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HomeMy WebLinkAbout1983-11-15; City Council; Minutes1~ *i MINUTES 3/ ; 7 m Meeting of: CITY COUNCIL (Regular Meeting) Date Time of of Meeting: Meeting: November 6:OO p.m. 15, 1983 I\\ Place of Meeting: City Council Chambers MEMBERS % %% COUNCIL % %+ 8 CALL TO ORDER: The Meeting was called to order by Mayor Casler at 6:02 p.m. ROLL CALL was taken by the City Clerk as follows: 1 Present: Council Enembers Casler, Lewis, Kulchin, and Prescott. Council Member Chick arrived at 6:11 p.m. Absent: None. INVOCATION was given by Pastor Nelson of the C-;ood Shepherd Assembly. PLeDGE OF ALLEGIANCE was led by Council Member Lewis. APPROVAL OF MINUTES: Minutes of the Regular Meeting held November 1, 1983, Casler X were approved as presented. Lewis X Kulchin xx Prescott X CONSE2JT CALEMDAR: Council mnfirmed the action of the Consent Calendar Casler X Lewis as follows: X X Prescott xx Kulchin WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meting. (50) 1. AE #X38 - RATIFICATION OF DEMANDS ACAINST THE CITY. Council ratified the payment of demands against the City in the munt of $1,439,882.19, for the period October 28 to November 10, 1 983; Payroil demands in the amount of $296,372.92 for the period October 24 to November 6, 1 983; and Housing demands in the munt of $56,784.77 for the period October 28 to November 10, 1 983. )(70) 2. AB 87277 - Supplement #4 - SWIM WOL PARKING LMT - (45) PROJECT NO. 3146. Council adopted PESOLUTION NO. 7403, authorizinq the transfer of funds for swim pool parking lot - project no. 3146. (99) 3. AB #7097 - Supplement #3 - ACCEFTANCE OF A POFE'ION OF BUTIERCUP ROAD (CT 81-30, UNIT No. 2). Council adopted RESOLUTION NO. 7404, accepting a grant deed. , I ~1 (26) (97) (81) (74) (74) (39) (36) (113) (114) MINUTES 311 November 15, 1 983 Page 2 CONSENT ~AR: (Continued) 4. AB #7342 - Supplement #3 - ENGINEERS REEORT AND AUTHORIZDG PUBLIC HEARING FOR MONROE STREET ASSESSMENT DISTRICT, I Council adopted RESOLUTION NO. 7405, approving report and authorizing a public hearing for Monroe Street Assessment District. 5. AB #7561 - RELLINQUISHING ACCESS RIG!dTS TO VENAK) STREET AND GRANTING ACCESS lUCETS TO PIRAGUA STREET. I I Council adopted RESOLUTION NO. 7406, relinquishing access rights of lot 435 of tract 72-20 to Venado Street and acceptinq the granted access riqhts of said lot to Piragua Street. 6. AB #7562 - EXTENSION OF FIREFIGHTER E"ENT LIST. Council adopted RESOLUTION NO. 7407, authorizing and directing the extension of the firefighter I employment list to October 20, 1984. I 7, AR P7563 - DESIGNATION OF EMERGENCY SERVICE WF'XERS. Council adopted RESOLUTION NO. 7408, desianating reserve police officers as disaster service workers for purp&es of workers ' conpensation insurance, 8. AB #7564 - "RAVEL REQUEST FOR TREASURER TD Am LEAGUE FINANCIAL MANAGE" SEPIINAR. Council authorized the City Treasurer to attend the Leaque of California Cities Financial Management Seminar. 9. AB #7565 - OUT-OF-!KMIN TRAVEL REQUEST. Council approved the travel request of the City Clerk to attend the League of California Cities Election Law Seminar. ORDINANCES FOR ADOFTION: 10. A33 #7503 - Supplement #3 - PREANNEXATIONAL ZONE CHANGE - ZC-267 - HUNT PROPERTIES. Mayor Casler announced there were two requests to speak on this Ordinance, and the mtion and requests to speak would be delayed until Council Member Chick arrived. 11. AB #7532 - ZONE CODE FMENI=Mm REGULATING PRICE SIGNS FOR SERVICES STATIONS - ZCA-167 - CITY OF CAlUSBAD. MEMBERS COUNCIL F % Council adopted the followinu Ordinance: Casler ORDINANCE NO. 9700, AMENDING TITLE 21, CHAPTER 21.41 Kulchin OF THE CARLSFAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.41.074 ?o REGULATE PRICE SIGNS FOR Presmtt AuToEloBILE SERVICE STATIONS. Lewis 9$ Q *%* 8 X X xx X ', ,, (99) (113) (57) (85) (113) MINUTES 31: COUNCIL \\y 5 % %' 4 November 15, 1983 Page 3 MEMBERS % %% Mayor Casler announced Items 13 D, E and F would be continued until November 22, 1983, and asked for testimony from anyone not able to attend Council meeting that night. Council continued 13 D. GPA/LU 83-3 - CALAVERA HILLS; Casler X 83-11 - COUNTY OF SAN DIEGO to the November 22, 1983, Kulchin xx meeting. Prescott X PUBLIC HEARINGS: 12. AB #7566 - APPEAL OF PLANNING COMMISSION AJ?PROVAL OF TENTATrvE MAP - - CT 81-6(A) - JEWETT. 