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HomeMy WebLinkAbout1975-03-04; City Council; MinutesCITY OF CARLSBAD Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 4, 1975 , Time of Meeting: 7 : 00 P . M. Place of Meeting: CourLci.1 Chambers 1- ROLL CALL: 2- INVOCATION was offered by Mayor Frazee. 3- PLEDGE OF ALLEGIANCE was given. 4- APPROVAL OF MINUTES: 8 The following Minutes were approved as present ed by one motion: (a) Minutes of the Regular Meeting held Febru ary 4, 1975. [b) Minutes of the Special Meeting held Febru ary 10, 1975. (c) Minutes of the Adjourned Regular Meeting held February 13, 1975. (d) Minutes of the Regular Meeting held Febru ary 18, 1975. (e) Minutes of the Adjourned Regular Meeting held February 24, 1975. I 5- COMMITTEE REPORTS: 0 (a) Commitee on Senior Citizen's Affairs and I'81 MayoY's Youth Committee. Councilwoman Casler reported on a meeting she and Mayor'Frazee attended with the Chairman of the Committee on Senior Citizen's Affairs. Councilman Lewis reported on efforts to re-establish the Mayor' Youth Committee. I6 I3 ,'I (b) Mayor's and Manager's Meeting -re: SB 10' 041 (Mill's Bill. Councilman Chase reported on a meeting he attended with Mayor Frazee concern- ing the proposed formation of a San Diego Tran sit Development Board. At the meeting, repre- sentatives from each of the North San Diego County cities were present as well as Mr. Rich; Huff,of 'CPO and Mr. Howard Tipton of the Offic of Intergovernmental Relations. As a result of the discussions, the representatives present from each of the cities adopted seven motions which are contained in the letter signed by J. Wayne Dernetz, City Manager of Del Mar and addressed to all Mayors and Managers of the six North County cities, dated February 28, I 1975. Each representative was asked to report to their City Council the seven motions made ~ at the Mayors and Managers meeting for confirm tion and report back to the City Manager of i Del Mar the position taken by the City Council on the seven motions passed, so that the posi- tions of each Council will be available for th meeting scheduled with Senator Mills on March 7, 1975. Councilman Chase recommended that the CaPlsbad City Council confirm the seven motions adopted at the Mayors and Managers meeting. A motion was made that the recommendation of Councilman Chase be adopted. w - - - - S L - fr e a. e COUNCILME d ~ 1 Motion Ayes XXI 0 CITY OF CARLSBAD -2- March 4, 1975 [22] (b) Director's Meeting of CPO - Lindbergh - Field - Regional Airport. Mayor Frazee report- ed on the Di-rector's Meeting of the CPO and re- quested the matter of a Regional Airport be placed on the next agenda so that the Council can give him some direction on this matter. The Mayor further reported on the Master Develo ment Plan for Palomar Airport, and stated that a Public Hearing will be held in Carlsbad re- garding this matter. I' 6- HOUSING AUTHORITY: I [lo51 The Council adjourned to the Housing Authority at 7:21 P.M. and reconvened at 7:23 P.M., with all Councilmen present. [53] CABLE TELEVISION. Mayor Frazee announced a re- quest had been made by Mr. Shelrwood Roberts, Carlsbad Cable TV, to be heard by the Council. The Council heard from Mr. Roberts who request- ed the adoption of a Cablevision Ordinance for the City of Carlsbad. Mr. Roberts was informed that there are a num- ber of other priority items .which must be com- pleted and the City Manager reported that there was a possibility that the proposed draft or- dinance for cable television could be presented to the Council in approximately 45 days but that other priority areas might delay the pre- sentation of the draft ordinance beyond that time. PUBLIC HEARINGS: I The Hour of 7:30 P.M. having arrived, the Mayo declared the Public Hearings open. I [57] (a) Agenda Bill #3283. Approval of the Geolo gic and Seismic Safety Element of the General P1 an. 1 It was the concensus of the Council that a L workshop session be held regarding this matter. I There was no one in the audience who wished to be heard and a motion was made that the Public Hearing on Geologic and Seismic Safety Element of the General Plan be continued to an adjourn ed meeting to be held Monday, March 10, 1975 at 5:OO P.M. in the Council Chambers. I [loll (b) Agenda Bill #3292. To consider applica- tions submitted by Encinitas Yellow Cab CompanJ Mesa Taxi Company and