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HomeMy WebLinkAbout1975-03-18; City Council; Minutes*> 7. CITY OF CARLSBAD COUNCILME1 - e 0 c Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 18, 1975 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers 1- ROLL CALL: 3- PLEDGE OF ALLEGIANCE was given. 2- INVOCATION was offered by Mayor Frazee. Prese 4- APPROVAL OF MINUTES: (a) Ninutes of the regular meeting held March Ayes 4, 1975, were approved as presented. Motio 5- COUNCIL COMMITTEE REPORTS: Council Committee Reports were given and no action was taken. [86] DEFY. Mayor Frazee announced that the head of the DEFY Office located at Poinsettia Plaza in Carlsbad has requested to be heard by the Coun- cil. Mr. Rob Simmons of DEFY and Mr. Dick Mathem, from the 0ceanside.Police Department requested a letter of support from the Council which will accompany an application for funds being submitted by several agencies to the LEAA. The funds, it was explained, would be used to obtain a run-away youth facility for the coastal communities. The facility would be a comprehensive service for "status offender Mr. Mathem recited statistics to support the need for such a facility, and urged the Council support. Following discussion, it was moved that the Mayor wtite a letter to the County Human Rela- tions Agency indicating the Council's recogni- tion that there is a problem in North County and recognizing that there is a need for a run away youth facility; stating as carefully as has been recommended by the Council that the City of Carlsbad is in no position to offer financial assistance but that if Federal funds can be obtained through the County; it would be considered beneficial for the North County. . Is I s It - Motic Ayes 6- PUBLIC HEARINGS: [lo81 (a) Agenda Bill #3264. Appeal of Planning Commission decision on Panhandle Lot Variance (V-246). Appellant: Walter Gierszowisc The Planning Director exhibited a transparency of the proposed variance and gave a staff re- port on the background of the variance request. The following persons were heard in opposition to the request for a variance: MRS. PAUL GRAB0 SKI, 4117 Sunnyhill Dr., ELAINE BOUSHONG, 4940 Sunnyhill Dr., MR. ANGEL0 CARLI, 3401 Woodland Way, MR. JIM BOWEN, 4060 Sunnyhill Dr., and ANN CARLI, 3401 Woodland Way. The opposition was primarily on the grounds that the appellan does not meet the criteria for the granting of a variance. 11 - t Those in favor of the proposed variance were: MRS. WHIPPLE, 4237 Clearview, who stated she had signed a petition in opposition to the I In X XX) .* > CITY OF CARLSBAD e -2- March 18, 1975 - I) I) T variance request but felt she was misinformed and is now in favor of the variance. MR. GIERZOWISC, appellant, was also heard. The Mayor declared the Public Hearing closed at 8:25 P.M. Discussion was held by the Council and it was moved that the appeal be granted for reasons outlined in the Planning staff's report to the Planning Commission, dated November 12, 1974 and that the matter be returned to the Plannin Commission for report. 4 [431 (b) Agenda Bill #3308. Request for an amend- ment to City Council Resolution #3053 approving a Conditional Use Permit (CUP-64) Applicant: Eugene C. Chappee. The City Manager reported that attempts to contact the owner of the easement property hav been unsucessful. He stated the only way the City could find out if the property could be purchased is to begin condemnation proceedings but this is not a recommendation of the staff. The Planning Director gave a brief staff'repor and stated the staff is recommending that the Planning Commission's recommendation set f6rth in Planning Commission Resolution No. 1135, be accepted. The City Attorney stated that this was an appeal by the staff and the staff has withdrawn their appeal. e t MR. EUGENE CHAPPEE, applicant, was heard by the Council. Also heard in favor of granting the request for an amendment to the CUP, was MR. MITCHELL POLLARD, Gaycrest Kennels . The Public Hearing was closed by the Mayor at 8:55 P.M., following the determination that no one else wished to be heard. A review of the conditions originally imposed on the applicant when the original Conditional Use Permit was granted was made and discussion was held by