13 E. GPA/LU 83-9/2C-285 - TRUITT; and 13 F. GPA/LU X kwis Council continued this item to December 6, 1983, at the xx Kulchin applicant . X Lewis request of the appellant and concurrence of the X Casler Chick X Prescott X ORDINANCE FOR ADOPTION: 10. AB #7503 - Supplement #3 - PREAFWEXATIONAL ZONE CHANGE - ZC-267 - I" PROPERTIES. Mr. Jerry Hart, President of Palomar Airport Pilot's Association, 1826 Sunset Drive, addressed the Council regarding the lack of discussion on the inpact this project would have on the Palomar Airport. Mayor Casler suggested Mr. Hart's testimony would be appropriate at the time of consideration of a plan on the property. Mr. lxrwell Dexter, 2124 Palomar Airport Road, addressd the Council, stating his questions had been answered; and stated he was premature in his appearance on this item. Council adopted the following Ordinance: Casler X ORDINANCE NO. 9701, AMENDING TITLE 21 OF THE CARLSBAD Kulchin MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT BOTH P. Lewis PREANNEXATIONAL ZONE CHANGE AND A ZONE CHANGE (ZC-267) OK EL CAMINO REAL NORTH AND SOUTH OF THE BATIQUITOS LAGOON. xx PreScott APPROXIMATELY 1,700 ACRES OF LAND LOCATED BETWEEN 1-5 ANI: X Chick PUBLIC HEARINGS: 13. AB #7567 - GENERAL PLAN A"ENTS. Mike Holzmiller, Land Use Planning Manager, gave a short sunsnary on these seven items, as contained in the Agenda Bill, using a wall mp to show the location of the projects. Mr. Holzmiller noted that Items 13 D, E and F had been continued to the November 22, 1983, Council Meeting. Mr. Holzmiller comnted that staff felt the cumulative impacts should be considered for the General Plan Amendments, as well as the individual impacts, and asked for direction to start analyzing these impacts. He stated this had not been done in the past, but felt it was time to start this study on the Arnendments being requested to the General Plan, and how the increase in densities requested might affect the City's overall general plan. .. 'I MINUTES 1 . November 15, 1983 Page 4 PUBLIC HEARINGS : (Continued ) I 13. A. AB #7567 - Supplement #1 - EIR 83-5/GPA-70(A)/ZC- 276 - WA. Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, usinu a the applicant had been working on a preliminary plan for the entire property, but it was not ready at the present time. Mayor Casler opened the public hearing at 6:34 p.m. and issued the invitation to speak. I map to shcw the location of this property. He stated Mr. Stan Landess, 2341 Jefferson Street, Suite 200, San Diego, addressed the Council representing ALANDA. He explained they were not in the project as brokers, but as a general partner and intended to make this a long- term project. He gave the history of the project and stated the applicant desired to develop the project all at one time, but two problem had developed: one of geology and one of archaeology. The specific plan they submitted attenpted to address the physical problems identified in the EIR. He add.4 there was another problem with the parcel of land belonging to Dr. White, and this caused a delay in submitting their plan to the City. Mr. Landess stated the requests for the parcel south of Elm had been dropped, but reiterated his belief that the entire parcel should be developed simultaneously. Mr. Landess discussed the md slide area and stated that because of the condition of that soil, the cost of installing Elm Avenue would be double what it should be. Mr. Landess stated the archaeological find was also a consideration, and