I xx ? - 0 e CITY OF CARLSBAD -2- February 18, 1975 C991 Questions were raised by the Council and answere by the Planning Director with regard to Condi- tionsr#10 and 14, regarding slopes. The Planning Director explained these were imposed to insure erosion control. Also discussed was Condition 1 ~1131 - I The Planning Director stated the second part of the request by Rancho La Costa is for approval of an amended Tentative Map. He stated the two major revisions are a reduction in units from 333 to 307 units and an alteration in the street configuration. Also the tentative map revision contemplates phasing the development. A map and transparency was exhibited for review. #16. 1 'The property owner's representative, Mr. Bob Al'len., stated they were not aware of the exist- tence of Condition #10 as part of the conditions of approval and that the condition did not appea in the staff recommendations to the Planning Commission. The Planning Director stated the condition was imposed by the Planning Commission at their public hearing on this matter and was added into the Planning Commission Resolution as a condition of approval. It was moved that Condition #10 be amended to allow the City Engineer and the Developer to arrive at a mutual agreement regarding the plan- ning of the slope areas in accordance with the standard slope provisions that now exist in city ordinances. r I A motion was made that the City Attorney be in- structed to prepare the documents necessary for approval of the Tentative Map for CT 73-39AY as amended. (c) Agenda Bill #3300. To consider an amendment to Specific Plans (SP-141 and SP-146) to allow phasing of development of a shopping center. Applicant: Azalea, Inc. (John W. Bartman) I A staff report was given by the Planning Direc- tor who referred to a graphic and transparency which were displayed. He stated the recommenda- tion of the Planning Commission was for approval of the Specific Plan. Bernie Svalstad, Hagan Development Corp., re- presenting the applicant, stated they were satis fied with the staff's review and stated further he would be available for questions by the Counci 1. The Mayor declared the Public Hearing closed at 8:56, since no one else wished to be heard. Discussion ensued by the Council regarding Con- dition #27 of Planning Commission Resolution No. 1128. Also discussion was held regarding the proper vehicle for architectural control. A motion was made that the City Attorney be instructed to prepare the documents necessary COUNCILME Motion XI Ayes 1 X Noes Motion Ayes Noes xx: - 0 0 CITY OF CARLSBAD COUNCIL w A ,-d- February 18, 1975 ~~ ~ for approval of SP-146 per those conditions approved by the Planning Commission with the exception of a change in the wording of the last sentence of Condition #27, to read: Build- ing elevations shall be submitted to the Plannin Director for consideration and comment prior to any devel opment. " A new motion was offered that the City Attorney be dlrected to prepare the documents necessary for approval of the Specific Plan amendment (SP-146A) as approved by the Planning Commission Resolution No. 1128. [43] d) Agenda Bill #3301. To consider an appeal of the decision of the Planning Commission in approving a Conditional Use Permit (CUP-103) to allow construction of a church and related facilities on property addressed as 2675 High- land Drive. (Nazarene Church) Appellant: Joe A. Martin. The Planning Director gave a staff report and stated the Conditional Use Permit is a request for renewal of a CUP which was granted and has expired. Those speaking in opposition to the request for a Conditional Use Permit (CUP) were: Appellant, Mr. Joe A. MARTIN, 2635 Highland Dr., Carlsbad whose opposition was due to the fact that the conditions of the original CUP were repeatedly violated and he also reiterated a number of rea- sons which were contained in his letter of appea Mrs. Joseph COMPTON, 2715 Morning Glory Lane was opposed on the basis that the parking was not adequate. Mr. Larry ROHLOFF, Civil Engineer, representing the applicant, answered comments made by Mr. MARTIN. Again, Mr. MARTIN spoke in rebuttal to Mr. Rohloff 's statements. Since no one else wished to be heard, the Public Hearing was closed at 9:47 P.M. Following discussion by the Council, a motion was made that the Council deny the appeal and the City Attorney be directed to prepare the documents necessary to deny the appeal and approve the request for a Conditional Use Permit RECESS: Mayor Frazee called a recess at10:OO PM ande meeting was reconvened at 10:22 P.M. wit all Councilmen present. DEPARTMENTAL REPORTS: A. Planning. C431 1. Agenda Bill #3254 - Supplement#2. Grant ing the Appeal and denying the Conditional Use Permit (CUP-80A) for construction of a church and related