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Home My WebLink About1977-09-20; City Council; Minutes- D D, I CITY OF CARLSBAD cauNCILMEP , Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 7:OO P.M. Date of Meeting: September 20, 1977 Place of Meeting: Co.unci1 Chambers a53 I ROLL CALL: Mayor Frazee arrived at 8:38 P.M. Present Absent INVOCATION was given by Councilman Packard. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (Approved by one motion) ' Minutes of the .adjourned regular meeting held Mot i on August 30, 1977, were approved as presented. Ayes Minutes of the regular meeting held September 6, 1977, were approved as -corrected. Minutes of the adjourned regular meeting held September 13, 1977, were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: Authorization was given the payment of bills for the General Expenses of the City: City Opera- tions $138,581.03; Water Department $8,177.48; Net Payroll Transfer $102,218.25; for a total of $248,976.76, as certified by the Director of Finance and approved by the Auditing Committee. Mo ti on Ayes Ratification was given the payment of the Payrollklotion in the amount of $163,367.66 for the period August 22, 1977, through September 4, 1977, as certified by the Finance Director and approved by the Audi-ting Committee. CONSENT CALENDAR: I Councilman Skotnicki requested that Item No. 8 be removed from the Consent Calendar. The following items, with the exception of Item No. Motion 8, were approved by one motion affirming the Ayes action on the Consent Calendar. c701 C451 1. AGENDA BILL #910 - Supplement #11 - COMMUNIT' Resolution No. 5201, approving an agreement be- tween the City of Carlsbad and Kammeyer, Lynch SWIM COMPLEX - ARCHITECTURAL SERVICES AGREEMENT. & Partners for the design of the Community-Swim Camplex and authorizing the Mayor to execute said agreement, was adopted. E701 2. AGENDA BILL #3652 - Supplement #5 - HARDING STREET COMMUNITY CENTER AUDITORIUM RENOVATION. Resolution No. 5202,approving the application for Block Grant Funds under the Roberti-Z'Berq - Urban Open Space and Recreation Program for renovation of the Harding Street Community Center Auditorium, was adopted. I ~411 3. AGENDA.BILL #5185 - !?JATER LINE BREAK - SETTLEMENT OF CLAIM. Council accepted the agreed settlement of $6,186.47 for the claim. I against Ukegawa Bros. I I I I 1 1 iTY F CQUiGGit~f~E~ - B B -2- CONSENT CALENDAR (Cont' d. ) C731 4. AGENDA BILL #5186 - ENCROACHMENT PEREIT - 7771 PENDON Cion No. 5203, approving an agreement betw- City of Carlsbad and the owner of Lot 17 of CT 72-24 for encroachment in Pendon Court and authorizing the Mayor to. execute- said agreement, was adopted. E721 5. AGENDA BILL #5187 - "NO PARKING" ZONE - PONT DRIVE NORTH OF PONTO OFF-RAMP ON CARLSBAD SLVD. Resolution No. 5204, designating parking res- trictions on Ponto Drive north of the Ponto off- ramp on Carlsbad Boulevard, was adopted. [lo21 6. AGE?IDA BILL #5188 - DONATION OF TRAFFIC COUNTING MACHINE. Resolution No. 5205, acc.ept- ing a gift of traffic counting equipment, was adopted. [SO1 7. AGENDA BILL #5189 - REFUND OF OVERPAYMENTS. Council authorized payment of refund requests for overpayment of charges made by the City as follows: $90.00 to Isabelle Ellersen for can- celled Daytrippers Trip; $90 to Fairybelle Boyd for cancelled Daytrippers Trip; $38.00 to E. G. McNannamy for cancelled Ensenada trip; $19.00 to Ruth J. ldilkinson for cancelled Ensenada trip; $19.00 to Ethel R. Harford for cancelled Ensenada trip; $38.00 to Bradley & Marian !lalone for cancelled Ensertada trip; $45.00 to Florence 'K. Arguilez for cancelled Daytrippers trip; $15.00 to Judy Odely for cancelled gymnastic class; $15.00 to Shaun Riley for refund on women's exercise class; $3,093.56 to McMillin Construction for overpayment of Plan Check fees; $10.05 to Joe Toombs for overpaid closing water bill; $14.04 to U. Santoro for overpaid closing water bill; and $3,218.06 to Ukegawa Bros. for overpaid closing water bi 11. [70] . 