the site mst be mitigated. The development of Elm Avenue will be an important part of the circulation element, and Mr. Landess stated the property is ideally located for the type of development the applicant has proposed. He stated that unless the land use was changed, the project would not be economically feasible. Mr. Landess proposed several solutions to the problem, including the new law allowing General Plan amendments four times a year, which would allow the applicant the time to return with the entire plan early next year. He Agenda Item; approve the Agenda Item and withdraw the zone change, or set a General Plan Amendment date early next year to enable the applicant to go through the process early in the year. 1 stated there were four choices: denial: approval of the Mayor Casler ascertained that the applicant was still asking for the General Plan Amendment. Mr. Nick Banche, 3464 Ridgecrest, addressed the Council in cppsition to this project, stating the density increase requested was not compatible with the neighborhood. He further stated the only item the Council could consider was the General Plan Amendment, as they cannot consider a plan for the property which has not been presented. 34 COUNCIL /\k ?5 ?L% 8 MEMBERS % 0% .. '1 MINUTES 3 1: 1 COUNCIL \\b 5 % %' ? November 15, 1983 Page 5 MEMBERS % %% PUBLIC HEARINGS: (Continued) Mr. Banche referred to the petition containinq 150 signatures which had been filed with the Planning Comission and made part of the record in opposition to the project as proposed. 1 Mr. Banche stated that he and his neighbors were not opposed to development in that area per se, but they did wish it to be single family housing conpatible with the surrounding homes, and did not want the General Plan changed. He stated he would rather see a district passed to put Elm through, than have it developed by this type of project. Mr. Bob Ladwig, 3289 Donna Drive, addressed the Council in qpsition to this project, stating the entire site would have to be graded in order to develop this eight- acre parcel, and this would commit the entire development. Mr. Ladwig remmnended this project be denied without prejudice to enable the applicant to submit the entire project at one time. Mr. Lyle Richardson, 3470 Hillcrest Circle, spoke to the Council in opposition to this project, stating the increased density was not coqatible with the single family neighborhood and the General Plan should not be amended. Mr. Robert Sherman, 3455 Charter Oak Drive, addressed Council in opposition to the project, statinu no plan has been submitted, and if the grading is done and not landscaped, the result could be very detrimental to the City. Mr. Gustav Nesseth, 3324 Seacrest, addressed Council in opposition to this project, stating the high density on eight acres would involve mlti-story buildings. The dirt from the grading would be put on the south side of Elm, creating another problem. He concluded by stating the entire plan should 'be considered at one time and not piecemeal. Mr. Stuart Scherr, 3244 Meadowlark Lane, addressed the Council, stating there would be an erosion problem if this site were graded and not totally planted and maintained. He felt this was not a viable plan for this land, Mr. James Gaiser, 3340 Ridgecrest Drive, spoke in I opposition to this project, stating he was opposed to the zone change. Mr. Landess spoke in rebuttal, stating the applicant was not asking for anything south of Elm, just asking for a GPA north of Elm. He reiterated his firm's intention to be involved in a long-term operation with this prqerty. Mr. Landess confirmed that the dirt to be remved as a result of the development would go onto the southern portion of the property. He stated erosion controls and landscaping would be put in place in phase one of the construction, Since no one else wished to speak on this item, the public hearing was closed at 7:16 p.m. .. ,I MINUTES - November 15, 1983 Page 6 Council certified Environmental Inpact Report 83-5. Council discussed denying this projsct without prejudice entire land area, and discussed the new law allowing four times a year for GPA's, with the possibility of Council considerin9 them quarterly. Council instructed the City Attorney to prepare documents denying, without prejudice, GPA-70(A) and ZC- 276. 