facilities located on the north sidt of Oak Ave. between Pi0 Pic0 Dr. and Highland Dr (Ebenezer Church) Appellant: Charles &Marie Nisse The Planning Director reported this matter was being returned to the City Council for formal adoption of the document. I C I 2 r 34- Motion Ayes Noes Abstair (Motion failed Motion Ayes Abstain Moti 01 Ayes Abstail X X X .ME F 3 D x: x: X CITY OF CARLSBAD COUNCILME - 0 0 -4- February 15, 1975 - A motion was made that the following Resolution be adopted: RESOLUTION NO. 3597, granting an appeal of a Planning Commission decision and denying Condi- tional Use Permit (CUP 80-A) for the Ebenezer Church, was adopted by title only and with the unanimous consent of the Council, further read- ing was waived. [lo81 2. Agenda Bill #3264. Appeal of the deci- sion of the Planning Commission'in :denying a variance for a panhandle lot, located at 4145 Sunnyhill Drive. Appellant: Clarence Hall (Walter Gierszowisc) The Mayor announced receipt of a letter from the appellant requesting a continuance due.to a death in the family. The City Attorney point- ed out that this matter had been discussed pre- viously and all that was necessary at this time was a decision. The City Manager suggested that the matter be renoticed for public hearing since there appeared to be some confusion and some of the people who have signed the petition have since indicated they did not understand the fact E It was moved that a new public hearing date be set for this appeal at the earliest possible date. I [991 3. Agenda Bill #3284. Request for approval of a Tentative Map for Carlsbad Tract 74-22, for I a 6-lot subdivision to allow phasing in construc tion. Applicant: Larry D. Hunts (Papagayo) I A staff report was given by the Planning Direc- tor who informed the Council that the Planning Commission Resolution is in error in title. He then explained that the Planning Commission had requested that lots 4 and 5 be consolidated, thus making a 5-lot subdivision. Following brief discussion a, comment was. made by Councilman Chase that he would prefer to abstaln fromvoting since he is a neighbor to the propos- ed development. A motion was made that the City Attorney be di- rected to prepare the documents necessary for approval of the Tentative Map for Carlsbad Tract 74-22, as outlined in Planning Commission Resolu tion No. 1124. [991 4. Agenda Bill #3302. Request for approval of Tentative Map .'(CT 74-23) for an 8-lot sub- division on 2.36 acres. Applicant: Michael Straut The Mayor announced that a request had been made for a continuance of this matter. It was moved that the tl?i.s matter be continued to the regular meeting of March 4, 1975. b. Mot i on Ayes Noes xx: ~ Motion xx ~ Ayes X Abstainec - Motion Ayes xx - 0 0 CITY OF CARLSBAD -5- February 18,5 1975 - c961 C451 E643 : c83 1 C991 1451 B. Public Works. 1. Agenda Bill #2204 - Supplement #l. Amend- ment to Agreement between City and County for Traffic Signal maintenance at El Camino Real and La Costa Avenue. A brief staff report was given by the Public Works Administrator and the following Resolution was offered for adoption: RESOLUTION NO. 3598, approving second amendment to Agreement between the City of Carlsbad and San Diego County for the installation of a traffi: signal at the intersection of La Costa Avenueand El Camino Real and authorizing the Mayor to exe- cute said agreement, was adopted by title only after the reading of the resolution was waived by unanimous consent of the Council. 2. Agenda Bill #3135 - Supplement #2. Under ground Utility District No. 5. t Following a report given by the Public Works Administrator, a motion was made to adopt the following Resolution: RESOLUTION NO. 3599, setting the time to be ready to connect to underground electric system in Underground Utility District No. 5, was adopted by title only after reading of the resolution was waived by unanimous consent of the Council. 3. Agenda Bill #3303. Prevailing Wage Rates. The Public Works Administrator reported this matter is being presented to allow compliance with the requirements of the Labor Code of Cali- fornia for contracts involving public works, and the following Resolution was offered for adoptior RESOLUTION NO. 3600, specifying the General Pre- vailing Wage Rates as required in Public Works Projects, was adopted by title only after readin; of the resolution was waived by unanimous consen: of the Council. 