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HomeMy WebLinkAbout1997-03-04; City Council; 14073; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT OF MUNICIPAL CODE VIOLATIONS AT 6111 EL CAMINO REAL, A.P.N. 760-221-15-00M 0 +I m aJ u 3 r: .ii E a) a rn v a aJ a 2 8 * 03 I m (d b Q\ 0 z c, 3 g .rl rl 0 v1 2 a aJ 4-4 a 0 a rlm .vi 4 L1 .d 1u cdn dm ua OaJ \ m \ * b @l 2 -0 CI 2 s - .- 0 c 3 LW LVCJ 0 * CITY OF CARLSBAD - AGENbA BILL AB# /f 073 TITLE DECLARATION OF PUBLIC NUISANCE AND DEPT. HD MTG. 5/5/97 VIOLATIONS AT 61 11 EL CAMINO REAL, CITY ATT DEPT. BLD CITY MGF ORDER FOR ABATEMENT OF MUNICIPAL CODE A.P.N. 760-221 -1 5-00 RECOMMENDED ACTION: It is alleged that a public nuisance exists at 61 11 El Camino Real within the City of the lot identified as APN 760-221-15-00. It is recommended that the Council ADOP' No. YFJ?? declaring the conditions which exist on the property a public nl ordering the abatement thereof. ITEM EXPLANATION: The purpose of this item is for the City Council to hear any evidence or objections a the property identified as 61 11 El Camino Real, APN 760-221-15-00, is a public nuis The property is the driving range portion of the Olympic Resort Hotel. The public alleged to be errant golf balls leaving the driving range and either crossing 01 Palomar Airport Road. Section 6.16.01 0 of the Carlsbad Municipal Code defines a public nuisance as: The existence of real property within the City: 1. In a condition which is adverse or detrimental to public peace, hea general welfare; or Which is maintained so as to permit the same to become so defectii dangerous or in a condition of deterioration or disrepair so that the may cause harm to persons, or which will be materially detrimental tc improvements located in the immediate vicinity of such real property; i constitute a public nuisance. 2. The property owner/lessee has refused to stop using the driving range as ordc temporary steps to stop errant golf balls from entering Palomar Airport Road. - asked the operator to contract with a consultant to study what type of fenc modifications should be made to prevent errant golf balls from crossing or ente Airport Road. This situation is potentially a liability to the City. At the public hearing, staff will present evidence to show why the conditions on should be declared a public nuisance and why it should be abated at the expense o owrier(s). Page 2 of Agenda Bill P 0. /< 473 0 FISCAL IMPACT: The property owner(s) are financially responsible for abating the public nuisance. any litigation to enjoin the nuisance or enforce any abatement order may be recow property owner(s). Cost recovery methods are described within Chapter 6.16 Municipal Code, Section 6.16.1 IO, and can be accomplished by a lien against the 1 action, or criminal action against the property owner(s). EXHIBITS : 1. Resolution No. y?’-p& 2. Location Map 3. Notice and Order dated December 31, 1996 4. Notice and Orders dated January 6, 1997 5. Complaint Letter 6. Evidence Collection Explanation 1 t 4 1 2 3 4 5 6 7 8 9 10 11 12 Qm kzd 13 <:os: 0wg iLL0 $034 14 !21= a->g 9y.u 15 $L$X 16 002 Lo* aoJ 17 18 19 20 21 22 23 24 25 26 27 28 *> 3WZ 2p32 ps 0 I 0 0 RESOLUTION NO. 97-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA DECLARING A PUBLIC NUISANCE AT 61 I I EL CAMIN( REAL. APN 760-221 -1 5-00. WHEREAS, the City Council at their meeting of March 4, 1997, held i noticed public hearing and considered all evidence and testimony of ar desiring to be heard; and WHEREAS, the time limits imposed in a Notice and Order by the City's Enforcement Officer have expired; and WHEREAS, the golf balls leave the driving range and cross or enter Pa Airport Road; and WHEREAS, Palomar Airport Road is a prime arterial accommodating 2 vehicles per day in this area; and WHEREAS, golf balls have struck vehicles on Palomar Airport Road; ar WHEREAS, golf balls are likely to strike vehicles unless appro corrective action is taken; and WHEREAS, the property is in a condition which is adverse or detrimei public peace, health, safety, 0-r general welfare; and WHEREAS, the conditions on the parcel constitute a public nuisan defined in Section 6.1 6.01 0 of the Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of th of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City has the power at both common law and by ordinal abate nuisances. 