1 to enable the applicant to return with a plan for the RECESS : I Mayor Casler declared a recess at 7:20 p.m. and Council reconvened at 7227 p.m. with all Council MerrS3ers present , (57) 13 B, AB #7567 - Supplement #2 - EIR 83-4/GPA/LU- (85 1 70 (C)/ZC-291 - CAL COMMUNITIES. (113) Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill, with a summary of each of the six areas involved in the project. He presented a petition received tday signed by 319 property owners in opposition to this project . There were questions regarding area four from the Council Members, regarding the mean sea level, and abut extending into the wetlands. Staff indicated the man sea level was not included in the EIR and also staff felt that zone would Me a good buffer between the development end of the project and open space. Mayor Casler cpened the public hearing at 7:46 p.m. and issued the invitation to speak. Mr. Gil Martinez, representing the applicant, gave a slide presentation showing the six areas involved in this project and the project as proposed by the applicant. Mr. Frank Elfend assisted with the presentation, explaining the enhancement portion of the b project . On area one, Mr. Elfend explained there would be a 50- ft. setback from the wetlands and another 50 ft. with the proposed channel. He explained the maintenance and monitorinq would be the responsbility of the developer until such time as the area would do its awn maintenance. Area two was described as a disturbed area and drainage area which would be enhanced by this plan, Area four is not considered wetlands according to the applicant's studies, and it is not functioning--it is pastureland and aqriculture. 31% COUNCIL w * ' MEMBERS % Casler Lewis Kulchin X Chick Presmtt Casler Lewis Kulchin Chick Prescott X %% q $$ 4 x z. X X X X X X X x X ,, .. MINUTES 3 // COUNCIL \\k 5 % %% 8 November 15, 1983 Page 7 MEMBERS % %% The last area is recreation oomrcial and is not affected by the tidal flow. Mayor Casler announced that those wishing to give testimony could speak on any area. I Mr. Allan Kelly, P.O. Box 1065, mer of the land, addressed the Council in favor of the proposed project. Mr. Kelly spoke of the high taxes on his property and the necessity to sell land to pay those taxes. He did not feel it was his responsibility to furnish a view for the surrounding property owners, and if they wanted this land as open space, they should purchase the land. Carole Stewart, 4539 El Camino Real, addressed the Council in favor of the project. Mr. Marvin Sippel, 4679 El Camino Real, spoke in favor of the project, stating the needs of the Kellys should be ansidered also. He stated the mney from the agriculture land does not cover the taxes. He concluded, stating the public has no right to dictate what is done with the Kelly property. Mr. Earl Lauppe, California Department of Fish and Game, addressed Council in opposition to this project, using slides to show the different areas, and stating the wetland areas should not be infringed upon. He asked the Council to deny the project. Mr. Lauppe stated the Fish and Game Department ooncurred with mst of the EIR on this project. Mrs. Susan Andrews, 1825 Bienvenida Circle, addressed Council on items 1, 2 and 3, stating she had helped circulate the petition presented tonight. She stated the land north of the lagoon is enviromntally sensitive, and once developed would be lost forever. She added the residents were told nothing would be built on that land, and if anything should be built there, it