4. Agenda Bill #3287. Lakeshore Gardens Mobile Home Park Aqreement with Sequoia Pacific, I substituting cash deposit in lieu of median land scaping. (CT 71-2). (Avenida Encinas Median) An explanation of this matter was given by the Public Works Director and discussion by the Council ensued. The following Resolution was offered for adoption: RESOLUTION NO. 3585, approving an agreement be- tween the City of Carlsbad and Sequoia Pacific ' :I Realco for acceptance of cash in lieu of median landscaping, and authorizing the Mayor toexecute said agreement, was adopted by title only after reading of the resolution was waived by unanimou consent of the Council. COUNCILME Motion Ayes XXI Motion Ayes xx: ! Motion Ayes xx p CITY OF CARLSBAD -6- February 18, 1975 - r67 5. ligenda Bill #3304. Revised Subdivision [99] Ordinance. Following brief discussion, it was the concensus of the Council that this matter be continued to an adjourned Council meeting. C. - City Manager. [941 1. Agenda Bill #3258 - Supplement #l. Negotiations for Plaza Camino Real Expansion. I Following a report by the City Manager that no response had been received with regard to the City's applications to the Economic Development Administration for funding, a motion was made that this matter be filed. c631 2. Agenda Bill #3293. Additional Lighting for Library Parking Lot. I The City Manager stated that for reasons outlin- ed in the Agenda Bill, the staff is suggesting that this request be granted as it was originally presented. The following Resolution was offered for adoption: RESOLUTION NO. 3590, amending the Budget for the Library to approve $2,401 for installation of lighting in the Library Parking Lot was adopt. ed by title only after reading of the resolution was waived by the unanimous consent of the Counci' 3. Agenda Bill #3305. Revising the provi- !;GI sions for removal of abandoned vehicles. I A staff report was given by the City Manager and Council discussion ensued. I By minute motion, the reading of the text of all ordinances was waived. I ORDINANCE NO. 3101, AMENDING CHAPTER 10.52 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE PRO- I VISIONS FOR THE REMOVAL OF ABANDONED VEHICLES, was introduced for a first reading. [31 I 4. Agenda Bill #3306. Request to operate patrol service by Area Wide Security. Following a report by the City Manager, a motion was made that the City Clerk be authorized to issue a business license to Area Wide Security. 10- ORDINANCES FOR ADOPTION: [707 (a) Agenda Bill#3295. ORDINANCE NO. 9416, AMENDING TITLE 20, CHAPTER 20.28 OF THE CARLSBAD I MUNICIPAL CODE BY-THE ADDITION OF SECTION 20.28.110 TO PROVIDE AN ALTERNATIVE PROCEDURE FOR THE DEDICATION OF PARK LAND FOR SUBDIVISIONS DEVELOPED IN THE PLANNED COMMUNITY ZONE, was presented for a second reading and adopted. COUNCILMEN u Motion Ayes XXX) Motion XXX) Ayes X 1. Motion xxx> Ayes Motion XXXI Ayes X Motion XXX) Ayes ) Motion XXXI Ayes I CITY OF CARLSBAD February 18, 1975 -7- 7 0 0 ~251 11- -tW P91 C991 12- [911 (b OR TO TE - ) Agenda Bill #3045 - Supplement #l. .DINANCE NO. 1176, APPROVING THE ANNEXATION THE CITY OF CARLSBAD OF CERTAIN UNINHABITED RRITORY HEREINAFTER DESCRIBED AND DESIGNATING THE SAME AS THE "SOUTH CARLSBAD ANNEXATION NO. 1.18". (Pacesetter Homes, Inc.), was presented for a second reading and adopted. CONSENT CALENDAR: I The City Manager requested that item 11-A-1, Final Map Approval (AB#2219j) be removed from the Consent Calendar. By common consent, it was agreed the item be removed. The following item was approved by one motion affirming the action on the Consent Calendar: B. Future Improvement Agreement. I 1 . Agenda Bill #3307. RESOLUTION NO. 3601, approving an agreement between the City of Carls I bad and Robert-L. Watson for a Future Street Im- provement Agreement on Oak Avenue and authorizin! the Mayor to execute said agreement, was adopted by title only after reading of the resolution was waived by unanimous consent of the Council. ITEM REMOVED FROM CONSENT CALENDAR: A. Final Map Approval. 1. Agenda Bill #2219 - Supplement #3. Approval of a Final Map for Carlsbad Tract 73-23 I for development of a 100 lot subdivision located east of Lowder Lane (Paseo del Norte) between Poinsettia Lane and Camino de las Ondes. Applicant: Hester Development Co. The City Manager stated certain wording was omitted which should be added. !He suggested the words "subject to receipt of bonds, fees and agreement within fifteen (15) days" be included as part of approval. A motion was made that the Final Map for Carls- bad Tract 73-23 be approved as modified by the City Manager. ADDITIONAL BUSINESS: A. City Council. I 1. Auditorium/Stadium. Councilman Chase referred to a memorandum regarding construction I of an auditorium. Brief discussion was held and a motion was made that the Carlsbad City Council notify the Mira Costa Foundation that the City is willing to accept the Mira Costa College site as-a potentia.1 awditorium/stadium, COUNCILME 3 b \fi SG P Motion Ayes XX) Motion Ayes xxx Motion Ayes xx: ~ Mot i on Ayes xx CITY OF CARLSBAD COUNCILME - 0 e -8- February 18, 1975 I341 C621 C621 ~1041 E351 I281 C631 C281 1931 [281 ~~_~_~ 