1 2 3 4 5 6 7 8 9 lo l1 12 13 14 15 O z d 0. 16 17 l8 19 20 21 22 23 24 25 aa YI I UES an0 OW% iLU 304s Ed= a-55 <>mu zwv) EO% &lJ~ 9 OaLL 8a-i =$js pz U0-l u 26 27 28 0 e 3. That the condition of the property is adverse or detrimental to the p health, safety and general welfare of the public. 4. That the conditions on the property constitute a public nuisance. 5. That the public nuisance shall be abated. 6. Operators shall complete the modifications as set forth in the lei February 20, I997 from golf course architect David Rainville and as further 5 on the site pian presented at the meeting of March 4, 1997, no later than Tur April 15, 1997. If these modifications are not completed prior to that tim Council may order the nuisance abated by closing the driving range until modifications are completed. 7. Provided such modifications are completed, the City Counc determine their effectiveness to abate the nuisance. If these modifications ha abated the nuisance to the satisfaction of the City Council, it may impose adc conditions up to and including the closing of the driving range until a st conducted by the lease holder, Olympic Resort, or the property owner to dett how to keep errant golf balls from crossing or entering Palomar Airport Roac driving range shall remain closed pending a study or such other and measures as approved by the City Council are undertaken to abate the nuisai 8. That if the public nuisance continues, the City may seek any legal necessary to abate the nuisance. 9. The City Manager is also authorized to collect the costs of the aba by the means described in Carlsbad Municipal Code Section 6.16.010 or an> lawful means. - 2 I il 1 2 3 4 5 6 7 8 9 10 11 12 0 m> &JJg kZm 13 a08 14 UlU3 iU, $055 gdz a-->a quag 15 a;ss zwv) oZd? agzs 16 La% a04 cza 17 a5 18 19 20 21 22 23 24 25 26 27 28 0 10. The matter shall be returned to the City Council on Tuesday, Apri 1997, in order to determine the progress, effectiveness and appropriatene! measures taken to abate this nuisance. PASSED, APPROVED AND ADOPTED at a Regular Meeting of tP City Council of the City of Carlsbad, California on the 4*, day of March, 1997, t following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clei 3 I December 31, 1996 CERTIFIED M County of San Diego ORDER TO CEASE USING DRIVING RANGE P TA OTICE: As the owner or occupant of th at 6111 El Camino Real, you are hereby notified that you are alleged11 violation of Carlsbad Municipal Code, Section 6.16.010(1), for maintainin public nuisance that is detrimental to the peace, safety, health, or gent s driving on Palomar Airport Road in Carlsbad. 'I balls leaving the driving range 1 permanent barrier mar Airport Road. . 2. Interim barriers to prevent errant golf balls from entering Palomar Airp ating the driving range. and installed to the satisfaction of the City of Carlsl: L 0 0 December 31, 1996 County of San Diego Page Two If you have any questions regarding this notice, please contact Ray Garris Code Enforcement Officer, at 438-1 161 extension 4467. MARTIN ORENYAK Community Development Director By: MO:RMG/rs c: City Attorney City Manager Planning Director Risk Manager T. G. Vallas, Olympic Resort r January 6, 1997 CERTIFIED M Ted Vallas NOTICE OF’ MUNICIPAL CODE VIOLATION ORDER TO CEASE USING DRIVING RANGE E TAKE NOTICE: As the owner or occupant of the property loc: at 6111 El Camino Real, you are hereby notified that you are alleged13 violation of Carlsbad Municipal Code, Section 6.16.010(1), for maintainin public nuisance that is detrimental to the peace, safety, health, or gent 7 ance is caused by errant golf balls leaving the driving range ; the citizens driving on Palomar Airport Road in Carlsbad. ar Airport Road. ected to provide the following: vestigate permanent barrier options to keep errant golf b Palom-ar Airport Road. 2. Interim barriers to prevent errant golf balls from entering Palomar Ark or desist from operating the driving range. Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 FAX (61 9) 438-OE e e January 6, 1997 County of San Diego Page Two If YOU have any questions regarding this notice, please contact Ray Garris Code Enforcement officer, at 438- 116 1 extension 4467. MARTIN ORENYAK Community Development Director By: MO : RM G/r s c: City Attorney City Manager Planning Director Risk Manager County of San Diego e 8- Exhibit 5 June 26, l! A. Jack Ekland 6721 Oleander Way Carlsbad, CA 92009 (619) 438-2699 Bob Johnson, Traffic Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Olympic Resort and Hotel Golf Driving Range's errant gc balls that pelt and endanger the lives and safety of motorists I drive East or West on Palomar Airport Road, West of El Camino Rei Dear Mr Johnson, h ' What's going on? Am I missing something here? Recently my w' their intention to '*fix'* my car. However. endangered. This'matter needs our immediate attention. Agree' 6 1:15 PM Thursday nny Warm Day ut we were both thin he same thing--some anic. I shuddered. Wi e -you OK, " my 0 0 "I can't," I yelled back. "There are cars all around us. Are sure you're OK?" I turned into Palomar Airport's parking lot to inspect our car. expected to find gunshot holes. We found two circled dings. large one on the top of our hood and one small one on top of car next to my Sun-Roof. If we were'nt shot at. What? "Rocks, my wife said, "that work crew we passed somehow caused s( rocks to whack our car. Let's go back there. They're going to : What if you had lost control and we flipped. Does that work c sumeme killed. back there know the danger their causing?" We're d--- lucky. You did a good job of drivii At the work site across the road from the Olympic Resort discovered a prison work crew trimming trees under the supervis of San Diego County Probation Officer--Jim Capewell. "What the heck are you guys doing," I inquired in anger. "Why?" replied the Officer. "Our car was pelted with stones or something as we drove by yc work crew." "Oh that, that's not us," Officer Capewell responded, "that's 1 place across the street. The Resort. Their golf balls bounce to the street and roll into our work site. Look here. We collt them. '' To our surprise--there on the ground--we saw forty or fifty Olyml As we looked in wonder a prisoner came over to Officer Capewell B asked permission to approach us. He handed me a golf ball tl looked like it had exploded, you could see its red core. "I saw this one (golf ball) hit your car and it bounced off and 1 our trash bin," he said with a big smile, "it just missed my heac (This is not funny--Buddy!) 'fI'm going to confront the Hotel," I announced in rage. "If I ha a problem--will you back me," I asked Officer Capewell. Officer Capewell nodded, "No problem! '' Really? I can't believe this. At the Golf Range Office the man charge casually said: "Talk to the General Manager at front desk We told our story of fright and anger to T. G. Vallas, the Gener Manager of the Olympic Resort and Hotel. Resort and Hotel golf balls neatly stacked in a circle. 2 0 0 Unruffled he reached under the front desk counter and handed u' Incident Report Form. Calmly the General Manager disclosed, "We know there is a probl but the FAA (Federal Aviation Administration) won't let US put a high fence. Your car? We have a special place that takes c of car repairs, If you have to get back to work, (we were on lunch hour and late) you can fill this (Report Form) out at horn Though we were extremely upset, our incident seemed routine to Olympic Resort and Hotel General Manager. Befor leaving I showed him the "exploded" golf ball that hit car. He showed surprised. (He kept the ball.) Driving back to work my wife says, "I've got a d--- headache f all this. I'm going to take some ADVIL when I get back to office. I don't feel well." I can't believe this. I can't believe the nonchalant attitude t. hotel has about spraying Palomar Road (an important and heav traveled road) with golf balls which have the potential to cai car damage or injury or death to unsuspecting motorists. No where did I see a sign warning East or West bound motorists the FAA would permit the Olympic Resort and Hotel to put up higher fence to protect motorists on Palomar Road. How did ti situation slip by our city traffic engineers? I will never forget how close I came to a golf ball "knock" on head. Our car sunroof was open. The reflecting ball or anotl ball hit the edge of our sunroof, less than two inches from head. Actually. There were two crashing bangs. Two hits t maybe one ball. I'm not sure. That evening we canceled our dinner plans. We were both deep disturbed. We were disappointed in the Olympic Resort and Hote How could they be of so little concern for the safety of t motorists who must pass their golf range. We spent a restle night. The night of our accident my wife had a nightmare our house was fire. Once fear strikes it is hard to shake off. The amount emotional damage is hard to gage. Now. She doesn't want to dri her car. She doesn't want to use her usual route to and from wc on Palomar Road. I'm glad I was'nt driving my Classic car when we had the acciden I do not intend to drive near Olympic Resort and Hotel until th correct their problem. For sure. We both know now what terror o must go through in a drive-by-shooting. the danger of "flying" golf balls. Surely if approached propel 3 0 w- Fact: The flying debris from the Olympic Golf Range is a haz and a threat to every motorist that drives on Palomar Road West El Camino Real. Knowing such a hazard exist--1 feel a compelling responsibilit which the Olympic Hotel and Resort and our City Traffic Departm should share--to do something to completely "eliminate" spraying of golf balls onto Palomar Road. The day after our accident I returned to the scene to talk to work crew. I was still upset. The work crew was gone. I wal the area near my accident. I found thirteen "fresh" golf ba with the Olympic marking. Again! As a Carlsbad resident, as a Business owner, as a C Traffic Engineer, we have a responsibility--a duty of care--to quickly to rectify any situation we "discover" that threatens 1 neighbor's safety and welfare. We can't afford to tolerate an "accident in waiting" attitude. may need only--a higher fence? I think the FAA would cooper when we point out the "flying golf ball" hazard to motorists Palomar Airport Road. Also consider. Recently, an errant g( ball killed a jogger in Texas. I don't often write four page letters. On the other hand consider this matter so serious I'm prepared to write a book need be. We need not risk serious injury or death. We need 01 to take immediate action to solve'this problem. OK? Then again I may be missing something obvious here. All I see danger. Preventable danger. Thus my earnest tone. I hope to hear from you soon. Thanks. A. Jack Ekland , 4 0 0 Exhibit 6 GOLF BALL COLLECTION INFORMATION Beginning December 12, 1996, code enforcement personnel started collecting 1 balls on the north side of Palomar Axport Road. The balls are being collec opposite of the driving range. As of January 13, 1997, there have been 95 driving range golf balls collected on visits to the site between the above two dates. north side of Palomar Airport Road. These have been collected during 14 Mer e 0 David R ai golf course architec 100 W. Main S February 20,1997 Tustin, CA 9268C (’14’ 8 3 8 - 7200 mm# 10 d:LT,838 -41 15 Ted Vallas a Maypr Olympic Resort Hotel cttycouncil 2 192 Palomar Airport Road Carlsbad, CA 92008 city A#orney Cb Manager City clerk Re: Olympic Golf Facility Dear Ted: On February 13, 1997, I visited the range at the Olympic GolfFacility and reviewed it’s operation with the intent of determining if there are any changes or additions that could be implemented to improve the hction and, in particular, ball containment within the range. In general, I think that the layout of the facilities conform to accepted design within the industry. The tee line has been designed to focus balls to the center. There are adequate clearance zones provided along the sides of the range in addition to dense tree planting and low baf€le fencing to contain errant shots. In as much as you have experienced some balls being hit beyond the boundaries and that these shots are seemingly originating from the inner tee postions, I would offer some suggested modifications that should reduce, if not eliminate, this occurrence. The elimination of four of the seven “pond” greens, those furthest fiom the tee lime, would provide more ‘Yairway” or grass target area. Some players usiig the center tees may tend to aim toward the outer fairway areas away from the ponds which could allow enant shots to go beyond the boundaries. This will provide fairway area in the center of the range. The inner tee positions could also be repositioned slightly to hrther direct the player to the center of the range. This could be done by filling the recessed mat positioning to allow the mats to be aimed more toward the center. The tee position separating panels should also be repositioned to align with the redirected mats. Additional concentration toward the center of the range can be accomplished by supplemental tree planting along the sides of the range. These need to be strategically located to be most effective. To obtain maximum benefit as quickly as possible, the trees should be Eucalyptus of the Camalduleusis or Cladocaiyx varieties properly planted and MEMBER AMERICAN SOCIETY OF GOLF COURSE ARCHITECTS 0 0 Page Two February 20,1997 with supplemental drip irrigation. This will assure a good survival rate along with rapid growth. Ball containment on a range usually includes an analysis of the need or usefulness of fencing. It appears to me that the tree lines along the sides of the range are as effective as any reasonable fencing. The tree line is most effective for tee positions at the ends of the tee line. It is important when attempting to contain errant golf shots that the ball be intercepted prior to its gaining any sign5cant height. Once the ball has reached the top of it’s trajectory (120’ plus or minus), little, if any, containment is possible. Therefore, errant shots from tee positions towards the center of the tee line become more difficult to control and neither trees nor fencing is very effective due to the ball reaching the top of its trajectory prior to reaching the sides of the range. The previously suggested alternatives of redirecting the tee positions, lake eliminations and tree planting should be adequate solutions to ball containment. Hopefblly, this informaion will be beneficial to you. Please call if you have any questions. Very truly yours, xx4a@GL David Rainviile DAR/sr * 0 David R ai DAVID RAINVILLE GOLF COURSE ARCHITECTS golf course architec 100 W. Main Si Tustin, CA 9268C FIRM PROFILE (”*) 8 3 8 - 7200 (fax) 838 - 4 1 15 Today, David RainviIle and his associates carry on a proud tradition of golf course design started by his father, Harry Rainville in 1954. David joined the firm in 1961 and has been involved with every project undertaken by the firm since that time. With offices located in Tustin, California, clients receive continuous personal involvement of David &de. The combined experience, training and tdent of d staff members and selected consultants allow David Rainville, Golf Course Architects to offer a full range of services for our clients. These golf course related services include: Site development feasibility studies including site analysis , environmental constraint review, and conceptual golf course layout with construction cost estimates. Preliminary routing alternatives, schematic golf course design and master plans for existing golf courses. Site design of golf related facilities such as practice centers and clubhouses. Complete construction document preparation including layout, grading, irrigation, and planting plans with details and written specifications. Maintenance review with agronomic and horticultural recommendations. Construction management including bid procedures, field observation, and daily job site construction management. Courses designed by David Rainville, Golf Course Architects combine artistic sculpting of the landscape with traditional values of the ancient game of golf The potential golfing market is always taken into account when developing the style and difficulty of each Rainville course. Golfers of all levels will find a challenging, yet playable design. . Technical and safety concerns will not be compromised on a Rainville course. Proper routing and layout are critical to long term operation off a golf facility. Thorough construction documents are prepared for all projects to insure design intent, proper and timely construction, and all important cost control. MEMBER ,%4ERICAS\I SOCIETY OF GOLF COURSE A’?CHlTECTS Q 0 DAVID RAINVILLE, ASGCA PROFESSIONAL PROFILE David Rainville has been a practicing golf course architect for more than thirty-five years. He is a member of the American Society of Golf Course Architects and is credited with 4: completed new golf courses in the western United States and Asia, including a large number of courses in southern California. In addition, Mi. Rainville has had numerous consultations on redesign and remodeling of existing courses. Mr. Rainville began his career by learning the principals of golf course design i?om the ground up. He worked while a student building and maintaining courses that had been designed by his father, €€any Rainville. These early experiences gave Mr. Rainville a practical understanding of golf course construction, the importance of well drawn plans, and a vision of the transformation from paper to reality, that few designers share. Mr. Rainville’s design experience is also enhanced by his considerable knowledge in golf operations. He owns an interest in three golf courses and serves as a director of their operations. For many years, Mr. Rainville’s regular involvement as a managing partner of Mile Square Golf Course in Fountain Valley, California, has given him background in everything from golf course finance and budgeting to greens maintenance and tournament pIanning. Recently completed new projects include Eagle Crest Country Club and The Vineyard in Escondido, California, Club 700 in Yoju, Korea, Sun Lakes Country Club for Presley of Southern California in Banning, California, and Desert Princess for Watt Industries in Palm Springs, California. Annandale Country Club in Pasadena has been extensively remodeled and completed in time to host the Southern California Golf Association Amateur finals. Mr. Rainville, along with Billy Casper, completely remodeled Torrey Pines Golf Course in San Diego, a major PGA Tournament Site, and has created a number of designs or remodels that have been used for regional tournaments or as qualifjring courses for national events, including most recently, the Bob Hope Desert Classic at Indian Wells. As a member of the American Society of Golf Course Architects, Mr. Rainville served OR their Board of Directors. In addition, he is a member of the U.S. Golf Association and the Southern California Turfgass Council. Mr. Rainville obtained his Class A General Engineering Contractor’s License in the State of California. L e e Mildred Swanson 910 F Caminito Madrigal Carlsbad, CA 92009 r31UydP Le wis + c 0plJC~ ( #f--gkGG5;CYG On 11/25/95 my husband and I were driving East on Palomar Airpoi Road adjacent to the Olympic Resort when a golf ball smashed in our windshield on the passenger side. My husband is a pilot and 1 to the left to avoid being hit. Fortunately the left lane was nc occupied and we didn’t crash into anyone. I did not see the golf ball coming. When it hit I almost jumpc through the roof. The crash sounded like a gunshot. It scared tl daylights out of me. I asked my husband to return to the Resort 1 report our experience and car windshield damage. He said no thr we could not prove who was responsible. Soon after I called the Olympic Resort and asked to speak to tE man in charge of the golf area. I asked him if he knew about tl: hazard he has on his property. I told him someone is going to gt badly hurt one of these days if you don’t do something about it. I told him about our golf ball accident and our cracked windshielc He said something about the people in charge of airplane traffi won’t let them build a tall fence. Anyway. He said our accider was just a freak accident. He did not offer to pay for our cracke windshield. saw the golf ball coming straight at our car. My husband swervc Now that I found out our case is not an isolated incident an Olympic Resort has paid for the golf ball damages to other CE owners, I wonder if it’s to late to collect the money we spent t repair our car. I have the repair bill dated 12/1/95. I hat photos of our cracked windshield for proof. It frightens me to drive near the Olympic Resort now. I tell a1 my friends to stay clear so that they will not get hurt or hav their cars damaged. I am very angry over what happened to us. It seems so unnecessary I regret hearing about your terrifying experience in June of 1996 More people should come forth and stop this. I am glad you guy are going to appear before our Council and tell your story. would like to be there with you, but circumstamces prevent my bein there. Good luck. Imagine he knew about our accident almost a year and half ago and he apparently has done nothing to prevent his go1 balls from flying onto Palomar Airport Road. You can use my nam if you want if you mention our happening. Most kindly, P I -7 x.- % /$ g-? -)L-Lfg& 9 ,‘J -t> / L *,’ c-94~=--”‘ 2- //,T c /5 3-