should be compatible with the sinqle family residences. Mayor Casler stated the petition would be entered into the record. Mr. Jerry Hart, 1826 Sunset Drive, Vista, addressed the Council, speaking about the silting that occurred in Bristol Cove and reminded the Council this project could crea.te a similar problem. Mr. Hart stated that the proposed project would be in the flight pattern of Palomr Airport and the noise from the airport will be getting worse in the future, which would then create problems for that area. Mr. Ed Maxwell, 4891 Sevilla Way, spoke in opposition to the project, stating he was opposed to the destruction of any more wetlands, and that the tides will be higher in the 1980's, creating mre problems with any development in that area. The applicant presented rebuttal, stating they were proposinq to enhance the areas and provide mre views for the surroundinq residents. Mr. Wayne Callaghan stated the applicant had withdrawn the request on Area 3 and had reduced the density considerably on the project. I ., MINUTES 3/0 /\b %pW November 15, 1983 COUNCIL "0 $,% Page 8 MEMBERS Z. 8 Z. Since no one else wished to speak on this matter, the public hearing was closed at 8:51 p.m. Council Certified Environmental Inpact Report 83-4. Casler X Lewis xx Kulchin X I Chick X Prescott X Mike Holzmiller stated there had been no mrd on Area 1 from the Coastal Connnission and used a transparency to show the area and reiterate what the applicant proposed. Council indicated their intent to deny applicant's Casler xx request on Area 1 and re-approved the Agua Hedionda Plan Lewis Kulchin for that area. X X Chick Prescott X Council indicated their intent to deny the applicant's X Prescott X Chick xx Kulchin X Lewis request on Area 2 and to retain this area as open space. X Casler Council discussed the alignment of Kelly Paad and the remval of the applicant's request for Area 3. It was decided that Council concurred with the applicant's withdrawal of this portion from the request. Council indicated their intent to expand the buildable Casler area in Area 4 and to designate the density as four to Lewis X ten units per acre. Kulchin Chick xx Prescott X Council indicated their intent to increase the density Casler xx on Area 5 to four to ten units per acre, as propxed Lewis X by the applicant. Kulchin X Chick X Prescott X Council indicated their intent to change Area 6 to Casler X recreation aomrcial. Lewis X Kulchin xx Chick X Prescott X I Council directed the City Attorney to prepare documents X Casler for the six areas reflecting the Council's action. X Prescott. X Chick x Kulchin xx Lewis RECESS : Mayor Casler declared a recess at 9:25 p.m. and Council re-convened at 9:31 p.m. with all Council Members present. -0 (57) (85) (113) (57) (113) MINUTES 307 /\B %.p?hz November 15, 1983 Page 9 COUNCIL /o J+% MEMBERS Z. 8 Z. 13. C. AB #7567 - Supplement #3 - EIR - 83-7/GPA/LU 8:- 2/ZC-281 - ROBERTS. Council continued this item to November 22, 1983. xx Casler X Presmtt X Chick X Kulchin X Lewis 13. G. AB #7567 - Supplement #7 - GPA/LU 83-13/ZC- 287/MP-2(A)/SP-23(D)/SDP 83-8 - KOBLENTZ. Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using a transparency to show the location of the property. Mayor Casler cpened the public hearing at 9:37 p.m. and issued the invitation to speak. Mr. Jack Henthorn, 2956 Roosevelt, addressed Council representing the applicant. He stated the opponents had been polled for their preference as to whether they wanted residential or comrcial in this area, and all but two had voted for residential. Mr. Henthorn stated the applicant would now change his request to ask for four to ten units on the upper portion and ten to twenty units on the lower portion of the property. The City Attorney stated this change could be considered without referral back to the Planning Corranission. Mr. Charles Vitello, 819 Caminito Del Mar, addressed the Council in opposition