2. Labor Relations Meeting. Mayor Frazee announced Councilman Chase has a written report on the Labor Relations Meeting in San Francisco which they both attended. Councilman Chase gave a brief report on this meeting with comments interjected by the Mayor. The City Manager read certain material .from the League Bul?.efiti in connection with SB 275 (the DILL'S BILL). He urged the Council to notify State Senators in opposition to this Bill as it is presented and discussed some portions of the Bill which should be opposed. He recommended, for reasons outline in the League Bulletin, that the City Council take some stand on this matter. ~ ( It was moved that the City Council go on record in opposition to the now proposed DILL BILL and that the staff be instructed to telegram each of the legislative representatives of that position. 3. Senate Bill 101 (MILL'S BILL) Mayor Frazee stated SB 101 is the Transportation Bill I and the primary objection to it is the setting up of a Transit Development Board in three coun- ties,' which would take away local control. A motion was made that the Council oppose the MILL'S BILL (SB 101) in its present form and that the Mayor represent the City of Carlsbad. B. City Attorney. 1. Meeting with B0ar.d of Supervisors. The I City Attorney reported he attended a meeting with the Board of Supervisors at the direction of the City Council and will be meeting with them again. He had no further report. C. City Manager. 1 . LAFCO Advisory Commi ttee. The City Manager pointe'd out the need for a representative from the Council to attend the Lafco AdvisoryCornmi,ttd A motion was made that Mrs. Casler represent the City Council on the Lafco Advisory Committee. 2. Council Liaison appointment to Library Board of Trustees and Bicentennial Committee. I Mayor Frazee announced the appointment of Mary Casler as dhe liason for the Library Board of Trustees and the Bicentennial Committee. 3. Sewer Study. The City Manager stated he would like a member of the City Council to attend meetings on the sewer study with the staff. Councilman Chase volunteered to attend these meetings and it was agreed by the Council. 4. Committee for Senior Citizen's Affairs. The City Manager reported Mr. Huking, Chairman of the Committee for Senior Citizen's Affairs would like to have some informal meetings with some members of the Council. He stated he was in agreement with Mr. Huking that these meeting: would be helpful. The Committee on Senior > Motion Ayes xxx Motion Ayes XXI e. Mot i on Aye s xx> CITY OF CARLSBAD COUNCILME - 0 0 " -9- 1 February 18, 1975 ~ ~~ .. Citir$n's.Affairs needs direction from the Counci 1 . It was agreed that Mayor Frazee and Mrs. Casler' attend these informal meetings with the Committee on Senior Citizen's Affairs. 3'11 5. Requests to operate Patrol Service. The City Manager reported at the present time, per- mi'ssion to operate a patrol service in the City must be granted by the City Council. He propos- ed that these requests be handled on an Adminis- trative level by the Police Department. No ob- jection was raised by the Council and the City Manager stated an Ordinance will be prepared in the near future for Council review and consider- ation. 11- RATIFICATION OF BILLS AND PAYROLL: Ratification was given payment of the Bills for the General Expenses of the City: City Opera- tions in the amount of $88,460.08; Water Opera- tions in the amount of $3,334.24; Investments in the amount of $450,000; Net Payroll in the amount of $70,420.12 for a Net Total of $612,214.41 for the period January 27, 1975 thru February 9, 1975, as certified by the Director of Finance and approved by the Auditing Committee. Ratification was given payment of the Payroll in the amount of $107,528.72 for the period January 27, 1975 thru February 9, 1975, as certi fied by the Director of Finance and approved by the Auditing Committee. E341 Chamber of Commerce. Mayor Frazee stated he 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 bill s in the amount of $2,832.77 be reimbursed thechamber L741 EXECUTIVE SESSION: The Mayor called for an Exe- cutive Session at 11:55 P.M. for the purpose of discussing personnel; specifically to instruct city negotiators on wage negotiations. The meel ing reconvened, with all Councilmen present, at 12:20 A.M. and the Mayor announced the purpose of the Executive Session was to instruct negoti- ators in the forthcoming wage negotiations. No action was taken. 12- ADJOURNEMENT: By proper motion, the meeting was adjourned at 12:22 A.M., to Monday, February 24, 1975, at 5:OO P.M., in the Council Chambers Respectfully submitted, ~ '~'.-~$+&&&,& f@L4& MAR.GAR/ET E. ADAMS, City Clerk Nora g. Gardiner, Recording Secretary r ! !I I Motion Ayes XXX , Motion Ayes XX) Motion xx: Ayes X Motion Ayes xx