the Council. It was moved that th request for an amendment to City Council Resol tion No. 3053, be approved subject to the con- ditions as outlined in Planning Commission Resolution No. 1135 and that the staff continu to attempt contact with the owner of the ease- ment property. e Us e ~ RECESS: Mayor Frazee called a recess at 9:25 ~ ~ P.M. and the meeting was reconvened at 9:40 P.M with all Council members present. I ~ [571 (c) Agenda Bill #3312. Request for approval ~701 of the Parks and Recreation Element of the I 1 General Plan. I The Mayor stated the staff has requested this matter be filed and readvertised at a later date. Further, he stated, it is his understan ing from a report given by Councilman Lewis that the Parks and Recreation Commission has 1 COUNCILME1 Motion Noes xxx - Ayes X - ., > CITY OF CARLSBAD -3- March 18, 1975 I I) [1131 7- E991 [I 131 ~ ~~~ requested a Joint Meeting with the Council to review in a workshop meeting, the Parks and Recreation Element. Counciman Lewis and the City Manager confirmed this request by the Parks and Recreation Commission. T A motion was made that this matter be filed and readvertised at a later date. (d) Agenda Bill #3313. Request for approval of a zone change (ZC-151) from C-1 to C-2 on property located on the east side of Carlsbad Boulevard at Tamarack Avenue. Appii.cant: Captain's Anchorage, Inc. Following a staff report by the Planning Direc- tor, the Council heard from MR. HUNTER MUMFORD, a Realtor, representing the applicant. No one else wished to be heard and the Mayor deciared the Public Hearing closed at 9:50 P.M. It was moved that the staff be directed to pre- pare the documents necessary for approval of Zone Change 151, as approved by Planning Com- mission Resolution No. 1139. WAIVING READING OF TEXT OF ORDINANCES. Amotior was made to waive the reading of the text of all Ordinances before the Council at this meet- ing. I DEPARTMENTAL REPORTS: A. . Plannina. 4 1. Agenda Bill #3302 - Supplement #l. Approval of Tentative Map for Carlsbad Tract I 74-23. Applicant: Michael Straub. On March 4, 1975, the Council directed thestaff to prepare the documents necessary for approval of CT 74-23. The document having been prepared was presented for adoption: RESOLUTION NO. 3609, approving with conditions Tentative Map (CT 74-23) to allow an 8-lot sub- division on 2.36 acres located on the west side of Monroe Street between Park Drive and Mag- nolia Avenue, was adopted by title only, and with the unanimous consent of the Council, further reading was waived. 2. Agenda Bill #3309 - Supplement #l. Denying an appeal and affirming the decision I of the-Planning Commission regarding a request for a change of zone at 334 Cedar Street. .. Appellant: 0. H. McClelland. The document necessary for denial of the appeal of the Planning Commission, was prepared by the staff, as directed by the Council at the meet- ing held March 4, 1975. The following Resolu- tion was presented for adoption. COUNCILME1 Motion Ayes xxx Mot i on Ayes xxx Motion Ayes xxx ., CITY OF CARLSBAD -4- March 18, 1975 I I) B c ~51 (Agenda Bill #3309 cont) RESOLUTION NO. 3610, announcing findings and decision regarding change of zone (ZC-157) de- nying appeal of a Planning Commission decision to deny without prejudice a request for change of zone from C-2 (General Commercial) to R-P (Residential Professional) Zone on .70 acre on the east side of Carlsbad Boulevard between Cedar and Beech, was adopted by title only and with the unanimous consent of the Council, fur- ther reading was waived. 3. Agenda Bill #3314. Proposed "East Carlsbad Annexation No. 2.24" - Templin Heights A lengthy staff report and explanation of the difference of opinion between the City of Carls bad and LAFCO with regard to certain socio- economic factors contained in the Environmental Impact Report in connection with the proposed annexation, was offered.by the Planning Direc- tor. He stated a draft letter has been pre- pared and attached to the Agenda Bill and it is recommended by the staff that the Mayor be in- structed to send a letter to LAFCO stating the Council's reasons as to those socio-economic factors which warrant the approval of Templin Heights. It was further pointed out that t.he proposed annexation was pre-annexationally zoned. The Council discussed this matter at legth and a motion was made that the draft letter as pro- posed be signed and mailed; further that the Mayor be authorized to make necessary modifica- tions in the letter. C571 4. Agenda Bill #3315. General Plan Re- vision Dates for 1975. A motion was made that General Plan Revision Dates be set for May 20, 1975 and September 2, 1975 and that provisions for a floating date after September General Plan hearings for the third General Plan amendments for 1975 be es- tablished, 'as recommended by the Staff. B. Public Works. 1671 1. Agenda Biil #3304. Subdivision Ordin- t991 ance - complete revision. Following discussion by the Council and the City Attorney, the Subdivision Ordinance was presented in final form for introduction for a first reading. The Mayor stated at the next regular meeting, the Ordinance will be given a second reading and as an Urgency Ordinance will become effective immediately after its adoption. COUNCILMEI 1 Motion Ayes Noes xxx M.ot i on Ayes xxx I. CITY OF CARLSBAD -5- March 18, 1975 - I) 0 c t631 ~1071 ~41 ~831 ORDINANCE NO. 9417, AN URGENCY ORDINANCE OF FORNIA, AMENDING TITLE 20 OF THE MUNICIPAL CODE BY RENUMBERING CHAPTER 20.22 TO 20.36 AND CHAP- TER 20.28 TO 20.44, REPEALING CHAPTERS 20.04, 20.08, 20.12, 20.15, 20.20 AND 20.24, AND ADD- ING NEW CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20, 20.24, 20.28, 20.32, 20.40 AND 20.48 TO REVISE THE REGULATIONS OF SUBDIVISIONS OF LAND IN ACCORD WITH THE NEW SUBDIVISION HAP ACT, was introduced for a first reading by title THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI- only. I 2. Agenda Bill #3316. City Library - Request for bids for a new technical processing area. (Contract #1023). A report was given by the Public Works Admini- strator who stated the staff recommendation is that Resolution No. 3611 be adopted. RESOLUTION NO. 3611, approving plans and speci- fications and authorizing the City Clerk to in- vite bids for the improvement of the new tech- nical processing area in the City Library - Contract No. 1023, was adopted by title only and with the unanimous consent of the Council, further reading was waived. 3. Agenda Bill #3317. To consider a stree vacation of Via Corta (CT 73-45) from Park t Drive to northerly terminus between Via Hinton and Via Marta, and utility easement quitclaim deeds adjacent to Via Corta. The following Resolution was adopted after a report was given by the Public Works Adminis- trator: Prior to the Resolution being offered for adop- tion, Councilman Chase stated he would like to abstain from voting. ~~ RESOLUTION NO. 3612, declaring intention to vacate a portion of Via Corta and adjacent I future slope rights, was adopted by title only and with the unanimous consent of the Council, further reading was waived. A further motion was made that the Mayor be authorized to execute the three Quitclaim Deeds 4. Agenda Bill #3318. To consider pur- chase of Gas/Oxygen Detector for use by the Sanitation Section of the Utilities/Maintenance Department. The Public Works Administrator gave a brief report on this matter and the following Resolu- tion was offered for adoption: RESOLUTION NO. 3613, amending the Budget for the Water and Sanitation Divisions of the Utili I ties/Maintenance Department, was adopted by title only and with the unanimous consent of the Council, further reading was waived. COUNCILME1 6 , \fi h, -P Mot i on Ayes xxx Motion Ayes xx> Motion .Ab s t a3 n ec xxx Ayes X Motion Abstai ne( . Ayes XXI Motion I- Ayes XX) ~ I I. CITY OF CARLSBAD -6- March 18, 1975 - I) D Im21 ~41 ~31 ~41 [831 C451 C741 ~781 5. agenda Bill #3319. Rubbish and Refuse Abatement. Following a staff report from the Administrator of Public Works, Resolution No. 3614 was offer- ed for adoption: RESOLUTION NO. 3614, declaring as Public Nui" sa~teg., Rubbish and Refuse upon private property in the City of Carlsbad, was adopted by title only and with the unanimous consent of the Council, further reading was waived. It was announced a Public Hearing would be held on April 1, 1975. 6. Agenda Bill #3320. Garage door purchas in the Mechanical Maintenance Building. 1 The Public Works Administrator reported and stated the staff recommended approval for the two items contained in the Agenda Bill. 1 A motion was made that authorization be given the expenditure of $700 for the purchase of a steel roll-up door and $500 for conversion of the Streets Division Office building into a Mechanical Maintenance stock room, as recommen ed by the staff. d. 7. Agenda Bill #3321. Employee locker room facilities within Utilities/Maintenance I Department. Following a report by the Public Works Adminis- trator, Resolution No. 3615 was offered for adoption: RESOLUTION NO. 3615, authorizing the expendi- ture of funds for the purchase of a double mobile trailer, was adopted by title only and with the unanimous consent of the Council, further reading was waived. C. City Manager. 1. Agenda Bill #2151 - Supplement #l. Amendment to Public Employees Retirement Syste nl Contract to designate Police Communicators as Police Safety Employees. The City Manager gave a staff report on this matter and stated the proposed Ordinance, if adopted would become effective immediately as an Urgency measure. Following Council discussion, Ordinance No. 1177, was presented as an Urgency measure: ORDINANCE NO. 1177, AN URGENCY MEASURE AUTHORI- ZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO ALLOW CERTAIN POLICE COMMUNICATORS TO ELECT TO BE SAFETY MEMBERS OF SAID SYSTEM, was adopted, effective immediately. COUNCiLMEl Motion Ayes xxx - Mot i on Ayes xxx Motion 1 x-x Ayes X (I. I . ." CITY OF CARLSBAD -7- March 18, 1975 - I) D I The following item was taken out of Agenda order and presented for the Council's considera,. tion by the City Manager: C. City Ma.nager (cont.) [lo51 7. Agenda Bill #3325. Creation of Re- [ 941 development Agency. I The City Manager reported letters have been submitted to the City from the Carlsbad Chamber of Commerce and the Downtown Merchant's Associ- tion in support of City participation in the Plaza Camino Real expansion, conditioned upon utlizing revenue generated from such expansion for the redevelopment of downtown Carlsbad. The Chamber has proposed, as a means of accomplish- ing this, that a redevelopment agency be createc The following persons were heard by the Council all urging the Council's consideration of a re- development agency: MR. JOHN J. MAMAUX, 1393 Basswood Ave., representing May Company, MR. HARRY SWANSON, President of the Carlsbad Chambe of Commerce, MR. MIKE MOROSOLI, spokesman and member of the Downtown Merchant's Association. During Council discussion, Cauncilman Chase suggested that a staff report be prepared and he raised a number of points which he felt should be considered in the preparation of a report. After further discussion, it was moved that authorization be given the City Manager to ini- tiate a staff report on the desirability of establishing a redevelopment agency including the points raised by Councilman Chase and that authorization be given for the expenditure of $700.00 if the study should require an outside consultant; further that the report be submitte to the Council by April 15, 1975. !j With the exception of the Ratification of the Bills and Payroll, it was the consensus of the Council that the remaining items on the Agenda be continued to an adjourned Council meeting. EXECUTIVE SESSION: The Mayor called for an Executive Session at 11:31 P.M. for the purpose of discussing Personnel; specifically to in- struct the City negotiators on employee salary negoiations. The Counci 1 reconvened, with all Council member: present, at 12:05 A.M., and the Mayor announced that the purpose of the Executive Session was give them instruction. No other action was taken. ~ to meet with the City negoiating staff and to COUNClLMEi Y Motion Ayes xxx .I, < I c* CITY OF CARLSBAD COUNCIlMEi -8- RATIFICATION OF BILLS AND PAYROLL: Ratification was given payment of the Payroll fied by the Director of Finance and approved by February 24, 1975 thru March 9, 1975, as certi- xxx Ayes in the amount of $111,837.66 for the period X Motion the Auditing Committee. 12- - ADJOURNMENT: By proper motion, the meeting Motion was adjourned to Wednesday, March 19, 1975 at 7:OO P.M., in the City Council Chambers. xxx Ayes Respectfully submitted, W! d425 E/q22i2&@/&// MARGA T E. ADAMS, City Clerk By: Nora K. Gardiner Recording Secretary Y I))