9. AGENDA BILL #5192 - INSTALLATION OF LIGHTING C451 AT CHASE LITTLE LEAGUE FIELD - CONTRACT NO. 1042 Resolution No. 5207, approving plans and speci- fications and authorizing the City 'Clerk to in- vite bids for the installation of lighting at Chase Little League Field, Contract No. 1042, was adopted. Council authorized .the expenditure of $30,160.00 from Account -No. '1-132-3910 for Chase Little League Fi'eld Lighting Project. ITEMS REMOVED FROM CONSENT CALENDAR: C341 8. AGENDA BILL #5190 - CHAMBER OF COMMERCE SERVICES FOR FISCAL YEAR 1977-78. I Councilman Skotnicki stated he had requested thi item removed from the Consent Calendar in order that he may cast a,no vote in keeping with his in which they are split. l , .previous objections as to amounts and the manner I i I I RESOLUTION NO. 5206, APPROVING. THE ANNUAL STATE- I MENT OF CARLSBAD CHAMBER OF COblMERCE SERVICES I FOR FISCAL YEAR 1977-78, was adopted. I B TV a;b4NCget+$E{ -. 3 - was waived. ' . .. :I141 10. AGENDA BILL #5178 - APIENDMENT TO BUILDING HEIGHT LIMIT IN C-2 ZONE. - ZCA-90. i The following Ordinance was adopted: AMENDMENT OF SECTION 21.28.030 TO REVISE THE HEIGHT LIMIT IN THE C-2 ZONE. PLANNED UNIT DEVELOPMENT (PUD-8)/SPECIFIC'i?LAN - SP-lGO(A) - BUENA IJOODS - KAMAR.CONSTRUCTION CO. The fol lowing Ordinance was ado.pted: PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF . HOSP WAY ADJACENT TO MONROE ROAD. APPLICANT: KAMAR CONSTRUCTION. PUBLIC HEARINGS: t571 12. AGENDA BILL #5193 - GENERAL PLAN AMENDMENT- 0-S (OPEN SPACE) TO ''GI' (GOVERNMENTAL) 0 COUNTY 'OF SAN DIEGO. GPA-49. plained the proposed use for the area. Vice-Mayor Lewis asked if anyone wished to be heard on the matter aFd declared the public hearing open. parencies showing the current locations of sani- tary landfill sites in the County, results if no additional disposal sites could be obtained, and resulting effects in 1985 if no additional sites are, obtained. In response to questions by Council, Mr. Kaufman stated all operations of the Refuse Transfer Station would be inside. He indicated indivi" to use the Station. He further stated proper mitigating measures would be taken to ensur.e no problems would arise due to noise or interferenc with the University of California's Solar Wind Antennae System. 1 Ty Wd$QNC&k&EP - B e -4- September 20, 1977 Mr. Dennis Alekel, a representative ,of the leaal staff of Beckman Instruments addressed Council.' He stat'ed Beckman Instruments owns the property west of the proposed site.; at which plant they manufacture enzymes and are under constant sur- veillance by the Food and D+ug Administration. He continued stating they had already had a sub- stantial problem with rodents, and expressed concern that the Waste Transfer Station would : increase the rodent problem, which would result in their being shut down. He requested the County representative to address this problem. Mr. Kaufman responded to Mr. Alekel stating the Station would not attract rodents. To substan- tiate his statement, he referenced 'an experiment wherein it was found that rodents starved on a diet of shredded waste. He did state, howev'er, that consideration had not been.given to the rodent problem during construction of the projec and a further study should be completed on this possibility. Mr. Gary West, County of San Diego, addressed Council. He explained various methods which would be utilized in order to keep *the facility clean and sanitary. Mr. Kaufman then made a slide presentation show- ing a similar facility in existence in Wisconsin He indicated the structure would resemble that faci 1 i ty. I I Since no one else wished to be heard, hearing was closed at 8:07 P.". the pub' i cl During d'iscussion, Council expressed their con- cerns regarding the noise factor, possibility of an odor, increased traffic and resulting in- creased road maintenance, possible rodent pro- blems, inevitable litter on roadways leading to the Station