Oceanside Yellow Cab Company, for a Certificate of Convenience and Necessity to operate taxicab service in the City of Carlsbad. The City Manager reported on this matter and stated it was the recommendation of the staff that the City Council grant a Certificate of Convenience and necessity to each of the cab companies by referring the matter to the City Attorney for preparation of the documents, wit1 the following conditions: COUNCILME1 - f- 43 Moti Ayes on X xx: - 0 0 CITY OF CARLSBAD -3- March 4, 1975 1) Time limit on franchise is to be one year initially, with two one year extensions to be granted by the City Council. This would be by minute action with no public hearing required. 2) The City shall have the right to inspect all vehicles at any time to determine if they are in safe operable condition. 3) Companies may use only those vehicles which have been listed and are on file with the City Clerk as part of the application, or as latter submitted and approved by the City Manager. 4) Certificates of Insurance in the amount of $100,000/$300,000 are to be on file with the City Clerk. 1 The following persons were heard by the Council I MR. JOHN SINONELLI, Encinitas Yellow Cab and MR. ROBERT HALL, Mesa Cab Company. A1 so heard was MR. BILL HILTON, 3837 Shirley Place, La Mesa, representing Oceanside Yellow Cab. Mr. Hill referred to Rules & Regulations, Section 12, Paragraph 12 which requires that every taxi cab shall be, at all times, equipped with a standard fire extinguisher in good working ordc He requested that consideration be given the waiving of this requirement. : The Public Hearing was closed at 7:40 P.M., and the City Manager stated that the requirement for fire extinguishers in taxi cabs is part of the Municipal Code and could not be waived but could be deleted by means of an amendment to the Ordinance if the Council desired to do so. A motion was made that the City Attorney be instructed to prepare the documents necessary to grant a Cektificate of Convenience and Nece ity to all three taxi companies to operate in the City of Carlsbad and that the four recom- mendations of the City Manager as stated above be incorporated in those documents. S [43] (c) benda Bill #3308. Eugene Chappee - Amendment to Conditional Use Permit (CUP .64). The City Manager stated recent information has been brought to the staff's attention which raises a question about Mr. Chappee's negotia- ti.ations with the property owner from whom he was attempting to obtain an easement for water line and hydrant purposes, and whether he can obtain one under reasonable conditions. The staff has attempted to contact the owner of the easement to ask him specifically whether an easement can be obtained and exactly what the fee would be. The staff is suggesting that the matter be con tinued for a reasonable period of time to allo time for a response from the property owner of the easement. 1 COUNCILME P Motion Ayes xxx S- CITY OF CARLSBAD COUNCILME 7 0 0 - -4- March 4, 1975 - ~ ~~~~~ ~~~ ~~~ ~~ There was no one who wished to be heard at this time. A motion was made that the Public Hearing be continued, as recommended by the staff, for a period of two weeks. [113] (d) Agenda Bill #3309. To consider an appeal of the decision of the Planning Commission in denying a request for a zone change (ZC-157) from C-2 to R-P on property addressed as 334 Cedar Avenue and Carl sbad Boulevard. (McClelland) A staff report was given by the Planning Direc- tor and the following persons were heard by the Council: MR. ROBERT SNYDER, 24592 Overlake Drive, El Toro, Calif., representing Dhe applicants. Mr. Syyder presented an archetype of the proposed plan for development of the property and urged favorable approval by the Council. :Also heard was MR. JAMES 0. SNYDER, Vista, Calif., one of the applicants of the proposed project. No one else wished to be heard and the Mayor declared the Public Hearing closed. Lengthy discussion ensued by bhe Council and a motion was.made that the appeal for R-P zon- ing be granted and the matter returned to the Planning Commission for report. The Mayor had stated prior to the voting on thc above motion that he would vote in opposition to it without prejudice. The motion failed for lack of a majority and the following motion was made: By motion, the staff was instructed to draw the documents necessary to deny-the appeal of the decision