to this project, statinq the game plan had been changed. He stated the higher density was incompatible with Alta Mira and would create traffic problems and parking problems. Mr. Vitello referred to the 235 letters filed with the Planning Comnission, askina this project be denied. Jeri Chapman, 6504 Camino Del Parque, Real Estate Agent, spoke in cppition to this project, stating there would be increased noise, automobile pollution and increased traffic due to this proposed project, which would decrease the property values of existing residences. Mr. Ken Perkins, 6406 Cmino Del Parque, addressed the Council in opposition to this project, stating this would negatively affect the life style of Alta Mira residents. Mr. Robert Holmes, 810 Caminito Rosa, spoke in opposition to the project, stating it would adversely affect the life style of Alta Mira and create a major policing problem. Mr. Jerry Hart, 1826 Sunset Drive, Vista, representing Palomar Airport Pilots' Association, spoke to Council in opposition to the project, using a wall map to show the noise sensitive areas with regard to the airport. This area is one mile from the end of the runway and should he retained as neighborhood cnmrcial. -I 308 MINUTES (@ (99) (40) /\B ?A+%< COUNCIL "0 $,p/ Novmber 15, 1983 Paw 10 MEMBERS 2. 8 2. Mr. Walter Brunn, 6545 Camino Del Parque, addressed Council in apposition to this project, stating it should be corpatible with the existing residences in Alta Mira. Mr. John Dixon, 2186 Palomar Airport Road, spoke to Council, stating this is the area of climb out from the airport and would create a safety and noise factor. Mr. Dom Caresio, 6719 Hyacinth, stated there should be c' planned mrrununity for units in that area, He stated there wuld be children there, and there should be a planned place for them to play. Mr. Jack Henthorn presented the rebuttal for the applicant, stating they would work with Alta Kira as far as the desiqn was concerned and would have single story units on the upper level. He stated they recognized the life style of Alta Mira and would work with them. Since no one else wished to speak on this matter, the public hearing wzs closed at 10:18 p.m. The Council Members expressed mncern abut the proposal being changed at the last minute with m opportunity for Council to review the new proposal. Council also questioned whether increased density is appropriate on this property. Council directed the City Attorney to prepare documents Casler X denying the appeal and affirming the Planning Lewis xx Comission's actions on GPA/LU 83-13, X-287, MP-2(A), Kulchin x SP-23(D) and SDP 83-3. Chick X Prescott X DEP- AND CITY MANAGER REPORTS: Land Use Planninq 14, AI3 #7568 - DENSITY BO?AWS FOR PROPOSED LCW/MODERATE INCOME HOUSING PROJECT AT 1014 - 1016 IXXJNA DRIVE. City Attorney Vincent Biondo gave the staff report as contained in the Agenda Bill. CT 89-23 aAkfree ~~,,~~fs Council indicated the City's intent to grant a density Casler X bonus. X Chick xx Kulchin X Lewis X Prescott City Council 15. AB #7537 - AFQl"T TO CARLSBAD BUILDING AU"IORI!IY. Council adopted the following Resolution: Casler xx Lewis X Prescott APFOIN'IMENT OF ANDREW BORDEN TO WE CITY OF CARLSEAD X Chick SUPERVISORS, SAN DIEGO COUNTY, CALIFORNIA, THE X Kulchin RESOLLl'l?ION NO. 7382, R3COMMENDING TO THE BOARD OF X CUXED SESSION Council adjourned at 10:30 p.m. to a Closed Session to discuss litigation. Council re-convened at 10:45 p.m. with all Council Members present. *c r 303 MINUTES COUNCIL \jk % YA% 2 November 15, 1983 page ” MEMBERS % $% Mayor Casler announced that Council voted to join (not financially) the City of Tustin in their suit against the American Hiuh Speed Rail Corporation. ADJ0URf;lMENT: By proper mtion, the meeting was adjourned at 10:46 p.m. to Tuesday, November 22, 1983, at 6:OO p.m. Respectfully submitted, &&5t&LCpe~ ALETHA L. RAUTENKRANZ, City Clerk Harriett Babbitt, Minutes Clerk