and possible interference with the Solar Wind Antennae System. The City Manager indicated the Planning Com- mission should be made aware of Council's con- cerns in order that the proper mitigating 'measures could be included as conditions of the required Conditional Use Permit for the project. Staff further indicated it may be desirable for an additional study and meeting with Beckman Instruments prior to occupation of the building to ensure there is no rodent problem. Council instructed the City Attorney to prepare the necessary documents approving GPA-49 as per Planning Commiss.ion Resolu'tion No. 1396. RECESS: Vice-Mayor Lewis called a recess at ~ 8:23 P.M. and Council reconvened at 8:38 P.M. with all Council members pres'ent. (Mayor Frazee had arrived and was also present at this time.) I I -5- 13. .AGENDA BILL #5194 - GENERAL PLAN AMENDMENT- T-S (TRAVEL SERYICE)/"O" (PROFESSIONAL OFFICE) BURNETT. GPA-48. TO 'IC" (COMMUNITY COMMERCIAL) - NILLIAPI F. In his staff r.eport, the Planning Director out- lined the appli'cant's request, the reasons for staff's recommendation o.f denial-, and the I Planning Commission's recommendation of a desig- Mr. William F. Burnett, 523 W. 6th Street,'Los Angeles, the applicant, addressed Council. He exhibited a Preliminary Plot Plan showing the type of development proposed for the location. In addition he stated he felt the C-2-0 zone was proper and outlined the reasons he felt there was a need for a neighborhood shopping center in this particular location. Mr. Burnett stated a number of studies had been prepared such as topographical, slope analysis and traffi analysis, and referenced a letter received from a representative of Von's Grocery Store, all of which indicate this location is good for a shopping center. to his property and explained why his was the best location at this time. Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, the attorney representing the owner of the property, . Mr. Wilfred Cohen. He stated the owner supports this application. He also stated the land is subject to the CC&R's 0.f La Costa., Mr. Fred Morey, 2623 Abedul, Ca'rlsbad, represen ing La Costa, stated La Costa Land Company is taking neither a pro nor con stance on the project. In response to a question by Council, he stated this property is not part of the La Since no one else wished to be heard, th-e Mayor closed the pub1i.c hearing at 9:31 P.M. (-J-&+&gJMEj [I131 14. AGENDA BILL #5195 - ZONE CHANGE REQUEST - The Planning Director gav; the staff report stating the zone change request was City 'initiated in order to bring t.he area into con-' formance with the General Plan. However, since Council had directed the. City Attorney to 'prepar documents approving GPA-48, the C-2 zone would i be conforming to the General Plan. He then outlined the Planning Commission's recommendation to change the zone to C-2-0, as well as explaining the uses that can be applied to a C-1 zone and a C-2 zone. . May0.r Frazee declared the public hearing open and asked if anyone wished to speak on the Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, the attorney representing the owner of the property, expressed the feeling that a TS zone was not appropriate. He further stated a C-1 zone would be satisfactory to the owner if Mr. with the zone. Angeles, addressed Council. He stated a C-1 zone would be satisfactory to him if a provision could be included to allow the on-site sale of alcoholic beverages in a restaurant. Since no one else wished to be.heard, the Mayor closed the public hearing at 10:02 P.M. Council discussed the different zones and uses as well as expressed their feelings as to'which zone would be appropriate for the property. Council returned' the matter to the Planning Commission for-a report as to the C-1-Q zone being appropriate for this property. . beverages in restaurants on a CUP basis. [28] CARLSBAD REDEVELOP.MENT / AGENCY: Council adjourned to the Carlsbad Redevelopment Agency at 