of the Planning Commission, cjith- out prejudice, for the following reasons, as outlined in Planning Commission Resolution No. 11 34: 1) The property is withi.n the downtown special study area, which has just recen. ly been initiated. At this time, there- fore, the City has had no opportunity to determine future land use for the subjec, property. Furthermore, the area along Carlsbad Boulevard north of Elm is in an area of transition and not characterized by any particular land use group. This makes it difficult to determine at this time what the future land use patterns should be. 2) The rezoning of this property would leave islands of commercial zoning at either end of the block. The proper method of rezoning this central property would be to rezone the entire block fron age or at least the subject property and the property to the north. I 2 t. t t 'i .45 Motion Ayes Motion Ayes Noes (Motion failed Motion Ayes Noes - I- ) fi am+ 'm t-cc, 76 1 XX) 1 xx X xx I - 0 0 c CITY OF CARLSBAD March 4, 1975 -5- 3. Denial without prejudice allows the applicant to resubmit at a later datewh? the City can give firmer direction on the future land use in this area. I RECESS: Mayor Frazee called for a recess at 8:40 P.M. and announced an Executive Session would immediately follow the recess. THE PUR- POSE of the Executive Session, it was announce was to discuss the appointment and vacancy on the Planning Commission and to discuss with Ci,ty negotiatorsin considering salary negotia- tions. EXECUTIVE SESSION: The Executive Session con- vened at 8:50 P.M., for the reason stated abov and the meeting reconvened at 9:50 P.M., with all Council members present. The Mayor stated the existing vacancy on the Planning Commissio was discussed andno action was taken. Also instructions were given the City negotiators in the continuing salary negotiations with Cit employees. d le In SY 8- DEPARTMENTAL REPORTS: I A. Planning. C991 1. Agenda Bill #3284 - Supplement #l. Approval of Tentative Map for Carlsbad Tract 74-22. Applicant: Larry D. Hunts (Papagayo) In accordance with the City Council's instruc- tion to the staff at the last meeting, this matter was being returned following the prepara. tion of the documents for Council action. RESOLUTION NO. 3602, approving with conditions Tentative Map (CT 74-22) to allow a 5-lot sub- I division on property located south of Chinqua- pin Avenue and north of the Agua Hedi.onda Lagoor between the AT & SF Railroad and 1-5, was adopt, ed by title only, and with the unanimous consen of the Council, further reading was waived. Prior to the vote being called, Councilman Chas stated he would prefer to abstain from voting on this matter since he is a neighbor to the proposed development. [I 131 2. Agenda Bill #3299 - Supplement #l. [99] Granting a zone change (ZC-150) from RD-M to R-1-7500 and approval of a Tentative Map for Carlsbad Tract 73-39A. Applicant: Donald Ayres (Rancho La Costa) This matter was being returned with the prepar- ed documents necessary for approval of the Zone Change and Tentative Map per the Council's instructions to the staff February 18, 1975. RESOLUTION NO 3603, announcing findings and decision regarding change of zone (ZC-150) fror RD-M to R-1-7500 on a 1 .5 acre parcel located on the east side of Lagoon Lane between Poin- settia Lane between Poinsettia Lane and the Batiquitos Lagoon, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. COUNCILME Motion Ayes Abstain xx - t ~ ~ Mo ti on Ayes xx: - rn c CITY OF CARLSBAD -6- March 4, 1975 ~~ A motion was made to waive the reading of the text of all Ordinances before the Council at this meeting. ORDINANCE NO. 9418, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING I MAP TO GRANT A CHANGE OF ZONE FROM RD-M TO R-1-7500 ON A 1.5 ACRE PARCEL LOCATED ON THE EAST SIDE OF LAGOON LANE BETWEEN POINSETTIA LANE AND THE BATIQUITOS LAGOON, was introduced for a first reading. - RESOLUTION NO. 3604, approving with conditions Tentative Map (CT 73-39 [A]) to allow a 307 lot I subdivision over 92.8 acres on property located on the east side of Lagoon Lane between Poin- settia Lane and the Batiquitos Lagoon. I ~1131 3. Agenda Bill ti3300 - Supplement #l. Adopting a Specific Plan (SP-146A) to allow shopping center project to be built in five phases. Applicant: Azalea, Inc. (John W.Bartm 1 The Planning Director presented a staff report and stated