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HomeMy WebLinkAbout1977-07-05; City Council; Minutes7 CITY OF CARLSBAD Meeting of: CITY COUNCIL Date of Meeting: July 5, 1977 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers __ ~~- u fi B '1 ~~~" ~ ~~ ~~"~~ ~ ROLL CALL: I INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. I PRESENTATION: .. I Mayor Frazee announced he had a Resolution to ~ read and present ,to Margaret E. Adams; City C1 er commending here.for her 20 years of service with the City of Carlsbad. Following the reading of the Resolution, Mayor Frazee presented the Resolution to the City Clerk. ~ APPROVAL OF MINUTES: (Approved by one motion) I Minutes of the adjourned regular meeting held June 14, 1977, were approved as presented. Minutes of the regular meeting held June ?l , 1977, were approved as presented. Minutes of the adjourned regular meeting held June 23, 1977, were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given by the payment of bills forthe General Expenses of the City: City Opera tions $159,419.68; Water Department $59,997.20; Investments $600,000; Net Payroll Transfer '$94,827.30 for a total of $914,244.18 for the period June 16, 1977 through July l,, 1977, as certified by the Director of Finance and approve1 by the Auditing C,ommittee. cl Ratification was given the pay-ment of the payroll in the amount of $149,205.17 for the period June 13, 1977 through June 26, 1977, as certified by the Director of Finance and approved by the .. Auditing Committee. CONSENT CALENDAR: Mayor Frazee announced Item #15 would be removed from the Consent Calandar and withdrawn from the Agenda as requested by staff. Councilman Skot- nicki requested Item #1 be removed from the Con- sent Calendar and Councilman Packard requested the removal of Item #14 from the Consent Calendar The following items, with the exception of Items ~ 1, 14 and 15, were approved by one motion, affirm I ing the action on the Consent Calendar: I c 991 2. AGENDA BILL #4045 - Supplement #2 - FINAL MAP APPROVAL CANON PARK - LA COSTA LAND COMPANY. Approval was given the Final Map for Carlsbad Tract 76-17 subject to certain conditions and the Finance Director was instructed to release cash deposits in the amount of $99,000 (Account #65-834-1519) and due to the Leucadia County Water District's declaration of sewer moratorium direct the City Engineer to add an appropriate note on the Final Map,to state that, "This map has been approved upon the express condition that building permits shall not be issued forany development within this final map until the City Manager determines that sewer service is availab for such develoPment". I i C6UM61LMEt I_ B; ? B \. CITY OF CARLSBAD -2- July 5, 1977 :991 3. AGENDA BILL .#5031 - Supplement #2 - FINAL MAP APPROVAL - TARA*LA COSTA - ROBERT S. PHILLIPS. The Final Map for Carlsbad Tract 77-3 PUD-9 and due to the Leucadia County Water District's de- claration of sewer moratorium, the City Engineer was instructe-d to add an appropriate note on the Final Map to state that, "This map has been approved upon the express condition that buildin permits shall not be issued for any development within this Final. Map until the City Manager determines that sewer service is available. for such development". I C991 4. AGENDA BILL #3504 - Supplement #2 - TENTATIVE MAP EXTENSION - REGAN CONSTRUCTION. Resolution No. '5135, approving with conditions an extension of Tentative Map CT 75-8 for a one-lot 2'2 units condominium project on proeprty located at the southwest corner of Pine Avenue and Washington Street adjacent to the AT&SF Railroad right-of- way, was adopted. '7 01 5. AGENDA BILL #3552 - Supplement #4 - MAGEE 451 PARK MASTER PLAN - CONSULTANTS AGREEMENT. Resoll tion No. 5134, approving an agreement between the City of Carlsbad and Lawrence Black and Associates for Master Plan design of Magee Park' and authorizing the Mayor to execute said agree- ment, was adopted. 70 1 6. AGENDA BILL #3652 - Supplement #2 - HARDING 457 STREET COMMUNITY CENTER - CONSULTANTS AGREEMENT. Resolution No. 5137, approving an agreement between the City of Carlsbad and Roy R. Blackfor1 AIA, for architectural services to develop a preliminary plan for the Harding Street Communit Center and authorizing the Mayor to execute said agreement, was adopted. [go] 7. AGENDA BILL #5114 - PALOMAR SOLID WASTE TRANZ f551 FER STATION - COUNTY OF SAN DIEGO DEPARTMENT OF SANITATION AND FLOOD CONTROL. It was the findin.g of the City Council that these applications from the County were necessary and are in the public interest, therefore, the request to pro; cess the applications was granted. 