10:12 P.M. and reconvened at 10:19 P.M with all Council members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Pub1 i c Norks [gg] 15. AGENDA BILL #2241 - Supplement #3 - ACCEP-, TANCE OF PUBLIC IMPROVEMENTS - EL CAMINO PORTALS The Public Works Administrator gave' the staff report, explaining due to some. confusion on the part of staff, the required driveway repair had not been completed. rn$J&g=IL&&Ej $"V OF -7- The Public Works Administrator continued his report stating the correct address for the. repai had recently been ascertained as 4440 Trieste, and the developer had staked his intentions to pub1 i c improvements. /Maintenance Director to commence their mainte- nance and the City Clerk to release the bonds for public street i,mprovements. Council further indicated the bonds should not be released until the repairs at 44'40 Trieste were compl eted. 1'6. AGENDA BILL #3527 - Supplement #2 - ACCEP- TANCE OF PUBLIC IMPROVEMENTS - GREEN VALLEY The Public Works Administrator gave a brief report stating the original staff recommendation required the subdivider to post bonds for the completion of the landscaping and iyrigation requirements; however that would no longer be necessary in that the landscaping and irrigation requirements were now comp.lete. In response to Council, he indicated the dates that various conditions of Resolution No. 3809 had been complied with by the subdivider. Council accepted the public improvements as completed, directed the Utilities/Maintenance Director' to commence their maintenance, the Finance Director to release deposits in the amount of $302.25, and the City Clerk to record the Notice of Completion and release the appli- cable bonds. 17. AGENDA BILL #5196 - SPEED ZONE - LA COSTA Following a brief'staff-report by the Public Works Administrator, the following Ordinance was ,introduced for a first reading: ADDITION OF SECTI.ON 10.44.070 TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON A PORTION OF LA, COSTA AVENUE. 18, AGENDA BILL #5197 - ENCROACHMEMT PERMIT REQUEST - THE WCODWARD COMPANIES - CADENCIA AT LA COSTA AVENUE.. The Public Works Administrator gave a staff fence on public right-of-way.' He continued stating the plans had been approved by the Building' Department, which inc'luded the fence 'on the public right of way. ITY OF c%yJNCILME:F I 1 -8- Council recognized Mr. Scott ldoodward, 24762 Summerwood, El Toro, the applicant. He expresse the feeling that since the original plans were submitted to the City shoizring the fence on the public right-of-way, and said plans were approv- ed, that Council should approve same. He ex- plained the type of fence to be built and the purpose of same. . : Council denied the request for the encroachment of a fence i.n the public sidewalk for reasons as outlined in the City Engineer's Memorandum dated September 8, -1977. 1931 19. AGENDA BILL #5198 - REQUEST FOR EXCEPTION . 'TO SEWER MORATORIUM - SEWER SERVICE TO PALOMAR AIRPORT. The Public Works Administrator gave a brief staff report. Council recognized Mr. Phil Stafford, Chief Developer of Qperations for the County Airport. Mr. Stafford outlined the letter previously sent to Council which details the request. In response to Council's question, he stated the County was involved only to the extent that they had leased their land to the private entity upon whish.construction was to occur. Following brief discussion, Council denied the request for exception to the sewer moratorium. E931 20. AGENDA BILL #5199 - SEWER MORATORIUM APPEAL LANCER PACIFlC - MS 307. The City Manager gave the staff report referring to the City Engineer's Memorandum dated Septem- ber 1 , 1977, wherein it was stated an amendment to the sewer moratorium would be required. He stated an amendment would not be required in . that a statement could be recorded with the Final Map relative to the unavailability of sewer service. Council recognized Mr. Claude Jones, Secretary 8 T'reasurer of Lancer Pacific, P. 