there were three conditions of the Ordinance which must be revised or deleted. He then reviewed these canditions and recommended certain changes be approved by the Council. Lengthy discussion ensued with regard to Condi tion #27 regarding "Hispanic Architecture". It was pointed out that the Planning Comrnissio did not feel the elevations presented to them were representative of "Hispanic Architect- ture". The City Manager stated a letter has been received by the staff from the applicant with regard to this matter. It was recognized by the Council that a more exact determination of what represents "Hispanic character" must be made, and the following Ordinance was pre- sented: - In I ORDINANCES NO. 9419, APPROVING AN AMENDMENT TO SPECIFIC PLAN (SP 746-A) TO ALLOW THE KELLY- KURLANDER-VANDERBERG SHOPPING CENTER PROJECT TO BE CONSTRUCTED IN FIVE PHASES ON PROPERTY XWEEN HAYMAR DRIVE AND MARRON ROAD, was intro- duced for a first reading, with the following corrections and deletions: LOCATED ON THE EAST SIDE OF EL CAMINO REAL BE- Paqe 1, Line 18 should read January 21 , 1975. Paqes 2 and 3, Condition #4, items a, b and - c in its entirety, should be deleted and sub- sequent conditions are to be renumbered. Page 4, Condition .#22, line 24 to read ''The lighting of all signs shall be accomplished in. C431 4. Agenda Bill #3301 - Supplement #l. Denying the appeal of the Planning Commission's approval of a Conditional Use Permit (CUP 103) to allow construction of Nazarene Church. Appellant: Joe A. Martin. COUNCILME n) Motion Ayes XXI ~- * * I ~ 0 CITY OF CARLSBAD March 4, 1975 -7- c As directed by the Council at the February 18, 1975, the staff has returned this matter with the documents necessary for approval of the Conditional Use Permit and denial of the appeal RESOLUTION NO. 3605, affirming the decision of the Planning Commission to grant a Conditional Use Permit (CUP 103) and denying appeal of Joe A. Martin, was adopted by title only and with the unanimous consent of the Council, further reading was waived. C991 5. Agenda Bill #3302. Request for approval of a Tentative Map, Carlsb'ad Tract 74-23, to develop an 8-lot subdivision on Park Drive and Magnolia Avenue. Applicant: Michael Straub. A staff report, whi.ch included a transparencyof the proposed development, was given by the Planning Director. He stated it was the re- commendation of the Planning Commission that the proposed project be approved. The City Manager called the Council's attention to con- dition #11 of Planning Commission Resolution No. 1133 and discussed the matter at length with the Council. Discussion was held by the Council and due consideration given the matter of the five palms trees on Monroe St. Mr. Micha Straub, developer of the property, was heard briefly and he presented his drawings of the proposed project. A motion was made that the Tentative Map for Carlsbad'Tract 74-23 be approved and that the City Attorney be instructed to prepare the doc1 ments necessary for approval of the Tentative Map based on Planning Commission Resolution No. 1133 with the deletion of Condition H11. E A- Stress was placed on the City's cooperation in assisting the developer to relocate the trees, and the City Manager stated the staff will make every effort to assist th.e developer in this matter. B. Pub1 ic Works. c92a 1. Agenda Bill #3310. Vista - Carlsbad sewage transmission system improvement and enlargement of Buena Vista and Agua Hedionda Pumping stations. The Public Works Administrator gave a staff report on this matter and reviewed the staff recommendations. A motion was made that the staff recommendatio be accepted and that certification be given the information contained in the Project and Environmental Report and the EIR of Vista Sani tation District, as lead agency, has been re- viewed and considered; also that it conforms to the requirements of the City's environmenta protection ordinance Title 19, and that subjec report be accepted. Further, that authoriza- I n! - 11 t COUNCILME B me v Motion xx> Ryes ) 1 Motion Ayes xxx ; Motion Ryes xxx - 0 I) I CITY OF CARLSBAD -8- March 4, 1975 I (AB#3310 cont.) tion be given the Vista Sanita- tion District to direct the consultant to pre- pare plans and specifications for the modifica- tions and enlargement of the Buena Vista Pump Station and the construction of a parallel forc main as recommended in the project