1501 8. AGENDA BILL #5115 - REFUND OF OVERPAYMENTS. The Council authorized refunds for overpayments as follows: $15.00 to Giovanni Di Sciacci for Tennis; $10.00 to Marcia P. Dorsey for return 01 lost Library Book; $153.50 to Michael Straub for duplicate permit fees; $14.04 to A.A. Sugg (Acct #3999.00) overpayment of closing water bil $10.24 to Kenneth W. Crow (Acct #2826.00) for overpayment of closing water bill; $11.00 to Materials, Inc. (Acct #2858.00) for overpayment of closing water bill; $229.40 to Rose Mary Faga for relinquishment of building permit. :321 9. AGENDA 'BILL #5116 - RENEWAL OF COOPERATIVE 741 PERSONNEL SERVICES AGREEMENT. Resolution No. :45] 5130, authorizing the City Manager to sign an agreement with the State of California, Californi, State Personnel Board, Cooperative Personnel Services Division, for the purpose of performing employee screening examination services for the City of Carlsbad, was adopted. COliNCllMEE _/5 ' I - - - I ~ ~ a” -:. CITY OF CARLSBAD CQWNCILMEh h - B - -5- ’ July 5, 1977 E291 ~321 r841 . E511 C451 Dl 1 r 781 L991 E291 DO1 c741 C991 10. AGENDA BILL #5117 - ADOPTION OF PRELIMINARY OPERATING BUDGET - FISCAL YEAR 1977-78. Resolu- tion No. 5133, adopting the Preliminary Operating Budget for Fiscal Year 1977-78 and establishing controls on appropriations for new employees and Capital Outlay Items, except Library Books, was adopted. 11. AGENDA BILL #5118 - PURCHASE OF TIRES AND VARIOUS OTHER ITEMS THROUGH THE STATE OF CALI- FORNIA OFFICE OF PROCUREMENT. Resolution .No. -. 5132, authorizing the Department of General Services of the State of California to purchase tires, tubes and various other items, was adopted. 12. AGENDA BILL #5119 - AUTOMATIC AID AGREEMENT/ CARLSBAD-OCEANSIDE. Resolution No. 5131 , authori - zing the City Manager to execute agreement for Automatic Aid with City of.Oceanside, was adopted. 13. AGENDA BILL #5120 - SALE OF ‘POLICE PISTOL RANGE PROPERTY (OLD CARLSBAD DUMP SITE). Approv a1 was given the sale of the Police Pistol Range (Old Carlsbad Dump Site) property to Standard Pacific of San Diego by negotiation and authori- zation was given the staff to complete details of sale. ITEMS REMOVED FROM CONSENT CALENDAR.: - 1. AGENDA BILL #zz19 - Supplement #4 - BOND AND 1 AGREEMENT SUBSTITUTION - HESTER DEVELOPMENT CO. - OCCIDENTAL LAND, INC. ’-- - I Councilman Skotnicki stated he requested this item removed from the Consent Calendar so that he could abstain from voting. Acceptance was given the new bonds and agreement substitution and the City Clerk.was authorized to release existing bonds and agreement to Occi- .dental Land, Inc., as recommended by the staff. 14. AGENDA BILL #5121 - INTERIM SALARY PLAN FOR FISCAL YEAR 197778 FOR ALL CITY EMPLOYEES EXCEPT MISCELLANEOUS. In response to Councilman Packard’s question regarding retroactivity, the City Manager stated that any agreement reached through meet and con- fer sessions prior to August 1 , 1977 will be re- troactive to July .-1 ,-- 1977, unless the Council . desires otherwise. This clarification is made in the body of the Resolution. RESOLUTION.NO. 5136, ADOPTING AN INTERIM SALARY PLAN FOR THE CITY FOR THE 1977-78 FISCAL ‘YEAR, I was adopted by title only. I 15. AGENDA BILL #2241 - Supplement #3 - ACCEPT- ANCE‘OF PUBLIC IMPROVEMENTS FOR WOODBINE (EL CAMINO PORTALS) - AMOS SOMMERS. The City Manager reported briefly stating the staff has requested this matter withdrawn from the Agenda and continued to the next regu1a.r meeting. CITY OF CARLS5AD GOUNCILMEh k -4- July 5, 1977 I ). . Mayor Frazee suggested due to the length of ' Public Hearings, that the Housing Authority be heard at this time. The .Council agreed to ad- journ to the Housing Authority, taking the item out of Agenda Order. [lo51 HOUSING AUTHORITY: Thb Council adjourned to the Housing Authority ,at 7:12 P.M. and reconvened 7:17 P.M.,' with all Council members present. PUBLIC HEARINGS: Mayor Frazee stated at the suggestion of staff, Items No. 16 and 19 would be heard one after the vicinity. He also requested Council's concur- rence in hearing Item #18 as the first Public Hearing due to the number of people in the audi- ence who were interested in that Item and stated Item #17 would be continued at the request of the staff. The Council concurred in the Mayor's recommendations to revise the order of the Agenda under Public Hearings. I other since they are located within the .same i I I [gg] 18. AGENDA BILL #3069 - TENTATIVE MAP/PLANNED - [113] UNIT DEVELOPMENT - CALAVERA HILLS - ROBERT LAD- WIG (AGENT) - PUD-4 AND CT 76-12. A staff report was given by the Planning indica- ting the location of the proposed project on a transparency and wall exhibits. I The Mayor announced the Public Hearing was open and asked if anyone wished to be heard. Q I Mr. Roy Liard, owner of Lake Ca-lavera, stated the a.pplication was made by Mr. Robert Ladwig who is the agent for the Lake Calavera Project. Mr. Ward addressed the issue of a waste water reclamation plant which he is proposing for the. Lake Calavera Hi'lls project in an attempt to resolve the issue of sewer availability. He stated the waste water reclamation plant would. be funded privately and he and his consultants .. presented their proposal for the plant to a num- ber-of the concerned citizens from the Woodbine and Carlsbad Palisades subdivisions in an effort to respond to their concerns. Mr. Ward further stated Mr. Dennis O'Leary, former Director of the Regional Water Quality Control Board and b!r. Paul, an architect who has been charged with designing a plant with the least visual impact on the community are present and available for questions. E Mr. Dennis O'Leary, Lowry & Associates, 7189 Navajo Road, San Diego, stated he was a special- ist in waste water reclamation and waste water disposal and discussed the positive aspects of a waste water reclamation plant for the subdivi- sion which he stated would be located along Tamarack Avenue. A number of questions were asked by the Council regarding the disposal of sludge from the plant and control of odor. 7 /64 .~- ".""".. .. CITY OF CARLSBAD WNCILMEE - -5- . E Mr. Paul, Architect representing the applicant, . gave a slide presentation on waste water.reclama- tion plants. Joe Lwisque, 4350 La Portalada Drive, Carlsbad, presented a petition signed by 245 residents which requested guarantees should the sewer plant be approved. The petition was read. by Mr. Lwisque and submitted to the City Clerk. He stated if the developer is al1owe.d to construct a priv.ate sewer treatment plant, it would set a precedent. Others who spoke in opposition were: Mr. Dean Chestnut Ave., Carlsbad. Since no one else wished to be heard, the Mayor declared the Public Hearing closed and Council discussion was held. During Council discussion, Councilwoman Casler stated her original objection to the project was that this project was not a PUD, it was simply a standard 7500 sq. ft. subdivision. She further stated she felt the Tentative Map should stand on its own merits and that' no other issue should be considered- until action had been taken on the Tentative Map. Councilman Skotnicki indicated his agreement with Councilwoman Casler but stated his objection to the project was that it is a growth inducing development of a much larger pro- portion than is being considered at this time. He stated he felt the entire project should be con- sidered. Councilman Lewis stated since the appli- cant is seeking alternative methods to resolve the sewer ,problem, he would reconsi'der his original vote on this project. The City Attorney was instructed to prepare the Motion documents necessary for approval of the Tentative Ayes Map for CT 76-1.2 .an'd PUD-4 to include the addition Noes of the standard sewer conditions. The applicant was informed that the .approval of . the Tentative Map in no way was a commitment by the Council to the proposed sewer facil'ity as presented in connection with this; development. RECESS: Mayor Frazee called for a recess at 8:52 P.M. and the Council reconvened at 9:05 P.M., with a1 1 Council Members present. D5' 0 [113]16. AGENDA BILL #5089 - APPEAL - SPECIFIC PLAN [94] SANTA ANITA DEVELOPMENT CORPORATION (SP-146 AND CUP-136) [431 COND1,TIONAL USE PERMIT - PLAZA NORTH - APPE.LLANT: The Planning Director' gave a staff rpeort with the aid of wall exhibits and a transparency depicting the location of the proposed fast-food restaurant, at.El Oamino Plaza, generally located on the east . Marron Road. side of El Camino Real between Haymar Drive and xx X CITY OF CARLSBAD -6- July 5, .1977 I Dl A subsequent report was given by the Public Works Administrator regarding the traffic congestion and flow of traffic on El Camino Real in the immedi- ate vicinity of the proposed site. He stated a traffic analysis had been made in that location and an estimated-increase in traffic flow based on the type of business proposed was formulated, and it was determined this type of business would be detrimental to the already existing traffic conges- tion on El Camino Real. He stated staff .does not feel this is the appropriate site for a McDonald's Restaurant. I The Pub1 ic Hearing was opened and the Mayor ann0unce.d anyone who wished to be heard would be heard at this . I time. 1 Mr. Phillip Spear, 11222 Linear St., San Diego, representing McDonald's Restaurant, stated in work- ing with the staff prior to making application, it was the staff's determination that a drive-thru restaurant would not be acceptable at the proposed location, that as a fast-food restaurant McDonald's would be required to apply under a Conditional Use Permit and that a building design which blended in with the existing structures at the shopping center would be more acceptable. Mr. Spear stated based - on discussion with the staff, McDonald's applied under the Conditional Use Permit process, agreed to have a restaurant with a seating capacity of between 120 and 130 and chose a building design of Spanish architecture. The applicant does not feel that the restaurant will cause any significant in- crease in traffic since most of the people who stop to eat will already have come to the shopping cen- ter for other reasons. McDonald's peak business hours are 12:OO to 1:00 P.M. and 5:30 to 6:30 P.M. In conclusion, Mr. Spea-r stated the representatives of McDonald's have worked with the staff since the application was filed in an attempt to resolve the .staff's concern with regard to traffic and have re- designed the access and parking area around the pro. posed restaurant as i.t appears on the wall exhibit' ~ marked Exhibit I'D". Mr. Ron Roberts, Architect,' from the firm of SGPA ,in San Diego, representing the applicant, stated tie had .been involved with the original planning of the shopping center whe.n it was first planned by Santa Anita Development Corp. Points of discussion were: landscaping, traffic patterns and pedestrian patterns and the fact that much of the staff's re- ference to the project in their reports and city correspondence refers to the project as a drive- thru restaurant, which was not what McDonald's appl i ed for. Also heard on behalf of the appli.cant was Mr. Jim Fedderhart, 5252 Balboa, San Diego, a Traffic En- gineer. Mr. Fedderhart recited facts and figures from his analysis of traffic on El Camino Real and accesses to the shopping center. He stated peak traffic hours on El Camino Real are 4:30 to 5:30 P.M. Based on his analysis, Mr. Fedderhart stated that theapplicant's request to construct a McDonald': Restaurant would not significantly increase traffic on El Camino Real and spoke to the issue of future improvements on El Camino Real with respect to the widening Of the:'br.idge, which would eliminate a fair . .* 7 b > COUNCILME$. ~ i I - D* E I) CITY OF CARLSBAD -7- July 5, 1977 - I I - ~ ~~~ proportion of the cxisting traffic congestion on El Camino Real. Mr. Henry Thompson, 330 Chestnut Ave., Carlsbad, spoke in favor of the applicant, stating McDonald's is a good neighbor and should be encouraged. Since no one else wished to be heard, the Public Hearing was closed. . Questions were asked by the Council of the appli- 'cant's representatives and the Public Works Admini- strator regarding traffic patterns. Following comments from each of the Council members it was the concensus of the C.ounci1 that a McDonald': Restaurant would be desirable for the community. The primary concern of some of the Council .was that a business of this type would create an increase in traffic congestion on El Camino Real. The City Attorney was instructed to prepare the documents necessary for denial for the reasons con- tained in Planning Commission Resolution Nos. 1360 and 1361. ~ I Gll3117. AGENDA BILL #5105 - ZONE.CHANGE REQUEST - CITY OF CARLSBAD (ZC-191). I At the request of the staff, this matter was con- tinued to the next regular meeting. [431 19. AGENDA BILL #5104 - APPEAL - CONDITIONAL USE C941 PERMIT - CARL'S JR. DRIVE-THRU RESTAURANT - SANTA ANITA DEVELOPMENT CORP. -APPELLANT: A. J. SKOTNICKI. (CUP-1 35). A brief staff report was given by the Planning Di:t?ector with the assistance of a transparency and w'a11 exhibits depicting the 1ocat.ion of the propos- ed development. The Planning Director stated the Site Development Plan (SDP 77-2') for a community Co'nditional Use Permit for a drive-thru restaurant south of Marron Road were being considered at this time. He further stated a ."Q" (Qualified Overlay) Zone was incl uded. -shopping center and professional offices and a , to be 1ocated.on the east side of El Camino Real I. 1 The Public Hearing was declared opened by Mayor Frazee at 10:45 P.M. Mr. Ron Roberts, SGPA of San Diego, Architect representing the applicant, was heard by the Coun- cil. Mr. Ro'berts stated the agreement for future improvements had already been filed with the City for the off-site improvements. He briefly discuss- ed traffic., architecture of the proposed shopping complex and the type of tenants who would be occu- pying the structures. He also made reference to the elevation-plans which he displayed for the Council's review. Mr. Jim Fedderhart, Traffic Engineer, 5252 Balboa, San Diego, representing the applicant, discussed peak traffic hours and traffic flow on El Camino Real at' the subject point. Y S -. COUNClLMEh - D: I) CITY OF CARLS0AD -8- July 5, 1977 a Mr. A. J. Skstni-cki, 3535 Bedford Circle, Carls- bad, the Appellant, reviewed reasons for a "Q" Zone and stat'ed his reason for appealing the decision of the Planning Commission on this pro- ject was to bring it to the attention of the Council based-on his concern with regard to the impact on traffic on El Camino Real. He fur ther stated the staff's recommendation does not provide any data that supports their recommenda- .tion and, therefore, he was requesting. the staff to provide that data which supports or denj,es the project. Mr. Skotnicki stated he is not request ing the project be denied,'merely that considera tion be given the street capacity on El Camino Real considering the entire development of the area, including the bridge, and the area in Ocea side north of the freeway. Further, that staff support its recommendation with further traffic data. A question was directed to Mr. Roberts by the Council with regard to two access driveways to the shopping center from El Camino Real between Haymar Drive and Marron Road. Following Mr. Robert's explanation, questions from the Council were addressed to the Public Works Administrator Further concerns regarding these accesses were - expressed by the Council and Mr. Roberts stated the applicant would be willing to enter into an agreement for -the possible future closing of one the shopping center. No one else wished to be heard and the Public I ~ of the driveways should it become a problem at I I Hearing was closed at 11:39 P.M. I ~ The Council concurred with the recommendations 1 ~ of the Planning Commission as containe'd in Planning Commissi'on Resolution .Nos. 1359 and 1353 and the City Attorney was instructed to pre pare the documents necessary denying the appeal community shopping center and a Conditional Use Permit for a drive-thru restaurant; said docu- ments to contain the app,ro.priate sewer condition and subject to the developer entering into an El C-amino Real in the event a traffic problem results in the future. . and approving a Site Development Plan for a .. agreement to close off one of the driveways on [114] 20. AGENDA BILL #5122 - ZONE CODE AMENDNENT - .__ [I131 PUB REGULATIONS - RE: STORAGE SPACE & OPEN SPACE The Planning Director gave a staff report and stated review of this matter by the staff follow ing a Public Hearing by the Planning Commission has caused a recommendation by the staff to add a sentence to the first paragraph of number 6, 1 ine 13 of the draft ordinance. The addition would give the developer the opportunity to avoil constructing storage areas but still retains the uniqueness of PUD's by guaranteeing storage area on the lot. rrl - - - n. - S -. 2 d S COUNCtLMEr - COUNCIlk4EE -9- .. Discussion was held by the Council regarding the storage requi:rements in the PUD and the City Manager stated since the staff is recommendjng an addition to the Planning Commission's recom- mendation, the matter should be .returned to the Planning Commission for their consideration. recommendation and consider any alternatives avai 1 ab1 e. ADJOURNMENT: .! By proper motion, the meeting was adjourned sk 12:OZ A.M. to Wednesday, July 6, 1977 at' 7:OO P.M. in the City Council Chambers. Respectfully submitted,