0. Box 819, Carlsbad. Mr. Jones referred to his letter dated July 27, 1977, and stated he would be happy to respond to any questions. Council granted the appeal to remove Condition #lo on the Tentative Parcel Map and place a a condition on the Final Map indicating no sewer service is available and a building permil will not be issued until sewer service is available, and that a covenant be recorded concurrent.with the Final Map stating same. ;[112] 21. AGENDA BILL #5200 - ANALYSIS OF 1977 !dE-ED I ABATEMENT PROGRAM.. The Public Works Administrator gave a brief report on the matter. I I i CITY ~*~.~~~~~~~~~ -9- " D -~~ "" ~~~ .~- Discussion was briefly held as to the current. procedures for weed abatement and the posstbilit of charging a percentage as a penalty or the full amount to those individuals that require the City to abate their nuisances. It was moved to establish a 15% overhead charge for future Weed Abatement Program, and the motia failed for lack of a second. It was moved that the weed Abatement Proaram be revised to provide for-full abatement of the costs less 15%. The motion received a second, and wi'th the agreement of the second, was then wi thdrawn. It was the concensus of Council that staff be instructed to study and report back to Counci.1 regard5ng administrative costs and what a fair cost would be to the general taxpayer. 1931 22. AGENDA BILL #5158 - Supplement #1 - FIRST PHASE SEInlER ALLOCATION. The City Manager reported briefly that staff's finding of it meeting a negative dqclaration had been appealed, and said appeal would be heard by the Planning Commissio.n. Council ordered the First Phase Sewer Allocatior System filed for rescheduling at such time as the appeal on the negative declaration has been resolved. ~921 23. AGENDA BILL #5201 - ENCINITAS SANITARY 1451 DISTRICT SEWER CAPACITY LEASE AGREEMENT. 0 [931 The City Manager gave a brief report stating there is a time limit of five (5) years in the agreement and staff was unable to negotiate that condition with the Encinitas Sanitary District. Therefore, Council must make the determination as to the acceptabil.ity of the conditions. The following Resblution was adopted: RESOLUTION NO. 5208, APPROVING AN AGREEMENT BE- CITY OF CARLSBAD FOR INTERIM TREATMENT AND DIS- TWEEN THE ENCINITAS SANITARY DISTRICT AND THE POSAL OF SEWAGE AND WASTEWATER AND AUTHORIZING THE MAYOR TO EXECU'TE SAID AGREEMENT. City Mariager 24.. AGENDA BILL #5202 - SEVJER MORATORIUM APPEA ESTATE EQUITIES - JAMES GIUSTO. The City Manager reported briefly on the matter Council recognized Mr. James Giusto of Estate Equities, 17291 Irvine Blvd.,' Tustin, CA. Mr.' Giusto stated that due to a mixup, one building permit rather than three had 6een obtained.. He further referred to a check being held for a period of time for plan check, fees on all three locations. Lr5m3m D 0 F CA D ~~J&~{~-~.$jyp - 10 - Council directed staff to obtain additional data and return with a further report on the matter at the next meeting. 25. AGENDA BILL #5203 - SELECTION'OF APPRAISER- '*'] CITY LAND EXPANSION. . Following a brief report. by the City bIanage.r, Counci'lman Skotnicki dfd not object to the appraiser, but rather to purchasing property . with no actual project proposed for the property 26. AGENDA BILL #5204 - PONY LEAGUE/PINE'.EIELD ACQUISITION. The City Manager requested the matter be with- drawn from the Agenda in that the School Dis- trict was not ready to release the property. Council concurred with the request. 27. AGENDA BILL.#5205 - MUNICIPAL'CODE AMEND- MENT - HEALTH PERMIT FEES. The City Attorney gave a brief report on the The following Ordinance was introduced for a first reading: ORDINANCE NO. 6056, AMENDING TITLE 6, CHAPTER PERMITS. The following Resolution was adopted: RESOLUTION NO. 5210, REQUESTING SAN DIEGO By proper motion, the meeting was adjourned at 11:56 P.M. to Thursday, September 22, 1977, at 6:OO P.M.. in the Council Chambers. Respectfully submitted,