report and referred to as Phase I improvements to the Buen, Vista Pumping Station, and that the staff be directed to meet with the Vista Sanitation Dis- trict staff to negotiate additional sewage ca- pacity for the City in Unit By either by pur- chase, lease or additional construction. a E991 2. Agenda Bill #3304. Complete revision of subdivision ordinance. I By concensus of the Council, it was agreed this matter be continued to an adjourned regular meeting to be discussed in a workshop session. C. City Manager. E81 I 1. Agenda Bill #3240 - Supplement #2. Pro- E511 posed Fire Station No. 3 - appraisal of lots 24 thru 29 - Chestnut Heights. Following a report given by the City Manager and a request for an additional $500.00 to de- termine unit price of the six lots, a motion was made that authorization be given the staff to employ Mr. Gerald Kibbey, M.A.I. to apprais lots 24 thru 29 of Chestnut Heights for a fee of $1,500 up to a maximum of $2,000, as recom- mended by the staff. e c841 2. Agenda Bill #3275 - Supplement #l . Pur- E781 Ghase of Police Patrol Vehicles and Transporta- tion Vehicles for Juvenile Diversion and Burg- lary Prevention units. The City Manager reported on this matter and the following Resolution was adopted: RESOLUTION NO. 3606, accepting bids, authoriz- ing the execution of contracts and authorizing funds for the purchase of vehicles, was adopted and with the unanimous consent of the Council, further reading was waived. Bids were awarded to Weslough Chevrolet, 114 South Hill, Oceanside, Calif. for the purchase of seven Police Patrol vehicles at a total cos of $25,731.17 and the purchase of one Four Doo Sedan at a total cost of $4,350.34. Also, a bid was awarded to Ricker Motors, 11217 E. Whittier, Whittier, Calif. for the purchase of one Station Wagon at a total cost of $4,187.00 t r El101 3. Agenda Bill #3289 - Supplement #l. E811 Material and Labor to install chain link fencin I " at Mission Road property. Following a staff report by the City Manager, Resolution No. 3596 was presented: COUNCILME Motion Ahstain XXI Ayes X Motion Ayes xxr g - I) B I CITY OF CARLSBAD COUNCILME1 -9- March 4, 1975 50 RESOLUTION NO. 3596, rejecting all bids receiv- ed for chain link fencing, was adopted by title only and with the unanimous consent of the Coun' cil, further reading was waived. C841 4. Agenda Bill 83290 - Supplement #l. Pur- chase of three 2-ton Dump Trucks. I The City Manager reported this bid was awarded to Weseloh Chevrolet on February 4, 1975 but for reasons outlined in the Agenda Bill, Weselo Chevrolet is unable to fulfill its commitment. The staff recommendation is that the bid be awarded to Dixon Ford, the second lowest bidder - RESOLUTION NO. 3607, rescinding a contract awarc ed to Weseloh Chevrolet and accepting a bid and authorizing the execution of a contract for the purchase of dump trucks, was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived. The bid was awarded to Dixon Ford, 5555 Plaza Del Norte, Carlsbad, California for the purchas: of three 2-ton Dump Trucks, Model F600, for the total cost of $28,194.59. L-281 . Agenda Bill #3297. Abandonment of Carls- bad Business Downtown Action Commission. The City Manager read a letter from Mr. Harry Truax, Chairman of the CBDAC and the following Resolution was presented: RESOLUTION NO. 3594, disbanding the Carlsbad Business Downtown Action Commission, was adopt -I ed by title only and with the unanimous consent of the Council, further reading was waived. 9- ORDINANCES FOR ADOPTION: C671 (a) Agenda Bill #3305. ORDINANCE NO. 3101, C781 AMENDING CHAPTER 10.52 OF THE CARLSBAD MUNICI- PAL CODE TO REVISE THE PROVISIONS FOR THE RE- MOVAL OF ABANDONED VEHICLES, was given a seconc reading and adopted. 10- CONSENT CALENDAR: A. Approval of Final Map. C991 1. Agenda Bill 83284 - Supplement #2. Approving final map for Carlsbad Tract 74-22, for condominium project located south of Chinquapin Ave. and north of Agua Hedionda Lagoon. Applicant: Larry Hunts (Papagayo). The City Manager requested this item be remov- ed from the Consent Calendar and continued to the next regular Council meeting. A motion was made that the matter be removed from the Consent Calendar and continued to the Council meeting of March 18, 1975, as requestec by the City Manager. Motio Ayes 1 - Mot io Ayes 2 Motio Ayes laloti o Ayes Motic Ayes n X n X In X g xx xx xx xx x: